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

TFred · Sep 2, 2011

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::

JamesCanby · Sep 2, 2011

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...

Walt_Kowalski · Sep 2, 2011

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.

TFred · Sep 2, 2011

I doubt the charge was specific to "concealed".

TFred

JamesCanby · Sep 2, 2011

TFred said:
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.

Repeater · Sep 2, 2011

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?

skidmark · Sep 2, 2011

Repeater said:
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.

Grapeshot · Sep 2, 2011

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.

TFred · Sep 2, 2011

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

thebigsd · Sep 2, 2011

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?

hgreen · Sep 2, 2011

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.

peter nap · Sep 2, 2011

Is it a felony in Md.?

Blk97F150 · Sep 2, 2011

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?

peter nap · Sep 2, 2011

Blk97F150 said:
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.

Blk97F150 · Sep 2, 2011

peter nap said:
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!

fizzer · Sep 2, 2011

Maybe he was arrested for carrying a Hi Point?

ProShooter · Sep 2, 2011

skidmark said:
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.

peter nap · Sep 2, 2011

ProShooter said:
This.

Well said, Skid.

Still wondering if it's a felony?????????
Anyone know?

ProShooter · Sep 2, 2011

peter nap said:
Still wondering if it's a felony?????????
Anyone know?

I wouldn't think so, but I can't speak to Maryland law.

thebigsd · Sep 2, 2011

peter nap said:
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

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

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