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VA-ALERT: VCDL Update 10/21/08
-----Original Message-----
From: Philip Van Cleave
Sent: Tuesday, October 21, 2008 1:11 PM
Subject: VA-ALERT: VCDL Update 10/21/08
----------------------------------------------------------------------
VCDL's meeting schedule: http://www.vcdl.org/meetings.html
----------------------------------------------------------------------
VCDL Update 10/21/08 - Defending your right to defend yourself
Quote for the day:
Barack Obama on eliminating lawful concealed carry nationwide:
"National legislation will prevent other states' flawed concealed-
weapons laws from threatening the safety of Illinois residents." David
Mendell, "Democratic hopefuls vary a bit on death penalty", Chicago
Tribune, February 20, 2004.
1. Virginia State Forests preparing petition on allowing carry
2. It's time to order your VCDL license plates!
3. Goochland rally has sounds of freedom ringing in the background /
National Parks vote coming?
4. Gun rights advocate will be prosecuted in Norfolk case
5. Female reporter feels safer with armed citizens around
6. Why would you need a gun at a Norfolk school?
7. Assault at William & Mary
8. Concealed guns at Liberty University?
9. No surprise: paper comes out against self-defense at university
10. VCDL helps kill Hanover's proposed weapons ordinances
11. Poquoson City Council works to clear invalid ordinances
12. Discount for permit holders at Newport News shooting range
13. How to make FOIA requests in Virginia
14. D.C.-area tourist attacked with knife at NC Dismal Swamp state park
15. Police Officer gives useful insight of traffic stops of a permit
holder
16. Will Guns Sink Obama in Va.?
17. Anti-Gun-Rights Candidate Could Gut "Heller" Decision
18. Obama's History in the Illinois Senate
19. FBI: Justifiable homicides at highest in more than a decade
20. Madonna's Controversial Gun Shoes
21. Gun shows and events!
**************************************************
1. Virginia State Forests preparing petition on allowing carry
**************************************************
Thanks to Bob Taylor for bringing 4 VAC 10-30-170 to my attention.
That Virginia Admin code says:
http://www.dof.virginia.gov/stforest/regulations.shtml
"No person shall bring into or have in any forest any explosive or
explosive substance, except commercial sporting firearms ammunition;
explosives, explosive substances and firearms of all types are
prohibited in any portion of a forest assigned to the Department of
Forestry, for administration as a recreational area."
A couple of weeks ago I contacted Ron Jenkins, who handles policy for
State Forests, about this issue. I told Mr. Jenkins that the same two
Attorney General opinions that say that State Parks cannot prohibit
either open carry or concealed carry would apply to State Forests, too.
Mr. Jenkins, who was very polite and professional, said he would look
into the matter.
I forwarded him an email with a more formal petition and links to the
two AG opinions referenced above.
EM Mike Stollerwerk has discovered that State Forests are getting
ready to vet the VCDL petition. (Like other State agencies, before
State Forests changes its rules, it notifies and gets input from the
public on the proposed change.)
For now, there is nothing to do. I will let you know when we can
begin sending supporting emails for the petition and where to send them.
Here is a link to the petition information:
http://www.townhall.virginia.gov/l/viewpetition.cfm?petitionid=64
Petition Title Allowing the Lawful Carry of Handguns on State Forests
Date Filed 10/7/2008
Petitioner Philip Van Cleave, President Virginia Citizens Defense
League
Petitioner's Request
The Virginia Citizens Defense League is asking the State Forester to
change the current regulation to allow the otherwise lawful carry of
handguns, either concealed with a concealed handgun permit or openly,
in a state forest.
Agency's Plan
The Department of Forestry shall submit notice of the petition to the
Registrar for publication in the Virginia Register. The notice will
be available for a 21-day comment period by the public. After the
close of the 21-day comment period, the agency will issue a written
decision as to whether it will grant or deny the petition.
Comment Period Will begin 11/10/2008 and end on 12/2/2008
Agency Decision Pending
**************************************************
2. It's time to order your VCDL license plates!
**************************************************
We need to get moving on this so we have all of our ducks in a row
before the General Assembly session starts in January! We need to
have orders for at least 350 plates by then.
Instructions on how to order the plates and an image of the plate are
here:
http://www.vcdl.org/index.html#Plates
**************************************************
3. Goochland rally has sounds of freedom ringing in the background /
National Parks vote coming?
