imported post
> a LEO encounter that is negative will probably only happen when they do not know
> OC is legal.
I came from another thread with my sad story, and this thread, on negative experiences, would seem to be the place to tell it. There is a lot more detail, but I was advised to trim it down. Hope that it is short enough.
About noon, in mid-May, I was in Purcellville, walking from the Giant Food store towards the Purcellville gun shop. I was wearing a white tee shirt (but clean!) tucked into my Levis, open-carrying my handgun. When I reached the Maple Street intersection, I found that I needed a men’s room. I knew that the BP gas station, across the street, had one, but I thought that the 7-11 store, on my side of the street, might have one, so I entered the store.
I approached a clerk, asked whether they had a men’s room, learned that they did, and went to use it. When I exited the men’s room, about a minute later, I saw a group of about eight cops, which was now in the store. When I approached, one cop said that they wanted to talk about my gun. I said sure, as I entered the group. There were four cops within arms reach, surrounding me, and others, beyond, towards the front of the store. The same cop asked whether I would permit myself to be disarmed. I replied, “No; my gun is perfectly safe where it is.” My rationale was that I was an American citizen who was going about his lawful private business in the legal condition of open carry.
At my response, the speaker must have given a signal, as two cops to my front each grabbed one of my arms, and someone said: “Put your hands behind your back;” Upon being handcuffed, I asked whether I was under arrest. I was told no; that I was being detained. One of the cops asked whether I had a concealed carry permit, and I replied in the negative. I was driven to the magistrate in Leesburg. When I was seated in front of the magistrate, I asked whether I was still being detained. I was informed that I was now under arrest, but I was not told the charge. I said essentially nothing after that point, except in answer to questions.
I do not know much about how the legal system is supposed to operate, or the role that the magistrate plays in it. The magistrate was extremely unsympathetic (I do not mind being tough on crime, but I do not know why I was the object of attention, let alone the object of arrest), so I did not attempt to explain that I had been open carrying (that may have been an error, as I was still wearing my holster, at that time, and I could have clearly demonstrated that the handgun had been outside of my tee shirt).
The magistrate discussed me with the arresting cop and a second cop who had arrived. During that discussion, one of the two cops misquoted me to the magistrate, making me sound like a typical VCA: in lieu of my quote, above, he stated that I had said: “You’re not gonna take my gun. You’re not gonna take my gun.” He also described that I was carrying my handgun with the hammer back: “very dangerous.” Only at the conclusion of the conversation of the magistrate with the two cops did I learn of these charges against me: felony concealed carry. I spent from Friday afternoon until Monday evening in jail.
At trial, the prosecutor seemed to realize the situation and did not prosecute; my case was “nolo pross,” for you who know what that means.
I guess, after the fact, that I ran into a whole pack of ignorant cops. I wanted to pursue at least the arresting cop, legally, but was talked out of it. I heard that, after the "trial," he stomped off in a snit. I hope that, at the least, he is not as ignorant about OC as he was.
