• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Carrying at school

F

Fenris

Regular Member
Joined
Jan 7, 2009
Messages
182
Location
, ,
imported post

With school about to start I thought it would be a good idea to check on school rules to make sure I stay on the outside of a cell.

My understanding is that with a CHP you can carry concealed in car in the parking lot driveway etc. But you can NOT get out of the car with the gun. So if you do have to get out what do you do.

1. I have heard the opinion that if you take it off that you have unconcealed it therefore you are in violation. What if you use a cover cloth to hide it until it is put away? Would this be sufficient?

2. I have heard someone say that again you can't do this because the gun would be out of your control. But is it is a locked car wouldn't that still be under your control? Also since a locked trunk is legal, why wouldn't a locked car be? Would it have to be in a separate locked box?

Thanks,
 
ProShooter

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
imported post

With a CHP, the gun must stay concealed and you must stay in the car. The gun cant be openly displayed and you cant get out with it.

I would imagine that you could cover it with something while you are unholstering but that may inhibit your safe handling and is probably not a wise choice.

If I had to get out, I'd probably secure it in my trunk before entering school property.
 
C

CRF250rider1000

Regular Member
Joined
Apr 17, 2008
Messages
1,440
Location
Herndon, VA & Martinsville, VA
imported post

What if your kid needs help getting out of the car or trips and falls. Dad can't help now because he is facing charges(class 6 felony) if he so much as opens the door to his car. Just unload it and stick it in the trunk before you get to the school. An unloaded shotgun in a rack is allowed though;)
 
C

CRF250rider1000

Regular Member
Joined
Apr 17, 2008
Messages
1,440
Location
Herndon, VA & Martinsville, VA
imported post

"The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to........ a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk."
 
Marco

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
imported post

I can assume your "WI" is directed at me.

"WI" an upset parent decides to start shooting while in the traffic circle, that gun in the trunk is useless, why not leave it at home.

I can unload and secure (locked case)my firearm without anyone knowing inside that paper bag.

Life is a gamble, let each person choose what works best for them.
 
Grapeshot

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

Agent19 wrote:
Paper bag, sitting right next to me.
Click to expand...
Paper bags like folded newspapers have some interesting/creative uses.

IMO you are not brandishing if you have your hand inside a paper bag any more than if you have your hand in your pocket. Both eliminate the draw stoke time factor.

Excuse me, sir; but I'd appreciate it if you wouldn't point your paper bag at me. :?

If you try this in live fire practice, watch out for flaming bags. :lol:

Yata hey
 
Marco

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
imported post

One would think it would be almost impossible for a brandishing charge to stick.


The paper bag canalso beused in other situations, read the thread by Bubb4H.
 
C

CRF250rider1000

Regular Member
Joined
Apr 17, 2008
Messages
1,440
Location
Herndon, VA & Martinsville, VA
imported post

B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
 
Marco

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
imported post

CRF250rider1000 wrote:
B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
Click to expand...
I can unload and secure (locked case)my firearm without anyone knowing what'sinside that paper bag.

Unless you have xray vision you haveno clue what is inside the bag, and in no way can it be a threating manner if you don't know what you're looking at.
 
Marco

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
imported post

CRF250rider1000 wrote:
What if your kid needs help getting out of the car or trips and falls. Dad can't help now because he is facing charges(class 6 felony) if he so much as opens the door to his car. Just unload it and stick it in the trunk before you get to the school. An unloaded shotgun in a rack is allowed though;)
Click to expand...
Just to clarifythe I'm addressing this.
I'm not statingI carry loaded or unloaded on school property outside of my vehicle.
 
MSC 45ACP

MSC 45ACP

Regular Member
Joined
Apr 23, 2009
Messages
2,840
Location
Newport News, Virginia, USA
imported post

Grapeshot wrote:
Agent19 wrote:
Paper bag, sitting right next to me.
Click to expand...
Paper bags like folded newspapers have some interesting/creative uses.

IMO you are not brandishing if you have your hand inside a paper bag any more than if you have your hand in your pocket. Both eliminate the draw stoke time factor.

Excuse me, sir; but I'd appreciate it if you wouldn't point your paper bag at me. :?

