Carrying in vehicle

[GS78]

I usually just have guns hidden throughout my car, truck, van, den,kitchen,bathroom...... uniformity, its what keeps you sane......

[zephyp]

If I'm gonna be driving for a while I might place my pistol on the seat. Too hard to draw with a seat belt on, uncomfortable, etc. If you have to stop and jump out then you just grab it. I think the downside is if you're in an accident then you've placed a nice heavy missile on your seat.

[gunderwood]

I was told by a former LEO during a training class that a handgun in a holster is considered concealed while in a vehicle. If you are open carrying, you should take the gun out of the holster and place it in clear sight such as on the passenger seat. If you leave it in the holster, that is considered concealed and you must have a CHP. Probably best to just get the CHP and carry concealed anyway. That way both you and the LEO know about it.

The law is not well defined here. Agree with your recommendations. Keep it on the seat, just to be safe.

[zephyp]

I was told by a former LEO during a training class that a handgun in a holster is considered concealed while in a vehicle. If you are open carrying, you should take the gun out of the holster and place it in clear sight such as on the passenger seat. If you leave it in the holster, that is considered concealed and you must have a CHP. Probably best to just get the CHP and carry concealed anyway. That way both you and the LEO know about it.

The law is not well defined here. Agree with your recommendations. Keep it on the seat, just to be safe.

Proshooter once said if we took the literal interpretation of unconcealed we would have to wear our guns on top of our heads. Seriously.

If you leave the gun in the holster and place it on the seat in clear view it is not concealed since you havent made any attempt to hide the true nature of the weapon and it is readily discernible as a gun....

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

"...A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver.....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. "

[ProShooter]

Proshooter once said if we took the literal interpretation of unconcealed we would have to wear our guns on top of our heads. Seriously.

hehehe....sure sounds like something that I've said!

[gunderwood]

Proshooter once said if we took the literal interpretation of unconcealed we would have to wear our guns on top of our heads. Seriously.

Can I get that with a quick detach mount?

[allingeneral]

Introducing the OC 1911A1 Helmet!

[wrt81]

Hahha nice helmet!

As far as carrying in a vehicle, I do wish the law was a little more clear on it. There was a post on here a while back from someone who seemed to be carrying legal, but still got in trouble had to spend some time in jail if I remember correctly. I think his gun was unloaded, in a plastic gun case (closed), and on his back seat of his car. But, I guess the cop and/or courts didn't see it as being legal.

I own a truck, so I have no trunk. As of now the only place I usually take the gun is to and from the range (no CHP yet). When doing that, I keep the gun in a side pocket on my range bag, with a combination lock on the zipper for that side pocket. I then usually put my magazines in the the glove compartment. I usually keep the ammo in a separate part of the range bag, but have considered keeping that more separate from the gun as well.

Another option I heard someone mention recently was to also use one of those gun locks that go through barrel & chamber area.

Honestly, for me the uncertainty around this issue is a big part of why I'm applying for my CHP soon.

[zephyp]

If I remember correctly the gun was loaded and cased thus considered concealed. I dont think he had a permit which caused the problem.

[wrt81]

If I remember correctly the gun was loaded and cased thus considered concealed. I dont think he had a permit which caused the problem.

I went back and found his post to check...per his post it was unloaded, cased, but not locked. I lock the side pocket that has my gun in it on my range bag, so hopefully that would help matters.

Here's the post I was talking about:

http://vagunforum.net/virginia-laws/con ... t1546.html

[zephyp]

If I remember correctly the gun was loaded and cased thus considered concealed. I dont think he had a permit which caused the problem.

I went back and found his post to check...per his post it was unloaded, cased, but not locked. I lock the side pocket that has my gun in it on my range bag, so hopefully that would help matters.

Here's the post I was talking about:

http://vagunforum.net/virginia-laws/con ... t1546.html

Yes, I remembered that one. If I were his lawyer I would have argued it was in transport mode - that is - unloaded. I think there may have been some other issues involved too. Kinda like sending capone up for tax evasion...

[halljt3]

After reading all the laws on transporting a gun in VA I want to make sure I got this completely right. It is legal to carry a loaded handgun in the passenger as long as its not hidden from common observation such as under a shirt or something???

[ProShooter]

After reading all the laws on transporting a gun in VA I want to make sure I got this completely right. It is legal to carry a loaded handgun in the passenger as long as its not hidden from common observation such as under a shirt or something???

Yes its legal to carry that way.

You also used the term transporting in your first sentence. Transporting is not the same as carrying.

[zephyp]

After reading all the laws on transporting a gun in VA I want to make sure I got this completely right. It is legal to carry a loaded handgun in the passenger as long as its not hidden from common observation such as under a shirt or something???

Yes its legal to carry that way.

You also used the term transporting in your first sentence. Transporting is not the same as carrying.

Good point...

Transporting generally means the weapon is unloaded, out of reach (in the trunk), and separate from the ammo.

Carrying generally means its loaded (or at least locked with a mag), ready for use, and within reach.

[halljt3]

Thanks for the replies guys.

[9MMDerringer]

Many times it can definitely change from police officer to police officer. I read someone say on here that police may not interpret laws, but some do. They have a lot of authority and some (can/may) abuse that authority unfortunately from time to time and usually a judge will side with the police in Northern VA. I am a former L.E. from Wash DC. I lived in Fairfax County for a brief period. The cops in Fairfax are very unpredictable.

True Story:

I am driving my son to elementary school one day, I pass a school bus on the side of the road, and the driver appears to be sitting still drinking coffee and no kids appear to be on the bus. The bus has a white flashing strobe light on top activated, but the flashing lights on the back of the bus are not on, and the little stop sign that extends out on the left side of the bus is not entended. A Fairfax cop pulls me over for passing the bus. I argue with him that the bus is not moving, the bus is not loading or unloading children, in fact there are no children even at the bus. He tells me he does not adjudicate tickets on the street, and issues me the ticket. While he is lecturing me at the stop, the bus pulls out and passes us. I point to the bus and say look there is the bus, no kids! He refuses to look. I take the ticket to court. The judge advises me that I have made a very good arguement, but he will not rule against the testimony of his officer, and he only reduces the ticket, but would not throw it out. If this cop would lie about this "passing the bus" case, he would also lie about the concealed gun incident, and it would be your word against his in court, possibly before another judge that feels the same way the traffic court judge felt, which was, "I will not rule against my officer's testimony."

Just my opinion about being careful in these situations.