• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Required to Notify?

GLW

Regular Member
Joined
Nov 6, 2007
Messages
38
Location
Tidewater, Virginia, ,
imported post

A friend was stopped in his car by a Suffolk police officer for a traffic violation. Nearing the end of the encounter, the officer asked if he had any weapons in the car. He notified the officer that he was carrying his gun on his right hip. The officer told him that he was required to notify immediately upon the encounter that he had a weapon.

Is there a new regulation that is now requiring notification upon encounter? (I haven't heard of anything, and expect that there isn't.) If not, is this something that the Suffolk police dept. are teaching their officers? Or just the ignorance of the officer? How should we proceed from here? To whom and how should we notify of the problem (assuming that there is no such regulation.)

Thanks for your help.

Glenn
 

hunter45

Regular Member
Joined
Dec 6, 2008
Messages
969
Location
Myrtle Beach, SC
imported post

My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
 

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
imported post

hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
then you handed him the classified ads and suggested that he find a new line of work? :)
 

pourshot

Campaign Veteran
Joined
Jul 10, 2006
Messages
405
Location
Stafford, Virginia, USA
imported post

hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:

Don't challenge him. Wait a week and say you are being challenged by friends and you need the code section badly so you don't look foolish. See how he reacts to that.



Edit: Actually you might want to email him a link to preemption with another email address....Sounds like anonymously baiting/correcting this guy could be fun!
 

hunter45

Regular Member
Joined
Dec 6, 2008
Messages
969
Location
Myrtle Beach, SC
imported post

pourshot wrote:
Edit:  Actually you might want to email him a link to preemption with another email address....Sounds like anonymously baiting/correcting this guy could be fun!

That's exactly what I did after class last week. I never received a reply from him. :)
 

kennys

Regular Member
Joined
Jun 27, 2009
Messages
521
Location
Ruther Glen Va
imported post

I don't trust many people with degrees, for some reason they think they own the world but are actually more stupid than a box of rocks. If you have a chp, and you are driving a vehicle, whom ever pulls you over knows you could be in possession of a fire arm. If not it is there guess. Personally depending on the location of the weapon I may let them know I am carrying. Va law does not require up font notification all though if you are asked it is best to tell the truth. IANL
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
imported post

ProShooter wrote:
hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
then you handed him the classified ads and suggested that he find a new line of work?  :)
bwahahahaha! Good call, that!
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
imported post

hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
"Those who can't ... teach."
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
imported post

Repeater wrote:
hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
"Those who can't ... teach."
I am constantly amazed at two things:

How much ugly there is in this world...

How much Stoopid there is in this world...

Seems like a lot of PD's have a high percentage of both!:lol:
 

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
imported post

Repeater wrote:
hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
"Those who can't ... teach."
Hey now!
 

NightmareSHANIQUA

Regular Member
Joined
Sep 5, 2009
Messages
227
Location
Haymarket/Gainesville/Arlington/GMU , Virginia, US
imported post

I was under the impression, as stated above, the officer will know you have a CHP and you have to present it with your license in a traffic stop, or if you are OC'ing you should have it on the seat or somewhere near you?

Because technically at your right hip, even at OC, its not in common observation and the officer could pull a bonehead move from there.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

ProShooter wrote:
Repeater wrote:
hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
"Those who can't ... teach."
Hey now!
:) Present company excepted, of course.
 

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

NightmareSHANIQUA wrote:
I was under the impression, as stated above, the officer will know you have a CHP and you have to present it with your license in a traffic stop, or if you are OC'ing you should have it on the seat or somewhere near you?

Because technically at your right hip, even at OC, its not in common observation and the officer could pull a bonehead move from there.

Common observation = if the observing person could see all sides of you they would be able to see the firearm for what it is.

IOW, you aren't making any intentional or accidental attempts to conceal / obscure it.

Thus, having it on your hip and the police are facing you from the opposite side = firearm NOT concealed.

Very much the same thing by doing the 'virgina tuck' and the officer being on the opposite side of your body. Anyone who observed your whole body would see it as it was openly carried.

Keep in mind that yarn about not being a lawyer and all.
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
imported post

ProShooter wrote:
Repeater wrote:
hunter45 wrote:
My criminal justice teacher told us last week that you must notify in Virginia (he is a former Hampton PD officer). I didn't feel like challenging him because we were already in an argument about OC earlier in that class period. He said someone walking down the street carrying a gun was enough reasonable suspicion to detain someone. And then he said OC is not legal in all parts of Virginia. :banghead:
"Those who can't ... teach."
Hey now!
Well, of course you are not 'instructing' within the dark realm of academia. So, the above obviously does not apply to you.

Still, it appears many are sensitive to Shaw's famous quote. See here:

“Those who can, do. Those who can’t, teach.” WTF, George BernardShaw?


I hate this quote. I hate it, and I hate admitting that it might just be true.

I teach. Not all the time, although I’d like to get back to the point where it is all the time, but enough to call myself a teacher without feeling like a complete fraud. A good friend, supposedly in jest, once used this quote against me when I was lamenting the fact that I have two degrees in English and a very narrow skill set. My guess is he only brought this up to get a rise out of me, which he did, but rise or not it got me thinking. And we know the consequences of that.
 

T Dubya

Campaign Veteran
Joined
Feb 11, 2008
Messages
914
Location
Richmond, Va, ,
imported post

Happened to me once:

http://opencarry.mywowbb.com/forum54/31411.html

If I am in a situation again where an officer tells me about some bogus "duty to inform", I am going to ask that they find the code and write me up for it.

You show me a cop that knows the law, especially as it pertains to gun laws and I will show you an anomoly. Not bashing, just fact. We wouldn't have hadso many LEO teachable moments in Virginia the past few years if the cops knew the law.

Danbus, Northern Virginia pizza parlor, Chet, etc. etc. etc.

Show your teacher § 18.2-308.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
 
Top