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OC incident: Buckroe Beach

danbus

Regular Member
Joined
Dec 3, 2006
Messages
495
Location
Hampton, Virginia, USA
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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
 

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nova

Regular Member
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Aug 19, 2007
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3,149
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US
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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! :)
 

Dutch Uncle

Campaign Veteran
Joined
May 11, 2006
Messages
1,715
Location
Virginia, USA
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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
 

Sheriff

Regular Member
Joined
May 19, 2008
Messages
1,968
Location
Virginia, USA
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This is exactly why I keep reminding people to purchase and carry a small pocket recorder. The little Sony pocket recorders are excellent.

Danbus, what were you using? The recording ability was pretty good.
 

Sheriff

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May 19, 2008
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Location
Virginia, USA
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ps - I forgot to shout out "Black Man With A Gun!" :lol:

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

Xeni

Regular Member
Joined
Sep 12, 2007
Messages
243
Location
Dumfries, Virginia, USA
imported post

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.
 

Sheriff

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May 19, 2008
Messages
1,968
Location
Virginia, USA
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Xeni wrote:
.....but even when I have my ID I refuse to show it unless there is a legal cite that says I must.
Isn't this sorta like "obstruction of justice"?

Just like the other day when theycops told DreQo. "Ya know you're impeding an investigation if you don't show me your I.D.??"
:lol:
 

sccrref

Regular Member
Joined
May 11, 2007
Messages
741
Location
Virginia Beach, VA, , USA
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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.
 

echo6tango

Regular Member
Joined
Jul 18, 2007
Messages
230
Location
, Maryland, USA
imported post

"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 :D

Awesome, professional job Danbus
 

ed

Founder's Club Member - Moderator
Joined
Mar 8, 2008
Messages
4,841
Location
Loudoun County - Dulles Airport, Virginia, USA
imported post

Sheriff wrote:
ps - I forgot to shout out "Black Man With A Gun!" :lol:

Throw the picture of your hat and you up in this subject again please!
DSC04673.jpg
 

Neplusultra

Regular Member
Joined
Sep 7, 2007
Messages
2,224
Location
Christiansburg, Virginia, USA
imported post

Sheriff wrote:
Thank You!

That hat is one of the funniest things I have ever seen! :lol:
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?
 

LEO 229

Regular Member
Joined
Feb 21, 2007
Messages
7,606
Location
USA
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You have to be 21 to have ahandgun? :lol:

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/legp504.exe?000+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.
 
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