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Handcuffed and ejected from Festival in the Park

nuc65

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I read the AG opinion and quite frankly, it is very thorough in explaining a situation such as this. However, if the private company so desires to ban firearms at their event, then they too must comply with the law and notify the event participants of this regulation at the entrance or on the website. I personally don't open carry and it is a choice. Out of sight, out of mind. :)

Interesting, this is an open carry forum so the discussion centers around abrogation/violation of constitutional rights of someone who chooses to open carry (OC).
 

wylde007

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However, based on the private security officer's (supposed) claim that the OP had entered the grounds wth a now-concealed firearm after having been ejected for carrying openly, the cop may have has RAS to detain and thus authority to do a Terry search.
I still don't see a crime being committed.

Being ejected from a public event for open carry, having the responding officer affirm that open carry is not prohibited and then ARRESTING AND SEARCHING the individual is an unlawful seizure. Concealed carry is not a crime - and HANDCUFFING a citizen on such suspicion is disgraceful.
 

peter nap

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Interesting, this is an open carry forum so the discussion centers around abrogation/violation of constitutional rights of someone who chooses to open carry (OC).

I noticed that too Nuc! I recall the same thing coming out of another poster with very few posts from Hampton. Ignore him...for a while anyway:uhoh:
 

sidestreet

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My thoughts also, Jonesy...,

There seem to be several conclusions in this thread that the cops being told that the OP perhaps returned carrying concealed would give the cops RAS. I think this is incorrect. Even if they knew he was carrying concealed that would not seem to give RAS of a crime, but would instead allow them to ask to see his permit.

Now we don't know what security told the cops, they may have asserted things that would give RAS, but I do not think asserting he is or may be carrying concealed is sufficient for RAS allowing for a lawful detention.

because as of right now, do we really know total sum of communications between so called "security" and the first police officer on the scene, and everyone else in-between? That might be an interesting piece of info to have. Not saying that any of it is justifiable, but I've been to too many mountains made out of molehills, and learned not to get too excited until I see or hear for myself, something to actually get excited about.

Absolutely get knowledgeable about the qualifications of these security "guards", because now matter what, no one evenly remotely connected with or may happen to fall under the domain of DCJS (Department of Criminal Justice Services for those who aren't familiar) wants their involvement. The vast majority of the time, nothing good will ever come from it. It's a government agency, it' like breeding elephants, usually done in high places, not accomplished without lots of groaning, bellowing, pushing and shoving, and usually takes a good long time for results.

These were "guards", it would be interesting to see if they had the necessary credentials to be legitimate Security Officers, because if they did, then it wouldn't only be interesting, it would also be a shame.

If they weren't, POUND them, OWN them, and the people that employed them.

sidestreet

Jeremiah 29 vs 11-13

we are not equal, we will never be equal, but we must be relentless.
 
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peter nap

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Sound, level headed advice from Side Street...as usual!

A little left of topic, but I've found it odd that the people who promote the Highland Games and Scottish Festivals seem to have lost their roots.

The games were started as covert ways to train for combat since such training was illegal.

I also find it strange that swords, dirks, knives of every description and nearly every other weapon aside from firearms are not only allowed, but sold on the grounds.

I haven't tried it but I think I'll make an authentic Flintlock pistol to cart around the next Festival. I'll bet no one says a thing.
 
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sidestreet

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Dang Peter...,

Sound, level headed advice from Side Street...as usual!

A little left of topic, but I've found it odd that the people who promote the Highland Games and Scottish Festivals seem to have lost their roots.

The games were started as covert ways to train for combat since such training was illegal.

I also find it strange that swords, dirks, knives of every description and nearly every other weapon aside from firearms are not only allowed, but sold on the grounds.

I haven't tried it but I think I'll make an authentic Flintlock pistol to cart around the next Festival. I'll bet no one says a thing.

I've been wanting to go to that event for some time now. If you really want to do that, I'll try to make arrangements. I've got a cousin that makes swords and often attends those affairs doing exactly what you've described here. I'm a fair witness and can be "a friend indeed to a friend in need", and I also have one of those "magical memory devices" that good and wise friend gave me!!!

