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Legally carrying yet arrested anyway

FormerNY'er

New member
Joined
Jan 26, 2012
Messages
7
Location
Northern Virginia
Virginia Law, Section 18.2-308B10, allows a person to carry a gun in the glove compartment of his/her vehicle WITHOUT the need for a concealed carry permit. This law took effect July 1, 2010; prior to that, one had to keep the gun in plain sight in a vehicle, e.g. on the seat or dashboard. The author of the law said the unambiguous intent of the state legislators, and of Gov. McDonnell, was to allow the transit of a pistol in an unlocked glove compartment. Twice the governor sent the law back for modification after Democrats tried to change the law to require the glove compartment to be locked.

My son was arrested in October 2011 for carrying his legally owned pistol in the unlocked glove compartment of his car. To add insult to injury, his car was impounded...costing him over $300 to get it released..., he was held in handcuffs for around 2 hours, and, of course, his gun was confiscated. We hired a very good attorney who got the Loudoun County Commonwealth Attorney to decide to nolle pros the case. Not good enough.

My son did not break the law, the arrest has not been expunged from his record, and he is out over $2300 to say nothing of the tremendous embarrassment, bother, loss of work, missed school, etc. that this has caused...for NOT breaking Virginia Law. This incident occurred not 20 miles from NRA headquarters in Fairfax, VA, to boot. Therefore, we want to sue Loudoun County to get his name cleared (expungement of the charges), to get attorney and impound fees refunded, to get a damages award (how else will government agencies learn), to get an apology from the arresting officer, and to get the Loudoun County Sheriff's Department to issue a statement stating it will provide training for its officers so they do not falsely arrest citizens for carrying weapons in unlocked glove compartments.

Any ideas on where I can get pro bono or contingency representation? This kind of flouting of the law must be stopped. If something as obvious as this is allowed to continue, why bother having organizations defending the rights of citizens to legally carry a weapon?
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Virginia Law 15.2-915C Provides Remedies for Action taken in Bad Faith which are in Conflict with The Laws of The Commonwealth of Virginia Concerning Firearm-related Matters.

Loudon County Sheriffs' Office CANNOT Regulate in Firearm Matters any more Stringent than what is Provided for under Virginia Commonwealth Law.
 
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since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
Virginia Law, Section 18.2-308B10, allows a person to carry a gun in the glove compartment...

This is an abomination of the U.S. Constitution and the Virginia State Legislature.

Here in Colorado, I carry my firearm on my hip every where I go. I did NOT spend my life protecting and defending the Constitution of the United States of America only to see our legislatures watering away the rights I fought for, and for which four of my friends died.

Colorado legislatures. Call me. I'm keeping a record. Those who don't call me, don't wan't to know. Do you REALLY think these 'erks have either a clue as to what's really going on or what needs to happen from here on out?

PPbbss!

Colorado, it's time we re-group. Let's get with it, and support what we're really all about.
 

lysander6

Regular Member
Joined
Oct 14, 2009
Messages
74
Location
AZ
Go get them, your efforts will save future gun owners from this kind of legal malfeasance. Cops do not know the law.
 

JesterP99

Regular Member
Joined
Dec 31, 2011
Messages
172
Location
Richmond, Va
I am sorry this happened to your son, I would say that this is one of the OCer's biggest fears while dealing with LEOs and their rights to carry.

Keep us updated on what happens. I would like to see this turn out in your favor. Hopefully it won't take too long to get a judgement and ruling on this case. Just let us know.
 

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
I do have a question about how this happened......................

How did the officer gain access to the glove compartment? Did the driver waive his rights and allow a warrantless search, or was there an arrest made before they searched the vehicle?
 

FormerNY'er

New member
Joined
Jan 26, 2012
Messages
7
Location
Northern Virginia
Go get them, your efforts will save future gun owners from this kind of legal malfeasance. Cops do not know the law.
Often times they are bullies with a badge. I harbor no disrespect for police (I was in federal law enforcement for 20 years) but they are people that don't always know the law. I hope to set Loudoun County straight so no more law abiding citizens are falsely arrested for having a legal weapon in their vehicles.
 

FormerNY'er

New member
Joined
Jan 26, 2012
Messages
7
Location
Northern Virginia
I am sorry this happened to your son, I would say that this is one of the OCer's biggest fears while dealing with LEOs and their rights to carry.

