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

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
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?
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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!
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
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.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
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.
 
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Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
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.

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? :D



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