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; Just wondering if I have to notify a LEO that I am carrying when/if I get pulled over, and if so, can you please let ...

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Thread: Notify Law Enforcement Officer in VA???

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    New Member Array monkeystomach's Avatar
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    Notify Law Enforcement Officer in VA???

    Just wondering if I have to notify a LEO that I am carrying when/if I get pulled over, and if so, can you please let me know where you got the info or cite the code.


    Thanks,
    Monkey

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    Check the Handgunlaw.us site that is a sub forum of this forum...Learn the carry laws of your state...don't rely on someone on the internet....
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    Ex Member Array Treo's Avatar
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    I deleted the list because according to this statute it appears that you do not have a legal duty to inform
    Resident Concealed Handgun Permits

    Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides. Please contact the applicable court for specific instruction on the application process.

    Virginia Code Section 18.2-308 - Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

    Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which the weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of 18.2-308(A), unless some particular fact or circumstance renders the weapon inaccessible. Virginia State Police - Resident Concealed Handgun Permits


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    Quote Originally Posted by TX-JB View Post
    Check the Handgunlaw.us site that is a sub forum of this forum...Learn the carry laws of your state...don't rely on someone on the internet....
    Right answer.
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    Member Array NosaMSirhC's Avatar
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    You aren't obligated to notify in The Commonwealth of Va. but your encounter may go better if you do. Especially in NoVA and here in some Hampton Roads communities.

    I was stopped one time near Waverly on US 460 by VSP (wasn't carrying at the time) for license plate covers. When I was initially stopped my hands were in the air and I watched the trooper in the mirror. He was very friendly and told me to put my hands down.

    After he told me "why" he stopped me he wanted my drivers license and registration. As the trooper returned to my truck he was very slow, had his hand on his service weapon and says to me "are you armed?" I told him "No". He still very slowly approached my truck and then asks me why I didn't tell him I had a CHP. My reply was that I figured he already knew since as soon as he ran my plates it comes back as a CHP holder, I was not obligated to tell him and why in the world did he think I had my hands in the air?

    Long story short I get lectured for several minutes about not notifying but finally he gives me back my stuff and is on his way as I was too.

    He was an old time trooper too, he had more service stripes on his forearms than the man upstairs.

    Do your own research and get accurate information like others have said. This is my personal experience in a state that you are not obligated to notify in and as always, YMMV.

    Be Safe,

    NosaM
    "In a crisis, you will not rise to the occasion, but you will default to the level of your training."

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    Senior Member Array Zsnake's Avatar
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    Treo....that's very interesting.
    At the last gun show I was at, someone was selling ASPs and I was interested. Two Va. St. Policemen were talking and I asked them about the legality of owning/carrying one. They both agreed that there was no law against it.
    Guess they failed that part of the course!

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    You probably won't find the section of VA code that says you don't have to notify...because it doesn't exist. In other states, there are specific laws that state a permit-holder must notify LEOs in the event of a traffic stop (for example).

    VA does not have that provision in their concealed carry law: http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

    Thus, if you are not legally required to disclose, don't.
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    Member Array CommonMan101's Avatar
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    Quote Originally Posted by Zsnake View Post
    Treo....that's very interesting.
    At the last gun show I was at, someone was selling ASPs and I was interested. Two Va. St. Policemen were talking and I asked them about the legality of owning/carrying one. They both agreed that there was no law against it.
    Guess they failed that part of the course!
    There are many things we are allowed to own but not carry concealed.

    I don't think Treo's post addressed open carry or ownership of said weapons - just that you can't carry them concealed.

    Make sense how the officers' opinions and Treo's post don't really conflict?

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    You do NOT have to notify in Va! I have checked with VSP, VCDL & the State AGs office!

    I have been on both sides of this issue when being stopped.....BOTH incidents didn't, in my opinion, go very well.

    Both involved the Va. State Police....(who have an open door policy....If they open their door, you're getting a ticket.)

