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Can a LEO disarm you for no reason?

mercutio545

Regular Member
Joined
Sep 2, 2006
Messages
469
Location
VA
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For instance, if I was out shopping and walked past one and he told me to give him the weapon, could I say no and refuse? I know that it would be less trouble just to give it to him and get it sorted out, but if it's my right not to relenquish it to the LEO, then I'm not going to.

*By the way, this hasn't happened to me recently, I was just thinking about the time last May when a Richmond LEO took my shotgun away from me when I was OC'ing with it (walking it from the car to the apartment, about 1-2 blocks), and threatened me with felony charges. Just want to make sure that I can refuse and stand up for myself without breaking the law.
 

Mike

Site Co-Founder
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May 13, 2006
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Fairfax County, Virginia, USA
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Yes, you can try to break contact and certainly have the right to refuse consent to searches and property seizure. But if you are detained or arrested, you should remain silent except to ask for an attorney, decalre that you are refusing consent for any proerpty seizure or searches, etc., that you want to speak to the watch commander and make a complaint right now, etc.
 

VAopencarry

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May 9, 2006
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Berryville-ish, VA
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As I understand it... They need to have a 'reason', they can't disarm and detain you for the mere fact you are carrying, without some other 'articulable' reason.

Me: I would challenge his reason for doing so, if he 'insisted' I would comply to keep the situation from getting out of hand, ie, me arrested. :) Then file a complaint, lawsuit, whatever the incident might dictate.

IANAL
 

mercutio545

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VA
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But if the LEO tries to physically take the gun from my holster/put me in cuffs, I can't try to fight my way out of it and stand up for myself, even though I know I did nothing wrong?
 

Brigdh

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Nov 28, 2006
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once the cuffs go on, its an arrest, and you shouldn't fight it physically, but you can verballs (in a non threatening way) resist
 

mercutio545

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Sep 2, 2006
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So I could still be charged with resisting arrest, even though the LEO would be charged with wrongful arrest?
 
D

Desertdoc

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mercutio545 wrote:
But if the LEO tries to physically take the gun from my holster/put me in cuffs, I can't try to fight my way out of it and stand up for myself, even though I know I did nothing wrong?

Physically fighting with an officer while being stopped never a good thing. It is a good way to get wounded, if not killed. You must remember they are there doing a job and dont need alot of bullshit. No one likes it when someone comes to there work and is a ass. 99% of the time everything will go smoother if you treat the officer repect and calmly talk with them. Dont get me wrong, you can still show respect without giving up your rigths or kissing ass. Here is what happen to be by a sullfolk police officer not to long ago.

On the way to school I was speeding due to being late and forgetting how to tell time. As i flew by the police car at 55 in a 35 i knew i was screwed. Lights went on and i pulled over. As the officer came up to the side of my jeep and i told him i was armed. He then asked me " where in the car was my weapon". I calmly replied, it was in its holster and attached to my right hip. He asked me to step out of the car slowly while keeping my hands visible. I complied with out a problem. He then asked me to slowly remove my gun and secure the round in the camber. I did give him a weird look and asked if i was being detained for legally carrying my sidearm. He quickly said no, but for his own peace of mind he would like the gun to be unloaded and secured. Not having a problem with this I complied once again. AS i tuned the gun away from the officer, removed the round in the chamber, he asked me to please put the gun on the hood of the car .Now, at this time i was started to wonder. I asked again if i was beingdetained and if the officer wasasking for me to surrender my firearm. Heonce again said no. He informed me that he had noticed something on my gun (an American flag) and waswanting to look at the gun with out "taking it from me". I kinda laughed at this point and told him i had no problems with him looking at it. We talked for a few min.'s about my Sig. (he was in the market of buying a new toy) and i reminded him i was late to class. My check for warrants came back "good", and the officer reminded me to slow down. With out giving me a ticket he let me go and i was only a few min.'s late for my test.
 
