TFred
Regular Member
Interesting... depending on exactly where on Hafford, this could be within the 1000 foot limit of a Federal GFSZ.
TFred
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Disarmed by VA Beach police in front of my own house on 04-26-2011
- Thread starter Hendu024
- Start date
TFred
Hendu024
Regular Member
It is in fact within 1000', and I can't have the defendant FOIA it because he was the one I called on.
coondog22554
Regular Member
Did you make the defendant aware he was within 1000' of a school before you called the cops?
The school can't be seen from that street and it could have been an honest mistake.
carry for myself
Regular Member
i may be looking at the wrong report, i put your street name in and the date you stated. it says "cleared by arrest" and "will prosecute" are they actually charging you with concealing?
grylnsmn
Regular Member
Based on what Hendu has said in this thread, I gather that he called 911 on someone else he saw illegally carrying a firearm concealed (at least I assume that he had some reason to believe it to be illegal for that individual), and that individual is the one who was arrested. Meanwhile, my guess would be that the responding officer(s) disarmed him when they arrived and questioned him about his call, and any further action beyond that is in the hands of him and user.
Hendu024
Regular Member
That's the correct interpretation. He wasn't concealing, he was brandishing. Sorry to keep you guys waiting, paperwork is almost done.
Well, so much for that advice.... LOL!
TFred
Regular Member
I suspect User's advice had more to do with discussing the circumstances around the disarming of Hendu, not the fact that Hendu called the police on someone who was brandishing.
Just a guess.
TFred
You're probably right. I just thought it was a bit funny that it went right from 'can't say anything' to giving out details.
Regardless, I hope it works out ok for the OP.
Guys....He hasn't been charged with a crime or in any danger of it. He felt the call was handled badly. He also has been instructed not to discuss it in public just yet.
I know it's hard but try not to chip information.
Thanks.
All American Nightmare
Regular Member
You might want to hold off on calling IAD on the complaint. There could still be a SLIM chance of getting the info you need.
ProShooter
Regular Member
Well since the proverbial feline has been released from the bag with the details we've seen here so far, I'm going to go out on a limb.
Playing devil's advocate, if I'm the responding officer and I'm going to a MWAG call and 2 guys have guns and one guys says that the other guy brandished his gun, I'm disarming everyone until I figure out exactly what the hell is going on. Maybe the devil's in the details here, but on the face of the info presented, I don't see anything wrong.
Playing devil's advocate, if I'm the responding officer and I'm going to a MWAG call and 2 guys have guns and one guys says that the other guy brandished his gun, I'm disarming everyone until I figure out exactly what the hell is going on. Maybe the devil's in the details here, but on the face of the info presented, I don't see anything wrong.
Hendu024
Regular Member
Here's the report of what happened, complaint and letter will be posted soon
At approximately 4:30 PM on 4/26 I saw a man driving a black pickup truck with a trailer attached to it full of landscaping equipment pass by my residence two times. He was driving slowly and looking around, and it appeared to me he was looking for a specific house. On his third pass he backed into a driveway that was empty. (XXXX Hafford Road). He sat there for approximately 3-7 minutes.
A black Mercedes pulled up in front of that driveway while he was sitting there. I already knew that this car belonged to one of the people living in that residence. I heard him get out of his car and slam the door. About three seconds later I thought I heard the driver of the Mercedes say to the man in the truck, "Get the (expletive) out of my driveway.) I wasn't sure I heard him correctly, but right after he said that, a neighbor directly across the street who was getting out of his car whipped his head around and looked at the altercation with an alarmed look on his face, leading me to believe that I had heard correctly.
Not more than seven to eleven seconds passed and I heard a muffled bang. I thought the driver of the Mercedes kicked the passenger side of the black pickup truck, but I believe he had opened his car door and retrieved his firearm, and then slammed his door again. I do not know what was immediately said right after I heard the bang, but right after that, I saw the resident of the house walk to the rear of the pickup truck with a silver or two-toned semi-automatic in his right hand. His body language was very agitated and he yelled something at the driver of the pickup truck. The driver immediately pulled out of the driveway and into the street. As he was pulling out, the man with the pistol made a gesture toward the driver with his firearm and then went inside. He came back outside a minute later with no firearm present, got into his Mercedes, pulled it into the garage, and went inside.
At that point I called 911. I described the incident to the dispatcher as best I could, and gave a description of both parties, and the address of the house that it happened at. She told me to stay on the line, but at some point it got disconnected.
It took approximately eleven minutes for the first police officer to arrive at the scene.