    The first incident I notified the LEO & was in Norfolk, Va. When trooper approached I had both hands on the wheel & I told him that I would have to reach my wallet. I then handed him my driver's permit & carry permit. He then got nervous & placed his hand on his firearm. He asked where the firearm was (on my hip in a holster with a thumbstrap). He then reached in to remove it from my holster! After he struggled with the thumb-strap, he then proceeded to sweep me with my own weapon! He then returned to his vehicle with my firearm (where I'm sure he ran the serial number). When he came back he gave me the ticket, then handed me my EMPTY gun, unloaded magazine & a ziplock bag with the bullets in it!

    The second incident I didn't notify. I was in Colonial Heights Va. As in the previous stop, I had both hands on the wheel when he approached the vehicle. I then gave him my driver's license. He went back to his vehicle where he wrote the ticket. After he gave me the ticket he then asked me if I was armed. This is when it got 'interesting'........ He asked me if I was armed & I responded honestly in the affirmative. He then started to berate me for NOT notifying him I had a firearm. He told us that there is a 'requirement to notify'. I told him that there was NO requirement in Virginia.....At that point he got visibly irritated & proceeded to tell us (my wife was also in the vehicle) that had he seen the firearm, that I would have 'been held at gunpoint' by him! I again told him that Virginia has no requirement to notify. He then repeated that he would have pulled his gun on me had he seen it! The ironic thing is if the firearm had been visible I wouldn't have needed to have a concealed permit, since open carry is legal WITHOUT a permit!

    So you take your chances.........notify & possible get shot with your own weapon & have the serial number run....OR don't notify & possibly get a LEOs weapon pointed at you.......no good solution if the LEO is the least bit antigun.
    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

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  12. #11
    Member Array NosaMSirhC's Avatar
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    Quote Originally Posted by goawayfarm View Post
    You do NOT have to notify in Va! I have checked with VSP, VCDL & the State AGs office!

    I have been on both sides of this issue when being stopped.....BOTH incidents didn't, in my opinion, go very well.

    Both involved the Va. State Police....(who have an open door policy....If they open their door, you're getting a ticket.)

    The first incident I notified the LEO & was in Norfolk, Va. When trooper approached I had both hands on the wheel & I told him that I would have to reach my wallet. I then handed him my driver's permit & carry permit. He then got nervous & placed his hand on his firearm. He asked where the firearm was (on my hip in a holster with a thumbstrap). He then reached in to remove it from my holster! After he struggled with the thumb-strap, he then proceeded to sweep me with my own weapon! He then returned to his vehicle with my firearm (where I'm sure he ran the serial number). When he came back he gave me the ticket, then handed me my EMPTY gun, unloaded magazine & a ziplock bag with the bullets in it!

    The second incident I didn't notify. I was in Colonial Heights Va. As in the previous stop, I had both hands on the wheel when he approached the vehicle. I then gave him my driver's license. He went back to his vehicle where he wrote the ticket. After he gave me the ticket he then asked me if I was armed. This is when it got 'interesting'........ He asked me if I was armed & I responded honestly in the affirmative. He then started to berate me for NOT notifying him I had a firearm. He told us that there is a 'requirement to notify'. I told him that there was NO requirement in Virginia.....At that point he got visibly irritated & proceeded to tell us (my wife was also in the vehicle) that had he seen the firearm, that I would have 'been held at gunpoint' by him! I again told him that Virginia has no requirement to notify. He then repeated that he would have pulled his gun on me had he seen it! The ironic thing is if the firearm had been visible I wouldn't have needed to have a concealed permit, since open carry is legal WITHOUT a permit!

    So you take your chances.........notify & possible get shot with your own weapon & have the serial number run....OR don't notify & possibly get a LEOs weapon pointed at you.......no good solution if the LEO is the least bit antigun.
    I think alot of this may have to with where in the state you get stopped. Norfolk and Prince George Co. are 2 pretty rough communities. I think if you would of been stopped in western Va. things may of been a little bit different.

