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State Police encounter in VA Beach

InsuredByGlock

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bayboy42 wrote:
Come on Tomahawk...cut him some slack.....he cited a source:lol::question::

Personal Communication: Miscellaneous Convservations with LEOs and Friends.
No reference other than conversations with police officers.
Over the years, maybe ten? Conversations with officers or friends who had the same.


Just because they enforce the law does not necissarily mean they know the law, as evidenced by my original post.
 

SouthernBoy

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It's perfectly legal to carry an unloaded firearm in the trunk of your car in Virginia and any other state or city for that matter, if it is locked up and separate from any ammunition. Virginia just happens to be a bit more lenient.
 

bayboy42

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Hardchrome - Indeed what Tomahawk said. I was trying to keep it lighthearted but guess I did a poor job....for that my apologies. I think the point several of us were trying to make was that the statement "
What is generally considered illegal however is to have a weapon in your trunk, even if it is unloaded. Some consider that to be concealing.
is a pretty bold statement and NOT something us VA people tend to hear. If this were indeed generally considered illegal, it would benefit readers to see a citation (i.e. an AG opinion, statement from the VSP, etc).
 

HardChrome

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Understood. I was not stating an opinion but rather demonstrating (based on experiences) that some officers see "the law" in different ways. This has been a long standing frustration of mine.

I posted earlier on another topic how I had an officer tell me that my CCW permit was not valid in Mathews County since it was issued in Newport News. Fortunately he was not pushing the issue since I was not in any trouble but just him thinking he could would have been enough for him to ruin my plans, at least for the evening.
 

Toad

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Why doesn't the 'ol "ignorance of the law is of no excuse" apply to the Police?
You hear that well sometimes cops make judgment errors because they have to know so many laws......News Flash!!!! We have to know those same laws as well to stay out of the poky!!!!!!
I would definitely send a carefully crafted nasty gram to his detachment as well as cc: anybody in the VSP brass that is of any importance.
 

InsuredByGlock

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Update

After my E-mail sent to VSP headquarters, I received a call today from A lieutenant that had reviewed my message. He was very professional and requested the badge number from my summons, and assured me the trooper in question would be reminded that oc is legal. Maybe this will prevent others from catching flack for oc'ing
 

Bulldog1967

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InsuredByGlock wrote:
Update

After my E-mail sent to VSP headquarters, I received a call today from A lieutenant that had reviewed my message. He was very professional and requested the badge number from my summons, and assured me the trooper in question would be reminded that oc is legal. Maybe this will prevent others from catching flack for oc'ing

Great to hear! :celebrate

Thanks for the update!
 

Ghettokracker71

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I don't have a trunk , and my hatch is accsessible (sp) from my interior. I stripped (fully legally,I might add.) the rear of my car over a year ago (it does see track duty.) but when I OC I just sit my gun on the passenger seat. My only question/problem is what do I do when I have a passenger in the car? Its a two seater?
 

InsuredByGlock

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Ghettokracker71 wrote:
I don't have a trunk , and my hatch is accsessible (sp) from my interior. I stripped (fully legally,I might add.) the rear of my car over a year ago (it does see track duty.) but when I OC I just sit my gun on the passenger seat. My only question/problem is what do I do when I have a passenger in the car? Its a two seater?
You can put it on the dashboard and it is legal, but you have to make sure it doesn't slide when you turn. Also, it may get very hot to the touch from being in direct sunlight, so make sure you don't throw it when you forget and pick it up while it's red hot:p
 

PackininVB

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InsuredByGlock wrote:
Update

After my E-mail sent to VSP headquarters, I received a call today from A lieutenant that had reviewed my message. He was very professional and requested the badge number from my summons, and assured me the trooper in question would be reminded that oc is legal. Maybe this will prevent others from catching flack for oc'ing
What is the officers name on the ticket? If it is TPR Walden or something like that then it is the same officer who pulled me over and told me that i had to inform him that i had a permit and whether or not i was carrying. I filed a complaint to the State Police and when i talked to them the Sgt there said he talked to the Officer and he said he didnt say that and it was pushed under the rug. If it is the same Trooper then he has a history of this (not that VSP has its own history of not knowing gun laws)
 

ConditionThree

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InsuredByGlock wrote:
As the officer went to return my handgun, he started with, "I'm not going to pop you for the weapon violation....". At this point, I politely informed the officer that open carry of a loaded firearm in VA is perfectly legal. He responded (still very polite), "you can open carry it all you want, but that all changes when you put the magazine in it."

At the end of the traffic stop, the Trooper informed me that he was going to place my unloaded gun and magazinein the trunk of my vehicle, which I politely informed him was perfectly fine by me. After the gun was placed in the trunk, the officer requested permission to search my vehicle, which was granted.
Sounds like one of them "Callyfornee" cops. (Cal Penal Code 12031prohibits loaded weapons in incorporated areas, so a loaded magazine in the well is a no-no.)


My feeling on any police detention where a peace officer is requesting a search, the answer is an emphaticNO. Additionally, I will ask them to articulate their probable cause before I cooperate any further or respond to any other questions. The trooper didnt pop you for a weapons violation, because there was none... I find it highly suspect that this officer is playing it off as if you commited a crime, but because he is such a swell guy, he's going to let you off this one time. After this kind of experience, I would question his honesty and integrity- someone who really intended to enforce the law, would do so according to the law- not because he's such a swell guy.
 

