CCW in VA

[mr8ball]

My brother in law got pulled over last night for speeding. He tells the cop he has a CCW permit and that he has his gun in the car. The cop ask for the gun ran the numbers and it came back as a stolen gun. He is booked charged with a felony and put in jail for it. He bought the gun from a guy he works with who's step farther owned the gun and he died last year. Now my brother in law has to go to court and try to get out of this. The guy he got the gun from and his mother is going to court with him but who knows what will come of it. A couple of questions I have.

In Va can a cop just take a gun and run it for no reason at all?
If you have a CCW do you have to tell them that you have the gun with you?

I have been pulled over a few times and have never been ask about it.
I thought if you had a CCW it was our right to keep it hid unless we were ask about it. I am just trying to figure out some way to help him out on this.

 

[captain]

Each state is different... In Oklahoma you are supposed to show your CC permit and your license and tell the officer at first contact you have a weapon. Failure to give that information is a crime in itself...

 

[Blanca BusaLess]

you gain much respect and put the officers mind at ease when you say
'I'd like to let you know I'm carrying a firearm and have a permit'
It puts them at ease because they then realize you are trying to do the right thing.

Ive been stopped many times and always done above and only once did officer take the gun but he did not run it.

As far as the gun goes. It is unfortunate it came back stolen.
My first question is for you to find out exactly when the gun was reported stolen.
If your brother can prove he bought it before it was reported it MAY help.
No matter what though I think it's gonna cost him quite a bit to prove himself innocent of knowledge of it being stolen.
Then again if it goes to trial the prosecutor will state ignorance of the law or condition of firearm as no excuse.
Does your brother have a receipt or anything showing who when and where he bought it from ?
This may wind up being a lesson learned he did not want.

 

[superbeagle]

That sticks. Always let the police know upfront you are carrying and have permit. I wlll be a pain in the butt for him to prove otherwise. Hope he has a paper trail. Best of luck.

 

[busa dave]

you gain much respect and put the officers mind at ease when you say
'I'd like to let you know I'm carrying a firearm and have a permit'
It puts them at ease because they then realize you are trying to do the right thing.

Ive been stopped many times and always done above and only once did officer take the gun but he did not run it.

As far as the gun goes. It is unfortunate it came back stolen.
My first question is for you to find out exactly when the gun was reported stolen.
If your brother can prove he bought it before it was reported it MAY help.
No matter what though I think it's gonna cost him quite a bit to prove himself innocent of knowledge of it being stolen.
Then again if it goes to trial the prosecutor will state ignorance of the law or condition of firearm as no excuse.
Does your brother have a receipt or anything showing who when and where he bought it from ?
This may wind up being a lesson learned he did not want.

IMO exactly the opposite. I've been hassled by the police every time i willfully gave such information. My current practice is to give my DL and when asked if i have any weapons in the car my reply is "I have no illegal weapons on me" and if asked again i just repeat "I have no illegal weapons on me". Willfully offering information to the police just gets you in trouble. Ask a good lawyer i'm sure he will tell you the same thing.

 

[O Holy P]

I've been stopped a few times while I was carrying. Never had to show it or surrender it. Funniest one was when I was passing through Mississippi one time and I told the officer he said: "okay, you don't touch yours, and I won't touch mine."

 

[Joker]

I have never told a cop that i have a gun on me unless he ask and then i show my ID. They never ran my gun to see if it was stolen..

 

[Blanca BusaLess]

IMO exactly the opposite. I've been hassled by the police every time i willfully gave such information. My current practice is to give my DL and when asked if i have any weapons in the car my reply is "I have no illegal weapons on me" and if asked again i just repeat "I have no illegal weapons on me". Willfully offering information to the police just gets you in trouble. Ask a good lawyer i'm sure he will tell you the same thing.

I see.
So you think hiding or not disclosing a legal weapon is good practice ?
What do you have to worry about ?
I know numerous lawyers and even more cops.
Most likely why you get hassled is because of what you say to them .

Guess Pa is just messed up.
I don't know but everytime and every cop I know would prefer you to tell them.
'I have no illegal weapons in the car' just sounds silly.
Sorry but that's my op.

 

[mr8ball]

Thanks for all the insight. So far it is no paper trail. He works with the guy that he bought it from. The guy claims he got it from his step dad who passed away a little over a year ago. The guy and his mother say they are going to court with him and say the above. I hope it helps. I am not sure the guy he got it from will give him any kind of paper trail now. If so I would think it might fall back on him. Hopefully we can get things worked out. He has a ton of guns and it will kill him if he get convicted of this and have to get rid of all that he has. Thanks again

 

[Blanca BusaLess]

He needs to 'sell' every single gun he owns to you on paper RIGHT NOW before he possibly does lose them.
Whether or not any money changes hands he should give ownership to you.
I also suggest he keeps them at your house till things calm down.
Last thing you and he wants if for the police to come confiscate them because he was in possession of a stolen gun.

