New VA Gun Laws

New VA Gun Laws

This is a discussion on New VA Gun Laws within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have been looking at the new laws here in VA and I see that the new law says I can carry a pistol "secured" ...

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Thread: New VA Gun Laws

  1. #1
    Member Array hardworker's Avatar
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    New VA Gun Laws

    I have been looking at the new laws here in VA and I see that the new law says I can carry a pistol "secured" in the glove box or console. Does this mean locked? Because most cars don't have locking glove boxes or consoles. Is this one of those laws that will take a court case to clarify?


  2. #2
    Member Array Shackleton's Avatar
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    That's the big debate right now, everyone is scrambling to figure out what secured means. I talked with my NRA instructors and they told me the same thing.

    I'll be looking though.
    Semper Paratus

    ‎"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell

  3. #3
    New Member Array ralphola's Avatar
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    This is from VCDL on the new VA gun laws that go into effect July 1.

    Abbreviations used in VA-ALERT: VCDL - Commonly Used Abbreviations
    ----------------------------------------------------------------------
    You will probably want to keep this email, as it describes the new
    Virginia gun laws GOING INTO EFFECT ON JULY 1. There are some items
    here that you most likely are unaware of, so I highly recommend that
    you READ THIS ALERT IN ITS ENTIRETY.

    Areas affected by the new laws:


    RESTAURANTS AND CLUBS THAT SERVE ALCOHOLIC BEVERAGES

    Starting July 1, CHP holders can carry concealed in restaurants and
    clubs that serve alcoholic beverages for on premise consumption,
    however the CHP holder cannot drink alcoholic beverages while carrying
    concealed. Police officers, on and off duty, as well as Commonwealth
    Attorneys, can carry concealed and drink responsibly.

    There is NO requirement to notify anyone that you are carrying
    concealed in a restaurant or club and VCDL recommends taking a "don't
    ask, don't tell" policy. The restaurant or club has the right to
    notify customers that guns are prohibited, or that a particular type
    of carry is prohibited (such as "no open carry" or, perhaps, "open
    carry only"). Regardless, if there was no obvious signage posted or
    you were not told verbally that guns are not allowed, you are NOT
    required to ask permission and I suggest that you don't - just go
    about your business.

    Open carry remains unchanged by the new law and allows for responsible
    consumption of alcoholic beverages.


    MOTOR VEHICLES AND VESSELS

    For those who do not have a CHP, starting July 1 they can have a
    loaded handgun with them concealed in their motor vehicle or vessel as
    long as the handgun is secured in a container (such as a zipped bag,
    closed gun case, closed briefcase, etc.) or in a compartment
    (glovebox, console, etc.).

    NOTE: Remember that if you don't have a CHP, you generally can't
    carry a handgun in such a closed container OUTSIDE of your motor
    vehicle or vessel.

    The House and Senate both adopted Governor McDonnell's change to
    HB 885, so that starting July 1 a non-CHP holder can have a loaded
    handgun in an UNLOCKED compartment or container in a private motor
    vehicle or vessel!!!


    K-12 SCHOOLS

    The new vehicle carry law, above, has an additional benefit for BOTH
    CHP holders and non-CHP holders. Under the law effective July 1, a
    loaded handgun can be kept in a secured container or a secured
    compartment in a motor vehicle while on K-12 school property.

    The new vehicle carry law (18.2-308 B 10) is in the list of general
    exemptions from the concealed weapon law. Police officers and
    Commonwealth Attorneys, for example, are listed in 18.2-308 B. The key
    is that in the third paragraph of the K-12 school weapons law
    (18.2-308.1) it says that anyone exempted from the concealed weapon
    law is also exempted from the ban on guns on K-12 school property.

    Thus, as long as your loaded handgun is in a secured compartment or a
    secured container BEFORE you pull onto school property and REMAINS
    SECURED in that compartment or container UNTIL AFTER you pull off the
    property, you are legal.

    In case those of you with CHPs are wondering why you can't carry
    outside of your vehicle on K-12 school property, that's because the
    CHP wording (18.2-308 D) is NOT in the list of exemptions to the
    concealed weapon law (18.2-308 B and 18.2-308 C). Instead, you can
    think of your CHP as a "get out of jail free" card. You are not
    actually exempted from the concealed carry law, but you have an
    affirmative defense against any prosecution.

