July 1st: Just around the corner - HB 1833: CHP law totally reformatted

45acpForMe · Jul 1, 2013

I understand what you are saying. Great, more manipulation of a handgun for no good reason. I wonder how many firearms went off accidentally while stored in a closed container on school property???? I wish we could just get rid of the gun free zones (federal and state) altogether!

Grapeshot · Jul 1, 2013

TFred said:
I can't speak for someone else, but I suspect the red text above is a mis-type. The secured container section does not require one to either have or not have a CHP, nor does it require one to stay in the car.

ETA: Hmm, thinking more about this... maybe he is right... the secured container provision does only address while one is in the car, and once you exit, then I believe his point is that you revert back to the other sections which require the firearm to be unloaded.

ETA(2): The secure container text says: "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;"

So if you are not "while in a ... motor vehicle", the exception is not met. And there are no other code sections which allow you to store a loaded firearm in a car on school grounds... at least none that I am aware of!

TFred

45acpForMe said:
I understand what you are saying. Great, more manipulation of a handgun for no good reason. I wonder how many firearms went off accidentally while stored in a closed container on school property???? I wish we could just get rid of the gun free zones (federal and state) altogether!

That is my read also. If you are going to get out of your vehicle on school property, then you had best prepare and unload and secure it before you enter the parking lot/driveway.

With a CHP you are good to drive in to pick up someone, but don't jump out to help them if they fall - you'll become an instant criminal :uhoh:

Totally agree - down with GFZSs. They only make the children "unsafe at any speed."

grylnsmn · Jul 2, 2013

45acpForMe said:
If it is in a closed container (loaded or not) why would it matter if you got out of the car? I understand that if you are carrying on your person with a CHP you can not get out of the car because the gun would either come with you which is illegal or you would have to transfer it to a closed container which would be hard to do without exposing it. If the gun is in a closed container with you in the car and it is legal, where would you say the code says that if you leave the car it would be illegal? I am assuming you aren't leaving small children in the car or something like that when you exit the car. If I exit the car I am no longer possessing the firearm as it is no longer in my reach.

It matters because both the CHP exception in 18.2-308.1(C)(vii) and the general loaded and secured in a closed container exception in 18.2-308(C)(10) place a conditional modifier on the possession, specifically that it be while in a motor vehicle. The school-specific unloaded closed container provision in 18.2-308.1(C)(vi) does not have a "while" limitation.

The full text of each part:

18.2-308.1(C)(vi) said:
The provisions of this section shall not apply to ... (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;

18.2-308(C)(10) said:
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;

18.2-308.1(C)(vii) said:
The provisions of this section shall not apply to ... (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school;

Note that the first school-specific provision (18.2-308.1 C vi) doesn't restrict it to while the person is in a motor vehicle, while the other two do (text listed in red).

ocholsteroc · Jul 4, 2013

"§ 18.2-308. Carrying concealed weapons; exceptions; penalty.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
"

Does other weapon mean shotgun can be concealed in a bag on you/hiking in the woods? was "other weapon" on the old law?

Thanks.

roscoe13 · Jul 4, 2013

ocholsteroc said:
"§ 18.2-308. Carrying concealed weapons; exceptions; penalty.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
"

Does other weapon mean shotgun can be concealed in a bag on you/hiking in the woods? was "other weapon" on the old law?

Thanks.

No, and yes. A CHP ONLY exempts you from the handgun part of the prohibition...

Roscoe

skidmark · Jul 4, 2013

Anybody who needs to be convinced that theere was at least some good coming out of this need only look at http://forum.opencarry.org/forums/showthread.php?115552-Extra-Legal-Requirement-for-CHP-in-Accomack .

Wading through the old version would have taken much longer and might have meant missing what turns out to be a very simple explanation of teh stoopids.

stay safe.

July 1st: Just around the corner - HB 1833: CHP law totally reformatted

45acpForMe

Newbie

Grapeshot

Legendary Warrior

grylnsmn

Regular Member

ocholsteroc

Regular Member

roscoe13

Campaign Veteran

skidmark

Campaign Veteran