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Thread: Firearms charge for using a taser???

  1. #1
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    From http://www.fredericksburg.com/News/F...5222007/286107
    TASER TROUBLE JOLTS BOUNCER
    Bouncer charged after he reports assault

    Date published: 5/22/2007

    BY KEITH EPPS
    A bouncer who said he was assaulted by a Marine he'd kicked out of a Fredericksburg club earlier was charged himself with illegally using a Taser, police said.

    City police spokeswoman Natatia Bledsoe said an officer on patrol in Central Park about 1:50 a.m. Saturday saw two men causing a disturbance after being kicked out of Buffalo Wild Wings by a bouncer.

    The officer intervened and assisted the two men in calling a cab. No charges were filed then.

    A short time later, Bledsoe said, the bouncer ran into the two men he'd booted from the club at a nearby Wawa. This time, the bouncer was assaulted, police said.

    The two suspects had left before police arrived, but they were later contacted at the Quantico Marine Corps base.

    On Sunday, they were interviewed by police and Justin Carl, 21, was charged with assault and battery.

    Bledsoe said it was learned that a Taser was used on one of the Marines at the club. Carl was not the one the Taser was used on, Bledsoe said.

    The bouncer, 24-year-old Richard Sullivan of Stafford, was charged with carrying a concealed weapon and discharging a firearm within a building.

    Keith Epps: 540/374-5404
    Email: kepps@freelancestar.com

    18.2-279 deals with discharging a firearm in a building. It does not define firearm.

    18.2-433.1 defines a firearm as "any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon". A taser does not fall withing this definition.

    Why the discharging a firearms charge?

    ---

  2. #2
    Founder's Club Member - Moderator longwatch's Avatar
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    If the bouncer was a felon, can see these charges being legit. 18.2-308.2 covers felon possesion of Tasers, a class 6 felony if they do that act.
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.2

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    longwatch wrote:
    If the bouncer was a felon, can see these charges being legit. 18.2-308.2 covers felon possesion of Tasers, a class 6 felony if they do that act.
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.2
    I have no idea about the discharging charge.... that sounds allwrong to me.... but as Longwatch posted... a felon cannot posses a taser.

  4. #4
    Founder's Club Member - Moderator longwatch's Avatar
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    Anyway of running Richard Sullivans name to find out if he is a felon?

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    longwatch wrote:
    Anyway of running Richard Sullivans name to find out if he is a felon?
    You would need his DOB and then a justified reason to do so. NCIC rules are very strict and abuse it not tolerated. All checks are logged.

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    longwatch wrote:
    Anyway of running Richard Sullivans name to find out if he is a felon?
    Only good for Virginia and you'd have to check each court and in each locality, but http://www.courts.state.va.us/caseinfo/home.html is an option.
    ---

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    Regular Member VAopencarry's Avatar
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    The whole story sounds like ******** from the get go. Marines kicked out of a bar? yeah right!!


    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    The whole story sounds like ******** from the get go. Marines kicked out of a bar? yeah right!!

    I have to agree.... I cannot believe any department would have made such charges based on what was written. It does not fit.

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    rlh2005 wrote:
    From http://www.fredericksburg.com/News/F...5222007/286107
    TASER TROUBLE JOLTS BOUNCER
    Bouncer charged after he reports assault

    Date published: 5/22/2007

    BY KEITH EPPS
    A bouncer who said he was assaulted by a Marine he'd kicked out of a Fredericksburg club earlier was charged himself with illegally using a Taser, police said.

    City police spokeswoman Natatia Bledsoe said an officer on patrol in Central Park about 1:50 a.m. Saturday saw two men causing a disturbance after being kicked out of Buffalo Wild Wings by a bouncer.

    The officer intervened and assisted the two men in calling a cab. No charges were filed then.

    A short time later, Bledsoe said, the bouncer ran into the two men he'd booted from the club at a nearby Wawa. This time, the bouncer was assaulted, police said.

    The two suspects had left before police arrived, but they were later contacted at the Quantico Marine Corps base.

    On Sunday, they were interviewed by police and Justin Carl, 21, was charged with assault and battery.

    Bledsoe said it was learned that a Taser was used on one of the Marines at the club. Carl was not the one the Taser was used on, Bledsoe said.

    The bouncer, 24-year-old Richard Sullivan of Stafford, was charged with carrying a concealed weapon and discharging a firearm within a building.

    Keith Epps: 540/374-5404
    Email: kepps@freelancestar.com

    18.2-279 deals with discharging a firearm in a building. It does not define firearm.

    18.2-433.1 defines a firearm as "any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon". A taser does not fall withing this definition.

