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Open Carry Question about open carry cards, pamphlets and va code

Baked on Grease

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So how does that work with preemption? And what if you were out taking a walk and was not carrying any sort of ID? How could they expect you show something you don't have on your person?

Going back to this, the law only states you have to identify yourself, not give identification.

State your name, maybe your address if the law requires, but not an actual id card (outside of driving, which is) different

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MSC 45ACP

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Feds do't enforce local or state laws...

As a former Fed. LEO (Coast Guard), I can say with near-certainty that it does not work the other way...
Fed. LEOs can not enforce state or local laws. When we found a state violation in the course of a boarding, we would contact "locals" if it was "semi-serious".
If it was something minor, we would advise the offender of the state law broken (written warning) and let them go.
Example: When Maryland had a moratorium on Rockfish (Striped Bass) because of their near-extinction due to over-fishing, we would detain the "customer" until state fisheries or local LE could meet us at the pier. Violation of the law was $1,000 per FISH, siezure of the boat and a mandatory minimum jail term. One memorable catch: We were cruising upriver and saw a fishing boat decide on very short notice that it was time to leave the area. We didn't have plans to board them at the time... We were going home for dinner after being out all day harassing the general boating public (note sarcasm here... this wasn't my favorite pastime). They seemed to pull their anchor up in near-record time while the operator 'floored' the throttle so fast, his crew tumbled in a pile in the back of the boat. I was watching them with binoculars at the time and actually laughed out loud (long before the internet was invented, BTW). We changed course a few degrees to follow them and turned on the blue light and sounded the siren. They acted like they hadn't noticed us at all. Gee Wiz... a white 41' Coast Guard boat with twin Cummings 903 cubic-inch Turbo-Diesels coming up on a full power less than 500 yards away is NOT stealthy. After the pair of "crewmen" recovered from their tumble in the scuppers, they opened coolers and started throwing fish like footballs from either side of the boat. Dead fish, like bales of dope, float. After they ran out of room (they went upriver in a 'dead-end' river), they stopped. We put the boarding party aboard and went back to collect fish: 36 Rockfish.
I don't care who you are, THAT's gonna hurt your wallet! We didn't find any federal violations, but knew there was at LEAST $36,000 worth of state laws broken, so we called the locals...
 
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Grapeshot

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Of course one sticky point would be if you were in a city that has a stop and identify law on the books (e.g., Virginia Beach).

Cite please on Virginia Beach stop & ID ordinance.

It's the same cite that I provided to you when you asked here:
http://forum.opencarry.org/forums/s...t-is-correct&p=1541641&viewfull=1#post1541641

Sec. 23-7.1. Providing identification to police officer.
It shall be unlawful and a Class 1 misdemeanor for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, or to provide false information in response to such a request, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification.

And that's a 1985 ordinance, confirmed still listed in Municode now. I have wondered a 100 times why it has never been challenged. And other "reasonable man" things have been tossed (such as the noise ordinances for the same reason -- no measurable test for that I think). As this was being discussed in the above thread, it was also (I thought) being added to the code tracker as there were other cities that had similar ordinances (still).

A cite on a previously non-referenced thread does not relieve one of the necessity/responsibilty to supply it again - unless such cite is so well known as to be common knowledge - this one is not.

The problem IMO is that you call this ordinance a "sticky point" which I do not see at all - there is nothing unusual in it. Response is simple: give your name (first only?) and county of residence once and keep on truckin'. Absenting any RAS there is no reason to detain you. So where is this "sticky point" to which you alledge?
 

TFred

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Most historic town in, Virginia, USA
As a former Fed. LEO (Coast Guard), I can say with near-certainty that it does not work the other way...
Fed. LEOs can not enforce state or local laws. When we found a state violation in the course of a boarding, we would contact "locals" if it was "semi-serious".
If it was something minor, we would advise the offender of the state law broken (written warning) and let them go.
Example: When Maryland had a moratorium on Rockfish (Striped Bass) because of their near-extinction due to over-fishing, we would detain the "customer" until state fisheries or local LE could meet us at the pier.
Maybe this is a dumb question, but then again...

If you didn't have the authority to charge them on the state violations, what gave you the authority to hold them until the locals showed up? What if they had asked "are we free to go?" at some point during your detention?

TFred
 

Grapeshot

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Maybe this is a dumb question, but then again...

If you didn't have the authority to charge them on the state violations, what gave you the authority to hold them until the locals showed up? What if they had asked "are we free to go?" at some point during your detention?

TFred

Voluntary compliance through intimidation maybe - the one with the bigger stick wins. :lol:
 

Glockster

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Houston
A cite on a previously non-referenced thread does not relieve one of the necessity/responsibilty to supply it again - unless such cite is so well known as to be common knowledge - this one is not.

Seriously - a quick reach down to unbunch the 'ole undies would probably be helpful for you, I think.

