Virginia Gun Owners Forum - VGOF

I recently purchased my first gun, a .22 rifle, that I would like to take to the range. My question is, do I need to have the rifle in a case when transporting it to/from the range?

No, it just needs to be unloaded while being transported.

While not required by law, it is a good idea to keep the gun from getting scratched during transport. You don't need much either, the cheap $10-15 soft cases are plenty as long as you pack your stuff reasonably.

Thanks, I was thinking it would be for the best. I didn't want to be walking through a parking lot in Norfolk with a rifle in my hand.

mwz26 wrote:Thanks, I was thinking it would be for the best. I didn't want to be walking through a parking lot in Norfolk with a rifle in my hand.

Yes, another good reason to have one (really depends on where you are shooting at).

Be aware that special provisions may need to be taken if you travel out of state. Federal law protects you against the rabid anti-gun states when traveling, but you have to follow a specific set of rules or else the federal protection doesn't apply.

http://www.nraila.org/gunlaws/federal/read.aspx?id=59

gunderwood wrote:While not required by law, it is a good idea to keep the gun from getting scratched during transport. You don't need much either, the cheap $10-15 soft cases are plenty as long as you pack your stuff reasonably.

Is there case law on how COV §18.2-308(B)(3) through (5) apply to transport of a long arm? Is the trunk far enough away to not be "about the person", and so forth.

Be advised that different states have different laws so if you're looking to duck across to WV or PA you need to check their law for legal transport. Some states merely require cased and others locked, etc...

Diomed wrote:

gunderwood wrote:While not required by law, it is a good idea to keep the gun from getting scratched during transport. You don't need much either, the cheap $10-15 soft cases are plenty as long as you pack your stuff reasonably.

Is there case law on how COV §18.2-308(B)(3) through (5) apply to transport of a long arm? Is the trunk far enough away to not be "about the person", and so forth.

That is a good question concerning case law. I don't know the answer. Perhaps I'll do some research in the next couple of weeks if I have time.

I generally do the following. I drive a typical 4dr sedan.

1. I put everything in the trunk unless it won't fit. If I have to put something in the main cabin, I only put firearm cases and I keep those locked. I keep all ammo in the trunk.

2. I disable all ways to access the trunk except with the key. Most cars have a interior release. I lock that out. If it is electronic (e.g. key fob), remove the fuse for that function, nothing else should be effected as those are usually on their own circuit.

3. If I will be driving through anti-gun states like MD, I also put locks on everything I can in the trunk. Firearm cases...locked. Ammo bags...locked. Chronograph case...locked. Etc. I even lock up soft cases. This isn't for security (a pair of scissors could cut through that bag), but rather to secure my rights.

#1 is always a good rule no matter what you are doing. Even though I have a CHP, the only firearm I keep in the cabin is the one I'm legally carrying. Faithfully doing #1 will keep you from having your car searched just because the stuff is there.

#2 invokes your right to refuse an unreasonable search. Anything within reach in the main cabin can be searched for the officers safety (I'm generalizing this whole post, not trying to make technical arguments as I want to provide some useful guidance to new firearm owners). If you don't have anything in the cabin (#1) and you can't get to the trunk without a key, you now have a locked container.

Searching a locked container can not be searched unless:
A. They ask and you let them.
B. They have PC and are arresting you (this has all kinds of technicalities to consider)
C. They have a warrant.

You should never allow A to happen IMO. You have rights, don't give them up. The officer can't arrest you because you refuse to allow them to unreasonable search your trunk. Yes, if everything in the trunk is legal, you should be fine (never know these days though), but having a trunk with firearms searched will cause you a lot of hassle. Not to mention the high likelihood your property may be damaged as they toss things around looking for contraband.

B is a much bigger discussion and if it is locked often requires C, but there are all kinds of loopholes.

The key here is that with a locked container (your trunk) they can't search it during a normal traffic stop. The same applies to the locked rifle case in the main cabin. It doesn't need to be a security container or a high grade lock either, it simply must be locked. A canvas bag with a $2 lock is just as locked legally as a $10,000 security safe. Obviously not from theft, but at least as far as unreasonable searches are concerned.

#3 is because of the technical loopholes LEO have to perform IMHO unreasonable searches. The more locks they have to get through to search the more likely your lawyer will be able to keep you out of jail (especially if you unknowingly broke a technicality). If they have to illegally break into my trunk, then into a bunch of locked containers, things are looking good to get any "evidence" they find thrown out.

All of that is useful because the laws are so complex people break them all the time without knowing it. That is why I do what I do and why I recommend you do something similar. I'm not recommending you break the law on purpose, but I want to keep you out of jail if you accidentally break some technicality. I.e. you can't transport an "assault rifle" on the third Sunday of odd months unless it has pink mags and the ammo is stored no less than 3ft from the locked rifle case and in separate vehicle compartments (obviously a made up example, but not far off at times...). LEO are agents of the state and the state is out for bodies.

If it requires a key or code to gain access, you are golden. The more of them the better. Even a pickup truck with a soft cover becomes a locked container with the addition of a $2 lock from Walmart.

Know your rights and use them.

Even though its not required in Virginia, I always keep all guns in some sort of case or under my coat until I am on the firing range.
Many people who would not otherwise be anti-gun become nervous when they see them out and about. For that same reason I never tell people I am carrying. It just draws attention you dont really want.

OakRidgeStars wrote:No, it just needs to be unloaded while being transported.

I think that depends on what county you are in. Around here there is a rifle in about every truck and I'd guess that 98% are loaded. 100% sure mine is.

Well I think your question was well answered I just wanted to say....

Thanks for all of the info and the . I ended up getting a soft case and took my rifle to Camp Allen. Had a good time putting the first 150 rounds through my first gun.