**************************************************
On Saturday Board member Dennis O'Connor and I attended the Goochland
Republican Committee rally to thank them for specifically welcoming
gun owners.
Congressman Eric Cantor and Jim Gilmore's wife, Roxane, spoke to the
assembled crowd.
The rally was held at a private hunting preserve and a few times when
Congressman Cantor paused while addressing the crowd on various
issues, including the Second Amendment, gun shots could be heard in
the distance. That evoked more than a few chuckles from the crowd at
the appropriateness of the timing of those shots. ;-)
I also had a chance to speak to Congressman Cantor about getting some
legislation passed to allow carry in National Parks, as the Department
of the Interior seems to be dragging its heals. He was receptive and
said he would look into the status of the bills repealing the National
Park gun ban.
**BREAKING NEWS: Just got this link, which says Congressional vote on
carry in National Parks is scheduled for November 1!**
http://tinyurl.com/567rze
Bearing Arms in National Parks
Doublethink Online
by Kathryn Ciano | October 15, 2008
Lost in all the noise about the ongoing bail-out is an important vote
before Congress, slated for November 1, on a controversial plan to
overturn the ban on guns in National Parks. The proposed new rule
would lift the ban only in National Parks located in states that allow
concealed carry in their own State Parks. It’s not just about the
Second Amendment, however. People’s lives are increasingly at risk
from marauding drug dealers who grow vast quantities of marijuana on
federal parkland and jealously defend their turf.
Since 1983, the Department of the Interior has prohibited people from
carrying firearms into lands controlled by the National Park Service
and the U.S. Fish and Wildlife Service. This rule correctly separates
laws governing federal lands from those of surrounding states—
federalism dictates that state laws should not automatically apply to
federal land within its borders. However, in the recent Heller
ruling, the Supreme Court upheld the individual’s right to bear arms
on federal territory (the District of Columbia), thereby calling into
question the validity of the park ban on Constitutional grounds.
In overturning the District’s gun ban this summer, the Court did not
rule on whether states have to respect the Second Amendment. However
it’s now clear that individuals can successfully defend their
Constitutional rights on federal land. While D.C.’s reluctance to
accept the Court’s ruling may be annoying—guns still must remain
disassembled until an intruder actually breaks in, and the District
rejected Heller’s own application to purchase a firearm—the legal
writing is clearly on the wall for the nationwide park ban.
Yet the ban cannot be lifted soon enough.
The National Park Service claims that the gun ban protects park
visitors from violent crime. But gun bans only affect law-abiding
citizens, leaving them defenseless against armed criminals who ignore
the laws. While park rangers wear bulletproof vests at all times and
travel with guns on their persons or vehicles, the National Park
Service denies such protection to campers and hikers. Indeed, the Park
Service withholds research permits until researchers sign waivers
acknowledging that the National Park Service cannot protect them.
According to the White House January 2008 drug policy report, armed
drug traffickers cultivate most American marijuana grown outdoors in
National Parks. Worth billions of dollars, 80% of the marijuana plants
officials eradicated from federal lands in 2007 grew in National Park
areas of California and Kentucky.
Since the 9/11 terrorist attacks, drug smugglers cannot easily
transport drugs across tightened US borders. Instead, cartels bring
cultivators into the US to grow marijuana in remote, sparsely policed
federal lands. Criminal drug trafficking organizations headquartered
abroad supply workers with weapons and materials necessary to maintain
these extensive operations. These workers clear cut native trees,
poach and hunt wildlife, divert natural waterways to irrigate the
land, and devastate the soil with pesticides, herbicides, and
fertilizers. National Park officials estimate that traffickers destroy
ten acres of forest for each acre of cultivated marijuana.
Traffickers live close to their crops, often less than one hundred
yards off the trail, growing intimate with the land and rangers’
schedules. While parks are still relatively peaceful places, an
increasing amount of violence occurs when unsuspecting tourists
stumble upon these plantations and are menaced by the drug farmers.
These criminals know that tourists are not armed, and have been known
to detain and threaten hikers.
A repeal of this dangerous and unconstitutional law is within reach.
The November 1 vote is on a Department of the Interior proposal
repealing the ban in National Parks located in states that permit
concealed carry. Forty-eight Senators support the right to bear arms
on federal land and will likely support this measure.
Last week, the Pennsylvania Legislature passed HB-1845, overruling the
Pennsylvania State Park firearm carry ban. Pennsylvania is signaling
approval of the proposed national policy, and has tailored its own
law, ensuring that National Parks in Pennsylvania qualify for the
National Park gun ban repeal.
