Question for VA guys

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  1. #1
    New Member Array SAXD's Avatar
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    Question for VA guys

    In Va is it legal (with a permit) to conceal a weapon off ones person in a car? Like under a seat, door pocket etc.
    Thanks for the help.

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  3. #2
    VIP Member Array SIGguy229's Avatar
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    See: Virginia State Police - Selected State Laws Pertaining to Firearms for VA firearm laws.

    There is no law the prescribes how you carry (that I've been able to find) in a vehicle. But you can't discharge a firearm from a vehicle (LIS > Code of Virginia > 18.2-286.1)

    If you have a permit to carry...you can carry in a vehicle. Now there are laws (if approved by the governor) that will go into effect 1 July that will allow people without permits to store a firearm in a locked console in a vehicle.

    Are you a member of VCDL? See www.vcdl.org
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    VIP Member Array varob's Avatar
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    You can contact the Va. State Police for answers about carrying guns in Va.Virginia State Police - Firearms/Concealed Weapons

    http://www.vsp.state.va.us/Firearms_Transporting.shtm
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    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by SAXD View Post
    In Va is it legal (with a permit) to conceal a weapon off ones person in a car? Like under a seat, door pocket etc.
    Thanks for the help.
    Yes.
    Know Guns, Know Safety, Know Peace.
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    Guns are like sex and air...its no big deal until YOU can't get any.

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    Va is a common law State (Commonwealth).

    If there is no law against it or the courts have not found it against the common law, it is legal.

    There is no need for a law to say what is legal, only what is illegal.

    To the best of my knowledge, if you have a CHP, carry it (or them) any way you want with a couple of exception --

    About the only place that addresses where you can carry in vehicle are:

    1) (18.2-308.1)

    (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.
    Therefore it must be concealed from view in/on a school's "parking lot, traffic circle, or other means of vehicular ingress or egress to the school."

    and

    2) State Parks (4VAC5-30-200)

    Firearms.

    No person except employees, police officers, or officers of the department shall carry or possess firearms of any description, or airguns, within the park. This regulation shall not apply in areas designated for hunting by the Department of Conservation and Recreation. This regulation also shall not apply to the carrying of concealed handguns within state parks by holders of a valid concealed handgun permit issued pursuant to 18.2-308 of the Code of Virginia.

    Check out:

    Virginia Citizens Defense League, Inc. (VCDL)

    Places Where Carrying Concealed is Prohibited
    NOTE: In most, but not all, locations where concealed carry is prohibited, open carry is also prohibited.

    Federal Property (concealed carry with CHP and hunting exempted in National Forests) (18USC 930)

    General Assembly Building & property (open or concealed carry OK for CHP holders only) (JRC Rule)

    State Parks (concealed carry w/CHP legal but open carry prohibited)

    Virginia Commonwealth University (8VAC90-10-50)

    Courthouses (18.2-283.1)

    Detention Facilities (15.2-915)

    K-12 school property (unless unloaded in a closed container). CHP holders may possess a loaded concealed handgun while in a vehicle. (18.2-308.1)

    K-12 school buses. (18.2-308.1)

    Property used exclusively for K-12 school-sponsored functions (18.2-308.1)

    Air carrier airport terminal buildings (18.2-287.01)

    Places of worship while a meeting for religious purposes is being held "without good and sufficient reason" (18.2-283)

    Restaurants & clubs serving on-premises alcohol (concealed carry prohibited, open carry NOT prohibited; owners & employees exempted) (18.2-308.J3)

    Private property when prohibited by owner (18.2-308.O)
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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    Member Array CPO 15's Avatar
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    To paraphrase: Hidden from common observation and readily available = concealed weapon. i.e. you need a permit.

  8. #7
    Distinguished Member Array GWRedDragon's Avatar
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    Right. Also only handguns can be concealed and readily accessible, shotguns and rifles must be visible or out of reach. Long guns must also be unloaded (loaded mags not inserted okay) when carried on public roads in many jurisdictions.

    Something to think about: if you place a handgun in eg. your glove box, and you have a passenger who does not have a CHP or equivalent, it could be considered to be in their possession and place them in violation of 18.2-308. If you are going to have a handgun in your car, you should probably keep it on the driver's side.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
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    Quote Originally Posted by GWRedDragon View Post
    Right. Also only handguns can be concealed and readily accessible, shotguns and rifles must be visible or out of reach. Long guns must also be unloaded (loaded mags not inserted okay) when carried on public roads in many jurisdictions.
    Not quite true. As you say "in many jurisdictions" but not all places & all times. More importantly, it applies to hunting not SD. Doesn't mean you might not get jacked up for "hunting." But that's not the intent of the law.

    BTW -- it applies to walking across the road, also -- unless you are authorized to hunt on the private property on both sides.

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

    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    [emphasis added]
    There is also a provision that governing body of the county must notify the game commission.


    Quote Originally Posted by GWRedDragon View Post
    Something to think about: if you place a handgun in eg. your glove box, and you have a passenger who does not have a CHP or equivalent, it could be considered to be in their possession and place them in violation of 18.2-308. If you are going to have a handgun in your car, you should probably keep it on the driver's side.
    Absolutely true!
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  10. #9
    Distinguished Member Array GWRedDragon's Avatar
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    Yeah, well...I guess I should instead say I don't see it as a big deal to keep the mags next to the rifle just in case they want to say I am 'hunting'. My trust in my county is pretty slim

    For some reason I did think it applied to other circumstances too, but you're right about the hunting thing. Oh well.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

  11. #10
    Member Array user's Avatar
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    DaveH observes that he is not a lawyer. I am a lawyer, and an attorney licensed in Virginia, and I endorse what DaveH has said. (A "lawyer" is someone who's studied law - not necessarily licensed as an attorney.)
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  12. #11
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    Quote Originally Posted by GWRedDragon View Post
    Yeah, well...I guess I should instead say I don't see it as a big deal to keep the mags next to the rifle just in case they want to say I am 'hunting'. My trust in my county is pretty slim
    Roger that!

    OTOH -- "Judge I just was riding through town with my legally short 12Ga loaded with six high brass 00 and it's fishing season not deer season! Heck, your honor I was towing my bass-boat."
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  13. #12
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    Quote Originally Posted by user View Post
    DaveH observes that he is not a lawyer. I am a lawyer, and an attorney licensed in Virginia, and I endorse what DaveH has said. (A "lawyer" is someone who's studied law - not necessarily licensed as an attorney.)
    Good point.

    Fixed it.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  14. #13
    New Member Array SAXD's Avatar
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    Thanks guys for all the info.

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