• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open carry in a Chestefield Elementary School - Arrest

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Skidmark his infraction of the law is a felony infraction, not a misdemeanor infraction (this despite the fact that he harmed no one, offered to harm no one, and claims to be oblivious to any malum prohibitum restriction).

That's true jmelvin, and it's a disturbing sign of the times. It hasn't been that long ago though, that the school principal would have told a parent that that was illegal, let him go, and forgotten the whole thing.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
Given that the guy wasn't arrested til the next day, that's exactly what should've been done. Having this man in the prison system and wasting court time makes no sense at all (to me at least). There's certainly no justice going on here, just legal proceedings.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Skidmark his infraction of the law is a felony infraction, not a misdemeanor infraction (this despite the fact that he harmed no one, offered to harm no one, and claims to be oblivious to any malum prohibitum restriction).

I sit, head down in shame, corrected. How I screwed that one up I do not know. I have gone back and adjusted my post to reflect the true nature of the matter.

Thank you for correcting me.

stay safe.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
It's a shame that the new bill heard today in the Senate wasn't amended to allow legal carry.

Chesterfield father arrested for bringing pistol to daughter's school


51195d8760ddd.preview-300.jpg

[size=+3]I didn't know[/size]

You may not know the gun laws, but you should know your constitutional rights. You should not have said a word to police. How could they prove exactly what you carried into school on the day before you were arrested? Maybe it was a BB gun or even a prop gun. Hard for a prosecutor to prove, except for this mans own words.

The police are evidence collectors. Do not aid them in collecting evidence against you. Learn from this mans mistake - do not talk to cops or answer any of their questions.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Thank you for the advice.

Do you agree or disagree that a chorus of condemnation here for Mr. O'Berry could very easily come off as an internalization of the loathing that the gun control crowd has for us (whether or not any given individual participating in this chorus actually has internalized his loathing for us is beside the point, as my question relates to the perception thereof and not whether it actually exists)?

If you agree with the preceding assertion, then do you agree or disagree that a perception of self-loathing by the Brady Bunch is analagous to the scent of blood for predators?

Nice try, but the words you have chosen to use do not match what I presume to be the quest for information you seek.

Let me try this: Do I think that any condemnation here (on OCDO) of Mr. O'Berry would be seen by the anti-gun rights crowd as an affermation of any of their positions?

No. Because I do not believe that the anti-gun rights crowd cares what we say - about this or about anything else.

Let me also try this: Do I think that any condemnation here (on OCDO) of Mr. O'Berry would be perceived by the anti-gun rights crowd as self-loathing on "our" part? And if I did, would I agree that the anti-gun rights crowd would react to it as a shark does to the scent of blood in the water?

No. Because, among other things, the anti-gun rights crowsd does not care if we loath or love ourselves. Thus, also "No" for the follow-up question. The only scent of blood in the water that seems to have any effect on the anti-gun rights crowd is that of the victims they exploit for their personal political [sic] agenda. (Note I did not say "personal/political" when referring to their agenda.)

stay safe.
 

Walt_Kowalski

Regular Member
Joined
Mar 31, 2010
Messages
354
Location
Ashburn, Virginia, USA
Any criticism of this man from people here plays into the hands of the anti-RKBA zealots. Why should any person here ridicule this man for violating a moronic-and above all, unconstitutional-law?

We should be talking about setting up a defense fund for this man, and protesting in front of the jail on his behalf, rather that competing with our worst enemies in stigmatizing a man who did absolutely nothing wrong (wrong being defined by sane standards, and not mere laws made by opportunistic imbeciles). :banghead:

+1
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
12-year-old arrested for having pocketknife at John Rolfe Middle School

When I was a Cub Scout, they gave me a folding knife. It was wonderful. No problems with knives back in the good old days.

12-year-old arrested for having pocketknife at John Rolfe Middle School
A 12-year-old boy was arrested for having a pocketknife at John Rolfe Middle School on Monday.

School officials notified Henrico County Police that the student had the knife in his backpack Monday. The knife was not used in a threatening manner, said Lt. Linda Toney, a police spokeswoman.

