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pjva04
02-27-2007, 10:07
I have been perusing the Virginia State website and cannot seem to get a clear answer from reading there. What is the law as it pertains to carrying a loaded shotgun (over 18" barrel) or carbine/rifle (semi auto) in my vehicle? If it is allowed, does it need to remain in plain view if I have a CWP, or can I throw a blanket over it.

I have been considering carrying a shotgun behind the seat of my pickup, but want to make sure I am not breaking any law.

SelfDefender207
02-28-2007, 10:23
I don't think there is any law in VA code restricting the carry of a loaded rifle or Shotgun that you are talking about. There may be some restrictions on the amount of rounds one can hold and such. However different localities have restrictions. In Stafford VA, you are not allowed to carry a loaded shotgun or rifle (Stafford Code Sec 26-2) in your vehicle, but right across the Rappahannock river you can in Spotsylvania and Fredericksburg because there is no law against it that I know of. So I think it will depend on what locality you are in. You can look at VA code sections 18.2-287 and 18.2-308 they outline most of the restrictions on possessing and carrying weapons in Virginia. Don't take my word for it though if you are worried I would contact your local govt. for the answer.

vafish
02-28-2007, 10:36
IIRC loaded long guns fall under hunting rules and vary by county.

There is one interesting exception for people who need a loaded shotgun as part of their profession. (wonder if I need one to protect me while carrying computer parts?)

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915.2

§ 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

The governing body of any county or city may 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 the provisions 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 rifle or shotgun is necessary for his personal safety in the course of his employment or business.

(1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)

pjva04
02-28-2007, 10:37
Thanks for the info. Though I have a Fredericksburg address, I am officially in Stafford County, so I guess that is a no no for me.

vafish
02-28-2007, 13:43
http://www.dgif.state.va.us/hunting/regulations/localordinances.asp?fips=Stafford

Stafford
-It is unlawful to hunt with a firearm within 100 yds. of a road.
-It is unlawful to transport, possess, or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway.

watsoncb
02-28-2007, 20:59
Was it last year when the Virginia State Trooper was killed by the loaded rifle that discharged accidently when investigating a car accident - didn't they charge the driver with having a loaded rifle in the car?

dbrowne1
02-28-2007, 21:47
To give a little background, counties and cities in the Commonwealth have only those powers given to them by the Commonwealth. They cannot legislate on their own outside of the areas provided for in their formative documents (charters) and provided in the Code. That's where the Code section above that vafish quoted comes in - it authorizes localities to enact these regulations if they so desire, but does not require it.

So, you'll need to check to see whether the locality or localities in which you will be traveling have any prohibitions.

pjva04
03-01-2007, 04:31
Thanks for the all the info. In Stafford County, where I reside, carrying a loaded shotgun or rifle on public roads is prohibited.

Truckee
03-01-2007, 11:43
Originally posted by watsoncb
Was it last year when the Virginia State Trooper was killed by the loaded rifle that discharged accidently when investigating a car accident - didn't they charge the driver with having a loaded rifle in the car?

Indeed, Trooper Kevin Manion... February 18, 2006... RIP Brother.

{ETA}
I believe it was a 30.06 rifle that had been stolen that morning from a residence.

I don't recall that Ferrebee was charged with "having a loaded rifle in the vehicle." However, his charges were way over an above that one... and with like situations, a -lesser charge- is usually not levied, viewed as just adding unrequired fluff.

Onward to your OT, as stated by others, long guns can be controlled by local statute. Your CHP has no effect on long-arms... hence, Virginia was careful when name changing from the "CWP" to a CHP (Concealed 'Handgun' Permit).


(source, VSP Press Release)
The shooting incident occurred shortly before 2 p.m. on Route 649 in Clarke County following a single-vehicle crash involving a Ford Ranger pickup truck that had run off the road and overturned onto its side. As the damaged pickup truck was being moved, a firearm inside it discharged and Trooper Manion was struck in the chest. The other trooper on scene was not injured.
TWO WEST VIRGINIANS CHARGED IN CLARKE COUNTY CRASH PRECEDING TROOPER’S DEATH
- (2/20/2006)
http://www.vspa.org/read_article.asp?ID=181

RICHMOND – Two West Virginians face alcohol-related charges and an illegal gun charge in relation to a Clarke County traffic crash on Saturday, Feb. 18, 2006. In the course of assisting with the crash investigation, Virginia State Police Trooper Kevin C. Manion was shot and killed.

