Georgian travelling to Virgina - I need your help
This is a discussion on Georgian travelling to Virgina - I need your help within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Planning to travel to Virginia for Thanksgiving. VA does not reciprocate my GFL. I don't expect to conceal carry while I'm there but I would ...
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November 11th, 2007 10:08 PM
#1
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Georgian travelling to Virgina - I need your help
Planning to travel to Virginia for Thanksgiving. VA does not reciprocate my GFL. I don't expect to conceal carry while I'm there but I would like to have a weapon in my vehicle and hotel room. Does anyone know how VA law treats vehicle carry?
Thanks for you help.
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November 11th, 2007 10:08 PM
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November 11th, 2007 10:37 PM
#2
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You can carry in the vehicle as long as it is in plain sight dash or seat in plain view. I don't think you would have any problems with the hotel I don't think their is a law agains it .
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November 11th, 2007 10:41 PM
#3
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Open carry (if over 18 y/o) is legal, thus open in the vehicle appears to be OK, too (http://www.vsp.state.va.us/Firearms_Transporting.shtm); if you're in an accident and you ditch it into the console, you may have some initial grief but it may come out OK, too (http://www.thenewspaper.com/news/19/1987.asp).
"Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which the weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of § 18.2-308(A), unless some particular fact or circumstance renders the weapon inaccessible." (from http://www.vsp.state.va.us/Firearms_...Concealed.shtm)
Re the hotel:
A permit is not necessary in the following circumstances for lawfully qualified persons: [list] Any person while in his own place of abode or the curtilage thereof. (http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm
I don't want to play lawyer, but these links may give you some starting places.
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November 11th, 2007 11:09 PM
#4
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Thans guys. I appreciate your comments and links.
It looks like the hotel is no problem. And the car should be no problem as long as my weapon is out in the open as opposed to being in the glovebox or center console.
We have family in VA so I may end up applying for a non-resident CCW permit for future use.
Last edited by K4Kimber; November 11th, 2007 at 11:14 PM.
Reason: typo
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November 12th, 2007 03:22 AM
#5
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One main thing in the Commenwealth of Virginia pretaining to carrying a firearm is that without a CCW you cannot carry the weapon loaded (on your person and in your Vehicle) or concealed. Your hotel room is slightly different, you can have your firearm in your room loaded...but be aware some Hotels/Motels especially here in the Richmond area donot allow firearms on thier premises. Check the Hotel door for any signs barring firearms. This is also the case in some malls, banks and restaurants throughout the Commenwealth of Virginia. Use the link below, the VCDL has a list of non-gun friendly establishments on thier site.
http://www.vcdl.org/
Commonwealth of Virginia CCW
SA XD .45 ACP 4" Service Model - Black
Taurus Millennium Pro PT145
Remington 798 .243 w/Leupold Scope
Benelli M1 Tactical Special 12ga 18.5" open sight w/Muzzle Brake
Mossberg - Maverick 88 12ga 18.5"
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November 12th, 2007 10:24 AM
#6
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You can keep it in your car while traveling as long as it is not concealed. Virginia is an open carry state but with the cold weather open carry on your person may be uncomfortable. Contrary to what some say your gun can be loaded in your car even without a CHP. In the summer you can open carry in your car as well. As far as hotels go as long as the hotel has no restrictions (posted) then there is no problem. You may also check the Virginia State Police website and apply for a Virginia nonresident permit. I understand they take about 2 - 4 weeks to get.
One more thing about car carry if you put it in a glove box or console be sure to lock it. One major legal point is whether or not you have immediate access to it. If you have to unlock a door to get it, it is generally considered that you do not have immediate access. If the door is already unlocked it is sometimes considered as having immediate access. I am not a lawyer but I have been in the criminal justice system for nearly 30 years as a private security officer (armed and unarmed), private investigator, and U.S. Dept. of the Army Police Officer. Paymeister is right on the money.
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November 12th, 2007 10:44 AM
#7
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Check out the links on www.handgunlaw.us I'm not sure about car carry.
Les Baer 45
Sig Man
N.R.A. Patron Life Member
M.C.R.G.O.
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November 12th, 2007 11:22 AM
#8
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Originally Posted by
crossfireltd
One main thing in the Commenwealth of Virginia pretaining to carrying a firearm is that without a CCW you cannot carry the weapon loaded
(on your person and in your Vehicle) or concealed. Your hotel room is slightly different, you can have your firearm in your room loaded...but be aware some Hotels/Motels especially here in the Richmond area donot allow firearms on thier premises. Check the Hotel door for any signs barring firearms. This is also the case in some malls, banks and restaurants throughout the Commenwealth of Virginia. Use the link below, the VCDL has a list of non-gun friendly establishments on thier site.
http://www.vcdl.org/
Virginia is an open carry state it Is allowed OPEN in your vehicle and on your person as long as it is not concealed.
