VCDL alert on Fairfax Arrest

Citizen · Jun 23, 2008

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Mike wrote:

SNIP it appears the officers invented a federal felony of bringing a loaded gun acorss state lines to justify custodial arrest.

And possibly to justify full search of the vehicle. Don't forget that possibility.

I can't waitto find out the officer's names.Ido not want anything further disclosed until it is smart for the victim to do so. But until then, I will be waiting with great anticipation.

Many thanks and kudos to the Magistrate for knowing and applying the law.He or sheneeds a letter of appreciationfor standing as a bulwark against outrageous police behavior.

Mike · Jun 23, 2008

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Harvdog wrote:

So you wouldn't tell an officer that you were armed whether open or concealed at any point during a traffic stop? This normally doesn't occur but what if they asked you to step out of the vehicle?

So what?

IanB · Jun 23, 2008

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FYI: It's NOT illegal under VA code to have "teflon" bullets UNLESS they are used in the commission of a crime.

§ 18.2-308.3. Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty.

A. When used in this section:

"Restricted firearm ammunition" applies to bullets, projectiles or other types of ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead. This definition shall not be construed to include shotgun shells or solid plastic bullets.

B. It shall be unlawful for any person to knowingly use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be guilty of a Class 5 felony.

DoubleR · Jun 23, 2008

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Citizen wrote:

Many thanks and kudos to the Magistrate for knowing and applying the law.He or sheneeds a letter of appreciationfor standing as a bulwark against outrageous police behavior.

For what it's worth - FxCo is in the 19th Judicial Circuit. According tho the Virginia Court System website, here is the Chief Magistrate for the 19th Ciucuit.

Mr Claude J. Beheler
Nineteenth Judicial District
10520 Judicial Drive
Fairfax, VA 22030-5197
703/246-2178

rob99vmi04 · Jun 23, 2008

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My question is "while commiting a Crime"

Technically, he had a driving infraction (is that not considered a criminal offense?) Don't they issue you a criminal summons?

I'm not trying to be a smart A$$, I'm just saying if they really really really want to get technical. Could they use that argument?

Dutch Uncle · Jun 23, 2008

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"Hollow point bullets are illegal in Virginia"

WHAT??:banghead:

Why do I suspect this pinhead is a refugee from New Jersey?

I thought (incorrectly) that most of the venues in NoVa had made a point of educating their officers thoroughly after the Champps, Starbucks and Tony's fiascos.

Maybe we need to pay for a monthly skywriting or "leaflet drop" campaign.

LEO 229 · Jun 23, 2008

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I cannot believe this story even happened.....

These charges are too far out there to even be believed!! Was this written on April 1st?

Please post his name so we can look the charges up on the court docket web site.

I am not aware of any charge for the carry of a loaded gun across state lines. Fairfax does not even touch a state line so how can you prove it in any case?

I am not aware of any charge for having hollow point bullets either.

We have Reciprocity with North Carolina too.

VCDL but it needs to be authenticated before everyone decides to believe it word for word.

EDIT: Originally.. I failed to read the spot about the magistrate. Too many lines I guess. I was under the impression that charges had actually been filed.

roscoe13 · Jun 23, 2008

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rob99vmi04 wrote:

My question is "while commiting a Crime"

Technically, he had a driving infraction (is that not considered a criminal offense?) Don't they issue you a criminal summons?

I'm not trying to be a smart A$$, I'm just saying if they really really really want to get technical. Could they use that argument?

No, he didn't use or attempt to use the ammunition...

Jim Thorpe · Jun 23, 2008

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Wait, in light of this I have a question.

If you have a CHP license, in Virginia and the license was issued in Virginia, and you are pulled over by a police officer, do you have to tell him immediately that you are carrying concealed? Or do you have to show him your CHP permit upon being stopped?

I thought that you did, but now I am not sure from the post.

PT111 · Jun 23, 2008

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I find the discussion about running plates most interesting. I have both a SC and a NH permit but neither are tied in any way to either my drivers license or vehicle plates. It wouldn't do much good to have it tied to vehicle plates as when I am out of town I am usually driving my wife's vehicle which is registered in her name. Not only that but when they run plates from an out-of-state vehicle does the CCW info pop up even from states that it is tied to?

This story is very strange and I would like to hear more about it before accepting it at face value. A little too far out there to believe it happened the way it is being told.

LEO 229 · Jun 23, 2008

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Jim Thorpe wrote:

Wait, in light of this I have a question.

If you have a CHP license, in Virginia and the license was issued in Virginia, and you are pulled over by a police officer, do you have to tell him immediately that you are carrying concealed? Or do you have to show him your CHP permit upon being stopped?

I thought that you did, but now I am not sure from the post.

He will know you have a permit as it will show up when running your name in VCIN.

You are not required to tell, but if you do and he asks for your permit and ID.. you must show both to him.

ODA 226 · Jun 23, 2008

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As a courtesy I always declare to the officer and have my permit and DL ready.

LEO 229 · Jun 23, 2008

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PT111 wrote:

I find the discussion about running plates most interesting. I have both a SC and a NH permit but neither are tied in any way to either my drivers license or vehicle plates. It wouldn't do much good to have it tied to vehicle plates as when I am out of town I am usually driving my wife's vehicle which is registered in her name. Not only that but when they run plates from an out-of-state vehicle does the CCW info pop up even from states that it is tied to?

This story is very strange and I would like to hear more about it before accepting it at face value. A little too far out there to believe it happened the way it is being told.

Agreed.....!! There are just to many things that cannot be believed.

