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Open Carry LE Encounter

Discussion in 'Carry Issues' started by KiloLee, Jan 25, 2012.

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  1. KiloLee

    KiloLee Glock 17-RTF2

    37
    0
    Dec 13, 2009
    Highland Springs, VA
    I was pulled over on the way to a service call (Roadside assistance), 4 seperate violations:

    -Speeding (5 over)
    -No seatbelt (Automatic shoulder-belt with seperate lap-belt)

    -Improper exhaust (Not my car)
    -Altered suspension (Not my car)

    Luckily, I was released from all 4 citations, due to it being someone else's vehicle, and because of the helpful nature and reputation of my company.

    Also, my first time ever being pulled while carrying a firearm.
    The only thing that made me nervous is when the Officer started removing all twenty rounds from my Glock 17.
    I believe that there are situations where there is an extra penalty per bullet.
    Got asked when/where/why I bought it, but no issues with it at all.

    The officer also advised that I obtain my CHP, to "avoid this stuff later" (the thorough weapon-check?). Good man.

    Moderator Note: This was moved from the Open Carry Stories sticky for discussion.
     
    Last edited by a moderator: Jan 29, 2012
  2. Oramac

    Oramac

    1,001
    0
    Oct 15, 2008
    He blatantly lied to your face. Depending on your state, having a CHP will not prevent that situation in the slightest, since some states require you to inform the officer and even if they don't, it's usually a good idea to do so. I've had it happen to me a couple times here in Missouri myself.
     


  3. What was he doing taking your gun from you in the first place? You might want to consider a complaint to his superiors about this.
     
  4. There is no duty to inform in Virginia whether or not one chooses to do this is entirely up to them. Also, if he was carrying on his person openly (as I suspect he was as this is a open carry thread) the officer has no reason to take possession of his firearm. Open carry in Virginia is the default (normal/standard) method of carry. Carrying concealed is the exception.
     
    Last edited: Jan 25, 2012
  5. G19Dep

    G19Dep

    20
    0
    Jan 21, 2012
    Hampton, VA
    He should have never touched your firearm NOR should he have started to unload your mags, he acted outside of the authority of his badge. Weather you agree with what he did or not you need to call his supervisors and advise them as to what he did. That's piss poor on his part a LEO in VA should know better.

    And to keep things on topic I OC'd to breakfast , and then to the autoparts store today, had one odd look from a little old lady at breakfast i just smiled at her and enjoyed my coffee.
     
  6. KiloLee

    KiloLee Glock 17-RTF2

    37
    0
    Dec 13, 2009
    Highland Springs, VA
    Anybody care to PM me with more VA-specific info on OC'ing and traffic stops?
    I'm pretty good with keeping track of the laws, but I've never been able to really find anything more than "OC is allowed." I've firmly been under the impression that I MUST inform of carry.
     
  7. RussP

    RussP Moderator

    33,742
    3,333
    Jan 23, 2003
    Central Virginia
    There is no duty to inform in Virginia.

    OC is not "allowed". Open Carry is simply "not prohibited by law." There is no law about open carry, the law is silent. That which is not prohibited by law is legal.
     
    Last edited: Jan 29, 2012
  8. Bruce M

    Bruce M

    40,294
    11,224
    Jan 3, 2010
    S FL

    In Virginia an officer cannot disarm a driver during a traffic stop?
     
  9. RussP

    RussP Moderator

    33,742
    3,333
    Jan 23, 2003
    Central Virginia
    I believe those are personal, not legal, opinions.
     
  10. Bruce M

    Bruce M

    40,294
    11,224
    Jan 3, 2010
    S FL
  11. Jagged

    Jagged

    73
    3
    Jan 3, 2012
    SWVA
    Well, he is partially right. In VA you cannot have a loaded magazine with more than 20 rounds in certain public areas, unless you have a CHP...
     
  12. packsaddle

    packsaddle

    1,197
    55
    Jan 15, 2009

    [​IMG]
     
  13. RussP

    RussP Moderator

    33,742
    3,333
    Jan 23, 2003
    Central Virginia
    KiloLee, what mag did you have in your G17?
     
  14. toddmog

    toddmog

    1,166
    0
    May 28, 2007
    Kansas
    Right or wrong, a lot can be done in the name of officer safety. I personally would never disarm someone unless they gave me good reason to. Speeding and exhaust issues aren't good reasons in my book.

    Factory mag with factory +2 extension would be my guess.
     
  15. KiloLee

    KiloLee Glock 17-RTF2

    37
    0
    Dec 13, 2009
    Highland Springs, VA
    Correct, with an additional round in the chamber. Also with an extra factory 17 magazine.
     
  16. kensteele

    kensteele

    5,379
    0
    Aug 3, 2003
    Leawood, KS
    In pretty much any state in this country, if the officer asks if he can remove your weapon and you say OK, it will happen and you have zero recourse.

    In pretty much any state in this country, if the officer asks to remove your magazine and count your rounds and you say OK, it will happen and you have zero recourse.

    If you waive your rights, you cannot complain and you cannot sue. A police officer can ask and a citizen can waive, in every state.

    Did he ask? Did you consent?

    Here comes my opinion: If he started to do these things without asking and you said nothing about it, you probably don't have much to go on. I believe you can simply say "I don't consent to...." and just leave it at that.

    Edit: I understand in some states and in some situations, the gun owner doesn't have a choice and the officer doesn't need consent.
     
    Last edited: Jan 29, 2012
  17. larry_minn

    larry_minn Silver Member Millennium Member

    9,436
    917
    Dec 16, 1999
    Minnesota
    As far as I know. Nationwide Police do have the authority to disarm folks they stop. I would contact staion about him removing rds in mag (in MN) Now IF there is a law against 20 rd mags/you had one... Be THANKFUL he did NOT charge you with anything.
    While I think Officers who disarm folks who inform them.... Well it does not make the most sense.
     
  18. josey88

    josey88 central Florida

    420
    1
    Nov 25, 2009
    Well, if I am permitted to post my humble opinion , so in VA it is allowed to open carry as long as you don`t have a 20 rd magazine on the gun ... so a 17 rds mag is ok ...( ? ) What a well thought out law...
    I am glad I live in Florida !!!
     
    Last edited: Jan 29, 2012
  19. Jagged

    Jagged

    73
    3
    Jan 3, 2012
    SWVA
    Yeah it's a bit silly. One of the things the VCDL is working on.

    But also keep in mind that anyone 18 years of age or older may open carry anything (with a magazine <= 20 rounds) just about anywhere in the Commonwealth...

    Loaded rifles and shotguns OTOH, tend to get regulated by counties and towns as we haven't established state preemption of them yet. This largely stems from hunting regulations. Local governments are required to submit to the VDGIF any changes in such laws so that the VDGIF may publish all the various rules and regulations.

    I used to think that I couldn't carry a loaded rifle or shotgun in my vehicle, but after further research, it was just a handful of counties that I'll never be in. Now during hunting season, I just keep my gear in the trunk of my car (or behind the seat of my pickup) in condition 3.
     
  20. lslubecki

    lslubecki Dr. Dustcover

    37
    0
    Sep 17, 2011
    Dayton OH
    Pertaining to CCW in ohio if the officer asks for you gun you must give it to him. If you did nothing illegal he must return it to you after the stop.
     
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