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MWAG near VCU campus

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
Carrying alone is not brandishing. If it were the second would be worthless.
You wanna tell that to a Deputy Sheriff and a Rent-A-Cop? Or a county cop?

You need to read further than merely 2006 Code of Virginia § 18.2-282 but into the case law. All it takes is someone getting a case of the vapors for a magistrate to agree to issue a warrant. Then it's off to the races to see whose dictionary is going to win.

And remember that right now SCOTUS says the 2nd applies to the keeping of arms in the home for self defense. They have skirted the "bearing" part so far, leaving us with a hell of a patchwork of Circuit Court of Appeals rulings.

stay safe.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,717
Location
here nc
I live in Texas and we seem to mostly know better. I have carried a long gun with no problems.
oh btw tex...the good folk in VA and NC and 29 other states open carry our sidearms WITHOUT a state issued privilege card...oh wait...you can't even do that can ya until after the 1st of Jan 2016...

ya your use of the terms SEEM and MOSTLY were used correctly!!

ipse
 
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The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
So, I thought VIRGINIA WAS THE CRADLE OF LIBERTY. What gives?
Enough with the non-sequiturs. A person called the police. The police did not take it upon themselves to illegally detain the individual. The police in fact did not find the individual. Virginia Law has absolutely nothing to do with how the general public responds to perceived illegalities. It's only the police's job to investigate, which they did.

Perhaps you are confused.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,398
Location
White Oak Plantation
there have been similar alerts and lock downs in nc which turned out to be umbrellas being mistaken for LG.

http://myfox8.com/2013/04/12/nc-at-on-lockdown-man-seen-carrying-rifle-on-campus/

http://www.wral.com/news/local/story/10387437/

ipse
Lucky those two are alive. My Googlefu is weak today. I could not find any followup stories on the perps referenced in the above two linked stories.

“Two independent sightings described the subject as a male wearing a green shirt, jacket, and a square, military-style cap, with a black backpack,” the university said.
A citizen, on/near a college campus, wearing a backpack and a ball cap...hmm, yep the dude is a terrorist. Shoot on sight just to be safe.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,717
Location
here nc
interesting to note...it was the local police who were watching citizens on their spy cams who spotted it and sounded the general alarm w/o sending a cruiser to investigate first.

apparently if mem serves the nice LEs located the gentleman in a fast food joint and verified it was a bumbershoot.

ipse
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
No need to take it personal. Carrying a long gun is not brandishing.

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I don't take it personally mack, but just saying wrong with no support tells newbies the wrong message and guidance.
The facts are, Virginia's brandishing statute is so vague, it's absolutely true.
Now if the rifle is slung and stays so your reasonably safe but hand held, it depends on the observer being afraid.
A good example is when carry in national parks passed.
The park service consulted with the Va. AGs office.
I got a copy of the memo sent by the chief park ranger. He stated slung rifles were permitted but handheld were considered brandishing.

While we've gotten past this now, it hasn't been too many years that people were being arrested in va beach for having shotguns in visible racks in your vehicle.

So yes, Leo's do routinely use suspecion of brandishing to stop and I'd people.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,331
Location
Valhalla
No need to take it personal. Carrying a long gun is not brandishing.

Sent from my XT1080 using Tapatalk
I don't take it personally mack, but just saying wrong with no support tells newbies the wrong message and guidance.
The facts are, Virginia's brandishing statute is so vague, it's absolutely true.
Now if the rifle is slung and stays so your reasonably safe but hand held, it depends on the observer being afraid.
A good example is when carry in national parks passed.
The park service consulted with the Va. AGs office.
I got a copy of the memo sent by the chief park ranger. He stated slung rifles were permitted but handheld were considered brandishing.

While we've gotten past this now, it hasn't been too many years that people were being arrested in va beach for having shotguns in visible racks in your vehicle.

So yes, Leo's do routinely use suspecion of brandishing to stop and I'd people.
There is no question but that the brandishing statute has been used against people who had no mal-intent and who would not have been convicted of assault.
http://law.lis.virginia.gov/vacode/18.2-282/

In layman's terms brandishing is said to require the feeling of fear by the victim/recipient.

Assault is described as when the action(s) of one towards another threatens violence.
http://www.virginiarules.com/virginia-rules/crimes-against-persons
https://vacode.org/18.2-57/


Additionally, carrying long guns have some special conditions in Virginia.

The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders.
http://law.lis.virginia.gov/vacode/18.2-287.4/

So when someone says there is no difference between OCing a long gun and a handgun, yes there may be. Plus there is the public's perception of what constitutes a threat and how any complaint/call is worded.

Become familiar with the term swatting or SWAT-ing as it applies here.
http://www.foxnews.com/us/2015/09/0...g-open-carry-permit-holders-putting-lives-at/
 
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MackTheKnife

Regular Member
Joined
Oct 10, 2007
Messages
198
Location
Jacksonville, Florida
I don't take it personally mack, but just saying wrong with no support tells newbies the wrong message and guidance.
The facts are, Virginia's brandishing statute is so vague, it's absolutely true.
Now if the rifle is slung and stays so your reasonably safe but hand held, it depends on the observer being afraid.
A good example is when carry in national parks passed.
The park service consulted with the Va. AGs office.
I got a copy of the memo sent by the chief park ranger. He stated slung rifles were permitted but handheld were considered brandishing.

While we've gotten past this now, it hasn't been too many years that people were being arrested in va beach for having shotguns in visible racks in your vehicle.

So yes, Leo's do routinely use suspecion of brandishing to stop and I'd people.
Using the phrase "know nothings" appears to be taking it personally. If not, then it's snarky. I just used the word wrong to keep it simple. Carrying a long gun, in and of itself, is not brandishing. I realize in real life it's not always so simple. Just like LEOs who draw down on OC'ers like Dan Beladi, etc.
No need to take it personal. Carrying a long gun is not brandishing.

Sent from my XT1080 using Tapatalk

Sent from my XT1080 using Tapatalk
 
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