Sorry, I know, OT again, :( :)

sidestreet

Jeremiah 29 vs. 11-13

we are not equal, we will never be equal, but we must be relentless.
 

peter nap

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I've been wanting to go to that event for some time now. If you really want to do that, I'll try to make arrangements. I've got a cousin that makes swords and often attends those affairs doing exactly what you've described here. I'm a fair witness and can be "a friend indeed to a friend in need", and I also have one of those "magical memory devices" that good and wise friend gave me!!!

Sorry, I know, OT again, :( :)

sidestreet

Jeremiah 29 vs. 11-13

we are not equal, we will never be equal, but we must be relentless.

I think that's at the end of October Sidestreet.

I'm pretty sure I have a .54 barrel that I fitted with a breechplug and I should have a suitable small lock.
I'll try to get time to build something before then. This the busy season though (Deer season starts Saturday)

I can put my new cannon on hold for a while.
 
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mschend

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Event confusion?

Sound, level headed advice from Side Street...as usual!

A little left of topic, but I've found it odd that the people who promote the Highland Games and Scottish Festivals seem to have lost their roots.

The games were started as covert ways to train for combat since such training was illegal.

I also find it strange that swords, dirks, knives of every description and nearly every other weapon aside from firearms are not only allowed, but sold on the grounds.

I haven't tried it but I think I'll make an authentic Flintlock pistol to cart around the next Festival. I'll bet no one says a thing.

Peter, was this reply more of a follow up to this thread? http://forum.opencarry.org/forums/showthread.php?94704-OC-Incident-at-Scottish-Festival

Similar circumstances it seems however.
 

Skeptic

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Amazing restraint and discipline , gathering all this info and getting your ducks in a row before sounding off on this. Impressive.. I think I would have been so hopping mad.. well I don't like to speculate out of hand on something like this. Lets just say I could only hope to show as much restraint and not shoot my mouth off. :banana:
 

sparkman2

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Interesting, this is an open carry forum so the discussion centers around abrogation/violation of constitutional rights of someone who chooses to open carry (OC).

So your saying because I happened to find the AG opinion on this interesting that I can't join the discussion on this topic? I am a firm believer in a person right to OC and will defend that right as needed. Just because I choose to CC that is my choice, which by the way is the same choice people make when they choose to OC, doesn't mean I won't open carry. I have opened carried numerous times, but I choose when and where I open carry. Just because I can doesn't mean I have to.
 

sparkman2

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I noticed that too Nuc! I recall the same thing coming out of another poster with very few posts from Hampton. Ignore him...for a while anyway:uhoh:
I thought this was an open forum to discuss OC. My post had to deal with OC. I happened to find the AG opinion interesting and was very informative. Something the we as the public need to do so we can educate ourselves so we can keep ourselves out of these types of situations and avoid any unnecessary confrontation. When we are caught up in a situation like this, the public only sees the guy in handcuffs and figures that he did something wrong so he deserves it. They don't see him exercising his Constitutional right because they don't know what going on. I am a strong supporter of 2nd Amendment rights, but to ignore someone in this forum because you don't agree with what they say is basically doing the same thing that we are in this forum fighting for...our rights that are protected under the Constitution. I am not against you. I am standing next to you in this fight, always have been always will be.
 

nuc65

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So your saying because I happened to find the AG opinion on this interesting that I can't join the discussion on this topic? I am a firm believer in a person right to OC and will defend that right as needed. Just because I choose to CC that is my choice, which by the way is the same choice people make when they choose to OC, doesn't mean I won't open carry. I have opened carried numerous times, but I choose when and where I open carry. Just because I can doesn't mean I have to.

Actually, it may have had more to do with the context that it was interpreted in. You seemed to say in my opinion that this could have been avoided had the OP just CC'd then it wouldn't be an issue because he wouldn't have been discovered.

