Carry w/o Permit in Vehicle

[jimwyant]

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It is generally understood that in Virginia, one may carry a loaded weapon inside a car without a permit as long as it is in plain view. Earlier tonight, I was asked by a family member to find the law. Despite my best efforts, I can not find any statute that addresses this. The only thing I can find is § 18.2-308, which only addresses concealed carry. Did I miss something in my research, or is there no law specific to vehicles? If not, then OC in a vehicle is no different than OC anywhere else.

Another related question: What is considered plain view inside a vehicle? Would a weapon carried in an OWB holster, since it is partially to mostly obscured by a seat belt, the edge of the seat, and one's arm (and the door, for LH OWB), be considered "hidden from common observation" as per the statute? What about tucked between the seats, if the grip is visible?

None of this applies to me, as a CHP holder, but I want to be able to answer the question intelligently, rather than just guess. Thanks in advance for the help.

 

[Mike]

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By not finding any law prohibiting open carry in a vehicle, you have found the law!

 

[jimwyant]

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Thanks! I am normally very thorough in my research, and if there is something to find, I can usually find it. However, I am far from perfect, so I decided to ask the question here, in the event that I missed something.

 

[cs9c1]

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I agree with Mike.

It is unfortunatewhen we getso use to thegovernment running our life that we start looking for permission to do what is your God given right.

I saw a nice statement yesterday and wondered if anyone knew who it is from?

"Citizens should not fear the Government,the Government should fear the Citizens"

 

[hirundo82]

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cs9c1 wrote:

I saw a nice statement yesterday and wondered if anyone knew who it is from?

"Citizens should not fear the Government,the Government should fear the Citizens"

I'm not sure if this is the line you are thinking of, but one of my favorite lines fron "V for Vendetta" (the movie) was "People should not be afraid of their governments. Governments should be afraid of their people."

 

[cs9c1]

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hirundo82 wrote:

I'm not sure if this is the line you are thinking of, but one of my favorite lines fron "V for Vendetta" (the movie) was "People should not be afraid of their governments. Governments should be afraid of their people."

That is probably where it cam from and someone was editing it to be their signature statement. Thanks. I LIKE!!!

 

[357luvr]

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Just to be clear, a weapon on the passenger seat is ok but one carried on your weak (for me that would be the left side)side OWBis not, correct?

 

[cs9c1]

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One in plain view is OK, one that is hidden is not.

Does not matter what side it is on,just as long as it is in "Plain View" and not concealed in any way.

 

[357luvr]

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I only ask because sometimes I carry in my holster and sometimes I leave it on the seat. Leaving it on the seat, I constantly have to readjust it to make sure it's in plain view. In my holster, if I have both hands on the wheel, it's in plain view. It could be argued that being in the holster particially hides it but it would take a very over zealous cop to argue that IMO. I don't want any trouble with the law so I'll probably leave it on the passenger seat from now on.

 

[MADISON]

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I have carried/hand in my possession/vehicle a firearm since I became 21. I am 67 now. Depending on how and where I carry either open or concealed. Virginia requires a CCW permit to have a handgun that is neither visable or in a locked IN-ACCESSABLE AREA. i RECENTLY GOT A ccw PERMIT SO WE CAN CARRY A FIREARM IN THE CAR.