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HB 885: Possession of concealed weapons

TFred

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http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB885

Full Text

Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.


Adds this to Section B, the general list of exemptions:

10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
 

nuc65

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In New Mexico a motor vehicle is considered an extension of your home (legally). Carry in your vehicle how you like. It stops 'officer safety' searches without true probable cause, at least in my understanding.
 

TFred

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Similar bill:

SB 408: Possession of concealed weapons in vehicles

Full Text

Possession of concealed weapons in vehicles.Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or vessel if the handgun is locked in a container or compartment.
 

peter nap

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I see no advantage and it smacks of bad things to come.

What good is a locked handgun in the car...none!
You can already carry openly, or lock it in the trunk or in the glove box or console when you get out.

If this law morphs into the only legal way to carry in the future, it's a major step back.

So far, I'm seeing a very few bills that benefit gun rights and a lot that furthers elite permit holder status (Not this bill, it's just useless :X).
 

45acpForMe

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nuc65 wrote:
In New Mexico a motor vehicle is considered an extension of your home (legally). Carry in your vehicle how you like. It stops 'officer safety' searches without true probable cause, at least in my understanding.
I see this bill as a step forward to the average joe that has his gun in the glove box.

I would like to see a bill like the above New Mexico law where your car is an extension of your home. Since in VA you have a right to be "there" and don't have to retreat from your car just like your home it seems to make sense.

Also if you have your gun on the passenger seat and a hard turn or braking moves it you shouldn't be charged with concealing it. The NM mode would solve something like this.
 

driveramsII

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To me it does read as if the only legal way to carry would be in a "locked container or compartment". If this could be stated as one option of "concealed carry" for any carrier, regardless of CHP or not, it would be ok.
 

peter nap

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45acpForMe wrote:
nuc65 wrote:
In New Mexico a motor vehicle is considered an extension of your home (legally). Carry in your vehicle how you like. It stops 'officer safety' searches without true probable cause, at least in my understanding.
I see this bill as a step forward to the average joe that has his gun in the glove box.

I would like to see a bill like the above New Mexico law where your car is an extension of your home. Since in VA you have a right to be "there" and don't have to retreat from your car just like your home it seems to make sense.

Also if you have your gun on the passenger seat and a hard turn or braking moves it you shouldn't be charged with concealing it. The NM mode would solve something like this.

locked in a container or compartment.


 

45acpForMe

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TFred wrote:
http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB885

Full Text

Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.


Adds this to Section B, the general list of exemptions:

10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
It says secured not a "locked" container. This is important since neither a ford explorer center console or glovebox have locks. I think most cars these days don't have lockable gloveboxes. I still prefer something like NM law where the car is an extension of your home, do as you like.

To me if it is in a locked container it is not easily accessible and therefore not concealed, it is stored. :)
 

peter nap

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45acpForMe wrote:
TFred wrote:
http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB885

Full Text

Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.


Adds this to Section B, the general list of exemptions:

10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
It says secured not a "locked" container. This is important since neither a ford explorer center console or glovebox have locks. I think most cars these days don't have lockable gloveboxes. I still prefer something like NM law where the car is an extension of your home, do as you like.

To me if it is in a locked container it is not easily accessible and therefore not concealed, it is stored. :)
So it does. I wonder if that was changed.
Now, I wonder how many people will get locked up,:lol: while the Judges try to decide what secured means.
 

TFred

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Remember we're talking about two bills in this thread, they were so close I thought it would be OK to just add to the original...

One says locked, one says secured.

Trying not to clutter up the Virginia forum too much! :)

TFred
 

paramedic70002

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What we need is either:

1. Make CC legal without a permit; or

2. Specifically state in legislation 'plain language' that possession of a firearm in a vehicle glovebox or container DOES NOT CONSTITUTE immediate access to the firearm and DOES NOT violate 18.2-308.

How the courts ever reasoned that leaning over, opening the box, and retrieving the handgun was not an 'overt movement' I do not understand.
 

TFred

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From the VCDL VA-ALERT just sent out:
The House and Senate both just adopted Governor McDonnell's change to HB 885, so that starting July 1 a non-CHP holder can have a loaded handgun in an UNLOCKED compartment or container in a private motor vehicle or vessel!!!

Three Senators - Marsden, Saslaw, and Marsh - spoke against the change, wanting to require the compartment or container be locked, while Senator Vogel spoke in favor of the change.

The vote was 20 to 19 in the Senate, a squeaker, but we won!

Also, the Governor's changes to HB 1217, which makes only NRA gun safety curriculum something that elementary schools can use to teach gun safety, passed by a large margin.

Those emails you sent last week were critical! Good work, VCDL!!!
Also, from the LIS page on HB 885:

YEAS--Blevins, Deeds, Edwards, Hanger, Houck, Hurt, Martin, McDougle, McWaters, Norment, Obenshain, Puckett, Reynolds, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler--20.

NAYS--Barker, Colgan, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puller, Quayle, Saslaw, Ticer, Watkins, Whipple--19.

RULE 36--0.

NOT VOTING--Newman--1.
 

hunter45

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TFred wrote:
From the VCDL VA-ALERT just sent out:
The House and Senate both just adopted Governor McDonnell's change to HB 885, so that starting July 1 a non-CHP holder can have a loaded handgun in an UNLOCKED compartment or container in a private motor vehicle or vessel!!!

Three Senators - Marsden, Saslaw, and Marsh - spoke against the change, wanting to require the compartment or container be locked, while Senator Vogel spoke in favor of the change.

The vote was 20 to 19 in the Senate, a squeaker, but we won!

Also, the Governor's changes to HB 1217, which makes only NRA gun safety curriculum something that elementary schools can use to teach gun safety, passed by a large margin.

Those emails you sent last week were critical!  Good work, VCDL!!!
Also, from the LIS page on HB 885:

YEAS--Blevins, Deeds, Edwards, Hanger, Houck, Hurt, Martin, McDougle, McWaters, Norment, Obenshain, Puckett, Reynolds, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler--20.

NAYS--Barker, Colgan, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puller, Quayle, Saslaw, Ticer, Watkins, Whipple--19.

RULE 36--0.

NOT VOTING--Newman--1.

If this was Facebook, I would LIKE that. :D

I turn 20 in an hour and ten minutes. Only 1 more year to go until I can apply for my CHP!
 

jmelvin

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I note that Newman did not vote on this particular change. Steve Newman is my local senator and is generally a reliable vote for good firearm legislation. Anyone know what the story is on him?
 

peter nap

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Now....we have to decide at least two things.

1. What does secured mean?

2. Does this apply to all vessels or just motor powered vessels?

in a private motor vehicle or vessel

I can thin of a few more pitfalls too:X

[size="+1"]No. 99-1712-CR [/size]
[size="+1"]STATE OF WISCONSIN IN COURT OF APPEALS [/size]
DISTRICT III
[size="+1"]State of Wisconsin, [/size]
[size="+1"] Plaintiff-Appellant,
[/size]

¶7. The meaning of § 29.99(11), Stats., is plain on its face. The first portion of the section unambiguously establishes four ways in which a person may violate the law while hunting deer. The sentence structure is a classic example of a list of items in a series separated by commas. "For hunting deer" is the corresponding phrase to each separate item in the series. [sup]2 [/sup] The final item in the series, "with the aid of an aircraft," is not separated by a comma because it is preceded by the coordinating conjunction "or," an accepted practice in English usage. See The Little, Brown Handbook 376 (7th ed. 1998).
 
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