I'm not sure why you seem to want to take a condescending/lecturing approach here but my answer didn't say anything about claiming to have a (supposed) "necessity/responsibility" to supply a cite. My answer was to simply state that it was the same one that you and I had discussed earlier. A mention. A reminder. That the point made then is identical to the point raised now.

The problem IMO is that you call this ordinance a "sticky point" which I do not see at all - there is nothing unusual in it. Response is simple: give your name (first only?) and county of residence once and keep on truckin'. Absenting any RAS there is no reason to detain you. So where is this "sticky point" to which you alledge?

I'll expand on that then so that you can better understand my point. A sticky point has nothing to do with there being "nothing unusual in it." The sticky point that I alluded to had to do with the situation described by the OP, "Now this brings me into my next question do I have to show id in VA. If so that answers my question if not what information do I have to give?"

And with regard to that, my point (the sticky point) was that some cities do have a stop and ID law. And while the OP may in fact be under no specific legal obligation (at least as I understand it) to produce an actual ID, they will have to provide the information. And the information that is required is not as you suggest to "give your name (first only?) and county of residence." The law (cited above) requires "name and address" and your first name is clearly only a partial answer as that does nothing to positively identify you, and a county of residence is not an actual "address." So your suggesting that the OP (or anyone) need only give a partial answer and no address seems pretty evasive to me and I'd bet that a LEO would consider that to be the same as "providing false information." Which would then be another sticky point.

A sticky point is defined as a "point, issue or situation that causes or is likely to cause an impasse." (The Free Dictionary)

And in this OP presented situation, the sticky point that I referred to is that most likely the LEO will not be satisfied with an individual simply verbally providing the required by law (local law) information but will instead ask for identification (driver's license, etc.). You can refuse I suppose from what I read of the law, but they can then insist. And that's why it would be a sticky point. The impasse created by refusal to produce identification and the resulting demand to do so. Sticky point.

Additionally, what I can tell you for a fact is that here in VA BH despite the law only requiring someone to identify themselves, I have seen LEO request identification documents (driver's license). I've seen that happen multiple times when I have ridden with LEO, and I've even had it requested of me once related to response to a call for service. To refuse may well be within your rights, but that's probably not something that I want to be arrested for -- an officer's belief that the law requires producing identification rather than providing identification information.

Sticky point.
 

Grapeshot

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Seriously - a quick reach down to unbunch the 'ole undies would probably be helpful for you, I think.
When all else fails, reach for ad hominem.

I'm not sure why you seem to want to take a condescending/lecturing approach here but my answer didn't say anything about claiming to have a (supposed) "necessity/responsibility" to supply a cite. My answer was to simply state that it was the same one that you and I had discussed earlier. A mention. A reminder. That the point made then is identical to the point raised now.
Condescending is not my style, lecturing is when deemed appropriate i.e. law not cited when requested - not everyone read the prior, they should be so privileged also.

I'll expand on that then so that you can better understand my point. A sticky point has nothing to do with there being "nothing unusual in it." The sticky point that I alluded to had to do with the situation described by the OP, "Now this brings me into my next question do I have to show id in VA. If so that answers my question if not what information do I have to give?"
Requirement to show hard copy ID is limited in Virginia, generally to traffic stop and demand to show CHP when carrying concealed

And with regard to that, my point (the sticky point) was that some cities do have a stop and ID law. And while the OP may in fact be under no specific legal obligation (at least as I understand it) to produce an actual ID, they will have to provide the information. And the information that is required is not as you suggest to "give your name (first only?) and county of residence." The law (cited above) requires "name and address" and your first name is clearly only a partial answer as that does nothing to positively identify you, and a county of residence is not an actual "address." So your suggesting that the OP (or anyone) need only give a partial answer and no address seems pretty evasive to me and I'd bet that a LEO would consider that to be the same as "providing false information." Which would then be another sticky point.
There is a distinct difference between being required to produce hard copy ID and giving the information voluntarily, whether in part or in full.

A sticky point is defined as a "point, issue or situation that causes or is likely to cause an impasse." (The Free Dictionary)
That is the point. In order to have an impasse there must be a point of contention, not in agreement.

And in this OP presented situation, the sticky point that I referred to is that most likely the LEO will not be satisfied with an individual simply verbally providing the required by law (local law) information but will instead ask for identification (driver's license, etc.). You can refuse I suppose from what I read of the law, but they can then insist. And that's why it would be a sticky point. The impasse created by refusal to produce identification and the resulting demand to do so. Sticky point.
An officer may "demand" or "insist" and not be satisfied all he/she wishes. That does not make it legal, justifiable or reasonable w/o RAS.

Additionally, what I can tell you for a fact is that here in VA BH despite the law only requiring someone to identify themselves, I have seen LEO request identification documents (driver's license). I've seen that happen multiple times when I have ridden with LEO, and I've even had it requested of me once related to response to a call for service. To refuse may well be within your rights, but that's probably not something that I want to be arrested for -- an officer's belief that the law requires producing identification rather than providing identification information.
You obviously have the option to make your own choices and determinations based on your in depth experience gained through your ride-alongs. Sarcasm intended. The requirement to produce DL had already been addressed as have all other ID demands subject to RAS - even then, when not driving, I submit that most circumstances do NOT compel submitting to demand for hard copy ID or to such specific format as officer may request. I have heard of demand for social security number, place of employment, how long have you lived there - all are for the purpose of confirming who and what you are. All are extra legal and made under color of law.

