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Posted: 2/2/2024 1:42:52 PM EDT
Does anyone know what Va. Law says about the minimum age to have a loaded handgun in a vehicle is. I know the laws have changed somewhat over the last few years, but not sure if any changes were make to minimum age. My Daughter lives in Va. and is 19 and would like to keep her handgun loaded in her vehicle sometimes.
Link Posted: 2/2/2024 4:47:57 PM EDT
[Last Edit: Ambridge77] [#1]
I've checked, and am still reviewing the law.

I'm embarrassed I don't know my own state law for sure,
but it's gotten so confusing with the back and forth legal
crap.

Do not take my opinion as law, but I think it's legal if
your daughter "secures" the loaded firearm.

Please verify my post with more knowledgeable members,
and good luck!
Link Posted: 2/2/2024 5:55:18 PM EDT
[Last Edit: rookie421] [#2]
I am not aware of a minimum age to carry. In Va. we have open carry with out any permit and concealed carry with a permit. You have to be 21 years old to get a carry permit.

Concealed carry is covered under state law 18.2-308. There are a lot of sub sections to the law, here is a link to the state law website covering 18.2-308

The part that would interest you is 18.2-308 subsection c, part 8:

C. Except as provided in subsection A of § 18.2-308.012, this section shall not apply to:

8. 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;

18.2-308.012 makes it illegal to carry while high or drunk and consuming alcohol at a restaurant while carrying, even if not drunk.

Hopefully this helps.


Eta: while not spelled put in the law, it is commonly accepted that a glove box or center console is a secure storage. It does not have to be locked or lockable.
Link Posted: 2/4/2024 11:01:56 PM EDT
[#3]
According to handgunlaws.us, they state that the minimum age for open carry is 18 ( and she does on occasion) but doesn't state any age for having a loaded handgun in a vehicle console or glovebox. I know they are not official legal advise, but I'm not able to verify this through any other means. I have looked at the Virginia code and did not find any answers, that's why I posted here.
Link Posted: 3/2/2024 10:09:53 AM EDT
[#4]
Go to your courthouse and speak to the DA.

I am in a small town west of Richmond. Our DA taught my wifes CCW class.

Never hurts to contact your lical PD or State PD.
Link Posted: 3/2/2024 10:58:14 AM EDT
[#5]
IANAL, but had an exchange with a few lawyers on this very subject a few years back when my son turned 18.

VA is a case law state, so many things are not explicitly stated in state law but are derived from prior case decisions.

A previous VA AG provided written interpretation/opinion of the "secured in a container or compartment" section, and I've not heard of anything since then overriding that interpretation (and I try to track such things). He stated that the securing device (glove box, center console, pistol case, etc.) did not need to be locked, or even lockable. But by case law, there does have to be some form of securing (clasp, latch, catch, zipper, etc.). So if your center console only flops open - no-go, but if it has even a spring-loaded catch, then good to go.

So a loaded handgun may be kept in your vehicle in VA (in legal locations - some locations are no-go such as schools with some exceptions) if you are of legal age to possess it (18 - with exceptions in certain localities based on magazine capacity due to interpretations of "assault weapons" - don't recall full restrictions on locations, etc., but some localities don't allow greater than 20-round magazines unless possessor has a CHP) as long as it is "secured" within an enclosure that has some sort of positive retention to the enclosure's access.
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