Not sure how you "drop a gun" while unloading it.. and on the road no less. I feel this was included to personalize it and touch the heart strings of every gun lover who would cringe upon hearing that.

The SGT on the scene would have known everything being done was wrong by a rookie and put a stop to it immediately.

We went from one officer stopping a guy who was armed... to three officers doing a felony stop and one included a supervisor. He was then arrested when all the charges are misdemeanors and a summons would be issued.

Story does not read right to me. But please... feel free to believe what you read. You have been conditioned to do this by the media from birth. :lol:

I will be posting my own far fetched story in a few days..... :celebrate

EDIT: Keeping in mind that the story was from a friend and not in the words of the person that was there.

Jim Thorpe · Jun 23, 2008

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Great, thanks.

LEO 229 wrote:

Jim Thorpe wrote:

Wait, in light of this I have a question.

If you have a CHP license, in Virginia and the license was issued in Virginia, and you are pulled over by a police officer, do you have to tell him immediately that you are carrying concealed? Or do you have to show him your CHP permit upon being stopped?

I thought that you did, but now I am not sure from the post.

Click to expand...

He will know you have a permit as it will show up when running your name in VCIN.

You are not required to tell, but if you do and he asks for your permit and ID.. you must show both to him.

T Dubya · Jun 23, 2008

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LEO 229 wrote:

PT111 wrote:
Story does not read right to me. But please... feel free to believe what you read. You have been conditioned to do this by the media from birth. :lol:

But Leo, this is from the VCDL email alert.

Eeyore · Jun 23, 2008

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T Dubya wrote:

......they know you have a permit when they run your plates.

Unless, like me, you have a Virginia resident CHP but out-of-state plates (from a state with no permit process, even!) I plan on 'fessing up if the need ever arises.

67GT390FB · Jun 23, 2008

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LEO 229 wrote:

PT111 wrote:

I find the discussion about running plates most interesting. I have both a SC and a NH permit but neither are tied in any way to either my drivers license or vehicle plates. It wouldn't do much good to have it tied to vehicle plates as when I am out of town I am usually driving my wife's vehicle which is registered in her name. Not only that but when they run plates from an out-of-state vehicle does the CCW info pop up even from states that it is tied to?

This story is very strange and I would like to hear more about it before accepting it at face value. A little too far out there to believe it happened the way it is being told.

Click to expand...

Agreed.....!! There are just to many things that cannot be believed.

Not sure how you "drop a gun" while unloading it.. and on the road no less. I feel this was included to personalize it and touch the heart strings of every gun lover who would cringe upon hearing that.

The SGT on the scene would have known everything being done was wrong by a rookie and put a stop to it immediately.

We went from one officer stopping a guy who was armed... to three officers doing a felony stop and one included a supervisor. He was then arrested when all the charges are misdemeanors and a summons would be issued.

Story does not read right to me. But please... feel free to believe what you read. You have been conditioned to do this by the media from birth. :lol:

I will be posting my own far fetched story in a few days..... :celebrate

I know what you mean and if the storyhad notoriginated with a VCDL alert I too would be more skeptical. Philip and those guys generally don't put out an alert based solely on heresay. Their reputation is not based on crying wolf.

Also why don't you merge my previous thread with this one instead of simply closing it. there were some salient points made there that would contribute to this thread.

LEO 229 · Jun 23, 2008

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T Dubya wrote:

LEO 229 wrote:

PT111 wrote:
Story does not read right to me. But please... feel free to believe what you read. You have been conditioned to do this by the media from birth. :lol:

Click to expand...

But Leo, this is from the VCDL email alert.

I recall the nightly news reporting somethingduring an election periodthat turned out to be completely false. They had been duped!!

Not saying this did NOT happen.... but it is way too far out there to even be believed. Then the story fails to provide the reader with anything so they can verify it for themselves. You are expected to believe it because of the source... the VCDL.

At a minimum... give thename of the arresting officer. Even better... the name of the other officer AND the supervisor.

A huge point of proof would be the name of the guy from NC so we can search for the charges on the court docket.

So at this point.... I am reading it as a fantasy. It appears on its face that a motorist was stopped for running a stop sign (that he claims he did not) and is now pissed. He could have easily fabricated the story to besmirch the reputation of the entire department.

It has worked!!!

LEO 229 · Jun 23, 2008

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67GT390FB wrote:

Also why don't you merge my previous thread with this one instead of simply closing it. there were some salient points made there that would contribute to this thread.

Merged the two... apologise for any difficulty in looking for one name when the other is removed on the thread list.

Title changed to spot it easier.

67GT390FB · Jun 23, 2008

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LEO 229 wrote:

I recall the nightly news reporting somethingduring an election periodthat turned out to be completely false. They had been duped!!

Not saying this did NOT happen.... but it is way too far out there to even be believed. Then the story fails to provide the reader with anything so they can verify it for themselves. You are expected to believe it because of the source... the VCDL.

At a minimum... give thename of the arresting officer. Even better... the name of the other officer AND the supervisor.

A huge point of proof would be the name of the guy from NC so we can search for the charges on the court docket.

So at this point.... I am reading it as a fantasy. It appears on its face that a motorist was stopped for running a stop sign (that he claims he did not) and is now pissed. He could have easily fabricated the story to besmirch the reputation of the entire department.

It has worked!!!

well considering this quote from the alert and thus directly from Philip Van Cleave

"I(that would be philip)have already talked to my high-level contact with the Fairfax County PD about this entire situation and the gun owner has filed a formal
complaint."

I would again say this is most likely a true account. So maybe you are the "high-level contact with the Fairfax County PD " and are just playing dumb to protect your identity.

VCDL alert on Fairfax Arrest

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