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Peninsula Town Center

crazydude6030

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big_bake wrote:
Then we started talking about waiting on our CHP's to come back. Turns out he put in for his a few days before me. 32 days for me and nada :?
I'm on day 40 0f the wait myself.
 

The Wolfhound

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I have read of very few places in the Commonwealth that are significantly under the 45 day limit. Temporary status sometimes must be claimed. It does usually sort out around day 45 though.
 

Grapeshot

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big_bake wrote:
OCed into five guys two days ago with no problems. One of the employees came up to me as i was eating asking if i was open or concealed carrying. i said open since it was pretty obvious. Then we started talking about waiting on our CHP's to come back. Turns out he put in for his a few days before me. 32 days for me and nada :?
Don't let them drag their feet. If it has been 45 days since you applied, you could have already been legally CCing.

The court shall issue the permit and notify the State Police of the issuance of the permit within 45 days of receipt of the completed application
unless it is determined that the applicant is disqualified. Any order denying issuance of the permit shall state the basis for the denial of the permit and the applicant's right to and the requirements for perfecting an appeal of such order pursuant to subsection L. An application is deemed complete when all information required to be furnished by the applicant is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check. If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification pursuant to subsection H, until the court issues a five-year permit or finds the applicant to be disqualified.
http://leg1.state.va.us/000/cod/18.2-308.HTM

Yata hey
 

big_bake

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Thanks Grapeshot. I was aware of the de facto permit once 45 days were up and i'm not disqualified. I was just hoping Hampton would expedite the process. Got a buddy who said his mom knew some people and got his pushed through pretty quick (~20 days). I told him to tell her to help mine along, but I have no such luck i guess.
 

Tralpat

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The family and I went to PTC yesterday (Sunday). Their information boards (the ones that contain a map of the area on one side and rules on the other) have been changed. They went from saying "No Weapons" to saying "No Illegal Weapons". Not sure why the change in policy but it is interesting.
 

Grapeshot

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Tralpat wrote:
The family and I went to PTC yesterday (Sunday). Their information boards (the ones that contain a map of the area on one side and rules on the other) have been changed. They went from saying "No Weapons" to saying "No Illegal Weapons". Not sure why the change in policy but it is interesting.
The thread is a little lengthy, but the answer is therein - because somebody took them to task for illegal signs. PTC is a Community Development Authority - publicly owned, not private property. Preemption applies.

Now we have misleading signs IMO. It gives the average Joe the impression that guns are illegal and would likely generate a MWAG call from some. That and anybody asking for my permit while I'm OCing is going to be given the same negative direct answer.

Further, I hold the opinion that since preemption does NOT specifically authorize such signs that any sign regulating guns in any manner is illegal.

" No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization."

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915

Yata hey
 

Grapeshot

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Other things I see wrong with their signage:

Maintain Proper Decorum
Do not engage in behavior that can be described as obscene, offensive and/or may disturb others or interrupt normal business activity. Examples include:
  • Unauthorized photography/videography on PTC property. As it is public property anyone outside of the stores is "in public" and fair game.

  • Soliciting, including the exchange of personal information, picketing, literature distribution or panhandling. No exchange of personal information? Are they going to restrict 1st Amend rights too?

  • Failure to respond to a reasonable request or direction from PTC staff. Reasonable in there opinion does not meet the legal standard.

  • Refusal to present appropriate photo ID with proof of age if requested by security or other PTC staff. Not legal - this is not a stop and identify state.
It would seem that restricting 2A rights is not their only goal. If they are going to be good stewards of the public trust, they need to obey/honor all laws.

Yata hey
 

TheApostle

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Fortunately the Newport News City Center is more in tune with the law of the Commonwealth, and as property of the city of NN, cannot legally ban firearms and/or OC.

If it had the type of stores that Peninsula Town Center had, it would be the clear choice for a family outing.
 

Pagan

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Grapeshot wrote:
Other things I see wrong with their signage:

Maintain Proper Decorum
Do not engage in behavior that can be described as obscene, offensive and/or may disturb others or interrupt normal business activity. Examples include:
  • Unauthorized photography/videography on PTC property. As it is public property anyone outside of the stores is "in public" and fair game.

  • Soliciting, including the exchange of personal information, picketing, literature distribution or panhandling. No exchange of personal information? Are they going to restrict 1st Amend rights too?