Yet the Interior Department has specifically prohibited Park Service
employees from commenting on the proposed change. Conflicting evidence
regarding crime statistics surrounds these obscure but ominous
problems facing our National Parks. The Interior Department should
weigh rangers’ comments at least as heavily as those from the general
public.
Since the Supreme Court categorized the right to bear arms as a
fundamental individual right, both the Congress and the Department of
the Interior should consider this federal precedent and the dozens of
state cases decided since then. Pennsylvania’s commitment to
individual liberties further signals state support for this federal
policy.
We need to ensure that our National Parks remain safe, allowing us to
enjoy the grandeur of nature that is our inheritance. Depriving law-
abiding citizens of another hard-won inheritance, the right to bear
arms, is at best counterproductive.
-Kathryn Ciano is a law student in Virginia.
**************************************************
4. Gun rights advocate will be prosecuted in Norfolk case
**************************************************
Sometimes when a story is initially put out on the web, a paper might
update it. That's because they are initially trying to get the story
out there and later fix it up to match the final printed version. In
this case, the article has several things added and others removed
from what was posted last week:
http://tinyurl.com/4ykp4v
By Harry Minium
The Virginian-Pilot October 15, 2008
NORFOLK The city will prosecute a trespassing charge against Hampton
resident Dan Moore after he was ordered to leave Waterside last week
for wearing a gun on his hip, and according to police, refused to leave.
Although the retail complex has received millions of taxpayer dollars,
it is a private institution that has the right to ban guns, City
Attorney Bernard A. Pishko said.
In Virginia, it is legal to carry a handgun in public.
"Waterside is a commercial venture, with restaurants and shops,"
Pishko said. "This is not the kind of activity you would expect to
find in a public building."
Moore, who has had several brushes with Norfolk police over his right
to carry a gun, attended a City Council meeting on Oct. 8. He and
members of the Virginia Citizens Defense League told the council that
they were upset about how they were being treated by police.
Later that night, Moore and other members of the group were leaving a
Waterside restaurant when they were stopped by an off-duty Norfolk
police officer. They were all wearing guns. Moore was the only one
arrested.
He is scheduled to appear in General District Court on Nov. 14. He
could face up to a year in jail and a hefty fine if convicted of the
misdemeanor.
Moore said Wednesday that he plans to contest the charge because
Waterside is owned by taxpayers.
"The city is talking about tearing it down because it's not making
enough money," he said. "There is no question that it is city property."
Moore also said the arresting officer told him that he could not carry
a gun inside Waterside because it is a public place. However, he
denies refusing to leave Waterside.
No judge will consider Waterside private property, said Philip Van
Cleave, who heads the gun rights group. "The city has a big stake in
that building. I think the city attorney is doing a lot of wishful
thinking."
Twice before, Moore said he has been illegally stopped and questioned
by Norfolk police. After the first incident a year ago, when he was
detained while downtown, the city paid Moore $10,000 to avoid a lawsuit.
City officials say that although Moore and others who openly carry
guns downtown are within their rights, they have done so brazenly in
an attempt to attract attention. This time, Moore violated the law and
his judgment "could end up costing him," Pishko said.
Pishko's office rarely sends attorneys to prosecute misdemeanors, but
Pishko said they will handle this case because of its high profile
nature and the precedent it could set.
Van Cleave said his group may help Moore pay for legal representation.
"He stood up to the city, and we certainly can't have that, can we?"
Van Cleave asked sarcastically.
"Unfortunately, I've come to expect no less from Norfolk."
**************************************************
5. Female reporter feels safer with armed citizens around
**************************************************
Kerry Dougherty, a conservative columnist for the Virginian-Pilot,
wrote this article about Danladi Moore's latest situation with Norfolk:
http://tinyurl.com/54cbzj
The Virginian-Pilot October 15, 2008
Kerry Dougherty
Virginian-Pilot columnist
A woman alone. After dark. In downtown Norfolk.
A recipe for fear?
Not last Tuesday. Safest place in town, I thought as I pulled into the
dimly lit parking garage behind City Hall.
It was, after all, Dirty Harry Night at Norfolk City Council. Dozens
of law-abiding gun owners were expected, all openly packing heat, to
protest the city's alleged harassment of a gun owner who had been
stopped several times for carrying a weapon.
