Question about news article

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Tomahawk674

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I just read this:

High Beams Lead To Gun Charge




By The Dispatch Staff
Originally published December 4, 2009





OCEAN CITY – A Virginia woman was arrested on a gun possession charge this week after the vehicle in which she was riding as a passenger was pulled over for having its high beams on and speeding.

Shortly after 2 a.m. on Monday, an Ocean City police officer on routine patrol observed a white Jeep heading southbound on Coastal Highway around 140th Street with its high beams on. According to the police report, the officer noticed the Jeep’s headlights were bright and could have affected the vehicle traveling in front of it.

The officer made a U-turn and began following the Jeep as it proceeded south on Coastal Highway at a high rate of speed. According to police reports, the vehicle was clocked going 62 mph in a 40 mph zone for several blocks. The officer activated his vehicle’s emergency lights and pulled the Jeep over at 118th Street. The driver, identified as Shane Jamal Austin, told police he and his passenger were returning to Virginia after a trip to New York.

Austin presented his driver’s license, but when the officer asked for the vehicle’s registration, he noticed the front seat passenger, identified as Dolores Lorraine Mitchell, 26, of Chesapeake, Va., open the glove compartment and search through papers with her right hand while trying to shield the officer’s view with her left hand.

The officer then asked Austin if there were any weapons in the vehicle, to which he replied, “yes, she’s got her gun,” according to police reports. As Austin was making this statement, the officer observed Mitchell hold up a black, semi-automatic handgun using both hands with the barrel pointed away from the officer. When asked if there was any ammunition in the vehicle, Austin replied the ammunition and holster for the gun were under the driver’s seat.

Under the seat, the officer found a nylon holster and one magazine containing 17 rounds of ammunition. Mitchell told police the gun was hers and that she took it on the trip to New York for protection. She told police the state of Virginia did not require a permit to carry the gun. Mitchell was then arrested and charged with transporting a weapon in a vehicle

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I am in missouri, were police officers have told me it is legal to transport a weapon in a vehicle (I can't remember the details, I don't know if it has to be unloaded, ammo in trunk, etc).

So is it ilegal have a gun in your car with available ammo in Virginia?
 
What state were they in when the traffic stop occurred? It does not matter what Virginia law states. What matters is the state law where they were traveling at the time.

FOPA, the Federal Firearms Owner's Protection Act would NOT have been applicable either because:

1. They were not even coming close to complying with FOPA.

2. Their possession of the handgun was likely to be illegal in New York.

Sounds like a legitimate bust to me.

IF they were going to New York, AND they WANTED to comply with the law, they should have left the handgun at home. IF they WANTED to comply with transportation laws, they should have had the handgun and ammo locked in the trunk or in a locked case.

This is an example where they did not WANT to comply with the law, or did not know about the law and sounds like they tried to hide it from an observant cop. On moral ground, I don't think they did anything wrong because I believe we have the right to self protection, but legally, sounds like they did just about everything wrong.
 
The article says Ocean City, lots of those :) Maryland and New Jersey for sure. And it would be illegal in both of those states.

OP, have a link to the original story?

NavyLT is right, without know what state this was it's hard to tell.

ETA: Sounds like Maryland, there is an "Ocean City Dispatch" newspaper there.

So, Maryland law I'm assuming. That type of carry would be illegal in Maryland.

From NRA/ILA page on Maryland:

It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways or upon roads or parking lots generally used by the public

And it doesn't sounds like she had a permit, so there would be no reciprocity.
 
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As pointed out, whether she was breaking the law or not depends upon what state the stop occurred in. Without that information there's no way to tell.
 
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