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September 11, 2017

4-year-old accidentally shot in Opal truck stop lot

A 4-year-old girl survived an accidental shooting Friday night in the back seat of vehicle parked at Quarles Truck Stop near Opal. 
 
Two adults and three children travelling from Winchester to Colonial Beach stopped at the truck stop, sheriff’s office Sgt. James Hartman wrote in a press release.

“While at the business, the children were left unrestrained and unsupervised in a vehicle in the parking lot,” the press release read.

A 2-year-old boy “in the vehicle gained access to an unsecured firearm and accidentally discharged it, striking a 4-year old female in the upper body,” according to Sgt. Hartman.

“The two adults returned to the vehicle and allegedly left the area without obtaining proper medical treatment for the 4-year-old’s serious injury,” he added. “The children and adults were later located in Westmoreland County later in the night. Authorities were called and the child was later taken to a trauma center where she was treated and released. The other child was uninjured.”

Authorities charged Isaiah Marshall Davis, 26, of Winchester with:

• Three felony counts of abuse and neglect of children.

• Reckless handling of a firearm and allowing access to a firearm by children. 

As of Monday, Mr. Davis remained in the Northern Neck Regional Jail. 
 
“Under the Code of Virginia, it is unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen,” the press release read. “Any person violating the provisions of this subsection shall be guilty of a class 3 misdemeanor.”
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Jim Griffin · September 12, 2017 at 7:04 pm
Wikipedia says simply visible in vehicle, needn't be locked container.

https://en.wikipedia.org/wiki/Gun_laws_in_Virginia

Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.

For open carry in a vehicle, the firearm must be "properly secured in a container or compartment within the vehicle" (ie glove box, center console, trunk, etc). The container/compartment does not have to be locked, the firearm may be within the reach of the driver or a passenger, and the firearm may be loaded. This does not preempt an employer from prohibiting firearms "at a place of employment if there is a company policy or signage prohibiting firearms on the premises."[3] Furthermore, a "county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality." However, this does not "apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business."

In addition, a firearm may be considered "open carry" in a vehicle if the firearm is openly visible, though this is not as well established as the "secured in a container/compartment" rule.
citizen observer · September 12, 2017 at 6:56 pm
I'm sorry, I didn't mean registered. I meant if he had a valid conceal carry permit. With one the gun can be just about anywhere in the car. Without one it is supposed to be in a secure, though not locked, container. This article says the 2 year old grabbed the unsecure gun. If so this moron needs to lose his concealed carry permit.

http://www.virginialawoffice.com/blog/how-can-i-legally-carry-a-firearm-in-my-car
Jim Griffin · September 12, 2017 at 2:13 pm
We've certainly seen worse recently here in Virginia, and from a sheriff's deputy:

http://bit.ly/2wVoLpP

A four-yr-old at an Orange County, Virginia, daycare center was killed by a sheriff deputy's unattended gun, which proves morons have no monopoly on poor gun safety practices. Yes, that's correct, a child is dead because a deputy left a gun unattended at a daycare center in his home.

A question for citizen observer, who wrote "I wonder if the gun was legally registered." What law requires registration of a gun in Virginia?

Answer: None.

http://smartgunlaws.org/registration-of-firearms-in-virginia/

The charges in the death of the child were the same as in this incident: Reckless handling of a firearm and child neglect. This child was treated and released; The deputy's gun killed the child at a daycare center.
mcm37 · September 12, 2017 at 12:20 pm
I'm sure it was, otherwise there would have been an additional charge for illegal firearms possession.
citizen observer · September 11, 2017 at 7:53 pm
Wow, what a moron. I wonder if the gun was legally registered.
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