During the time it took the police to arrive, I watched the driver of the pickup truck talking on the phone the entire time. He parked out in the street, but did not drive off and remained almost directly in front of the house until a couple of minutes before the police arrived, where he then pulled down the road about one hundred yards.
I stayed outside the entire time to keep an eye out if anything else happened. The resident came out and checked his mail during that period as well, and did not acknowledge the man in the pickup truck, and acted as if nothing had just happened. He retrieved his mail and went back inside.
When the first officer arrived, (O'Neil) he got out of his car and started walking in the wrong direction of the house. It looked as if he couldn't see the addresses, and was looking for the correct house number. I was standing in my driveway leaning against my vehicle and we made eye contact. I gestured toward the other house and said "it's that first house there, I was the one that called 911." He nodded and walked across the street towards me and immediately noticed my open carried firearm on my left hip.
The first thing he said was "Turn around and put your hands on the truck." I repeated that I was the one who called 911 and the issue was not with me but the person that lived 3 houses down. He grabbed my shoulder, spun me around and pushed me against my vehicle.
I immediately said "I do not consent to this, but I will not resist. By taking my firearm you are violating my second amendment rights, and what you are doing is illegal." He un-holstered my firearm and had it in his right hand. I turned around and repeated that what he did was illegal.
As I turned around, I saw the shift supervisor who had just pulled up on the scene, jump out of his truck and run towards me with his hand on his hip. His body language led me to believe that I was about to be in a very bad situation so I put both my arms up and said "Time out! I called you guys for help, I'm not the one who was breaking the law." I again repeated to him that what they just did was illegal and that my constitutional rights did not end when the police arrived on site.
The supervisor said to me in an aggressive tone "We can take your firearm if we want to, it's stated in the law black and white, and we can do what we want." I again repeated myself that I did not consent to them taking my firearm and that it was illegal. He immediately started to get agitated and lecture me on the law, at which point I put my hand up and said "I'm not talking to you about this anymore, why don't you go deal with the reason why I called you."
Officer O'Neil said he would return my firearm when this was over, walked over to his cruiser and put my now unloaded firearm in his front seat. Two other police officers arrived on site and they all proceeded to walk over to the man's house who had started the altercation.
After about thirty minutes, two of the police officers left, including the shift supervisor, and Officer O'Neil and one other police officer remained on scene talking to the man who had brandishing his firearm.
I stayed in my driveway the entire time and observed the incident. The man who was brandishing his firearm was never put into handcuffs. He received a summons to go to court and that was it.
NOTES:
At no point before disarming me did any of the police officers ask me what was going on or try to obtain any information about the altercation.
I was on my property the entire time with the exception of walking into the street after being disarmed to repeat my statements that what they just did was illegal, and the last conversation I had with Officer O'Neil was in my neighbor's driveway.
I have two witnesses who observed both Officer O'Neil and the shift supervisor's actions.
At approximately 4:30 PM on 4/26 I saw a man driving a black pickup truck with a trailer attached to it full of landscaping equipment pass by my residence two times. He was driving slowly and looking around, and it appeared to me he was looking for a specific house. On his third pass he backed into a driveway that was empty. (XXXX Hafford Road). He sat there for approximately 3-7 minutes.
A black Mercedes pulled up in front of that driveway while he was sitting there. I already knew that this car belonged to one of the people living in that residence. I heard him get out of his car and slam the door. About three seconds later I thought I heard the driver of the Mercedes say to the man in the truck, "Get the (expletive) out of my driveway.) I wasn't sure I heard him correctly, but right after he said that, a neighbor directly across the street who was getting out of his car whipped his head around and looked at the altercation with an alarmed look on his face, leading me to believe that I had heard correctly.
Not more than seven to eleven seconds passed and I heard a muffled bang. I thought the driver of the Mercedes kicked the passenger side of the black pickup truck, but I believe he had opened his car door and retrieved his firearm, and then slammed his door again. I do not know what was immediately said right after I heard the bang, but right after that, I saw the resident of the house walk to the rear of the pickup truck with a silver or two-toned semi-automatic in his right hand. His body language was very agitated and he yelled something at the driver of the pickup truck. The driver immediately pulled out of the driveway and into the street. As he was pulling out, the man with the pistol made a gesture toward the driver with his firearm and then went inside. He came back outside a minute later with no firearm present, got into his Mercedes, pulled it into the garage, and went inside.
At that point I called 911. I described the incident to the dispatcher as best I could, and gave a description of both parties, and the address of the house that it happened at. She told me to stay on the line, but at some point it got disconnected.
It took approximately eleven minutes for the first police officer to arrive at the scene.
