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oc in a vehicle
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rhinov
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Joined: Tue Jan 23rd, 2007
Location: Chapmanville, West Virginia USA
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 Posted: Tue Jan 23rd, 2007 09:27 am
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Can someone please tell me exactly what is oc in a vehicle in WV. Where does the weapon have to be in order to be in compliance with the law.

lockman
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 Posted: Tue Jan 23rd, 2007 01:34 pm
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According to this site. OC is fully preemted and legal on foot or in a vehicle. Where in the vehicle is not relevent as long as the firearm is not concealed. Some older local ordinances may have been grandfatherd so you might have to check some locals.

Last edited on Tue Jan 23rd, 2007 01:37 pm by lockman

badmonkey
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 Posted: Tue Jan 23rd, 2007 06:32 pm
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As long as the gun is plainly visible then it is OC.  Long guns are not included in this, as well as all guns "designed for hunting".  This would mean if you have a 6 inch barreled .44 magnum with a scope, you better not open carry it.  (There is s WV Supreme Court ruling on this, I can't remember where I saw it though.)  I just lay it on the passenger's seat, it is in plain view and it is easy to keep my hands away from if I am stopped.  I've even thought about putting velcro on the dash and on a cheap holster so I can stick it to the dash.  Also, WV is fully preempted but Jim Mullins from the WVCDL said in an email to me that Charleston and Dunbar have grandfathered ordiniances.  This is hearsay to me as I have not seen the preemtion date or grandfathering date.  I am trying to track it down, but I don't have alot of time to mess with it right now (college haha).

badmonkey
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 Posted: Tue Jan 23rd, 2007 06:34 pm
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rhinov, if you are interested you should try to make it to the WVCDL meeting this Saturday in Star City (Morgantown).  Details and exact location are at http://www.wvcdl.org

And I forgot to mention, Welcome to OCDO!:dude:

Agent6-3/8
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 Posted: Tue Jan 23rd, 2007 07:41 pm
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He's the way my grandad who retired as District Sgt. with the WVSP, put it. "Just put it up on the dash for for God and all the troopers to see."

While we're talking about carry in a vehicle...I'm currently barrowing my other grandad's Volvo and its got a nice little map pocket on the front of the drivers seat. Its the perfect place to stick a snubby .38 because you can just reach down and put your hand on the gun without notice. You couls really ruin a carjackers day with this setup. However, is it legal to carry in this position?

badmonkey
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 Posted: Tue Jan 23rd, 2007 09:35 pm
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Can you see it from outside the vehicle?  Like if you were an LEO looking in the window?  It has to be plainly visible, so in this case, probably not legal without a CWP.  If it is "hidden from common observation" then it is concealed.  If the officer does not see it then spots it later on, he probably has grounds to say it was concealed, since it was not in "common observation".  Just because it can be "seen" doesn't necessarily make it unconcealed.  Play it safe, make it obvious (unless you have a CWP, in which case you're covered either way.  And remember if you are stopped to keep your hands on the wheel and do not take them off until the officer asks for your licence+registration.  You could even be ordered out of the vehicle, which is not unlawful because it is for the officer's (and your) safety.
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edit to add:
Perhaps you could post a picture of this map pocket so we can tell exactally what you're talking about.

Last edited on Tue Jan 23rd, 2007 09:36 pm by badmonkey

bayboy42
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 Posted: Wed Jan 24th, 2007 12:53 am
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My buddy drives a Volvo with a similar map pocket to the one in question.  I can emphatically say that keeping a gun in this pocket would lead to concealed weapons charges lacking a valid CWP.

Agent6-3/8
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 Posted: Wed Jan 24th, 2007 02:35 am
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Don't worry guys, I have a CHP, so thats not a concern.  Yes, it would definitely be concealed in the pocket. 

I've found that drawing from concealment or drawing period for all thats worth, while in a car is real tough. Doing it without being obvious is impossible.This little pocket is an A#1 place to put your gun while driving. Concealed from view, secure, and highy accessible.

