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Carrying in a small car = pain and suffering

The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
First, let me say, User is an established criminal defense attorney with over twenty years experience. Anything he says about the law carries a lot of weight.

OK. If I understand you, the issue is "lawfully transported". I am unaware of any VA statutes specifically forbidding transporting a gun concealed. This is not to say one wasn't enacted when I wasn't looking in the last two years. That is to say, my understanding is that 18.2-308 prohibits carrying concealed without respect to where--pocket, car, briefcase, head-dress.

I am unaware of any VA statute that says "as long as it is plainly visible it is being lawfully transported" or words to that effect. Generally, criminal statutes prohibit activities, rather than specify what is approved. That is to say, as long as one does not do what is prohibited, he is legal. An example often used on this forum in the old days was to ask, "what law makes it legal for you to wear that red shirt?"

Thus, as long as my gun is not concealed, I am not in violation of the statute, generally speaking. If its in plain view, its not concealed. If its in the trunk and I'm in the driver's seat, its not being "carried" in the sense contemplated by the statute--accessible for immediate use.


Stupid question - but this exchange has been bothering me for a number of days. Were you simply trying to explain to me how vehicle carry and vehicle transport are different?
 
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