Posted on 11/16/2012 9:22:56 AM PST by marktwain
Misdemeanor charges of possessing a concealed handgun and an open container of alcohol in a vehicle against an Old Dominion University student were dropped in court.
The charges against Te Edwards, 22, were dismissed Nov. 2, court records show.
The charges stemmed from an investigation Aug. 4 near the 7-Eleven at 4720 Hampton Blvd. when police stopped the occupants of a vehicle and questioned them. Edwards said he had a loaded handgun in the glovebox.
A change in Virginia law approved by the General Assembly in 2010 allows guns to be secured in a vehicle's glove box or in a container or compartment in the vehicle whether they're loaded or unloaded. Attorney General Ken Cuccinelli issued an advisory opinion in May saying the container need not be locked.
Edwards' attorney, Kevin Martingayle, said he wrote a letter to the officer who charged Edwards and the officer agreed.
“In my opinion, the two charges should not have been brought, but to the credit of the police officer and the commonwealth’s office, they agreed to dismiss them," Martingayle said.
Admitting it and dropping charges was the right thing. The typical response is that they never admit being wrong, no matter how blatant. Admitting you were wrong is almost always a guaranteed loss any civil lawsuit, so they harden their position. Good for this cop.
What a strange law. I could understand (though I don’t agree with) a law requiring a gun to be stored in a locked container. But an unlocked one? I suspect they just forgot to include the word “locked” when they wrote it.
I visited the area a couple of years ago. It's still skanky.
No, Virginia has very good gun laws. This law is essentially just an extension of the open-carry law.
I am very practical with my 2nd Amendment rights. If you need it, you need it NOW. Forget about locked container.
I’m surprised the open container charge got dropped. I’ve read reports of people getting busted for having empties in the passenger area. In VA, the presumption is that an open container equals drinking while driving.
That is a surprise.
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