This came up in another thread, and I was wondering if anyone here could offer some clarification. From what I understand, this is a new change to the law that took effect recently. And it pertains to those who can lawfully possess a handgun, carry it openly, but do not have a CCP.


§ 18.2-308 of the Code of Virginia.
Personal protection; carrying concealed weapons; when lawful to carry.

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. (new law as of July 2010?)


Does anyone know how this is to be interpreted? What is meant by "secured"; and would the glovebox or closed console be considered a "compartment" in this case?

It used to be, open carry in a vehicle was legal as long as the loaded handgun was in plain view, like on the dash or visible on the seat.

Maybe I'm just picking nits here, but you know how it is these days.

Thanks in advance.

djm,
I don't know if Va. is anything like Mo., but since they made CCW permits available through training, and fees, it is legal for anyone who lawfully owns a handgun, to carry it in a vehicle anywhere in the vehicle, which includes concealed on your person without a permit. But you MUST legally own the gun. That does not cover other types of weapons, like tire knockers, jack handles and such. for those items you must have the CCW permit, which is a concealed weapons permit not only firearms. It used to be that the gun had to be visible from 3 points outside of the vehicle. So now here in this State as long as you are legally in possession of the gun and do not brandish it, you can carry it loaded in your vehicle anyplace in the car or on your person, but if you get out of the car with it concealed you must have the permit.
I think a few other states adopted the same policy after they allowed the issuance of CCW permits.
Hope this helps,
Peace,
gordon

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better have that checked

You can go to vcdl.org and ask your question there but I bet you can read the updates and get all the info you need there. It is a great site !

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Why duck?? It's a 9mm!

Thanks for the lead. Here's what I found at Virginia Citizens Defense League, Inc. (VCDL)


MOTOR VEHICLES AND VESSELS

For those who do not have a CHP, starting July 1 they can have a
loaded handgun with them concealed in their motor vehicle or vessel as
long as the handgun is secured in a container (such as a zipped bag,
closed gun case, closed briefcase, etc.) or in a compartment
(glovebox, console, etc.).

NOTE: Remember that if you don't have a CHP, you generally can't
carry a handgun in such a closed container OUTSIDE of your motor
vehicle or vessel.


I don't know how official this source is, but....

You can't conceal it upon your person in your vehicle unless you have a CHP. Previous rules about having it in plain sight have not changed. The "secured" container does not have to be locked; as long as you can legally own a handgun you are GTG.

I'm not an attorney, but the section of the law quoted simply states that a firearm "secured in a container or compartment" while in a vehicle or vessel IS NOT a concealed weapon. Since most of the legislators are lawyers, they frequently lack clarity of expression. There's also a comprehension issue, sometimes wilfully so, in certain parts of Virginia.

While carrying in plain sight may be legal, it isn't necessarily too swift a move. Walking up to a car and seeing a gun isn't a real reassuring sight for police. This is especially true if your vehicle resembles a "vehicle of interest". The change in the law now allows lawful stashing of the piece out of sight.

It pretty common for folks to keep there firearm under or between the seats, in the console, etc. just to keep it from bouncing around. Then if stopped at a checkpoint or traffic stop, you would just throw it up on the dash before contact. It is actually preferred for the LEO to be able to spot it immediately so he can act accordingly. Where I'm at anyway, this is not at all uncommon. Right or wrong, that's how it goes around here. But its good to know now, that you don't have to worry about it, and can just keep it in the console, as many do.

Handguns in Virginia vehicles
The law states that without a CCW a handgun must be "locked" and NOT ACCESSABLE. No, you can not have it in an unlocked glove compartment. You can have it laying on the seat, in the open for everyone to see.

With a CCW permit, you have no such restrictions. You can do what you want to do with the gun.

The law was changed a couple months ago. As far as I can tell, "locked and not accessible" no longer applies.

As of July 1, 2010, a concealed handgun permit is not necessary when 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 following information is provided as a general overview of various state statutes relating to firearms and other weapons.

Means your globebox, console, briefcase, zipper bag, gun box etc. but NOT on your person unless individual has CHP.

This does not apply to shotguns and rifles.