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Posted: 10/9/2015 9:14:03 PM EDT
I see in the VA law that you can have a handgun in the center console or glove compartment. Is it legal to have it in the open? Perhaps in a holster mounted to the center console like this?



Link Posted: 10/9/2015 10:52:54 PM EDT
[#1]
Open carry is legal in Va, including your vehicle. It does need to be in clear observation from the outside. The legal eagles here will give you more of the law facts.
Link Posted: 10/9/2015 11:39:43 PM EDT
[#2]
Can someone cite the law that says it's ok to have gun in glovebox?  Is it ok to be loaded?  I'd heard this was ok but never seen proof.
Link Posted: 10/10/2015 2:01:53 AM EDT
[#3]

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Quoted:


Can someone cite the law that says it's ok to have gun in glovebox?  Is it ok to be loaded?  I'd heard this was ok but never seen proof.
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Doulgerakis v. Commonwealth was the case.




http://www.ammoland.com/2012/05/virginia-attorney-general-clarifies-gun-transport-laws/#axzz3o8s54nnv




Opinion of the then Attorney General.
Link Posted: 10/10/2015 4:37:33 AM EDT
[#4]
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Quoted:
Can someone cite the law that says it's ok to have gun in glovebox?  Is it ok to be loaded?  I'd heard this was ok but never seen proof.
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Right from the VSP website.

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 term “secured” as used does not require the compartment to be locked. OAG opinion 11-111.

click me for the info
Link Posted: 10/10/2015 6:48:19 AM EDT
[#5]
Link Posted: 10/10/2015 8:44:12 AM EDT
[#6]
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Quoted:
Given that a non resident permit is easy to obtain, that would alleviate any concerns.
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I have a non resident Utah and Pa along with my license from NY. I was more looking at mounting a holster on the console for comfort.

We bought property in Sullivan County TN and spend quite a bit of time driving in VA. (Heck around Bristol we don't even know what state we are in from block to block sometimes). In TN I know this is legal but the VA law only says what I posted above.
Link Posted: 10/10/2015 5:52:30 PM EDT
[#7]
Just open carry or get a non resident permit.
Link Posted: 10/10/2015 8:07:36 PM EDT
[#8]
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Quoted:
Just open carry or get a non resident permit.
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Thank you. I'm covered with the licenses I have as far as carry. Just want to know if a holster mounted to the console is legal. VA law says in a console or glove compartment is legal no matter what. Just wondering about outside the console.
Link Posted: 10/11/2015 7:45:05 AM EDT
[#9]
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Thank you. I'm covered with the licenses I have as far as carry. Just want to know if a holster mounted to the console is legal. VA law says in a console or glove compartment is legal no matter what. Just wondering about outside the console.
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Quoted:
Quoted:
Just open carry or get a non resident permit.


Thank you. I'm covered with the licenses I have as far as carry. Just want to know if a holster mounted to the console is legal. VA law says in a console or glove compartment is legal no matter what. Just wondering about outside the console.


I'm sure it is legit but wise, not so sure.  Retain that sucker on your person.
Link Posted: 10/11/2015 10:51:53 AM EDT
[#10]
You are going to have an argument about a holster being a 'closed container.'

Even open carry can start to create issues with plain visibility seated in a car.

Get a CHP
The state police handle applications from non-resident.
Link Posted: 10/11/2015 11:41:26 AM EDT
[#11]
If it's in plain sight, then no issue. The argument would be if the holster blocks the view therefore it not being in plain sight. But if you're covered for carrying with your permits then you have no worries about where it's at in the vehicle anyway.
Link Posted: 10/11/2015 6:56:11 PM EDT
[#12]
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If it's in plain sight, ...
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Varies by jurisdiction.
You are invited to find out.
Link Posted: 10/11/2015 9:29:44 PM EDT
[#13]
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Quoted:
If it's in plain sight, then no issue. The argument would be if the holster blocks the view therefore it not being in plain sight. But if you're covered for carrying with your permits then you have no worries about where it's at in the vehicle anyway.
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This. If you have the concealed permits, why are you concerned with the difference?
Link Posted: 10/11/2015 10:34:24 PM EDT
[#14]
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Quoted:


This. If you have the concealed permits, why are you concerned with the difference?
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Quoted:
Quoted:
If it's in plain sight, then no issue. The argument would be if the holster blocks the view therefore it not being in plain sight. But if you're covered for carrying with your permits then you have no worries about where it's at in the vehicle anyway.


This. If you have the concealed permits, why are you concerned with the difference?



Because of this wording in VA law.

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 term “secured” as used does not require the compartment to be locked. OAG opinion 11-111.

It plainly says a container. Excuse me but being in NY I don't take anything for granted when it comes to handgun law.

