ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, January 13, 1994                   TAG: 9401130042
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: Ray Reed
DATELINE:                                 LENGTH: Medium


GUN-TOTIN' RARELY LEGAL, EVEN IN OPEN

Q: I'd like to know if it's legal to carry a gun exposed in the city or in Virginia. I know, of course, that you can't carry a gun concealed. Also, can you have one in a car? D.W., Daleville

A: Toting a firearm in public is a bundle of risk and trouble.

The technicalities that can lead to a violation are endless.

It's not specifically illegal to carry a gun in full public view except near schools and courthouses, and in localities that forbid it under local ordinances.

Outside of those locations, carrying a gun openly generally is legal unless a coat or shirttail inadvertently covers the weapon, even momentarily.

There are other inconveniences, too.

First, any police officer who sees a sidearm can be expected to accost the carrier and inquire into his or her intentions. Second, the gun probably will cause some concern among people walking nearby. Third, it could provoke some folks.

People who need the protection of a firearm for business reasons can ask a court to issue them a permit. That's probably the simplest solution, given the complexity of local and state ordinances regulating firearms.

Handguns in cars are subject to the same legal principles as handguns carried on the person.

If a loaded pistol is in full view on the seat beside a driver who has never been convicted of a felony, all's legal until he or she drives within 100 yards of a school property line or into a locality that forbids the transport of any loaded firearm.

If anything - a coat, for example - covers the gun, it becomes a concealed weapon. Put the gun under the seat and that's illegal, too.

If you're under 18 in Roanoke County, driving with any loaded gun is illegal.

Years ago, a Supreme Court ruling known as the "saddlebag law" allowed people to carry a weapon out of sight in their vehicle, purse, briefcase or bag. A more recent ruling by the court found a loaded gun in a purse to be a concealed weapon. Weapons concealed in vehicles fell into the same category.

This legality led to the arrest of a Roanoke County teen-ager recently after a police officer found an AK-47-type assault rifle under a coat on his back seat.

His case was taken under advisement.

Apparently, the places where a pistol can be carried without risking legal hassle are within the home, in the woods or at a firing range.

Bill Broadhurst of the Roanoke County commonwealth's attorney office provided some of this information.\ Don't forget to duck

Q: On a U-Haul I rented, the height of the truck was 11 feet, whereas Shaffers Crossing posts its clearance at 10 feet 3 inches. Shaffers looks to be lots higher than that. Which part is only 10-foot-3? L.W., Roanoke

A: Light fixtures inside the tunnels of this Roanoke railroad landmark dictate the low clearance.

Modern tunnels are built with recessed light fixtures that aren't exposed to high trucks. Shaffers apparently was built before lights were required in tunnels.



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