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.

[who knows what evil?]

Boycott soviet Virginia...deport illegals.

[Eleutheria5]

This is starting to look a lot like NYC. And I remember legally owning guns there only too well. They never found out about any illegal one that I toted, because I never had to use it.

[Mariner]

that pic reminds me of a buddy in a small town in central Nevada who keeps a .357 under one arm, a Beretta PX4 .45 under the other...everywhere he goes.

Everywhere.

And an AR behind the seat with 3 full magazines.

[Bob434]

Are there any Patrick Henry’s left?

Will the people say, along with Parker of old:

Captain John Parker was their leader, and he spoke firmly: Hear It Now - Captain John Parker “Stand your ground. Don’t fire unless fired upon. But if they mean to have a war, let it begin here.”

[Karl Spooner]

[teeman8r]

sounds like an infringement to being able to bear arms...

i wonder if that would hold up in court.

hmmm..

[cnsmom]

I guess everyone should go by horseback in VA these days and get a lockbox for the tractor.

[teeman8r]

when is the march on richmond...

[Roman_War_Criminal]

Virginians have been usurped by H1-B Visa holders from 3rd world cesspools, swamp-monsters, and communists.

They are going to make California look like a pro-gun state after they are through with this session.

[Ohioan]

I think that the measures being considered are so hostile to the rooted citizenry, that this may lead to a case that defines what the guarantee of a Republican form of Government, in the Constitution, was actually intended to accomplish. These people are turning the heritage of the rooted Virginians upside down.

Drastic incursions against a people's heritage, require drastic responses. And it would save a lot of very real misery & despair, if--for a change--judicial meddling with Virginia's institutions were to protect the rights of her rooted citizens to the freedoms they won on the battlefield at Yorktown. Time for a benefit--for a change.

[Bloody Sam Roberts]

Welcome to Massachusetts.

[laplata]

“Our Tree of Liberty is parched these days”.

It needs a great amount of nourishment. I think it’s going to get watered soon.

[skimbell]

I would be surprised if there wasn’t a local uptick in Ranch Rope sales.

[Midwesterner53]

The Democrats are producing the rope that will hang them with this avalanche of lunacy.

[Vaden]

11th line posted above:

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.

[polymuser]

Lawyers and judges (also lawyers) are exempt, eh?

THAT tells us everything we need to know: lawyers consider themselves exempt from the laws that politicians (mostly lawyers) make and judges (lawyers) rule on.

Lawyers: Domestic Enemy #1

[Vendome]

Not mention nail guns and staple guns...

Jack asses....

[Highest Authority]

Virginia is for losers! Politicians, that is. Looks like it’s time for Virginia Patriots to dig up what’s buried.

[mikelets456]

“Well this is what VA gets for electing a bunch of radical communists to offices in their state....”

___________________________________________________

Please, I know we’re fighting for the same freedoms, but I hate this response. We’re a Constitutional representative republic. That means the Constitution can not be altered by our Reps no matter what polls state and what the citizens think or want——these are written God given rights that government can not change unless the following is done: If they don’t like the 2A and state equivalents? Then get 2/3 of the House and senate and President along wit 3/4’s of the states to agree on a convention then change it during that time-——THEY ARE NOT ALLOWED TO BYPASS THE CONSTITUTION-—PERIOD! We are to hold them accountable and what they’re doing is illegal! No matter who gets voted in the Bill of Rights can not be bypassed unless how I mentioned above-—period!

[Vaden]

11th line posted above:

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.

I don’t like this but it looks like concealed permit holders are exempt the way I interpret it.