Open Carry in a Vehicle?
I have been attempting to research this for the past couple days, and was looking for some assistance. I've found, via Google, posts that refer back to this forum and a couple others from people stating that open carry while in a vehicle is legal. However, I would prefer to find something specifically stated in Virginia law that pertains to this and denotes how the weapon is to be legally open carried (loaded or must be unloaded).
What I've found per law are the following two articles:
Virginia Code 18.2-308
http://leg1.state.va.us/000/cod/18.2-308.HTM
Virginia State Constitution Article I, Section 13
http://legis.state.va.us/laws/search/constitution.htm
18.2-308 has nothing stating anything other than weapon must be unloaded and properly secured in a case basically.
State Constitution Article I, Section 13 is only telling me that my right to keep and bear arms shall not be infringed upon which seems redundant to the 2nd Amendment.
Both articles were either produced from my search, or referenced by others, but as stated previously...neither explicitly seem to provide information on open carrying.
This page:
http://opencarry.org/va.html
...also states that it is allowed, but does not cite a reference or what the status of the firearm has to be.
http://forum.opencarry.org/forums/showthread.php?35009-Open-Carry-in-Car
http://forum.opencarry.org/forums/s...Can-I-carry-in-a-holster-on-my-hip-in-my-Jeep
and...
http://forum.opencarry.org/forums/showthread.php?51878-Car-carry
...were the posts I've found that keep popping up, and the first case law reference on the 2nd thread seems to help a little. The third is the most promising with proper back and forth, and what appears to be clarification. Even someone stating that carrying holstered as if you were open carrying and just sitting down in a seat would not be considered concealed. I would prefer doing that as I don't like the idea of my gun just laying in the seat, especially in the event I would need to make an emergency stop and the gun goes flying:
Been covered many times here before, but.....
If you are carrying the gun openly, that fact that the gun may/may not be visible to someone standing outside the car doesnt change the fact that the gun is still being carried openly by you. Your seated position is normal and you are not doing anything overt to conceal the firearm while driving. Your position is a temporary position.
I understand that laws are there to provide what one may not do, and basically anything not prohibited is permissible (generally I suppose). However, again based on what I found, 18.2-308 seems to prohibit open carry while in a vehicle by stating how one MUST carry a firearm when not a CCW permit holder (which I am not currently, but am working on getting ASAP) as stated in sections 3, 4, and 5:
3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;
4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
...and even that seems like it's telling me I can't carry unless I'm going to a range, gun exhibition, and/or to have the firearm repaired.
I'm just really unsure of how to read all of this, and I think that's kind of the point. Make it confusing so as to trick the person into believing one thing only to have them commit a "crime" so that they can legally disarm you. I really don't wish to do anything to jeopardize my 2nd Amendment right, especially when I'm just now starting to exercise it. Have been around and shot guns almost my whole life, but have either used other peoples guns or rented from ranges until 2 weeks ago when I bought my first. I definitely don't wish it to be my last, however.
Basically I'm looking for something a bit more concrete than "well, my friend said it was ok..." sort of thing. Any help would be greatly appreciated.
On a side note, and placing (hopefully sound) faith in the posts I referenced, I did open carry today. After leaving the shooting range I placed the gun (full mag, but no round chambered) in my passenger seat and ran to Bass Pro Shops in Hampton for ammo, and Zero's in Hampton for lunch before returning home. At each place I parked, holstered the weapon while in the car, and proceeded to do what I needed to do. Both places without any incident and no one that seemed to noticed even cared. It was my first time open carrying, and was pretty neat to be able to do that...legally. Although, I was shaking like a leaf as If I were doing something wrong the entire time lol. :lol: