Carrying in Vehicle: GW Parkway

[MrPeanut]

ALCON:

If you do a Google map search for "Columbia Island," you'll see that Columbia Island, and, consequently, a portion of the GW Parkway is actually in DC. So, regardless of the issues related to concealed carry in national parks (which I know little about), this portion of the GW Parkway is verbotten. I'm pretty sure that if you got pulled over there with your gun anywhere in your vehicle, it would be a felony. I'm sticking with Rt. 1.

[Aroooo]

We've debated this in class several times, never with a complete answer. Now though, there is some clearer definition:

http://www.nps.gov/gwmp/parkmgmt/lawsandpolicies.htm

[MrPeanut]

Please explain what was under debate. If you are to comply with all state, local, and federal firearms laws, then by simply having a gun in your vehicle in DC, aren't you NOT complying with DC law? Is there some exception for just "passing through?" I can't find one.

[Aroooo]

The specific debate was "Can a VA resident who is a CHP holder carry their firearm (loaded, concealed, in their vehicle) on the GW Parkway; say from the Beltway to Rt. 123."

This is before the National Park Carry law came into effect.

First, I am not a lawyer. I know you can carry unloaded, locked container, trunk, etc. going to/from range/gunsmith/competition/etc. The question was regarding loaded and on your person.

One of the issues that we never did find an answer to was something about 'passing thru.' One of my students thought there was a 'loophole' in one of the federal interstate commerce rules or something; but he never tracked it down.

For DC, see DC ST § 22-4504.02:
http://weblinks.westlaw.com/result/defa ... 262&vr=2.0

[viiiball]

Yes, Columbia Island and about 1/4 mile of the GW Parkway adjacent to Columbia Island are considered DC. But the rest of the GW Parkway (including the beltway to rt.123) are all in Virginia. The DC line starts on the south shore of the Potomac River. And actually from the beltway to rt.123 you will be seeing Maryland to your north, not DC. The only time its an issue is around the island areas north/west of the airport.

[zephyp]

Please explain what was under debate. If you are to comply with all state, local, and federal firearms laws, then by simply having a gun in your vehicle in DC, aren't you NOT complying with DC law? Is there some exception for just "passing through?" I can't find one.

Actually there is a provision called peaceable journey. Heres a link and text below. Supposedly if you are going directly from one place to another no one can ping you for transporting firearms. Details about how to transport in text...hard to find in the CFR...

http://www.law.cornell.edu/uscode/18/us ... A000-.html

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[Aroooo]

This Code only refers to unloaded firearms. Most State laws include a similar provision.

[MrPeanut]

My "research" (i.e. googling) has led me to believe that DC ST § 22-4504.02 was amended in response to the Heller Supreme Court decision. Reading § 22-4504.02 and 18 USC § 926A (Interstate transportation of firearms), it appears that DC was amending its code to allign itself with the broader federal law. So, what I can conclude from all of this is that AT A MINIMUM, your VA concealed carry rights turn into: "the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle."

So in my hypothetical, and I think this is correct, let's say you're carrying IWB as you drive down the GW Parkway. In order to be on the right side of the law, you'd have to pull over, stop the car, unload and lock up the weapon (as per above) and continue through the DC-owned parts of the parkway until you get back into good ole VA, where you can once again plave it loaded in the holster.

[zephyp]

This Code only refers to unloaded firearms. Most State laws include a similar provision.

True, however this is a federal statute which covers all states. And the question regarded guidance for "just passing through." So, if you comply with the statute and pass through DC without stopping - according to this you're ok. Supposedly the only legal way for us regular folk to "pack" over there.

[GS78]

Whether I am traveling through D.C. or the Bronx, and am carrying.......I just follow all traffic laws, stop at all traffic lights that are red or yellow, make a full and complete stop at all stop signs, and very quietly to myself.....until I get to friendly territory again....