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Lynchburg Area - OC reports

nuc65

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Joined
Nov 22, 2009
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1,121
Location
Lynchburg, Virginia, USA
I too had an issue in a traffic stop more than a year ago where they found that I had a CHP and demanded to know where my gun was. I didn't have it but they searched me and my vehicle for non-existent weapon. I generated a complaint and talked with the supervisor and mentioned my concerns. Knowing what I know now I think I would take it further if something similar were to happen. It may be that LPD knows enough of the law to know that they can stretch the officer safety to the limits when doing a traffic stop.
 

Grapeshot

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Joined
May 21, 2006
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Valhalla
I'd be very interested to hear the names of the officers involved in that search. I hope the person involved files complaints as necessary, especially if they declined the search. Perhaps it will be a good lesson on why you don't mention having a gun unless asked or required by law.

My wife has been pulled over twice by Lynchburg PD in the past year and kept her yapper shut about her handgun both times and she wasn't asked either, despite being a CHP holder (which some people say will show up when tied to a license plate). The stops were quick, courteous and there was no request for any extraneous BS like searches.

Edited to add: If the search was a year or so back, I think I may be familiar with the individual involved and already be aware of the incident. If it were more recent, I'm out of the loop.
Was reported to VCDL within the last few days by a father (member) whose son was so treated. No names, no follow up.

I too had an issue in a traffic stop more than a year ago where they found that I had a CHP and demanded to know where my gun was. I didn't have it but they searched me and my vehicle for non-existent weapon. I generated a complaint and talked with the supervisor and mentioned my concerns. Knowing what I know now I think I would take it further if something similar were to happen. It may be that LPD knows enough of the law to know that they can stretch the officer safety to the limits when doing a traffic stop.
IMO a CHP is no indication of a crime, no cause for an illegal search. Officer safety is a completely different circumstance.
 

nuc65

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Nov 22, 2009
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1,121
Location
Lynchburg, Virginia, USA
Was reported to VCDL within the last few days by a father (member) whose son was so treated. No names, no follow up.


IMO a CHP is no indication of a crime, no cause for an illegal search. Officer safety is a completely different circumstance.

Part of my complaint was that the traffic stop was over before he attempted the search, the search was stated as being on the basis of officer safety because I had a CHP.
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
I had a young man approach me in Krogers to inquire as to if the pistol on my side was real. I reigned in my tongue and said yes. He replied that he just learned to shoot in boot camp and was enjoying but he was curious about how much a pistol cost and what paperwork was needed to purchase. So we talked some about carry (OC and CC) and paperwork and I gave him my last VCDL card, and pointed him to this forum so maybe he'll log on. He said he is currently stationed in Roanoke, which give me some pause.

I also ran across http://my2commoncents.wordpress.com/2011/04/15/vcu-police-attack-veterans-freedom-of-speech/ where I found some case law about obstruction of justice and making a police officers job more difficult interestingly enough the case of Martilla v. City of Lynchburg 33 App 592, 600-602 (Va Ct App 2000) which talks about the fighting words doctrine and challenging a police officer is protected speech because police officers can be expected to have more restraint than the average joe LOL.

The case depends on City of Houston v. Hill 482 US 451, 462-463, 1075 Ct 2502 2510 (1987).

Ruchman vs Commonwealth too

Someday I'll figure all of those references out...
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Was reported to VCDL within the last few days by a father (member) whose son was so treated. No names, no follow up.


IMO a CHP is no indication of a crime, no cause for an illegal search. Officer safety is a completely different circumstance.

Correct. This needs to be nipped in the bud. Anytime a CHPer is searched for a gun during a traffic stop, a formal complaint needs to be made.

It is too easy to slam down the specious copthug safety claim. These cops ask about the gun after first returning to their patrol car and running the license. Meaning, they return to the CHPer to inquire about the gun. The cop only needs to return to the driver once--to give back drivers license and issue the citation or not. By returning to the driver in the middle of the stop to inquire about the gun, the cop is by his own argument exposing himself to more risk. Plainly, the whole game here is to get a chance to [STRIKE]search[/STRIKE] fish for contraband and/or run a serial number in the hope of finding something.

Another circumstance proves the lie. If all guns were always dangerous--as the cops would have you believe--then no cop would ever fail to dismount the car's occupants, and search and seize weapons. The simple fact that many cops don't even bother to ask proves the lies of the rest.
 
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nuc65

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Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
Oc permit?

