Virginia CC Vehicle Weapon Storage?

This is a discussion on Virginia CC Vehicle Weapon Storage? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Just got my CC permit the other day. I've done a lot of research on the laws and nothing clearly defines what I need to ...

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Thread: Virginia CC Vehicle Weapon Storage?

  1. #1
    New Member Array vb911's Avatar
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    Virginia CC Vehicle Weapon Storage?

    Just got my CC permit the other day. I've done a lot of research on the laws and nothing clearly defines what I need to know about carrying a concealed weapon in my vehicle.

    My only questions is.... For someone that has a CCP in the state of Virginia can you put a loaded CC firearm into an unlocked glovebox or center console?

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    VIP Member Array Pikachu711's Avatar
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    A good place to start is Handgunlaw.us

    That's a good place to start. They have a great deal of information on gun laws in the 50 states. Give that a try.
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    Quote Originally Posted by vb911 View Post
    ...

    My only questions is.... For someone that has a CCP in the state of Virginia can you put a loaded CC firearm into an unlocked glovebox or center console?
    Your firearm is legal in your glove box or center console as long as you are in the vehicle. If your family remains in the car when you get out, just move your firearm to the front seat, dash, etc.
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    New Member Array vb911's Avatar
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    Quote Originally Posted by Pikachu711 View Post
    A good place to start is Handgunlaw.us

    That's a good place to start. They have a great deal of information on gun laws in the 50 states. Give that a try.
    Quote Originally Posted by ronb5538 View Post
    Your firearm is legal in your glove box or center console as long as you are in the vehicle. If your family remains in the car when you get out, just move your firearm to the front seat, dash, etc.

    Much thanks to the both of you!

  6. #5
    Distinguished Member Array Black Knight's Avatar
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    IANAL but this is a gray area. The main thing to remember is who has ready access to it. If you are in your car alone it should be no problem. If others are in the car and someone else has access to it an eager officer could make trouble for those in the car. My suggestion would be to keep it on your person when possible. If you have to leave it in the car with someone there either lock the glovebox or console or leave it on the seat in plain sight. Most cops in Virginia are levelheaded and understand but there are those who want to make a name for themselves and don't really care what name they make.

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    Yes it is legal to put it in your glove box/console or other places that hide it from sight. As mentioned earlier, if you exit your vehicle, leaving a non-licensed person in the vehicle it must be in plain view. Also you must insure that the person left in the vehicle is able to lawfully be in possession of a weapon.

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    Distinguished Member Array Paymeister's Avatar
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    Interesting story along those lines: I took wife, daughter, and daughter's friend to a U2 IMAX show (no weapons in NC theater per state law). On retreiving my pistol from the trunk after the show I was having difficulty holstering it, so I discreetly tucked it under my leg. At a gas station partway home, my wife and I left the vehicle and the teens stayed. Imagine my embarassment halfway to the cashier when I realized what *wasn't* on my belt. When I returned and found my pistol on the driver's seat the girls treated me to some delightful giggles (at my expense).

    Take-home lesson: carry your weapon on you, OR carry it in a console (etc.), but 1) know where it is and 2) make your choices deliberately rather than by accident or convenience.
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    Distinguished Member Array tcox4freedom's Avatar
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    Here's the link to the VA code.
    LIS > Code of Virginia > 18.2-308

    I say find an leo and ask. As far has I can tell, if you have a permit, you can carry loaded on you person or in your car.

    I need to know myself. I have family in VA and visit as often as I can.

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    Quote Originally Posted by tcox4freedom View Post
    Here's the link to the VA code.
    LIS > Code of Virginia > 18.2-308

    I say find an leo and ask. As far has I can tell, if you have a permit, you can carry loaded on you person or in your car.

    I need to know myself. I have family in VA and visit as often as I can.
    Do Not just walk up to a LEO and ask, you may get the wrong answer. Although most are not all LEOs are that well informed as to CC of a firearm.

    As long as a permitted person is in the vehicle it can be concealed in the console or glove box. If the permitted person gets out of the vehicle it must in plain site or locked up if an non permitted person of legal age is still in vehicle.

    As I recommend Handgunlaw.us and LIS > Code of Virginia > 18.2-308

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    Everyone says this, but it is wrong

    Quote Originally Posted by fireman836 View Post
    If the permitted person gets out of the vehicle it must in plain site or locked up if an non permitted person of legal age is still in vehicle.
    Some good information here, but some wrong information in this thread that could get your loved ones or friends arrested.

    Here are some scenarios for what is and is not legal in Virgina. The permit holder may exit the vehicle and leave the weapon hidden from view in the vehicle, if the vehicle is not on Federal property, or the property is not a K-12 school.

    A permit holder MAY NOT leave a weapon hidden from view in the vehicle with a non permit holder in the vehicle.

    A permit holder MAY NOT leave a weapon in plain view in the vehicle with a non permit holder in the vehicle. It is illegal for a non permit holder to have a loaded weapon in a vehicle in Virginia.

