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Carry in Vehicle?

Dispatcher

Campaign Veteran
Joined
Mar 1, 2009
Messages
311
Location
Virginia, , USA
Reading of the laws is very confusing, and I am finding conflicting reports from across the net as to what is allowed. There are some sites that say carrying on your persin is illegal, others say there was recently a law passed allowed it.

My question is thus, is it legel for someone with a valid conceal carry permit to have a loaded weapon either openly or concealed carry in a holster on their person or elsewhere in the vehicle within reach while operating that vehicle?
 

RT48

Regular Member
Joined
Nov 6, 2007
Messages
236
Location
Cuyahoga County, Ohio
My question is thus, is it legel for someone with a valid conceal carry permit to have a loaded weapon either openly or concealed carry in a holster on their person or elsewhere in the vehicle within reach while operating that vehicle?

Since you posted this in the Ohio forum, the answer is yes.


--Moderator Note--
Please, in the future, provide a cite when responding to questions like this.
 
Last edited by a moderator:

Grapeshot

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Valhalla
Very state specific question.

Moved it from the Ohio sub-forum to Virginia based on the OP is from VA and did not otherwise indicate.
 

davidmcbeth

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earth's crust
I would suggest the OP seek out legal consul so that he can understand much more than what his initial inquiry was to understand his full liabilities.
 

Blk97F150

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Dec 21, 2010
Messages
1,179
Location
Virginia
OpenCarry.org (the site that hosts this forum) has some good summary maps here: (although they don't cite their sources... go figure... lol)
http://www.opencarry.org/?page_id=101

HandgunLaw.us is another resource for info, Here is the Virginia page:
http://www.handgunlaw.us/states/virginia.pdf

Virginia's 'secured container' provision:
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

C. Except as provided in subsection A of § 18.2-308.012, 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;

The opinion from the VA Attorney General regarding the 'secured container' law:
http://www.oag.state.va.us/Opinions and Legal Resources/Opinions/2012opns/11-111 Newman.pdf

Hopefully you find this info helpful.
 

va_tazdad

Regular Member
Joined
Feb 23, 2009
Messages
1,162
Location
Richmond, Virginia, USA
One minor problem

OpenCarry.org (the site that hosts this forum) has some good summary maps here: (although they don't cite their sources... go figure... lol)
http://www.opencarry.org/?page_id=101

HandgunLaw.us is another resource for info, Here is the Virginia page:
http://www.handgunlaw.us/states/virginia.pdf

Virginia's 'secured container' provision:


The opinion from the VA Attorney General regarding the 'secured container' law:
http://www.oag.state.va.us/Opinions and Legal Resources/Opinions/2012opns/11-111 Newman.pdf

Hopefully you find this info helpful.

That was the old AG opinion. Now that Tmac is gubenator, his pet dog sitting in the AG office may just change that. As of yet it has NOT been changed.

Time will tell.
 

Grapeshot

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Valhalla
That was the old AG opinion. Now that Tmac is gubenator, his pet dog sitting in the AG office may just change that. As of yet it has NOT been changed.

Time will tell.
Meanwhile we still have the statute and I think it is solid.

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

peter nap

Accomplished Advocate
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Oct 16, 2007
Messages
13,551
Location
Valhalla
Meanwhile we still have the statute and I think it is solid.

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

I agree Grape. The AG opinion is really meaningless except to provide reference material. There is existing case law however, that upholds the statute.
 
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