D

Desertdoc

Guest
imported post

mercutio545 wrote:
But if the LEO tries to physically take the gun from my holster/put me in cuffs, I can't try to fight my way out of it and stand up for myself, even though I know I did nothing wrong?

Physically fighting with an officer while being stopped never a good thing. It is a good way to get wounded, if not killed. You must remember they are there doing a job and dont need alot of bullshit. No one likes it when someone comes to there work and is a ass. 99% of the time everything will go smoother if you treat the officer repect and calmly talk with them. Dont get me wrong, you can still show respect without giving up your rigths or kissing ass. Here is what happen to be by a sullfolk police officer not to long ago.

On the way to school I was speeding due to being late and forgetting how to tell time. As i flew by the police car at 55 in a 35 i knew i was screwed. Lights went on and i pulled over. As the officer came up to the side of my jeep and i told him i was armed. He then asked me " where in the car was my weapon". I calmly replied, it was in its holster and attached to my right hip. He asked me to step out of the car slowly while keeping my hands visible. I complied with out a problem. He then asked me to slowly remove my gun and secure the round in the camber. I did give him a weird look and asked if i was being detained for legally carrying my sidearm. He quickly said no, but for his own peace of mind he would like the gun to be unloaded and secured. Not having a problem with this I complied once again. AS i tuned the gun away from the officer, removed the round in the chamber, he asked me to please put the gun on the hood of the car .Now, at this time i was started to wonder. I asked again if i was beingdetained and if the officer wasasking for me to surrender my firearm. Heonce again said no. He informed me that he had noticed something on my gun (an American flag) and waswanting to look at the gun with out "taking it from me". I kinda laughed at this point and told him i had no problems with him looking at it. We talked for a few min.'s about my Sig. (he was in the market of buying a new toy) and i reminded him i was late to class. My check for warrants came back "good", and the officer reminded me to slow down. With out giving me a ticket he let me go and i was only a few min.'s late for my test.
 

jimwyant

Regular Member
Joined
Jul 8, 2006
Messages
342
Location
Mebane, North Carolina, USA
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No. It is a state law, and preemption only prohibits localities from passing ordinances that differ from state law. One good thing, though - it does exempt CHP holders from the law, as longwatch stated.
 

swatpro911

Regular Member
Joined
Dec 29, 2006
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418
Location
Home of the Heros, Virginia, USA
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I want to buy a AR-15 pre ban? or which is legal in VA? Which brand is good for semi-auto with 10 rounds mag. I prefer 9mm. Can i keep the AR-15 loaded inside my car in plain view? I have CHP permit also.
 

rabbit994

Regular Member
Joined
Jun 23, 2006
Messages
242
Location
Virginia, ,
imported post

I believe by keeping a rifle loaded in the car where you can easily reach it might fall under some hunting law ordinances. However, I imagine in most cases, keeping in trunk would be fine. "Assault Weapons" are allowed in VA without issue. I have Armalite AR15 with 30 round mag that is completely legal. When I transport it from my house to my car, I just walk with it slung over my shoulder in it's case with mag seperated and unloaded. Probably more then I'm required to do but I have a pistol for personal defense. I've thrown in the back of car and ran into Manassas Police with it in back of car and only comment was "Have a nice day"
 

mercutio545

Regular Member
Joined
Sep 2, 2006
Messages
469
Location
VA
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rabbit994 wrote:
I believe by keeping a rifle loaded in the car where you can easily reach it might fall under some hunting law ordinances.

IANAL, but to my knowledge and experience you can carry long guns openly just as you would carry handguns (granted, this is technically OK, but you're still going to freak some people out when you walk into walmart with an AR slung on your back :lol:) , so you would be OK with keeping it in your car. When I go on road trips in VA, I usually keep my 12 ga. in the backseat in plain view.
 

rabbit994

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Joined
Jun 23, 2006
Messages
242
Location
Virginia, ,
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If your talking about magazine restrictions, there are no magazine restrictions for ownership. There is open carry ban of pistols and rifles that hold over 20 rounds in urban areas along with threaded barrels.
 
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