Hi all, i'm not yet a handgun owner and dont know if i feel like taking the time to do the course, but i do own a rifle (a legal SKS with a synthetic stock; pretty mean looking) which i wouldnt mind carrying around in my car. Is this legal? I hear in DC you cannot, is this true in VA? If i mounted it in plain sight behind my rear seats, is that legal (I have a Land Rover)? Do i face a danger from the police who would see this in my rear window?
I doubt i would keep it loaded, i dontt have any ammo for it right now anyway, but could I? Could i just keep a few rounds in the car but keep the gun unloaded?
Note: The gun was purchased here in VA with all the proper paperwork (though i dont know if i have a copy) and has been downgraded such that it is no longer classified as an assualt rifle.
Just curious.

Thanks,

Joe H

In Virginia there is something called the "open car rule" which applies to all non felons.

Basically that means you are free to carry any LEAGAL UNLOADED weapon in your car. The law/rule also stipulates that police can't pull you over if you have a gun visable in your car.

They can charge you if your gun is loaded, you dont't have a permit, etc. if you are pulled over for something else such as speeding.

If you have a permit, and your LEGAL gun is not loaded, you are fine. No warning or anything. I found this out through personal experience.

How about a shotgun? Since VA doesnt require registration and there no real paperowkr besides the receipt from the store I bought.

couple years ago some westfield teacher was arrested cuz of that

Because the gun was open on display??? I know the law calls that the ammo has to be separated from the gun. Meaning that one has to be locked away from another, without immediate access.

It is completely legal in VA to have a loaded handgun even without a permit as long as it is in plain site! This applies to your person and vehicle.


http://hamptonroads.com/pilot/news/guns

Open vs. concealed carry: What's the difference?

OPEN CARRY

Virginia does not require a permit to "open carry." Anyone 18 or older who can legally own a gun can carry it loaded in public as long as the gun is holstered and visible. Guns are OK in a vehicle as well, as long as they are placed in plain view on the dashboard or seat.



CONCEALED CARRY

Because concealed weapons can afford a shooter the element of surprise, the law considers them more dangerous. To carry a concealed handgun in public you must be at least 21 and have a special permit.

Circuit courts issue the permits, and state law caps the fee at $50. Applicants must pass a background check and take a class on safe gun handling. In some localities, they're also fingerprinted. Virginia permits are good for five years and are honored by an ever-changing list of roughly 20 other states.

Until 1995, concealed-handgun permits were issued at a locality's discretion, with applicants being asked to show good reason for their request. That changed when gun-rights groups helped shift the state toward "shall issue." Now, a permit must be granted unless the locality can show a compelling reason why it shouldn't.

The "shall issue" movement has gained favor across the country; 36 states now grant permits to most everyone who meets licensing requirements.



OFF LIMITS

Private businesses and landowners in Virginia do have the right to prohibit firearms on their property – concealed or open-carry. If guns aren't welcome, signs must be prominently posted that say so.

But if owners don't object, guns can be carried into banks, hospitals, stores, movie theaters and restaurants. The law gets a bit complicated when it comes to places serving alcohol. Open-carry has always been allowed in bars, with no prohibitions on drinking. Concealed carry got the OK from legislators this year, but with no drinking allowed. But Gov. Timothy M. Kaine vetoed the bill Tuesday, so its future is in the air.

Some places are off limits to almost all civilian guns: schools, military bases or other federal property, courthouses, airports and places of worship during a religious service. A ban on guns in national parks is under review.



Edited 1 time(s). Last edit at 04/16/2008 08:55PM by Mofo.

While open carry is legal in Virginia in most public places, carrying a rifle (or a pistol) with a larger capacity magazine may get you in hot water.

Before carrying any weapon in public, it's a good idea to check out the state code to make sure you know what's illegal. Go to this link and do searches on keywords like "gun", "firearm", "magazine", etc.

http://leg1.state.va.us/000/lst/LS728775.HTM

Also, if you have some time, do some research on things like lawful use of lethal force case law and such. There are lots of places and people who can steer you in the right direction.

Since you are asking about a rifle, here is a link to the state code, and an excerpt that may concern you:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4

>§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

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 or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)

so no open carry of rifles in fairfax.

