Virginia Gun Owners Forum - VGOF

Seeing as Virginia is an open carry state, can a individual who can legally possess a firearm have a loaded pistol unconcealed in their vehicle?

Yes

0. 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 in a container or compartment in the vehicle or vessel.

You can "Open Carry" in your vehicle. Additionally, a new law that went into effect on July 1st made it legal for someone without a Concealed Handgun Permit to store their openly carried firearm in a center console o glove compartment so that it's not a missile hazard just sitting on the passenger seat.

Virginia Code 18.2-308(B)10 wrote: 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.

Hah! Good one Jake

Thanks for the info. A question came up at work and it was said that you have to carry your ammo in a separate area from the weapon. My answer was if Virginia is an open carry state then what is the difference of having a loaded weapon on your hip or on your front seat. Another guy said that I can't travel with my hand gun out of state and that my CHP is only good in Virginia. I mentioned to him that he needs to find out what the law says and get back to me. I know that there is at least 20 states that don't honor my CHP but it is my responsibility to make sure that I am aware of each states gun laws when traveling through it.

sparkman2 wrote:Thanks for the info. A question came up at work and it was said that you have to carry your ammo in a separate area from the weapon. My answer was if Virginia is an open carry state then what is the difference of having a loaded weapon on your hip or on your front seat. Another guy said that I can't travel with my hand gun out of state and that my CHP is only good in Virginia. I mentioned to him that he needs to find out what the law says and get back to me. I know that there is at least 20 states that don't honor my CHP but it is my responsibility to make sure that I am aware of each states gun laws when traveling through it.

Your correct. It always amazing to me how many people can claim to know the laws but really barely know any of them .

So to review to be clear:

• You may Open Carry a loaded handgun on your hip or the front seat even without a CHP.
• You may also keep a loaded handgun in a "secure: compartment in your car even without a CHP.
• You can travel out of state with a handgun depending on the state and many states honor VA CHPs but you should
  still look up the states laws before you go to find out if you have a duty to notify a LEO if your pulled over as well as over important thing.

Jakeiscrazy wrote: [*]You may Open Carry a loaded handgun on your hip or the front seat even without a CHP.[/*]

I would like to clarify this point. If you are OC'ing on your right hip and sitting in the driver's seat of your vehicle, you could very well be concealing your weapon. The statute pointed out above indicates that a non-CHP holder may store a loaded firearm in a "sealed container or compartment". Your hip is not a container, nor is it a compartment, therefore, if you don't have a CHP and you're carrying on your hip, it had better be in plain view from the vantage-point of anyone who approaches the side windows of the vehicle, otherwise you risk being taken in for concealing without a permit.

allingeneral wrote:

Jakeiscrazy wrote: [*]You may Open Carry a loaded handgun on your hip or the front seat even without a CHP.[/*]

I would like to clarify this point. If you are OC'ing on your right hip and sitting in the driver's seat of your vehicle, you could very well be concealing your weapon. The statute pointed out above indicates that a non-CHP holder may store a loaded firearm in a "sealed container or compartment". Your hip is not a container, nor is it a compartment, therefore, if you don't have a CHP and you're carrying on your hip, it had better be in plain view from the vantage-point of anyone who approaches the side windows of the vehicle, otherwise you risk being taken in for concealing without a permit.

I will agree with you on that. I wouldn't have my gun on my hip while driving anyway...seat belt and all. I have a center console that I keep it from flying around the inside of the truck. I live in Hampton Roads and we really have some awful drivers here. I do have a CHP and this was a discussion we had at work. I never try to push the envelope so to speak, just a hard working law abiding citizen trying to live my life. If the made the laws easier to understand then compliance would be a lot easier for the individuals. Just a thought.

sparkman2 wrote: If the made the laws easier to understand then compliance would be a lot easier for the individuals. Just a thought.

Amen to that. We have it better than some. PA forbids carrying any "dangerous weapon" without a CCW. What is a dangerous weapons is left up to the officer and the courts to decide.

allingeneral wrote:

Jakeiscrazy wrote: [*]You may Open Carry a loaded handgun on your hip or the front seat even without a CHP.[/*]

I would like to clarify this point. If you are OC'ing on your right hip and sitting in the driver's seat of your vehicle, you could very well be concealing your weapon. The statute pointed out above indicates that a non-CHP holder may store a loaded firearm in a "sealed container or compartment". Your hip is not a container, nor is it a compartment, therefore, if you don't have a CHP and you're carrying on your hip, it had better be in plain view from the vantage-point of anyone who approaches the side windows of the vehicle, otherwise you risk being taken in for concealing without a permit.

I have to disagree here. It matters not what anyone can see from their vantage point. What matters is the manner in which you are carrying.

I'm not piling on AIG, just musing about the court proceedings.

Officer: "He had an illegal concealed pistol, without a permit."
Judge: "How did you know this?"
Officer: "I could see it!"

Then again, some judges would openly accept that.

[ Post made via Mobile Device ]

rromeo wrote:I'm not piling on AIG, just musing about the court proceedings.

Officer: "He had an illegal concealed pistol, without a permit."
Judge: "How did you know this?"
Officer: "I could see it!"

Then again, some judges would openly accept that.

[ Post made via Mobile Device ]

IIRC something just like that happened in California but the charges were dropped.

ProShooter wrote:

allingeneral wrote:

Jakeiscrazy wrote: [*]You may Open Carry a loaded handgun on your hip or the front seat even without a CHP.[/*]

I would like to clarify this point. If you are OC'ing on your right hip and sitting in the driver's seat of your vehicle, you could very well be concealing your weapon. The statute pointed out above indicates that a non-CHP holder may store a loaded firearm in a "sealed container or compartment". Your hip is not a container, nor is it a compartment, therefore, if you don't have a CHP and you're carrying on your hip, it had better be in plain view from the vantage-point of anyone who approaches the side windows of the vehicle, otherwise you risk being taken in for concealing without a permit.

I have to disagree here. It matters not what anyone can see from their vantage point. What matters is the manner in which you are carrying.

Right...I carry my pistol strapped to the top of my head...just to be sure...

zephyp wrote:Right...I carry my pistol strapped to the top of my head...just to be sure...

Pictures please