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Re: When Transporting Your Firearm

Posted: Mon, 15 Feb 2010 16:08:00
by guitarpicva
alby wrote:
Nate1224hoops wrote: I'm confused. If your weapon were in the trunk would that not be concealed? So you are saying that having it lying in the seat beside you would be breaking the law, but in the trunk is fine?

Let me check the law.
I understand the context of the question, but please don't leave a handgun laying in your seat while driving. Imagine it as a missile if you were involved in an accident!

I think "unloaded and cased" is the letter of the law for what you are asking. Meaning it is contained in some way and not physically available to grab. A trunk is appropriate. Before I got my CHP, I unloaded my revolver, put the rounds in my pocket and left the HOLSTERED revolver in my brief case in the back-most part of my SUV. Err on the side of caution with this in case you ever have to stop for an LEO.

There is current legislation in process right now that will allow you to carry a loaded gun in a car as long as it is in some sort of container, BUT THAT HAS NOT YET PASSED.

Re: When Transporting Your Firearm

Posted: Mon, 15 Feb 2010 18:04:16
by zephyp
guitarpicva wrote:
alby wrote:
Nate1224hoops wrote: I'm confused. If your weapon were in the trunk would that not be concealed? So you are saying that having it lying in the seat beside you would be breaking the law, but in the trunk is fine?

Let me check the law.
I understand the context of the question, but please don't leave a handgun laying in your seat while driving. Imagine it as a missile if you were involved in an accident!

I think "unloaded and cased" is the letter of the law for what you are asking. Meaning it is contained in some way and not physically available to grab. A trunk is appropriate. Before I got my CHP, I unloaded my revolver, put the rounds in my pocket and left the HOLSTERED revolver in my brief case in the back-most part of my SUV. Err on the side of caution with this in case you ever have to stop for an LEO.

There is current legislation in process right now that will allow you to carry a loaded gun in a car as long as it is in some sort of container, BUT THAT HAS NOT YET PASSED.
The subtle difference here under the current law is if its loaded and within reach then its considered "carried." If its hidden then its concealed. To be considered transported which you can do without a CHP the gun must be unloaded, separated from the ammo, and preferable locked in the trunk if you have one. It does not have to be cased or placed in a locked container.

Re: When Transporting Your Firearm

Posted: Mon, 15 Feb 2010 19:09:18
by allingeneral
zephyp wrote:It does not have to be cased or placed in a locked container.
Rule of law says that a locked trunk is considered a "Closed container" and therefore qualifies the same as a case. The following statute is specific to carrying of a firearm onto school property, not globally to all carrying of firearms, but could possibly be applied as such.

IANAL

18.2-308.1

For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.

Re: When Transporting Your Firearm

Posted: Mon, 15 Feb 2010 19:16:44
by zephyp
allingeneral wrote:
zephyp wrote:It does not have to be cased or placed in a locked container.
Rule of law says that a locked trunk is considered a "Closed container" and therefore qualifies the same as a case. The following statute is specific to carrying of a firearm onto school property, not globally to all carrying of firearms, but could possibly be applied as such.

IANAL

18.2-308.1

For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.
Right. Thanks for clarifying Rick. Some states require it to be in a locked container or cased even if locked in the in the trunk. VA does not.