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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

Posted on 01/07/2020 10:40:25 AM PST by 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.


TOPICS: Constitution/Conservatism; Government; US: Virginia
KEYWORDS: 2ndamendment; banglist; cwii; guncontrol; guns; helmer; herring; justinfairfax; metoo; northam; nra; ralphnortham; secondamendment; virginia
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To: CottonBall

This time they jumped the gun in the wrong state.
Its been 20 years, or longer, since the dems controlled all three branches. The new group of fascists is more in the mold of the “squad” in DC. They don’t have the patience to go the slow route.
They’ve forgotten that Virginians remember both times the state was occupied by hostile powers. Once during the revolution and once after the civil war.
Northam and his acolytes need to heed the words of Robert Edward Lee when he learned Virginia had voted for secession...”No good can come of this.”


81 posted on 01/08/2020 10:38:28 AM PST by oldvirginian (I know not what course others may take but as for me Give me Liberty or give me death)
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To: oldvirginian

“The new group of fascists is more in the mold of the “squad” in DC. They don’t have the patience to go the slow route.”

So the Democrats in Virginia now are more like the Bolsheviks than Mensheviks, wanting it faster and violent if need be. They might be getting the latter, but not coming from within.

We were going to move to Virginia at one time, or North Carolina or Tennessee. Anywhere around the Appalachians. The trend and how they both voted though made us stick to Tennessee. So sad to see those beautiful States invaded with the Yankees. ( I only say that because I can’t even count how many times I have heard that here. People here are still holding a grudge.)


82 posted on 01/08/2020 1:13:10 PM PST by CottonBall (This space for rent.)
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To: mikelets456

Are you kidding me with that response?? That the stinking communists of the Dimo party would actually follow the US Constitution as written?? Good grief, how much, how many times, do those punks screw the Constitution and do what they want to do? How many times did Obama bypass the law and do what HE wanted to do?? Hundreds!!! He did what he wanted to do and damn the Constitution. The stinking dimocrats say to hell with the Constitution. They would burn it as worthless if they could get rid of it. One day, when they have both houses of congress and the WH, THEY WILL burn that piece of paper and write their OWN laws and to hell with the public.


83 posted on 01/08/2020 1:32:26 PM PST by RetiredArmy (The Bible tells us the happenings of the Last Days. Those days are HERE! Deny it at your own peril)
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To: CottonBall

Full blown Bolshevik.

I don’t blame you for picking Tennessee. Outside of Memphis and Nashville a very nice place. I had thought about relocating but my mom is slowing down and I don’t want to leave her. Plus I’m a born and bred Virginian and refuse to run from this fight.

Southerners have long memories.
I grew up learning from people who lived with the devastation that “reconstruction” brought. Lots of people here still hold that grudge.


84 posted on 01/08/2020 2:58:48 PM PST by oldvirginian (I know not what course others may take but as for me Give me Liberty or give me death)
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To: oldvirginian
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.

Really. So an affirmative defense means that you can still be arrested, jailed, firearm confiscated, you just get an auto-win when you take a day off work for your court case. Why not just say "clause (i) doesn't apply"?

Cause they want to leave an opening for harassment of gun owners in there, even while not technically outlawing them. Like they like to say: you may beat the rap, but you won't beat the ride.
85 posted on 01/08/2020 4:12:27 PM PST by Svartalfiar
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To: cyclotic
So he just made every contractor in the state a criminal. It’s illegal to carry a razor unlocked?

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.

No, they didn't. If I'm reading this correctly (which I am, based on the actual text of the law), These bans only apply if you're trying to make something disguised for carrying. That last part of the paragraph isn't inclusive, it is the definition of the banning clause at the very beginning. "Hidden from common observation" ONLY INCLUDES items that are deceptively disguised. So you can still carry all these items, as long as they're just hidden under your shirt or in a pocket. You aren't disguising them, you're just concealing them. What you can't do is carry around a sword-cane, or one of those mini-knife necklaces. Or the single-shot phone-pistol.

Disclaimer: I am 99.99% positive my reading is NOT what the Gov and the bill's author intend, but that is definitely the way a plain reading of the text is to be interpreted.

Disclaimer II: I'm sure VA bans several of these and other stuff (balisongs, flamethrowers, whatever else people mentioned above) in other parts of the law. There's no way VA is banning razors but not flamethrowers. I assume they're covered already/elsewhere.
86 posted on 01/08/2020 4:21:03 PM PST by Svartalfiar
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To: oldvirginian

I sure hope you Southerners are able to take your State’s back. It’s sad what has become of Virginia and North Carolina with an invasion from the north. Or wherever they come from!

I’m betting this issue is going to get the normally calm and amenable people to react.


87 posted on 01/09/2020 7:11:01 AM PST by CottonBall (This space for rent.)
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To: CottonBall

I can speak only of Virginia and doing so I believe only separation from the beltway counties can truly save any vestige of the old Virginia. Maybe throw in some of the north eastern coastal counties as well.
Maybe we keep Richmond maybe we don’t.

The calm, amenable and law abiding folks are riled.
How this shakes out is to be determined. Stay tuned.


88 posted on 01/09/2020 9:14:08 AM PST by oldvirginian (I know not what course others may take but as for me Give me Liberty or give me death)
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To: oldvirginian

“The calm, amenable and law abiding folks are riled.
How this shakes out is to be determined. Stay tuned.”

I definitely will. And your conservative brothers and sisters in East Tennessee are ready to help, if need be.


89 posted on 01/10/2020 6:32:15 AM PST by CottonBall (This space for rent.)
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To: Texas resident

So, their “detail” can be “tested”. We are not ruled by these people-— it is only by our CONSENT.

Fight legally. Y’all send $ to NRA-ILA. Then GOA, and every other organization. Shall not be infringed.

And don’t let them get away with “compromise” and “grandfather” ... BULL CRAP. Grandfather what is currently nationally legal as a semi-automatic rifle, and/or semi-auto pistols. No... JUST No.


90 posted on 01/14/2020 12:06:22 PM PST by John S Mosby (Sic Semper Tyrannis)
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