Just out of curiosity, are you aware of any cases in which the VA Supreme Court has ruled on these laws' comportment with the VA constitution? Not being familiar with the document myself, I can't offer comment, but do know that some states (like WA) provide significantly more protection than is offered by the 4A.
Personally, No. Is there a chance that it has been fought before, who knows? It is a good point and something I will look into. For the time being though, really in general, I am one to err on the side of caution. Strictly for financial reasons. I can't risk the potential cost of being arrested for what ever reason, or a potential erroneous ticket for what ever some LEO on a power trip wants to give me because I know my rights. Don't get me wrong that isn't to say I'm one to get bow down to a LEO, I just chose not to push it as far as some people might. Maybe one day when I finally figure out how to properly manage my money I might be one to take more of a stand, but for now I'll just not risk it.
/snip/
The is no statute in the Code of VA that says a LAC be required to ID himself to a LEO - there is no arbitrary "stop & identify" law there, especially as it relates to carrying a properly holstered handgun. Under duress, the most that will be offered is my name and general area in which I live - no "papers", absolutely none will be voluntarily given. Some people have been known to OC "sterile" = no ID of any kind on them. We do not live in a police state, contrary to the extreme opinions of some.
Carrying a gun is neither PC nor RAS of a crime - no stop by a LEO is consequently warranted. Any interaction on your part will be consensual - best advise is don't consent, don't take part. That and now you are entering the field of the Fourth Amendment
The first bold point as it is true, how does that effect the fact that localities may or may not have an ordinance in affect like the one I quoted a few post ago. That leads me to the second bold point, as I agree with that statement, and am sure every one on here will. The thing about it is, it may not be true in all of VA Beach, I am willing to bet that during the height of tourism season if you were to walk down the ocean front strip/boardwalk OC there is a good chance you may get stopped under VB Stop & ID Ordinance. As far as legality goes, we all know it isn't right, but that's not to say it will stop a LEO from trying to ruin your day. If seen it done for more petty things. For somebody like myself who just can't afford to push the limits, would you say, after the standard decline of info/am I being detained question, if they chose to continue to detain you would it be reasonable to at least give the info they are asking for? That is of course considering the whole poor man factor.
Ok another question. GO FIGURE. You guys suggest to carry some kind of recording device on your person for very obvious reasons and I will be carrying one. My phone has a very good mic on it and I think it will do great. The question is does it matter if it is a digital recorder or not? For such things to be submitted in court I am under the impression that it can not be by a digital device. My example would be from my driving experience where as pictures taken of an accident can not be taken by a digital camera off of the understanding that such devices make it easy to falsify. To the best of anyones knowledge does this also apply to OC or does anyone know of a OCer having had this issue. Thanks
Myself, I do not carry one. I am currently relying on my iPhone. Somebody on here was talking about the idea of using a phone and they made a good point. With a phone you have to start recording once you are in a situation that recording would benefit you. With a recorder it can be recording all day with no problem so if something were to happen you don't have to worry about it, you are covered.