    My "story" took place on 460 about 25 minutes from your Colonial Heights experience. I would just chalk it up to where you were.
    I got the lecture too but long story short is they just want to go home at the end of the night.

    I think guys just starting out on the job and those close to retirement are probably the most anal. I have a neighbor that is on the job in Norfolk and another that is a former Suffolk 900 Series and they are OK with it. I know several career VSP troopers that don't mind either. In fact, most LEO's will tell you they assume every person they stop is armed.

    Be Safe,

    NosaM

    He he, VSP's "open door" policy. I like that and have some friends I need share that with.
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    Ex Member Array Treo's Avatar
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    The second incident I didn't notify. I was in Colonial Heights Va. As in the previous stop, I had both hands on the wheel when he approached the vehicle. I then gave him my driver's license. He went back to his vehicle where he wrote the ticket. After he gave me the ticket he then asked me if I was armed. This is when it got 'interesting'........ He asked me if I was armed & I responded honestly in the affirmative. He then started to berate me for NOT notifying him I had a firearm. He told us that there is a 'requirement to notify'. I told him that there was NO requirement in Virginia.....At that point he got visibly irritated & proceeded to tell us (my wife was also in the vehicle) that had he seen the firearm, that I would have 'been held at gunpoint' by him! I again told him that Virginia has no requirement to notify. He then repeated that he would have pulled his gun on me had he seen it! The ironic thing is if the firearm had been visible I wouldn't have needed to have a concealed permit, since open carry is legal WITHOUT a permit!

    IMO the side of the road is never the place to argue the law W/ the police. Treos first rule of police interactions is If you talk to a cop long enough you will say something he can use against you.

    He then started to berate me for NOT notifying him I had a firearm. He told us that there is a 'requirement to notify'.

    Thank you officer. Am I free to go now?

    At that point he got visibly irritated & proceeded to tell us (my wife was also in the vehicle) that had he seen the firearm, that I would have 'been held at gunpoint' by him!

    Thank you officer. Am I free to go now?

    He then repeated that he would have pulled his gun on me had he seen it!

    Are you detaining me officer?

    I gain nothing by arguing W/ the cop my goal anytime Im interacting W/ the police is to cut the interaction as short as possible and go about my business

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    Quote Originally Posted by Treo View Post
    IMO the side of the road is never the place to argue the law W/ the police. Treo’s first rule of police interactions is “ If you talk to a cop long enough you will say something he can use against you.”

    He then started to berate me for NOT notifying him I had a firearm. He told us that there is a 'requirement to notify'.

    Thank you officer. Am I free to go now?

    At that point he got visibly irritated & proceeded to tell us (my wife was also in the vehicle) that had he seen the firearm, that I would have 'been held at gunpoint' by him!

    Thank you officer. Am I free to go now?

    He then repeated that he would have pulled his gun on me had he seen it!

    Are you detaining me officer?

    I gain nothing by arguing W/ the cop my goal anytime I’m interacting W/ the police is to cut the interaction as short as possible and go about my business
    It may not have been the best time to argue it....but the only other alternative was to get him to call a supervisor...at that time I was NOT going to wait for one. We were on our way to a funeral.....

    I DIDN'T say anything that could be used against me, all I said is there is NO REQUIREMENT TO NOTIFY IN VA.

    Plain & simple HE WAS WRONG!....& I told him so....I also contacted the VSP later about it......so they could correct him as well. If he hadn't been such a jerk about it & THREATENED ME with the possibility of having a weapon pointed at me, I would have let it go....
    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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    Senior Member Array Rmac58's Avatar
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    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.

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    Ex Member Array Treo's Avatar
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    It may not have been the best time to argue it....but the only other alternative was to get him to call a supervisor.
    No, the alternative is to let him have the point and shut up.

    If he hadn't been such a jerk about it & THREATENED ME with the possibility of having a weapon pointed at me, I would have let it go....
    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
    Last edited by Treo; November 15th, 2009 at 11:38 PM. Reason: Grammatical

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