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Virginia concealed carry car rules?

Discussion in 'Legal' started by WardenWolf, Jul 25, 2010.

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  1. WardenWolf

    WardenWolf member

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    My friend, under my tutelage, just bought his first handgun, a CZ-82. He wants to go for his concealed carry permit, but the one thing we are having trouble locating are the rules for vehicle carry. If anyone here can enlighten us as to Virginia's rules for vehicle carry by permit holders, I would be much obliged.
     
  2. il_10

    il_10 Member

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    VA code 18.2-308, B, 10

    Concealed car carry is legal even without a concealed carry permit as of July 1st.
     
  3. jbenn88

    jbenn88 Member

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    Yep, you can have it anywhere you like in the vehicle if it's a pistol, and I'm glad they passed that law on July 1st. It makes a lot more sense than just being able to open carry on the passenger seat or something without a concealed permit...If I were a cop I would much rather it be in a glove compartment or something than arm's length away.

    Does anyone know the specific rules regarding shotguns?
     
  4. WardenWolf

    WardenWolf member

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    Is there duty to inform in Virginia?
     
  5. jbenn88

    jbenn88 Member

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    No. You don't have to let them know although they will most likely see that you have a concealed permit when they run your plates anyways. It's really a matter of personal preference... some say don't because they may harrass you and you don't HAVE to...I think that I would, along with the hands on the steering wheel, lights on, etc. I can see how it could make a cop a little nervous...
     
  6. Zack

    Zack member

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    NOT A LAWYER!!!!!!!!!

    Read § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.


    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.

    (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)
     
    Last edited: Jul 25, 2010
  7. WardenWolf

    WardenWolf member

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    Thanks everyone. This has been a great help to my friend.
     
  8. bikerdoc

    bikerdoc Moderator Staff Member

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    Dont thank us, thank VCDL. Get involved people.
     
  9. swinokur

    swinokur Member

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    Be careful. The new law allows you to keep a loaded handgun in a secure container in a car. ie Glove box or console with a latch.You cannot carry concealed on your person while in your vehicle without a permit. Doing so may get you a free ride to jail.
     
  10. Blackhawk30

    Blackhawk30 Member

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    Legal to carry in a closed container.No chl required.
    Its legal to carry a loaded rifle or shotgun in the passenger compartment so long as you have a chl.
    There are no longer any county or city rules to worry about.That stuff was done away with in 2004 thanks to VCDL.
     
  11. il_10

    il_10 Member

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    Now, IANAL, but the word of the law is "such handgun is secured in a container or compartment in the vehicle or vessel."

    It doesn't state that the container must be secure, just that the handgun must be secured in a container or compartment. As far as I can tell, a shoebox would still be legal.

    As far as I can tell, though, you are certainly correct that on-body concealed carry is still not legal without a permit.
     
  12. Zack

    Zack member

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    IANAL... You can OC in Virginia without permit. 18.2-308.7. Read this< You can not have more than a 20 round magazine in your handgun.
     
  13. swinokur

    swinokur Member

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    Now, IANAL, but the word of the law is "such handgun is secured in a container or compartment in the vehicle or vessel."

    Not to nit pick but would a reasonable person agree with your definition? That is usually the criteria when something is ambiguous in a law. what is a gun in a shoebox secure from? Not secure so it's hidden from view with no lid, or secure so as not to become a missile if the car is in an accident.

    I think the intent of the law is a container with a door or closure like a glove box or console glove box to keep the weapon from moving around and secured from theft by not being visible.

    I could be wrong however.
     
  14. il_10

    il_10 Member

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    I agree with you, an actual compartment built into the vehicle is probably the most obvious intent. However, the way the law is written still SEEMS to cover containers that aren't integral to the vehicle.
    One thing that might be worth watching out for, is the 'grey area' that comes between full open carry and full enclosed vehicle carry. Simply sliding your handgun under the seat wouldn't fall under the new code, and wouldn't be open carry either. I think that could be a bigger issue legally than whether this covers a zipped up range bag or not, as that could still put you within bounds of unlicensed concealed carry.
     
  15. swinokur

    swinokur Member

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    Agreed. Carry under a seat falls under unlicensed CCW. I believe the VA statute mentions hidden from common observation. Under seat carry certainly comports with that.
     
  16. jbenn88

    jbenn88 Member

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    As we all know, the meaning of 'secure' along with many other words involved with weapons litigation or any other litigation in VA are usually only defined by case law. I don't think I want to be the first person to find out that 'secured' means more than a shoebox or something like that by going to jail... It would be good to have a straightforward answer though and you may win, but just seems like a hassle. But yeah, definitely a good point to make that you can't carry it on your person without a CHP. That could be bad.
     
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