Keep us updated on what happens. I would like to see this turn out in your favor. Hopefully it won't take too long to get a judgement and ruling on this case. Just let us know.
I have been advised by my son's excellent lawyer to wait until the nolle pros cannot be revoked (mid October) but I want to get this thing moving so that one second after that, we drop a suit on the police agency. I would be glad to keep you updated but can't guarantee that I'll remember to do so through this forum. If you have an address, website, email, phone#, whatever I will keep you posted.
 

MPGSr

New member
Joined
Jan 31, 2012
Messages
8
Location
Southern N.J.
I respect the job LEO's do, but one needs to worry about being falsely arrested, accused, or convicted. If you don't have the funds to hire top notch legal representation you are screwed. read about it all the time, I can't figure out why it needs to cost anything to clear your name when you've been falsely arrested. :question:
 

FormerNY'er

New member
Joined
Jan 26, 2012
Messages
7
Location
Northern Virginia
How did the officer gain access to the glove compartment? Did the driver waive his rights and allow a warrantless search, or was there an arrest made before they searched the vehicle?
He is inexperienced in dealing with cops. The officer was looking for drugs because he had worked a long day and his eyes were red. When her badgering didn't produce the intended effect, i.e. drugs in the car, she asked "You don't have anything you shouldn't in there [his car] do you?" To which he responded "No, you can check." Of course, this is the folly of youth but he knew he had nothing illegal so, he figured, why not cooperate with the cop? He has learned his lesson.
 

FormerNY'er

New member
Joined
Jan 26, 2012
Messages
7
Location
Northern Virginia
Why did the officer find the gun in the first place? Simple traffic stop doesn't give PC to search.
The officer was looking for drugs because my son had worked a long day and his eyes were red. When her badgering didn't produce drugs in the car, she asked "You don't have anything you shouldn't in there [his car] do you?" To which he responded "No, you can check." He knew he had nothing illegal so why not cooperate with the cop? He has learned his lesson.
 

XD9mmFMJ

Regular Member
Joined
Feb 2, 2012
Messages
82
Location
Florida
He is inexperienced in dealing with cops. The officer was looking for drugs because he had worked a long day and his eyes were red. When her badgering didn't produce the intended effect, i.e. drugs in the car, she asked "You don't have anything you shouldn't in there [his car] do you?" To which he responded "No, you can check." Of course, this is the folly of youth but he knew he had nothing illegal so, he figured, why not cooperate with the cop? He has learned his lesson.

This is a product of a lifetime of brainwashing and conditioning. He did exactly as he was programmed to do, and the police know the programming, so they have no problem coercing the unwitting into giving up their rights. The officer is a criminal thug guilty of treason. This is the only way to see someone who actively attacks your freedom and looks for ways to circumvent it, as an incorrigible invader. If people took this perspective more often, we wouldn't be where we are today.

That said, you DO have recourse even without an attorney. You will have to do your homework, but someone already posted this: "Virginia Law 15.2-915C Provides Remedies for Action taken in Bad Faith which are in Conflict with The Laws of The Commonwealth of Virginia Concerning Firearm-related Matters". What this means is you don't need an attorney (you actually never do if you comprehend the system) but instead you need to learn how the law really works. You have the LAWFUL right to pursue this matter, WITHOUT an attorney. I can't give you the proper advice regarding your state, but they have to provide you access to the courts, and as stated above, a method to remedy the situation. This is a common law matter, not a matter of legal statute, but you have a statute to back you up.

See this page right here. http://webdev.courts.state.va.us/cgi-bin/DJIT/ef_djs_ccfees_calc.cgi Also, your clerk of courts has to help you (they are public servants) with any of your filing needs. You have to remember that WE THE PEOPLE are the power in this country. NOT the judges, the lawyers, the courts, or anything else. WE are the sovereigns, and THEY are dispatched to uphold their duties by US. Man was created by the creator. Government was created by man. We are it's master. Learn up on common law, admiralty and maritime law, and you will see that YOU do still have the power, unless you give it away.

If all that is too much for you, go hire an attorney, but don't expect them to always have your interests in mind. Try the one being recommended here, but remember they are subservient to the system, not to you....even when you pay them.
 
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