 

[brpo]

In Va. you are not required to notify, however, my understanding is that if they run your name that info will come up... If a cop ask you if you have any weapons you must disclose. Never had any trouble with Va. cops and CCW. In fact I think they assume an honest law abiding citizen. Also, don't think you bro will have any problem with the law - it's not a crime if he bought it in good faith. But this is why I will only buy guns from dealers or people I trust implicitly and with documentation. I'd never sell to anyone I didn't implicitly trust either...

 

[BlueHaya]

I have been pulled over a couple of times for speeding and I show both of my licenses and have never been asked to show the pistol, just asked where is it and make sure it stays there.....it is right beside me when they ask.

I hope he can prove it was not stolen. Just because he bought it from this guy whose step dad owned it, doesnt mean it is not a stolen gun. If it came back stolen....it is probably stolen. They could have the numbers entered incorrectly?

I have ran numbers on a VIN where it came back stolen and I know it wasnt...could just be an error?

 

[BigBadDodge]

Colorado is required to let the officer in contact know. Most of the counties out here can actually find out just by running your plate, i know 2 counties for sure do so you dont want to hide that kind of info.
I have been stopped twice while carrying. The first time i let him know and told him it was in a open top holster just behind my seat belt. Said just as o holy p said, dont touch yours and i wont touch mine.
Second time officer disarmed me(which is actually the way the rules are written out here during a traffic stop they have the right to disarm you. I took the entire holster off my belt and handed it to him. He pulled up the gun and asked if i knew the serial(which i memorize on all my carry guns) Rattled it off to him he took it back, came back and said well guns clean, license is clean have a nice night sir.

 

[theskaz]

I got pulled over a couple times living in Mississippi. The first words out of my mouth is that there is a loaded gun in a shoulder holster (or tank bag). I say that because I had no permit but as long as I stay on the bike I am covered by the "castle law" And since they always ask me to get off the bike, i have to make sure they know that I need to remove the weapon to remain legal. Most just say "eh, dont worry about it". Cops in MS are used to dealing with armed citizens.

In CA, I just open carry.

 

[PandaNin]

In CA by law you must inform any peace officer you come into contact with that you are a CCW holder and whether or not you are armed.

Much easier to be honest.

 

[coreywiley]

I have a question since you all are talking about CCW. I served in the military for 14yrs . I read online that if you served in the arm forces that you don't have to take the CCW class just show your discharge papers and pay the fee. Is there any truth to this?

 

[Blanca BusaLess]

I have a question since you all are talking about CCW. I served in the military for 14yrs . I read online that if you served in the arm forces that you don't have to take the CCW class just show your discharge papers and pay the fee. Is there any truth to this?

Your correct. In Florida if you've served and were honorably discharged you only need your dd214 , get fingerprinted and pay the fee and your good to go no class needed.
I'm sure other states would be similar

 

[Ziggyman]

In Iowa a DD214 serves as proof of qualification for the shooting portion.

 

[brpo]

He needs to 'sell' every single gun he owns to you on paper RIGHT NOW before he possibly does lose them.
Whether or not any money changes hands he should give ownership to you.
I also suggest he keeps them at your house till things calm down.
Last thing you and he wants if for the police to come confiscate them because he was in possession of a stolen gun.

I agree with this - he will probably face additional scrutiny even if he can establish he bought the firearm without any knowledge it was stolen - maybe even a visit from ATF.

 

[BUSA GHOSTRIDER]

This is why you NEVER buy a gun without a receipt. I have sold quite a few guns, bikes, cars, and such and always do the exact same thing. It has saved me from a situation like this twice now, once with a gun and once with a bike.

I write or type out a contract with my name,
The seller or buyers name,
All contact info,
All drivers license info,
THE SERIAL NUMBER OF THE GUN or VIN #,
And two phone numbers.

I sign one copy and have the other person sign their copy. I save these in my records and that's it. I always have proof where they came from.

I'm sorry to say it but if he would have had a receipt or proof of purchase from the guy he works with the cops would have that guy in jail right now and not your brother in-law. The receipt in itself shows that the purchaser did not know it was stolen. Why would someone buying a stolen gun record a copy of the transaction?

And for a second thing, THIS IS WHY YOU REGISTER YOUR GUNS!!!!!! I can hear some far right moron talking about how he never registers his guns cause "the government is gonna take em all away one day" if he does. That's the guy that ends up in jail for purchasing a stolen firearm!

and here's a link to the law...... Virginia Law - Virginia Concealed Handgun Permit

I previously had a CCW carry permit in VA, which was quite a while ago. My instructor told me it was my discression to tell a law enforcement officer if I was carrying a firearm or not. This may have changed over the years though. I was always of the mind that if I had nothing to hide, there wouldn’t be a problem, but that's just me.