speeding ticket while carrying

[newdovo]

I know that there's a debate (for some) over whether or not to notify the police when stopped for a traffic violation, although we have no legal responsibility to do so. I felt it best to notify the officer in my specific case, when I was recently pulled over for speeding.
My wardrobe that day dictated that I pocket carry (khakis and tucked in oxford dress shirt). S&W j-frame .38 in a pocket holster. Made a stop at the post office on the way to my next destination, so I locked my gun in the glove box, in the pocket holster, and parked on the street. When I went back out to the car, the gun stayed in the glove box. A bit later, I was stopped.
The officer was out of his car and up to mine pretty quickly. He was polite, and asked for my license and registration. I knew that when I opened the glove box, he would see the handgun. I was going to have to actually move it to get to the registration, and I didn't want to surprise anyone. So when I handed him my license, I also handed him my CHP. I let him look over them for a moment and stated "I have a handgun in the glove box and my registration is in there, too. How would you like for me to proceed?" He asked if I would let him hold on to it while we conducted business, and asked if I would hand it to him with 2 fingers. As it was in the pocket holster, that was a little hard to do, so I grabbed it around the cylinder area (not the grip) and handed it to him with the muzzle down and away from us. Not that you could see that; it just looks like a black pocket with a grip sticking out.
I have to admit that I had an inward struggle over whether I wanted to hand it over, but I did comply.
He went to his car, completed paperwork pretty quickly, and was back for me to sign. Handed me my gun, and I set it away from me on the other seat. At the end of the transaction, I did mention to him that I had notified him of the gun because I didn't want to surprise him when I opened the glove box. He stated that he appreciated my letting him know. He was polite and professional throughout the stop.
Looking back, I need to consider other options when carrying in the car like this. Concealed should be concealed.

[ShotgunBlast]

I go by this.

[mk4]

i keep my registration and insurance card in an envelope that fits under a cd holder attached to my sun visor. no need to open my glove box. i also never use the terms "gun", "handgun" or "weapon" in this kind of situation. i use "firearm" or "defensive sidearm".

consider this scenario...
you get stopped. the officer approaches the driver's side while a partner, maybe a rookie, approaches the passenger side. you, being polite, mention your "gun" and ask how to proceed. the partner, because of road noise or whatever, only hears "GUN". you could end up staring at the wrong end of his sidearm at that point. never a pleasant sight.

fwiw.

[Jakeiscrazy]

I thought about the same hing as I often keep a gun in my glove box when I can't carry so I moved my registration and everything my center console. The only problem with that is if some is sitting in the middle seat then I can't get to the papers.

[WRW]

Luckily, my truck has a sleeve on the visor that the papers can fit in. There are aftermarket sleeves as well for visors.

[ Post made via Mobile Device ]

[mrjam2jab]

Wait, you told him and he STILL wrote you a ticket? Doesn't he realize you're one of the good guys?

I keep registration and insurance card in my wallet with my drivers license. It's all in one spot so I don't have to root around for it.

[Jakeiscrazy]

Wait, you told him and he STILL wrote you a ticket? Doesn't he realize you're one of the good guys?

I keep registration and insurance card in my wallet with my drivers license. It's all in one spot so I don't have to root around for it.

Some people give everyone tickets, no break for anyone..... If I didn't think speeding was worth the cost of ticket I wouldn't be speeding.

[dorminWS]

I've been stopped several times in traffic stops (got a ticket for an expired sticker or because someone erroneously posted a ridiculously slow speed limit. Most of you know how that is.

Bottom line: I've had several public officials stop me to discuss my noteworthy contribution to the efficient movement of traffic through their jurisdiction offically recognized, if you know what I mean. 2-3 times in the last decade or so, I've had one of those gentlemen go so far as to issue me a written invitation to return to their baliwick for further proceedings. During that entire time, I've been permitted to carry concealed, and although I've never been OCing, I've always had at least one pistol in my console.

The subject of guns and permits therefore has never, ever come up; and I don't know that I even thought about it (although if I'd had a firearm visible, I know it would have been the FIRST thing I thought about). Of course, in all candor, it is also true that just about every law officer within 100 miles probably either knows me, has met me, or has at least heard my name.

