Can a Virginia driver without a concealed carry permit keep a loaded handgun in the glove box?

Plain-English summary

In May 2012, Senator Stephen Newman asked the AG four practical questions about transporting a handgun in a car when the driver could lawfully own a gun but did not have a Virginia concealed handgun permit (CHP). The AG read the 2010 amendments to Va. Code § 18.2-308 generously and gave four answers:

1. The handgun could be loaded. § 18.2-308(B)(10), added in 2010, lets a lawful firearm owner carry a handgun in a personal, private motor vehicle if it is "secured in a container or compartment in the vehicle." Other provisions of § 18.2-308 require that the firearm be "unloaded and securely wrapped," but (B)(10) does not. The AG applied the rule that when the General Assembly puts a condition in one subsection and omits it from another, the omission was intentional.

2. The handgun could be within reach. The "about his person" concealment problem under § 18.2-308(A) (accessibility for "prompt and immediate use") is overridden by (B)(10), which has no reach limitation as long as the storage condition is met.

3. The container or compartment did not have to be locked. The legislative history mattered: when the General Assembly considered the 2010 amendment, it looked at language using "locked in a container or compartment" but enacted "secured in a container or compartment" instead. Choosing "secured" over "locked" was treated as a deliberate signal.

4. Despite all of the above, an employer could still ban firearms in vehicles on its premises. The Second Amendment restrains government, not private parties, and Virginia's Constitution, while protecting the right to bear arms, also recognizes the importance of property rights. Employers, like any other private property owner, may restrict or ban weapons on their property.

The opinion is bounded: it covered Virginia law only. Federal interstate transportation under 18 U.S.C. § 926A has its own rules.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. § 18.2-308 in particular has been amended multiple times. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Va. Code § 18.2-308(A) makes it a Class 1 misdemeanor to carry a concealed weapon, including a handgun, "about his person, hidden from common observation" without a permit. The opinion states that, before 2010, this restriction precluded transporting a handgun concealed in a vehicle, including in a glove compartment or center console.

In 2010, the General Assembly added § 18.2-308(B)(10), creating an exception for "any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel." The opinion's review of the legislative history showed that "locked in a container or compartment" was considered as possible language but "secured in a container or compartment" was ultimately adopted. The AG treated that choice as deliberate.

The AG also applied standard interpretation principles: statutes are construed according to their plain language, read in pari materia, where a statute specifies certain things the intent to exclude the unmentioned may be inferred, courts may not add language the legislature chose not to include, and criminal statutes are strictly construed.

On the employer question, the opinion states that the Constitution of Virginia protects the right to bear arms but also recognizes the importance of property rights, and that the Second Amendment restrains government, not private parties. Employers, like any other owner of private property, may restrict or ban weapons on their property.

Common questions

Q: Does a Virginia driver without a concealed handgun permit need to keep a vehicle handgun unloaded?
A: Per this opinion, no. § 18.2-308(B)(10) does not include the "unloaded and securely wrapped" condition that other vehicle exceptions impose. The handgun could be loaded as long as it was in a secured container or compartment.

Q: Does "secured" mean "locked"?
A: According to the AG, no. The General Assembly looked at language using "locked" but enacted "secured" instead. So a center console or glove box that closes but does not lock would meet the exception.

Q: Could the handgun be within the driver's reach?
A: Yes, under the opinion's reading. The general concealed-weapon rule treats reach as part of the problem, but § 18.2-308(B)(10) does not include a reach limitation once the storage condition is met.

Q: Can an employer prohibit firearms in vehicles on company property?
A: Yes. The AG concluded that the Second Amendment limits government, not private parties, and that the Constitution of Virginia, while protecting the right to bear arms, also recognizes the importance of property rights. The opinion states that an individual may not keep a firearm in his vehicle at a place of employment if a company policy or signage prohibits firearms on the premises.

Q: Does this opinion cover interstate transportation of firearms?
A: No. The AG expressly limited his answer to Virginia law and noted that 18 U.S.C. § 926A governs federal interstate firearm transport, which has its own requirements.

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2012/11-111_Newman.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

May 25, 2012

The Honorable Stephen D. Newman
Member, Senate of Virginia
Post Office Box 480
Forest, Virginia 24551

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

Dear Senator Newman:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issues Presented

You present several questions related to the possession and storage of firearms in vehicles by persons who may lawfully possess a firearm but have not been issued a concealed weapons permit. You first ask whether a handgun can be loaded inside a vehicle and under what conditions. Your second inquiry concerns whether a handgun can be within the reach of a driver or a passenger inside a vehicle. You next ask whether a center console, glove compartment or any other "container or compartment" must be locked to constitute a "secured container or compartment." Finally, you ask whether an individual can keep a firearm in their vehicle at their place of employment even if there is a company policy or signage stating it is not allowed.

