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Thread: Lifetime CHP bill amended

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    Accomplished Advocate peter nap's Avatar
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    Lifetime CHP bill amended

    I'm not getting into the gun bills and especially the CHP bills so you have to look it up, but a little while the Lifetime CHP bill was amended. There was concern that Mary Land cops got CHP Holder information and pulled Va Drivers to look for guns so the amendment would only allow states that have reciprocity will be able to get Va. CHP information.

    Good amendment from a bad Senator!

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by peter nap View Post
    I'm not getting into the gun bills and especially the CHP bills so you have to look it up, but a little while the Lifetime CHP bill was amended. There was concern that Mary Land cops got CHP Holder information and pulled Va Drivers to look for guns so the amendment would only allow states that have reciprocity will be able to get Va. CHP information.

    Good amendment from a bad Senator!
    Wow.... a great amendment! Although, as I have mentioned in the past, I regularly travel back into TPR of MD with NRA and the big orange VCDL stickers prominently displayed on the back of my car and have never been stopped. Fingers crossed.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by JamesCanby View Post
    Wow.... a great amendment! Although, as I have mentioned in the past, I regularly travel back into TPR of MD with NRA and the big orange VCDL stickers prominently displayed on the back of my car and have never been stopped. Fingers crossed.
    Call ahead and let them know you are coming - that may help
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    Regular Member BillB's Avatar
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    No need to call ahead - MD is automated.

    http://theconservativetreehouse.com/...alysis-center/

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Call ahead and let them know you are coming - that may help
    Great advice, Grape! I've always wanted to actually use my recorder and the statements from User that I have learned, memorized and practiced .... NOT!
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    Activist Member Wolf_shadow's Avatar
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    Would recording of interaction with MD police be admissible in court? MD is a two party state. I know courts have ruled on recording police activity but would you need to notify?

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    Quote Originally Posted by Wolf_shadow View Post
    Would recording of interaction with MD police be admissible in court? MD is a two party state. I know courts have ruled on recording police activity but would you need to notify?

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    An article that provides some good info.... but no definitive answer:

    http://articles.baltimoresun.com/201...nd-law-wiretap

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Wolf_shadow View Post
    Would recording of interaction with MD police be admissible in court? MD is a two party state. I know courts have ruled on recording police activity but would you need to notify?

    Sent from my PantechP9070 using Tapatalk

    You may video anywhere in the United States but the audio is where it gets sticky. Some states like Maryland consider it wiretapping. Ggradually the courts are weeding out these laws but I'd hate to be the test case.

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by peter nap View Post
    You may video anywhere in the United States but the audio is where it gets sticky. Some states like Maryland consider it wiretapping. Ggradually the courts are weeding out these laws but I'd hate to be the test case.
    Yea Peter that's my thoughts also. I wonder what would happen if you told the ofsafer you did not consent to them recording in one of these states. Haha

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    I'm not getting into the gun bills and especially the CHP bills so you have to look it up, but a little while the Lifetime CHP bill was amended. There was concern that Mary Land cops got CHP Holder information and pulled Va Drivers to look for guns so the amendment would only allow states that have reciprocity will be able to get Va. CHP information.

    Good amendment from a bad Senator!
    I will be very interested in following this. When I started floating around this very suggestion, it met with lots of "hmm, don't know how that would be possible..." reactions.

    As I asked then, when you think about it, what possible reason could any law enforcement agency in a non-reciprocal jurisdiction have to know about your CHP?

    TFred

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by peter nap View Post
    You may video anywhere in the United States but the audio is where it gets sticky. Some states like Maryland consider it wiretapping. Gradually the courts are weeding out these laws but I'd hate to be the test case.
    A citizen's ability to video/audio tape a LEO in a public setting was ostensibly resolved September 27th, 2010 when Judge Emery Plitt ruled in Maryland v. Graber:

    ..."that the law was unconstitutional, noting that "the video taping of public events is protected under the First Amendment."[6] The judge ruled that Maryland's wire tap law does not prohibit recording of voice or sound in areas where privacy cannot be expected and that a police officer on a traffic stop has no legal expectation of privacy.[6]"

    See http://en.wikipedia.org/wiki/Anthony_Graber for the write-up and footnotes.
    See also http://www.scribd.com/doc/38308423/S...ohn-Graber-III for the full court decision to dismiss the "wiretap" charges.