    Why the discharging a firearms charge?
    If he had this concealed while working -- I do think he is exempt from the law.

    Owners and workers in bar rooms / clubs / sport bars can legally conceal without a CHP.

    And is a tazer considered a firearm?? I know it can propel objects, but, firearm???

    DC

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    DeadCenter wrote:
    rlh2005 wrote:
    If he had this concealed while working -- I do think he is exempt from the law.

    Owners and workers in bar rooms / clubs / sport bars can legally conceal without a CHP.

    And is a tazer considered a firearm?? I know it can propel objects, but, firearm???

    DC
    It does have an explosive charge and does propel an object.

    Not sure I would actually charge you for unlawful discharge.

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    LEO 229 wrote:
    DeadCenter wrote:
    rlh2005 wrote:
    If he had this concealed while working -- I do think he is exempt from the law.

    Owners and workers in bar rooms / clubs / sport bars can legally conceal without a CHP.

    And is a tazer considered a firearm?? I know it can propel objects, but, firearm???

    DC
    It does have an explosive charge and does propel an object.

    Not sure I would actually charge you for unlawful discharge.
    So, am I wrong on the bolded part above?

    DC


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    DeadCenter wrote:
    LEO 229 wrote:
    DeadCenter wrote:
    rlh2005 wrote:
    If he had this concealed while working -- I do think he is exempt from the law.

    Owners and workers in bar rooms / clubs / sport bars can legally conceal without a CHP.

    And is a tazer considered a firearm?? I know it can propel objects, but, firearm???

    DC
    It does have an explosive charge and does propel an object.

    Not sure I would actually charge you for unlawful discharge.
    So, am I wrong on the bolded part above?

    DC
    Oh... Can you post the link for that code?? I could not find it and know it exists.. Like others to know it is true.

    Ya.. As I recall... employees can CC and he would be exempt. I would have to read the code to be sure.

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    Oh - you know how it goes -- when you need it, you can not find it.

    I'm sure I have a print out at home.

    I will look

    DC

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    DeadCenter wrote:
    Oh - you know how it goes -- when you need it, you can not find it.

    I'm sure I have a print out at home.

    I will look

    DC
    I know..... Citizen.... Can you get the cite for us please?

  15. #15
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    Ok -- With a CHP -- He would be legal.



    §18.2-308 (J.3.): No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.

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    That is where is was hidden.

    Funny that they did not add a reference to that in the other code... If they did.. I was a DA and never saw it.

    So it appears that employees can CC ONLY at a restaurant or club w/o a CC permit.


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    LEO 229 wrote:
    That is where is was hidden.

    Funny that they did not add a reference to that in the other code... If they did.. I was a DA and never saw it.

    So it appears that employees can CC ONLY at a restaurant or club w/o a CC permit.
    Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
    IF they have a CHP.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    roscoe13 wrote:
    LEO 229 wrote:
    That is where is was hidden.

    Funny that they did not add a reference to that in the other code... If they did.. I was a DA and never saw it.

    So it appears that employees can CC ONLY at a restaurant or club w/o a CC permit.
    Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
    IF they have a CHP.
    Damn.. How could I have missed that. Noted.


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    LEO 229 wrote:
    roscoe13 wrote:
    LEO 229 wrote:
    That is where is was hidden.

    Funny that they did not add a reference to that in the other code... If they did.. I was a DA and never saw it.

    So it appears that employees can CC ONLY at a restaurant or club w/o a CC permit.
    Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
    IF they have a CHP.
    Damn.. How could I have missed that. Noted.
    That's funny LEO229 - Did you sleep last night?

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    DeadCenter wrote:
    That's funny LEO229 - Did you sleep last night?
    Ya.. but I will lose some sleep tonight over this error. :shock:

  21. #21
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    LEOnardo,

    You're just trying to entice us to do something wrong to arrest us!Your subliminal state programming is starting to show.

    Boy, remember those days around here. It was a lot more exciting. I'm so board when we are all friends. Oh well. Where's swatpro(tagonist) 911 when you need him. Just like a mall ninja, never around when you need'em.


  22. #22
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    Ya... Where is Swat and Vermonter???

    I would even like to go a round or two with LEO 230.

    Getting dull here. :P

  23. #23
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    Hey, I like Vermonter; added: he's my easy ticket for expired registration tag, I bet in CA I could even tow his car! Pick on him, and you'll answer to my yankee boot, southern boy!

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    I like him too... would love to hit him with a taser just for fun.

  25. #25
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    LEOnardo,

    Nice twist to bring this back On Topic. I fear the taser. I got a 5 second ride at the academy. Oh such pain! I have never felt before or since.

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