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The secure container law saved him criminal charges but he was still suspended

peter nap

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Although a VDOT spokesperson wouldn’t elaborate, she confirmed last week that an employee at the agency’s Wythe County headquarters was disciplined after an inmate who was cleaning the worker’s state truck found a gun in the glove compartment.
“It is being handled with disciplinary action internally,” said Michelle Earl, spokesperson for the Virginia Department of Transportation’s Bristol District.
Earl wouldn’t say who the employee was, but she did confirm the accuracy of a summary of the July 28 incident provided anonymously to the newspaper.

http://www.swvatoday.com/news/article/vdot_employee_disciplined_over_gun_incident/7961/
 

CRF250rider1000

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Why did it save him? If he was not occupying the truck then it was no longer "on his person." There is already a case law on this. I believe it was a guy that left his gun in his center console after an accident if memory serves me right? Anyways the guy would not have had the firearm on him at the time thus he would not fall under the new container law.
 

peter nap

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He did have it in there while occupying the vehicle. He drove the vehicle to the local prison with it in the glove compartment, let one of the inmates in the car to clean it, then walked away while it was being detailed.

No accident was involved.
 

Tess

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So he left a firearm under the effective control of a convicted criminal.

Gross negligence, at best. He deserves the suspension at a minimum, but I'm not sure how the secure container law helped him.
 

peter nap

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So he left a firearm under the effective control of a convicted criminal.

Gross negligence, at best. He deserves the suspension at a minimum, but I'm not sure how the secure container law helped him.

I agree with that Tess.

He very likely would have been charged with concealed carry since he did not have a CHP and it was concealed in the Glove Compartment when he drove it to the location and was parked. That's easy enough to prove because the inmate who reported it, was present when he brought the vehicle in.

In order to have been legal without the Container Law, he would have to had it open until he parked it, then put it in the Glove Compartment and left.

That really doesn't make a lot of difference to me though and is nit picky.
Maybe I should change the title to IDIOT LEAVES GUN WITH INMATE AND IS SUSPENDED.
 

CRF250rider1000

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I assumed that either way if he OC'd or had it in the glove compartment while driving, he was still not occupying the vehicle at the time that it was discovered. That was extremely negligent of him I will agree. I'm sure the inmate got some brownie points for this whole thing.
 

nova

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I assumed that either way if he OC'd or had it in the glove compartment while driving, he was still not occupying the vehicle at the time that it was discovered. That was extremely negligent of him I will agree. I'm sure the inmate got some brownie points for this whole thing.

I know what you mean, I have the case saved on my laptop. I'll try and find where I saved it.

eta found it:

Pruitt v. Commonwealth

Open carry in car and leave gun in glovebox/center console concealed while exiting/parking vehicle
 
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Neplusultra

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Why did it save him? If he was not occupying the truck then it was no longer "on his person." There is already a case law on this. I believe it was a guy that left his gun in his center console after an accident if memory serves me right? Anyways the guy would not have had the firearm on him at the time thus he would not fall under the new container law.

Pruitt vs. Commonwealth 2007
 

CRF250rider1000

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...and while out of the car.

My point exactly. He could have OC'd in the car or had it in the glove box the whole time but since it was not on his persons then technically he wasn't carrying it. Thus the new law does not apply in this case but the case law does regardless of which legal method of carrying he did while the gun was on his persons.
 

mrt6812

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can someone link to the new law or paraphrase it for me? Being in NC for school, I'm not too up on new laws in the home state except that you can now carry concealed in places that serve alcohol, correct?
 

nova

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can someone link to the new law or paraphrase it for me? Being in NC for school, I'm not too up on new laws in the home state except that you can now carry concealed in places that serve alcohol, correct?

Except as provided in subsection J1, this section shall not apply to:

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.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

eta: and you're correct, a person with a CHP can now carry concealed in a restaurant or club licensed to serve alcohol for on-premises consumption, as long as they don't drink while carrying concealed on the premises.

eta2: CRF250rider1000 nice avatar!
 
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TFred

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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.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

eta: and you're correct, a person with a CHP can now carry concealed in a restaurant or club licensed to serve alcohol for on-premises consumption, as long as they don't drink while carrying concealed on the premises.

eta2: CRF250rider1000 nice avatar!
Just a little nitpick, you left out the top part to that list of exceptions, #10 of which is the new law, which states:

"Except as provided in subsection J1, this section shall not apply to:"

This new provision is a general exemption to the prohibition on carrying concealed weapons.

TFred
 

nova

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Just a little nitpick, you left out the top part to that list of exceptions, #10 of which is the new law, which states:

"Except as provided in subsection J1, this section shall not apply to:"

This new provision is a general exemption to the prohibition on carrying concealed weapons.

TFred

you're right let me go back and add that.
 

mrt6812

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so, in non legalese, does this mean you can now carry in the glove compartment whereas before you couldn't?
 
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