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Posted: 10/12/2023 1:48:07 PM EDT
I was going to post this in the Hometown forum but can't find it.  More of a legal question.  Simply this:

What are the legalities of carrying a long gun in your personal vehicle?  I just perused the VA state Police site, numerous VA codes and cites, there is so much vague information as to make a simple answer difficult.  With long guns in general I understand going to and from a shooting range or a repair shop or FFL, or hunting, among some other similar exceptions is good.   I am concerned specifically with an AR-15 and or a Kalishnikov, so would be considered 'assault' weapon vs a lever or bolt action, etc.   Best I can find, if unloaded and not concealed you are good, with a carry permit you can have it concealed.

The lifting of some of the jurisdictional pre-emption protections further complicates this, but I am less worried about those items for some reasons.

So, over age 21, concealed carry permit, AR-15 ok in the cabin of a vehicle?  In the trunk or otherwise out of reach?  Loaded?  Unloaded?  Anyone have an up to date reliable source and/or competence in this area and would like to help?

If better posted in a different forum I can accept that criticism as well.  It's ridiculous certain people have constructed such a convoluted system - a maze of rules.  I do what I can to contribute to and support any and all pro 2A organizations and politicians.

Thanks for the consideration.
Link Posted: 10/12/2023 2:35:33 PM EDT
[#1]
The HUNTING regulations limit carrying certain loaded long arms in various counties.

Nothing in Virginia code prohibits a loaded long gun per se. However, you may not carry a CONCEALED firearm “on or about your person.”

A loaded rifle in full view is not prohibited unless hunting regulations prohibit.

A loaded rifle concealed in a case may be sufficiently “on or about your person” to get you in trouble.

If I were carrying a rifle, I would case it, unloaded, and with a combination lock on the zipper. Set the tumbler so that you only have to spin the dial one digit to open. I think it highly unlikely a court would find a locked, cased, unloaded rifle to be either “on or about your person,” or “readily accessible,” or in violation of a hunting regulation.

Moreover, the locked container - no matter how obviously it appears to be a gun case - would require a search warrant to open and inspect.

Never consent to a search, and shut your fucking mouth. Give the man your ID, and follow any instructions about remaining in the vehicle or getting out of the vehicle. All of it will be recorded. Make your own recordings if possible.
Link Posted: 10/12/2023 4:43:16 PM EDT
[#2]
IIRC Roanoke city and a couple of NOVA localities prohibit loaded long guns.
Link Posted: 10/13/2023 7:31:39 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By W_E_G:
The HUNTING regulations limit carrying certain loaded long arms in various counties.

Nothing in Virginia code prohibits a loaded long gun per se. However, you may not carry a CONCEALED firearm “on or about your person.

A loaded rifle in full view is not prohibited unless hunting regulations prohibit.

A loaded rifle concealed in a case may be sufficiently “on or about your person” to get you in trouble.

If I were carrying a rifle, I would case it, unloaded, and with a combination lock on the zipper. Set the tumbler so that you only have to spin the dial one digit to open. I think it highly unlikely a court would find a locked, cased, unloaded rifle to be either “on or about your person,” or “readily accessible,” or in violation of a hunting regulation.

Moreover, the locked container - no matter how obviously it appears to be a gun case - would require a search warrant to open and inspect.

Never consent to a search, and shut your fucking mouth. Give the man your ID, and follow any instructions about remaining in the vehicle or getting out of the vehicle. All of it will be recorded. Make your own recordings if possible.
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Appreciated - re; the bolded part - I have a concealed carry permit - are you referring to guns in general or just long guns?
Link Posted: 10/13/2023 7:32:05 AM EDT
[#4]
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Originally Posted By wingsnthings:
IIRC Roanoke city and a couple of NOVA localities prohibit loaded long guns.
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I know - that's a maze of nonsense.
Link Posted: 10/13/2023 7:51:55 AM EDT
[#5]
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Originally Posted By wingsnthings:
IIRC Roanoke city and a couple of NOVA localities prohibit loaded long guns.
View Quote


Source?
Link Posted: 10/13/2023 8:56:26 AM EDT
[#6]
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Originally Posted By apexcrusade:



Appreciated - re; the bolded part - I have a concealed carry permit - are you referring to guns in general or just long guns?
View Quote


If you have a concealed carry permit for a HANDGUN, you may concealed-carry a handgun wherever such carry is not otherwise prohibited. You may notice the hunting regulations talk about rifles and shotguns, and also about DISCHARGE of firearms. The hunting regulations don’t contemplate carry of handguns.
Link Posted: 10/13/2023 9:01:45 AM EDT
[Last Edit: W_E_G] [#7]
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Originally Posted By VACaver:


Source?
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Originally Posted By VACaver:
Originally Posted By wingsnthings:
IIRC Roanoke city and a couple of NOVA localities prohibit loaded long guns.


Source?


I suspect he is talking about the statute limiting magazine capacity in specific cities and counties.

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/

That statute does NOT apply if you have a concealed handgun permit.

§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.

1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813; 2016, c. 257.
Link Posted: 10/13/2023 9:18:04 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By W_E_G:


I suspect he is talking about the statute limiting magazine capacity in specific cities and counties.

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/

That statute does NOT apply if you have a concealed handgun permit.

§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.

1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813; 2016, c. 257.
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Thanks. I've never heard of such a restriction in Roanoke and see that it isn't mentioned there.

Link Posted: 10/16/2023 12:34:47 PM EDT
[Last Edit: apexcrusade] [#9]
I might present this to an attorney who is proficient in the 2A and such issues in Virginia.   I get flumoxxed by the interjection of hunting restrictions when addressing this issue.  If I am not hunting, does all of that not apply?  Or, are the hunting regs ie long guns used in VA to outline the rules for long gun carry for everyone?  In other words does there exist no other cites or provisions restricting long gun possession/carry outside of the hunting regulations?
Link Posted: 10/16/2023 12:59:44 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By apexcrusade:
I might present this to an attorney who is proficient in the 2A and such issues in Virginia.   I get flumoxxed by the interjection of hunting restrictions when addressing this issue.  If I am not hunting, does all of that not apply?  Or, are the hunting regs ie long guns used in VA to outline the rules for long gun carry for everyone?  In other words does there exist no other cites or provisions restricting long gun possession/carry outside of the hunting regulations?
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“I’m not hunting, so the county regulations don’t apply” is not a defense.

You might prevail on a Second Amendment argument.
Link Posted: 1/7/2024 9:24:21 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By W_E_G:


If you have a concealed carry permit for a HANDGUN, you may concealed-carry a handgun wherever such carry is not otherwise prohibited. You may notice the hunting regulations talk about rifles and shotguns, and also about DISCHARGE of firearms. The hunting regulations don’t contemplate carry of handguns.
View Quote

Except to say that if you have a CCW, you can carry it while hunting during seasons where firearms are prohibited. You cannot use it to hunt, but you can carry.
Link Posted: 3/24/2024 4:21:32 PM EDT
[#12]
bump.  still searching for answers
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