[ShotgunBlast]

I'm sure having a picture of your ugly mug in their squad cars a note to "keep an eye out for this character" doesn't help either.

[dorminWS]

I'm sure having a picture of your ugly mug in their squad cars a note to "keep an eye out for this character" doesn't help either.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Thay don't need my picture. It's a very small community out here in this cluster of 5-6 counties in SW Va where I do business. It's no trick to be known by most of the officials in a community when you've been doing business in it for several decades. The downside is, when they want a frackin' donation, they feel like they KNOW you; know what I mean?
>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Oh, and I also meant to say that keeping your CHP and driver's license together is a good idea. But since you have to have them both WITH you, I'll still keep them in my wallet.

[SHMIV]

I don't know too much about CHP's and the laws surrounding them. My buddy was telling me that the law requires him to have his hands draped over the steering wheel, holding his CHP and license, when the officer approaches the vehicle, should he get pulled over for any reason. He said that that's what he was taught in his concealed carry class.

That didn't sound right to me, but I chose not to debate him; I don't have a CHP, never taken the class for one, so I can't speak to the subject with any authority.

[scrubber3]

If you get pulled and there is no need to tell the officer you are carrying, you don't have to. In the OPs case, he had no choice. If I remember correctly, your license and tags , once entered into the officers little laptop will let him know you are a CHP holder. If he asks if you're carrying, I'd suggest answering him truthfully. If he doesn't ask, you aren't required by law to tell him. CHP holders tend to be law abiding citizens and they know this. Most will give you a pat on the back for taking the initiative. A select few DBs will offer snide remarks.

If I get pulled over for some reason, I'd let the situation determine wether I told him or not. Though I've not been pulled over while carrying yet. Seems whenever I get pulled, I'm on my way to Federal property, and we all know what having a gun there will get you.

Ultimately, it's up to the individual. It's whatever you feel most comfortable doing. Most LEO I know will appreciate you letting them know, but won't care one way or another. Unless not telling them would result in a surprise showing. In which case would be bad for both of you.

[Jakeiscrazy]

Well guess what, got pulled today. Wasn't OCing as I was on my way back to school. Gun was in the glove box but like I said I don't keep my papers there so it wasn't an issue. Time for some court and I'm sure insane fines. 56 in a 35 on Charter Colony right by Midlo Tnpk.

[scrubber3]

Well guess what, got pulled today. Wasn't OCing as I was on my way back to school. Gun was in the glove box but like I said I don't keep my papers there so it wasn't an issue. Time for some court and I'm sure insane fines. 56 in a 35 on Charter Colony right by Midlo Tnpk.

You sir are one lucky 18 year old. BTW, you'll probably get a lashing from some of the guys on here now for having that thing in the glove box. You know, taking into account that you're not 21 and all..... Personally, I don't care but the law does. You seem to have a good head on your shoulders, so just remember that a pistol in the glove box can be considered a concealed handgun. Even having the gun on school property is a big no-no. Come on man, you are supposed to carry the torch for us when we are done. Get your head right!

Oh, slow down too! (I'm a hypocrite saying that)

[mk4]

Well guess what, got pulled today. Wasn't OCing as I was on my way back to school. Gun was in the glove box but like I said I don't keep my papers there so it wasn't an issue. Time for some court and I'm sure insane fines. 56 in a 35 on Charter Colony right by Midlo Tnpk.

ouch... 21 over the limit. did they cite you with "Reckless" - 46.2-862?
get a lawyer and you'll have a chance to get it knocked down to simple speeding vs class 1 misdemeanor speeding.

you don't want criminal speeding on your record.

[Jakeiscrazy]

Well guess what, got pulled today. Wasn't OCing as I was on my way back to school. Gun was in the glove box but like I said I don't keep my papers there so it wasn't an issue. Time for some court and I'm sure insane fines. 56 in a 35 on Charter Colony right by Midlo Tnpk.

