Posted: 7/17/2011 1:44:01 PM EDT
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We determined that at <21 years of age you can transport a handgun that is secured in a glove box. My question is can that handgun be loaded?
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The guy that the Sherifs deputy had face down out side my house at 0300 this morning had a open carry handgun not in plain view in his car, before he being wrestled to the ground cuffed.he kept stating He did inform the officer at the time of the stop.
Now there is always more to the story the officers stopped him for a reason!! But get your carry rules right if your going to do it! The funny part was I said to my wife" hey there's loads of cops out on the street "(it's a very quiet neighborhood ) she said " Oh my god where's he dog"!!!! 
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It seems like nobody really knows they just spout off their opinion as the law around Roanoke. Roanoke Firearms told me that you must be 21 to even possess a handgun. He said if I'm caught with one that I'm breaking the law. And a guy at PSS training said that I can transport it but it must not be loaded. But, the laws state nothing about loaded weapons.
§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor. This section shall not apply to: 1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property; 2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported; 3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and 4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state. § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. 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; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. 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. |
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Quoted:
Loaded is fine. This question comes up quite a bit in the class that I teach on carry laws. There's quite a few people out there that don't know that its legal for someone 18+ to own/carry a handgun. THIS. Perfectly legal in Virginia. The 21 year rule is to purchase a handgun (or ammunition for a handgun) from an FFL. You can purchase the gun from a private party in Virginia at age 18. |
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So if i'm pulled over and I tell the officer I have a loaded handgun in my glove compartment. If he doesn't know that I'm allowed to, he'll contact somebody that will tell him that it's okay right? Sorry if I sound like a newb but, I am. He may, or he may not. No sure answer there. |
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So if i'm pulled over and I tell the officer I have a loaded handgun in my glove compartment. If he doesn't know that I'm allowed to, he'll contact somebody that will tell him that it's okay right? Sorry if I sound like a newb but, I am. why would you tell the officer anything? |
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So if i'm pulled over and I tell the officer I have a loaded handgun in my glove compartment. If he doesn't know that I'm allowed to, he'll contact somebody that will tell him that it's okay right? Sorry if I sound like a newb but, I am. why would you tell the officer anything? ^ this. |
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If I have to hide the fact that I have a handgun I'll just leave it at home. If they have probable cause I don't want them to think I'm hiding the gun from them thats all. I think if I did go to court it would seem more believable that I did not intend to do harm if I let the officer know the firearm was in the vehicle.
I know that I don't have to tell them it's in my car. I just needed to know if I could have it in my car and loaded. |
| I understand your point and it is good to meet legal requirements, but anything more is your own preference. While not in your shoes, I lean toward having the gun in the car. Any legal trouble (but following the law / confusion on law by the LEO) is better than being unprotected, IMO. |
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If I have to hide the fact that I have a handgun I'll just leave it at home. If they have probable cause I don't want them to think I'm hiding the gun from them thats all. I think if I did go to court it would seem more believable that I did not intend to do harm if I let the officer know the firearm was in the vehicle. I know that I don't have to tell them it's in my car. I just needed to know if I could have it in my car and loaded. your not hiding the fact you have a gun. there is no law saying you have to notify so your not hiding anything. why would you think they are looking for "probable cause"? if they think they have probable cause then they will ask you if you have anything in the car/truck that you think they should know about. if they ask to search your car/truck you still have the option to say NO. not telling an officer you have a gun does NOT show any sort of intent and it would be easily defend-able in court if it ever went that far. your stressing out about nothing. i have been stopped more times than i can count and not once has the officer ever asked to search my car/truck. |