Could this happen in Virginia?

[RocKor]

I support anyone who wants to carry no matter what their preference.

One only thing I'd add is that there is no evidence that anyone OCing has every been targeted for a crime that I have ever seen, and I've seen this debate over and over among different websites and no one has proven it has ever happened. I have, however, seen at least one or two stories about OCing actually *deterring* crime.

And from what I've seen in VA, most LEOs tend to know by now that OC is alright since many departments had to re-educate their officers when all those bad arrests were made when OCing started being legal, but your mileage may vary. But if you are harassed or falsely arrested, get a badge number and file a complaint or lawsuit.

And for EITHER form of carry, you should be totally aware of your surroundings. So if four gangbangertypes are following you or an LEO is eyeballing you, you should be aware of that either way and respond accordingly

Yes, people who OC and who don't do it for comfort reasons are a little more "in your face" about their gun rights. But it's a human right to be armed, and some are not "ashamed" (for lack of a better word) of the fact they are armed.

Either way, strap up and take care of your business and let others take care of theirs.

[gunderwood]

And from what I've seen in VA, most LEOs tend to know by now that OC is alright since many departments had to re-educate their officers when all those bad arrests were made when OCing started being legal, but your mileage may vary. But if you are harassed or falsely arrested, get a badge number and file a complaint or lawsuit.

Which law would you be referring too?

VA doesn't have a law against OC, thus it is legal and has been for longer than any of use have been alive. There was no change in the law to allow OC. Most of the time the officers knew it was legal and choose to act otherwise. For the famous VCDL members case who was arrested 3 times for OCing, one of the officers did it twice! In my friends case, that was just this spring and they claimed they misread the statue as "21" vice "18." They didn't claim to not have looked at the law, but rather that they misread the numeral 18 (this is how it is written in the code) as the numeral 21. That puts you in a hard position, either you:

A. Accept their story as the true, but that requires you believe they never got past 1st grade or have no memory about the lawsuit they were involved in and lost a year or so ago.

or

B. They knew full well what they were doing and choose to ignore the law.

I'm sure there have been genuine misunderstandings or ignorance on the part of the LEO making an OC arrest. However, those are the two most clear cut I know of in VA.

[SgtBill]

I do believe that he was set upon by a couple of real asswipe leo's that have no right to carry a badge and push the power of said badge upon a person that is not in violation of any law's and when they know for a fact the diffrence between the number 18 and or 21. If they do not know the diffrence between these two numbers then they should not be wearing a uniform with a badge or anything else that gives them any type of arrest power's.
Bill

[RocKor]

Which law would you be referring too?

I must be mistaken, the incident I'm recalling was at the beginning my enthusiasm for firearms years ago (didn't follow state politics much until well after that) but I remember it was when I started hearing about OC in VA all the time, and I guess maybe the article I read detailing the arrest said "open carrying, which is legal" and I misread it as being "now legal." I feel quite silly now for being so mistaken. But of course, that was back when I thought AK47s fired .308s. Please forgive my ignorant teenage years.

But from what I had been gathering around the internets lately is that the LEO situation isn't as bad as it was, but maybe there just hasn't been any major incidents in VA recently so it may just seem that way. But seeing as your friend just got arrested, I may also be wrong about that. But honestly if the PD keeps asking for lawsuits, let them have them. I would personally keep carrying openly myself. I also have friends that OC and only one had an encounter with an LEO and it was pleasant chat about the firearm and guns in general.

When you OC, though, you really have to be willing to put up with what OCing will bring you. And that is attention. Some people want it, some don't. I don't mind the attention myself, your mileage may vary. And honestly this is just like a caliber war discussion, we all have our preferences.

[Diomed]

But of course, that was back when I thought AK47s fired .308s. Please forgive my ignorant teenage years.

As I recall, Baldy the WonderSEAL from FutureWeapons said the Russkies use the .308 in the AK. So don't feel too bad.

[gunderwood]

Which law would you be referring too?

