Page 1 of 2 12 LastLast
Results 1 to 25 of 31

Thread: long gun oc in truck

  1. #1
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    11

    Post imported post

    question for the experts

    i spent alot of time in the woods and recently have been having problems with coyotes around our leases, i know i can oc my hand gun and do but whats the law pertaining to long guns? for instance a generic 12ga or 308? can i have it loaded in my truck while on state roads as long as its not concealed?

    thanks

  2. #2
    Regular Member
    Join Date
    Feb 2007
    Location
    Alexandria., , USA
    Posts
    41

    Post imported post

    Good question -- I'd like to know too. As I recall some folks were OC'ing AR15's in their cars when we had a black-out a couple of years ago in NOVA. I'd like to keep some printed info in my car should that occassion take place again.

  3. #3
    Regular Member
    Join Date
    Dec 2008
    Location
    Myrtle Beach, SC
    Posts
    970

    Post imported post

    I'm pretty sure that's fine (hopefully someone will correct me if I'm wrong). You could OC your shotgun if you want, but that's probably going to result in a run-in with the police.

  4. #4
    Regular Member
    Join Date
    Oct 2007
    Location
    $
    Posts
    187

    Post imported post

    OC of a long gun is generally legal, but you need to check your local ordinances about carrying in a vehicle.

    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.
    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.
    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.


  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,627

    Post imported post

    My google-fu is tired and all ready went to bed so I did not locate the cite. Somebody?

    There is a limitation on magazine capacity of I believe 20 rds. unless you have a concealed handgun permit in certain named cities - the larger ones.

    If in doubt load up smaller mags or just have your CHP handy.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    11

    Post imported post

    more than likely it will be a 5 round pump shot gun, which after further investigation is legal in king and queen county but not legal in the city of chesapeake , what happened to premption?



  7. #7
    Regular Member virginiatuck's Avatar
    Join Date
    Feb 2009
    Location
    Loudoun County, Virginia, USA
    Posts
    788

    Post imported post

    Grapeshot wrote:
    My google-fu is tired and all ready went to bed so I did not locate the cite. Somebody?

    There is a limitation on magazine capacity of I believe 20 rds. unless you have a concealed handgun permit in certain named cities - the larger ones.

    If in doubt load up smaller mags or just have your CHP handy.

    Yata hey
    First of all, I am not a lawyer.

    You're talking about 18.2-287.4
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4

    But I don't think that'd be extremely relevant to the question. The previous citation of 15.2-915.2 was relevant and means you have to check with your local city or county.

    In Loudoun county, for example, one may not possess a loaded shotgun or rifle in any vehicle on any public street, road, or highway unless they reasonably believe that it is necessary for their personal safety in the course of their employment or business. I have attached Loudoun County chapter 684 for reference. The document is dated 2006.


    You may also find Virginia law 18.2-286 to be relevant. Shooting in or across road or in street.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-286

  8. #8
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,627

    Post imported post

    Why is this not relevant?

    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.



    If the state did not limit the right to carry such beyond that noted above, IMO it is exceeding state preemption for a local municipality to do so. Please explain to me why it is not in violation of preemption.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member virginiatuck's Avatar
    Join Date
    Feb 2009
    Location
    Loudoun County, Virginia, USA
    Posts
    788

    Post imported post

    Grapeshot wrote:
    Why is this not relevant?

    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.



    If the state did not limit the right to carry such beyond that noted above, IMO it is exceeding state preemption for a local municipality to do so. Please explain to me why it is not in violation of preemption.

    Yata hey
    Edited to say: Nevermind, it's late. I'm tired. I misread a lot and I'm sorry.

  10. #10
    Regular Member virginiatuck's Avatar
    Join Date
    Feb 2009
    Location
    Loudoun County, Virginia, USA
    Posts
    788

    Post imported post

    reelrebel18 wrote:
    more than likely it will be a 5 round pump shot gun, which after further investigation is legal in king and queen county but not legal in the city of chesapeake , what happened to premption?
    Oh, sorry grapeshot, I missed reelrebel's second post about the 5 round shotgun.

    Yeah, I think preemption applies there. Nowhere in the code of Virginia that I've found does a locality have the authority to regulate the shell capacity of a shotgun.

  11. #11
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682

    Post imported post

    Read Weatherford v. Commonwealth at http://www.courts.state.va.us/opinio...tx/1854042.txtfor just how "open" the carry of a long gun seems to need to be. It may surprise some of you.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,627

    Post imported post

    skidmark wrote:
    Read Weatherford v. Commonwealth at http://www.courts.state.va.us/opinio...tx/1854042.txtfor just how "open" the carry of a long gun seems to need to be. It may surprise some of you.

    stay safe.

    skidmark
    "Concealed weapons statutes are enacted to protect the public by prohibiting individuals from having concealed, but readily available for use, weapons of which others are unaware."