KeepOnTruckin Wrote:
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> so no open carry of rifles in fairfax.

Nope, a holstered pistol that holds 20 or less rounds.

However there is a provision that if you hold a chp that doesn't apply so technically one could carry an ak47 with 100 round drum attached but I don't think that would go over well.

ofcourse no open carry of a rifle but what about going to and from your car with a shotgun and then transporting it in your car? I have done it plenty of times in open view, going from and to the car with the gun vertically in my hand.although I remember three black guys that cut me off and then we end up parking next to each other in my apartment complex. I got out of my car first , grabbed my duffle bag and the shotgun. All of the sudden I heard the door locks go off from inside of their car, lol

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Attachments:

Sounds to me like i could legally carry my rifle in my car in plain sight, i just cant equip it with more than a 20 round clip, right? Also, i save all my records, so i know i would have it somewhere, but i cant remember if i was issued a gun permit for my gun on spot. I bought it at a gun show where they took my license and information and such, they probably gave me some papers back. Do i need to carry around the papers with me to prove its lawful or can the police look up the serial number on the gun and see that its legally registered to me?

Thanks,

Joe H

http://www.youtube.com/watch?v=qh2Jed20wLk

Joe H. to make it very clear, you can carry your rifle in any way that you want. Now whether or not in may freak some people out is a whole different story. I carry my in the back seat in plain view-no problem. Here is the part that may get you arrested. It MUST be unloaded completely,none in the clip or even in the chamber, completely disarmed and on safety. You may also carry ammo but in must be separated from the shotgun. Meaning if the rifle in the back seat ammo must be in the truck and vice versa. Unaccesible to one another.

In this area you are asking for trouble by mounting a rifle in plain site.

1) Somebody will probably smash the window and take the gun with in a week.
2) Cops will find some BS traffic charge to pull you over and check your gun permit.

Somebody posted here about three weeks ago saying they got pulled over and suspected the rifle in the window was the reason.

Read this thread - http://www.fairfaxunderground.com/forum/read/2/81933/82007.html#msg-82007

Good point about the breaking in, i hadnt really considered that. If anything, i thought it may be a deterent. If i were to lock it in a box in my car though, would that make it concealed? Does a pistol in the glovebox make it concealed?

Joe H

If you really want to attract attention, just let someone see you with a gun
in any manner whatsoever. These Yankee Libs in NoVa are not even casually
aware of what the gun laws are and (guaranteed) will go into a panic and
call the cops if they even see one in plain sight. You may have the law
on your side, but its the hassle of explaining it to the cops that deters
me. It gets worse out in the coutryside too. I talked with a Game Warden
in Staunton last year and it seems Yuppies are moving in (from the DC area)
and freak out when they realize that people actually hunt there. A woman saw
someone hunting on the property next door to theirs (a farm) and called the
cops because he was wearing camo and carrying a gun on his own property. When
they game warden reminded her that it was the first day of hunting season she
went ballistic and demanded that he (game warden) make him stop. These are the
kind of idiots who live here now and want to take their political correctness
with them when they retire to the countryside. Sick!

I say who cares if you have to explain it to the cops. As long as you are legit and the law is on your side you might even make friends w/ a cop and believe me that friendship will go a long way. This is what my conversation went like the last time I got pulled over ( running a stop sign)

Cop: License & registration
Me: Here you go, is officer X working today? I haven' talked to him in a while.
Cop: Oh you know officer X?
Me: Yeah I was a witness to the accident and made friends w/ him
Cop: Oh I work w/ him sometimes "calls in my license on the spot and it comes back valid" Have a nice day!

I don't see why so many people fear and hate cops. Just be cool w/ them and make friends. It will really go a long way. Traffic tickets, some legal advise, references and just a another person to be friends w/. I mean they are regular people that enjoy regular things. I dont understand why cops are looked at as a different specie. If you get a cop that is a dick, just ask how his/her day was, you never know, we all get pissed off and have crappy days and someone asking about that officers day can really make their day.

joe you need to apply for a concealed gun permit if you have a handgun that you wish to conceal, otherwise it's a $100 fine ( I think) at the very least. Handguns and firearms(under 20 rounds) are treated differently. While you dont have to register any weapon in the state of Virginia, you do need a permit and a concealed gun permit (two different things) for a handgun. Any other firearm, as long as it is not loaded and ammom is separated from the firearm you are good to go. Thats what the law calls for. Now what other people who DONT know the law do is completely different so I wouldnt put it up on display unless you have time to get potentially pulled over and expalin yourself or simply as stated by Lurker some dumbass breaking into your car and stealing the gun.

