Results 1 to 8 of 8

Thread: SB 460 - Could this proposed statute be MISused against OC?

  1. #1
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519

    SB 460 - Could this proposed statute be MISused against OC?

    Could there be a potential for misuse? Any cause for concern?

    Patron is Senator Black:

    Immigration query at arrest or during detention.
    Provides that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.
    That summary seems okay, if you are against illegal aliens, but the text of the bill states:
    When a law-enforcement officer lawfully detains, but does not arrest, a person following a lawful stop or detention of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity, the officer shall inquire, during the detention, as to whether the person (i) was born in a country other than the United States, (ii) is a citizen of a country other than the United States, and (iii) is in the country lawfully, unless to do so would hinder or obstruct an investigation. If based upon the person's responses, the officer has reasonable suspicion to believe the person is or remains in the United States unlawfully, he shall, when practicable, make an Immigration Alien Query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement (ICE) to verify the person's lawful presence in the United States.
    What if you open-carry, and the LEO doesn't like your answer? Or, you don't answer at all?

    Your Papers, Please?

  2. #2
    Regular Member SouthernBoy's Avatar
    Join Date
    May 2007
    Location
    Western Prince William County, Virginia, USA
    Posts
    5,849
    I don't like the idea of illegal aliens invading my country and lose no sleep over their quick deportation. But I also see your point and that can lead to things just as scary. There is an inexpensive and rather easy fix to a large part of the illegal invasion problem. But that is fuel for another thread.

    No easy answers with what you have posted.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

  3. #3
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by SouthernBoy View Post
    I don't like the idea of illegal aliens invading my country and lose no sleep over their quick deportation. But I also see your point and that can lead to things just as scary. There is an inexpensive and rather easy fix to a large part of the illegal invasion problem. But that is fuel for another thread.

    No easy answers with what you have posted.
    That's easy. Just add that it only applies to Mexicans!

  4. #4
    Regular Member scouser's Avatar
    Join Date
    Apr 2011
    Location
    VA
    Posts
    1,233
    An illegal shouldn't be carrying anyway. They certainly can't buy a firearm from a dealer in VA.

    Some US Citizens have had their say here in this thread, how about an alien adding his viewpoint?

    I was born in a country other than the US, I'm a citizen of another country than the US and I'm here legally with the right to live and work in this country. Getting here cost me a lot of time, involved a lot of paperwork and cost a sum of money that I could have put to good use doing something else. I pay taxes the same as you. Illegals haven't gone through that process. I personally have no sympathy for them.

  5. #5
    Founder's Club Member
    Join Date
    Jun 2008
    Location
    Lynchburg, Virginia, USA
    Posts
    2,201
    This is essentially a duplicate discussion of the topic in this thread I believe: http://forum.opencarry.org/forums/sh...papers-achtung
    Last edited by jmelvin; 01-13-2012 at 06:16 PM.

  6. #6
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519
    Quote Originally Posted by jmelvin View Post
    This is essentially a duplicate discussion of the topic in this thread I believe: http://forum.opencarry.org/forums/sh...papers-achtung
    I realize now that the language is identical. Now I wonder if these bills were requested by the AG's office?

  7. #7
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961
    Quote Originally Posted by Repeater View Post
    I realize now that the language is identical. Now I wonder if these bills were requested by the AG's office?
    Be very wary of anything requested by the cooch.

    I oppose any and all efforts to coopt our peace officers by giving them any authority to enforce federal laws. Let the feds do it. Do not allow our peace officers to sully their hands with federal issues. Most LEO have a hard enough time understanding Commonwealth laws, don't make it even harder for them.
    Last edited by Thundar; 01-14-2012 at 03:14 PM.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  8. #8
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Quote Originally Posted by scouser View Post
    An illegal shouldn't be carrying anyway. They certainly can't buy a firearm from a dealer in VA.

    Some US Citizens have had their say here in this thread, how about an alien adding his viewpoint?

    I was born in a country other than the US, I'm a citizen of another country than the US and I'm here legally with the right to live and work in this country. Getting here cost me a lot of time, involved a lot of paperwork and cost a sum of money that I could have put to good use doing something else. I pay taxes the same as you. Illegals haven't gone through that process. I personally have no sympathy for them.
    Here here! Well said, and glad to have you with us. I always wondered why legal persons weren't more vocal about the issue, you are honestly the first I have heard.

    Quote Originally Posted by Thundar View Post
    Be very wary of anything requested by the cooch.

    I oppose any and all efforts to coopt our peace officers by giving them any authority to enforce federal laws. Let the feds do it. Do not allow our peace officers to sully their hands with federal issues. Most LEO have a hard enough time understanding Commonwealth laws, don't make it even harder for them.
    And... Here here!

    Also, this is very similar to the Arizona law... Isn't Eric Holder sueing AZ for that? Of course... Should he not then also sue for all of the states copying federal laws for drugs? He should be consistent in all things right?



    Sent using tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •