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Posted: 9/5/2010 2:07:08 PM EDT
Next week I'm gonna travel through VA into TN. TN law says I can carry a long gun in my vehicle with a loaded
magazine and the chamber empty. WITH my CCW.

What does VA say about this? Yes, I read the sticky at the top of the page.

Thanks.
Link Posted: 9/5/2010 2:41:24 PM EDT
[#1]
There's no state law, but check the counties you'll be driving through

§ 15.2-1209.1. 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, for the purpose of hunting, 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 for purposes other than hunting, or to persons acting at the time in defense of persons or property.


This section empowers the governing body of any county or city to, 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 theprovisions 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 rifleor shotgun is necessary for his personal safety in the course of his employment or business.

http://www.vsp.state.va.us/Firearms_Transporting.shtm
Link Posted: 9/5/2010 3:40:56 PM EDT
[#2]
Thanks.
Link Posted: 9/6/2010 6:48:00 AM EDT
[#3]
Remember that the Virginia CCW permit is not a concealed WEAPON permit, but is a concealed HANDGUN permit. It doesn't give you the authority to carry a concealed knife or long gun. Only a handgun.
Link Posted: 9/7/2010 7:24:41 AM EDT
[#4]
"Loaded" in Virginia= round in the chamber.


In theory you should be fine, however there are some technicalities that an "exuberant" LEO could use to nail you under the concealed weapons laws. The hunting laws don't apply because they only address loaded weapons.

What I'd be more worried about is someone having a problem with the rifle constituting a "hidden from common observation" concealed weapon that wasn't covered by your permit (IOW,not a handgun).
I suspect in almost every rural jurisdiction, that you'd be fine with an unloaded rifle in the seat next to you,with mag engaged in the rifle. However in a big city, with an AR shoved down next to the passenger seat and a loaded mag engaged (which your fellow drivers would not be able to see), you might end up getting hassled.

Now,if you're talking about an unloaded long gun with an engaged mag sitting in the trunk our out of reach, then you'd be fine in any jurisdiction.





Link Posted: 9/7/2010 7:59:09 AM EDT
[#5]
Quoted:
"Loaded" in Virginia= round in the chamber.


In theory you should be fine, however there are some technicalities that an "exuberant" LEO could use to nail you under the concealed weapons laws. The hunting laws don't apply because they only address loaded weapons.

What I'd be more worried about is someone having a problem with the rifle constituting a "hidden from common observation" concealed weapon that wasn't covered by your permit (IOW,not a handgun).
I suspect in almost every rural jurisdiction, that you'd be fine with an unloaded rifle in the seat next to you,with mag engaged in the rifle. However in a big city, with an AR shoved down next to the passenger seat and a loaded mag engaged (which your fellow drivers would not be able to see), you might end up getting hassled.

Now,if you're talking about an unloaded long gun with an engaged mag sitting in the trunk our out of reach, then you'd be fine in any jurisdiction.







PS,

Do you know where in VA law a loaded gun is defined?

I had always taken loaded gun to mean in the chamber, in an attached magazine such as a tubular magazine or with a loaded removable magazine inserted in the gun.

I was so sure you were wrong that I started searching VA laws and DGIF regulations looking for the definition of a loaded gun, and I can't find one.

I'm wondering if I can't find it because it is defined in case law.
Link Posted: 9/7/2010 11:04:27 AM EDT
[#6]
Quoted:


PS,

Do you know where in VA law a loaded gun is defined?

I had always taken loaded gun to mean in the chamber, in an attached magazine such as a tubular magazine or with a loaded removable magazine inserted in the gun.

I was so sure you were wrong that I started searching VA laws and DGIF regulations looking for the definition of a loaded gun, and I can't find one.

I'm wondering if I can't find it because it is defined in case law.

"Loaded weapon" is only defined in VA administrative code 4VAC15-40-60, where it is specifically limited as "For the purposes of this section", which pertains only to possession on specific state property (state forests,parks,wildlife management areas,etc). That's the language that prohibits possession of weapons on DGIF or DOF property during non-hunting seasons.
"Loaded" in the context of firearms is not defined in VA statutory law. For possession outside of the context of the the administrative code, I'd default to the standard definition of a loaded firearm: a round chambered.



Link Posted: 9/7/2010 11:31:13 AM EDT
[#7]
"Now,if you're talking about an unloaded long gun with an engaged mag sitting in the trunk our out of reach, then you'd be fine in any jurisdiction."

This. Heck I'll even leave the loaded mag out of the rifle.

Thanks guys.
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