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Thread: Handguns in cars if no CCW?

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    Regular Member CRF250rider1000's Avatar
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    Ok well I was just thinking of this. If I go to a bank or church or something(not a school. i am aware that only if I have a CCW I can leave a gun in my car in the parking lot if I am visiting) and I am OCing, I will obviously have to leave my firearm in the truck. Where can I put it though? If my truck is just parked, can I put it in the glove box so people don't look in the window and just see a "free firearm." Just wanted to see what I should do with it when I need to leave it in the truck.

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    I've got one of these: http://www.center-of-mass.com/

    Works great and it's bolted to my vehicle. A determined thief could probably crack it open with the right tools, but I think it'll deter smash and grabs.

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    CRF250rider1000 wrote:
    Where can I put it though? If my truck is just parked, can I put it in the glove box so people don't look in the window and just see a "free firearm." Just wanted to see what I should do with it when I need to leave it in the truck.
    Short answer: Yes, you can put it in your glovebox without violating 18.2-308(A).

    Long Answer: See Pruitt v. Commonwealth, 650 S.E.2d 684 (Va. 2007).

    Defendant was driving with his weapon in the passenger seat when he was involved in a traffic accident. He placed his weapon in a "console compartment" between the front seats and immediately exited the vehicle. When the police arrived, he was outside the vehicle, and the doors were closed and windows rolled up.

    From the Court: "There simply is no evidence demonstrating that Pruitt remained in the vehicle for any appreciable length of time beyond that necessary to place his pistol in the console compartment....[T]he evidence established that Pruitt placed the pistol inside the console compartment as he was exiting his vehicle. Once he exited the vehicle and closed the door, the pistol was no longer accessible to him so as to afford 'prompt and immediate use.' Thus, we hold that at no time while the pistol was concealed inside the console compartment was it "about [Pruitt's] person" as required by the statute." Id. at 687 (omission added).

    ******************
    All of the standard don't-take-this-as-legal-advice disclaimers apply.

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    Question: if you had the glovebox locked at all times, would it be legal to keep the pistol there? According to the law, it says that:

    "Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which he weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of law, unless some particular fact or circumstance renders the weapon inaccessible."

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    Regular Member CRF250rider1000's Avatar
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    My quesion is more about if while PARKED, can I store it in the glove compartment. Not while I am moving of course, then I will lay it on the seat or have it in a holster that is visible.

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    Regular Member VAopencarry's Avatar
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    If you are not in your car then the weapon is not ' on or about your person'.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Polygon wrote:
    Question: if you had the glovebox locked at all times, would it be legal to keep the pistol there? According to the law, it says that:

    "Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which he weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of law, unless some particular fact or circumstance renders the weapon inaccessible."
    Do you have a link to that quote? I am also interested in this, I have a locking glove box and it would be very convenient to be able to keep it locked in there while driving.

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    asforme wrote:
    Polygon wrote:
    Question: if you had the glovebox locked at all times, would it be legal to keep the pistol there? According to the law, it says that:

    "Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which he weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of law, unless some particular fact or circumstance renders the weapon inaccessible."
    Do you have a link to that quote? I am also interested in this, I have a locking glove box and it would be very convenient to be able to keep it locked in there while driving.
    Found it!

    I had asked about this before as it makes that "locked container" bill that was vetoed seem redundant...

    If a locked glove box or pistol case is considered "not immediately accessable" then I don't see why I couldn't have a loaded pistol in a locked case next to me while driving.
    I just don't want to be the test case, so I just have the pistol openly down by the cupholders on the transmission hump (Dodge put a nice rubber square where the shifter would be if a manual transmission was in the truck...) so it holds loose odds and ends (and guns) just perfectly, without it sliding around.

    On the second page (the one with the logo on the right side) under "Transporting firearms"
    http://www.vsp.state.va.us/downloads...rms%20Laws.pdf

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    Regular Member ProShooter's Avatar
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    Consider this.....

    If the State Police brochure's statement is the norm, there would have been no need to try to push a law through saying that it was ok to transport in the glove compartment.

    FWIW, I would have made the arrest if I found a gun in a glove compartment, locked or not.
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    Instructor Bio - http://proactiveshooters.com/about-us/

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    ProShooter wrote:
    Consider this.....

    If the State Police brochure's statement is the norm, there would have been no need to try to push a law through saying that it was ok to transport in the glove compartment.

    FWIW, I would have made the arrest if I found a gun in a glove compartment, locked or not.
    I agree with that...another reason why the VSP website makes it clear they are only stating the law....not interpreting it for you



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