You sir are one lucky 18 year old. BTW, you'll probably get a lashing from some of the guys on here now for having that thing in the glove box. You know, taking into account that you're not 21 and all..... Personally, I don't care but the law does. You seem to have a good head on your shoulders, so just remember that a pistol in the glove box can be considered a concealed handgun. Even having the gun on school property is a big no-no. Come on man, you are supposed to carry the torch for us when we are done. Get your head right!

Oh, slow down too! (I'm a hypocrite saying that)

No your incorrect. The law in Virginia allows you to keep a gun in a "secured" in your vehicle. School as in college, no VA state law regarding that from all I can find, in regards to vehicle. The school could only take academic action, and even then the schools are not allowed permission to search vehicles at will such as public schools.

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308

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;

Know your rights man!

ouch... 21 over the limit. did they cite you with "Reckless" - 46.2-862?
get a lawyer and you'll have a chance to get it knocked down to simple speeding vs class 1 misdemeanor speeding.

you don't want criminal speeding on your record.

No he didn't write it as reckless it was right before the road goes to a 45 so thus the reason I was so high over. Normally I keep it out of the reckless. Iconicly a friend was with me and has had the exact same ticket as well(21 over). She took driving class and it was dropped from her record. The officer indicated that the same was likely to happen here as well.


SN: I know there has been some talk about gun stickers being used for profiling in the past. I have a fullsized VCDL Guns Save Lives sticker bumper sticker. It didn't even occur to be that the guy had to have seen it as it's near eye level with the back window but he didn't seem at all concerned. From all I have seen the police around here(Chesterfield) are very respectful of gun owners and citizens in general.

[scrubber3]

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

A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.

B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony.

C. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.

The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (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. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.

As used in this section:

"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.

(1979, c. 467; 1988, c. 493; 1990, cc. 635, 744; 1991, c. 579; 1992, cc. 727, 735; 1995, c. 511; 1999, cc. 587, 829, 846; 2001, c. 403; 2003, cc. 619, 976; 2004, cc. 128, 461; 2005, cc. 830, 928; 2007, c. 519; 2011, c. 282.)

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry; penalty.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;

3. Any person 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;




------being in a glove box, within reach of you can be considered "on your person". You also didn't state whether it was "wrapped up" or not. Regardless, you were not doing anything listed in 18.2-308 sec B #s 1-6. You were going to public school grounds with a firearm. Which is..... You guessed it! Illegal!

Know the law. You were not within your rights. I know mine and am well rehearsed.....


I'm just trying to help you out. If he would have found that gun, you'd have been in a world of crap. If he found that gun on school property, you'd have been in a world of sh1t.

[Riposite]

actually Scrubber 3 asjake points out he was going back and forth from College -not an elementary, middle or high school so the section about school grounds does not apply;

[scrubber3]

Regardless, if it's a public college, there is more than likely a policy stating that no firearms be allowed on school property. Being a student enrolled at that school, I'm sure he signed a piece of paper verifying he has read and understands that rule. If he is caught with a firearm on school property, he would be expelled and his chances of getting into another college are basically nil. Not sure what the legalities would be concerning this, but pending how the judge would want to read the law (if it got that far), he could face some harsh penalties. Not every judge, police officer, school employee is a gun advocate.

(if his school doesn't have any rules to this effect, then I am wrong and apologize) they can change from year to year....

I understand the rights we have and being a VCDL member, I spread the word as best I can. One thing I always do while actively advocating gun rights is stress to people the importance of following law and respecting whatever rules/ policies are in effect for a particular property. If someone decided they wanted to bring a basket of muslims to my house, I'd tell them to get the hell off my property because they scare me.

Some people fear guns. Out of ignorance mostly, but if you don't respect that then they will hate guns even more so. Abiding by the rules and laws set forth makes it easier for us gun advocates to have the freedoms we enjoy so much. And makes it that much easier to loosen the grip of the gun grabbers.

[tursiops]

I'm with Jake on this one. Scrubber, you quoted 1-6....why did you stop there? It was #10 on that same list that got Jake off the hook.

Jake: which college?