I must be mistaken, the incident I'm recalling was at the beginning my enthusiasm for firearms years ago (didn't follow state politics much until well after that) but I remember it was when I started hearing about OC in VA all the time, and I guess maybe the article I read detailing the arrest said "open carrying, which is legal" and I misread it as being "now legal." I feel quite silly now for being so mistaken. But of course, that was back when I thought AK47s fired .308s. Please forgive my ignorant teenage years.

But from what I had been gathering around the internets lately is that the LEO situation isn't as bad as it was, but maybe there just hasn't been any major incidents in VA recently so it may just seem that way. But seeing as your friend just got arrested, I may also be wrong about that. But honestly if the PD keeps asking for lawsuits, let them have them. I would personally keep carrying openly myself. I also have friends that OC and only one had an encounter with an LEO and it was pleasant chat about the firearm and guns in general.

When you OC, though, you really have to be willing to put up with what OCing will bring you. And that is attention. Some people want it, some don't. I don't mind the attention myself, your mileage may vary. And honestly this is just like a caliber war discussion, we all have our preferences.

No problem, we all make mistakes and no one knows everything. I keep trying though.

The couple high profile lawsuits have done two things concerning LE IMHO. First, some departments better trained the officers to avoid the lawsuit and respect OC rights (a good thing). The laws are so numerous that not even a LEO knows them all. Second, those departments which hate OC (perhaps even an individual officer) haved learned when to stop, but they still will push it to the breaking point. E.g.

My friend was pulled over for running a stop sign (no problem with that, he did a CA stop and shouldn't have). However, he technically was and wasn't arrested. When things looked like they were going south, he got a message (cell phone) out to my brother who called me 1 hour later. They were furious with him for making a call during a stop (I wonder why ). They proceeded to question him, take him into the office, and tow his car. His rights were never read to him, he was never allowed to contact the outside world, etc. I spent 2+ hours (after the first hour expired) calling every LEA in the area. None of them had any record of him because they never booked him! I finally found someone who acknowledged they had him, but he wasn't in the "system" yet. Again, no phone call, no rights, just interrogation and removal from the initial stop site. If he hadn't gotten that phone call out when he did, he just would have disappeared. Of course, he wasn't free to leave either. They released him within minutes of me finally getting a hold of the right person and telling them that they were illegally detaining him and I was getting a lawyer if they didn't release him immediately. All of a sudden, the story changes. It was an honest mistake, they read 21 vice 18, etc. If you believe that, I have a bridge to sell you.

They pushed it because they he was talking to them (shouldn't have...use your rights...he will next time) and the courts have held that to be cooperation. I.e. he wasn't being detained, he was helping them in an investigation, you know a volunteer. WTF They knew most lawyers would tell him to drop it (not sue) because he talked so they pushed it until they were forced not too. The problem with cooperating is that your ability to prove your rights were violated is practically nill. Common sense does not apply here and LE has been given tremendous leeway, particularly post Patriot Act.

[RocKor]

But of course, that was back when I thought AK47s fired .308s. Please forgive my ignorant teenage years.

As I recall, Baldy the WonderSEAL from FutureWeapons said the Russkies use the .308 in the AK. So don't feel too bad.

Yeah I saw that recently and found it hilaaarious that a "real operator" made the same mistake as I did when I was first into AKs at FIFTEEN.

And gunderwood that's a damn shame about what happened there. Cops will scramble to make up excuses or even charges if they're caught screwing up. That's why I suggest everyone watch this video when it comes to dealing with police to minimize the risk of a bad encounter with LEOs. (Vid is a tad cheesy but it gets it across.)
http://www.cato-at-liberty.org/watch-it ... th-police/

[scott9050]

I don't open carry but I respect the right and the decision made by those who choose to do so.

[chevydiesel]

I carry faithfully everyday (when I'm not in Marysland) if I'm out and about its usually cc but if it a day of yard work its never covered and why take the time to put on an extra shirt for a trip to town. I'm gotten the stares the gasps the pointing the mothers grabbing their children but never an issue with the police.

[SELFDEFENSE]

Can't they get you on some variant of disturbing the peace if they want?

[wally626]

Can't they get you on some variant of disturbing the peace if they want?

Not in VA if the handgun stays holstered.