Five common areas of Virginia gun law
Hi, Ed Riley, US Law Shield independent program attorney for Virginia, and today we're going to discuss five common areas of Virginia gun law that are often misunderstood. One of the most commonly misunderstood areas of Virginia gun law is how you are permitted to defend yourself or others in your home. Many states have a law, which is commonly referred to as the Castle Doctrine in Virginia. There is no statute that defines this so-called Castle Doctrine. What's important to note is that Virginia law allows you to stand your ground and defend yourself or others from imminent bodily injury or harm or death if you come under attack while in your home. Another area of the law that's commonly misunderstood is firearms and vehicles. If you're going to carry a firearm or really any weapon in a vehicle, you need to be aware of 18.2 dash 3 0 8 to the Code of Virginia.
Concealed firearm in a vehicle
I cite the statute to you because it is an extensive statute and has a lot of moving parts of what weapons you can carry and went. The important thing to remember is that it is illegal in Virginia to carry any concealed firearm in a vehicle. However, there are many exceptions, and the first and probably biggest exception is having a concealed handgun permit where you can carry a handgun concealed if you have that permit. The second most important exception under 18.2 dash 3 0 8 is section C eight, where it allows anyone who can lawfully have a handgun to carry it in a vehicle as long as it's properly secured in a container or a compartment. A couple of the other important exceptions are when you were transporting the firearm, if you were doing so to certain locations, you need to have it unloaded and securely wrapped. A third area of the law that is commonly misunderstood is what's referenced as the brandishing of a firearm.
Virginia Code section 18.2 dash 2 82
Virginia Code section 18.2 dash 2 82 prohibits the holding, pointing, or brandishing of a firearm where it reasonably induces fear in the mind of another of being shot or injured. What a lot of people believe is that I don't violate this statute if I don't literally point the gun at somebody. However, in Virginia, that is not the law. If you do point it, that is a violation of the statute, but so is holding, or as we've indicated, brandishing, what is brandishing. It can be simply revealing the gun as if it's in your waistband with the intent to induce fear. Another area of the law that's commonly misunderstood is alcohol and firearms. Common sense tells us all that alcohol and guns don't mix. However, there's particular areas of the law that deal with it. Specifically first, anyone permitted to carry a concealed handgun cannot do so if they are under the influence of alcohol. Secondly, you cannot carry a concealed handgun into an A, b, C licensed establishment and have a drink. Both of these are outlined in 18.282. A final area of the Virginia law that is often misunderstood is the carrying of a firearm to a place of worship. The law in Virginia is that it is illegal to carry a firearm to a place of worship without good and sufficient reason. While a religious ceremony is ongoing in Virginia, an Attorney General's opinion says that personal protection is a good and sufficient reason to carry a firearm.
YouTube Video Link: https://www.youtube.com/watch?v=YwfOmqNyKB4
Credit: Ed Riley, Esq
Also, read Your Guide to Obtaining a Maryland Concealed Carry Permit