Notify Law Enforcement Officer in VA???
This is a discussion on Notify Law Enforcement Officer in VA??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Rmac58
goaway..., seems you have trouble obeying the traffic laws in Va. (and you reside here!) I live in close proximity to ...
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November 15th, 2009 09:17 PM
#16
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Originally Posted by
Rmac58
goaway..., seems you have trouble obeying the traffic laws in Va. (and you reside here!) I live in close proximity to PG county.
As mentioned, no need to notify, but if you are stopped for a legitimate reason, the officer has a rational inquiry. (probable cause?) If you do not have a CC permit, have the weapon in plain sight. If you do have a permit, it's a non issue.
Okay? And please stop breaking the law, I don't want to be around folks that habitually do.
Sorry, I'm not perfect driver, but I am FAR from "habitual"...These two stops were separated by YEARS. The 1st was in 1997, the second was 12 years later!... I am also well versed in the carry laws in Va. I've been carrying with a permit for nearly 20 years, long before Va. became 'shall issue'. In BOTH cases I had a permit & the LEOs didn't treat the firearm as you put it "a non-issue".
Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca
"If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper
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November 15th, 2009 09:17 PM
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November 15th, 2009 09:23 PM
#17
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Originally Posted by
Treo
No, the alternative is to let him have the point and shut up.
Why should I let him "have the point"?......He was WRONG! I was polite BUT insistent in my response. All I did was tell him there IS NO REQUIREMENT TO NOTIFY in Va.
You extended the interaction, not the cop if he wasn't threatening to ticket you or arrest you over not informing him let it go. If he was let him do it you'll own the city (after lawyer's fees)when it's all said and done
He didn't threaten to arrest me, HE THREATENED TO HOLD ME AT GUN POINT! My intent was to inform him of HIS ERROR. I don't care if he was POTUS himself...if he's wrong, I'll say so....If I'm wrong I expect the same from him......& guess what?!?.... I got a ticket for the traffic offense......NOT for telling him he was wrong!
Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca
"If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper
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November 15th, 2009 09:31 PM
#18
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Originally Posted by
goawayfarm
Sorry, I'm not perfect driver, but I am FAR from "habitual"...These two stops were separated by YEARS. The 1st was in the in 1997, the second was 12 years later!... I am also well versed in the carry laws in Va. I've been carrying with a permit for nearly 20 years, long before Va. became 'shall issue'. In BOTH cases I had a permit & the LEOs didn't treat the firearm as you put it "a non-issue".
Okay, but the original post didn't distinguish the length of time between offenses. You brought up two situations, both of which resulted in the officer acting appropriately, at first, anyway. How could anyone know they didn't happen the same day?
Knowledge of Virginia's laws prompted this thread how?
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November 15th, 2009 09:37 PM
#19
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Why should I let him "have the point"?......He was WRONG! I was polite BUT insistent in my response
He's getting paid to sit there on the side of the road and argue the point all you get out of it is later and later and later to that funeral you're going to. If that was a fair exchange to you go for it.
On the side of the road the cop is never wrong
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November 16th, 2009 09:42 AM
#20
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Originally Posted by
Rmac58
Knowledge of Virginia's laws prompted this thread how?
The original post & title of the thread is titled "Notify Law Enforcement Officer in VA???"
The original poster wanted to know if it is REQUIRED. It's not, but apparently a lot of people, LEOs included, believe it is....
Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca
"If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper
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December 2nd, 2009 04:33 PM
#21
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From LEOs that I have had this discussion with, they would prefer you notify them rather than they find out on their own. You don't want to surprise a state trooper when your shirt pulls out and he sees a holstered pistol. In most cases the LEO is not going to take your weapon if you are in legal possession of it. If you are open carrying, he will likely proceed as he would for a felony traffic stop and you may be staring down the barrel of a Glock or whatever they are carrying now a days.