  • Failure to respond to a reasonable request or direction from PTC staff. Reasonable in there opinion does not meet the legal standard.

  • Refusal to present appropriate photo ID with proof of age if requested by security or other PTC staff. Not legal - this is not a stop and identify state.
It would seem that restricting 2A rights is not their only goal. If they are going to be good stewards of the public trust, they need to obey/honor all laws.

Yata hey
I have to agree with you Grapeshot, will they also try and violate 1st admendment rights as well? Just goes to show, give the tyrannt an inch, and they will take a mile.
 

The Wolfhound

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Pagan wrote: "Just goes to show, give the tyrannt an inch, and they will take a mile."



Any one wonder why the founding fathers took on "Sic Semper Tyranus" as a state motto with the Roman Goddess of Truth standing victorious over the body a slain tyrant? Nothing new is happening, this country has seen it done and tried here before. Constant vigilance my friends.
 

Thundar

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Grapeshot wrote:
Other things I see wrong with their signage:

Maintain Proper Decorum
Do not engage in behavior that can be described as obscene, offensive and/or may disturb others or interrupt normal business activity. Examples include:
  • Unauthorized photography/videography on PTC property. As it is public property anyone outside of the stores is "in public" and fair game.

  • Soliciting, including the exchange of personal information, picketing, literature distribution or panhandling. No exchange of personal information? Are they going to restrict 1st Amend rights too?

  • Failure to respond to a reasonable request or direction from PTC staff. Reasonable in there opinion does not meet the legal standard.

  • Refusal to present appropriate photo ID with proof of age if requested by security or other PTC staff. Not legal - this is not a stop and identify state.
It would seem that restricting 2A rights is not their only goal. If they are going to be good stewards of the public trust, they need to obey/honor all laws.

Yata hey
+1 Grapeshot.

Just be careful exercizing all of your rights because there are areas inside the PTC that are private property. The parks are both definately public property.
 

Thundar

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Grapeshot,

I think your comments on the signs are spot on. I sent a FOIA to the Hampton City Manager. The Hampton code which created the CDA made the City Manager a permanent member of the CDA.

Here is the FOIA:

24 May 2010



From: XXX. XXXXXXXXXXXX

To: Mary Bunting, Hampton City Manager, as a member of the Peninsula Town Center CDA, mbunting@hampton.gov, dlhodges@hampton.gov



Subject: FOIA Request for Peninsula Town Center Community Development Authority



This request is delivered to the Hampton City Manager as a member of the Peninsula Town Center CDA.



Background:

The Peninsula Town Center has posted on CDA property rules which state in part “No Illegal Weapons.” The signs are a bad idea because they give the perception that legal behaviour is illegal. Furthermore the signs appear to violate section 15.2 915 of the code of Virginia which states:

No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization." (emphasis mine)

Request:

A) Please provide any minutes, notes, agendas or decisions from the Peninsula Town Center Community Development Authority which discussed, produced or adopted a “No Weapons Policy” or a “No Illegal Weapons Policy”.

B) Please produce any minutes, notes, agendas or decisions from the Community development Authority which endorsed or adopted community standards that excluded weapons.

C) Please produce any minutes, notes, agendas or decisions from the Peninsula Town Center Community Development Authority which authorized the posting of signs which included a “No Weapons” statement on Community Development Authority Property or directed the change of the signs to “No Illegal weapons Policy” or words to that effect.

D) The Freedom of Information Act policy of the Peninsula Town Center Community Development Authority in place as of 24 May 2010.

E) A public meeting schedule for the Peninsula Town Center CDA.

Instructions:

1) Please deliver the information via an internet email toxxxxx@xxx.xxx If internet delivery is not possible please inform me that it is not possible at the same internet address.

2) If the cost of delivery is more than $10.00 please notify me in advance and receive approval before exceeding this limit for charges.

3) Thank you for your support of open government and the Freedom of Information Act.

 

Thundar

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FOIA came back very quick. Goose eggs for requests A-E. I think I will ask about the parking meters next.

It doesn't appear that the PTC CDA holds any meetings. This is very strange, but for now, know that it does not appear that any of the "community standards" were approved, or carry any weight on CDA property. They all appear to be private property rules that the mall owners are trying to apply to public property.

This CDA is absent government. Seems like it could be very useful for future gun rights that such a place exists.
 

Grapeshot

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Thundar wrote:
FOIA came back very quick. Goose eggs for requests A-E. I think I will ask about the parking meters next.

