ed
Founder's Club Member - Moderator
AG Opinion on Loaded in Car with no CHP and also Secure Container
http://edsfiles.us/letters/securecontainer.pdf
http://edsfiles.us/letters/securecontainer.pdf
You also ask whether a center console, glove compartment or any other "container or compartment'' must be locked to constitute a "secured container or compartment." The legislative history of the 2010 amendment shows that the container or compartment storing the handgun need not be locked for the exception to apply. When § 18.2-308 was amended to include § 18.2-308(B)(10), "locked in a container or compartment'' was considered as possible statutory language; 13 however, "secured in a container or compartment" was the wording that was ultimately adopted. 14 By choosing "secured" instead of "locked," the General Assembly evinced its intention that a handgun may be carried in a vehicle without requiring the container or compartment storing it to be locked.15
Also, where a statute specifies certain things, the intention to exclude that which is not specified may be inferred/ and " [courts] may not add to a statute language which the legislature has chosen not to include."8
Mr. Newman asked for the opinion because a constituent was having trouble getting a clear answer on the applicability of the law, he said.
“This individual had gone to numerous law enforcement agencies and had asked the same question and had gotten different answers from each one,” he said. “On something like a gun charge, you just can’t have that. It’s important to have law laid out very clearly.”
Well Ed...I can almost always find something in your posts to pick on,:lol: but I just can't find a thing in this one!
Well done and
A BIG +1
I can see why one might not care, but why would you be opposed to a parking lot bill?That's always seemed like the most reasonable interpretation to me. I guess I'm still one of the few who doesn't want a "parking lot" bill though.
That's always seemed like the most reasonable interpretation to me. I guess I'm still one of the few who doesn't want a "parking lot" bill though.
Let me help you.
Some of us refuse to belong to FacePage or MyBook or any of the like. You want to post something, post it where everybody, including the Luddites, can access it.
Yes, it was easy for me to go find the opinion on the AG's site. Yes, I did read it there. And no, I really don't care how much exchange of comments I am missing by not connecting to FacePage/MyBook.
stay safe.
I guess the Cops will be asking what a container is next.
Negative Citizen...a container has to be clearly marked as one...like a Tupperware Container:banghead:
I guess nobody bothered to forward your link to the AG's office!From my website www.VirginiaLegalDefense.com - scroll down below the mailbox or click on the following:
Meaning of the word, "secured" as used in the concealed weapon statute
I've had a hard time trying to understand the need for this change. Can you give some examples of how this law makes a difference compared to before it goes into effect?This is good stuff....
I'm very glad that my CHP exemption for the training class idea got pushed through! I'm hoping that they rename it the Reynolds exemption!
Ah... I can see that.If they can get it into their car without being caught, and then from the car to the class without being caught, they are good to go. Same in reverse after the class. But carrying it in any sort of container when it is not in the car* would be carrying concealed without a permit. Thus the need for the Reynolds Exemption.
(There, Jim, the first reference to it by name!)
stay safe.
* Many folks who are bringing their handgun to a CHP class carry it in the manufacturer's hardside case it came in when they picked it up. They break the law carrying it outside to take it home from wherever they bought it, and then from the car into the house.