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December 2nd, 2009 05:33 PM
#22
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I'll just add my story. I was stopped by a Fairfax policeman on Rte. 7100 for changing lanes without a signal. At the time, I was under the impression that you needed to notify if carrying, but not otherwise. I was carrying. By the time the officer came to the window, I had my registration, license and CHP in hand, and both hands on the wheel. I handed them to the officer, he told me why he stopped me, returned my CHP after glancing at it and went back to his vehicle. No other comments. When he returned, he handed me my license, registration and a warning. All in all, a very professional and pleasant experience. No mention of my weapon the whole time (which was kept holstered in a shoulder rig under my jacket). That is the only time I've been stopped while carrying (and the first time in many years).
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December 2nd, 2009 06:15 PM
#23
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December 2nd, 2009 06:41 PM
#24
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I live in Virginia, and unfortunetly got stopped for speeding (state trooper). I had my hands on my steering wheel. He took my info and when he returned he asked me if I was currently carrying. I said no, I work for the goverment and not allowed to carry on base and that I was on my way home from work. He was fine and said nothing else. When he ran my "license" is when he found out I had a permit. I have been told if you get stopped just keep your hands on the steering wheel and you will be fine. I did and I was fine.
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December 2nd, 2009 07:06 PM
#25
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A little blast from the past:
The Virginia Citizens Defense League reports three Fairfax County, VA police officers are involved in a false arrest of a North Carolina man.
************************************************** ********
We haven't had any issues with the Fairfax County police in quite a while now. I have found them to be one of the best run police agencies in Virginia, stated Philip Van Cleave.
However, three officers tarnished that image last week when they unlawfully arrested a North Carolina resident who was legally carrying a handgun and had a North Carolina CHP.
Hold on tight - this is a weird story.
The gun owner was pulled over for running through a red light, a charge which the gun owner disputes.
The gun owner, believing that he had to disclose he was lawfully armed as they do in North Carolina, dutifully told the officer he had a NC CHP and was indeed armed.
The officer seemed to ignore the statement, but very shortly two more patrol units pulled up. The next thing the gun owner knew he is in a "felony stop" mode. He was asked to walk backwards towards the officers, who then disarmed and handcuffed him.
While trying to unloaded his gun, THEY DROPPED IT ONTO THE ROAD!
The two officers and a SERGEANT then proceeded to tell him that he was under arrested for:
1. Having hollow point bullets, which they claimed were illegal in Virginia (!)
2. Taking a loaded gun across the state line, which the gun owner was told was a FELONY (!)
3. Having a concealed gun that the police said he couldn't have since he was from North Carolina (!!)
His car and gun were impounded and he was taken off to a magistrate.
The magistrate looked at the charges and told the police officers that they had just made a false arrest.
The officers pointed out the possession of hollow point bullets. The magistrate asked, "are they teflon coated?"
"No," replied on of the officers.
"Then they are legal."
Trying to find something that would stick and justify the false arrest, one of the officers said, "We couldn't verify that his North Carolina permit is valid."
The magistrate looked at the permit, noticed the phone number on the back where one can call to verify the permit, called the number, and within a few minutes found out the permit was indeed valid.
The gun owner was ordered to be released.
After being released from custody, the gun owner was given a hard time by another officer about getting his gun back, but he did finally get it back.
If all of that isn't bad enough, the arresting officer went ahead and gave the gun owner a ticket for the alleged offense of running a red light!
In essence, with that brilliant move, the officer was practically BEGGING the gun owner to PLEASE sue Fairfax Count for the false arrest!
I have already talked to my high-level contact with the Fairfax County PD about this entire situation and the gun owner has filed a formal complaint.
In the past, Fairfax County PD has been very good when such internal investigations are required. Now we will wait and see what happens.
What is clear is that Fairfax County PD needs to educate its officers on:
1. Possession of hollow point bullets
2. Reciprocity laws
3. Lawful carriage of firearms across state lines
4. Safe gun handling (a few years ago unsafe gun handling by an officer cause a gun to discharge, killing an unarmed, handcuffed man)
-------------------------------------------
************************************************** *************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.
VCDL web page: Virginia Citizens Defense League, Inc. (VCDL)
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