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November 12th, 2007 11:56 AM
#9
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Originally Posted by
Black Knight
You can keep it in your car while traveling as long as it is not concealed. Virginia is an open carry state but with the cold weather open carry on your person may be uncomfortable. Contrary to what some say your gun can be loaded in your car even without a CHP. In the summer you can open carry in your car as well. As far as hotels go as long as the hotel has no restrictions (posted) then there is no problem. You may also check the Virginia State Police website and apply for a Virginia nonresident permit. I understand they take about 2 - 4 weeks to get.
One more thing about car carry if you put it in a glove box or console be sure to lock it. One major legal point is whether or not you have immediate access to it. If you have to unlock a door to get it, it is generally considered that you do not have immediate access. If the door is already unlocked it is sometimes considered as having immediate access. I am not a lawyer but I have been in the criminal justice system for nearly 30 years as a private security officer (armed and unarmed), private investigator, and U.S. Dept. of the Army Police Officer. Paymeister is right on the money.
I stand corrected after searching the the VA statuates, I found nothing relating or stating that your firearms must be unloaded without a CCW. This has been told to me by various Henrico County Officers, and also by my CCW instructor...I guess they are misinformed.
Commonwealth of Virginia CCW
SA XD .45 ACP 4" Service Model - Black
Taurus Millennium Pro PT145
Remington 798 .243 w/Leupold Scope
Benelli M1 Tactical Special 12ga 18.5" open sight w/Muzzle Brake
Mossberg - Maverick 88 12ga 18.5"
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November 12th, 2007 04:14 PM
#10
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If you conceal it, on your person or in the vehicle, you must have a permit. You may conceal it unloaded in the vehicle but ammunition should be carried separate from the gun. Open carry is legal, on your person or in the vehicle, without a permit.
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November 12th, 2007 04:28 PM
#11
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Originally Posted by
crossfireltd
This has been told to me by various Henrico County Officers, and also by my CCW instructor...I guess they are misinformed.
Henrico Co. Misinformed, I don't think so. More likely to have ignored that part of their training, Henrico as well as Fairfax I believe were instrumental in the push to get Virginia into (Shall Issue) status back in the 90's. I got the H
ll out of there as soon as I could.
Open carry as mentioned before is allowed more by default than anything else. You are okay to open carry anywhere that does not specifically ban guns, court houses, police and sheriffs offices, and anyone with a sign saying NO GUNS. In you car, on your person, you are okay even in restaurants that serve alcohol. as far as the Hotel. I wouldn’t stay in Richmond anyway, the outlying areas are okay, and unless they have the sign, you are good.
"fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
If I have to explain it, you wouldn't understand
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November 12th, 2007 05:09 PM
#12
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crossfireltd:
Considering Henrico County Police that does not surprise me. That bunch act more like California or New York cops than they do Virginia cops. They make me wonder what their first requirement is for a position there, must be willing to ignore Virginia law and the Virginia Constitution. They get corrected quite often in court.
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November 12th, 2007 08:07 PM
#13
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Originally Posted by
Black Knight
crossfireltd:
Considering Henrico County Police that does not surprise me. That bunch act more like California or New York cops than they do Virginia cops. They make me wonder what their first requirement is for a position there, must be willing to ignore Virginia law and the Virginia Constitution. They get corrected quite often in court.
I am originally from Long Island, New York, (and come from an LE family) and I agree with your sentiments regarding Henrico County Police.....they are a strange bunch.....but I still respect them. I have been in Virginia for three years now and just starting to adjust.
Commonwealth of Virginia CCW
SA XD .45 ACP 4" Service Model - Black
Taurus Millennium Pro PT145
Remington 798 .243 w/Leupold Scope
Benelli M1 Tactical Special 12ga 18.5" open sight w/Muzzle Brake
Mossberg - Maverick 88 12ga 18.5"
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November 13th, 2007 01:05 AM
#14
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Rather than getting a Va nonresident permit, you may want to consider getting a Florida permit. Va honors the Fla permit, as do many more states. It would give you greater flexibility than Virginia's. I grew up in Richmond, and spent my first 39 years there. I go home frequently. and I considered getting a Va permit, but I already had a Fla permit, so it wasn't needed.
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November 14th, 2007 09:30 AM
#15
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I open carried in VA last weekend with no problems. We were in the Roanoke/Salem and Lexington areas.
It was nice to carry openly without a license and with virtually nowhere off limits (compared to GA).
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