Trooper Manion had responded to assist with a single-vehicle crash that had occurred at 12:06 p.m. on Route 649 in Clarke County. A Ford Ranger pickup truck had run off the road and overturned onto its side.

The driver of the pickup truck, David Ellis Ferrebee, 58, of Charles Town, W.Va., was charged with driving under the influence. His passenger, Belinda K. Brown, 38, of Summit Point, W.Va., was charged with being drunk in public. Both were transported by the Frederick County Sheriff’s Office to the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center.

As the damaged pickup truck was being moved, a firearm inside it discharged and Trooper Manion was struck in the chest. The trooper died later Saturday afternoon at the hospital.

Ferrebee also faces a charge of possession of a weapon by a convicted felon. Such an offense (Code of VA 18.2-308.2) is a Class 6 felony, which carries a penalty of one to five years in jail and/or a fine of no more than $2,500.

Virginia State Police and the Clarke County Sheriff’s Office are still investigating the circumstances surrounding the weapon’s discharge. Any additional charges are pending the outcome of the investigation.

To honor Trooper Manion and his ultimate sacrifice, his fellow troopers have placed his patrol car on display draped with a black mourning band in front of the Area 13 Office in Winchester.

Funeral arrangements are still pending.

MD2010
03-01-2007, 17:35
Anybody from Norfolk area know Norfolk's rules regarding this? That website from DGIF didn't have anything for City of Norfolk.

SelfDefender207
03-01-2007, 19:01
You can read through the City of Norfolk Code here: http://www.municode.com/resources/gateway.asp?pid=10121&sid=46

I typed in "gun" in the search field and I couldn't find anything saying that you can't have a loaded shotgun in you vehicle. But like I said before you should call the local gov. to find out but they dont always know the exact laws either.

Scott30
03-11-2007, 10:19
As stated before, carrying a loaded long gun in your vehicle laws vary from county to county. I would suggest calling your local sheriff's department and/or the Dept. of Game and Inland Fisheries to find the answer for your county.

rifle-cop624
03-17-2007, 18:26
The key word here being, LOADED. Just to play devils advocate, if the shotty is not loaded, but has a Speedfeed stock that has shell in it, or a side saddle with shells in it, would that constitute "LOADED" to the commonwealth attorney, or an overzealous officer/trooper/deputy?

All of us pro-gun LEO's understand that shells ON the gun do not constitute LOADED which is shells IN the gun.
Shocker, there are actually folks in LE and prosecutors that are not gun friendly.

pjva04
03-22-2007, 16:34
Originally posted by rifle-cop624
The key word here being, LOADED. Just to play devils advocate, if the shotty is not loaded, but has a Speedfeed stock that has shell in it, or a side saddle with shells in it, would that constitute "LOADED" to the commonwealth attorney, or an overzealous officer/trooper/deputy?

All of us pro-gun LEO's understand that shells ON the gun do not constitute LOADED which is shells IN the gun.
Shocker, there are actually folks in LE and prosecutors that are not gun friendly.

You offering to come down this way and run for office?
:supergrin:

rifle-cop624
03-22-2007, 21:09
There have been a couple of business owners that suggested it to me. No thanks, though. As tempting as it is to want to fix what's broken with local LE, here, I've had my taste of small-town, redneck politics. can't say I enjoyed it much.

pjva04
03-22-2007, 21:41
Originally posted by rifle-cop624
There have been a couple of business owners that suggested it to me. No thanks, though. As tempting as it is to want to fix what's broken with local LE, here, I've had my taste of small-town, redneck politics. can't say I enjoyed it much.

Well, looks like you're building something up there, anyhow.

solie
03-31-2007, 18:18
So what about this?

"It is unlawful to possess a loaded firearm on the road except when permission to hunt is obtained from landowners on each side."

Does that include pistols?

pjva04
03-31-2007, 18:21
Originally posted by solie
So what about this?

"It is unlawful to possess a loaded firearm on the road except when permission to hunt is obtained from landowners on each side."

Does that include pistols?

Check out the VCDL website, as they were instrumental in just getting the wording changed on that. It was just signed by the Governor, and now excludes those legally carrying a handgun for self defense purposes.