The man in the bull's-eye is Danladi Moore, a 24-year-old Hampton man
who seems to get in trouble every time he comes to Norfolk. After two
encounters with the city's police, Moore was awarded $10,000 in July,
to avoid a court battle.
The security guard barely had time to spend the loot before he says he
was booted from an HRT bus - again, for carrying a weapon - and told
he might be arrested.
On Tuesday night, just hours after he and others testified before a
stone-faced City Council and received assurances that Norfolk police
understood Virginia's gun laws, Moore was stopped again.
He claims he was disarmed, handcuffed and charged with trespassing at
Waterside.
Cha-ching.
"Open-carry" is a concept that's alien to many. While everyone seems
to know that the commonwealth issues permits to carry concealed
weapons, many don't know that anyone who can legally own a gun can
carry it without a permit, provided it's in the open.
Ignorance of the law explains the panicky 911 calls to report Moore
poking around town with a holstered sidearm.
But it doesn't justify a police response that, according to Moore,
resulted in officers hassling him and insisting he had no right to
carry a weapon.
Why open-carry? Some say it's the comfortable way to carry a gun when
it's hot. Others insist that a visible weapon is a powerful crime
deterrent.
"Someone said they thought guys who open-carry are trying to look
cool," Moore told me Wednesday. "That's not me. I'm trying to look
like a guy who doesn't want to be robbed."
Moore believes he may have thwarted a convenience store holdup once
when a suspicious person left after spying his gun.
His latest brush with authorities came after a knot of the open-carry
guys headed to Hooters at the conclusion of the council meeting. Most
sported weapons, yet their accessories reportedly attracted no
attention in the restaurant. No surprise there; no one looks at men at
Hooters.
Later, in Waterside, Moore said he and a friend were stopped by two
police officers, told they couldn't bring guns into the complex, and
ordered to leave.
Moore balked and insisted he was within his rights. Within minutes,
Moore claims he was disarmed, handcuffed and charged with trespassing.
He has a court date in November.
Before leaving council chambers Tuesday night, I spoke with Moore and
asked him about his holstered gun.
"It's a Springfield XD .45," he said, adding with a grin, "I bought it
with some of the money I got from Norfolk this summer."
Before this is over, Moore may have a matched set.
VA-ALERT: VCDL Update 10/21/08
-----Original Message-----
From: Philip Van Cleave
Sent: Tuesday, October 21, 2008 1:11 PM
Subject: VA-ALERT: VCDL Update 10/21/08
----------------------------------------------------------------------
VCDL's meeting schedule: http://www.vcdl.org/meetings.html
----------------------------------------------------------------------
VCDL Update 10/21/08 - Defending your right to defend yourself
Quote for the day:
Barack Obama on eliminating lawful concealed carry nationwide:
"National legislation will prevent other states' flawed concealed-
weapons laws from threatening the safety of Illinois residents." David
Mendell, "Democratic hopefuls vary a bit on death penalty", Chicago
Tribune, February 20, 2004.
1. Virginia State Forests preparing petition on allowing carry
2. It's time to order your VCDL license plates!
3. Goochland rally has sounds of freedom ringing in the background /
National Parks vote coming?
4. Gun rights advocate will be prosecuted in Norfolk case
5. Female reporter feels safer with armed citizens around
6. Why would you need a gun at a Norfolk school?
7. Assault at William & Mary
8. Concealed guns at Liberty University?
9. No surprise: paper comes out against self-defense at university
10. VCDL helps kill Hanover's proposed weapons ordinances
11. Poquoson City Council works to clear invalid ordinances
12. Discount for permit holders at Newport News shooting range
13. How to make FOIA requests in Virginia
14. D.C.-area tourist attacked with knife at NC Dismal Swamp state park
15. Police Officer gives useful insight of traffic stops of a permit
holder
16. Will Guns Sink Obama in Va.?
17. Anti-Gun-Rights Candidate Could Gut "Heller" Decision
18. Obama's History in the Illinois Senate
19. FBI: Justifiable homicides at highest in more than a decade
20. Madonna's Controversial Gun Shoes
21. Gun shows and events!
**************************************************
1. Virginia State Forests preparing petition on allowing carry
**************************************************
Thanks to Bob Taylor for bringing 4 VAC 10-30-170 to my attention.