It doesn't appear that the PTC CDA holds any meetings. This is very strange, but for now, know that it does not appear that any of the "community standards" were approved, or carry any weight on CDA property. They all appear to be private property rules that the mall owners are trying to apply to public property.

This CDA is absent government. Seems like it could be very useful for future gun rights that such a place exists.
Are there not requirements that development authorities hold some public meetings - how can they even exist without officers and bylaws which would seem impossible to structure w/o meetings?

Now you see it, now you don't - strange indeed.

Yata hey
 

MSC 45ACP

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:cool:

Ummmm... I have a confession to make... I've been gone from the "board" for a while, but not from OCing everywhere I go. My spousal unit works across the street from PTC and I've been to visit her MANY times over the last 6 months while OCing. We've been in Target, Chipotle, Barnes & Noble, 5 Guys, JC Penny and all points in between. I've beenapproached several times by local LE and mall rent-a-copsover the last 6 months without even knowing this was going on here... Guess I should have stayed in touch and maybe CC'd more often. I was always polite and tactful (aren't I always?) and was never asked to leave.

Guess I won't drop off the end of the earth again any time soon...

mike
 

peter nap

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MSC 45ACP wrote:
:cool:

Ummmm... I have a confession to make... I've been gone from the "board" for a while, but not from OCing everywhere I go. My spousal unit works across the street from PTC and I've been to visit her MANY times over the last 6 months while OCing. We've been in Target, Chipotle, Barnes & Noble, 5 Guys, JC Penny and all points in between. I've beenapproached several times by local LE and mall rent-a-copsover the last 6 months without even knowing this was going on here... Guess I should have stayed in touch and maybe CC'd more often. I was always polite and tactful (aren't I always?) and was never asked to leave.

Guess I won't drop off the end of the earth again any time soon...

mike
I was wondering where you had been Mike, good to see you back!
 

DrMark

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MSC 45ACP wrote:
Ummmm... I have a confession to make... I've been gone from the "board" for a while, but not from OCing everywhere I go. My spousal unit works across the street from PTC and I've been to visit her MANY times over the last 6 months while OCing. We've been in Target, Chipotle, Barnes & Noble, 5 Guys, JC Penny and all points in between. I've beenapproached several times by local LE and mall rent-a-copsover the last 6 months without even knowing this was going on here... Guess I should have stayed in touch and maybe CC'd more often. I was always polite and tactful (aren't I always?) and was never asked to leave.
Why the contacts? Did they have concerns about you OCing? Were they professional and polite?
 

MSC 45ACP

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They had "questions" about my OCing and asked if I had already spoken to anyone else about it. I honestly told them I hadn't. They asked if I had been asked to leave and again, I said I had not. When I was in Barnes & Noble, a mall rental cop was with a Hampton PD officer. They approached me and asked if they could talk to me outside. I agreed to walk outside with them. The rental cop walked ahead and the HPD officer behind. No Smiles. They were polite and asked if my pistol was loaded. I politely asked the HPD officer if he carried his loaded. He laughed briefly. Good sign. They asked if I had any problems and I told them I hadn't until they showed up. They asked where Ishopped and I told them I had been in most of the stores in the "mall" and never had any"problems". They didn't ask me to leave or disarm. The rental cop looked upsetbut the "real" LEO did all the talking.
 

Cool Breeze

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Greetings, I did some research on the parking meters and this is what I found.

The meters are privately owned by the Town Center. They average 50 tickets a day at $5.00 each (for people who didn't put change in the meter or whose time expired) $250 per day, $25,000 per 100 days, $75,000 per 300 days this doesn't include the money they make off of the meters for regular parking. When being issued a ticket they record your vin # and tag info. If you have 4 unpaid tickets your vehicle will be immobilzed by a wheel boot reqiring a $75 dollar fee to have the boot removed. Hampton city police don't enforce or collect the money for the meters only the Town Center security people do. The meters have a sticker on them that mentions a "PORTION OF PROCEEDS WILL BE GIVEN TO CHARITY" looks like a good source of income to me.

If the streets and side walks are public how can someone put a privately owned meter out there and charge? There are meters for the handicaped spaces as well. I did noticed that some of the rental cops (mall security) have police patches on there uniforms. It was explained to me that a few are sworn in as special conservators of the peace so they can enforce laws.When will the madness end.
 
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