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Question about transporting a firearm

sparkman2

Regular Member
Joined
Jul 18, 2011
Messages
132
Location
Hampton Roads, Virginia
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
 

DJEEPER

Regular Member
Joined
Feb 26, 2010
Messages
407
Location
Yorktown, ,
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
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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. :D
 

sparkman2

Regular Member
Joined
Jul 18, 2011
Messages
132
Location
Hampton Roads, Virginia
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.
 

Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
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/legp504.exe?000+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.
 

user

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

Grapeshot

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

sparkman2

Regular Member
Joined
Jul 18, 2011
Messages
132
Location
Hampton Roads, Virginia
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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