Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Does a gun under the driver in the driver's seat fulfill the element of "carry on or about a person"?

1. Yes

2. No

3. Only if it is concealed

4. Only if within reach

The correct answer is: Yes

The concept of "carry on or about a person" generally refers to the ability of an individual to have immediate access to a weapon. When a firearm is located under the driver in the driver's seat, it can be considered as "carrying" because it is within the person's immediate vicinity and accessible. The key factor here is the accessibility of the firearm; even if it is not visibly on the person, its placement under the seat still allows the driver to reach for it quickly. In legal terms, the interpretation of this phrase often extends beyond strict physical possession to include objects that a person can easily access, situating the gun under the driver's seat within that definition. This establishes that the individual maintains control and can utilize the firearm without significant delay, thus fulfilling the element intended by the phrasing "carry on or about a person." The other choices might limit the definition in ways that do not align with this broader legal interpretation. Such limitations could create unnecessary barriers that would not hold up in a comprehensive understanding of access and control concerning firearms.