If you try this in live fire practice, watch out for flaming bags. :lol:

Yata hey
Click to expand...
I think we need to bring some paper bags and newspapers to the range... :celebrate
 
user

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
imported post

Federal law makes it a felony to be within 1000 feet of the outer perimeter of property on which a school is located (with exceptions, such as on one's own property).
That statute contains an exception for state law governing persons with permit, license, or registration that requires a background check, as Virginia's CHP does.

Thus, without the CHP, no firearms of any kind within one thousand feet of school property - you're not even allowed to drive down the highway near a school with a gun in the car, even if it's secured, unloaded, and locked in the trunk. (I'd like to see that statute repealed, by the way, I think it's nuts.)

With the CHP, Virginia law applies, and that allows you to stay on the paved surface inside your car with the gun. The gun is not required to be concealed, though obviously you can't use it intentionally in a way that makes other people feel threatened. There really isn't any statute that I recall that says what you have to do with the gun when you get out of the car. After you've left your car and locked it up, then you're no longer carrying the gun, and the statutes apply to "carrying". I wouldn't leave it in plain sight, though, and expect it to be there when I got back.
 
D

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

user wrote:
Federal law makes it a felony to be within 1000 feet of the outer perimeter of property on which a school is located (with exceptions, such as on one's own property).
That statute contains an exception for state law governing persons with permit, license, or registration that requires a background check, as Virginia's CHP does.

Thus, without the CHP, no firearms of any kind within one thousand feet of school property - you're not even allowed to drive down the highway near a school with a gun in the car, even if it's secured, unloaded, and locked in the trunk. (I'd like to see that statute repealed, by the way, I think it's nuts.)

With the CHP, Virginia law applies, and that allows you to stay on the paved surface inside your car with the gun. The gun is not required to be concealed, though obviously you can't use it intentionally in a way that makes other people feel threatened. There really isn't any statute that I recall that says what you have to do with the gun when you get out of the car. After you've left your car and locked it up, then you're no longer carrying the gun, and the statutes apply to "carrying". I wouldn't leave it in plain sight, though, and expect it to be there when I got back.
Click to expand...
Then wouldn't you be in the wrong to leave the firearm in the vehicle and walk away? Your vehicle has a firearm in it and you are no longer there to bear the concealed firearm. Once you exit the vehicle, wouldn't that firearm now be considered to be in transport mode and without an attendant human with CHP with the vehicle, be in violation of federal law as you initially indicated (due to being in a vehicle within 1000' of the school property)?
 
N

nova

Regular Member
Joined
Aug 19, 2007
Messages
3,149
Location
US
imported post

user wrote:
Federal law makes it a felony to be within 1000 feet of the outer perimeter of property on which a school is located (with exceptions, such as on one's own property).
That statute contains an exception for state law governing persons with permit, license, or registration that requires a background check, as Virginia's CHP does.

Thus, without the CHP, no firearms of any kind within one thousand feet of school property - you're not even allowed to drive down the highway near a school with a gun in the car, even if it's secured, unloaded, and locked in the trunk. (I'd like to see that statute repealed, by the way, I think it's nuts.)

With the CHP, Virginia law applies, and that allows you to stay on the paved surface inside your car with the gun. The gun is not required to be concealed, though obviously you can't use it intentionally in a way that makes other people feel threatened. There really isn't any statute that I recall that says what you have to do with the gun when you get out of the car. After you've left your car and locked it up, then you're no longer carrying the gun, and the statutes apply to "carrying". I wouldn't leave it in plain sight, though, and expect it to be there when I got back.
Click to expand...
There's a school a block from my house. Does this make me a super felon everytime I step foot out my front door? My carrying a firearm has affected no interstate commerce. I obtained my gun in Virginia, and the "firearm" (frame) has no markings of origin other than a trademark logo, model number, and S/N., therefore nothing I've done has anything to do with another state. My gun has never shot anybody at a school. I'm not in a gang, or have anything to do with narcotics.

It was ruled unconstitutional once already, and the current one has the same purpose...to screw people out of excercising their constitutional rights.

Here I go again trying to use logic...

F 'em.

EDIT: interesting link that shows just how far 1000 ft really is.

http://www.prisonpolicy.org/zones/thousand_feet.html
 
You must log in or register to reply here.
Top