Virginia Gun Owners Forum - VGOF

Before I start I’m not a felon but I have a history of mental illness. I’m perfectly stable however a cop came today citing a call about an incident that occurred 4 months ago and took my muzzleloader with my permission citing that Va State Law prohibits me from owning one. After he left I looked up the law myself and see nothing in there calling a muzzleloader an conventional firearm not only due to length but also using non-fixed ammunition. I called him via the number he left but he hasn’t called back.

Anyone here familiar with these laws? The subsections for “other firearms” and “antique weapons/firearms seem to support my argument. He tried to justify his by ignoring the “fixed ammunition” portion of the subsections.

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He justified His position by ignoring the “fixed ammunition” portion is what I meant.

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You need a lawyer, and soon. Not only will they dispose of (destroy) your weapon, it could lead to you being arrested for being a prohibited person in possession of a firearm. I would find one asap.

Doubtful, he said I was in no trouble and i signed a form giving him permission to take it. Just seemed like he was full of it.

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Doesn't sound like he's doing his day job. Sounds more like he's getting a cheap muzzle loader to keep/trade/sell.

I remember a city cop coming by our office one night to show me his "latest pistol." At that time, in WV, getting caught with a concealed handgun without a license to carry concealed was an automatic 6 months in jail. He'd stopped a guy for "weaving across the center line" and searched his car while he had him standing on the side of the road. Under the seat was Polish Radom 9MM. He gave the guy a choice of 6 months in jail or selling the 9MM to the cop for $5. So, he got a $5 pistol.

As suggested above, I'd call a lawyer and get it straightened out. If you don't, this one might not be the only one you loose if he figures he can come pick up another one.

Yeah funny part is that he cited himself as part of the violent crimes unit and this muzzleloader has only been fired in the woods, no claim on his part of it being used in a crime. He’s full of it. Just ordered a Stoeger X20S pellet rifle. Let’s see him try and take this one.

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HilarityEnsues wrote:Doubtful, he said I was in no trouble and i signed a form giving him permission to take it. Just seemed like he was full of it.

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Never trust what a cop tells you.

Please post back all your actions and keep up informed of the outcome so we can all learn.

He hasn’t called back, but I figured out how he worked the system.

My family doesn’t want me owning any firearms, they were the ones who took my pistol last year after I found out one of them had planted a camera in the wall of my closet is a bid to teach me a “lesson” about getting over my mental illness and assimilating into a middle class lifestyle. Let’s just say after finding the pinhole and camera lens I wasn’t the least bit happy and gave them a legal reason to have me ECO’d/TDO’d that didn’t involve pointing a weapon at anyone. My aunt took it while I was gone and had it locked up in their gun safe while some of the folks involved are claiming it’s with a family friend and the other half seem to want me to believe local police have it. They removed the camera while I was gone since a few days prior to being hospitalized I found it and looked dead into the lens. You can clearly see a right angle pattern on the wall where a paint brush was used to conceal the drywall putty using paint. If the home was in my name I’d gladly cut the wall out to get to the other side of said wall.

After searching it appears the box the BB gun came in had been moved from the back porch to the driveway so the officer could have an excuse to make his way in.

The Stoeger I ordered is nice though. Steel barrel with suppressor and a high quality 4x32 scope with an adjustable red/green reticle. It’s staying in my vehicle. If he shows up again then I’ll them to return with a warrant.

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I forgot to add the incident the officer cited was in regards to a B.B. pistol I purchased in Feb. Basically despite regulations this thing never had an orange tip on it and looked pretty real but it was 15 bucks so I grabbed it. I kept the box as I do with all weapon purchases and it had been moved out front of the garage where anyone in the driveway could see it. I find it highly unlikely any law enforcement agency would wait 4 months to come check to see if it were a real gun or not.

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Jackpot! Officer is wrong and I’m right!

https://johnpierceesq.com/non-violent-f ... -firearms/

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Welp time for a lawyer. They’re charging me with a class 1 misdemeanor. Despite the code clearly identifying my rifle as a muzzleloader/antique firearm the officer claims the commonwealth attorney says it is a firearm.

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Gonna wait to hear back from a lawyer but I’ve got a 90% chance of getting probation with condition of warrantless searches. I’ll update when the lawyer calls back.

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Get that lawyer, and fight it out. Make sure that lawyer is good with firearm law. I wish that you'd done that when Marc first recommended it; might have avoided the charges, to begin with.

In the meantime, stop posting on the topic, here or anywhere else. In fact, while you are dealing with this, I'd be extremely cautious of what you post on any topic, in a public forum. While we are interested in your case, it's best to go silent until the situation is resolved. Once resolved, of course, we certainly want to know what happened.

On a personal note, your family sounds... a little busy-bodyish, I guess. They seem to be causing you some undue stress and hardship. Perhaps you might want to consider cutting them out, for a bit. Obviously, I don't know the background, but you've described a relationship that strikes me as unhealthy, obsessive, and stalkerish, on their part. Seems to me that they may be part of the problem, even if they do mean well.

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All I’ve got to say is the lawyer is going to do a motion for discovery to find out who called the police and when in regards to the B.B. gun box. I also found out that model I purchased in late Feb has been discontinued.

I’ll let y’all know the outcome, trial date is 8/30/2018

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Good luck! I hope that things go well for you.

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Just got off the phone.

My lawyer says he spoke with the prosecutor and they’ve said they think the way the whole thing happened was basically pointless.

I’m basically being offered unsupervised probation, stipulations including seeing my doctors etc etc and me agreeing to allow them to destroy the weapon.

So basically, “I really don’t care but my job forced me to do it”.

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sounds like a relatively positive outcome vs what it could have turned into.

90 day sentence with probation replacing jail time, city keeps the weapon and my P.O. will be in contact with my psychiatrist and case worker.

Could’ve been worse, like the woman before me.

Negligent discharge. I had no clue why she had a leg wrapped up with crutches but as soon as I hear her charge I’m like “NO WAY, This lady shot herself!”

Sure as poop she tells the judge the stray cats were pissing her off so much she blew a hole in her leg between grabbing the gun and heading to the back door. Took everything I had not to burst into laughter.

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