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Carrying in a small car = pain and suffering
- Thread starter rickyray9
- Start date
Citizen
Founder's Club Member
Depends on whether you have a CHP (concealed handgun permit).
There is no restriction on folks who did not submit to government licensing openly carrying a firearm in a vehicle, as far as I know. For example, laying it on the dashboard, or laying it on the passenger seat. Some folks who did not want to submit to government licensing of a natural right wanted to carry their gun discreetly, say in the center console or the glove box. That ran afoul of self-serving government restrictions on concealment, so the statute was amended to not criminalize "concealing" a handgun in the glove box or center console.
Check out VA Code 18.2-308. The devil is in the details, so pay very close attention to the details.
Assistance, clarification, and correction from other posters is welcome.
I thought I remembered specifically addressing this with USER. I seem to recall him mentioning possible jail time and confiscation of firearm if an unlicensed citizen were to be caught with a pistol not in a worn open carry holster or with the firearm not in a container such as a glovebox or center console. I will try to find the post but it's a long shot that I actually find it before someone reads this thread.
Citizen
Founder's Club Member
Well, yes, that makes sense.
Lets dissect this a little bit. First, the brief case is in the trunk. If the gun is in the brief case, it is totally out of reach of the driver (me). I can in no legitimate way be construed to be armed when I am in the driver's seat, and the gun is secured in the brief case in the locked trunk.
Just checking to identify the possible misunderstanding. Are you thinking you must display the gun in a holster on your person to avoid being accused of concealment? As opposed to say, laying it on the dashboard, or the passenger seat?
Va Code 18.2-308 C 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.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
http://forum.opencarry.org/forums/s...ndgun-Permit)-STICKY&highlight=virginia+carry
Here's another relevant thread to the "secured container" law.
http://forum.opencarry.org/forums/showthread.php?120659-So-much-for-the-secured-container-law/page4
____________________________________________
This is how I've come to the conclusion that the only legal ways to carry in a vehicle in Virginia is to either A) Open Carry as one would normally outside of the vehicle or B) secure the handgun "in a container or compartment in the vehicle or vessel."
This is what confused me:
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.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
http://forum.opencarry.org/forums/s...ndgun-Permit)-STICKY&highlight=virginia+carry
Here's another relevant thread to the "secured container" law.
http://forum.opencarry.org/forums/showthread.php?120659-So-much-for-the-secured-container-law/page4
____________________________________________
This is how I've come to the conclusion that the only legal ways to carry in a vehicle in Virginia is to either A) Open Carry as one would normally outside of the vehicle or B) secure the handgun "in a container or compartment in the vehicle or vessel."
This is what confused me:
Citizen said:
Citizen
Founder's Club Member
OK. I'm still a little uncertain as to the confusion. I am thinking visible=not concealed=not illegal for folks who don't hold a CHP. As in, a car holster jammed between the seat and console is visible.
Can you tell me exactly what you were thinking? This is really important, especially for new lurkers who might not be posting. We should get to the bottom of this, and clear it up.
Can you tell me exactly what you were thinking? This is really important, especially for new lurkers who might not be posting. We should get to the bottom of this, and clear it up.
Can you cite to the law stating that as long as the handgun is "plainly visible" it is being lawfully transported? I am under the understanding that if the weapon is not on your person you are not carrying it, and in the case of having it in the car, you are then transporting it (not carrying it) if it is not on your person.
Perhaps I am mistaken. I am still searching for the actual post from USER that I am thinking of.
FBrinson
Regular Member
To the OP:
This may or may not help you, but it is what I do when I am going to be in my wife's SUV (which has small bucket type seats) and I know I am going to be in there for an extended period of time. I carry a S&W Model 12. It is small enough that I barely notice it. It doesn't get hung up in the seatbelt or bang into the car door or anything else. That may not be your preferred method or you may not have or want a small revolver, but carrying like this helps me since I have a few too many pork chops around my waist and this is much more comfortable on longer trips than banging my 1911 all over her car.
This may or may not help you, but it is what I do when I am going to be in my wife's SUV (which has small bucket type seats) and I know I am going to be in there for an extended period of time. I carry a S&W Model 12. It is small enough that I barely notice it. It doesn't get hung up in the seatbelt or bang into the car door or anything else. That may not be your preferred method or you may not have or want a small revolver, but carrying like this helps me since I have a few too many pork chops around my waist and this is much more comfortable on longer trips than banging my 1911 all over her car.
