MarcSpaz wrote:Again, I think you may be mistaken my friend. The very first paragraph specifies the weapons that definition applies to, including handguns. Its all one paragraph.
Here is the whole statement.
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 is 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.
Can you help me understand why you feel a handgun is excluded from the definition of a weapon? It reads to me as they made every possible attempt to include every type of common gun in existence, along with many other commonly know weapons; then said with regard to a handgun a CHP is a valid defense.
I am assuming I am not going to make any headway on this in one direction or another, but I will try again if you are willing. I may have missed something so hopefully we can figure it out. (being sincere.. not sarcastic, I swear) My main concern is that I don't want someone to go to jail because they got bad advice or guidance from me or anyone else on the forum. I mean, we all know this info is "use at your own risk", but still, I feel an obligation to do the right thing.
I am like the doubting Tomas. I need to put my finger in the spear wound (or in this case on a specific piece of code) to be sure its real. I see in the code where it specifically says if you don't have a CHP, the firearm must be either unloaded and wrapped or in a secure compartment or container. However, except for a CHP, I see no exclusions or exceptions that apply to civilians that clearly state I don't have to abide by those two methods. What section of the code lists or implies other exceptions that make it so some can keep their handgun on there person while in their vehicle? Is there other exceptions in another section? I know there are lots or references to other parts of the code.
Maybe case law instead of statutory law? I could have missed it there for sure. I don't typically read case law because they tend to set a standard, but judges and juries do tend to be persuaded away from status quo if a better explanation or if a case is more well presented.
I think you are reading too much into it.
Try looking at it this way.....
18.2-308 A establishes that its illegal to carry a concealed weapon, thus "the law".
18.2-308 B establishes that you can carry concealed in your home, giving you permission to "break the law" in your home.
18.2-308 C establishes some occasions and circumstances where you or a specific person are allowed to carry a concealed handgun without a permit, giving you permission to "break the law" when you are within those circumstances.
18.2-308 D establishes a list of people, who are allowed to "break the law" due to the nature of their employment.
As far as the 2 definitions of concealed - the gun tucked in your waistband, but covered by your jacket is "hidden from common observation." A cane or walking stick that you are using to walk down the street with is obviously not hidden from common observation, but when you draw a sword blade from that cane, then the cane "is observable but is of such deceptive appearance as to disguise the weapon's (sword's) true nature.
I'm not sure that I can explain it past that.
