Virginia HB568 To Require Firearms Transported By Car Or Boat To be Locked Container. No Glove Box Exception

Virginia Legislative Information Tracking System ^ | January 6, 2020 | oldvirginian

[oldvirginian]

HOUSE BILL NO. 568

Offered January 8, 2020

Prefiled January 6, 2020

A BILL to amend and reenact § 18.2-308 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5, relating to carrying or storing firearms in motor vehicles and vessels; exceptions; penalty.

Patron-- Helmer

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-308 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5 as follows:

§ 18.2-287.5. Carrying or storing firearms in motor vehicles and vessels; exceptions; penalty.

A. Any person possessing or storing a firearm in a motor vehicle or vessel shall secure such firearm in a locked container, other than a glove box, that is not within the dominion and control of or readily accessible for prompt and immediate use by any person within the motor vehicle.

B. 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.

C. Any person who violates this section is subject to a civil penalty not to exceed $2,500.

§ 18.2-308. Carrying concealed weapons; exceptions; penalty.

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 is 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. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

C. Except as provided in subsection A of § 18.2-308.012, this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016, wherever such law-enforcement officer may travel in the Commonwealth;

3. Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;

7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;

8. 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;

9. Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and

10. 9. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth.

D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10 9. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery;

4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29; and

5. Harbormaster of the City of Hopewell.

[Texas resident]

Self defense for citizens unworkable while these lawmakers have their own security detail.

[Dr. Sivana]

Since many cars don’t have a locked container (many SUV and hatchbacks) simply driving to a shooting range makes you a felon, arrest on sight and prison time.

I prefer sedans in part because I like having a lockable space that is not visible outside of the car. Even new sedans with a proper trunk, however, are no longer truly locked. The 2018 Avalon I bought for my wife has an opening from the trunk to the backseat (golf clubs, skis, etc.) and a dash mount trunk hatch that only trequires access to the dashboard.

[Ohioan]

These people have no sense of Virginia culture; no respect for the Virginia of Patrick Henry or Thomas Jefferson--or for that matter of Harry Byrd;--and no common sense as to the needs of public safety. They do not understand why the Swiss have an extraordinarily low crime rate; or why General Washington urged the Continental Congress to adopt the Swiss system.

Right & Duty To Keep & Bear Arms

One could try to explain the dynamics of human interaction to the ilk; but their most strident characteristic is a total unwillingness to learn from human experience.

[Trump Girl Kit Cat]

Great way to be able to protect yourself, hope the rapist can wait for you to unlock the box and get your gun INSANITY!!! The Dems will LOSE Virginia!!

[polymuser]

Our Tree of Liberty is parched these days.

[Bob434]

[[But will Virginians actually do anything?]]

Good question- historically only about 3% of population will do anything about it,and that 3% is usually scattered around the state, not organized (until the worst case scenario happens)

States know this, and will count on this fact to strike in different parts of the state at random times, so that people won’t organize into a massive resistance force-

We’re likely to see headlines every so often of a single person who resists, gets killed, then labeled a radical, dangerous etc-

The deal with the Bundy’s was different, people came from all over to band with the bundy family, and resist and made it known that it would get bloody if pushed- the government backed down- somewhat- but ended up arresting them and murdering one of their friends in a calculated ambush in cold blood- and nothing was ever done about that

[Mariner]

Well, now they have gone after even duck hunters.

This is one big bunch of stupid zealots, dangerous if not put in check.

Actually worse than CA which still makes wide latitude for hunters.

[Bob434]

Exactly, they have zero evidence that slingshots are ‘weapons of war’ and should be banned- There is no influx of slingshot deaths or crimes- so this ban is just a nasty retaliatory ban for no purpose other than to be vindictive-

These laws if passed must go to court!

[Hatteras]

This section shall not apply to:

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.
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7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;

Naturally
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10. 9. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth.

Naturally
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D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:
.
.
.
.
5. Harbormaster of the City of Hopewell. (wait, whut???)

The Harbor Master must have let his good friend, the bill writer/politician, know he wouldn't be responsible for anything that may happen to that big, pretty boat down in that primo slip at the ol' Yacht Haven...

[Bob434]

[[Actually worse than CA which still makes wide latitude for hunters.]]

You can bet though that all liberals states are watching VA to see how the people react- if nothing is done, and the people just yell a lot but don’t resist with open civil disobedience, then other states will very quickly follow suit-

[Red Badger]

A dirk is a type of dagger..................

[JerseyDvl]

All this breathless reporting is for naught. This will be taken to court immediately and s judge will issue a stay while it’s resolved.

[GulfMan]

Like this?

[setter]

“But will Virginians actually do anything?”

I hope so but also skeptical. Americans generally give in sooner than later.

[bigbob]

I predict a big jump in the sale of portable flamethrowers.

[Dick Bachert]

ELECTIONS HAVE CONSEQUENCES.

[Mariner]

Many have often wondered what the sequel to The Shot Heard Around The World would look like.

I think we may find out in VA.

[Macoozie]

“the dominion and control of or readily accessible for”

Should be shredded by any capable attorney.

But, it will end up being like “subject to the jurisdiction thereof”.

Guess it will end up meaning whatever the Liberal/Fascist/Socialist Progs declare it to mean.

[WKUHilltopper]

The DemonRats are really trying to set it off. Possibly using the Iran thing as a distraction or a “wouldn’t dare start a war with us when the nation is at war” bet?

But it is obvious they’re establishing an excuse to come after patriots who are armed.

[richardtavor]

Time for Virginians to take back their government. When do state elections happen again?