As in a trunk gun. A loaded ar behind the seat maybe.

It's a concealed handgun permit.

In terms of carrying loaded long guns, be aware of these provisions:

1. A CHP exempts you from this one: http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/

2. You also have the hunting-related local laws authorized by this section: http://law.lis.virginia.gov/vacode/title15.2/chapter9/section15.2-915.2/

Thank you.

Hello Brethren,

I haven't lived in state for nearly two decades, though I travel and stay often to visit family in Clark, Frederick, Harrisonburg, Loudon and Richmond and own property.

Queries: Is it still legal in the Commonwealth to open carry a loaded pistol in plain view in a motor vehicle without a permit
as it was decades ago?

What restrictions are there on loaded long guns in vehicles? It looks like there are some restrictions in jurisdictions for open carry of long guns, mag size, stock type etc.

The code is dense, so how does it all shake out.

If there is a layman's guide published somewhere? VCDL?  please point the way if so

On the way to Thanksgiving in and around Richmond and want to go beyond unloaded, cased in a separate compartment as usual this time due
to the interesting times our Dear Leader is foisting upon us.

Thanks Forward

Sic Semper Tyrannis

Yes. You can also now have it in a "secured container" such as the console, glove box, briefcase, loaded. Doesn't have to be locked.

The Virginia Gun Owner's Guide.  Bloomfield Press.

Virginia has NO lethal force statuette laws.
NONE.
Not for you, me, or the police.
It is all case (AKA 'common') law.
Since we did not have a Court of Appeals till the early 1970s much of it is State Supreme Court rulings.

The Circuit Courts and Court of Appeals are suitably intimidated.

AR pistol with a Sig brace is covered under a CHP.

This, but I think the burden of proof would fall on the defendant to prove that it was a "pistol". I say this because the default rule is that having a weapon concealed is illegal. There is an exception for concealed handgun permit holders. This would require an affirmative defense, and that would require proving that the weapon was indeed a handgun.

Knowing something in the common parlance of the gun world, and showing it in court are not the same.

Just some random musings.

An AR with no stock is defined as a handgun by federal law, not just by "common parlance of the gun world."

I'm not sure if you've kept up with the whole SIG brace debacle, but depending on how you used and/or intended to use it, there would be a pretty good argument that a SIG brace is a stock.

In which case, the whole state law handgun versus rifle issue for carry purposes is the least of your worries. Your main concerns are the federal and state SBR laws.

There is no case law on the SIG brace, only confusing ATF letters. You have zero state law interpretation of the SIG brace. You have both state and federal laws that make possession of an unregistered SBR a felony. The probability that the police and magistrate who decide whether to charge you have even the slightest clue about these nuances is pretty much zero. The cop can easily show the magistrate how you shoulder the gun with the SIG brace, that it's functionally identical to a stock, etc.

In other words, I'd personally steer clear of the SIG brace (and similar items) entirely. Not worth it.

YOU are going to have to make that argument in a Virginia Court.
What the Feds may consider it might be taken as advisory but not necessarily statutory or definitive.

Tread lightly.
The state can define as it wishes.

Personally, I'm willing to run afoul of hunting laws if I'm somehow discovered to have a loaded rifle in my vehicle.

Exactly. And then YOU will have to argue that THIS PARTICULAR weapon meets the guidelines that the feds set for defining what a handgun is.

Certainly not as quick and easy as some would think.


Do I think that the Virginia CHP covers a pistol-length AR with a Sig brace?

Yes.

Do I think that it would be an easy court battle, if a cop and CA wanted to push it?

No.

The STATE is under no requirement to follow the feds rules.
Absent state rules they COULD look to the feds for guidance but are NOT required to follow those rules.

Yes, this is the point I was making, piggybacking off of the quote above me.

My point was that even if Virginia DID adopt the federal definition, it would still be up to the defendant to prove that the particular weapon in question met that defined exemption.

All the government would have to prove is that it was a firearm, and that it was concealed (hidden from common observation). The affirmative defense would then fall on the defendant to prove the CHP exemption covered him.

Not as clear cut as folks think, and not cheap.

So, let's say it's not an AR pistol that's concealed in the car but a AR rifle. What is the law pertaining to a long rifle/ assault rifle being loaded and stuck behind the seat ? ( hunting seasons aside )

A rifle, concealed and immediately accessible behind the driver's seat?

Would probably violate 18.2-308 Concealed Weapon.

Applicable sections would be:

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; . . . he is guilty of a Class 1 misdemeanor. . . . It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

See, Code of Virginia § 18.2-308

If it weren't concealed, the hunting regulations (which are split up by county and incredibly confusing) would still apply. There are blanket prohibitions against carrying loaded rifles and shotguns in vehicles on public roads in many counties during the entirety of hunting season (which is not just gun deer season, but the entire hunting season).

See, VDGIF Local Hunting Regs

Disclaimer- I'm not an attorney, this is not legal advice, YMMV, etc.

The important thing is that Virginia has NOT adopted the Federal rules and is under no obligation to do so.
Virginia courts do not tend to 'extend' statute laws and we do NOT use the idea of 'legislative intent.'
The 'meaning' of the law is taken from the written statute.

The wording of the CHP law is clear that it ONLY applies to handguns.
Keep in mind the possible level of all the offenses that could be charged.