Concealed carrying of rifles?

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Concealed carrying of rifles?

Postby OneTimeQuestionAcct » Mon, 05 Aug 2019 15:16:15

Hello all,

I'm looking into buying a rifle for concealed carry in a backpack or other bag at some point (Kel-Tec Sub2000, folding carbine, classified as a rifle by VA as far as I can tell) but the VA law on carrying a concealed rifle is spotty or nonexistent to the best of my knowledge. The VA CCW permit seems to be about handguns only, and I can't seem to find any concrete advice on how the law handles this. Any advice?


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Re: Concealed carrying of rifles?

Postby WRW » Mon, 05 Aug 2019 16:57:19

https://law.lis.virginia.gov/vacode/18.2-308/

I read this as ability to conceal a rifle while hunting in the rain only, but I'm not a lawyer.

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Re: Concealed carrying of rifles?

Postby kelu » Mon, 05 Aug 2019 19:07:38

What's the difference between carry "concealed" in a backpack or a rifle case? To me, both are "cased rifles", AKA perfectly legal. But I am not a lawyer.
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Re: Concealed carrying of rifles?

Postby WRW » Mon, 05 Aug 2019 19:32:14

"Concealed carry" infers loaded condition, thus not legal, not even in the rifle case? Again, no lawyer here.

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Re: Concealed carrying of rifles?

Postby SHMIV » Tue, 06 Aug 2019 05:47:39

Well, this seems a little sticky. Assume that what you want to do is illegal, until your lawyer can confirm otherwise. At least, that's how I would handle it, given the left turn that Virginia has taken.

By the way, this is not legal advice. This is the opinion of a highschool dropout that drives a truck, and is stating that opinion anonymously on the internet, sooo.... You know....

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Re: Concealed carrying of rifles?

Postby MarcSpaz » Thu, 08 Aug 2019 11:14:46

Just my opinion, but as far as I can tell, carrying a rifle in a backpack is perfectly legal as long as it's unloaded. And by unloaded, I mean no chambered round, no magazine in the weapon, and ammo (in a mag or not) is stored in a separate compartment of the backpack (such as a different zippered pocket).

I own several short-barrel rifles that I transport to the range in this fashion regularly. Though, anyone walking around the mall/streets immediately draws some attention to themselves. Probably more so than someone carrying a rifle case.

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Re: Concealed carrying of rifles?

Postby SHMIV » Fri, 09 Aug 2019 22:36:00

Is there any law that states that a rifle case must look like a rifle case?

I note that guys who carry guitar cases around, tend to do so without attracting much attention. And, they make soft-sided guitar cases with backpack straps, for both electric and acoustic guitars.

Lol, or, maybe I just really enjoyed that movie "Desparados" too much.

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Re: Concealed carrying of rifles?

Postby Ironbear » Sat, 10 Aug 2019 22:31:38

SHMIV wrote:I note that guys who carry guitar cases around, tend to do so without attracting much attention. And, they make soft-sided guitar cases with backpack straps, for both electric and acoustic guitars.

I don't suppose that I'm the only one who, on buying my son a guitar, tried various items to see what fit in the case!
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Re: Concealed carrying of rifles?

Postby MarcSpaz » Sun, 11 Aug 2019 00:13:00

SHMIV wrote:Is there any law that states that a rifle case must look like a rifle case?...


According to the code of Virginia, there is no case requirement at all. VA code 18.2-308 weapons must be "unloaded and securely wrapped while being transported..."

VA code 18.2-308 c.8 is the only exception about transporting firearms, and it is specific to handguns in vehicles. "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..."


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Re: Concealed carrying of rifles?

Postby SHMIV » Sun, 11 Aug 2019 08:48:05

Lol, Ironbear; nope, you are not the only one. Also, I know of several guitar cases around The Commonwealth, that house both guitars and pistols. Often times, you'd never know that the guitar player in question was even inclined to be armed.

@Marc, that code about transport and vehicles; I've found that to be a spiffy piece of code. Any case law in regard to that, yet, that you are aware of? Just curious as to whether or not the boundaries have been tested, on that one.

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Re: Concealed carrying of rifles?

Postby MarcSpaz » Sun, 11 Aug 2019 13:15:22

I'm not aware of any case law in Virginia.

About 7 years ago, I ask a friend of mine, who was a Common Wealth Attorney, if I could just wrap a rifle in a towel since I didn't have a case for it. He said "Sure, I don't see why not." I told him that I was worried about concealed carry laws... he told me that as far as he was aware, no one was ever prosecuted for illegal concealed carry of an unload weapon unless it was hidden on there person, rather than wrapped and carried.

Of course, that was one person and 7 years ago... but it's all the info I have.


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Re: Concealed carrying of rifles?

Postby SHMIV » Sun, 11 Aug 2019 20:09:38

Yeah... And a lot has happened in 7 years. Virginia has gotten a lot bluer.

In some respects, I imagine that the jurisdiction that you are in, could make a difference. In some areas, you may have issues if you happen to get pulled by a department with an overly authoritarian chief, but had you crossed a jurisdictional line before getting pulled, you'd have gotten a deputy that complimented your choice of rifle, before telling you to get that brake light fixed and sending you on your way.

I know that the law is supposed to be relatively uniform across the State, but that law can be interpreted in wildly varying ways, depending upon arresting officers, magistrates, lawyers, and judges.

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