I guess no one answered for Henrico so I will, just in case.
Treat OCers like you would any other law abiding citizen, and like every Henrico cop I've ever come across - if there's no crime being committed just keep on moving, no need to even initiate a consensual encounter.
Also remember the 4th circuit court decision Black v. US:
"Third, it is undisputed that under the laws of North Carolina, which permit its residents to openly carry firearms . . . Troupe’s gun was legally possessed and displayed. The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. . . . We are not persuaded. Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”
Fourth, the officers’ assumption that where there is one gun there is most likely a second the court of appeals held that it “would abdicate [its] judicial role if [it] took law enforcement-created rules as sufficient to establish reasonable suspicion. . . . Such a rule subjects to seizure or search anyone who actively or passively associates with a gun carrier. The seizure has no connection with the individual seized, the activity they are involved in, their mannerisms, or their suspiciousness; rather, the seizure is a mere happenstance of geography.”
“Fifth, it is counterintuitive that Black provided a justification for reasonable suspicion by volunteering his ID to the officer. . . . The record indicates that three of the six men provided identification to the officers, thus, Black’s action could hardly be characterized as overly cooperative. Additionally, we have noted that this type of argument—that cooperation is a justification for reasonable suspicion—actually places a defendant in a worse position than if he had simply refused to cooperate altogether because the Supreme Court has ‘consistently held that a refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure.’ . . . Likewise, there is nothing suspicious about the fact that Black’s ID revealed he lived outside the district. . . . The pertinent facts remaining in the reasonable suspicion analysis are that the men were in a high crime area at night. These facts, even when coupled with the officers’ irrational assumptions based on innocent facts, fail to support the conclusion that Officer Zastrow had reasonable suspicion that Black was engaging in criminal activity.”
For these reasons, Mr. Black’s seizure was not reasonable. Accordingly, the decision to deny Mr. Black’s suppression motion was reversed. Rather than remand for further proceedings, the court of appeals vacated Mr. Black’s sentence."
http://www.fedagent.com/case-law-up...ysis-of-the-free-to-leave-standard-of-seizure
