Passing through Virginia: OC issues? - Page 2

DaveH · October 24th, 2009, 11:05 PM

Quote:

Originally Posted by redrick

Be careful in Chesapeake, unless they have changed there laws.

It is unlawful to transport or possess a loaded firearm on the road in a vehicle.

Citation please!!!

You might be thinking about:

Quote:

§ 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]

Which applies to to hunting only.

Some one with a CHP, such as the OP, would be OK under this law.

If there is any other State Law, I love for someone to post it.

If it is a stand-alone Chesapeake requirement, please see:

Quote:

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
[Emphasis added]

jofrdo · October 25th, 2009, 01:35 PM

"Virginia Gun Owner's Guide," 6th edition, Alan Korwin & Steve Maniscalco, Chapter 4 paraphrases two of City of Chesapeake's laws (without citing code):
1) It is unlawful to transport of possess a loaded firearm on the road in a vehicle.
2) It is unlawful to transport, possess or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway within the boundaries of the road.

Neither is exclusive to hunting. To my knowledge, the first one is not enforced, at least not on permit holders as it would be preempted. Those who open carry without a permit may fall astray of this one.

These would be good ones for Virginia Citizens Defense League to look at getting changed. I'm a member so I'll start by calling the Magistrate's Office and inquiring about them. I might have to go to the public library to get a copy of the code since the city doesn't have any online links that I can find. I'm an amateur musician with a very busy rehearsal schedult the next two weeks, so this isn't going to happen right away.

DaveH · October 25th, 2009, 01:55 PM

Quote:

Originally Posted by jofrdo

"Virginia Gun Owner's Guide," 6th edition, Alan Korwin & Steve Maniscalco, Chapter 4 paraphrases two of City of Chesapeake's laws (without citing code):
1) It is unlawful to transport of possess a loaded firearm on the road in a vehicle.
2) It is unlawful to transport, possess or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway within the boundaries of the road.

Neither is exclusive to hunting. To my knowledge, the first one is not enforced, at least not on permit holders as it would be preempted. Those who open carry without a permit may fall astray of this one.

These would be good ones for Virginia Citizens Defense League to look at getting changed. I'm a member so I'll start by calling the Magistrate's Office and inquiring about them. I might have to go to the public library to get a copy of the code since the city doesn't have any online links that I can find. I'm an amateur musician with a very busy rehearsal schedult the next two weeks, so this isn't going to happen right away.

Can't propose a change that I don't have a citation for/know where it is. Thanks for the research offer.

Please let me know what you find.

BTW -- If they are "City of Chesapeake's laws" (other than the "hunting" exception, cited above) they are is invalid. And

Quote:

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
....
C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

IMHO: the best way to go after such local laws is not chase them one-by-one, but to change § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies C from "may" award to "shall" award.

DaveH · October 25th, 2009, 02:16 PM

[QUOTE=jofrdo;1348192Neither is exclusive to hunting.[/QUOTE]

Sometimes locals will try to mislead the public by saying something like "Pursuant to § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways it is a [name the crime level] to carry loaded firearms on public highways of ...." w/o pointing out in their statute that the § 15.2-1209.1. is limited to hunting, and that the

Quote:

provisions of this section shall not apply to persons carrying loaded firearms [ daveh: note it is not just CHPs, handguns, etc] in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

pete334 · October 30th, 2009, 11:36 AM

Very interesting. I have in-laws out there. Wonder if they know?

October 30th, 2009, 11:36 AM	#15
pete334 New Member Join Date: Oct 2009 Location: WA Posts: 3	Very interesting. I have in-laws out there. Wonder if they know? __________________ Trying to find a Seattle injury lawyer.

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October 25th, 2009, 01:35 PM	#12
jofrdo Senior Member Join Date: Jul 2006 Location: Chesapeake, Virginia Posts: 646	"Virginia Gun Owner's Guide," 6th edition, Alan Korwin & Steve Maniscalco, Chapter 4 paraphrases two of City of Chesapeake's laws (without citing code): 1) It is unlawful to transport of possess a loaded firearm on the road in a vehicle. 2) It is unlawful to transport, possess or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway within the boundaries of the road. Neither is exclusive to hunting. To my knowledge, the first one is not enforced, at least not on permit holders as it would be preempted. Those who open carry without a permit may fall astray of this one. These would be good ones for Virginia Citizens Defense League to look at getting changed. I'm a member so I'll start by calling the Magistrate's Office and inquiring about them. I might have to go to the public library to get a copy of the code since the city doesn't have any online links that I can find. I'm an amateur musician with a very busy rehearsal schedult the next two weeks, so this isn't going to happen right away.