Virginia "secure container"

This is a discussion on Virginia "secure container" within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; VCDL has held and we had an Attorney General's opinion supporting our position that a "secured container" in Code § 18.2-308 subsection (B)(10) ... any ...

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Thread: Virginia "secure container"

  1. #1
    VIP Member
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    Thumbs up Virginia "secure container"

    VCDL has held and we had an Attorney General's opinion supporting our position that a "secured container" in Code § 18.2-308 subsection (B)(10)

    ... any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel....

    does not means a "locked" container.

    That position has now been affirmed by a Virginia Appeals Court as of yesterday.


    Enjoy reading, good (and short, as court opinions go):


    https://docs.google.com/file/d/0BxIM...it?usp=sharing
    sdprof likes this.
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  3. #2
    Senior Member Array SigPapa226's Avatar
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    Good to know.

    Thanks for posting.
    Ten Bears: It's sad that governments are chiefed by the double tongues. There is iron in your words of death for all Comanche to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men.

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    Distinguished Member Array chuckusaret's Avatar
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    We had a rash of similar charges shortly after Florida's 1987 gun law approval and still have a few today either because of the LEO's ignorance of the law or just plain harassment. I am positive that this type of harassment in my area would cease if the out of court settlement costs came out of the police departments general operating fund budget line and not the cities legal budget line.
    DaveH likes this.
    US Army 1953-1977

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    "such handgun is secured in a container"

    Makes sense because the law didn't say "secured container," only secured "in" a container. Nothing in that can be construed as locked.
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    Thats good, all of the ways words are used and twisted should not have to be this way. common sense
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  7. #6
    Senior Member Array SigPapa226's Avatar
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    BTW the VA AG Ken Cuccinelli said that quit a while ago... glove compartment OK, does not need lock. Glad to see court case confirmed it though
    Ten Bears: It's sad that governments are chiefed by the double tongues. There is iron in your words of death for all Comanche to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men.

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    Quote Originally Posted by SigPapa226 View Post
    BTW the VA AG Ken Cuccinelli said that quit a while ago... glove compartment OK, does not need lock. Glad to see court case confirmed it though
    Yup.

    I mentioned that in the OP.

    However, that's just an opinion of a lawyer -- albeit an inportant opinion.

    As the court said,

    "Statutory interpretation is a question of law which we review de novo, and we determine the legislative intent from the words used in the statute, applying the plain meaning of the words unless they are ambiguous or would lead to an absurd result.” Wright v. Commonwealth, 278 Va. 754, 759, 685 S.E.2d 655, 657 (2009).

    [emphasis added]
    IOW, it ain't over until the guys and gals in the robes sing. IMHO, this is the last stanza, as it is not likely to be appealed.
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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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    Thanks for sharing this!

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    Good information to know. Thank you !!! God Bless

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    Let's hope this case makes it into every VA LEO roll call so that there are no repeat arrests. I wonder if the subject of the arrest is contemplating legal remedies.
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    Quote Originally Posted by paramedic70002 View Post
    Let's hope this case makes it into every VA LEO roll call so that there are no repeat arrests. I wonder if the subject of the arrest is contemplating legal remedies.
    Hello guys! This is my first post on this forum but I am the person arrested in that case. I'm happy this is finally over with and I find it troubling that it took 2 years and I was found guilty at the general district court and the circuit court. I'm hoping to take the necessary steps to receive my firearm back along with all the court costs and fines I payed.

    As far as legal remedies, idk if I have a strong case for that but it is something to think about.

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    Quote Originally Posted by doulgerakisep View Post
    Hello guys! This is my first post on this forum but I am the person arrested in that case. I'm happy this is finally over with and I find it troubling that it took 2 years and I was found guilty at the general district court and the circuit court. I'm hoping to take the necessary steps to receive my firearm back along with all the court costs and fines I payed.

    As far as legal remedies, idk if I have a strong case for that but it is something to think about.
    Best of luck in getting your firearm and expenses back to you.

    Please keep us updated.

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    How much did an innocent person have to pay in legal fees plus time to finally clear this up?

    Next time he has to answer "Have you ever been arrested" he has to say yes then hope the explanation is OK and doesn't cost him a job.

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    Senior Member Array VBVAGUY's Avatar
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    Quote Originally Posted by doulgerakisep View Post
    Hello guys! This is my first post on this forum but I am the person arrested in that case. I'm happy this is finally over with and I find it troubling that it took 2 years and I was found guilty at the general district court and the circuit court. I'm hoping to take the necessary steps to receive my firearm back along with all the court costs and fines I payed.

    As far as legal remedies, idk if I have a strong case for that but it is something to think about.


    Wishing you the best. Please keep us updated. God Bless

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    VIP Member
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    Quote Originally Posted by doulgerakisep View Post
    Hello guys! This is my first post on this forum but I am the person arrested in that case....

    Greetings & welcome aboard -- from SWVA

    Sounds as if you’ll fit in here just fine.
    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

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