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VA Gun Rights Pamphlet Updated Again

carsontech

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Apr 7, 2011
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Anderson, SC
I took the time to update the Virginia Gun Rights folding pamphlet that has been floating around here. I believe the last version was updated by Dreamer sometime last year. A few different things passed through legislature since then.

I reversed engineered the last updated file from PDF format to Microsoft Publisher format, then converted back to a PDF. I did the best to keep the same look and style, though. Since some of the statutes have changed, some parts of the pamphlet where moved around to allow for more room for other things.

Anyway, if you see anything that needs fixing or updating, let me know.

I'm also hosting the latest version at this link:
http://carsontech.webs.com/Gun%20Laws/VA%20Gun%20Rights%20Pamphlet%209-9-2012.pdf

I attached the most recent version of the pamphlet to this post, as well:
 

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TFred

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I've always disagreed with listing "private property" in the list of prohibited places.

My understanding of §18.2-308.O is that it was placed there solely to clarify that holding a CHP does not over-ride the rights of a property owner to restrict you from carrying. That is what it says, in fact*. On this pamphlet, it's included in a long list of places where the act of carrying is a violation of the law. That is not the case in Virginia, where the only consequence of carrying against the wishes of the owner is if you choose to not leave, and then it's trespassing. This is particularly a problem in an informational pamphlet because some other states do attach a criminal element to carrying on private property when prohibited.

If it stays on the list, at the least we should add some indication that "trespass" is the consequence, not a gun-related criminal charge.

JMHO.

TFred

ETA: Code:

*O. The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property.
 
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thebigsd

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I would remove the part about carrying concealed in a restaurant while consuming alcohol. It is unnecessarily confusing. I wouldn't list the restaurant thing at all.
 

TFred

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I would remove the part about carrying concealed in a restaurant while consuming alcohol. It is unnecessarily confusing. I wouldn't list the restaurant thing at all.
Perhaps both these items should be in a different section, titled "Other notes" or something.

Neither are prohibitions against carrying per se, but are definitely important things to be aware of.

The restaurant item could be reworded a little:

"You may not drink alcohol while carrying concealed in a restaurant or club."

The property item could say something like:

"Holding a CHP does not override the gun policies of private property owners."

Again, JMHO...

TFred
 

thebigsd

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Perhaps both these items should be in a different section, titled "Other notes" or something.

Neither are prohibitions against carrying per se, but are definitely important things to be aware of.

The restaurant item could be reworded a little:

"You may not drink alcohol while carrying concealed in a restaurant or club."

The property item could say something like:

"Holding a CHP does not override the gun policies of private property owners."

Again, JMHO...

TFred

I agree. Both of your re-wordings are better than what is currently on the pamphlet.
 
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jmelvin

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Good suggestions guys! Perhaps some suggestion like that could be used on the latest VCDL Carry Card. When you get to wording about carrying in restaurants on the new card it is positively confusing.
 

TFred

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Good suggestions guys! Perhaps some suggestion like that could be used on the latest VCDL Carry Card. When you get to wording about carrying in restaurants on the new card it is positively confusing.
I think the cause goes back to when it was prohibited. Now the act of carrying is not prohibited, but drinking while doing so is. Different angle altogether, hard to fit in a list of "not here" places.

TFred
 

carsontech

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Thanks guys, I'll work on the pamphlet again tonight to see if I can clean the verbiage up. Keep the suggestions coming!
 

carsontech

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As you guys can tell, I just used the information from the VCDL website. It's almost a straight copy and paste. I'm editing the pamphlet right now using the suggestions you guys gave.

Here a link to the previous version of the Pamphlet (Dreamer's version?) before I created the "new" one that is in the original post, so you can see what i changed from it:

http://carsontech.webs.com/Old%20VA%20Gun%20Rights%20Pamphlet.pdf

I'll post the latest version with the suggestions from this thread in a bit.
 
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carsontech

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Updated the pamphlet with the suggestions in this thread, and more...

Updated the link in the original post in this thread with this latest version.
 
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TFred

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I don't think B.10 covers any open carry issues (seat or dashboard). Open Carry is generally regarded as "not illegal, so it's legal." B.10 is a specific exemption to the general prohibition against carrying concealed.

Also, just a suggestion, for the last one, I'd probably stick with the wording of the code: "secured in a container or compartment". We all agree that secured does not mean locked, but saying it in writing beyond the code itself on a public forum is probably not a great idea. Also, the code doesn't specifically say "loaded", so that one falls back to "not illegal, so it's legal".

FWIW,

TFred

P.S. Should say, I really do like the changes! Good upgrade! :)
 
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carsontech

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TFred, I agree. I updated the PDF with how I interpreted your suggestions. I updated the original post to point to the latest version.
 
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2a4all

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Newport News, Virginia, USA
I updated the VA Gun Rights pamphlet today. It includes updated information from the laws that went into effect 7/1/2012.

See the original post for the link to the updated pamphlet.

Let me know if you see anything that isn't correct!
There is an exemption in 18.2-308.B.10. that states "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;" which applies to 18.2-308.1.C "The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section." which allows anyone (CHP or no CHP) to bring a loaded handgun onto school property, provided it remains in the vehicle in said container or compartment. The exception stated in 18.2-308.1.C.(vi) is nullified by this exemption because 18.2-308 assumes that any handguns carried under its provisions are (likely) loaded unless otherwise prohibited.

You might want to include this exemption in the section dealing with carry on school property.

Just my .02
 

TFred

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There is an exemption in 18.2-308.B.10. that states "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;" which applies to 18.2-308.1.C "The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section." which allows anyone (CHP or no CHP) to bring a loaded handgun onto school property, provided it remains in the vehicle in said container or compartment. The exception stated in 18.2-308.1.C.(vi) is nullified by this exemption because 18.2-308 assumes that any handguns carried under its provisions are (likely) loaded unless otherwise prohibited.

You might want to include this exemption in the section dealing with carry on school property.

Just my .02
The problem is that it takes a couple hundred words to adequately explain that exception. Hard to fit on an already crowded pamphlet.

TFred
 

2a4all

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The problem is that it takes a couple hundred words to adequately explain that exception. Hard to fit on an already crowded pamphlet.

TFred
Yeah, I know. I'd spend days trying to word and format the text of brochures I made for a business I had. Not an easy process.

However, I learned to prioritize. In this case, perhaps if the block reserved for notes were shrunk, there might be enough room to add just the text of the (very important) "Secured in a Closed Container" exemption to the School Carry section.

For example, "The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section." 18.2-308.B.10 states "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;" Further, "The provisions of this section shall not apply to ...
 

twpetry

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Fredericksburg, VA
In regards to the colleges and universities section, I was under the impression it was not against the law to carry there OC or CC, it was just against the school rules, for faculty staff and students? If so, it should not be listed there as to give the impression that it is against the law.
 

twpetry

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Also since VA's Attorney General Ken Cuccinelli has stated personal protection is a "good and sufficient reason" IMHO we should remove the places of worship part too.
 
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