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gunownerandproudofit
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new member and just checking in

Post by gunownerandproudofit »

i have a question i would like to submit i was stopped the other day by a officer and as we talked he asked me if i had any weapons on me or in my car i said yes as i had one in a backpack in a zippered compartment he took my gun and wrote me up for carring a concealed weapon i stated the new law that started july 1 in VA. and he still charged me . when i went to court the judge looked up the law annd said he would have to look into this farther as it didn,t say anything about a zippered bag in it so they still charged me and fined me 85.00 dollars and said that he would take it under advisement and that if i didn,t get into anymore trouble during the next 12 months he would dismiss the charges and return my gun at the end of that time. I read on your site that a zippered bag in my own car was legal, is this true and if so how can he charge me and fine and keep my gun under this new law
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Re: new menber and just checking in

Post by ProShooter »

The gun needs to be in a secure compartment in the vehicle, not just a zippered bag.

Where was the bag?
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Re: new menber and just checking in

Post by smltooner »

:welcome: to the club.
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Yarddawg
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Re: new menber and just checking in

Post by Yarddawg »

:welcome:

Sorry to hear about your run in with the law, but I don't think that a zippered bag qualifies as a "secure compartment" in your vehicle.

Oops...I see that PS beat me to it.
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Re: new menber and just checking in

Post by Oldtimer »

:welcome: to the forum :wave:
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gunownerandproudofit
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Re: new menber and just checking in

Post by gunownerandproudofit »

thanks for thw welcome guys nice to be here i read about the zippered bag on this fourm and assumed it was correct but we all know what assumed means and what it makes out of you and me and thats what i get for assuming, it made a a// out of me
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Re: new menber and just checking in

Post by SgtBill »

Sorry for your trouble
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Re: new menber and just checking in

Post by Palladin »

:welcome: Ow. Don't get into anymore trouble.


Prime example of why more people that would like to carry, don't - because of the hassle involved of an oversight or technicality.

I don't know why you were stopped in the first place, but it would seem like the LEO could have made the judgment call on your intent and the situation, instead of trying to create a violation... just sayin.

Hang in there.
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Re: new menber and just checking in

Post by zephyp »

:welcome:
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gunderwood
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Re: new menber and just checking in

Post by gunderwood »

:welcome:

Sorry to hear about your trouble. Everything on here is just advice.
gunownerandproudofit wrote:i was stopped the other day by a officer and as we talked he asked me if i had any weapons on me or in my car i said yes as i had one in a backpack in a zippered compartment he took my gun and wrote me up for carring a concealed weapon i stated the new law that started july 1 in VA. and he still charged me .
Why did he ask you? You are under no obligation to answer that question, particularly if it isn't relevant to his stop.
Palladin wrote:Prime example of why more people that would like to carry, don't - because of the hassle involved of an oversight or technicality.
+1
sudo modprobe commonsense
FATAL: Module commonsense not found.
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meak99
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Re: new menber and just checking in

Post by meak99 »

Bummer. Hope it turns out in your favor, and you don't have to wait a year to get your gun back.

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Re: new menber and just checking in

Post by allingeneral »

Welcome aboard. Sorry to hear of your troubles. Do you have any idea where on this site you saw reference to a zippered bag as a container? I would like to read the context...

VA Code 18.308-B.10 states:
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.

I would personally consider that the backpack was a container, just as a range bag would be considered a container. I'd speak with a lawyer if I were you - and show him or her the code section identified above.

If I'm wrong here, someone please tell me so.

On the flip side - get your CHP and you won't have to worry about it.
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gunderwood
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Re: new menber and just checking in

Post by gunderwood »

allingeneral wrote:On the flip side - get your CHP and you won't have to worry about it.
IANAL, but he probably has to wait now until the charges are dropped.
sudo modprobe commonsense
FATAL: Module commonsense not found.
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allingeneral
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Re: new menber and just checking in

Post by allingeneral »

gunderwood wrote:
allingeneral wrote:On the flip side - get your CHP and you won't have to worry about it.
IANAL, but he probably has to wait now until the charges are dropped.
Agree.
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