That Virginia Admin code says:
http://www.dof.virginia.gov/stforest/regulations.shtml
"No person shall bring into or have in any forest any explosive or
explosive substance, except commercial sporting firearms ammunition;
explosives, explosive substances and firearms of all types are
prohibited in any portion of a forest assigned to the Department of
Forestry, for administration as a recreational area."
A couple of weeks ago I contacted Ron Jenkins, who handles policy for
State Forests, about this issue. I told Mr. Jenkins that the same two
Attorney General opinions that say that State Parks cannot prohibit
either open carry or concealed carry would apply to State Forests, too.
Mr. Jenkins, who was very polite and professional, said he would look
into the matter.
I forwarded him an email with a more formal petition and links to the
two AG opinions referenced above.
EM Mike Stollerwerk has discovered that State Forests are getting
ready to vet the VCDL petition. (Like other State agencies, before
State Forests changes its rules, it notifies and gets input from the
public on the proposed change.)
For now, there is nothing to do. I will let you know when we can
begin sending supporting emails for the petition and where to send them.
Here is a link to the petition information:
http://www.townhall.virginia.gov/l/viewpetition.cfm?petitionid=64
Petition Title Allowing the Lawful Carry of Handguns on State Forests
Date Filed 10/7/2008
Petitioner Philip Van Cleave, President Virginia Citizens Defense
League
Petitioner's Request
The Virginia Citizens Defense League is asking the State Forester to
change the current regulation to allow the otherwise lawful carry of
handguns, either concealed with a concealed handgun permit or openly,
in a state forest.
Agency's Plan
The Department of Forestry shall submit notice of the petition to the
Registrar for publication in the Virginia Register. The notice will
be available for a 21-day comment period by the public. After the
close of the 21-day comment period, the agency will issue a written
decision as to whether it will grant or deny the petition.
Comment Period Will begin 11/10/2008 and end on 12/2/2008
Agency Decision Pending
**************************************************
2. It's time to order your VCDL license plates!
**************************************************
We need to get moving on this so we have all of our ducks in a row
before the General Assembly session starts in January! We need to
have orders for at least 350 plates by then.
Instructions on how to order the plates and an image of the plate are
here:
http://www.vcdl.org/index.html#Plates
**************************************************
3. Goochland rally has sounds of freedom ringing in the background /
National Parks vote coming?
**************************************************
On Saturday Board member Dennis O'Connor and I attended the Goochland
Republican Committee rally to thank them for specifically welcoming
gun owners.
Congressman Eric Cantor and Jim Gilmore's wife, Roxane, spoke to the
assembled crowd.
The rally was held at a private hunting preserve and a few times when
Congressman Cantor paused while addressing the crowd on various
issues, including the Second Amendment, gun shots could be heard in
the distance. That evoked more than a few chuckles from the crowd at
the appropriateness of the timing of those shots. ;-)
I also had a chance to speak to Congressman Cantor about getting some
legislation passed to allow carry in National Parks, as the Department
of the Interior seems to be dragging its heals. He was receptive and
said he would look into the status of the bills repealing the National
Park gun ban.
**BREAKING NEWS: Just got this link, which says Congressional vote on
carry in National Parks is scheduled for November 1!**
http://tinyurl.com/567rze
Bearing Arms in National Parks
Doublethink Online
by Kathryn Ciano | October 15, 2008
Lost in all the noise about the ongoing bail-out is an important vote
before Congress, slated for November 1, on a controversial plan to
overturn the ban on guns in National Parks. The proposed new rule
would lift the ban only in National Parks located in states that allow
concealed carry in their own State Parks. It’s not just about the
Second Amendment, however. People’s lives are increasingly at risk
from marauding drug dealers who grow vast quantities of marijuana on
federal parkland and jealously defend their turf.
Since 1983, the Department of the Interior has prohibited people from
carrying firearms into lands controlled by the National Park Service
and the U.S. Fish and Wildlife Service. This rule correctly separates
laws governing federal lands from those of surrounding states—
federalism dictates that state laws should not automatically apply to
federal land within its borders. However, in the recent Heller
ruling, the Supreme Court upheld the individual’s right to bear arms
on federal territory (the District of Columbia), thereby calling into
question the validity of the park ban on Constitutional grounds.
In overturning the District’s gun ban this summer, the Court did not
rule on whether states have to respect the Second Amendment. However
it’s now clear that individuals can successfully defend their
Constitutional rights on federal land. While D.C.’s reluctance to
accept the Court’s ruling may be annoying—guns still must remain
disassembled until an intruder actually breaks in, and the District
rejected Heller’s own application to purchase a firearm—the legal
writing is clearly on the wall for the nationwide park ban.
