Legal Question: Rifle or shotgun in truck.

[ARCHIVED THREAD] - Legal Question: Rifle or shotgun in truck.

Posted: 3/26/2006 6:11:51 PM EDT

I have always though that it was a no no to have a loaded rifle or shotgun in your automobile.

I have a Concealed Handgun Permit, so my "truck gun" is a handgun. But I have seen a few posts in the GD and other forums with VA labled people saying their "truck gun" is a shotgun or rifle.

What say ye?

Posted: 3/26/2006 6:56:36 PM EDT

[#1]

Quoted:
I have always though that it was a no no to have a loaded rifle or shotgun in your automobile.

I have a Concealed Handgun Permit, so my "truck gun" is a handgun. But I have seen a few posts in the GD and other forums with VA labled people saying their "truck gun" is a shotgun or rifle.

What say ye?

Last year the law was changed to exempt CCH permit holders....

Posted: 3/26/2006 7:40:14 PM EDT

[#2]

Quoted:
Quoted:
I have always though that it was a no no to have a loaded rifle or shotgun in your automobile.

I have a Concealed Handgun Permit, so my "truck gun" is a handgun. But I have seen a few posts in the GD and other forums with VA labled people saying their "truck gun" is a shotgun or rifle.

What say ye?

Last year the law was changed to exempt CCH permit holders....

So since I have a CCH permit, I can carry a loaded AR in my truck?

Posted: 3/26/2006 10:26:50 PM EDT

[#3]

Except some hunting regs may apply to long guns and they vary from locality to locality and time of year. www.dgif.virginia.gov/hunting/regulations/local_regulations.asp

Posted: 3/27/2006 9:17:28 AM EDT

[#4]

And you cannot conceal a long weapon.

Posted: 3/27/2006 9:33:41 AM EDT

[#5]

Check out the definition of "loaded" in Virginia. Loaded in VA means a loaded magazine which is engaged in the weapon. Loaded magazines that are seperate from the rifle do not constitute a loaded weapon.
"Truck gun" in this context probably = rifle with ammunition in a seperate magazine which is not in the rifle's mag well. Obviously this doesn't work so well for traditional shotguns with non-detachable magazines.

Posted: 3/27/2006 9:41:21 AM EDT

[#6]

So I have a crew cab pickup truck. There is a space behind the back seat the is the perfect size for an AR-15. I have a CCH permit.

Can I keep the AR there with a loaded mag next to it?

Posted: 3/27/2006 10:02:40 AM EDT

[#7]

Quoted:
So I have a crew cab pickup truck. There is a space behind the back seat the is the perfect size for an AR-15. I have a CCH permit.

Can I keep the AR there with a loaded mag next to it?

Ok, I'm looking through Statutory law for the "loaded" definition,but can't find it.
I'm thinking that I may be thinking of hearsay from LEO friends,but I'll keep looking.
Here are a few relevant statutes,courtesy of Virginia State Police:
www.vsp.state.va.us/cjis_trans_fire.htm

Posted: 3/27/2006 11:10:34 AM EDT

[#8]

Quoted:
Quoted:
So I have a crew cab pickup truck. There is a space behind the back seat the is the perfect size for an AR-15. I have a CCH permit.

Can I keep the AR there with a loaded mag next to it?

Ok, I'm looking through Statutory law for the "loaded" definition,but can't find it.
I'm thinking that I may be thinking of hearsay from LEO friends,but I'll keep looking.
Here are a few relevant statutes,courtesy of Virginia State Police:
www.vsp.state.va.us/cjis_trans_fire.htm

§ 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.

So worst case senerio is a $100 fine?
I can live with that.

Posted: 3/27/2006 11:32:16 AM EDT

[#9]

Not to mention:
This section empowers the governing body of any county to adopt ordinances making it unlawful for any person to carry or have in his possession while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles, or to persons acting at the time in defense of persons or property.

Posted: 3/27/2006 12:14:54 PM EDT

[#10]

A friend got arrested years ago for having a loaded handgun behind his seat in a pickup. It was dismissed in court (though he had a good lawyer$$$$) because "it was inaccessible".

Posted: 3/27/2006 12:19:54 PM EDT

[#11]

Quoted:
A friend got arrested years ago for having a loaded handgun behind his seat in a pickup. It was dismissed in court (though he had a good lawyer$$$$) because "it was inaccessible".

Does not matter if you have a CCH permit.

Posted: 3/27/2006 1:06:44 PM EDT

[#12]

Quoted:
Quoted:
A friend got arrested years ago for having a loaded handgun behind his seat in a pickup. It was dismissed in court (though he had a good lawyer$$$$) because "it was inaccessible".

Does not matter if you have a CCH permit.

He did not have a CHP. He was arrested in the early 90s before we regular folks could get CHPs.

Posted: 3/27/2006 1:23:47 PM EDT

[#13]

If you get pulled over by a game warden and you have a loaded rifle in your truck during hunting season and you live in one of those counties where carrying a loaded rifle is a no-no you will be in a world of hurt. You think the ATF is bad. Try explaining to a game warden that the loaded AR isn't for deer. They will probably try to get you on "conspiring to hunt deer with an unlawfull weapon or something".

FYI I usually have my AR or shotty behind the seat of my truck.

Posted: 3/27/2006 2:58:36 PM EDT

[#14]

Quoted:
If you get pulled over by a game warden and you have a loaded rifle in your truck during hunting season and you live in one of those counties where carrying a loaded rifle is a no-no you will be in a world of hurt. You think the ATF is bad. Try explaining to a game warden that the loaded AR isn't for deer. They will probably try to get you on "conspiring to hunt deer with an unlawfull weapon or something".

FYI I usually have my AR or shotty behind the seat of my truck.

I guess that is where the definition of "loaded" comes into play.

Posted: 3/28/2006 7:24:11 PM EDT

[#15]

I asked my CCW instructor this question. He said that as long as the magazine and the firearm wasn't "touching", you could have both in the vehicle with the magazine loaded.

Posted: 3/28/2006 7:45:23 PM EDT

[#16]

Quoted:
I asked my CCW instructor this question. He said that as long as the magazine and the firearm wasn't "touching", you could have both in the vehicle with the magazine loaded.

Cool.

This, with two mags in the map pouch of the seat are now in my truck.

[ARCHIVED THREAD] - Legal Question: Rifle or shotgun in truck.

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