Response

My response is limited to the application of Virginia law. Federal law may have different requirements governing the transportation of firearms in motor vehicles across state lines. See 18 U.S.C. § 926A.

It is my opinion that, provided the handgun is properly secured in a container or compartment within the vehicle, persons who may lawfully possess a firearm but have not been issued a concealed weapons permit may possess, in a vehicle, a handgun that is loaded and the handgun may remain within reach of a driver or passenger under such conditions. It further is my opinion that, for a handgun to be "secured in a container or compartment," such storage tool need not be locked. Finally, it is my opinion that an individual may not keep a firearm stored in his vehicle at a place of employment if there is a company policy or signage prohibiting firearms on the premises.

Applicable Law and Discussion

Section 18.2-308(A) of the Code of Virginia prohibits the carrying of a concealed weapon without a permit. Prior to 2010, unless a limited exception applied, this restriction precluded the transportation of a handgun in a concealed manner in a vehicle, including instances where the firearm was stored in a glove compartment or center console. In 2010, the General Assembly amended § 18.2-308 to add § 18.2-308(B)(10), which carves out a further exception for "any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel." You inquire regarding the application of this exception.

Several principles of statutory construction apply to the questions you pose. First, statutes are to be construed according to their plain language. Further, statutes are not to be read in isolation; rather, sections related to the same subject matter are to be read in pari materia. Also, where a statute specifies certain things, the intention to exclude that which is not specified may be inferred, and "[courts] may not add to a statute language which the legislature has chosen not to include." Finally, criminal statutes are to be strictly construed.

You first ask whether the handgun must be unloaded for the exception of § 18.2-308(B)(10) to apply. The other provisions of § 18.2-308 pertaining to the transportation of firearms in a motor vehicle set forth additional limited exceptions "provided that the weapons are unloaded and securely wrapped while being transported." Section 18.2-308(B)(10) does not include similar language. Had the General Assembly intended to condition the application of § 18.2-308(B)(10) by requiring the transported handgun to be unloaded, it clearly knew how to do so. I therefore conclude that, provided that the handgun is stored in a manner as prescribed in § 18.2-308(B)(10), a handgun can be kept loaded inside a vehicle when possessed by someone who may lawfully possess a firearm but has not been issued a concealed weapons permit.

You next ask whether a handgun that is being transported in a motor vehicle may be within reach of the driver or a passenger. Section 18.2-308(A) makes it a Class 1 misdemeanor for any person without a permit to carry a firearm "about his person, hidden from common observation." Under the statute, "about his person" contemplates "the accessibility of a concealed weapon for prompt and immediate use" and therefore such weapon may not be within reach. Nonetheless, § 18.2-308(B)(10) provides an exception to the prohibition when carrying a handgun in a vehicle. That exception applies when the handgun is "secured in a container or compartment in the vehicle[.]" There is no further condition placed on the exception. Thus, provided the handgun is stored accordingly, it can be within the reach of a driver or a passenger inside the vehicle.

You also ask whether a center console, glove compartment or any other "container or compartment" must be locked to constitute a "secured container or compartment." The legislative history of the 2010 amendment shows that the container or compartment storing the handgun need not be locked for the exception to apply. When § 18.2-308 was amended to include § 18.2-308(B)(10), "locked in a container or compartment" was considered as possible statutory language; however, "secured in a container or compartment" was the wording that was ultimately adopted. By choosing "secured" instead of "locked," the General Assembly evinced its intention that a handgun may be carried in a vehicle without requiring the container or compartment storing it to be locked.

With respect to your final inquiry, an employer can ban firearms on its property if it so chooses. The Constitution of Virginia protects the right to bear arms, but it also recognizes the importance of property rights. Moreover, the Second Amendment acts as a restraint on government, not private parties. Employers can, like any other owner of private property, restrict or ban the carrying of weapons onto their property.

Conclusion

Accordingly, it is my opinion that, provided the handgun is properly secured in a container or compartment within the vehicle, persons who may lawfully possess a firearm but have not been issued a concealed weapons permit may possess, in a vehicle, a handgun that is loaded and the handgun may remain within reach of a driver or passenger under such conditions. It further is my opinion that, for a handgun to be "secured in a container or compartment," such storage tool need not be locked. Finally, it is my opinion that an individual may not keep a firearm stored in his vehicle at a place of employment if there is a company policy or signage prohibiting firearms on the premises.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General