imported post
A45PISTOL wrote:
I have OC in many cities and townships throughout Virginia. I have had some LEO's ask me to unload and some just to see my weapon. Is either legal in the Commonwealth of Virginia?
Welcome to OCDO!
Yes, it is legal. Its sneaky, but it is legal for them to ask you to unload and/or show them the gun. HOWEVER, you are not required to comply with the request. There is no law requiring you to show them your firearm.There is no law requiring a defensive firearm be unloaded (as opposed to hunting arms in certainsituations.)
They must have areason to detain you before they may seize your weapon,that is to say they must have a reasonable suspicion based on articulable facts thata crime was, is, or is about to be committed.It comes under the heading of the 4th Amendment.Oneoft quoted case is Terry vs. Ohio.
You can seea police "tradepublication" advisory on the subject to start getting some sense of what is going on here:
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=757&issue_id=122005
You can see a summary of Terry vs Ohio here:
http://www.law.cornell.edu/supct/search/display.html?terms=Terry%20v%20Ohio&url=/supct/html/historics/USSC_CR_0392_0001_ZS.html
These are an introduction to the subject. There are a number of nuances to learn about--the subject has been discussed at length on multiple threads on this site. I recommend you research them.
It is very important that you learn what to do and say andhow to say it if you want to stand on your rights. Another good place to learn basicsis
www.flexyourrights.com.
Welcome to OCDO!