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Thread: WTOP Report: Virginia CHP-holder arrested in Frederick, Md

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    Regular Member TFred's Avatar
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    WTOP Report: Virginia CHP-holder arrested in Frederick, Md

    Not sure why someone would open carry in Maryland when they admit knowing the law... unless it's someone intentionally wanting to be "that test case...?"

    Report states that the carrier "was arrested immediately at the discretion of the deputy."

    TFred

    Audio report here:

    Carrying a gun across state lines is a tricky business

    ETA: I guess that cop can be proud for his good day's work... I wonder what he'll tell his son when he asks "did you get any bad guys today, dad?" ::SMH::
    Last edited by TFred; 09-02-2011 at 02:10 PM.

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    Activist Member JamesCanby's Avatar
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    There they go again... he was arrested for carrying a "concealed" weapon ... which the deputy observed and recognized as a handgun because it was "hanging out of his waistband."

    This guy seems must be wanting to test the constitutionality of the Maryland law ... no other explanation makes sense, given that he said he "knew" the Maryland law...

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    Regular Member Walt_Kowalski's Avatar
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    Thumbs down

    The better question is, How does that Deputy sleep at night, knowing every time he enforces that Maryland law, he violates the Constitution that he swore to uphold.

    For shame.
    Last edited by Walt_Kowalski; 09-02-2011 at 02:34 PM.
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    Regular Member TFred's Avatar
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    I doubt the charge was specific to "concealed".

    TFred

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by TFred View Post
    I doubt the charge was specific to "concealed".

    TFred
    You're right ... although the reporter specifically says that the man's "mistake" was "carrying a concealed weapon in Maryland," we do not know what the actual arrest documents specified. It will be interesting to see those documents and to hear from the man why he specifically put himself at risk of arrest.

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    Regular Member Repeater's Avatar
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    From the Frederick News Post: Virginia man charged with handgun violations

    Virginia man charged with handgun violations
    A Virginia man was charged with handgun violations early Saturday after being spotted by a deputy at a local gas station, according to the Frederick County Sheriff’s Office.

    Tony M. Anderson, 25, of Virginia Beach, Va., was at the gas pumps at Sheetz on Buckeystown Pike at about 1:15 a.m. Saturday when he was spotted by Deputy First Class Andrew Crone. Anderson appeared to have a weapon hanging off the right side of his waistband.

    Through investigation, the weapon was determined to be a loaded handgun, a Highpoint .380 caliber. Anderson possesses a State of Virginia Concealed Handgun permit, but he is not authorized to carry a concealed handgun in Maryland, the sheriff’s office said.

    The handgun was seized as evidence and Anderson was charged with wearing and carrying a handgun on his person and in a vehicle.
    Notes:
    • He's from Virginia Beach and was victimized in Maryland. This is unacceptable.
    • He was simply pumping gas. Sometimes, crimes happen while you 'fill er up.' He was defending himself.
    • He has a Virginia CHP, but ...
    • His firearm was "hanging off his right side." That implies OC. Ne need for a permit to do that.
    • Yet, in Maryland, you have to grovel to do anything.
    • His lawful property was stolen.

    What to do?

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Repeater View Post
    Virginia man charged with handgun violations


    Notes:
    • He's from Virginia Beach and was victimized in Maryland. This is unacceptable. Where he's from has nothing to do with it. He was not "victimized, he was arrested for violating Maryland law, which he admits he knew he was doing.
    • He was simply pumping gas. Sometimes, crimes happen while you 'fill er up.' He was defending himself. No, he was violating Maryland law. He admits he knew what the law was, which means he knew he was violating the law.
    • He has a Virginia CHP, but ... But he admits he knew his Virginia CHP was worthless in Maryland.
    • His firearm was "hanging off his right side." That implies OC. Ne need for a permit to do that. Please provide a citation that supports that under Maryland law.
    • Yet, in Maryland, you have to grovel to do anything. Are you sure you want to go there (meaning the groveling)?
    • His lawful property was stolen. No, evidence of his violation of Maryland law was seized and confiscated.
    What to do?
    I'd start by saying, obey the law.

    Then, most likely, follow up by saying, support the folks in Maryland who are working to get the laws changed.

    This "what they did was illegal/unconstitutional" stuff gets old pretty fast. Especially when the "victim" admits they knew what the laws in Maryland were, thus admitting they violated Maryland law.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Moderator / Administrator Grapeshot's Avatar
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    Have not a clue what this man may have been thinking or NOT thinking, but I fear this will be a very expensive faux pas - very expensive.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member TFred's Avatar
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    Intended to be, or not, in light of Heller and especially McDonald, if he has a clean record, and was simply being a law-abiding citizen, it may very well be a good case to push until Maryland breaks. I don't think anyone on either side of the fence has any doubts that Maryland will eventually break, it's just a matter of the right case and the funds to do so.