Today I met a young lady (military wife) who admired my dog and said that she saw us walking. Then she said that she had to ask about the sidearm and whether it was permitted through the CHP. I said that concealed meant hidden from common observation and she then inquired about an OC permit. We talked a little bit and she said she and her husband traveled and she had an OC permit that her husband helped her get but wasn't carrying. I pointed her (and husband) to this forum and VCDL, she was already familiar with VCDL. I also talked a little bit about the law and OC vs CC. So I hope they make it to this forum and I hope she gets some training and carries some, not just when she travels. I also hope they learn some more about the law. I am glad she was concerned about the erosion of rights. Anyway, always nice to talk to someone about the 2nd Amendment.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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35,317
Location
Valhalla
Today I met a young lady (military wife) who admired my dog and said that she saw us walking. Then she said that she had to ask about the sidearm and whether it was permitted through the CHP. I said that concealed meant hidden from common observation and she then inquired about an OC permit. We talked a little bit and she said she and her husband traveled and she had an OC permit that her husband helped her get but wasn't carrying. I pointed her (and husband) to this forum and VCDL, she was already familiar with VCDL. I also talked a little bit about the law and OC vs CC. So I hope they make it to this forum and I hope she gets some training and carries some, not just when she travels. I also hope they learn some more about the law. I am glad she was concerned about the erosion of rights. Anyway, always nice to talk to someone about the 2nd Amendment.

Typo?

Didja mean she had a CC permit? - a CHP
 

jmelvin

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Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
We've had a couple of the OC lunches at the Blue Dahlia and the food and service make it well worth it.

Yup, OC at the Blue Dahlia is a common occurrence when I can get there on the weekend and I'm sure there are others who do so at other times. I know I've run into nuc65 there on at least one occasion. The Godseys run a nice operation there and I'm glad they've survived over the past few years I've been going there.

Like usual we've been OC all over with nothing new to report. One of these days I'd like to set up an OC brunch at Father's Table Cafe on Forest Rd. The wifester and I met Jero1987 and his wife there for breakfast this past Saturday (all of us OCing) and they were happy to be introduced to another tasty place to eat. I know some folks have requested dinners through the week instead, so maybe I'll try for that elsewhere since Father's Table isn't open for dinner.
 
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nuc65

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Joined
Nov 22, 2009
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1,121
Location
Lynchburg, Virginia, USA
Yup, OC at the Blue Dahlia is a common occurrence when I can get there on the weekend and I'm sure there are others who do so at other times. I know I've run into nuc65 there on at least one occasion. The Godseys run a nice operation there and I'm glad they've survived over the past few years I've been going there.

Like usual we've been OC all over with nothing new to report. One of these days I'd like to set up an OC brunch at Father's Table Cafe on Forest Rd. The wifester and I met Jero1987 and his wife there for breakfast this past Saturday (all of us OCing) and they were happy to be introduced to another tasty place to eat. I know some folks have requested dinners through the week instead, so maybe I'll try for that elsewhere since Father's Table isn't open for dinner.

The Vietnamese place down the road (across from the McD and B/K shopping center is tasty for dinner. No issues for the few times I've eaten there.
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
Good Reason NOT to Consent in Lynchburg

From the VCDL news letter comes the following item. I have noted that this is the SOP for LPD and it happens whether you tell them you have a CHP or not. If you don't tell them they will search your person and your vehicle because you have a CHP showing up with your DL. They really want to register your gun.

**************************************************
14. LEO encounter in Lynchburg - poor scorecard
**************************************************

Here is another stop documented in an email sent to me. This time by Lynchburg PD and shows police overreacting and searching a vehicle for the sole reason the driver told them he had a CHP and a gun. A little research showed that this was a standard operating procedure of Lynchburg PD. Not good.

--

My son was stopped by the Lynchburg PD...

He waited for a safe place to pull off and stop, rolled his window down about 6-7" and waited for the two officers to reach his car and ask for a license and registration...

He retrieved both requested documents and included his CHP when handing them to the officer. At the same time he alerted the officer to the CHP and told him that he had a handgun in a padded case under the drivers seat and wanted to let them know as a courtesy to them, and for everyone's safety. [PVC: As he's about to find out, courtesy doesn't go both ways with some officers.]

At this point the officer ask him to step out of his vehicle and come to the back while the other officer retrieved his gun from under the seat, search the console, glove box, under the passenger seat, as well as the back seat area of his car. [PVC: I would object, saying clearly that I do not consent to any searches of my vehicle or my person. This is really an insult. Criminals don't have CHPs and they certainly don't volunteer they have a gun under the seat. What could these officers possibly think he might have? This is just a fishing expedition.]

