Forums / Political & Legal / handgun owner ship and open carry laws

1 year 34 weeks ago, 2:37 PM

thenewguy20

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well guys to start this off guys i got pulled over yesterday heading home buy the police doing there twice a year id incpections. while inline i put my handgun up in the dash were it could clearly be seen by the officers.(iv been told to do this by the retaired officer who has been teaching me self defence) when the officer told me to pull up and asked for my ID noticed my age(20) told me to "step out of my truck hands on the hood" gave me 3rd degree on why was in in possisen of a hand gun i told the officer that in the code of va section 18.2-308.7. says i have every right to own and carry a handgun. i got called a smart ass ended up staying in a 8x8 for 9 hours once the sheriff came in things got strightin up real quick witch was a relife my firearm was returned to me and was informed that what happed will not go on record.

"im farm boy we learned to shoot be for we learned to ride a bike."
1 year 34 weeks ago, 3:51 PM

MattyTheJet

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Land of the free, huh?

Land of the free, huh?

1 year 34 weeks ago, 7:49 PM

clintlebo

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common sense

from http://law.justia.com/codes/virginia/2006/toc1802000/18.2-308.7.html

18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or(ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or(iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

(1993, cc. 467, 494; 2003, c. 976; 2004, c. 995.)

Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources

Every state is different, and I can only comment on what I have been instructed. I have never heard of any officer demanding that people place their firearms on the dash of the vehicle. It is not safe for either the officer or the driver. As the owner of the firearm, do you really want someone you do not know handling your weapon? You might not get it back. As the officer, they will see the firearm on the dash as a potential engagement. They will protect themselves first, as they should.
Where I live you are not allowed to have a concealed weapon if you are younger than 21 years of age. Therefore, if a person younger than 21 is transporting pistols, those pistols should be cased in a place not easily accessible to the person not legally able to conceal said firearms.
For those of us that are 21 or older, in my state we are not legally required to inform officers of our concealed firearm. I recommend it though. It is easier to inform them verbally than explain to them if they happen to search you and find it. When you inform the officer, you show your license and tell them where it is located. They can ask to take it from you, but it is not legally binding and the decision is up to the permit holder what to do. I recommend that the firearm stay in the concealed place and that the owner does not move their hands towards that place unless instructed to by the officer. Remember police officers deal with the dredges of society. I believe it is the best policy to act like a lawful citizen and give them no reason to not trust me. They have a hard enough time as it is. It might even prevent a ticket if you are nice to the public servants.
just my opinions...

clint

p.s. I just checked on the legality of someone under 21 owning a handgun in Virginia

http://www.vsp.state.va.us/Firearms.shtm

What is the legal age to purchase or possess a firearm?
A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun from a licensed firearms dealer, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.

"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." (Calvin & Hobbes)
1 year 34 weeks ago, 12:59 PM

MattyTheJet

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Common Sense?

If sense was common, everyone would have it. Sadly, a lot of people who need it most (anyone in any way involved with law enforcement falls into this category of need) don't possess a drop of it. Most cops are able to handle the job and the authority that comes with it without trouble, but there are always a few, usually newer guys, who can't quite do it. The good news is most of these guys either get smart or get washed out pretty quickly, but they can do a lot of damage while they're out there, so always be careful.

1 year 34 weeks ago, 8:02 AM

clintlebo

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MattyTheJet

Please clarify your post, I may be misinterpreting your remark :

"anyone in any way involved with law enforcement falls into this category of need"

I disagree. My experiences have been just the opposite. Most of the law enforcement officers I know or have had dealings with are respectful, respectable, polite, and humble individuals. But that might be because I do not treat them as the enemy. Law enforcement officials have a tough job. The only time most of the populace are aware of the job that they are doing is when the populace sees something on the news or gets questioned by officer(s).
Law enforcement personnel, unlike criminals have rules they must follow. To lump all of the officers (Federal, State, and Local) into one category of needing common sense seems draconian and obtuse to me.

clint

"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." (Calvin & Hobbes)
1 year 34 weeks ago, 3:43 PM

MattyTheJet

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clintlebo

I've edited this reply multiple times, trying not to sound angry, but I just can't after what I feel was a very insulting and demeaning post towards me on your part. What I was saying is that common sense is needed to do the job,not that officers lacked common sense. Please make sure you comprehend what you read before you make assumptions that someone is "Draconian" or "Obtuse" as you have announced me to be here in a public forum, Also, know the person you're talking to before you assume they know nothing about what they're talking about. If you knew one thing about me you would know that I work in corrections so I understand the rules and limitations. Thank you, have a nice day.

1 year 34 weeks ago, 1:58 PM

thenewguy20

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clint

well my mother bought it and we went to the sheriffs office and got it put in my name. i have a copy of the code printed out. i keep up with the gun laws in va and nc sence my job and school has me going back and forth

"im farm boy we learned to shoot be for we learned to ride a bike."
1 year 34 weeks ago, 8:11 AM

clintlebo

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thenewguy20

newguy,
Congratulations on your purchase. I was not questioning the ownership regulations as I am not an attorney in Virginia; therefore I do not know the laws as well as you might.
I try to look at law enforcement from their perspective. You and I do not experience the daily encounters they face. If I am questioned by an officer, I make it my duty to be kind, courteous, and respectful to that officer. It is not something they expect and demonstrates you are not trying to "pull a fast one" on them.

Everyone attacks experiences differently, I was trying to convey a different opinion and relay why I choose to treat the officers the way i do. I am not trying to preach or lecture as to the way everyone should handle themselves. Perhaps you were correct in your assessment of the situation. I was not there. Just remember saying neener neener neener is not going to help your case.

again, just my opinions...

clint

"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." (Calvin & Hobbes)
1 year 34 weeks ago, 11:49 AM

coppertop

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If I was a cop and I had someone that is under 21 and in possession of a handgun, i would question it to. Getting an attitude with the LEO will not help your cause. If you have some type of special permission, then present it in a calm fashion. Cops have to enforce the laws equally and everyone thinks that they are special and should never be questioned. Are there bad cops, you bet. Do most if not all people claim to be innocent when caught, yep. Cops have a tough job and for the most part are disrespected until someone needs them. New guy, your young so your going to push boundaries, but some of life's lessons are harder than others. If you treat cops like the enemy, they may just return the favor.

1 year 32 weeks ago, 4:49 PM

thenewguy20

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coppertop

I have the up most respect for the good men and women in enforcement.

"im farm boy we learned to shoot be for we learned to ride a bike."
1 year 32 weeks ago, 9:10 PM

coppertop

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Hey, no sweat. We all were young, dumb, and full of it at some point. Maybe you caught the cop on a bad night. Just remember that just because you know your not breaking the law, doesn't mean they know that.

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