Leith v. Commonwealth
440 S.E.2d 152, 17 Va. App. 620, 10 Va. Law Rep. 835 (1994)
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Rule of Law:
A weapon located in a locked compartment within a vehicle is considered carried 'about his person' and 'readily accessible' for the purpose of a concealed weapon statute if the key to the compartment is immediately available to the carrier.
Facts:
- On July 22, 1991, a police officer observed Robert B. Leith make an improper left turn.
- During the ensuing traffic stop, Leith voluntarily informed the officer that a pistol was in a locked console compartment in his vehicle.
- Leith's vehicle was a jeep with no sides or trunk.
- The console compartment, made of diamond plate steel, was bolted to the floor between the driver’s seat and the front passenger seat.
- The console compartment was secured by a key lock.
- A key fitting the console lock was on the key ring with Leith's ignition key.
- The officer used the key to open the console and retrieved a loaded pistol.
Procedural Posture:
- Robert B. Leith was convicted in a trial court of carrying a concealed weapon in violation of Code § 18.2-308.
- Leith appealed his conviction to the Court of Appeals of Virginia.
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Issue:
Does a pistol, located in a locked console compartment bolted to the floor of a jeep with the key on the ignition key ring, constitute a weapon carried 'about his person' and 'readily accessible' within the meaning of Virginia's concealed weapon statute?
Opinions:
Majority - Moon, C.J.
Yes, a pistol in a locked console compartment within a vehicle, with the key immediately available to the driver, is considered carried 'about his person' and 'readily accessible' under the concealed weapon statute. The court affirmed Leith's conviction, rejecting his argument that the pistol was not 'about his person' because it was not physically connected to him. Precedent from cases like Schaaf v. Commonwealth and Watson v. Commonwealth established that 'about his person' means simply 'close to the carrier.' Leith's console was located adjacent to him, supporting this finding. The court also rejected Leith's contention that the pistol was not 'readily accessible' because the console was locked. It cited Schaaf and Watson again, defining 'readily accessible' as available for 'prompt and immediate use' or 'without much difficulty.' The court reasoned that Leith was in complete control of the situation with the key at his immediate command on the ignition key ring, making the weapon readily accessible despite the lock. This interpretation aligns with the purpose of such statutes: protecting the public by preventing individuals from having readily available weapons of which others are unaware, and is consistent with other jurisdictions that have upheld convictions for weapons locked in glove compartments.
Analysis:
This case significantly broadens the interpretation of 'about his person' and 'readily accessible' under concealed weapon statutes, particularly for items stored within a vehicle. It establishes that minor physical impediments, such as a locked compartment, do not negate the 'readily accessible' element if the means of access (e.g., a key) are immediately available to the individual. This ruling provides clear guidance for law enforcement and courts, making it more difficult for individuals to avoid conviction by placing a weapon in a locked but easily opened container within their immediate control, thus reinforcing the public safety objective of such laws.