    We should probably be asking these questions of local (Maryland) versions of VCDL, etc.

    TFred

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    Founder's Club Member thebigsd's Avatar
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    I hope that if he goes the route of becoming a test case that he is successful. On the other hand he was pretty foolish to break the law in the first place. Either way it is going to cost him a lot of time and money. It would be interesting to know what he was thinking. Who knows, maybe he's a forum member an he'll post his story in a couple of days....

    Does Maryland have a group similar to VCDL?
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member hgreen's Avatar
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    One does not have to be arrested to bring a federal law suit challenging an unconstitutional law.... So going that route (if indeed that's what they were thinking) only puts the defendant in a much more dire position.

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    Accomplished Advocate peter nap's Avatar
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    Is it a felony in Md.?

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    Isn't Maryland a 'licensed open carry' state? If so, I wonder what the RAS for the stop was?

    Maybe the officer saw the Virginia license plates on the vehicle and assumed the man wasn't a law abiding Maryland permit holder?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Isn't Maryland a 'licensed open carry' state? If so, I wonder what the RAS for the stop was?

    Maybe the officer saw the Virginia license plates on the vehicle and assumed the man wasn't a law abiding Maryland permit holder?
    As scarce as permits are there, I expect they swoop down on every gun they see.

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    Quote Originally Posted by peter nap View Post
    As scarce as permits are there, I expect they swoop down on every gun they see.
    I agree that they probably do..... but I'm not sure that just OC'ing by itself meets the criteria for RAS. Perhaps in MD.... they do have thier own 'unique' way of doing things there!

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    Red face

    Maybe he was arrested for carrying a Hi Point?

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by skidmark View Post
    I'd start by saying, obey the law.

    Then, most likely, follow up by saying, support the folks in Maryland who are working to get the laws changed.

    This "what they did was illegal/unconstitutional" stuff gets old pretty fast. Especially when the "victim" admits they knew what the laws in Maryland were, thus admitting they violated Maryland law.

    stay safe.
    This.

    Well said, Skid.
    James Reynolds

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ProShooter View Post
    This.

    Well said, Skid.
    Still wondering if it's a felony?????????
    Anyone know?

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by peter nap View Post
    Still wondering if it's a felony?????????
    Anyone know?
    I wouldn't think so, but I can't speak to Maryland law.
    James Reynolds

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    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by peter nap View Post
    Still wondering if it's a felony?????????
    Anyone know?
    " (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection."

    Maryland Code 4-203
    Last edited by thebigsd; 09-02-2011 at 09:39 PM.
    "When seconds count between living or dying, the police are only minutes away."

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    Accomplished Advocate peter nap's Avatar
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    Thanks!

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    Regular Member TFred's Avatar
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    Quote Originally Posted by thebigsd View Post
    " (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection."

    Maryland Code 4-203
    And for those of us without LexisNexis subscriptions.

    TFred

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    Quote Originally Posted by fizzer View Post
    Maybe he was arrested for carrying a Hi Point?
    For real....who carries Hi Points (other than thugs in DC)?

  24. #24
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by hunter45 View Post
    For real....who carries Hi Points (other than thugs in DC)?
    Oh Boy...I've seen this dust storm before.
    I don't own one, don't want one but they shoot fairly well and are inexpensive.
    There are members here that can't afford anything else and a Hi Point in the holster is better than air.

    Someone said to me the other day they couldn't get expensive guns like I have...everything is relative because the most expensive gun I own was only a couple of thousand. I know some people that pay that for a barrel.

    But if a High Point was all I had, I wouldn't feel especially undergunned.

    I know people who only own a single barrel shotgun but will kill as much or more than I will this year.

    There are a lot of reasons to ridicule some people that own a gun. Carrying what they can afford shouldn't be one of them.
    Last edited by peter nap; 09-02-2011 at 10:45 PM.

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    Quote Originally Posted by peter nap View Post
    Oh Boy...I've seen this dust storm before.
    I don't own one, don't want one but they shoot fairly well and are inexpensive.
    There are members here that can't afford anything else and a Hi Point in the holster is better than air.

    Someone said to me the other day they couldn't get expensive guns like I have...everything is relative because the most expensive gun I own was only a couple of thousand. I know some people that pay that for a barrel.

    But if a High Point was all I had, I wouldn't feel especially undergunned.

    I know people who only own a single barrel shotgun but will kill as much or more than I will this year.

    There are a lot of reasons to ridicule some people that own a gun. Carrying what they can afford shouldn't be one of them.
    This guy doesn't think that they shoot well - http://www.youtube.com/watch?v=Us7mKJNlm8Y (you gotta watch, it's hilarious). :P

    But seriously, I understand that is all some people can afford, and having a Hi Point is a hell of a lot better than having no firearm at all.

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