Wednesday, January 1, 2020

Prohibition On Carrying A Concealed Weapon - 1333 Words

exception to Code  § 18.2-308(A), prohibition on carrying a concealed weapon. The exemption allows for the carrying of a handgun in a private vehicle as long as the handgun is secured in a container or compartment in the vehicle. Code  §18.2-308(B) (10) provides; â€Å"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† In light of this 2010 change to the Virginia Code, Virginia courts have made decisions that bear out that a weapon inside a closed and latched container inside a vehicle is not in violation of Code  §18.2-308. Two recent cases address this issue: Doulgerakis v. Commonwealth, 737 S.E.2d 40 (2013) and Hodges v. Commonwealth, 64 Va. App. 687; 771 S.E.2d 693; (2015). In the 2013 case of Doulgerakis v. Commonwealth, In October 2011, Mr. Doulgerakis was stopped for a traffic violation. When asked if he had anything in his glove box that would concern the police officer, Mr. Doulgerakis responded that he had a handgun in the glove compartment. The glove box was closed and latched, but not locked. The police officer removed the handgun and charged Mr. Doulgerakis with ca rrying a concealed weapon without a permit. At trial, the Commonwealth argued that the firearm was not secured within the meaning of the statute because the gun was readily accessible to appellant for prompt and immediate use, which is preciselyShow MoreRelatedBanning Open Carry And Concealed Carry1277 Words   |  6 PagesWhen citizens have the freedom to legally defend themselves, but are restricted by unaccommodating gun laws, what defense possibilities do they have? With population based restrictions on open carry and concealed carry, residents of California cannot possess firearms unless the weapons are stored inside of their homes or in the trunk of their cars. 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