Yet the ban cannot be lifted soon enough.
The National Park Service claims that the gun ban protects park
visitors from violent crime. But gun bans only affect law-abiding
citizens, leaving them defenseless against armed criminals who ignore
the laws. While park rangers wear bulletproof vests at all times and
travel with guns on their persons or vehicles, the National Park
Service denies such protection to campers and hikers. Indeed, the Park
Service withholds research permits until researchers sign waivers
acknowledging that the National Park Service cannot protect them.
According to the White House January 2008 drug policy report, armed
drug traffickers cultivate most American marijuana grown outdoors in
National Parks. Worth billions of dollars, 80% of the marijuana plants
officials eradicated from federal lands in 2007 grew in National Park
areas of California and Kentucky.
Since the 9/11 terrorist attacks, drug smugglers cannot easily
transport drugs across tightened US borders. Instead, cartels bring
cultivators into the US to grow marijuana in remote, sparsely policed
federal lands. Criminal drug trafficking organizations headquartered
abroad supply workers with weapons and materials necessary to maintain
these extensive operations. These workers clear cut native trees,
poach and hunt wildlife, divert natural waterways to irrigate the
land, and devastate the soil with pesticides, herbicides, and
fertilizers. National Park officials estimate that traffickers destroy
ten acres of forest for each acre of cultivated marijuana.
Traffickers live close to their crops, often less than one hundred
yards off the trail, growing intimate with the land and rangers’
schedules. While parks are still relatively peaceful places, an
increasing amount of violence occurs when unsuspecting tourists
stumble upon these plantations and are menaced by the drug farmers.
These criminals know that tourists are not armed, and have been known
to detain and threaten hikers.
A repeal of this dangerous and unconstitutional law is within reach.
The November 1 vote is on a Department of the Interior proposal
repealing the ban in National Parks located in states that permit
concealed carry. Forty-eight Senators support the right to bear arms
on federal land and will likely support this measure.
Last week, the Pennsylvania Legislature passed HB-1845, overruling the
Pennsylvania State Park firearm carry ban. Pennsylvania is signaling
approval of the proposed national policy, and has tailored its own
law, ensuring that National Parks in Pennsylvania qualify for the
National Park gun ban repeal.
Yet the Interior Department has specifically prohibited Park Service
employees from commenting on the proposed change. Conflicting evidence
regarding crime statistics surrounds these obscure but ominous
problems facing our National Parks. The Interior Department should
weigh rangers’ comments at least as heavily as those from the general
public.
Since the Supreme Court categorized the right to bear arms as a
fundamental individual right, both the Congress and the Department of
the Interior should consider this federal precedent and the dozens of
state cases decided since then. Pennsylvania’s commitment to
individual liberties further signals state support for this federal
policy.
We need to ensure that our National Parks remain safe, allowing us to
enjoy the grandeur of nature that is our inheritance. Depriving law-
abiding citizens of another hard-won inheritance, the right to bear
arms, is at best counterproductive.
-Kathryn Ciano is a law student in Virginia.
**************************************************
4. Gun rights advocate will be prosecuted in Norfolk case
**************************************************
Sometimes when a story is initially put out on the web, a paper might
update it. That's because they are initially trying to get the story
out there and later fix it up to match the final printed version. In
this case, the article has several things added and others removed
from what was posted last week:
http://tinyurl.com/4ykp4v
By Harry Minium
The Virginian-Pilot October 15, 2008
NORFOLK The city will prosecute a trespassing charge against Hampton
resident Dan Moore after he was ordered to leave Waterside last week
for wearing a gun on his hip, and according to police, refused to leave.
Although the retail complex has received millions of taxpayer dollars,
it is a private institution that has the right to ban guns, City
Attorney Bernard A. Pishko said.
In Virginia, it is legal to carry a handgun in public.
"Waterside is a commercial venture, with restaurants and shops,"
Pishko said. "This is not the kind of activity you would expect to
find in a public building."
Moore, who has had several brushes with Norfolk police over his right
to carry a gun, attended a City Council meeting on Oct. 8. He and
members of the Virginia Citizens Defense League told the council that
they were upset about how they were being treated by police.
Later that night, Moore and other members of the group were leaving a
Waterside restaurant when they were stopped by an off-duty Norfolk
police officer. They were all wearing guns. Moore was the only one
arrested.
