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Places you disarm

TFred

Regular Member
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Oct 13, 2008
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7,750
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Most historic town in, Virginia, USA
Fortunately, in Virginia at least, the Brandishing statute does take into account a level of "reasonableness". Not to say you couldn't be arrested and charged, but it would have to be a really bad LEO IMHO.

TFred

"in such manner as to reasonably induce fear in the mind of another"

I'll tell you some stories someday TFred.
I'm sure. Reading the news these past months, one would be foolish to think that any law affording any sort of protection to citizens can be counted on to do as it is intended.

TFred
 

Dreamer

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Sep 23, 2009
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Location
Grennsboro NC
I try to avoid places where I can't carry. I haven't been inside a USPS in over 2 years, and haven't been to a movie theater in NC in about a year. But some places are unavoidable, like Government buildings and schools...

I don't carry when I am on university property, or when I'm visit my stepdaughters in MD. I don't LIKE being unarmed in those situations, but I do it, because both those venues are too important to me to avoid.

And I usually don't carry when I'm working on my letterpress printing, or working in the woodshop. Too many nasty solvents and dust in both those situations. But that doesn't mean that there's not something always within arms reach. Just not on my hip...
 
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Citizen

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Nov 15, 2006
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Location
Fairfax Co., VA
SNIP With the brandishing laws etc, it makes it more difficult to disarm prior to entering a place...

Actually, you have more freedom than that. Here is the VA brandishing statute:

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282

Merely disarming or re-arming does not even come close to reasonably inducing fear in another. Especially not in the context of the traditional meaning of brandishing--intention to intimidate.

When I first started carrying, I was all caught up in the "keep it concealed" propoganda distributed by various authority figures in the defensive gun world. "Don't scare the soccer moms" "Somebody will call the police." After I started OCing, a lingering extension of the propoganda was disarming and re-arming out of sight.

Then I got tired of holstering and unholstering and so forth in the john and the car seat. Enough! Tough if the panty-wetters get upset.

I can say that I publicly disarm and re-arm several times a week. Have been for quite a while.

This is important: Realize that if the gun is in the trunk, or a brief case and is going into a belt holster, the transfer takes literally only two seconds. If you are disarming into a brief case, etc., the gun is in your hands even less. Here is the main point: If somebody gets nervous about that, and especially if they stay nervous after it is over, they need to get out more. There is nothing reasonable about getting nervous over it. In fact, it happens so fast that nervousness or fear really can't set in before it is over. And, there is nothing reasonable about remaining nervous after it is over, the gun safely tucked away out of sight, or in a holster.

So, I've been publicly disarming and re-arming for quite a while. No problems.

Notice, however, that I do not do other things while holding the gun. I don't hold it out and look through the sights, or wave it around, shake it for loose parts, etc. I don't "inspect" it. I don't perform function checks. I don't load or unload. I just smoothly move it from where it is to where I want it. Without haste. And, with plenty of attention to what I am doing, since I am handling a loaded firearm.
 
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virginiatuck

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Feb 5, 2009
Messages
787
Location
Loudoun County, Virginia, USA
Actually, you have more freedom than that. Here is the VA brandishing statute:

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense...

Why did you not embolden "public place" in that second part?

I'd summarize each part as:
Part 1: point, hold, or brandish in such a manner as to reasonably induce fear in the mind of another.
Part 2: hold in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.

Each part has different wording; part 1 applies anywhere, part 2 applies only to a public place. I'm not really sure what the difference or implication is other than that. Could there have been some reason of including the "public place" clause in there, too?

Don't get me wrong here, I'm not taking the side that properly unloading in public (sans discharge method of unload) is a violation of that law.
 

Citizen

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Location
Fairfax Co., VA
SNIP Why did you not embolden "public place" in that second part?

I was skipping over the air-gun stuff.

Notice that nobody (I hope) is talking about loading and unloading. I am talking about holstering and unholstering.

Good point on the public place language. I wonder what that is about. The earlier clause would seem to cover it, would seem to make the second clause unnecessary.
 

virginiatuck

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Location
Loudoun County, Virginia, USA
Notice that nobody (I hope) is talking about loading and unloading. I am talking about holstering and unholstering.

The discussion is partly about what to do with a firearm before entering prohibited places, is it not? Is it responsible to leave a firearm in an unattended vehicle that is loaded and ready to fire? Or even to leave the ammo/mags with the firearm in the vehicle? I thought un-holstering and un-loading went hand-in-hand in such cases.
 

Citizen

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Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
The discussion is partly about what to do with a firearm before entering prohibited places, is it not? Is it responsible to leave a firearm in an unattended vehicle that is loaded and ready to fire? Or even to leave the ammo/mags with the firearm in the vehicle? I thought un-holstering and un-loading went hand-in-hand in such cases.

I missed the part about disarming to go into a carry-prohibited place. Sorry.

And, you have a point about a gun left loaded and unsecured in a vehicle. Now, that you mention it, my exact travels and habits almost never leave a gun in a car. Not because I was trying not to, but just because that is how it worked out.

When I unholster, I do so into a briefcase, then drive with the brief case to where ever, and take the brief case with me into the place I'm going. Not because I didn't want to leave the gun in the car, but because I needed the other stuff in brief case. Under the law, I was still armed, it was just "holstered" differently.

It has been a while, but the only place I can recall that I've disarmed totally, and left the gun locked in the trunk, was while visiting the post office. As I recall I unholstered in the drivers seat, put the gun in the brief case, and then locked the brief case in the trunk.

I guess a fella has to plan his moves a little bit to avoid various undesirable situations.
 

architect

Regular Member
Joined
Mar 19, 2008
Messages
392
Location
Falls Church, Virginia, USA
I like the idea of the car safe from architect. Are they of good quality?

It is always a mystery what someone else considers "good quality." They are made of honest steel, although not exotic materials, and are not in the least flimsy.

Given that nothing is 100% "secure," as a part of an overall "defense in depth" security strategy, I would say they are more than adequate for their intended use, and better than their price point would suggest. They are intended to resist a "smash and grab" attempt, or a casual thief. However, they will not long resist a motivated and skilled attack with appropriate tools.

For example, if they can't see it, they are not as likely to bring the proper tools. I would not leave one in plain view. Secured by the included cable, in the trunk, under the seat, or inside a pannier on a motorcycle seems "secure enough" for a few hours parking in a public garage or at a meter. Overnight on the street, or in a lot? I wouldn't do it.
 
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