tag:blogger.com,1999:blog-4098620.post6421586881367424012..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Virginia's New LawsUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4098620.post-26289378467761033852010-05-22T22:55:57.132-04:002010-05-22T22:55:57.132-04:00I actually had a Judge dismiss a glove compartment...I actually had a Judge dismiss a glove compartment case because no evidence was introduced as to the location of the glove compartment in this particular model of car, therefore, no evidence the gun was readily accessible to the driver!<br /><br />Great result, but never saw that "logic" coming.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-69453881441290625962010-05-04T07:36:21.127-04:002010-05-04T07:36:21.127-04:00Actually, I was not kidding about that one. You ar...Actually, I was not kidding about that one. You are correct that this would likely not be prosecuted in the jurisdiction I'm currently in. However, before I became a prosecutor, I was a defense attorney in Central Virginia and defended several people who had the pistol locked in the glove compartment (not even the central console). Usually, the prosecutor was satisfied with forfeiture of the firearm and dismissal. It always bothered me and I'm glad to see the law changed.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-87924735877565552992010-05-03T16:39:08.426-04:002010-05-03T16:39:08.426-04:0018.2-308: It is not illegal to have a concealed fi...18.2-308: It is not illegal to have a concealed firearm in a car if it is locked in a compartment or a container.<br />----------<br />COMMENT: Think goodness. No more weapon concealed in the locked glove compartment charges.<br />----------<br /><br /><br />By your comment I assume that your county would unlikely prosecute such a case. However, as a defense attorney in Northern VA, my client wasn't so lucky w/his situation up here. My client, (former federal law enforcement and former special forces) had his handgun locked in his SUV's center console [though the officer said it was unlocked, 2 witnesses including his teenaged daughter in the car said it was locked]. <br /><br />Citing Keith v. Commonwealth, 17 Va. App. 620 (1994), the GDC judge accepted Commonwealth's argument that even if the gun was locked in the center console, it was still "readily accessible" under Va. Code 18.2-308 because it was "near or about the carrier's person." My client, who was also a firearm instructor, had a concealed weapon permit that had just expired shortly before the traffic stop. <br /><br />Much to my shock, the prosecutor's best offer was a conviction as charged, suspended jail, a fine, and forfeit right to re-apply/validate his concealed weapon permit for a year. At trail phase, judge wouldn't hear about my client's background on firearm saftey and instruction (which I argued was relevant to support his claim he locked the gun in the center console), and found him guilty. About 10-15 minutes into my sentencing argument, in which I established my client was like Captain America, the GDC judge finally realized my client was a good guy and thus suggested a deferred finding. <br /><br />So, in the more reasonable jurisdictions this new law would seem unnecessary, but....<br /><br />Matt K.<br />Attorney-at-LawMatt K.noreply@blogger.com