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Got my CHP and some questions?

Dixie Bushwacker

New member
Joined
Apr 5, 2007
Messages
6
Location
Richmond [><], Virginia, USA
imported post

finally got my CHPfriday after months of trying to get to the courthouse before 4pm nearly impossible. and when i did get it the first time they messed up my address so i had to wait 2 more wks and then when i went to get it the second time they lost it.. thank god they just wrote me a new one on the spot. anyways ill be IWB and OWB carrying depending on wear im goin to but my questions are.

even though i have the legal right to open carry in a car and i have my chp to conceal it on my body in car. isnt it still illegal to put it under the seat or hidden in the car even if i have my chp?

i drive a lifted truck and im wondering if i get pulled over and the cop says something about my gun which is the best way for him to take my gun off me seein how im sure they will try to even though there is no need? and my gun is not registered and i want to keep it that way , is it legal for them to take my gun say in a rutine traffic stop and run my numbers and register it. or can i refuse ?

matt

short pump va.. thirdreicho county
 

longwatch

Founder's Club Member - Moderator
Joined
May 14, 2006
Messages
4,327
Location
Virginia, USA
imported post

I think you can conceal most anywhere in your vehicle with no legal problems except that a passenger without a CHP may be in jeopardy if say the weapon was under their seat.

As for your other question officer safety is hard to trump. If they demand your weapon your are going to have to make a decision. Might be best to say "Officer I do not consent to any searches, but I won't resist."
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

No offense, but its a little tough reading without punctuation and capitalization.

The gun adds an entire new dimension to a traffic stop. The permit is flagged to your driver's license.

The law about concealed weapons is 18.2-308. Look it over. I don't see any restrictions about not under car seats even with a permit. Basically the law criminalizes concealed weapons in the first section, then sets out exemptions. One exemption is a Concealed Handgun Permit.

The best way for him to take it off, is for you to first wait and see if he demands it. He may not care much. Some don't seem to. If he wants it,follow his directions. "Lay it on the seat." Or, "Step out of the car." Some forum members have had retention holsters that had thepolice yanking on the gun. If you have a retention holster beyond a simple thumb-break, it might not be a badidea to alert the officer, or offer torelease the retention.

It is my understanding that, if you are being detained, the police mayconduct a limited pat down search of your outer garments andrelieve you of your firearm if they have reason to believe you are armed and dangerous. It is my understanding that they may also search your car/truck looking for weapons if you are being legitimately detained and they believe there is danger to their safety. A traffic stop implies you are being detained for a traffic violation.

I have no information onillegality ofrunning the serial number during a legitimate detention. I imagine it is entirely legal.

The gun adds an entirely new dimension to thetraffic stop. If you want to prevent unnecessary harassment,drive squeeky clean.
 

Hawkflyer

Founder's Club Member
Joined
Feb 21, 2007
Messages
3,309
Location
Prince William County, Virginia, USA
imported post

Locate and buy a small lock box for your car. You can put the gun in such a box without issue. But the CHP is in fact a permit to conceal just as Citizen has outlined. The law does not state places where you cannot conceal in your surroundings.

The law does use terminology to the effect "about the person", which does imply that the permit would only be valid for concealment directly on the body somewhere, but in practical application that is not typically how the law is enforced, and I do not believe it would be adjudicated that way either.

I am not a lawyer, your milage may vary.

Regards
 

AbNo

Regular Member
Joined
Jun 8, 2007
Messages
3,805
Location
Shenandoah Valley, Virginia
imported post

dichamw wrote:
http://www.desantisholster.com/n92.html

This is my holster system in my car now.

Oh, sweet! I have a few nylong straps and buckles like that. I'll have to set up my holster after I get my CCW....

Now, back to the OP....

It's all going to depend on who stops you.

I was riding back from the range with my buddy Shayne, and we got pulled over by a VA State Trooper.

It was pretty much a non-issue, though.

I'll just link the OP.
http://opencarry.mywowbb.com/view_topic.php?id=3212&forum_id=54
 
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