Open Carry Arrest

This is a discussion on Open Carry Arrest within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My county might be out of some money soon. Chesterfield police arrested a young ( 21 ) man while open carring near a school. " ...

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Thread: Open Carry Arrest

  1. #1
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    Open Carry Arrest

    My county might be out of some money soon.

    Chesterfield police arrested a young ( 21 ) man while open carring near a school.

    " Police say Alkabily was not on the school campus but close enough to the school that the department could charge him with possessing a firearm while on school property."

    I might be wrong but I do not know of any laws saying that you can not be within so many yards from a school while carring a firearm. Shooting a firearm or hunting, yes. You can not be within 100 yards of a school.

    He had just completed his CC class.

    source, nbc12

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    VIP Member Array jwhite75's Avatar
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    Sounds like over zealous LEO. If it is like you say he will be a well paid man.
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    " Police say Alkabily was not on the school campus but close enough to the school that the department could charge him with possessing a firearm while on school property."
    That makes no sense at all, either he was on school property or he was not, if not there was no reason to arrest him.
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    VIP Member Array Eagleks's Avatar
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    Unless they think it violated the Fedl 1000 ft zone to the school, but if it's like here ..... that doesn't apply if the state allows it and here they do allow CC unless the "building" is posted, and the AG just gave an opinion that the law also covers CC folks open carrying.

    So, I don't think it would hold up here, but ... doesn't mean the LEO's understand the laws either , and/or if the laws there are applicable like here.

    Otherwise, you can't arrest someone for "almost " being on the property.
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    Quote Originally Posted by Eagleks View Post
    Unless they think it violated the Fedl 1000 ft zone to the school, but if it's like here ..... that doesn't apply if the state allows it and here they do allow CC unless the "building" is posted, and the AG just gave an opinion that the law also covers CC folks open carrying.

    So, I don't think it would hold up here, but ... doesn't mean the LEO's understand the laws either , and/or if the laws there are applicable like here.

    Otherwise, you can't arrest someone for "almost " being on the property.
    Yeah this. Federal Gun Free Zones Act. It's hard to pin down really. I was struck down once, then re written. Most states exempt folks with any sort of permit, CC, FOID, etc. This will be an interesting one.
    I prefer to live dangerously free than safely caged!

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    Until last year, he could have been arrested in Georgia.

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    Quote Originally Posted by jwarren View Post
    Until last year, he could have been arrested in Georgia.
    Thankfully not now though...I take night classes at college and am thankful that I can at least have my pistol in my car!

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    Well, he's 21 and appears to be from the middle east. He has a .45 strapped to his hip. Would you or your wife be alarmed if you saw him near a school?

    Gun scare causes Chesterfield school to go on lock down - Live5News.com | Charleston, SC | News, Weather, Sports


    Yep, I know it's profiling and shows prejudice, but do you worry about being politically correct and do nothing or question why if this is his workout "routine", he decided to open carry as part of it on this particular day.

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    He's of legal age....he's in a state that allows open carry...he has taken the course to get a concealed permit, so he's responsible...and he's not on school property...

    I don't care if he's a Martian...WHAT IS THE ISSUE HERE folks...

    If alleged Second Amendment supporters are going to question why someone carries a weapon LEGALLY just because they are paranoid...
    oneshot, Hopyard, TN_Mike and 3 others like this.
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    If all the teachers were armed and trained as they should be since we turn our kids over to them for several hours a day to teach and protect,this wouldn't even be an issue,the Cops can't just make up laws when they see fit,this is not only gonna be false arrest,but I'm sure the Race card is gonna get played.I'm betting the guy has lawyer cards taped all over his door
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    Quote Originally Posted by DaveJay View Post
    He's of legal age....he's in a state that allows open carry...he has taken the course to get a concealed permit, so he's responsible...and he's not on school property...

    I don't care if he's a Martian...WHAT IS THE ISSUE HERE folks...

    If alleged Second Amendment supporters are going to question why someone carries a weapon LEGALLY just because they are paranoid...
    I guess my issue is that basically I think he was trying to get something stirred up. I don't question why somebody carries because I'm paranoid. I question why somebody open carries just to make a fashion statement or whatever.

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    Local law enforcement doesn't normally enforce federal laws. The Va law is no carry on school grounds unless you have a CHP and are picking up or dropping off your child at the school. In that case, you may conceal carry, but can not leave your vehicle. It seems to me that being "close enough" is close enough to get a fairly large settlement on the false arrest lawsuit. There is another case in Hardy Va., where a 70+ man was arrested for carrying on school property. He was returning to his home from an area where he had been hunting, with a shotgun,and crossed a school driveway at the back of the school property to reach the rear gate of his own property. In that case, he actually did briefly enter the school property, but IMOH, he should have been given a break and been "advised that he was violating the law and could be charged with a felony" rather than arresting him. It is highly likely that he had been returning from his hunting trips by that route for years.

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    Member Array RockBottom's Avatar
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    Quote Originally Posted by celticredneck View Post
    Local law enforcement doesn't normally enforce federal laws. The Va law is no carry on school grounds unless you have a CHP and are picking up or dropping off your child at the school. In that case, you may conceal carry, but can not leave your vehicle. It seems to me that being "close enough" is close enough to get a fairly large settlement on the false arrest lawsuit. There is another case in Hardy Va., where a 70+ man was arrested for carrying on school property. He was returning to his home from an area where he had been hunting, with a shotgun,and crossed a school driveway at the back of the school property to reach the rear gate of his own property. In that case, he actually did briefly enter the school property, but IMOH, he should have been given a break and been "advised that he was violating the law and could be charged with a felony" rather than arresting him. It is highly likely that he had been returning from his hunting trips by that route for years.
    I agree that the old fellow should have been given a break. If he was returning from hunting, there's a good chance that his shotgun wasn't even loaded. In this case, I feel the individual was seeing if he could provoke officers into arresting him. My prediction is that he'll lawyer up, accuse the police of profiling, demand a public apology, and settle for an undisclosed sum of money.

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    He **may** have been trying to stir something up....but no one knows what his intentions were, none of us are psychic, and certainly don't know enough about fashion to say he was doing it for fashion. To "forgive" the old man actually violating the law but condemn the gentleman that was well within his legal rights is very hypocritical.

    Ignoring anything but the evidence and written law....at the end of the day, is the gentleman in question violating of a law?
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    Member Array RockBottom's Avatar
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    Quote Originally Posted by GhostRed7 View Post
    He **may** have been trying to stir something up....but no one knows what his intentions were, none of us are psychic, and certainly don't know enough about fashion to say he was doing it for fashion. To "forgive" the old man actually violating the law but condemn the gentleman that was well within his legal rights is very hypocritical.

    Ignoring anything but the evidence and written law....at the end of the day, is the gentleman in question violating of a law?
    It may be very hypocritical but the police give people a break every day. Right now, we still don't know if this gentleman was "well within his legal rights". Time will tell.

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