I would hate to be legal in the console but get caught up in a holster outside of the console.
Link Posted: 10/11/2015 11:00:33 PM EDT
[#15]
I cannot envision a practical advantage to a holster bolted to a console.
Link Posted: 10/11/2015 11:50:55 PM EDT
[#16]
Am I misreading your responses to vagunnut and jefflebowski?  Do you have a carry permit that Va recognizes?  If yes, then carry however you want to in your vehicle.  If no, then play it safe and put it in the glovebox.

Edit: or are you wanting to know if it is somehow illegal to mount a handgun to the consol specifically?  That section of code you quoted state's legal places you can store a handgun without a license (in the two containers you mentioned, or in plain view i.e. Open carry in the vehicle).  When you hold a valid cwp, that means you can carry it on your person, under the seat, mounted to the ceiling of you want.
Link Posted: 10/12/2015 1:26:09 AM EDT
[#17]
Don't know if you're running a poll ... but I can't see an up-side to a console-mounted holster either.  Under a desktop?  Got'cha.  But in your car?  Seems like the risks outweigh potential benefits.  Using a console-mounted holster implies an awful lot of gun-handling: like for hygiene breaks, shopping, fueling, etc.  Holstered pistols tend not to be negligently/accidentally discharged.

The holster's location (as shown in the picture) will be concealed by the driver's knee while driving, or during a traffic stop ... so the pistol/holster will not qualify as being 'in plain view.'  Absent a lid/cover for your holster, I suspect you will be the one who has to prove that your holster meets the intent of the law here in the Commonwealth, should this aspect be a concern to the officer that pulls you over.  To my recall, the "container" had to have a lid for that provision to apply; the lid would have to be secured (for example, latched shut) but not locked.  

The apparent lack of retention mechanism might make for a rapid draw ... but Murphy always seems to around, especially in vehicular accidents.  In a TA the pistol could become a 'missile.'

Furthermore, when you're parked, the holster will be visible to all passers-by.  If the holster is seen by a scrote, a B&E will likely follow. While your gun obviously won't be in the holster when you aren't in the car, the car's interior will be tossed ... just in case the gun is stored in the vehicle.

Like 6gunsal, I'm wondering if your permit(s) are sufficient for concealed carry in VA or not.  If not get a non-resident permit.

Again, if you're running a poll, I'd vote for a Galco Miami Classic (not the Classic II) or similar shoulder holster.  In my experience () it's comfortable, and not all too difficult to surreptitiously access under the cover garment (an unbuttoned shirt), should the need arise.  (I'm right-handed, so my left hand is on the steering wheel in such an eventuality.)  Plus, with a shoulder holster the gun always remains holstered ... unless the pistol is presented for use. (I've got other holstered guns for IWB carry.)
Link Posted: 10/12/2015 4:22:51 PM EDT
[#18]
If your non-resident permits are acknowledged by Va then you can have the handgun stored anywhere in the vehicle as long as you have the permit. If your permit is not valid in Va then It must either, A: in plain sight , or B: in a closed container ( glovebox or console ). Sometimes I will unholster mine and stick it under the seat or in console, lock the car, if I have to walk in the school to get my daughter. If I didn't have a permit then under the seat is a no-go. My permit pretty much trumps all the bullshit, as will yours so long as it is valid in Va.
Link Posted: 10/12/2015 7:07:13 PM EDT
[#19]
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Quoted:
Don't know if you're running a poll ... but I can't see an up-side to a console-mounted holster either.  Under a desktop?  Got'cha.  But in your car?  Seems like the risks outweigh potential benefits.  Using a console-mounted holster implies an awful lot of gun-handling: like for hygiene breaks, shopping, fueling, etc.  Holstered pistols tend not to be negligently/accidentally discharged.

The holster's location (as shown in the picture) will be concealed by the driver's knee while driving, or during a traffic stop ... so the pistol/holster will not qualify as being 'in plain view.'  Absent a lid/cover for your holster, I suspect you will be the one who has to prove that your holster meets the intent of the law here in the Commonwealth, should this aspect be a concern to the officer that pulls you over.  To my recall, the "container" had to have a lid for that provision to apply; the lid would have to be secured (for example, latched shut) but not locked.  

The apparent lack of retention mechanism might make for a rapid draw ... but Murphy always seems to around, especially in vehicular accidents.  In a TA the pistol could become a 'missile.'

Furthermore, when you're parked, the holster will be visible to all passers-by.  If the holster is seen by a scrote, a B&E will likely follow. While your gun obviously won't be in the holster when you aren't in the car, the car's interior will be tossed ... just in case the gun is stored in the vehicle.

Like 6gunsal, I'm wondering if your permit(s) are sufficient for concealed carry in VA or not.  If not get a non-resident permit.