Joe H, I'm about as pro-gun as they come (it is the only topic I post about on Fairfax Underground) and I would NOT recommend carrying your SKS in your car. It is a poor choice for self defense and would unfortunately attract the wrong sort of attention in Northern VA.

The assault weapons ban expired a few years ago, you dont have to worry about that any more.

There are no permits or gun licenses in VA, only concealed carry permits for people who wish to be able to carry concealed. VA is an Open Carry state meaning you can have a holstered side arm in plain vew or a shouldered long arm. But walking down the street or driving accross town with a rifle would make a lot of people in Fairfax uncomfortable. That is a fact, pro-gun/anti-gun debate and politics aside.

If you want something for personal defense, I would recommend taking a class at the NRA headquarters and trying out some handguns. If you've already made up your mind on using an SKS due to money issues, I would caution you to reconsider. Handguns can be had for cheap. J&G Sales had a sale last month for one of these: http://www.jgsales.com/product_info.php/p/feg-pa-63-semi-auto-handguns,-9x18-caliber,-vg-to-excellent-condition-/products_id/1258
for only $100. I don't recommend the PA63, but that is just an example of how cheap handguns can be. You dont need to take a class to buy a handgun in VA. If you order online or over phone from another state then you have to go through certain procedures (they have to ship it to an FFL ((gun store or dealer)) here, you have to pay FFL transfer fee of about $20). There are occasionally gun shows at the Dulles Expo center in Chantilly where you can buy from VA dealers and walk away that same day with a new or used gun.




ps: I have a Chinese-made SKS with Monte Carlo stock and 50mm Simmons red dot sight mounted on a "ScoutScope" mount where the rear leaf sight used to be.

native Wrote:
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> joe you need to apply for a concealed gun permit
> if you have a handgun that you wish to conceal,
> otherwise it's a $100 fine ( I think) at the very
> least. Handguns and firearms(under 20 rounds) are
> treated differently. While you dont have to
> register any weapon in the state of Virginia, you
> do need a permit and a concealed gun permit (two
> different things) for a handgun.

There is no such thing as a "permit" in VA. There is only the concealed carry permit. As long as you are 21 or older and have no criminal background you can buy a handgun in VA. The only other kind of permit I can think of would be a Class 3 tax stamp and papers for full auto machine guns or suppressors. But for an ordinary handgun, you do not need or get a "permit".

And as far as "registration" goes, if you bought it from a VA FFL dealer, the VA state police know the serial number of your gun. So there is no "registration" per se, just a paper trail from the FFL dealer. If you buy a gun second hand from an individual, there is no paper trail. If you then use this gun to commit a crime, it will be traced back to the last person who bought it from an FFL. This is the so-called "gun show loop hole". My father can pass a rifle down to me when he dies and the government will never know.



Edited 1 time(s). Last edit at 04/18/2008 01:33AM by boristhebulletdodger.

You may not carry a loaded rifle or shotgun in your car, regardless of if you have a CHP *if* the locality has a ordinance prohibiting it.

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

Jesus Christ with all the technical questions!!! Look, Get a fucking pistol and get a concealed carry permit!!! You can put your LOADED pistol on you and leave it on you no matter if in public or in your vehicle. Just can't take it into CHURCH, GOVT BUILDING/INSTALLATION, SCHOOLS, or PRIVATE PROPERTY WHEN CLEARLY POSTED. Why the hell would you want a rifle for personal protection anyway? But if you must, the rifle MUST be unloaded and in OPEN sight (not in the trunk or in a case) The ammo must NOT be in the same compartment (the cab of you truck = a compartment) OR accessible by the driver (locked in center console or glove box is considered ACCESSABLE) Just put the ammo in the trunk. You CANNOT open carry a rifle. The open carry law requires the weapon to be holstered.

