Attorney General opinion on "secured" container in vehicle

[TenchCoxe]

Well we've finally got an Attorney General opinion on what it means for a gun to be "secured" in a container or compartment within a vehicle or vessel. As y'all hopefully recall, the law allows a person to carry a loaded handgun in a vehicle or vessel, even without a CHP, if the gun is "secured" in a container or compartment within the vehicle or vessel. The question we've been asking is whether "secured" means the container or compartment has to be locked, or simply closed "securely."

Well, Ken Cuccinelli has issued an opinion that "secured" does not necessarily mean it has to be locked.

Here is the opinion.

[Taggure]

I also posted the VCDL notice about this as well. This is a good thing that he made this clarification now maybe they can get it down to the local law enforcement and local DA's and they will stop all their wrong interpretation of what the law really means.

[Reca]

I am keeping a copy of this in all of my vehicles because it will prevent a lot of hassle in the future. Highly appreciate this info!

[mrjam2jab]

IIRC....wasn't "locked" specifically struck from a recent bill? and there is still questions about it?

[Jamie]

So has VGOF now gotten over their anger at Cooch for misremembering George Mason's rights to ban firearms on campus then?

I hope so.

[Jfost11]

I am keeping a copy of this in all of my vehicles because it will prevent a lot of hassle in the future. Highly appreciate this info!

I'm going to do the same. While I have a CHP, my wife doesn't. I have wondered if she could get in trouble if I had left the gun in the car with her and I wasn't there.

[TenchCoxe]

IIRC....wasn't "locked" specifically struck from a recent bill? and there is still questions about it?

Yes, when this law was enacted, the original version used the word "secured," then during legislative amendments, it was changed to "locked." Then it went to the governor, and McDonnell sent it back with the recommendation to change "locked" back to "secured." The General Assembly did so, and he signed it with that change.

The problem you've got in Virginia is that courts generally do not look at legislative history. Instead, the court looks only at the words of the statute itself and the commonly understood meanings and definitions of the words used. Of course, a lawyer likely would attempt to show the judge that legislative history, but the judge would not necessarily or automatically reach the conclusion that the GA did not in fact mean "locked." But it seems to me that history is pretty damn good evidence that they didn't.

And of course, an Attorney General opinion is not authoritative or binding on the courts in and of itself, but it's pretty good persuasive authority, and a judge generally would not vary from it unless he had some other reason to conclude the A.G. was wrong. And it certainly seems to me there's no reason to conclude Cuccinelli is wrong here. But of course, I'll have to admit that he reached the result that I believe is correct...

[Reca]

I am keeping a copy of this in all of my vehicles because it will prevent a lot of hassle in the future. Highly appreciate this info!

I'm going to do the same. While I have a CHP, my wife doesn't. I have wondered if she could get in trouble if I had left the gun in the car with her and I wasn't there.

Exactly why I placed them in all the vehicles including hers

[user]

So, The Honorable Ken found my memorandum persuasive.

http://www.VirginiaLegalDefense.com/stu ... efined.pdf