The student was charged with carrying a concealed weapon in a school [A FELONY], and he was released to a parent the same day.
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
Cosby student charged for having weapons in car

Do you sense a pattern here?

Cosby student charged for having weapons in car
A Cosby High School student has been charged with possessing an inoperable gun and two knives after the weapons were discovered during a search of his vehicle.

Patrick S. Hailey, 18, of the 7800 block of Halyard Trail, was arrested Friday and charged with possession of a firearm on school property and possession of a weapon (knife) on campus [A FELONY].

Police said after tobacco products were spotted in Hailey’s vehicle in the school parking lot, an administrative search of the vehicle was conducted, and authorities found an inoperable antique revolver that was missing a part, along with four knives. [FOURTH AMENDMENT ISSUES here... ]

Two of the knives were of the folding variety and determined not to be in violation of the law.

A Police State?
 

T Dubya

Campaign Veteran
Joined
Feb 11, 2008
Messages
914
Location
Richmond, Va, ,
Don't have much to add; as usual you all live up to the reputation of being the "shock troops" of the 2nd Amendment activist community. 2A4all and Thundar really made some interesting points. I have to agree, this guy is now the poster boy for every deranged killer that used a gun then committed suicide. Keeping him locked up without bond is proof of that. As far as this guy wanting to go to SCOTUS, I don't get that vibe. This guy doesn't strike me as being particularly smart.

Here's where I have a serious, serious problem. There is no evidence of any kind of malice, but he is being held without bond until his court date. That's wrong, and no telling what that poor little girl is going through. I have a serious problem with the judge and their ability to sit on the bench. This is not justice and not what this country is supposed to be about.

Have a look and see what your fellow Virginians are saying. I feel like I'm living in the movie "Idiocracy."

http://www.timesdispatch.com/news/l...cle_9713a5e6-748e-11e2-96cb-001a4bcf6878.html
 
Last edited:

vt800c

Regular Member
Joined
Oct 19, 2009
Messages
221
Location
Springfield,VA
Regardless if this individual serves as a poster child,

the first thing that needs to happen to have a bad law changed is it must be challenged. Personally I think the idea of a GFZ is nothing short of ADVERTISING a vulnerability. it's in almost any publication on risk mitigation. they are not taking steps to mitigate the risk. to the contrary, they are flaunting it. Ok..off the soapbox.

We should rally around this individual and support the legal challenge. The lawyers will ask us to look at the facts.

So here they are AS I SEE THEM (IANAL):
It is illegal to carry a firearm onto school property (true or false?)
This individual did carry a firearm onto school property (True or False?)
the punishment as written is this constitutes a felony (true or false?)

we can all agree that the law is wrong, but until it is challenged, it remains. (true or false?)
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
Krytocracy

Here's where I have a serious, serious problem. There is no evidence of any kind of malice, but he is being held without bond until his court date. That's wrong, and no telling what that poor little girl is going through. I have a serious problem with the judge and their ability to sit on the bench. This is not justice and not what this country is supposed to be about.

Have a look and see what your fellow Virginians are saying. I feel like I'm living in the movie "Idiocracy."

http://www.timesdispatch.com/news/l...cle_9713a5e6-748e-11e2-96cb-001a4bcf6878.html

This sort of thing is EXACTLY what our founding fathers were trying to avoid.

Krytocracy is the most vile form of tyranny. This is so because the third branch of government is supposed to be the neutral arbiter, that errs on the side of liberty.

The citizen starts to defend thier liberty on the soap box. Often the next box is the ballot box. The citizen who is not sucessful in defending and preserving liberty moves on to the jury box. In a krytocracy all three of these boxes are closed, so the citizen who still insists on their rights must move on to the ammunition box. I am not advocating violence, just identifying the natural outcome of krytocracy.

Bail denial for this sort of situation is the act of a krytocratic judge. Shame on the tyrannt in black robes.
 