P.S. A weapon carried by a civilian should NEVER be used as a deterrent, but only as a last resort to protect yourself if all other avenues have failed. Just because you are legally able to carry a weapon, you are not a police officer. The law does not protect you like it does the police.

KEEP IT OFF SCHOOL PROPERTY

i know you all remember this
http://www.fairfaxunderground.com/forum/read.php?5,1235

And don't take it on GW Parkway!

nor stand on a MD highway at 3am holding your SKS, while watching street racing...

A rifle would be a poor choice for self defense while in a car. My opinion only but it would be very awkward to handle within the confines of an average sized car.

Unless you are on your way to go hunting or target shooting, i.e. paper targets, I cannot see where a rifle would be worth the hassle. I think you would be much better off with a handgun, a CWP and some decent training to go with it.

For home defense I think a shotgun with buckshot would be better than a rifle should an intruder break in.

is a gun really gonna save your life. I mean, I understand when you have it, it provides some 'comfort' level I guess, but really..If you were suddenly attacked, what are the chances it could come into use. if it's concealed, you don't have much reaction time to get to it, especially if that other guy already is aiming at you. that's why y'all should get nunchucks or something else. Also it would suck if you got into road rage, and were really pissed off at someone, and you want to make a point to the other drive, and you see your gun right next to you, what do you think you're gonna do? and then you might regret it cause some people can't control their anger over something small. And has anyone ever heard of someone using their own gun in their car for self-defense?

Stop saying stupid things. Stop asking stupid things. Any dumbfuck who needs to get advice or "information" from Fairfax Underground, for issues as important as the laws regarding gun ownership..doesn't fucking deserve to carry a piece. You're a pussy douchebag who thinks he needs to carry a gun to be cool. How many times a day do you need to shoot somebody going to and from work? Again, you Jackass.

7 times

"is a gun really gonna save your life."
Yes.

"If you were suddenly attacked, what are the chances it could come into use"
With the proper training, when it needs to be.

"it would suck if you got into road rage, and were really pissed off at someone, and you want to make a point to the other drive, and you see your gun right next to you, what do you think you're gonna do?"
People who carry a weapon legally wouldn't be getting into a road-rage incident in the first place because they know what it can escalate to.

Move to California or the District if you don't like scary guns. By the way, "nun chucks" are illegal to carry.

In the state of Virginia with a concealed carry licence can you carry a pistol in your car loaded?

Don't be stupid and put your sks in view. Get a concealed weapons permit and hide your shit in your vehicle. You may legally open carry in VA but I promise every limp dick cop will pull your ass over and harass you. People are scared little sheep bitches now and if they even see a gun they piss their panties and call the cops. The cops will assume you are some fucking nut ball and pull you over with their guns blazing. The pussyfication of the USA is in full effect. Conceal that shit within reach so you can actually use it to defend yourself from some nig or illegal.

In Virginia you can carrry a loaded gun in your car without a carry permit. Per the State Police website:

"As of July 1, 2010, a concealed handgun permit is not necessary when 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. The term “secured” as used does not require the compartment to be locked. OAG opinion 11-111."
http://www.oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2012opns/11-111%20Newman.pdf

Before the 2010 amendment, you could still have carried in your car as long as it wasn't concealed.

I am sorry Anneal i will have to dissagree with you. I do not understand where you get that it is ok to carry a loaded hand gun in your car. From what i understand of that law is simply this, Yes you can openly transport your firearm in your car with out having a Concealed permit.

If you read farther along in the VSP website it explains another detail.

"§ 15.2-1209.1. This section empowers the governing body of any county to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

That law leaves the right to open carry a loaded firearm

http://www.vsp.state.va.us/Firearms_Transporting.shtm is wher i got my facts from.

well i feeel stupid now. i should have read the link you provided first. it was very informative. evidently from the AG of virginia it is legal to carry a loaded gun. your right i am wrong.

wow, dude. You just lost an internet argument................with yourself.................in less than 10 minutes. Speechless.

Gordon Blvd Wrote:
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> wow, dude. You just lost an internet
> argument................with
> yourself.................in less than 10 minutes.
> Speechless.


Have you thought about trying to actually contribute something to this website, instead of your mindless trolling bullshit?