Virginia Gun Owners Forum - VGOF

Congrats on the reversal! Makes it easier for the rest of us now!

NICE!

Thanks for sharing the link to your case! Very helpful indeed. Now we have some excellent legal authority for the conclusion that "secured" does not mean "locked".

It really bugs me that one cop, who happens to not know the law, can affect your life that much.

tommy610 wrote:It really bugs me that one cop, who happens to not know the law, can affect your life that much.

Absolutely, maybe I should start thinking about legal remedies.

@PetyDoug, What is the name of the judge who convicted you?

Chasbo00 wrote:@PetyDoug, What is the name of the judge who convicted you?

I honestly don't remember who it was, both circuit and GDC. I think GDC was a lady.

The link is not working for me...

mtbinva wrote:The link is not working for me...

http://www.courts.state.va.us/opinions/ ... 458122.pdf

I will print this and put it in the glove comp. Thanks!

PeteyDoug wrote:

mtbinva wrote:The link is not working for me...

http://www.courts.state.va.us/opinions/ ... 458122.pdf

Thanks!!

Just a question but I'm 18 and after I go through a couple classes I'm going to OC. Is putting the gun in a center console vault while I'm driving ok? It's locked unless you have a key

HarrisonGust wrote:Just a question but I'm 18 and after I go through a couple classes I'm going to OC. Is putting the gun in a center console vault while I'm driving ok? It's locked unless you have a key

Yes, that is OK. A Concealed Handgun Permit is not required while your firearm is in the glove compartment or center console in your vehicle. The compartment is not required to be locked.

So as long as its in the console or glovebox it's ok? And the console doesn't even need to be lockable?

HarrisonGust wrote:So as long as its in the console or glovebox it's ok? And the console doesn't even need to be lockable?

That's correct. here's the applicable law:

Virginia Code 18.2-308(B)(10)

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

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;

So to use something like this you have to have a CHP?

HarrisonGust wrote:

So to use something like this you have to have a CHP?

I think that would definitely be stretching the definition of "container or compartment" - however, if it's easy to see from a cop's vantage point, then it's still being carried openly and wouldn't be a problem.

I like that,need to get one

allingeneral wrote:

HarrisonGust wrote:

So to use something like this you have to have a CHP?

I think that would definitely be stretching the definition of "container or compartment" - however, if it's easy to see from a cop's vantage point, then it's still being carried openly and wouldn't be a problem.

>>>>>>>>>>>>>>>>>>>>>>>>

I think there ain't no way that's a "container or compartment". As to whether it is easy to see from a cop's vantage point, that (if it ever matters) is going to be a matter of what the cop testifies to in court.
(1) If it's dark, he can't see much anyway,
(2) It is just as easy to maintain that it is "under the steering wheel/column" and hidden from immediate view as it is to say it is out in the open,
(3) The driver's knees, arms, and belly may be alleged to have obscured the visibility of the weapon,
(4) Some drivers tend to lean forward into the wheel, which would also tend to cover the weapon, and
(5) Never overlook the sad fact that some LEOs don't like for civilians to carry and some of them may be willing to stretch the facts. Add to this that some judges may also not be supporters of open or concealed carrying by the general public. That could mean your chances of winning a swearing match with a LEO would be slim to none.

Bottom line: IMO using that under-steering column holster without a CHP carries some risk that the wrong cop and/or the wrong judge will cause you trouble, and I personally don't think I would risk it. But that's just my opinion, and OALA.

Wouldent that just be considerd open carry? Its loaded and visable.