PackininVB
Regular Member
imported post
Ok so last night, Feb 3, i went to the lynnhaven mall with my girl and her two sisters to pay her cell phone bill. Haveing recently gotten my CHP i was carrying concealed. We stood in line behind some girls at the kiosk waiting for our turn. When the girls in front of us left, apparently one of them said somehing to the likes of "that b*itch back there huffin and puffin like shes been waiting forever" or something to which my girl replied, "uh actually we have been"
At that point the two gils turned and just started yelling and screaming at my girl cussing and trying to start a fight. i stepped in between and told my girl to shut up. then i turned to these girls and asked them to leave. They didnt, they just kept yelling more and more, getting louder and louder. I remained calm the entire time, and was on the phone with one of my buddies, trying to talk to him. I kept asking them to leave, to just go away, and they kept screamin at me like i was saying something about their mother. I was calm the whole time, leaning up against the kiosk, telling my buddy that "this is crazy dude"
It was a completely one sided argument. they were yelling at me and i kept asking them to leave, and just kept laughing at the stupid things they were saying like "my father RUNS virginia beach" and "hes the head of police i could have you arrested right now" it was quite funny really
After this had gone on for about 5 minutes, with no security coming or anythign and these girls continuing to scream and yell i began to wonder what was wrong with them. I just kept asking them to leave, never saying ANYthing bad about them in any way, staying calm the whole time and feeling threatened the whole time. I didnt know if they had a weapon on them or if they were on some kind of drugs. they acted as if they might be because they would let the situation go.
But after this had gone on for a while, and feeling very threatened, i calmly pulled my coat back so that my sidearm was showing. I did this calmly and in a non-threatening manner, which was quite obvious because i was acting calm and these girls were the obvious aggressors. All i simply did was go from CC to OC. My thinking was, i dont know if she has anything but if she does i want to be ready for anything and i want her to know im ready to defend myself and my friends.
When she saw my gun, instead of deciding that this wasnt worth it they just stepped up theyre aggression a notch or ten. The main girl just kept screaming "oh you gonna shoot me now?" and i said "no, i didnt show you this cause i want to shoot you, i just want you to leave". The whole time i was at least ten feet away and leaning up against the kiosk, still with my buddy on the phone.
Security finally came and told the girl to leave, apparently she ran from the place. Then the cops told me to come over to wherethey were and i found myself surrounded by 11 cops. they asked to see my CCW and kept telling me that i wasnt allowed in the mall with a firearm. I told them i did not know that and that i had open carried there many times, walking right past security, never once being told to leave. The then took me into a hallway and said that i could be charged with "brandishing a firearm". The took my gun out of my holster and we walked up to their lil security office.
They sat me down and kept telling me that this was a Class 1 misdomeanor that i brandished my weapon in a threatening manner. I thought that brandishing meant actually drawing your weapon, but if it doesnt then i certainly didnt do anythign in a threatening manner. I was the one being threated i kept telling them and they kept telling me all the laws that "they" knew. They told me that i have to ask permission to carry a firearm onto private property and this and that. They kept telling me that im not listening to them adn that im not going to learn till i go to jail and i just sat there wondering how in the hell i did anything wrong.
Yeah, maybe i shoulda just kept it concealed, i should have known that girls like that were not going to take that as a sign of someone willing to defend themselves, even though i told them i wasnt showing my gun cause i wanted to shoot them, i just wanted them to leave, and i should have had the girl in the kiosk call for security, but she said she was going to so i thought she already had. But i dont see how me being threatened and going from CC to OC was illegal. But beacuase im in the military they called one of my officers and had him come get me. They said either he gets me or i go to jail. They banned me from the mall and the areas around it for 5 years and told my officer that my CCW was going to be reviewed by a judge to see if i should keep it. The only thing i did wrong was carry into their mall. which i had done openly so many times.
If there are any attorneys who read this i would like to hear their opinions. I feel like my rights were violated and i have several witnesses and one on the phone who can attest that i was not the aggressor at all. At what point of being threatened are you allowed to even slightly prepare yourself for what someone might do? Slightly as in simply push my coat back to reveal my gun. i didnt unhook the strap or grab the handle like i was going to draw. i didnt push my coat back all fast like i was ready for a shootout, more like a guy who yawns and puts his arm around a girl in a movie theatre. If anyone can help me please let me know. i feel screwed over, and i dont think i did anythign illegal. Please comment....
