Mike
Site Co-Founder
imported post
I just sent this to APD Chief David Baker using the webmail link of http://alexandriava.gov/contactus/mailto.pxe?parent=department&name=person&attrname=David+Baker.
--------------------------------------
30 June 2007
Chief of Police
City of Alexandria
Virginia
SUBJECT: Unlawful harassment of gun owners by APD officers
Dear Chief Baker:
This correspondence asks you to ensure that all APD officers are reminded that all Alexandria gun carry related ordinances are invalid pursuant to Va. Code § 15.2-915.
This has been the law since 2004.
In the last few weeks, multiple citizens have reported harassment by APD officers on the discussion threads of OpenCarry.org. See, e.g., http://opencarry.mywowbb.com/forum54/3288.html; http://opencarry.mywowbb.com/view_topic.php?id=3214&forum_id=54&highlight=Alexandria; http://opencarry.mywowbb.com/view_topic.php?id=3181&forum_id=54&highlight=Alexandria.
All of the reports are similar in that the individual reports that APD officers are issuing verbal warnings in lieu of a summons and either tell citizens that loaded gun carry is illegal in Alexandria pursuant to local ordinance, or, ordering or advising the citizens to conceal their guns. As you know, any concealment directive by police is unlawful generally, and doubly problematic in restaurants licensed to serve alcohol because Virginia law requires open carry in such locations. Va. Code § 18.2-308(J3).
It s likely that many gun owners will be enjoying the sights in Alexandria while open carrying in the warm days ahead, especially this Wednesday, July 4[suP]th[/suP] in an around Old Town and the Torpedo factory, and including at one or more of Alexandria’s coming seasonal events listed at http://www.funside.com/calendar/7/2007#event21, e.g., the First Thursday in Del Ray Parade on 5 July from 6-9 PM & the July 7[suP]th[/suP] symphony concert and fireworks at Oronoco Bay Park, 7 North Lee Street, Alexandria, Virginia, from 4-10 PM.
Accordingly, I ask you to take prompt action to ensure all APD officers are advised that:
1. All City of Alexandria ordnances pertaining to gun carry are invalid.
2. The open carry of handguns in Virginia is legally generally, including the City of Alexandria and its restaurants, parks, and public events, and the open carrier has no duty to possess any permit or identification when open carrying. Further, that Virginia has no stop & ID statute requiring persons to identify themselves to the police on demand. See generally, Va. Attny. Gen. Op. 2002-82 at http://www.oag.state.va.us/Opinions/2002opns/02-082.pdf.
3. That open carry of handguns in restaurants licensed to serve alcohol is required as a matter of Virginia law, even if the person holds a concealed handgun permit.
4. That more persons are likely to be carrying handguns openly in the coming days due to warm weather and upcoming public events, such as the First Thursday in Del Ray Parade on 5 July & the July 7[suP]th[/suP] symphony concert and fireworks at Oronoco Bay Park..
5. That due to recent reports of harassment of open carriers in Alexandria by APD officers who claim to not know that Alexandria gun carry related ordinances are invalid, that open carriers are likely to be traveling in groups of friends, associates, and family members, and that their parties may include undercover video camera operators who will document any open carry harassment incidents on U-Tube within hours of the event. See, e.g., http://opencarry.mywowbb.com/forum54/3190.html.
As you can imagine, there is great frustration among citizens when the police claim to not know the law 3 years after the law takes effect. I am posting this letter to the following thread which you and your staff may wish to peruse from time to time to observe citizens lawfully communicating to freely associate and travel while bearing arms:http://opencarry.mywowbb.com/forum54/3293.html.
Please let me know what you are going to do in this matter.
Sincerely,
Mike Stollenwerk
Co-founder, OpenCarry.org
I just sent this to APD Chief David Baker using the webmail link of http://alexandriava.gov/contactus/mailto.pxe?parent=department&name=person&attrname=David+Baker.
--------------------------------------
30 June 2007
Chief of Police
City of Alexandria
Virginia
SUBJECT: Unlawful harassment of gun owners by APD officers
Dear Chief Baker:
This correspondence asks you to ensure that all APD officers are reminded that all Alexandria gun carry related ordinances are invalid pursuant to Va. Code § 15.2-915.
This has been the law since 2004.
In the last few weeks, multiple citizens have reported harassment by APD officers on the discussion threads of OpenCarry.org. See, e.g., http://opencarry.mywowbb.com/forum54/3288.html; http://opencarry.mywowbb.com/view_topic.php?id=3214&forum_id=54&highlight=Alexandria; http://opencarry.mywowbb.com/view_topic.php?id=3181&forum_id=54&highlight=Alexandria.
All of the reports are similar in that the individual reports that APD officers are issuing verbal warnings in lieu of a summons and either tell citizens that loaded gun carry is illegal in Alexandria pursuant to local ordinance, or, ordering or advising the citizens to conceal their guns. As you know, any concealment directive by police is unlawful generally, and doubly problematic in restaurants licensed to serve alcohol because Virginia law requires open carry in such locations. Va. Code § 18.2-308(J3).
It s likely that many gun owners will be enjoying the sights in Alexandria while open carrying in the warm days ahead, especially this Wednesday, July 4[suP]th[/suP] in an around Old Town and the Torpedo factory, and including at one or more of Alexandria’s coming seasonal events listed at http://www.funside.com/calendar/7/2007#event21, e.g., the First Thursday in Del Ray Parade on 5 July from 6-9 PM & the July 7[suP]th[/suP] symphony concert and fireworks at Oronoco Bay Park, 7 North Lee Street, Alexandria, Virginia, from 4-10 PM.
Accordingly, I ask you to take prompt action to ensure all APD officers are advised that:
1. All City of Alexandria ordnances pertaining to gun carry are invalid.
2. The open carry of handguns in Virginia is legally generally, including the City of Alexandria and its restaurants, parks, and public events, and the open carrier has no duty to possess any permit or identification when open carrying. Further, that Virginia has no stop & ID statute requiring persons to identify themselves to the police on demand. See generally, Va. Attny. Gen. Op. 2002-82 at http://www.oag.state.va.us/Opinions/2002opns/02-082.pdf.
3. That open carry of handguns in restaurants licensed to serve alcohol is required as a matter of Virginia law, even if the person holds a concealed handgun permit.
4. That more persons are likely to be carrying handguns openly in the coming days due to warm weather and upcoming public events, such as the First Thursday in Del Ray Parade on 5 July & the July 7[suP]th[/suP] symphony concert and fireworks at Oronoco Bay Park..
5. That due to recent reports of harassment of open carriers in Alexandria by APD officers who claim to not know that Alexandria gun carry related ordinances are invalid, that open carriers are likely to be traveling in groups of friends, associates, and family members, and that their parties may include undercover video camera operators who will document any open carry harassment incidents on U-Tube within hours of the event. See, e.g., http://opencarry.mywowbb.com/forum54/3190.html.
As you can imagine, there is great frustration among citizens when the police claim to not know the law 3 years after the law takes effect. I am posting this letter to the following thread which you and your staff may wish to peruse from time to time to observe citizens lawfully communicating to freely associate and travel while bearing arms:http://opencarry.mywowbb.com/forum54/3293.html.
Please let me know what you are going to do in this matter.
Sincerely,
Mike Stollenwerk
Co-founder, OpenCarry.org