    It is illegal for a non permit holder to have an unloaded and uncased weapon in the passenger area of a vehicle.

    It is illegal for a non permit holder to have a cased weapon in the passenger area of a vehicle.

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    VIP Member Array paramedic70002's Avatar
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    Quote Originally Posted by ctr View Post
    Some good information here, but some wrong information in this thread that could get your loved ones or friends arrested.

    1: Here are some scenarios for what is and is not legal in Virgina. The permit holder may exit the vehicle and leave the weapon hidden from view in the vehicle, if the vehicle is not on Federal property, or the property is not a K-12 school.

    2: A permit holder MAY NOT leave a weapon hidden from view in the vehicle with a non permit holder in the vehicle.

    3: A permit holder MAY NOT leave a weapon in plain view in the vehicle with a non permit holder in the vehicle. It is illegal for a non permit holder to have a loaded weapon in a vehicle in Virginia.

    4: It is illegal for a non permit holder to have an unloaded and uncased weapon in the passenger area of a vehicle.

    5: It is illegal for a non permit holder to have a cased weapon in the passenger area of a vehicle.
    1: On school property the weapon must be unloaded and secured in a locked container.

    2: As long as the vehicle passenger does not have 'immediate access' to the weapon, it's OK. Courts have been questionable on what constitutes 'immediate access.'

    3: It is not illegal for a non permit holder to have a loaded weapon in a vehicle in Virginia. As long as that person is at least 18 years old and not a felon, it's called open carry and it is perfectly legal.

    4: See #3.

    5: Cased = concealed however there are several exclusions to this law for non permit holders, such as en route to or from a gun repair shop, etc. I'll copy a few examples out of the applicable Code (18.2-308):

    3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

    4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

    5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

    6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
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  13. #12
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    Very good summary of the current Virginia situation.

    Quote Originally Posted by paramedic70002 View Post
    1: On school property the weapon must be unloaded and secured in a locked container.
    However, I assume point #1 (above) was intended to apply to Non-CHP individuals. CHP holders who do not exit the vehicle may carry concealed on K-12 property.

    18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
    The exemptions set out in 18.2-308 shall apply, mutatis mutandis. The provisions of this section shall not apply to ....
    (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.
    FWIIW, I believe that there was a court case that decided that a locked glove box was not a locked container.
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    Quote Originally Posted by DaveH View Post
    Very good summary of the current Virginia situation.



    However, I assume point #1 (above) was intended to apply to Non-CHP individuals. CHP holders who do not exit the vehicle may carry concealed on K-12 property.

    18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.


    FWIIW, I believe that there was a court case that decided that a locked glove box was not a locked container.

    I think you are correct DaveH, the locked glove box is not acceptable.

  15. #14
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    Quote Originally Posted by paramedic70002 View Post
    1: On school property the weapon must be unloaded and secured in a locked container.

    2: As long as the vehicle passenger does not have 'immediate access' to the weapon, it's OK. Courts have been questionable on what constitutes 'immediate access.'

    3: It is not illegal for a non permit holder to have a loaded weapon in a vehicle in Virginia. As long as that person is at least 18 years old and not a felon, it's called open carry and it is perfectly legal.

    4: See #3.

    5: Cased = concealed however there are several exclusions to this law for non permit holders, such as en route to or from a gun repair shop, etc. I'll copy a few examples out of the applicable Code (18.2-308):

    3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

    4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

    5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

    6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
    Your numbers are out of order, but, cased storage must be in the trunk or for vehicles without trunks, in the area behind the front seat.

    Yes, Virginia is an open carry state - forgot about the allowance for handguns in plain view in vehicles. Generally, the seat and dashboard are considered ok. A glove box, whether locked or not, is a no go. State statues are not specific, but police and courts have generally considered the glove box as "in possession" and "not generally visible" as in concealed. Note that open carry is for handguns only, it does not extend to long guns - rifles and shotguns.

    A quick note about #1, School property. A CCW holder would have to unload and secure the weapon prior to entering school property. CCW holders are not allowed to exit vehicles with a weapon on school property.

  16. #15
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    Quote Originally Posted by ctr View Post
    Yes, Virginia is an open carry state - forgot about the allowance for handguns in plain view in vehicles. Generally, the seat and dashboard are considered ok.
    (emphasis added)

    Do you know of any Virginia case law or code section that define in-plain-view in a vehicle?

    If a single LEO approached on the driver's side a three o'clock, a driver w/ OWB open carry could be out of his/her view.

    I've read that some States define it as from two of the three Points of View -- driver's side front window, windshield, and passenger's side front window.

    I'd love to get a clearer take on this point.

    Quote Originally Posted by ctr View Post
    Note that open carry is for handguns only, it does not extend to long guns - rifles and shotguns.
    Citations please? Un-loaded long guns are often transported in very visible gun racks around here.
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    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

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