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Thread: OC incident: Buckroe Beach

  1. #1
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    I don't wanna draw out a long story so I'll get to the nitty gritty.

    Friend and I were at the beach for about an hour, when Hampton PD approached us with questions.

    Here is the audio. Please judge for yourself.

    EDIT - I didn't have my ID on me, so I didn't have to lie when they asked me if I had any ID. :P


    Attached Files Attached Files

  2. #2
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    Sooo many things wrong with that.

    First, no ID is 'required' to OC, and you do not have to 'prove' you aren't a felon or are underage.

    Second, the minimum age to OC in VA is actually 18, not 21.

    If it were me, I would have even more of a problem since I am 19...would have been 'interesting'...


    Stay safe out there Dan!

  3. #3
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    Handled well...

  4. #4
    Campaign Veteran Dutch Uncle's Avatar
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    Dan, you are too much! I commend you for standing your ground, educating the cop, and not letting the experience ruin your day!! You have a set of brass ones!

    When you called, I was laughing too hard to come up with any suggestions, but after thinking about it, I imagine you should carry some VCDL folders outlining the OC rights of Virginians so you don't have to waste so much of your personal time explaining the law to cops!

    Say Hey to Aubrey from me!

    P.S. Maybe you should give an 8x10 glossy of yourself to the Hampton Police so they'll know better than to waste any more time on you. It worked for the Norfolk Police!

    :celebrate:celebrate:celebrate



  5. #5
    Founder's Club Member Tess's Avatar
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    Well handled, danbus.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

  6. #6
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    danbus wrote:
    I don't wanna draw out a long story so I'll get to the nitty gritty.

    Friend and I were at the beach for about an hour, when Hampton PD approached us with questions.

    Here is the audio. Please judge for yourself.

    EDIT - I didn't have my ID on me, so I didn't have to lie when they asked me if I had any ID. :P

    The officer didn't have probable cause or reasonable suspicion to question or attempt (towards the end of the clip) to detain you. The encounter was consentual and could be terminated at any time; as you chose to do so (woot!). I love how they said they had PC to talk to you but then indicated that you were free to go. Then tried to keep talking with you to hold you there. Classic.

    Carrying an ID is not a requirement regardless of them pulling a 'are you old enough to carry' quasi-requirement. From your online picture it's easy to determine that you are of age. And, even if age was somehow a factor they have to prove that you are NOT of age; you don't have to prove that you are.

    Very well handled. The cops weren't bad either in that they knew where the line was and didn't cross it. Obviously they will use any techniques they legally have to investigate a situation and in this case they didn't violate the law or your rights.

    Sterile carry (not carrying ID) is a good thing to do but even when I have my ID I refuse to show it unless there is a legal cite that says I must. Thank you danbus.

  7. #7
    Regular Member sccrref's Avatar
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    Dan, I thought that you were rich enough to own your own private beach by now. Well done. I would have asked them if they had been in touch with NPD and their new training aides. They definitely did not know who they were dealing with.

  8. #8
    Regular Member MetalChris's Avatar
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    Dan, you rock. I need to make a trip to VA to shake your hand.

  9. #9
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    "Guys that are looking...guys looking to score a gun or something, now see you a target"

    "Ohhh..."

    "Nope, they see you as a target and you're not goning to see someone coming up behind ya...okay? We're just giving you striaght advice, that's all. You're perfectly legal, but, you need to haveID..."

    So you're a target if you don't carry AND you're target if you do carry...Hmmm, I think I'll go with being an armed target. AND I'll wear my seatbelt too

    Awesome, professional job Danbus

  10. #10
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    Pretty soon, you can just say "You know who I am already"



  11. #11
    Regular Member ODA 226's Avatar
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    Good job Dan. You might want to contact the people I recommended.
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

  12. #12
    Founder's Club Member - Moderator ed's Avatar
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    Sheriff wrote:
    ps - I forgot to shout out "Black Man With A Gun!"

    Throw the picture of your hat and you up in this subject again please!
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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  13. #13
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    *shakes his head* idiots.

  14. #14
    Regular Member Neplusultra's Avatar
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    Sheriff wrote:
    Thank You!

    That hat is one of the funniest things I have ever seen!
    Yea, but he needs to work a little bit of a curve into the bill so he doesn't look so geeky :^).

    BTW, Danbus, the audio was great quality. What model recorder do you use?

  15. #15
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    You have to be 21 to have ahandgun?

    No penalty unless you are under 18.

    To buy from a FFL dealer you have to be 21.



    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

    § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

    It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

    This section shall not apply to:

    1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

    2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

    3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

    4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.


  16. #16
    Regular Member Neplusultra's Avatar
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    LEO 229 wrote:
    Yada, yada
    There you go again LEO, quoting the law..... :^) It's supposed to be about what you feel!

  17. #17
    Founder's Club Member - Moderator longwatch's Avatar
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    So let me get this straight.

    The Hampton LEO, thought Dan might be a felon, therefore he should have put his gun in the car?


  18. #18
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    Dan, that was beautiful! Thanks for sharing. Might be good to send a copy of that to the Chief of Police to let him know his officers"level of education" regarding the law.

  19. #19
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    They were supposed to be educated due to the illegal ordinances Hampton had banning guns at Baydays. Even though the chief of police and the city atty both told the council that the laws were unenforcible Council refused to recind the laws. The Chief was said he would make sure the officers were informed about open carry. But then that has been a couple years. Maybe they need a refresher.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

  20. #20
    Regular Member thx997303's Avatar
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    Yes, we all want to know what kind of recorder you used, the recording was great!

    Keep up the good work Danbus!

  21. #21
    Regular Member Thundar's Avatar
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    1. You would think with the recent VCDL picnic right next door in Newport News that they would have gotten the memo.

    2. 1.5 pages of replies and no derisive postings yet.

    3. This brings us back to thefun old days, when OC was an activist endeavor.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  22. #22
    Campaign Veteran Freeflight's Avatar
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    Dan! you are my hero!!!

    Keep up the good work!


    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

    Free Flight

  23. #23
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    Nicely handled!

  24. #24
    Regular Member Harper1227's Avatar
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    Dan,

    I wanna be like you when i grow up!

  25. #25
    Founder's Club Member - Moderator ed's Avatar
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    I picked up a couple of these on ebay and run the wire right down the inside of my shirt.


    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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