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Thread: No Disarm law?

  1. #1
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    I have looked all over VA Code and Lynchburg City laws and can find nowhere where an officer has the right to disarm me or even ask for "papers please, comrade".

    In a situation that doesn't involve traffic (I found that thread) do I have to disarm for an officer?

    I have done so before only because one officer had his hand on his gun and another with one on his taser and I was told they "weren't playing". I was two steps off of private property in which I was part-owner and in the street looking to see why there were headlights (the LEO's) down a dead-end road.

    When I got my gun back it had been disassembled and the base pin twisted around so that I was afraid I would have to take it to a gun-smith to get it back right. I finally got it on my own, but I'm not in the way of having a ham-handed LEO toy around with my guns and possibly damage them.

    Beyond that I feel we should stand up for the rights we have and not allow them to be eroded by erroneous custom.

  2. #2
    Regular Member ProShooter's Avatar
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    James Reynolds

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  3. #3
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    Wow that was helpful. Thanks

  4. #4
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    There seems to be information missing.

    Did you have your weapon drawn? Where were you exactly? Did you come popping out of the woods? :shock:

  5. #5
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    I think this is the most recent thread that covers the issue to a degree:

    http://opencarry.mywowbb.com/forum54/39265.html

  6. #6
    Regular Member TFred's Avatar
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    If it becomes an issue, the officers will plea that they believed their safety was at risk. Case law is fairly well established regarding officer safety during traffic stops, but I don't think quite so much for incidents on foot.

    Courts have so far seemed to use that reasoning as magic words to forgive actions that most casual observers would easily consider to be a violation of various civil and/or property rights.

    Each new incident is a potential test case to break further ground in that area, but few are willing to pay the price (either inconvenience or cash) to see it through.

    Welcome to OCDO. Just FYI, we get a fair number of drive-bys here who drop threads like this to stir up trouble and vanish. Until new posters become better established, people tend to scrutinize pretty carefully.

    TFred

  7. #7
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    No, I never drew my weapon. And I didn't pop out of the woods either. I came down a very broad dirt road with dozens of yards cleared to either side of it.
    I was down a road with only one house on it that dead-ends.

    Really I just want to know if I can avoid handing over anything again after the rude and high-handed manner I was treated. I'm reading some of Danbus's threads now and it seems like those will likely answer my questions.

  8. #8
    Regular Member TFred's Avatar
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    Oh, now for the "papers plase..." Virginia has no statewide "stop and identify" law. But there have been reports of local ordinances, so you would have to check locally, where ever you happened to be.

    Of course if you are driving, you have to show an OL. If there is no local ID requirement, the general consensus is (ha, that means I don't want to take the time to look up any cites) that you may refuse to identify yourself to a LEO as long as you are not under arrest. The magic words in these situations is "Officer, am I free to go?" In order for them to say no, they have to have a reason for detaining you. If they have no legitimate reason, they have to allow you to go, and then you are wise to go.

    Now if they were down in a dead end road investigating a report of some criminal activity, they very well may have that reason, at least for long enough to determine if you are suspected of being involved in a crime. Unfortunately these are the sorts of details that are often not sorted out until the appeal, which is a long time from when you were on the side of the road.

    IANAL... you must do the resarch yourself before making your own decisions.

    TFred


  9. #9
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    Thanks for the info. It was too long ago (last fall) for me to bother pursuing anything about it, but it has come back to mind stronger and stronger through the winter. I want to be armed with better knowledge of my rights next time around because I open carry almost every day.
    Looking around today I was lucky enough to find this site. I've done most of my searching in the city and state code sites over the last few months.

    Again, thanks for the info, and the welcome!

  10. #10
    Regular Member TFred's Avatar
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    OCintheBurg wrote:
    Thanks for the info. It was too long ago (last fall) for me to bother pursuing anything about it, but it has come back to mind stronger and stronger through the winter. I want to be armed with better knowledge of my rights next time around because I open carry almost every day.
    Looking around today I was lucky enough to find this site. I've done most of my searching in the city and state code sites over the last few months.

    Again, thanks for the info, and the welcome!
    This is a great site... lots of people, and lots of different personalities.

    One thing the more experienced folks are fond of reminding us from time to time is that you never win the argument on the side of the road. Your best bet is to comply as best you can, use a voice recorder, remember and document all the details, gather additional information as required (via FOIA, etc.), then address the problems later with folks who are in a position to take appropriate action.

    TFred


  11. #11
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    TFred wrote:
    This is a great site... lots of people, and lots of different personalities.
    Lots of different opinions.

    One thing the more experienced folks are fond of reminding us from time to time is that you never win the argument on the side of the road. Your best bet is to comply as best you can, use a voice recorder, remember and document all the details, gather additional information as required (via FOIA, etc.), then address the problems later with folks who are in a position to take appropriate action.
    TFred gives good advice.
    Why open carry? Because 1911 > 911.

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