    Still, it's an "iffy" situation. See http://photographyisnotacrime.com/20...w-allowing-it/ where a citizen was arrested ~3 years after the court decision that validated a Maryland citizen's right to video/audio tape a LEO in a public situation. You may avoid the rap, but you may not avoid the ride.
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    Regular Member TFred's Avatar
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    If you were talking about SB608, it looks like Stuart withdrew the amendment.

    TFred

    http://leg1.state.va.us/cgi-bin/legp...1+amd+SB608ASR

    (SB608)

    AMENDMENT(S) REJECTED BY THE SENATE

    SEN. STUART (WITHDRAWN)

    1. Line 266, substitute, after line 265

    insert

    D. Notwithstanding any other provision of law, only Virginia law-enforcement personnel, agencies, officers, or other authorized agents thereof and law-enforcement personnel, agencies, officers, or other authorized agents thereof in states with reciprocity agreements under 18.2-308.014 shall have access to permittee information in the Virginia Criminal Information Network.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    If you were talking about SB608, it looks like Stuart withdrew the amendment.

    TFred

    http://leg1.state.va.us/cgi-bin/legp...1+amd+SB608ASR

    (SB608)

    AMENDMENT(S) REJECTED BY THE SENATE

    SEN. STUART (WITHDRAWN)

    1. Line 266, substitute, after line 265

    insert

    D. Notwithstanding any other provision of law, only Virginia law-enforcement personnel, agencies, officers, or other authorized agents thereof and law-enforcement personnel, agencies, officers, or other authorized agents thereof in states with reciprocity agreements under 18.2-308.014 shall have access to permittee information in the Virginia Criminal Information Network.
    Might have been TFred...I just overheard the motion but didn't pay any attention to the rest. Like I said, it isn't on my agenda this year.

  14. #14
    Accomplished Advocate peter nap's Avatar
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    It was 608 TFred and looks like it was reported out with a substitute....After reading it, the bill sucks. Glad it doesn't apply to me.

    Uncontested Calendar Senate Bills on Third Reading ...prev | next | current | calendar
    S.B. 608. A BILL to amend and reenact 18.2-308.01 through 18.2-308.04, 18.2-308.06 through 18.2-308.09, 18.2-308.011, 18.2-308.012, and 18.2-308.013 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6.1 of Chapter 7 of Title 18.2 sections numbered 18.2-308.016, 18.2-308.017, and 18.2-3-08.018 and by adding a section numbered 52-4.5; and to repeal 18.2-308.05 and 18.2-308.010 of the Code of Virginia, relating to lifetime concealed handgun permits; Department of State Police to issue permits; penalty. 14104403D

    01/27/14 Senate: Committee substitute printed 14104403D-S1
    01/13/14 Senate: Presented and ordered printed 14103717D

    Patrons--Carrico and Garrett
    Reported from Committee for Courts of Justice with substitute (14-Y 0-N)
    YEAS--Norment, Saslaw, Marsh, Howell, Lucas, Puller, Obenshain, McDougle, McEachin, Stuart, Vogel, Stanley, Reeves, Garrett--14.
    NAYS--0.
    ABSTENTIONS--0.

    Rereferred to the Committee on Finance
    Reported from Committee on Finance (17-Y 0-N)
    YEAS--Colgan, Stosch, Howell, Saslaw, Norment, Hanger, Watkins, Marsh, Lucas, Ruff, Wagner, Edwards, Puckett, Puller, Deeds, Locke, McEachin--17.
    NAYS--0.
    ABSTENTIONS--0.

    Committee substitute adopted by Senate February 6, 2014

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    It was 608 TFred and looks like it was reported out with a substitute....After reading it, the bill sucks. Glad it doesn't apply to me.
    What are the highlights of the suck? Lots of changes in there to wade through.

    TFred

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by TFred View Post
    What are the highlights of the suck? Lots of changes in there to wade through.

    TFred
    Agree - Cliff Notes please.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    What are the highlights of the suck? Lots of changes in there to wade through.

    TFred
    Mostly the State Police taking it over. Like you said...lots to look at.

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    I need to play catch up and I can't atm due to work. This bill is still up for voting yes? Sorry for the lack of knowledge on the matter.

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by mpguy View Post
    I need to play catch up and I can't atm due to work. This bill is still up for voting yes? Sorry for the lack of knowledge on the matter.

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    It goes to the House now for review and vote. They can take it like it is, modify it, or kill it.

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