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Should Police Be Informed Of A Concealed Gun At A Traffic Stop?

Yes, they should. When a police officer makes a stop, he checks on the driver before he even approaches the car. He is going to get on his radio or monitor for information about the person he is about to go talk to. If it shows up that that person has a concealed carry permit, then the officer’s assumption is going to be that not only does he have the permit but he also has a gun. He is going to come up to the car concerned about his safety.

People who carry concealed are advised to have their hands out in the open where the officer can see them, so when the officer approaches, he is at ease and does not have to feel like he is in danger. Explain to the office that you have the gun in plain sight, let him know that you have got the gun and do not put your hand near it because if you touch your gun when the officer is nearby, that is going to make him very nervous.

He has to be put at ease.  Normally I advise people do not talk to police about anything which could tip them off about a crime.  It is your right to remain silent.  When it comes to this one, it is not against the law to have the gun. You might as well just have your hands out in the open and if you have that gun, just say you have got it.

Applying For A Concealed Carry Permit In Virginia

In every jurisdiction in Virginia, you can take an application and apply to that circuit court for the permit and it takes approximately forty-five days or less to get the concealed carry permit. It also costs, at the most, fifty dollars. You will have to answer some background questions to show that you are not one of the prohibited people.

They will issue the card to you after you pass all questions and the background check. It has your name, biographical information and a good physical description of you, more so than your driver’s license.  It does not have a picture on it and then it says that you are authorized to carry concealed. It takes more than thirty days to receive the card.  After forty-five days, you are allowed to take the application that you filed and use that as your permit until they come back with your real permit.

The Penalties For Carrying A Concealed Weapon Without A Permit

If you have a concealed weapon without the proper authority, it is typically a Class I misdemeanor for the first time. If you are carrying a gun and you do not have your permit yet and you get caught, they could fine you up to a $2,500. You could get up to a maximum of one year in jail. If you get caught for a second time that is what they call a Class VI felony. If you get caught without your concealed carry permit or you are breaking the rules related to the concealed carry, on the second offense they could put you in jail again. It is one year in jail.

They count the jail time a little bit differently. It actually comes out to double the jail time and a fine of up to $2,500.  That is a Class VI felony. Then if you are convicted more than twice or whatever amount of time, they call that a Class V felony. It gets a little bit more serious with each conviction.  That is what happens if you break the concealed carry laws. As for carrying a weapon open that you are not allowed to carry; that usually is not a gun because for the most part, guns are allowed to be carried open.

If you have your gun and it is an illegal weapon, it is usually a Class I misdemeanor. For example, if you have a Bowie knife, some nun-chucks, throwing stars or you happen to be a person not allowed to carry a gun, or you have a mental health issue, a restraining order, a conviction for domestic assault.  Those are some reasons you may not carry a gun.  That would be a Class I misdemeanor.  These are all assuming that you did not use that weapon or make anyone afraid that you were about to use the weapon.

For more information on Informing Police About Having A Weapon, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 691-4366 today.

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