Again, if you're running a poll, I'd vote for a Galco Miami Classic (not the Classic II) or similar shoulder holster.  In my experience () it's comfortable, and not all too difficult to surreptitiously access under the cover garment (an unbuttoned shirt), should the need arise.  (I'm right-handed, so my left hand is on the steering wheel in such an eventuality.)  Plus, with a shoulder holster the gun always remains holstered ... unless the pistol is presented for use. (I've got other holstered guns for IWB carry.)
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The picture I used was just one from the internet. My plans if I do this is to use the Serpa quick disconnects so the holster will not always be there, just if I decided to use it for a long ride.

Having something like that here in NY would certainly raise an eyebrow.

According to the Virginia State Police website they honor my PA and UT licenses.

http://www.vsp.state.va.us/Firearms_Reciprocity.shtm

Virginia extends reciprocity or recognition to citizens holding both resident and non-resident permits/licenses from the following jurisdictions as set forth below:

Listing of states with which Virginia has Reciprocity Agreements (A formal written agreement exists between the two jurisdictions):  




Alaska
Florida
Kentucky
Mississippi
New Mexico  
North Carolina  
Ohio

Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
West Virginia


Listing of states with which Virginia has mutual recognition (Jurisdictions have informally agreed to honor permits issued by the other):




Arizona

Montana



Arkansas

Nebraska



Indiana

North Dakota



Idaho (Enhanced Lic only)

Oklahoma



Kansas

Utah



Louisiana

Wyoming



Michigan

Link Posted: 10/13/2015 6:17:39 AM EDT
[#20]
Question, since we are sort of on the topic, but does VA differentiate between pistol and handgun?  i.e. is a loaded AR pistol in a vehicle acceptable?  

Zach
Link Posted: 10/13/2015 7:43:29 AM EDT
[#21]
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Question, since we are sort of on the topic, but does VA differentiate between pistol and handgun?  i.e. is a loaded AR pistol in a vehicle acceptable?  

Zach
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No.  In Virginia, a handgun is either a pistol or revolver.
Link Posted: 10/13/2015 1:35:31 PM EDT
[#22]
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Quoted:

No.  In Virginia, a handgun is either a pistol or revolver.
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Quoted:
Quoted:
Question, since we are sort of on the topic, but does VA differentiate between pistol and handgun?  i.e. is a loaded AR pistol in a vehicle acceptable?  

Zach

No.  In Virginia, a handgun is either a pistol or revolver.


It is left for you as an exercise to convince a local cop it is NOT a long gun.

The nuances of federal law will likely be lost on them.

Keep in mind attorneys cost a lot of money.
Link Posted: 10/14/2015 2:56:09 PM EDT
[#23]
I use this.  I have a CHP and open carry is legal here, as has been stated, so I am covered.  But I find this more comfortable for my driving conditions.  Your mileage may vary, but I enter my Jeep, drive a long distance, and get out.  I commute in it.  I don't make frequent stops that make holstering/unholstering necessary.  I think it's happened 3-4 times in the last year.  I leave it unsnapped and can draw and aim faster than I could using any form of a belt based system.  Shy of a shoulder holster, this is a pretty fast draw.

Link Posted: 10/14/2015 3:17:35 PM EDT
[#24]
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I use this.  I have a CHP and open carry is legal here, as has been stated, so I am covered.  But I find this more comfortable for my driving conditions.  Your mileage may vary, but I enter my Jeep, drive a long distance, and get out.  I commute in it.  I don't make frequent stops that make holstering/unholstering necessary.  I think it's happened 3-4 times in the last year.  I leave it unsnapped and can draw and aim faster than I could using any form of a belt based system.  Shy of a shoulder holster, this is a pretty fast draw.

http://s16.postimg.org/ptmmp3ddx/pic.png
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Thanks for the first hand experience. I saw that set up but figured the steering wheel would get in the way, I guess it's not as bad as I thought it would be.
Link Posted: 10/14/2015 3:30:19 PM EDT
[#25]
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Thanks for the first hand experience. I saw that set up but figured the steering wheel would get in the way, I guess it's not as bad as I thought it would be.
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Quoted:
I use this.  I have a CHP and open carry is legal here, as has been stated, so I am covered.  But I find this more comfortable for my driving conditions.  Your mileage may vary, but I enter my Jeep, drive a long distance, and get out.  I commute in it.  I don't make frequent stops that make holstering/unholstering necessary.  I think it's happened 3-4 times in the last year.  I leave it unsnapped and can draw and aim faster than I could using any form of a belt based system.  Shy of a shoulder holster, this is a pretty fast draw.

http://s16.postimg.org/ptmmp3ddx/pic.png



Thanks for the first hand experience. I saw that set up but figured the steering wheel would get in the way, I guess it's not as bad as I thought it would be.



It's entirely possible depending on your make/model, but it doesn't for me.
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