You may acquiesce to such foolishness, I will not. Some may give limited information as a matter of convenience, but to simply roll over and produce is to become part of the problem, not part of the solution.


Sticky point.

Comments/replies bolded in blue above.

Virginia is NOT a stop and identify state - there is no Code of Virgina statute to that effect.
http://www.pixiq.com/article/are-you-required-to-produce-id-if-a-cop-demands-it

I have and will continue to offer my first name and county of residence in response to capricious demands for ID. No I am not looking to be arrested nor looking for law suits, but will not go quietly into the night either - that IMO is an unreasonable expectation for anyone in authority to anticipate.
http://flexyourrights.org/faq


 

Glockster

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Comments/replies bolded in blue above.

Virginia is NOT a stop and identify state - there is no Code of Virgina statute to that effect.
http://www.pixiq.com/article/are-you-required-to-produce-id-if-a-cop-demands-it

I have and will continue to offer my first name and county of residence in response to capricious demands for ID. No I am not looking to be arrested nor looking for law suits, but will not go quietly into the night either - that IMO is an unreasonable expectation for anyone in authority to anticipate.
http://flexyourrights.org/faq



Good grief. It's not an ad hominem if offered as suggestion that you're over the top and the suggestion is made to get you to see that. But mission failed, obviously.

Lecturing, from your own above statement, would be inappropriate then when it hadn't yet been requested (as was with this case). Your lecturing came after the providing. The lecture was made by you to critique the words that I used to tell you that I had provided it, and was reminding you of it and in the context of the previous discussion.

And the rest of your response (including presumptions about ride alongs and your ad hominem attack on that basis) is pretty much non-responsive. I never said that the law was right, that it was supported, or that anyone was fully and legally required to provide any identification document or any additional information other than what is required. You're making/adding additional arguments as you go along. You asked (challenged) my comment about a "sticky point" (for no apparent reason other than your own personal desire to hold yourself out as whatever it is) and I explained to you why it was exactly that, by definition. Now you're simply introducing new, and not relevant additional arguments.
 

Grapeshot

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Good grief. It's not an ad hominem if offered as suggestion that you're over the top and the suggestion is made to get you to see that. But mission failed, obviously.

Lecturing, from your own above statement, would be inappropriate then when it hadn't yet been requested (as was with this case). Your lecturing came after the providing. The lecture was made by you to critique the words that I used to tell you that I had provided it, and was reminding you of it and in the context of the previous discussion.

And the rest of your response (including presumptions about ride alongs and your ad hominem attack on that basis) is pretty much non-responsive. I never said that the law was right, that it was supported, or that anyone was fully and legally required to provide any identification document or any additional information other than what is required. You're making/adding additional arguments as you go along. You asked (challenged) my comment about a "sticky point" (for no apparent reason other than your own personal desire to hold yourself out as whatever it is) and I explained to you why it was exactly that, by definition. Now you're simply introducing new, and not relevant additional arguments.


Virginia is NOT a stop and identify state - there is no Code of Virgina statute to that effect.
http://www.pixiq.com/article/are-you...cop-demands-it

I have and will continue to offer my first name and county of residence in response to capricious demands for ID. No I am not looking to be arrested nor looking for law suits, but will not go quietly into the night either - that IMO is an unreasonable expectation for anyone in authority to anticipate.
http://flexyourrights.org/faq

Wash, rinse and repeat as required.

All other circulous discussion is off topic at this point.

We return you to the regularly scheduled [strike]broadcast[/strike] thread.
 

Glockster

Regular Member
Joined
Dec 24, 2010
Messages
786
Location
Houston
Virginia is NOT a stop and identify state - there is no Code of Virgina statute to that effect.
http://www.pixiq.com/article/are-you...cop-demands-it

I have and will continue to offer my first name and county of residence in response to capricious demands for ID. No I am not looking to be arrested nor looking for law suits, but will not go quietly into the night either - that IMO is an unreasonable expectation for anyone in authority to anticipate.
http://flexyourrights.org/faq

Wash, rinse and repeat as required.

All other circulous discussion is off topic at this point.

We return you to the regularly scheduled [strike]broadcast[/strike] thread.

I agree that other discussions are off topic, and no problem dropping that as well.

But the point that I was making about the Virginia Beach law (and any other city that also has something similar) is that despite no Virginia Code authorizing it, they do have the law. Which means that you can get in trouble, at least until someone "tests" that with their own arrest and court case and the law gets tossed. And that's all that I was trying to say in answering the OP, that as long as those untested laws still exist, it isn't a simple answer in VA.
 
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