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member
    Join Date
    Apr 2008
    Location
    Potomac Falls, Virginia, USA
    Posts
    78

    Post imported post

    I have read through all the posts and regs, and I'm still confused. So, what's the bottom line? Can I carry a loaded long gun in my car? Openly, or concealed? Are there any restrictions across the state (i.e. does pre-emption apply or not)? Is there any difference in the rules for a shotgun vs. a CAR/AK? Do I need to restrict the mag to 20 rounds or less in the case of the latter weapon? Do I have to "reasonably believe" my personal safety is at risk to carry (I live in Loudoun)?

  14. #14
    Regular Member virginiatuck's Avatar
    Join Date
    Feb 2009
    Location
    Loudoun County, Virginia, USA
    Posts
    788

    Post imported post

    alnitak wrote:
    I have read through all the posts and regs, and I'm still confused. So, what's the bottom line? Can I carry a loaded long gun in my car? Openly, or concealed? Are there any restrictions across the state (i.e. does pre-emption apply or not)? Is there any difference in the rules for a shotgun vs. a CAR/AK? Do I need to restrict the mag to 20 rounds or less in the case of the latter weapon? Do I have to "reasonably believe" my personal safety is at risk to carry (I live in Loudoun)?
    I'm awake now and my head is clear.

    The bottom lines are:
    - In Loudoun county you may not carry a loaded rifle or shotgun in your vehicle unless you reasonably believe that it is necessary for your personal safety in the course of your employment or business. Note the part "in the course of [your] employment or business." If your employment or business can not be used to justify your need for personal protection, the exception may not apply to you.

    - All other state firearms/weapons laws still apply.. 18.2-287.4, 18.2-300, 18.2-308, 18.2-308.1, 18.2-308.1:1, and many, many others. There are just too many to list here.

    - See 15.2-915 and 15.2-915.1 thru .4 for details on state preemption, including which regulations a locality may enact by ordinance.

    Edited to correct error in the last bullet point: 15.2-915.2 instead of 18.2-287.4
    Edited again to just list the Virginia regulations regarding preemption, etc...

  15. #15
    Regular Member IanB's Avatar
    Join Date
    Jul 2006
    Location
    Northern VA
    Posts
    1,896

    Post imported post

    reelrebel18 wrote:
    question for the experts...
    Welcome to OCDO, I see you're new here. While we all welcome you here and value your input, we also value our time. Questions such as this have been covered ad naseum; if you would simply use the search box on OCDO first you'll get the info you need.

    Or, solution #2:

    I just did a Google search for the following: virginia loaded rifle shotgun vehicle

    The THIRD link is the NRA answering your question for you.

    Sorry to sound short with you, but it gets old seeing the same questions asked by people who have not lifted a finger tosatisfy their own curiosity, instead asking forum members to dig for them.

  16. #16
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    11

    Post imported post

    actually i've poked around here for a while and did try searching if you can searh and find it let me know and i'll retry

    btw if you don't want to read about the topic move to the next, i aske d a simple question, and if you don't like it go back into your cave

    thanks for all the useful advice

  17. #17
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580

    Post imported post

    reelrebel18 wrote:
    actually i've poked around here for a while and did try searching if you can searh and find it let me know and i'll retry

    btw if you don't want to read about the topic move to the next, i aske d a simple question, and if you don't like it go back into your cave

    thanks for all the useful advice
    The short answer is...yes, you can carry a shotgun or rifle almost everywhere. The localities that have ordinances against it MUST submit it to the Department of Game and Inland Fisheries. they will be listed in the Game Law pamphlet you get where they sell licenses. It;s also on their website.

    A side note and disclaimer to use your own judgment, I do it 365 days a year and haven't ever had any problems...even in Richmond!

  18. #18
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,627

    Post imported post

    reelrebel18 wrote:
    actually i've poked around here for a while and did try searching if you can searh and find it let me know and i'll retry

    btw if you don't want to read about the topic move to the next, i aske d a simple question, and if you don't like it go back into your cave

    thanks for all the useful advice
    Nakedshoplifter did let you know -

    "I just did a Google search for the following: virginia loaded rifle shotgun vehicle
    The THIRD link is the NRA answering your question for you."