He is scheduled to appear in General District Court on Nov. 14. He
could face up to a year in jail and a hefty fine if convicted of the
misdemeanor.
Moore said Wednesday that he plans to contest the charge because
Waterside is owned by taxpayers.
"The city is talking about tearing it down because it's not making
enough money," he said. "There is no question that it is city property."
Moore also said the arresting officer told him that he could not carry
a gun inside Waterside because it is a public place. However, he
denies refusing to leave Waterside.
No judge will consider Waterside private property, said Philip Van
Cleave, who heads the gun rights group. "The city has a big stake in
that building. I think the city attorney is doing a lot of wishful
thinking."
Twice before, Moore said he has been illegally stopped and questioned
by Norfolk police. After the first incident a year ago, when he was
detained while downtown, the city paid Moore $10,000 to avoid a lawsuit.
City officials say that although Moore and others who openly carry
guns downtown are within their rights, they have done so brazenly in
an attempt to attract attention. This time, Moore violated the law and
his judgment "could end up costing him," Pishko said.
Pishko's office rarely sends attorneys to prosecute misdemeanors, but
Pishko said they will handle this case because of its high profile
nature and the precedent it could set.
Van Cleave said his group may help Moore pay for legal representation.
"He stood up to the city, and we certainly can't have that, can we?"
Van Cleave asked sarcastically.
"Unfortunately, I've come to expect no less from Norfolk."
**************************************************
5. Female reporter feels safer with armed citizens around
**************************************************
Kerry Dougherty, a conservative columnist for the Virginian-Pilot,
wrote this article about Danladi Moore's latest situation with Norfolk:
http://tinyurl.com/54cbzj
The Virginian-Pilot October 15, 2008
Kerry Dougherty
Virginian-Pilot columnist
A woman alone. After dark. In downtown Norfolk.
A recipe for fear?
Not last Tuesday. Safest place in town, I thought as I pulled into the
dimly lit parking garage behind City Hall.
It was, after all, Dirty Harry Night at Norfolk City Council. Dozens
of law-abiding gun owners were expected, all openly packing heat, to
protest the city's alleged harassment of a gun owner who had been
stopped several times for carrying a weapon.
The man in the bull's-eye is Danladi Moore, a 24-year-old Hampton man
who seems to get in trouble every time he comes to Norfolk. After two
encounters with the city's police, Moore was awarded $10,000 in July,
to avoid a court battle.
The security guard barely had time to spend the loot before he says he
was booted from an HRT bus - again, for carrying a weapon - and told
he might be arrested.
On Tuesday night, just hours after he and others testified before a
stone-faced City Council and received assurances that Norfolk police
understood Virginia's gun laws, Moore was stopped again.
He claims he was disarmed, handcuffed and charged with trespassing at
Waterside.
Cha-ching.
"Open-carry" is a concept that's alien to many. While everyone seems
to know that the commonwealth issues permits to carry concealed
weapons, many don't know that anyone who can legally own a gun can
carry it without a permit, provided it's in the open.
Ignorance of the law explains the panicky 911 calls to report Moore
poking around town with a holstered sidearm.
But it doesn't justify a police response that, according to Moore,
resulted in officers hassling him and insisting he had no right to
carry a weapon.
Why open-carry? Some say it's the comfortable way to carry a gun when
it's hot. Others insist that a visible weapon is a powerful crime
deterrent.
"Someone said they thought guys who open-carry are trying to look
cool," Moore told me Wednesday. "That's not me. I'm trying to look
like a guy who doesn't want to be robbed."
Moore believes he may have thwarted a convenience store holdup once
when a suspicious person left after spying his gun.
His latest brush with authorities came after a knot of the open-carry
guys headed to Hooters at the conclusion of the council meeting. Most
sported weapons, yet their accessories reportedly attracted no
attention in the restaurant. No surprise there; no one looks at men at
Hooters.
Later, in Waterside, Moore said he and a friend were stopped by two
police officers, told they couldn't bring guns into the complex, and
ordered to leave.
Moore balked and insisted he was within his rights. Within minutes,
Moore claims he was disarmed, handcuffed and charged with trespassing.
He has a court date in November.
Before leaving council chambers Tuesday night, I spoke with Moore and
asked him about his holstered gun.
"It's a Springfield XD .45," he said, adding with a grin, "I bought it
with some of the money I got from Norfolk this summer."
Before this is over, Moore may have a matched set.