Lawfully Possess Weapon in Hotel Room?

[snowdog650]

Good day, all ...

I am from the People's Socialist Union of Kalifornia, and will be sent out to DC for 6 weeks this summer for work. I will be staying in a hotel in Alexandria for the 6 weeks.

My question is ... is it legal for me to have a weapon (i.e., Sig P226R) in my room for self defense? In Kalifornia, we are allowed to do that ... but wanted to be sure before I head out to lovely VA with my weapon.

Thanks, y'all.

SD

[IANAL]

I'm no lawyer!

Quoted from the Virginia State Police website at http://www.vsp.state.va.us/Firearms_Transporting.shtm regarding "Transporting of firearms through Virginia"

While it is the general policy of this agency to provide assistance and information to private citizens whenever possible, the Department of State Police does not provide legal advice, opinions, or statute interpretation to private individuals.

Virginia does not require firearm registration nor is it necessary to obtain a permit before carrying a firearm or other such weapon openly about the person except where prohibited by statute. Pursuant to §18.2-308 of the Code of Virginia, resident concealed handgun permits are issued by the circuit court of the jurisdiction in which the applicant resides, and nonresident concealed handgun permits are issued by the Virginia State Police.

And here's a link to the Nonresident Concealed handgun permit requirements in case that interests you. Do you travel to Virginia often, or is this a one-time thing?

http://www.vsp.state.va.us/Firearms_Non ... ealed.shtm

As for the hotel room... My thought is that as long as it's not concealed and as long as the hotel you choose doesn't have policies and postings disallowing firearms on their property, you'll be Ok.

[OakRidgeStars]

Here's a link to Virginia's reciprocity agreements with others states. Unfortunately, California is not one of them.

http://www.vsp.state.va.us/Firearms_Reciprocity.shtm

[Moccasin]

I'm no lawyer!


As for the hotel room... My thought is that as long as it's not concealed and as long as the hotel you choose doesn't have policies and postings disallowing firearms on their property, you'll be Ok.

IANAL pretty much summed it up. You mention going to DC, are you actually going into DC or just near DC?

You can try here also- http://www.handgunlaw.us/ Not official but they try to keep it updated.

[Vahunter]

Yes you can have it in your room. A hotel or motel is considered an extention of your home. There is a legal link floating around about it. But what ever you do, DO NOT take your gun into DC. They frown upon honest people procting themselves from the gangsters there.

[jpoolsmyd2]

Yeah, keep it out of DC. I remember once I was heading back from the range by my house to a friend's house in Arlington. I made a wrong turn and ended up going over the bridge into occupied DC. Wow was I sweating it as I made my way back across the river. I had three guns in the truck at the time!!

[allingeneral]

A hotel room is considered an extension of your home? I wondered about that - so it's considered curtilage? Hmm.. Can anyone cite a source indicating that this is true? I guess the same source would indicate that a car is treated in the same manner.

[OakRidgeStars]

I think it would be a bit of a stretch for a hotel / motel to be considered curtilage. The hotel is private property after all. I would be interested in seeing that quoted in law as well.

Bring on the lawyers

[VBshooter]

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308, this is what I found over at the State Police Site,

[allingeneral]

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308, this is what I found over at the State Police Site,

That's definitely an important link to be aware of for concealed handgun requirements...but I'm not sure that it delineates the legality of the question posed in the OP. I'm thinking that (IANAL) since there is nothing that makes it illegal for a non-resident to possess a firearm in a hotel and since open carry is legal throughout the state with a few exceptions, then as long as it is not concealed, and as long as the hotel property is not posted, then it's legal.

But again - I can't seem to find a specific source to cite that makes the above statement true.

18.2-308 essentially defines that no one is to carry a concealed weapon unless they meet the criteria outlined in this section. One of those criteria is the possession of a valid Concealed Handgun Permit.

And, as stated earlier - Non-residents can also get a Virginia concealed handgun permit pursuant to 18.2-308.P1

P1. Nonresidents of the Commonwealth 21 years of age or older may apply in writing to the Virginia Department of State Police for a five-year permit to carry a concealed handgun. Every applicant for a nonresident concealed handgun permit shall submit two photographs of a type and kind specified by the Department of State Police for inclusion on the permit and shall submit fingerprints on a card provided by the Department of State Police for the purpose of obtaining the applicant's state or national criminal history record. As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting by his local or state law-enforcement agency and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies. The application shall be made under oath before a notary or other person qualified to take oaths on a form provided by the Department of State Police, requiring only that information necessary to determine eligibility for the permit. If the permittee is later found by the Department of State Police to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department of State Police. The permit requirement and restriction provisions of subsections E and F shall apply, mutatis mutandis, to the provisions of this subsection.

The applicant shall demonstrate competence with a handgun by one of the following:

1. Completing a hunter education or hunter safety course approved by the Virginia Department of Game and Inland Fisheries or a similar agency of another state;

2. Completing any National Rifle Association firearms safety or training course;

3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state;

4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services;

6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;

7. Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;

8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or

9. Completing any other firearms training that the Virginia Department of State Police deems adequate.

A photocopy of a certificate of completion of any such course or class, an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant, or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.

The Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program. The Department of State Police shall enter the permittee's name and description in the Virginia Criminal Information Network so that the permit's existence and current status are known to law-enforcement personnel accessing the Network for investigative purposes.

The permit to carry a concealed handgun shall contain only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the permittee; the signature of the Superintendent of the Virginia Department of State Police or his designee; the date of issuance; and the expiration date. The person to whom the permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement officer.

The Superintendent of the State Police shall promulgate regulations, pursuant to the Administrative Process Act ( 2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.

[VBshooter]

This is the line from that source that I felt applies regarding curtilage,If a hotel room can be considered in that manner.B. "This section shall not apply to any person while in his own place of abode or the curtilage thereof".

[wylde007]

The OP did not mention anything about conceal carry.

As there are no laws restricting OC in Virginia, the OP is welcome to have a weapon in his hotel room. Insofar as that is concerned, I would keep the weapon secured when not carried. Reciprocity agreements only refer to statutory law. As there is no law against OC in Virginia, the U.S. Constitution (Article IV, Section 1), such that it is, allows that states shall recognize the rights and privileges of visitors from other states so long as they do not explicitly violate statutory or federal law.

Translation, if it is legal in Kommiefornia and not specifically addressed by Virginia law, it is legal here. (IANAL)

Trigger or mag-well locked and in a locked box. Personally it is a tough decision to leave a firearm in a hotel room. If you enter the District and don't want to ruffle feathers, lock it and put it in the trunk.

D.C. is one of the worst offenders against sovereign rights in the country... right up there next to Kommiefornia.

[allingeneral]

Wylde - I agree with your analysis - just wasn't sure enough about my knowledge of the subject to make the specific statements that you made. Thanks!

As for concealed carry - true, the OP didn't mention it, but having a valid VA CHP would definitely make any issue that might arise easier to deal with.

[snowdog650]

Wow ... thanks for all the responses, all ... great discussion.

I will not CC nor will I even think about bringing a gun into DC ... I have heard that the thought of it alone is a misdemeanor.

[skt239]

If you can get it on the plane and over here, you should be cool in the hotel.

[flashman]

Does the hotel have a safe in the room? Otherwise what will you do with the gun when you're out of the room? In Va you can't legally put a gun in your car's console when you're driving. A gun is supposed to be out in plain sight. I'd check on whether there's a safe in the room.