Open Carrying in Vehicle without a CHP (Concealed Handgun Permit) - STICKY

Jay said:

I would not even do it at any point of the traffic stop regardless if the officer is out of the vehicle or not. Trust me when a cop is pulling you over he is watching everything you are doing. Even if he can't see the gun he can tell if you are doing something that no normal person would be doing. How many people do you think would hide there drugs before the cop gets out of his/her car but the cop knows darn well what they are doing.

As far as a cite do a search through the forum "User" is the one who represented the case and got the dismissal. I am running out the door at the moment if you do not find it send me a PM and I will locate it later.

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If I want to lock my gun away to prevent him from getting it and running the serial numbers, I will do that and not give a damn if he doesn't like it. I have done this and the officer did not notice despite you saying anything to the contrary. Let him get a warrant if he wants to search a locked container, cause I will not voluntarily give him the keys. If I am told to get out, I will be locking the car on the way out.

JesterP99 said:

Now, you have it on your hip and they don't see it. You don't have to tell them, correct? And if they do see it and ask then obviously it is in plain sight because they saw to ask. I am just worried about reaching into my pocket to get my wallet with the gun right there. I would sure hate to have them jump to conclusions too quickly.

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You do not have to tell them me personally with my hands at 10 and 3 on the steering wheel. If he/she asks for license a and I have to lean to the side and my firearm could get exposed to him/her. I would notify him/her that I have a firearm in a holster on my right hip. If they say can I take it off you or can you take it out the answer is "NO"!!!!

Jonesy said:

If I want to lock my gun away to prevent him from getting it and running the serial numbers, I will do that and not give a damn if he doesn't like it. I have done this and the officer did not notice despite you saying anything to the contrary. Let him get a warrant if he wants to search a locked container, cause I will not voluntarily give him the keys. If I am told to get out, I will be locking the car on the way out.

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That is your prerogative I would rather get the traffic stop done and over with, and not have him detain me anymore then necessary because he sees me excessively fiddling around in my car.

Why would a cop take your gun away to run the serial numbers anyway without your permission? That in and of itself is an unlawful seizure.

Jay said:

That is your prerogative I would rather get the traffic stop done and over with, and not have him detain me anymore then necessary because he sees me excessively fiddling around in my car.

Why would a cop take your gun away to run the serial numbers anyway without your permission? That in and of itself is an unlawful seizure.

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You have not read the numerous posts on this forum where Virginia cops take away guns during traffic stops for "officer safety"? I have, and the posts suggest that the courts allow this.

Jonesy said:

You have not read the numerous posts on this forum where Virginia cops take away guns during traffic stops for "officer safety"? I have, and the posts suggest that the courts allow this.

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Not a suggestion at all. Statement of fact.

The nice thing is that it is actually a small number of incidents compared to the total number of traffic and other stops involving lawfully armed citizens. The nicer thing is that there is a small but significant number of attempts to do that which are defeated by explaining to the nice officer that since administrative handling of a firearm, especially by someone unfamiliar with its operation, increases the chances of a negligent discharge it is actually safer for all involved to just leave it in the holster and everybody keeps their hands away from it.

Seriously, I've had officers who had no idea how to work a "european" magazine release latch decide to just operate the slide and take the current round out of the chamber - not knowing that all they accomplished was reloading another round. Heck, they were trying to be nice and actually handed me the cartridge they had just jacked out!

If they don't want to be cooperative, do not argue or resist. But be sure to check the condition of the handgun on its return and insist on a written report of damage they inflicted. You probably are not going to get it, but your recording of their refusal to write it up can go a long way in moving your written formal complaint and Tort Claims Act suit forward. (FYI - tort claims do not need an attorney. Go look up how to file one.)

stay safe.

DJEEPER said:

Opinion #2: peter nap is the hammer and this topic is the nail in the coffin.

OC properly around, get in car.... still OC. I would MUCH rather have my sidearm holstered on my side or under my arm than have it around the car somewhere. just my preference.

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With this in mind, I would LOVE to see DJ carrying his AR-pistol across his chest when a vehicle with "higher freeboard" (to use a nautical term) passes him. I'd pay $$$ for pics of those "not from around here" with Geico Eyes. I bet that's a hoot! Someone may think him a SWAT-guy on his way to a "house party"...

Darn, that's funny just THINKING about it!!!

m

JesterP99 said:

Now, you have it on your hip and they don't see it. You don't have to tell them, correct? And if they do see it and ask then obviously it is in plain sight because they saw to ask. I am just worried about reaching into my pocket to get my wallet with the gun right there. I would sure hate to have them jump to conclusions too quickly.

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I'll tell you something that happened last summer. I was driving through Powhatan on RT522, and was almost at the bridge over the James River when I approached a checkpoint that the local Sheriff's Dept had set up in conjunction with the State Police. They were stopping everyone and checking DLs. I'd forgotten I even had an openly carried firearm on my hip. I stopped and one of the deputies came over to me and asked for my CDL and medical card (as I was driving a commercial truck at the time). After informing him I'd be unfastening my seat belt so I could straighten myself up to enable access to my pocket I opened the driver's door so he could see I wasn't doing anything stupid while reaching in my left front pocket for those items. (note gun on right hip, wallet in left pocket, hand doesn't need to go near gun after the seat belt is unfastened so no "I am just worried about reaching into my pocket to get my wallet with the gun right there").

It was only as I was unfastening the seat belt that I remembered I was wearing the gun instead of it being in the center console, but I figured it was too late to do anything about it and I wasn't breaking any laws so chose not to worry about it.