Badmonkey, don't worry, I know the routine of what to do when stopped. Growning up as the grandson of a State Trooper its one of things you don't miss.;) Accoding to him none of us (kids and grandkids) know how to drive or "where the break pedal is." Sometimes I'll point out an expired inspection sticker on a pasing car just to beat him at his own game.:lol:

badmonkey
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 Posted: Wed Jan 24th, 2007 03:52 am
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Well if you have a valid CHP then you can stash the gun wherever you want.  I agree if it would make it easier to get to while driving and less obvious then I would def put it there.  I wish I could do that, but for me it's OC for now.  (Not being 21 sucks!  Stupid laws!)  But I just OC whenever I want to carry.  You outta OC if you come to the meeting Saturday, if I'm there, I will be OC'ing for sure.

Agent6-3/8
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 Posted: Wed Jan 24th, 2007 04:28 am
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I would, but my only OC rig is the one I use hiking and its a wee bit big. It an S&W N-frame in a full flap holster on a Filson bridle leather belt.

 

Walter45Auto
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 Posted: Sun Jun 17th, 2007 04:06 am
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So does my 7 & 1/2 inch barreled Ruger Redhawk without a scope count as "guns configured for hunting??"

AbNo
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 Posted: Sun Jun 17th, 2007 05:49 am
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Hmm, what about out near the Brandywine range, off 33 West, from Virginia?

Anyone know the specifics of that?

Tomahawk
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 Posted: Sun Jun 17th, 2007 06:55 am
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AbNo wrote: Hmm, what about out near the Brandywine range, off 33 West, from Virginia?

Anyone know the specifics of that?


I've been to that range before; can't remember if it's on VA or West VA side of the line.

IF it's in VA, it's in GW Natl. Forest, which is run by DGIF, and therefore you cannot carry open until you are actually at the range. DGIF land is CC w/permit only.

Stupid rule, VCDL is working on it last time I heard. Before I knew about it, I carried open in GWNF for years because it's comfortable when hiking and camping and I didn't know any better. I doubt they even care as long as it's obvious you're not hunting, and besides, I've never seen a ranger in GWNF, ever. Still, the law is the law, so better safe than convicted or fined.

AbNo
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 Posted: Sun Jun 17th, 2007 09:55 am
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No, it's in WVA. The turn off for it is about two miles past the state line.

hirundo82
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 Posted: Thu Jun 21st, 2007 01:23 am
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AbNo wrote: Hmm, what about out near the Brandywine range, off 33 West, from Virginia?

Anyone know the specifics of that?


That is where I shoot when I am visiting my parents in Harrisonburg. I have to OC there since my Texas CHL isn't honored by West Virginia.

So far as I can tell, OCing in a National Forest in West Virginia isn't a problem. I just don't stop once I reach National Forest land until I reach the WV borde. If I had to get out of the car in the National Forest on the VA side of the line I seriously doubt OC would be an issue, but I would probably conceal just to be perfectly legal.

AbNo
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 Posted: Thu Jun 21st, 2007 01:37 am
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hirundo82 wrote:
AbNo wrote: Hmm, what about out near the Brandywine range, off 33 West, from Virginia?

Anyone know the specifics of that?


That is where I shoot when I am visiting my parents in Harrisonburg. I have to OC there since my Texas CHL isn't honored by West Virginia.

So far as I can tell, OCing in a National Forest in West Virginia isn't a problem. I just don't stop once I reach National Forest land until I reach the WV borde. If I had to get out of the car in the National Forest on the VA side of the line I seriously doubt OC would be an issue, but I would probably conceal just to be perfectly legal.


Oh yeah? Let me know when you are back in town. I'll show you where Hite Hollow is. It takes about 5 minutes more to get there, but it is a less hilly drive, and there's a roof and seats on the pistol side of the range. :cool:


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