    I think we should be working to exempt CHP holders from the concealed
    weapon law.


    LOCAL GOVERNMENT MEETINGS IN COURTHOUSES

    A few County Board of Supervisors, such as in Sussex, currently hold
    their public meetings in a courthouse at night, which thus prohibits
    the otherwise lawful carry of self-defense handguns. During the
    session a not-to-be-named Delegate told me about a bill that was
    totally unrelated to firearms that would help with that problem. Upon
    reading the bill I smiled and kept a watch on it from a distance.

    The new law, effective July 1, prohibits public bodies from meeting
    anywhere that photographing, filming, recording, or otherwise
    reproducing any portion of an open meeting is not allowed.

    That may make several public bodies move their meetings from
    courthouses to a more gun-friendly environment.


    CHP RENEWALS

    Starting July 1 you can renew your CHP through the mail. Just send
    your notarized application, a photocopy of your current CHP, and the
    fee and your application will be processed and your new CHP mailed to
    you. You might want to check with your local Circuit Court Clerk's
    office in case they want something else included - Fairfax is
    notorious for that. REMEMBER: renew between 90 and 180 days before
    expiration of your old permit so that your new permit will become
    effective on the day your old one expires. If you renew when there
    are less than 90 days left on your old CHP, then the new permit will
    become effective whenever it is issued, possibly causing you to lose
    weeks that you had previously paid for on your old permit.


    CHP ISSUANCE

    If the judge agrees, Circuit Court Clerks will now be able to issue
    permits as long as there were no problems with the application or the
    background check, etc. This should speed up getting permits from many
    localities. Judges will be happy to shift the CHP issuance to the
    Circuit Court Clerks. Clerks like the idea as they can serve the
    public more efficiently.

  4. #4
    Member Array GOV5's Avatar
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    It means the door is shut. GEESH! We don't need the court or the NRA for this. that is a common phrase in State laws about guns.

  5. #5
    Member Array ncsteveh's Avatar
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    I would like to know if a snapped holster is considered a container like it is in FL?

  6. #6
    Distinguished Member Array REVMAN's Avatar
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    Quote Originally Posted by ralphola View Post
    ......the CHP holder cannot drink alcoholic beverages while carrying
    concealed. Police officers, on and off duty, as well as Commonwealth
    Attorneys, can carry concealed and drink responsibly.
    Am I understanding this? A LEO or lawyer can drink and carry but a CHP holder can't??? That makes no sense what so ever. I don't drink alcohol but something just don't seem right about this. Just because a person is a LEO or lawyer, they can be responsible but not the CHP holder.
    Last edited by REVMAN; June 20th, 2010 at 01:16 AM.
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  7. #7
    Member Array grandma4's Avatar
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    I'm glad they changed the law on concealed carry in resturants. I travel to va every month and hate having to disarm just to go in to eat.
    2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

  8. #8
    Member Array Shackleton's Avatar
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    Thanks for that Ralph!
    Semper Paratus

    ‎"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell

  9. #9
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by grandma4 View Post
    I'm glad they changed the law on concealed carry in resturants. I travel to va every month and hate having to disarm just to go in to eat.
    You didn't have to disarm....Open carry is perfectly legal.
    Magazine <> clip - know the difference

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  10. #10
    Member Array Nikolai's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    You didn't have to disarm....Open carry is perfectly legal.
    Indeed. They don't call it the "Virginia Tuck" for nothing.

  11. #11
    Senior Member Array boatail's Avatar
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    Quote Originally Posted by REVMAN View Post
    Am I understanding this? A LEO or lawyer can drink and carry but a CHP holder can't??? That makes no sense what so ever. I don't drink alcohol but something just don't seem right about this. Just because a person is a LEO or lawyer, they can be responsible but not the CHP holder.
    I agree..and as for on duty LEO's drinking alcohol, that's a new one on me also!
    Light travels faster than sound...thats why some people appear bright before they speak

  12. #12
    Member Array CPO 15's Avatar
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    A Virginia Commonwealth's Attorney is a prosecutor, arguably a law enforcement entity. I'm surprised Judges weren't granted the exception: I've plenty of ditzy prosecutors but only a handful of ditzy judges.

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