InsuredByGlock

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PackininVB wrote:
InsuredByGlock wrote:
Update

After my E-mail sent to VSP headquarters, I received a call today from A lieutenant that had reviewed my message. He was very professional and requested the badge number from my summons, and assured me the trooper in question would be reminded that oc is legal. Maybe this will prevent others from catching flack for oc'ing
What is the officers name on the ticket? If it is TPR Walden or something like that then it is the same officer who pulled me over and told me that i had to inform him that i had a permit and whether or not i was carrying. I filed a complaint to the State Police and when i talked to them the Sgt there said he talked to the Officer and he said he didnt say that and it was pushed under the rug. If it is the same Trooper then he has a history of this (not that VSP has its own history of not knowing gun laws)
TPR mitchell
 

JimMullinsWVCDL

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SouthernBoy wrote:
It's perfectly legal to carry an unloaded firearm in the trunk of your car in Virginia and any other state or city for that matter, if it is locked up and separate from any ammunition. Virginia just happens to be a bit more lenient.
Carrying an unloaded firearm in the trunk of your car may be legal in Virginia and most other states, but some states (e.g., the People's Republic of Maryland, seeMd. Code §4-203(a)(1)(ii)) require a license for the mere possession of a handgun in a vehicle, to which your only defense is 18 U.S.C. § 926A.
 

JimMullinsWVCDL

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InsuredByGlock wrote:
9Reverend73 wrote:
Just curious, what type of radar detector were you using, and how did they know you had one--the nose dive of the vehicle as they lit you up and the detector went bezerk?? :lol:

A $320 Escort 8500 X50. This one cannot be detected by the VG-2 "detector-detector".My rd was mounted above the driver's sun visor. He was approaching me from behind, and I had about a mile's worth of advance warning he had his radar unit on. Looking in my rear view, I could see the unmarked impala approaching,and the radar antenna on the roof made itstick out like a sore thumb. Needless to say I was not speeding and he was one lane to the left of me. He passed me by about 3 car lengths and then dropped back behind me and lit me up. He said he saw the device after he passed me.

I have used this device for the last 5 years hidden above the folded-down sun visor, and this is only the second time I have been caught with it. The fine is $40 plus court costs, and the officers are NOT allowed to confiscate it. No demerit points, no insurance increase, etc.

I do not condone breaking the law (especially with a loaded pistol) but the overall punishment for this infraction is miniscule compared to even a modest speeding ticket. No, I don't want to hear any crap "drive the speed limit and you'll be ok" because this is not 100% true either.

Not everyone with a radar detector drives like a reckless bozo, any more than the fact that not everyone with a handgun is a criminal in the waiting. I will get off my soapbox now, and back on topic
I personally use and highly recommend the Valentine One. As a matter of basic cost-benefit analysis, a radar detector ticket is always better than speeding or reckless driving (Albo fees, anyone? $25 for the radar detector or $1050? I'll take $25.). I keep mine on the windshield but my Garmin and E-ZPass do cloak it somewhat. When I am in Virginia, I do often remove the radar detector when I am in places where I do not need it or when I suspect I am close to a cop. I have never been pulled over in Virginia for anything. Of course, when I am in one of those increasingly few places in Virginia where traffic is free-flowing, there's usually some crazy person (obviously a Yankee transplant who is contributing to Virginia's currentstatus asa "declining neighborhood" politically for those of us on the right) driving like a bat out of you-know-where that usually does me the unsolicited service of running interference. The last time I was in Fairfax, I was driving on I-66 with the cruise control set at 74, passing most other people while driving in the right lane, and then someone literally flew by me in the shoulder lane, which was closed at the time(this is in the area just west of the Beltway where the shoulder is opened to traffic to add a third non-HOV lane when the HOV lane is restricted to HOV-2 vehicles), and must have been going 100+. If Virginia would realize most of its speed limits are, depending on the area, 10-20 miles per hour too low, I might agree with Virginia's rather unique reckless driving per se rules given what I have seen from more than a few people on the road there.
 

Mr. Y

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He (very politely) asked if the passenger's door was unlocked, and that he was going to remove it from my vehicle for his safety and mine
Well... it's good to know at least that he was a polite tyrant...

You should inquire to his boss what exactly gave the officer some belief that there was a danger here that warranted gun handling. This is at least 10 times more dangerous for the citizen than the cop. Certainly this level of intrusiveness was unwarranted by a mere traffic stop - unless you had some kind of uber-cluttered vehicle that smelled like pot or booze...
 

SouthernBoy

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WVCDL wrote:
SouthernBoy wrote:
It's perfectly legal to carry an unloaded firearm in the trunk of your car in Virginia and any other state or city for that matter, if it is locked up and separate from any ammunition. Virginia just happens to be a bit more lenient.
Carrying an unloaded firearm in the trunk of your car may be legal in Virginia and most other states, but some states (e.g., the People's Republic of Maryland, seeMd. Code §4-203(a)(1)(ii)) require a license for the mere possession of a handgun in a vehicle, to which your only defense is 18 U.S.C. § 926A.

That's most interesting. Especially when viewed in the light of the 1986 Firearm Owner's Protection Act which isa federal law. This gives an owner the right to travel through any place in the country to a destination as long as he is legally allowed to own the weapon. It must be unloaded and in a case in the trunk separate from the ammunition. This would allow a Virginia resident to carry his hunting handgun from his state, up the east coast to Maine to hunt moose. That means going through states such as Maryland, Massachusetts, and New Jersey, and cities such as Washington D.C. and New York.

As I understand this law, you cannot be touched (as in detained or arrested) on your journey.
 

SicSemperTyrannis

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Three Cheers for the Virginia State Police!!

No organization is perfect, and with hundreds of employees, it would be unreasonable to expect perfection ofevery employeein every situation. The Virginia State Police does have a history of responding promptly and appropriately to gun owners legitimate concerns, and the call you received from the Lt is another example of this....
 
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