    Your BTW above will win you no friends and gain you no cooperation. It is considered bad form to come on this site ask questions without doing the simplest research, ignore the response and then insult the member replying.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
    Regular Member
    Join Date
    Oct 2006
    Location
    Gloucester Point, Virginia, USA
    Posts
    899

    Post imported post

    Grapeshot wrote:
    Why is this not relevant?

    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.



    If the state did not limit the right to carry such beyond that noted above, IMO it is exceeding state preemption for a local municipality to do so. Please explain to me why it is not in violation of preemption.

    Yata hey
    This entire issue is about as clear as mud to me. After trying to sort through this thread, I'd like to restate what I think is the real-deal underlying question:
    Don't § 15.2-915 and § 15.2-915.2 explicitly contradict each other?

    § 15.2-915 (Which we like to call preemption) states:
    "A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute."

    Then on the flip side, § 15.2-915.2 states:
    "The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality."

    After I typed this all out, I think I see the issue....maybe there isn't a contradiction after all....I now believe that § 15.2-915.2 "expressly authorizes" a locality to restrict things associated with loaded shotguns and rifles.

    Is my last parapraph an accurate synopsis? I have a big interest in this as my county just formed an ad-hoc committee to investigate a proposed ordinance change pertaining to hunting with firearms within 100 yards of any primary or secondary highway.

  20. #20
    Founder's Club Member
    Join Date
    Jul 2006
    Location
    Gainesville, VA
    Posts
    549

    Post imported post

    Bottom line: unless you are on foot, in most localities in Virginia a long gun in a vehicle will have to be unloaded even if it is clearly in the open. Once you take it out of the vehicle you can lock and load and open carry it (I'd suggest it be slung, however)

  21. #21
    Regular Member ODA 226's Avatar
    Join Date
    Feb 2008
    Location
    Etzenricht, Germany
    Posts
    1,598

    Post imported post

    Reverend73 wrote:
    Bottom line: unless you are on foot, in most localities in Virginia a long gun in a vehicle will have to be unloaded even if it is clearly in the open. Once you take it out of the vehicle you can lock and load and open carry it (I'd suggest it be slung, however)
    Unless you have a CHP. I find this rather strange...not in a bad way of course but strange nevertheless.
    Bitka Sve Reava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

  22. #22
    Founder's Club Member
    Join Date
    Jul 2006
    Location
    Gainesville, VA
    Posts
    549

    Post imported post

    ODA 226 wrote:
    Reverend73 wrote:
    Bottom line: unless you are on foot, in most localities in Virginia a long gun in a vehicle will have to be unloaded even if it is clearly in the open. Once you take it out of the vehicle you can lock and load and open carry it (I'd suggest it be slung, however)
    Unless you have a CHP. I find this rather strange...not in a bad way of course but strange nevertheless.
    What? A CHP does not get you out of the requirement for having the rifle or shotgun carried in a vehicle be unloaded. A CHP only lets you oc a long gun with a magazine that holds more than 20 rounds, or a shotgun that holds more than 7 rounds of the longest ammo for which it is chambered, or is equipped with a folding stock or threaded barrel.

  23. #23
    Regular Member
    Join Date
    Oct 2006
    Location
    Gloucester Point, Virginia, USA
    Posts
    899

    Post imported post

    And this doesn't go against premption because VA code says that localities have the right to restrict this ("expressly authorized")??!!??

    Reverend73 wrote:
    Bottom line: unless you are on foot, in most localities in Virginia a long gun in a vehicle will have to be unloaded even if it is clearly in the open. Once you take it out of the vehicle you can lock and load and open carry it (I'd suggest it be slung, however)

  24. #24
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580

    Post imported post

    bayboy42 wrote:
    And this doesn't go against premption because VA code says that localities have the right to restrict this ("expressly authorized")??!!??

    Reverend73 wrote:
    Bottom line: unless you are on foot, in most localities in Virginia a long gun in a vehicle will have to be unloaded even if it is clearly in the open. Once you take it out of the vehicle you can lock and load and open carry it (I'd suggest it be slung, however)
    I'm only counting 6 localities that have enforceable ordinances. That's not counting assault type rifles and shotguns.

  25. #25
    Founder's Club Member
    Join Date
    Jul 2006
    Location
    Gainesville, VA
    Posts
    549

    Post imported post

    peter nap wrote:
    I'm only counting 6 localities that have enforceable ordinances. That's not counting assault type rifles and shotguns.
    Oooo, you're correct. And good 'ole norfolk isn't even on the list.

    FYI, this is the official list from the DGIF

    http://www.dgif.virginia.gov/hunting...ordinances.pdf

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •