CCW Reciprocity and Possession Question

[XD9WVU]

I've been doing some research on various states' laws regarding possession of firearms and the disqualifying conditions.

If a person has a concealed carry permit in WV (for example), which is honored in several other states, but the same person is simultaneously barred from possessing a firearm in one of those states (i.e. VA), which statute wins the day?

For example, let's say I have a disqualifying juvenile offense on my record by Virginia's standards, and I am under the age of 30. If I can legally get my CCW permit in WV, and even possess a handgun for that matter, and VA recognizes my WV CCW but also declares it is illegal for me to possess a firearm until I'm 30, which law "counts," so to speak?

Maybe I am just misunderstanding the possession laws. Does VA's law regarding possession in this case only apply to residents of VA or those purchasing firearms in VA, or does it apply to any person who is physically inside of VA's borders with possession of a firearm at the time?

By asking this question, I am expressing only a mere curiosity about how gun laws are handled. There seems to be a tension that exists between CCW reciprocity and mere possession laws. Please refrain from postulating about me personally, and let's keep this discussion objective and facts-based only.

 

[CoRoMo]

If you are in violation of a state's law, when you set foot in that state and conduct said activity, you are a criminal there.

I own firearms that are banned in some of the non-free states. I don't live in any of them though. If I were to possess one of these firearms in one of those states, I'd be breaking their law and subject to prosecution. If I just sit here in Colorado, Maryland isn't going to push for my extradition just because I'm doing something here that would be illegal if I were there.

Does VA's law regarding possession in this case only apply to residents of VA or those purchasing firearms in VA, or does it apply to any person who is physically inside of VA's borders with possession of a firearm at the time?

Yes. Yes. Just going from what you're posting... If VA "declares it is illegal for [you] to possess a firearm until [you're] 30", then when you conduct this activity inside their jurisdiction, you are violating the law. I'd have to see the text of the law to know for sure.

 

[CTShooter]

Just like your drivers license. You drivers license is reciprocated in every state but you must know the driving laws in the state your driving in. Reciprocated is just that, I believe they do not necessarily have to honor it... I'm sure there are exceptions... LIKE... If you knowingly are barred in one state from the possession of a firearm and enter that state with a firearm...license or not your in violation.

....And just wondering, if you were barred in one state from possessing a firearm....How the heck did you get one for another state?

 

[TexasBill]

In order to get a West Virginia CHL, you have to be a resident. Under current Virginia law, you are a prohibited person until the age of 30. Entering the state of Virginia with a firearm, concealed or not, would be a criminal offense in Virginia.

Be aware the state doing a background check will probably get the information from Virginia and failure to reveal such information may constitute a violation of the law in West Virgina. This might prevent you from being able to get a CHL in West Virginia, too.

 

[XD9WVU]

CTShooter: Well, one would be barred from owning a handgun if he was under the age of 30 in Virginia and had committed a disqualifying juvenile offense. Yet, in WV, juvenile offenses are not referenced.

Thanks, TexasBill, for the clear answer.

 

[CTShooter]

ah ok I understand now

 

[bushmaster1313]

Would the Federal law protect the under 30 driver if he was just driving through?

 

[XD9WVU]

That's a good question, Bushmaster, I'd be interested in finding that out as well.

 

[bushmaster1313]

My guess is that it would protect the driver passing through, so long as the gun was legal to possess start and finish and the statute was obeyed while driving through: unloaded and in trunk or locked container.

Nevertheless, I would avoid NYC on the way to Maine if I had a Model 12 locked in my trunk. Six round magazine is a no-no in NYC.