My response is along the lines of while that may be true it isn't really the issue in my opinion. What happened should not have been an issue no matter how he was carrying in my opinion. This forum is valuable in that when someone encounters an anti-OC attitude and event it can be discussed and maybe some action can be taken to correct or help resolve the issue. I said nothing in my opinion to determine how or if you may respond. I only found it interesting that you needed to in my opinion espouse the belief that CC was the way he should have been carrying so that he wouldn't have had an issue. Nothing I said in my opinion made any sort of demand or placed any onus in my opinion on your response.
 

peter nap

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I am not against you. I am standing next to you in this fight, always have been always will be.

Don't get your hackles up Sparkman. I didn't douse you with gas then practice match tossing.

you said:
I personally don't open carry and it is a choice. Out of sight, out of mind.

That can be taken several ways and while you might be standing next to me, I'll keep my hand on my wallet until I see exactly HOW you mean it.
 

Grapeshot

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I thought this was an open forum to discuss OC. My post had to deal with OC. I happened to find the AG opinion interesting and was very informative. Something the we as the public need to do so we can educate ourselves so we can keep ourselves out of these types of situations and avoid any unnecessary confrontation. When we are caught up in a situation like this, the public only sees the guy in handcuffs and figures that he did something wrong so he deserves it. They don't see him exercising his Constitutional right because they don't know what going on. I am a strong supporter of 2nd Amendment rights, but to ignore someone in this forum because you don't agree with what they say is basically doing the same thing that we are in this forum fighting for...our rights that are protected under the Constitution. I am not against you. I am standing next to you in this fight, always have been always will be.

Specifically what we in this forum are fighting for is the right, the choice to open carry our guns as we go about our normal every day lives. All else may be supportive of that position, but is not the primary consideration.
 

sparkman2

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Specifically what we in this forum are fighting for is the right, the choice to open carry our guns as we go about our normal every day lives. All else may be supportive of that position, but is not the primary consideration.
I think what we are all fighting for is not to open carry or conceal carry... but to carry at all. You have to agree that there are elements out there trying to take that right away or restrict it as much as they can. If you take away the right to do one you take away the right to do both.
 

sparkman2

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Don't get your hackles up Sparkman. I didn't douse you with gas then practice match tossing.

you said:


That can be taken several ways and while you might be standing next to me, I'll keep my hand on my wallet until I see exactly HOW you mean it.

Oh I didn't get my "hackles" up and I don't "toss matches". Apparently I was misunderstood by you in my response. Before all this started all I said was that I found the AG opinion interesting in regards that it answered a question to a situation similar to what the OP had encountered. I also said that the event holder should comply with the laws just as we are require to do the same.

"That can be taken several ways and while you might be standing next to me, I'll keep my hand on my wallet until I see exactly HOW you mean it." All these people including myself are standing next to you fighting for the same cause...and all you are concerned about is keeping your hand on your wallet. That's funny. Maybe I'll just stand a few people down from you so you can feel comfortable.
 

sparkman2

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Actually, it may have had more to do with the context that it was interpreted in. You seemed to say in my opinion that this could have been avoided had the OP just CC'd then it wouldn't be an issue because he wouldn't have been discovered.

My response is along the lines of while that may be true it isn't really the issue in my opinion. What happened should not have been an issue no matter how he was carrying in my opinion. This forum is valuable in that when someone encounters an anti-OC attitude and event it can be discussed and maybe some action can be taken to correct or help resolve the issue. I said nothing in my opinion to determine how or if you may respond. I only found it interesting that you needed to in my opinion espouse the belief that CC was the way he should have been carrying so that he wouldn't have had an issue. Nothing I said in my opinion made any sort of demand or placed any onus in my opinion on your response.

First of all I think your "in my opinion" key is stuck on your computer and you might want to get that checked out. I apologize for misunderstanding your response as you misunderstood mine. If we go back to the beginning all I said was that I found the AG opinion interesting in regards that it answered a question to a situation similar to what the OP had encountered. I also said that the event holder should comply with the laws just as we are require to do the same. A person who CC or OC makes that choice and in doing so is responsible for knowing what, when, and how they can carry their weapon. If we have a better understanding of what the laws are, then we can avoid being caught up in situations such as the OP experienced. Do you think that the OP would have carried had he known that firearms weren't allowed at the event? I think not. I wouldn't have. Of course I'm just saying that..."in my opinion".
 
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