Ok so last night, Feb 3, i went to the lynnhaven mall with my girl and her two sisters to pay her cell phone bill. Haveing recently gotten my CHP i was carrying concealed. We stood in line behind some girls at the kiosk waiting for our turn. When the girls in front of us left, apparently one of them said somehing to the likes of "that b*itch back there huffin and puffin like shes been waiting forever" or something to which my girl replied, "uh actually we have been"
At that point the two gils turned and just started yelling and screaming at my girl cussing and trying to start a fight. i stepped in between and told my girl to shut up. then i turned to these girls and asked them to leave. They didnt, they just kept yelling more and more, getting louder and louder. I remained calm the entire time, and was on the phone with one of my buddies, trying to talk to him. I kept asking them to leave, to just go away, and they kept screamin at me like i was saying something about their mother. I was calm the whole time, leaning up against the kiosk, telling my buddy that "this is crazy dude"
It was a completely one sided argument. they were yelling at me and i kept asking them to leave, and just kept laughing at the stupid things they were saying like "my father RUNS virginia beach" and "hes the head of police i could have you arrested right now" it was quite funny really
After this had gone on for about 5 minutes, with no security coming or anythign and these girls continuing to scream and yell i began to wonder what was wrong with them. I just kept asking them to leave, never saying ANYthing bad about them in any way, staying calm the whole time and feeling threatened the whole time. I didnt know if they had a weapon on them or if they were on some kind of drugs. they acted as if they might be because they would let the situation go.
But after this had gone on for a while, and feeling very threatened, i calmly pulled my coat back so that my sidearm was showing. I did this calmly and in a non-threatening manner, which was quite obvious because i was acting calm and these girls were the obvious aggressors. All i simply did was go from CC to OC. My thinking was, i dont know if she has anything but if she does i want to be ready for anything and i want her to know im ready to defend myself and my friends.
When she saw my gun, instead of deciding that this wasnt worth it they just stepped up theyre aggression a notch or ten. The main girl just kept screaming "oh you gonna shoot me now?" and i said "no, i didnt show you this cause i want to shoot you, i just want you to leave". The whole time i was at least ten feet away and leaning up against the kiosk, still with my buddy on the phone.
Security finally came and told the girl to leave, apparently she ran from the place. Then the cops told me to come over to wherethey were and i found myself surrounded by 11 cops. they asked to see my CCW and kept telling me that i wasnt allowed in the mall with a firearm. I told them i did not know that and that i had open carried there many times, walking right past security, never once being told to leave. The then took me into a hallway and said that i could be charged with "brandishing a firearm". The took my gun out of my holster and we walked up to their lil security office.
They sat me down and kept telling me that this was a Class 1 misdomeanor that i brandished my weapon in a threatening manner. I thought that brandishing meant actually drawing your weapon, but if it doesnt then i certainly didnt do anythign in a threatening manner. I was the one being threated i kept telling them and they kept telling me all the laws that "they" knew. They told me that i have to ask permission to carry a firearm onto private property and this and that. They kept telling me that im not listening to them adn that im not going to learn till i go to jail and i just sat there wondering how in the hell i did anything wrong.
Yeah, maybe i shoulda just kept it concealed, i should have known that girls like that were not going to take that as a sign of someone willing to defend themselves, even though i told them i wasnt showing my gun cause i wanted to shoot them, i just wanted them to leave, and i should have had the girl in the kiosk call for security, but she said she was going to so i thought she already had. But i dont see how me being threatened and going from CC to OC was illegal. But beacuase im in the military they called one of my officers and had him come get me. They said either he gets me or i go to jail. They banned me from the mall and the areas around it for 5 years and told my officer that my CCW was going to be reviewed by a judge to see if i should keep it. The only thing i did wrong was carry into their mall. which i had done openly so many times.
If there are any attorneys who read this i would like to hear their opinions. I feel like my rights were violated and i have several witnesses and one on the phone who can attest that i was not the aggressor at all. At what point of being threatened are you allowed to even slightly prepare yourself for what someone might do? Slightly as in simply push my coat back to reveal my gun. i didnt unhook the strap or grab the handle like i was going to draw. i didnt push my coat back all fast like i was ready for a shootout, more like a guy who yawns and puts his arm around a girl in a movie theatre. If anyone can help me please let me know. i feel screwed over, and i dont think i did anythign illegal. Please comment....
