I am not a lawyer but enjoy reading laws and court cases, especially those related to firearms, just for general knowledge and interest. With respect to carrying a concealed firearm, I find some laws refer to “carries about his person” or “carries on or about his person” and the case law seems to consider “about” to include readily available or within arm’s reach. One law I read today, however, is less clear. The law starts out with:
Virginia Code § 18.2-308.012. Prohibited conduct.
A. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor.
In this case the law only states “carrying” as opposed to carrying on or about a person. Does this mean the gun must be physically on or in direct control of the person? More specifically, would it apply to a gun secured in a glove box or center console of a personal car?
I don’t take illegal drugs and never drive intoxicated, but the term “under the influence” is rather subjective and heavily influenced by an officer’s observations and perception, and so may affect people who had one glass of wine with dinner at a restaurant.
I have never been charged with any crimes and am not seeking legal advice, just some clarification for my own edification on the definition of “carry” and its distinction from “carry on or about”.
Virginia Code § 18.2-308.012. Prohibited conduct.
A. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor.
In this case the law only states “carrying” as opposed to carrying on or about a person. Does this mean the gun must be physically on or in direct control of the person? More specifically, would it apply to a gun secured in a glove box or center console of a personal car?
I don’t take illegal drugs and never drive intoxicated, but the term “under the influence” is rather subjective and heavily influenced by an officer’s observations and perception, and so may affect people who had one glass of wine with dinner at a restaurant.
I have never been charged with any crimes and am not seeking legal advice, just some clarification for my own edification on the definition of “carry” and its distinction from “carry on or about”.