Myers v. Commonwealth
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The Supreme Court reversed Defendant's conviction of carrying a concealed weapon, second offense, in violation of Va. Code 18.2-308, holding that the trial court erred by failing to apply the statutory exception to criminal liability recognized in subsection 18.2-308(C)(8).
The court of appeals affirmed Defendant's conviction for violating section 18.2-308(A). On appeal, Defendant argued that the statutory exception to criminal liability recognized by subsection 18.2-308(C)(8) applied to the undisputed facts of this case. The Supreme Court agreed and reversed, holding that Defendant was entitled to the protection of subsection (C)(8)'s exception to criminal liability for carrying a concealed weapon because the handgun at issue in this case was secured in a container within Defendant's personal, private vehicle.
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