During the time it took the police to arrive, I watched the driver of the pickup truck talking on the phone the entire time. He parked out in the street, but did not drive off and remained almost directly in front of the house until a couple of minutes before the police arrived, where he then pulled down the road about one hundred yards.
I stayed outside the entire time to keep an eye out if anything else happened. The resident came out and checked his mail during that period as well, and did not acknowledge the man in the pickup truck, and acted as if nothing had just happened. He retrieved his mail and went back inside.
When the first officer arrived, (O'Neil) he got out of his car and started walking in the wrong direction of the house. It looked as if he couldn't see the addresses, and was looking for the correct house number. I was standing in my driveway leaning against my vehicle and we made eye contact. I gestured toward the other house and said "it's that first house there, I was the one that called 911." He nodded and walked across the street towards me and immediately noticed my open carried firearm on my left hip.
The first thing he said was "Turn around and put your hands on the truck." I repeated that I was the one who called 911 and the issue was not with me but the person that lived 3 houses down. He grabbed my shoulder, spun me around and pushed me against my vehicle.
I immediately said "I do not consent to this, but I will not resist. By taking my firearm you are violating my second amendment rights, and what you are doing is illegal." He un-holstered my firearm and had it in his right hand. I turned around and repeated that what he did was illegal.
As I turned around, I saw the shift supervisor who had just pulled up on the scene, jump out of his truck and run towards me with his hand on his hip. His body language led me to believe that I was about to be in a very bad situation so I put both my arms up and said "Time out! I called you guys for help, I'm not the one who was breaking the law." I again repeated to him that what they just did was illegal and that my constitutional rights did not end when the police arrived on site.
The supervisor said to me in an aggressive tone "We can take your firearm if we want to, it's stated in the law black and white, and we can do what we want." I again repeated myself that I did not consent to them taking my firearm and that it was illegal. He immediately started to get agitated and lecture me on the law, at which point I put my hand up and said "I'm not talking to you about this anymore, why don't you go deal with the reason why I called you."
Officer O'Neil said he would return my firearm when this was over, walked over to his cruiser and put my now unloaded firearm in his front seat. Two other police officers arrived on site and they all proceeded to walk over to the man's house who had started the altercation.
After about thirty minutes, two of the police officers left, including the shift supervisor, and Officer O'Neil and one other police officer remained on scene talking to the man who had brandishing his firearm.
I stayed in my driveway the entire time and observed the incident. The man who was brandishing his firearm was never put into handcuffs. He received a summons to go to court and that was it.
NOTES:
At no point before disarming me did any of the police officers ask me what was going on or try to obtain any information about the altercation.
I was on my property the entire time with the exception of walking into the street after being disarmed to repeat my statements that what they just did was illegal, and the last conversation I had with Officer O'Neil was in my neighbor's driveway.
I have two witnesses who observed both Officer O'Neil and the shift supervisor's actions.
Last edited:
TFred
Regular Member
Did you get your firearm and ammunition back?
TFred
TFred
while im not going to say whether i think it was appropriate to call the police or not, i will admit that i think it was kind of silly to put in a 911 call about a guy with a gun and then go stand outside with your own gun on your hip.
I mean a right is a right is a right, but a little common sense goes a LONG way...
I mean a right is a right is a right, but a little common sense goes a LONG way...
Hendu024
Regular Member
Err.. umm. I was carrying a properly holstered firearm on my own property and this guy was angrily waving a gun around and yelling at a landscaper while there were kids running up and down the street. Kind of a different situation.
t33j
Regular Member
In hindsight, it probably would have been prudent to notify the dispatcher that you were lawfully open carrying a firearm on your own property.
Not that it's up to me but I can't really decide if they had RAS for a detention without knowing the sort of details that would come out in court.
Lemme guess... it's not recorded?
Not that it's up to me but I can't really decide if they had RAS for a detention without knowing the sort of details that would come out in court.
Lemme guess... it's not recorded?
TFred
Regular Member
From the description given, it sounds to me like it would be rather stupid to not be armed while around this situation. What if the guy suddenly decides he doesn't like the neighbors watching and starts to make a run at you? Etc, etc, etc...
TFred
ProShooter
Regular Member
I have to agree here. Make the call, stay inside, lock your doors.
Hendu024
Regular Member
You know, I was going to go inside, but I was already grilling out with my family and having a good time before this all happened. I wasn't about to let this ***hole ruin my afternoon on my only day off. Not only that, there were a lot of kids running around and people getting home from work. I figured I had made the call, I could remain outside and be a witness if anything else happened.