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Thread: Looking for an AG opinion letter on OC and probable cause

  1. #1
    Regular Member ProShooter's Avatar
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    A student asked me for and for some reason I cannot find; a letter from the Attorney General on whether or not an officer has probable cause to stop and detail someone simply for openly carrying. I know that I've read the letter but for the life of me I cannot find it on the VCDL site.

    Anyone have a link?
    James Reynolds

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  2. #2
    Regular Member TFred's Avatar
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    The AG web page has a link that lets you search opinions since 1996.

    http://www.oag.state.va.us/opinions/index.html

    I did a search for "firearm" but none of the hits seemed to be what you are looking for.

    TFred


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    Accomplished Advocate peter nap's Avatar
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    Considering I suffer from CRS..this may or may not be right, but, do a search for Marsha Garst, Commonwealths Attorney for Rockingham County.

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    Accomplished Advocate peter nap's Avatar
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    Never mind. I knew Marsha had asked for something discussed hhere but it was failure to identify.
    http://www.vaag.com/Opinions/2002opns/02-082.pdf

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    Regular Member ProShooter's Avatar
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    Thanks guys....I know I've seen it before on the VCDL site but I can't find it.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
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  6. #6
    Regular Member TFred's Avatar
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    I'm picking apart the VCDL site with Google's site search... was this it?

    http://www.vcdl.org/Tonys/mcpd.html

    It references the AG opinion saying you can't generally be arrested for failure to identify yourself.

    TFred


  7. #7
    Regular Member TFred's Avatar
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    From the 11/05/06 VA-ALERT we have this letter to the editor from a police officer... Not an AG opinion, but the officer does state what you're looking for.

    TFred


    ************************************************** **********
    13. Police officer tells 'Newsleader' they are unprofessional when it comes to guns
    ************************************************** **********

    One of VCDL's law enforcement members speaks out:

    --

    As one who has worked as a law enforcement officer in this state, I was offended by your article against VCDL. Your staff involved in this article should be fired for such unprofessional journalism.

    People across this state & nation enjoy the right to open-carry a firearm, as well as conceal when properly permitted. This Wild West mentality is an image in your own mind. The law abiding do NOT commit crimes, and criminals will not open carry.

    As an officer, it is perfectly legal (and a requirement) to answer a complaint and ask a few questions to assure no crime is/has been committed. Once the officer finds out that the person is peacefully minding their own business, that call is over. There is no need to ID the person or do anything else unless the officer has probable cause. Not liking people that open carry is NOT probable cause!

    Since when did your' interpretation of the law make any difference? What test of community standards' are there? Did you just make this up?? We are a nation of laws, and with that come the responsibility to uphold those laws, including police officers. Our Commonwealth of Virginia Constitution Section 13 states in part "That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed"

    I am one of the MANY from law enforcement that is also a proud member of VCDL. I, like the rest of our membership, use our legal ability to hold public officials' feet to the fire & make them uphold the law. This includes law enforcement & governing bodies that don't know, misapply or abuse the law.

    If these so-called journalist' wish to live in a fascist society, I'll gladly give them one way tickets to such a place.

    Mark Matthews


  8. #8
    Regular Member ProShooter's Avatar
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    nope, not it
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
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  9. #9
    Regular Member t33j's Avatar
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    Not an AG opinion... but I figure a SCOTUS decision is good enough???

    http://www.law.cornell.edu/supct/htm...9_0266_ZO.html
    Sic Semper Tyrannis

  10. #10
    Regular Member ProShooter's Avatar
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    t33j wrote:
    Not an AG opinion... but I figure a SCOTUS decision is good enough???

    http://www.law.cornell.edu/supct/htm...9_0266_ZO.html
    Close...but I recall that it was OC, not concealed.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
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    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  11. #11
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    I recall from several years ago, the two students who were arrested in Fairfax county for open carry. Weren't those charges dropped or the students acquitted because the determination was that there had been no probable cause or crime committed?

    Just mentioning this in case it is a lead on the ruling/opinion ythat ou may be looking for.

  12. #12
    Regular Member VAopencarry's Avatar
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    There isn't one. But we could probably ask Cuccinelli to do one.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  13. #13
    Regular Member Repeater's Avatar
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    VAopencarry wrote:
    There isn't one. But we could probably ask Cuccinelli to do one.
    Suggest waiting until after SCOTUS rules on McDonald.

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