Virginia Court of Appeals ruling further defines 'concealed'

[hammAR]

Virginia Court of Appeals ruling further defines 'concealed'
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In a well-written, concise ten-page ruling, the Virginia Court of
Appeals overturned the conviction of a man on a concealed weapon
charge (without a permit). This ruling may further affect one's
leaving a gun in a car console, glove compartment, horse or
motorcycle saddlebag.

Cliff's Notes: If you place a handgun in a console and exit the
vehicle, the gun is not considered to be "about your person" while
you are out of your closed vehicle and therefore the gun is not
considered to be concealed.

In the subject case, Mr. Joseph Pruitt of Danville, was involved in a
car accident while on his way to work on 6 October 2004. Mr. Pruitt
had been on his way to work with a gun in open view on the front
passenger seat of the car, and carried the weapon this way routinely.
Following the accident, the injured Mr. Pruitt expected his car would
need to be towed from the scene. His gun had been thrown from the
seat to the floor of the vehicle. Mr. Pruitt thought it prudent to
secure the gun, and placed it in the car's center console, then
exited the vehicle. Later, while Mr. Pruitt was in the ambulance
receiving medical treatment, the policeman at the scene searched the
accident vehicle in accordance with policy, and found the gun. The
policeman informed Mr. Pruitt he would be charged with possession of
a concealed in violation of Code ß 18.2-308(A). The Commonwealth
pressed the charges as a second offense (Mr. Pruitt had received a
prior conviction in 1997) and prevailed at a bench trial. Mr. Pruitt
was convicted, and sentenced to three years in prison, all suspended.
Mr. Pruitt appealed.

Several courts refused to hear the appeal. At issue in the appeal
was whether or not Mr. Pruitt had access to the gun "about his
person" as required in the statute. In those opinions, the courts
found the appeal without merit, citing other cases where individuals
were found or not to have a weapon concealed about their person.

The Virginia Court of Appeals found that there were significant
differences between the previous cases and Mr. Pruitt's case. In
this case, the court found that Mr. Pruitt, in placing the gun in the
car's center console, and immediately exiting the vehicle with doors
closed and windows rolled up, did not have the gun available for
ready use or surprise, as intended by the statute. He therefore did
not have the gun concealed "about his person". The court reversed
and dismissed Mr. Pruitt's conviction.

The ruling is here:

<http://www.courts.state.va.us/opinions/opnscvwp/1061701.pdf>

NOTE: Always, where legal questions arise in your individual case,
please consult a qualified lawyer (one place to start is the list of
Virginia gun-friendly lawyers:
<http://www.hkshooter.net/lawyers/>).