transporting a handgun

imported post

what is the legal way to transport a handgun in a car to and from the shooting range. would it be ammo in the trunk and gun in its case in the backseat or gun in the trunk and ammo in the backseat or glove box. i have heard both are legal but i cant bring myself to believe that.so if someone could shed some light on this it will be much appreciated..





thanks in advance

imported post

what i know of the law. and i am from pa . i have a LTCF permit whick allows me to carry concealed weapon . wv has an agreement with my state. and the way i under stand wv law is that i can have my weapon in a car on me and as long as i have my LTCF permit on me i am good to go.

imported post

spencer280 wrote:

what i know of the law. and i am from pa . i have a LTCF permit whick allows me to carry concealed weapon . wv has an agreement with my state. and the way i under stand wv law is that i can have my weapon in a car on me and as long as i have my LTCF permit on me i am good to go.

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I believe that is correct.

(Although I'm no lawyer)

imported post

NavyLT wrote:

There are no additional restrictions or requirements for vehicle carry in West Virginia. The only prohibition is carrying a concealed weapon on or about the body. Therefore, looks like you can have the handgun anywhere, anyway that you desire in the vehicle, so long as it is not concealed upon the person:

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This is simply NOT true...

If you read the statute closer, it says concealed on or about the person. "About the person" means within easy access. That would be anywhere in the passenger compartment of a vehicle, or anywhere in a vehicle where any passengers or the driver could easily have access to it. Under your seat would be "concealed". In the glovebox is definitely "concealed". In the back seat under a coat is "concealed".

Article 7. Dangerous Weapons

61-7-2. Definitions. As used in this article, unless the context otherwise requires: …

(10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.

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So, if you don't have a Concealed Carry permit, the only way you can legally carry in your car, and be absolutely SURE you won't be hassled by LEO's is if it's in your trunk, or in a locked box. Of course this also varies state by state, but "locked in the trunk" is protected by the "Safe Passage" provision of the Federal Firearms Owner's Protection Act (FOPA).

The best thing to do is just get a Concealed Carry Permit. That just makes carrying while travelling in a vehicle a LOT simpler, and it ALSO gives you a LOT more legal coverage in other states too...

imported post

Dreamer wrote:

NavyLT wrote:

There are no additional restrictions or requirements for vehicle carry in West Virginia. The only prohibition is carrying a concealed weapon on or about the body. Therefore, looks like you can have the handgun anywhere, anyway that you desire in the vehicle, so long as it is not concealed upon the person:

Click to expand...

This is simply NOT true...

If you read the statute closer, it says concealed on or about the person. "About the person" means within easy access. That would be anywhere in the passenger compartment of a vehicle, or anywhere in a vehicle where any passengers or the driver could easily have access to it. Under your seat would be "concealed". In the glovebox is definitely "concealed". In the back seat under a coat is "concealed".

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Actually, our Supreme Court has spoken on the meaining of the term "about the person":

[F]or a dangerous weapon to be about the person . . . , the weapon must be located either on the person or in such close proximity that it can be reached without a material change in his position and the weapon must be readily accessible when such person reaches to where it is located.

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Syllabus Point 3, in part, State v. Totten, 169 W.Va. 729, 289 S.E.2d 491 (1982) (per curiam) (decision under prior law). It should be noted that in West Virginia, "[a] per curiam opinion may be cited as support for a legal argument[,]" Syllabus Point 4, Walker v. Doe, 210 W.Va. 490, 558 S.E.2d 290 (2001), overruling Lieving v. Hadley, 188 W.Va. 197, 423 S.E.2d 600 (1992), and that even under Lieving, the syllabus points of per curiam decisions were precedential. 188 W.Va. at 201 n. 4, 423 S.E.2d at 604 n. 4.

Dreamer wrote:

Article 7. Dangerous Weapons

61-7-2. Definitions. As used in this article, unless the context otherwise requires: …

(10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.

Click to expand...

So, if you don't have a Concealed Carry permit, the only way you can legally carry in your car, and be absolutely SURE you won't be hassled by LEO's is if it's in your trunk, or in a locked box. Of course this also varies state by state, but "locked in the trunk" is protected by the "Safe Passage" provision of the Federal Firearms Owner's Protection Act (FOPA).

The best thing to do is just get a Concealed Carry Permit. That just makes carrying while travelling in a vehicle a LOT simpler, and it ALSO gives you a LOT more legal coverage in other states too...

Click to expand...

Yes, getting a CHL (or whatever your state calls it) is good advice. However, those who do not have a CHL still have a right to be free from harassment for lawful conduct.