As I turned to my left to hand the CDL to the deputy I know he couldn't miss seeing the gun, in fact his eyes went to it, then up to my face. At this time I had my right arm draped across the top of the steering wheel so it was nowhere near my hip. Deputy glanced over my ID, handed them back and told me to carry on and we wished each other a nice day. At no time did he panic, nor scream about officer safety, he was polite and respectful towards me as was I towards him. At no time did I tell him verbally I was carrying and at no time did he ask me for a permit and the entire stop was over in about 2 minutes.

I was pulled over for speeding by VSP in Newport News a couple years ago. I was ready to tell the Trooper I was not paying attention to how fast I had been going and was prepared to take my 'lumps'. The female trooper was very professional when she approached my window and asked for my license and registration. I told her I was OCing and she said "thank you for letting me know" and didn't even ask me to do anything else. I was ready to get a ticket for excessive speed and anything else she could think of because I was definitely going over the limit and had quite a few stickers that "expressed my feelings" about the current government.








The trooper was also black. With the utmost poise and grace, she handed my "papers" back to me and told me "have a nice day!"

I'm still amazed I didn't get a citation. I think was was pretty close to 20-over the posted limit...

"Officer, I have a legally carried firearm on my right hip next to my wallet. How would you like me to proceed?" As I have said before, "USE YOUR WORDS!" A bit of forethought and knowing your rights and obligations in such a situation will make life easier on everyone.

MSC 45ACP said:

With this in mind, I would LOVE to see DJ carrying his AR-pistol across his chest when a vehicle with "higher freeboard" (to use a nautical term) passes him. I'd pay $$$ for pics of those "not from around here" with Geico Eyes. I bet that's a hoot! Someone may think him a SWAT-guy on his way to a "house party"...

Darn, that's funny just THINKING about it!!!

m

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While driving, the mag and handle sits upright when wedged between the passenger seat and center console

similarly, i do notice quite a few cell phones taking pictures as im riding my motorcycle down the road with the AR pistol across my back....also i get a very generous comfort radius too!

peter nap said:

I wish the ADMN would make the answers to this sticky.


First, you CAN conceal it in a secured (not necessarily locked) container... Gove box, console, backpack, Etc.
Second. If the gun is openly carried when you step out of the car, the same carry is open in the car. It's NEVER visible from 360 degrees regardless of where you are.

Third, welcome to the site and

Fourth, expect a million other replies and opinions.:uhoh:

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I can put my pistol in my center console where it is completely concealed without a ccw?

Patriot2A said:

I can put my pistol in my center console where it is completely concealed without a ccw?

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It's not concealed - it is "secured" in a container.

§ 18.2-308.B.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.

BTW - "secured" does not mean locked.

Grapeshot said:

It's not concealed - it is "secured" in a container.

§ 18.2-308.B.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.

BTW - "secured" does not mean locked.

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Thank. Does it have to be unloaded?

Patriot2A said:

Thank. Does it have to be unloaded?

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No, it does not.

Good safety practices say that it "should" either be secured by a holster of some sort to prevent other objects from engaging the trigger/getting stuck in the trigger guard or be the only item in the console.

stay safe.

first time poster

Hey guys i just found this forum today when the vaguntrader site came back up. I happened upon the thread about skid and the great injustice done to him. Followed the link here and spent most my morning reading from start to finish. Kinda weird I have rode that ferry for years as my daughter lives in isle o wight and im in charles city. Maybe its because of what happened to Skid as to why I havent had a problem OCing on the ferry. I just started carrying withing the last 4 months or so. Skid Im glad everything worked out for the most part I wish I had found the thread sooner so I could have offered some support. Anyway Im done rambling and glad I found the forum

yugritin said:

Hey guys i just found this forum today when the vaguntrader site came back up. I happened upon the thread about skid and the great injustice done to him. Followed the link here and spent most my morning reading from start to finish. Kinda weird I have rode that ferry for years as my daughter lives in isle o wight and im in charles city. Maybe its because of what happened to Skid as to why I havent had a problem OCing on the ferry. I just started carrying withing the last 4 months or so. Skid Im glad everything worked out for the most part I wish I had found the thread sooner so I could have offered some support. Anyway Im done rambling and glad I found the forum

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Welcome to our world Yugritin. If you read up on the Surry saga and Sir Sidmark, you did a heap of readin' to get to this point.

Hope to see you around at one of the meet n' greets. Meanwhile enjoy your ferry rides.

when is the next meet and greet? would love to show up

yugritin said:

when is the next meet and greet? would love to show up

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In Richmond, our monthly OC dinner is held on the 2nd Tuesday each month and we have a breakfast each Sat at 9:30 A.M.
Follow the VA forum and look for the threads (will have stickies) - dinner announcement is posted 1 1/2 to 2 weeks in advance and breakfast a couple of days early.

There are similar events in Newport News/Hampton.

We'll keep the coffee hot for ya.

thank you sir look forward to it

What if you leave vehicle?

I am glad I found this forum, because it is very confusing about OC in a vehicle. I recently started OCing and had been placing the firearm on my passenger seat. I was concerned about being in an accident or slamming the brakes etc. It is nice to know I can keep it on my side in the holster. Also glad to know that it can be stored in the glove-box loaded and with the GB "unlocked".

So my question is can you leave it in the GB if you go somewhere that doesn't allow carry or is not legal (post office, school, work, etc.) and you get out of the vehicle. Does it then have to be unloaded and locked in a container? Trust me if I leave it in the vehicle I plan on locking it in the GB, especially considering someone may see me place it in there. I do have a car alarm, but most people ignore them nowadays.

My wife and I have applied for our CHPs so within 45 days we will have them. Do the rules change when we have our permits? The reason I ask these questions is because we have to go to places (school, work) where we cant carry and I don't want us to have to leave them home because we cant take them to a few places. :banana:

Thanks in advance for any advice!