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Thread: Question about transporting a firearm

  1. #1
    Regular Member sparkman2's Avatar
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    Question about transporting a firearm

    A discussion on the topic of having a loaded weapon in your vehicle came up today. The question was asked if you do not have a CHP, but can legally possess a firearm and have a loaded pistol on the seat in plain view in your car, is that legal?

    I say yes it is because (a) Virginia is an open carry state and as long as you are not trying to hide it and it is in plain view it is allowed. (b) Because Virginia is an open carry state, what's the difference between carrying on your hip or carrying on the front seat. (c) Doesn't the transporting of loaded weapons pertain to long guns such as rifles or shotguns?

    All I am trying to get is a straight answer and if there is a state law that deals with this situation, can someone please post the link?

    Thanks

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    IANAL, but you are correct in thinking that is legal. On your seat, dashboard, etc.... As long as it is in the open, loaded or not, you are open carrying legally

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by DJEEPER View Post
    IANAL, but you are correct in thinking that is legal. On your seat, dashboard, etc.... As long as it is in the open, loaded or not, you are open carrying legally
    There is NO law saying can't, therefore you can.
    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.

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    Regular Member sparkman2's Avatar
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    Thanks for the info. I am always amazed at the people who blindly follow what they are told and not have the sense to look up an answer when they don't know what the answer is.

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    Snip
    A discussion on the topic of having a loaded weapon in your vehicle came up today. The question was asked if you do not have a CHP, but can legally possess a firearm and have a loaded pistol on the seat in plain view in your car, is that legal?

    I say yes it is because (a) Virginia is an open carry state and as long as you are not trying to hide it and it is in plain view it is allowed.
    Further, the handgun does not have to be 'in plain view' on the seat.... even if you do not have a concealed handgun permit, as long as "such handgun is secured in a container or compartment".

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308
    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.

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    Accomplished Advocate user's Avatar
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    Part of the problem is that there really is no straightforward answer to any legal question. God gave Moses the law; humans invented lawyers.

    I take the position that the phrase, "hidden from common observation", means that if it's visible to someone who takes the trouble to look, it's not concealed. So lying open on the passenger seat ought to be ok. Problem is that it's up to the individual cop whether to arrest you or not. You may have a good defense at trial, but that's not the same as not having to go to court. I normally charge two thousand bucks just to show up at a local General District Court for one hearing. You have to decide whether that's worth the risk - you might prefer to go with the "secured in a container" approach, or better yet, get your CHP.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by user View Post
    Part of the problem is that there really is no straightforward answer to any legal question. God gave Moses the law; humans invented lawyers.

    I take the position that the phrase, "hidden from common observation", means that if it's visible to someone who takes the trouble to look, it's not concealed. So lying open on the passenger seat ought to be ok. Problem is that it's up to the individual cop whether to arrest you or not. You may have a good defense at trial, but that's not the same as not having to go to court. I normally charge two thousand bucks just to show up at a local General District Court for one hearing. You have to decide whether that's worth the risk - you might prefer to go with the "secured in a container" approach, or better yet, get your CHP.
    Better to have and not need it, than to not have it and need it applies in cases to this to a CHP too.

    Believe in trying to cover all of the bases - all ways, always!
    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.

  8. #8
    Regular Member sparkman2's Avatar
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    Quote Originally Posted by user View Post
    Part of the problem is that there really is no straightforward answer to any legal question. God gave Moses the law; humans invented lawyers.

    I take the position that the phrase, "hidden from common observation", means that if it's visible to someone who takes the trouble to look, it's not concealed. So lying open on the passenger seat ought to be ok. Problem is that it's up to the individual cop whether to arrest you or not. You may have a good defense at trial, but that's not the same as not having to go to court. I normally charge two thousand bucks just to show up at a local General District Court for one hearing. You have to decide whether that's worth the risk - you might prefer to go with the "secured in a container" approach, or better yet, get your CHP.
    Thanks for that additional insight. I do have a CHP and the question was just a hypothetical one being discussed around the shop. When and if I am stopped i always present my ID and CHP to avoid any unnecessary complications. I think that if the laws are made to be more clearer then compliance would be easier for the individuals and not have to waste time in court for an interpretation of any law. K.I.S.S.

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