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Thread: Passing through Virginia - Do you have to notify officer if stopped and carrying?

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    Passing through Virginia - Do you have to notify officer if stopped and carrying?

    Going to be traveling through Va., I was wanting to know if pulled over, do you have to notify that you are carrying, open or concealed?

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    Accomplished Advocate peter nap's Avatar
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    No!

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    Regular Member scouser's Avatar
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    I ran into a checkpoint today on US 522 in Powhatan. County cop walked up to the truck and I didn't even think about the gun on my right hip. He asked me for my licence, so I told him to just bear with me while I got it out of my pocket, and as a matter of courtesy I opened the driver's door so he could see what I was doing as I went in my left front pocket for my wallet. He looked at my licence and then asked to see my medical card, which I handed to him to check. I was turned slightly towards him and his head was about level with my hip so either he couldn't see my right side or he just chose to ignore it because it was a non-issue during this encounter. Instead he just handed back my paperwork and told me to continue on my way when I was ready.

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    Lone Star Veteran DrMark's Avatar
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    Quote Originally Posted by scouser View Post
    He looked at my licence and then asked to see my medical card, which I handed to him to check.
    What is a medical card?

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    Quote Originally Posted by DrMark View Post
    What is a medical card?
    Commercial drivers are required to carry a 'medical card' that basically says they are healthy enough to drive. More gubmint oversight.... 'for our own good'.....

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    Regular Member scouser's Avatar
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    ^ what he said

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    Lone Star Veteran DrMark's Avatar
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    Roger that.

    Thanks guys.

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    Regular Member The Wolfhound's Avatar
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    Stop awhile

    We have lots to see 'round these parts. A NC permit is honored here and OC is rather friendlier here as we do not seem to have that nasty GATTOP wording in our laws that you have to avoid at home. Just be careful about that "passing through" thing. Maryland is to be avoided at all costs if you have a gun, much as one is really needed there.
    Last edited by The Wolfhound; 04-22-2011 at 12:48 PM.

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    Regular Member riverrat10k's Avatar
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    Are there not some Federal laws about DOT licensed drivers carrying?

    Excuse my ignorance on the subject but I seem to recall something about this?

    Interstate truckers, not intra---.
    Last edited by riverrat10k; 04-22-2011 at 01:18 PM.

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    Regular Member The Wolfhound's Avatar
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    I mostly indended....

    That Maryland would not be a good destination. Passing through has the Federal protection for what it is worth, but not to stop there.

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    Regular Member riverrat10k's Avatar
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    Just did a quick search of the DOT website, could not find anything. Maybe I "misremembered".

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    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by riverrat10k View Post
    Just did a quick search of the DOT website, could not find anything. Maybe I "misremembered".
    See the Firearm Owner's Protection Act

    Roscoe

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    Regular Member riverrat10k's Avatar
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    Thanks Roscoe.

    Re-reading that made me remember where I heard the mis-information. A guy I know who has a small heating oil delivery company told me he could not carry while delivering oil. Don't know why I gave him credence; he is nuttier than a chipmunk.

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    Regular Member scouser's Avatar
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    The problem is crossing State lines when you don't have a permit for the State you enter. If you are legal to carry in the State you are in then you are legal to carry. Employers may have a policy restricting a driver from carrying, just like any employee of any company can be restricted while at work. But the fact is I was in VA, with a VA licence and I have a VA CHP. However, I won't say what I was hauling, where I picked it up from, nor where I was taking it.

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    Regular Member riverrat10k's Avatar
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    Right scouser. Nuff said.

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    Accomplished Advocate user's Avatar
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    Peter Nap's answer was accurate, precise and to the point. And if they ask, say, "I prefer not to chat just now, thank you, Officer; am I free to leave?" As with any negotiation situation, you have to be ready to call their bluff.

    With respect to the later accretions, I'd add that, when passing through a state hostile to your right to defend yourself, Maryland being a glaring example, you must secure the firearm unloaded inside a container. A lock on the container would be a good idea for purely defensive legal reasons involving the requirement of a search warrant. I've heard, however, that Maryland treats the Firearm Owners' Protection Act as an "affirmative defense", which means they may still arrest you and make you stand trial, even though they know you have a good defense. Second point is that the phrase, "passing through" is critical. Bathroom and similar incidental stops (food, gas) are ok, but overnight lodging, stopping for business reasons (e.g., to drop off that load of frozen shrimp) or sightseeing within the state is not - that's going to a destination within the state and you lose the protection of the federal statute when you do that.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member TFred's Avatar
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    I wonder how many truckers refuse to make pick-ups or deliveries in Maryland?

    TFred

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by TFred View Post
    I wonder how many truckers refuse to make pick-ups or deliveries in Maryland?

    TFred
    Now, there's a good question. I, myself, do not travel North of the Great Water unless absolutely necessary. Nor generally West of the Ohio. But in any case, here's my list of states I prefer to stay out of: Hawaii, California, Illinois, Wisconsin, Massachussetts, New York, New Jersey, Delaware, Connecticut, Maryland, and the Eastern part of Pennsylvania. I think I'm forgetting someone, but I can't remember. I pretty much even avoid doing business with anyone in any of those states, since it's possible to have to go there to resolve legal problems should they arise.

    And I'd be a lot happier if I could get to South Carolina without having to go through North Carolina.

    Except for the continued resentment over Virginia's having sued West Virginia for the cost of the Northwestern Virginia Turnpike (later, Route 50) and won in the U.S. Sup. Ct., the former Western counties and the rest of Virginia get along just fine, particularly where guns are concerned. The rules are very similar, even as to things like hunting regulation. I regard Virginia (including the former Western counties) and South Carolina as the last bastions of civilization on Earth. I wonder how long it'll last.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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