Citizen
Founder's Club Member
First, let me say, User is an established criminal defense attorney with over twenty years experience. Anything he says about the law carries a lot of weight.
OK. If I understand you, the issue is "lawfully transported". I am unaware of any VA statutes specifically forbidding transporting a gun concealed. This is not to say one wasn't enacted when I wasn't looking in the last two years. That is to say, my understanding is that 18.2-308 prohibits carrying concealed without respect to where--pocket, car, briefcase, head-dress.
I am unaware of any VA statute that says "as long as it is plainly visible it is being lawfully transported" or words to that effect. Generally, criminal statutes prohibit activities, rather than specify what is approved. That is to say, as long as one does not do what is prohibited, he is legal. An example often used on this forum in the old days was to ask, "what law makes it legal for you to wear that red shirt?"
Thus, as long as my gun is not concealed, I am not in violation of the statute, generally speaking. If its in plain view, its not concealed. If its in the trunk and I'm in the driver's seat, its not being "carried" in the sense contemplated by the statute--accessible for immediate use.
I could see not scratching the leather, but not making an indentation?
I'd be reconsidering the balance of power in the relationship.
stay safe.
Wstar425
Regular Member
O
Bought a used snowmobile. PO had laid something on the seat with two protrusions on the bottom, in the spring and left it there all summer. Now there are two PERMANENT dimples perfectly centered in the seat. Of course, that is vinyl and an Arctic Cat but still, kinda the same? Wife couldn't care less......
I take my Mom to Indiana from Wisconsin every August and drive her Forester. It's kinda tight with a strong side 226 under the seatbelt. Not sure how quickly I could access it if need be but no other real great options. Just recently able to carry through Illanoying as long as you stay in your vehicle, which I thought was somewhat of an improvement? I suppose if I was carjacked and forced out of my car, I could access my firearm shortly after unbuckling. But then, who's gonna jack a Forester?
All good questions, or maybe not.
Wife has a 2013 Maxima with leather and not once has she questioned whether my firearm might scratch the leather. Thanks! One more thing to worry about now......
Bought a used snowmobile. PO had laid something on the seat with two protrusions on the bottom, in the spring and left it there all summer. Now there are two PERMANENT dimples perfectly centered in the seat. Of course, that is vinyl and an Arctic Cat but still, kinda the same? Wife couldn't care less......
I take my Mom to Indiana from Wisconsin every August and drive her Forester. It's kinda tight with a strong side 226 under the seatbelt. Not sure how quickly I could access it if need be but no other real great options. Just recently able to carry through Illanoying as long as you stay in your vehicle, which I thought was somewhat of an improvement? I suppose if I was carjacked and forced out of my car, I could access my firearm shortly after unbuckling. But then, who's gonna jack a Forester?
All good questions, or maybe not.
Wife has a 2013 Maxima with leather and not once has she questioned whether my firearm might scratch the leather. Thanks! One more thing to worry about now......
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Why does it "have to" go under the seat belt? Is there no room to put the seat belt under the holster?
It's a box. Think outside of it.
stay safe.
WalkingWolf
Regular Member
I am usually trying to get inside the box...:banana:
Fallschirjmäger
Active member
Where do you suppose most tears in fabric or leather start? Maybe... from something pressing (or indenting) the material until it fails?
My inquiry is more pertaining to legality of openly transporting, not carrying, and not transporting concealed.
We are in agreeance. See above comment.
Maybe others could chime in here and tell me I'm an idiot and I've been misunderstanding the rules of carry/transport in a vehicle all this time.
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Arin Morris
Regular Member
I carry using a Safariland SLS with a Quick Locking System. I've considered mounting a receiver plate somewhere in the car as it would be difficult to draw from a seated position while belted into the seat.
Indentation looks like a defect in the upholstery and sticks around for hours (depending on the temp). Hey, it's her car, she bought it and she can make the rules. My F150, my rules.
Felid`Maximus
Activist Member
High ride or shoulder holster might be good options. I've found that my Galco High-Ride holster for my S&W 620 revolver (4" .357) is perfect in every seat I've tried, but unfortunately I got the same exact holster for my 92FS and it doesn't give me quite as much clearance as I would like. (The holster works great for my 96 Compact but for Prius bucket_seats probably wouldn't work with the full size 92FS.)
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