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Firearms charge for using a taser???

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rlh2005

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From http://www.fredericksburg.com/News/FLS/2007/052007/05222007/286107
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
Click to expand...


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?
 
L

LEO 229

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longwatch wrote:
Anyway of running Richard Sullivans name to find out if he is a felon?
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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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LEO 229

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

:D
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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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DeadCenter

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rlh2005 wrote:
From http://www.fredericksburg.com/News/FLS/2007/052007/05222007/286107
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
Click to expand...


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?
Click to expand...

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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LEO 229

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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
Click to expand...

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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DeadCenter

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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
Click to expand...

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

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

DC
 
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LEO 229

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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
Click to expand...

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

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

DC
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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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LEO 229

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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
Click to expand...
I know..... Citizen.... Can you get the cite for us please?
 
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DeadCenter

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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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LEO 229

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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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roscoe13

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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.
Click to expand...

Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
IF they have a CHP.
 
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LEO 229

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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.
Click to expand...

Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
IF they have a CHP.
Click to expand...
Damn.. How could I have missed that. Noted. :D
 
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DeadCenter

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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.
Click to expand...

Read it again... What it says is that employees can carry CC in a restaurant/club ONLY
IF they have a CHP.
Click to expand...
Damn.. How could I have missed that. Noted. :D
Click to expand...
That's funny LEO229 - Did you sleep last night? :D
 
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LEO 229

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