After finding nothing else of interest, the second officer told my son he was going to run the serial number to make sure the handgun wasn't stolen, which it wasn't. [PVC: Of course it wasn't. Would they have done any of this to an off-duty officer?]

The officer removed the magazine and extracted the round from the chamber and laid both gun and live round in the back seat, then allowed my son to go on his way. [PVC: At least they didn't ask him to open his trunk so they could put his gun in there. That would allow them to snoop around in the trunk. I would deny such a request and tell them to put the gun on the back seat.]

No ticket was given. [PVC: A consolation prize for all the unnecessary abuse.]
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
But on the lighter side, I carried everywhere this weekend including a new Taqueria on Forest that I recommend as they have some good items on the menu and a salsa bar with some different kinds of salsas, very tasty. Next door the little Tienda has some good prices for chilis and other small items. Much better prices than Kroger's or Food Lion's.
 

mbhudson

Regular Member
Joined
Sep 13, 2011
Messages
48
Location
Lynchburg, Virginia, United States
bad experiences with lpd

Im sorry to hear of other peoples bad experiences with lpd I have had a few run ins with them and they have always been friendly and courteous. I have been stopped in my vehicle and told them I had a weapon on my side and they just said let it be so to speak. and Ive been stopped while carrying at the mall and was told by a lynchburg officer to step out and cover my weapon up and hes fine with it and he acknowledged that the lynchburg mall gun policy is vague at best! so my experience has been very positive for the most part. Ive had one run in with bedford and it was equally as pleasant. The bedford officer pulled me on my motorcycle thankfully because my headlight had just died and when I told him I was armed (obvious by the glock on my hip) he just said thats fine just dont put your hand on it while Im here. All that to say Im sorry for the bad times some have had and obviously some training is needed but there are good cops out there and how we handle our interactions with them will greatly effect there response to the next guy. I am not saying lay down and let them take your weapon and rights I am saying polite courteous and firm has worked for me so far.
 

love4guns

Regular Member
Joined
Dec 7, 2011
Messages
167
Location
Lynchburg
Im sorry to hear of other peoples bad experiences with lpd I have had a few run ins with them and they have always been friendly and courteous. I have been stopped in my vehicle and told them I had a weapon on my side and they just said let it be so to speak. and Ive been stopped while carrying at the mall and was told by a lynchburg officer to step out and cover my weapon up and hes fine with it and he acknowledged that the lynchburg mall gun policy is vague at best! so my experience has been very positive for the most part. Ive had one run in with bedford and it was equally as pleasant. The bedford officer pulled me on my motorcycle thankfully because my headlight had just died and when I told him I was armed (obvious by the glock on my hip) he just said thats fine just dont put your hand on it while Im here. All that to say Im sorry for the bad times some have had and obviously some training is needed but there are good cops out there and how we handle our interactions with them will greatly effect there response to the next guy. I am not saying lay down and let them take your weapon and rights I am saying polite courteous and firm has worked for me so far.

like you my experiences have been positive too. I got pulled over for speeding while ocing a 9mm on my passenger's seat. Not only did the cop not mind the gun he also let me slide on the ticket....your better off not mentioning the gun IMO
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
In my one traffic experience with Lynchburg PD, where I was rear-ended by a driver who wasn't paying attention at an intersection, I OCed the entire time and no comment was made regarding my sidearm. I kept my hands away from it and in sight and didn't mention it, although it could clearly be seen and was observed for probably about 30 minutes. A big non-issue.
 

amtilton17

Regular Member
Joined
Apr 18, 2011
Messages
74
Location
Lynchburg, VA
Actually, myself and several friends of mine at church consistently talk about carry and firearms with a Campbell County deputy who helps with traffic at our church on Sundays.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
I took the day off to spend time with the wifester and I OCed all over. We started the day at Bob Evans on Wards Rd, headed to Forest Hill Service Center to get the car looked over and then headed to The Museum of the Confederacyin Appomattox. The museum was very nice, infomative and a good way to spend a few hours. I didn't even get any strange glances at my sidearm (fine by me) and we enjoyed ourselves thoroughly. Afterward we did some exploring to see if we could find Stone Ridge Estate over in Concord, but although we found the road up, the road ended at a double gated locked entry. After a bit more futzing around out and about we ended the day with dinner at Market on Main. All in all it was a nice relaxing day and I was happy not to have any OC issues at various new places.
 
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