Last edited:

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
This guy may not have been the brightest bulb in the basket, but he certainly had no ill will towards the children. The posters on the news forum are mostly idiots. The man had no intention of harming children, there was no reason he should not be allowed to have a firearm around his own child, and clearly this is a waste of the tax payers money. Even if the man is dumb, his lawyers will not be, hopefully this backfires on the stupid police and school. The law they are using to punish this man for trying to be responsible for his own child's safety is clearly unconstitutional.
 
Last edited:

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
It appears that the administration of A.M. Davis Elementary School does not care about either the safety of the students or about following School Board policy. As soon as someone noticed he had a gun the school should have instituted its lock-down procedure. Had Mr. O'Berry been a mentally deranged individual bent on rapid mass murder, the failure of the school to go into lock-down mode would have forced him to work that much harder to achieve his aims.

Eithrer that or someone at the school has figured out that going into lock-down is one of the best ways to assure a high body count. But what are the chances of that?

stay safe.

just saying SKIDMARK, all of us here know that the GFZ/ KZ has nothing to do with safety of the student. if it did it would have been abolished long ago.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
the first thing that needs to happen to have a bad law changed is it must be challenged. Personally I think the idea of a GFZ is nothing short of ADVERTISING a vulnerability. it's in almost any publication on risk mitigation. they are not taking steps to mitigate the risk. to the contrary, they are flaunting it. Ok..off the soapbox.

We should rally around this individual and support the legal challenge. The lawyers will ask us to look at the facts.

So here they are AS I SEE THEM (IANAL):
It is illegal to carry a firearm onto school property (true or false?)
This individual did carry a firearm onto school property (True or False?)
the punishment as written is this constitutes a felony (true or false?)

we can all agree that the law is wrong, but until it is challenged, it remains. (true or false?)

VT, it IS being challenged!
The school carry law is a priority with VCDL but if you have any thoughts that this fellows lack of knowledge will help that, think again.

At best it can be used as an example of why intent should be incorporated into the existing statute.
At worst...it just makes everyone look bad.

Do I feel for the guy? Damn Skippy I do. He's not a criminal, he's just not very bright.

Am I going to rally around him. Not in your lifetime. When you put on a gun there are a few basics that you'd better know...How to load it, how to shoot it, how to handle it safely and at least where you can wear it without going to the Hilton. It's pretty common knowledge that schools are a GFZ.

It's exactly that kind of careless attitude that caused the Surtherland decision to be overturned and we still haven't corrected that.
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
Magical lines

My first thought is: what harm has this man done, to anyone? He has commited an administrative offense of crossing a magical line, drawn by someone who thought that the line should mean something to everyone. To arrest him was an abuse of the system. To fail to offer bond is a miscarriage of justice and an abuse of power on the part of the judge. I judge him on his intent and his actions. I see no crime commited. No evidence has been introduced that he had ill intent. We have to get rid of these stupid magical lines before more people are killed as a result of their ineffeciveness. The line failed at its job. It did not prevent a gun from from entering the school. Punish the bad law not the man who proved its failure in public.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
My first thought is: what harm has this man done, to anyone? He has commited an administrative offense of crossing a magical line, drawn by someone who thought that the line should mean something to everyone. To arrest him was an abuse of the system. To fail to offer bond is a miscarriage of justice and an abuse of power on the part of the judge. I judge him on his intent and his actions. I see no crime commited. No evidence has been introduced that he had ill intent. We have to get rid of these stupid magical lines before more people are killed as a result of their ineffeciveness. The line failed at its job. It did not prevent a gun from from entering the school. Punish the bad law not the man who proved its failure in public.

Wolfhound, I agree with every word you just wrote. Now the hard part....changing the law!
 

mtbinva

Regular Member
Joined
Jan 8, 2013
Messages
82
Location
Mount Nebo, WV
Have you EVER been to court in Arrestafield Co.? It is a factory of a corrupt judicial process that just spits out judgments with a complete disregard for ANY semblance of true justice.

Chesterfield for vacation, leave on probation. I have lived there half my life and am glad I no longer live there.
 
Top