Posted on 07/20/2007 5:11:30 AM PDT by Mad Dawg
And a lawsuit is being prepared.
Norfolk passed an ILLEGAL 'no guns' ordinance a few months ago (no, I am NOT kidding) and ENFORCED that illegal ordinance against a VCDL member!
Bad, bad, bad mistake.
New firearms ordinances, other than those to control discharge or hunting, have been illegal in the Commonwealth since 1987! But Norfolk appears to have been passing a series of gun banning ordinances pertaining to various festivals that the City has put on over the years!
Unbelievable. And Norfolk, of all places, KNOWS better than to do that. (VCDL has had TWO large turnouts at City Council meetings a few years ago to make sure that City Council was aware of Virginia's preemption laws.)
But, Norfolk did it anyway and now it's time to pay the piper.
Worse, within the last month, Norfolk police have also harassed two other gun owners who were lawfully carrying openly, one black and one white - each was accosted on TWO separate occasions! More on those incidents later in the alert.
Here's the story of the false arrest under an illegal ordinance (if you take blood pressure medicine, now is the time to take it for this is going to be very unsettling). Sorry for the length, but it will read quickly:
Chet Szymecki arrived at Sail Virginia 2007, a tall ship festival in Norfolk, with his family (wife, their three children, and two other children from other families [all 13 and under]) around 2:30 PM on Sunday, June 10th, 2007.
As luck would have it, Dennis O'Connor and I were also at that same festival about the same time - but Chet didn't know that we were there and vice versa! Damn, I wish I had known what was about to transpire!
Chet, who was open carrying on that beautiful day, crossed paths with dozens of officers, with many being cognizant of the fact that he was openly carrying.
At 4:30 Chet and family had just ordered some waffle cakes and returned to a music area for an upcoming show. Chet was approached by a black female Norfolk Sheriff's officer and was asked if he was a police officer.
Chet responded, "No."
The officer then stated that Chet must leave the festival area immediately since he was not permitted to carry a firearm there. At the same time another Sheriff's deputy closed in, and one more hung back a few feet. The officer began communicating on her radio and Chet was expecting the situation to totally dissolve within minutes and he could then continue to enjoy the rest of the show with no further interruption.
Within a few seconds two groups of officers from the Norfolk Police Department approached from two different directions.
The primary group had 5-6 officers, and from the look on a Lieutenant's face Chet could tell that things were quickly becoming exponentially worse.
The Lieutenant came within inches of Chet and in a very condescending tone of voice stated that Chet had two choices: leave the park or go to jail.
While appearing to be as non-confrontational as possible (one hand holding his waffle cake and the other feeding his mouth) Chet began to reply that this must be a simple misunderstanding since he is permitted to carry.
Chet was cut off and, as the Lieutenant leaned in to intimidate him, the Lieutenant raised his voice and just about shouted that Chet had only two choices: leave immediately or be arrested.
Chet was still in shock and once again began to speak. Not waiting to hear what Chet had to say, the Lieutenant immediately told the other officers to arrest Chet!
In the following seconds Chet had hands all over him. One officer was tugging at Chet's pistol, having much difficulty removing it. Chet was worried about an accidental discharge with his family being literally feet away.
Other officers were pulling Chet's arms around his back and cuffing him. Chet offered no resistance.
Chet's wife began to speak and she was immediately pushed back by a black female Sheriff's deputy!
Chet's children were just about panicking watching their law-abiding father being stripped of his dignity while their mother was being forced back and being told that she may be arrested if she failed to comply.
Chet's wife attempted to record the scene on her cellular phone and was told she would be arrested if she did not secure her phone immediately!!!
The police then forcibly escorted Ms. Szymecki and her children off the property and left them standing on a street corner in Norfolk, all alone and without car keys (Chet had them and the police would not retrieve them). How very shameful.
A totally unnecessary use of force by the police on someone who was not threatening anyone, leaving a wife and young children on a street corner, totally unprotected.
Congratulations, Norfolk, those police-state tactics would have made Stalin smile warmly at you.
While being whisked away, Chet stated that he was aware that he was being unlawfully disarmed and detained and he demanded to be released immediately.
That didn't draw any response.
After a few minutes when Chet and the police were in a clear area where an Explosive Ordinance Disposal van was parked, along with many other police vehicles, Chet was instructed to face a wall.
Chet informed the officers that the handcuffs were agonizingly tight and repeated that he was not a threat to any of them and asked that the handcuffs be loosened.
Two officers were behind Chet holding him - one officer replied while squeezing the cuffs tighter that "they were not meant to feel comfortable." Nothing like having a sadist on the police payroll. I knew a couple of officers like this who worked the jail in San Antonio.
Chet was just sickened by the lack of professionalism and, as an ex-law enforcement officer and law abiding citizen, SO AM I!
After a half hour or so, and asking a few more times to have his cuffs be loosened, Chet was placed in the rear of a squad car. At that time Chet's left hand was totally numb and his right shoulder was aching.
Chet informed the officer in the police car that Chet was a veteran retired from active service and had sustained injuries in the line of duty - Chet's right arm being one of the injured areas.
Chet informed him that his right Brachial Plexus nerve group was torn from his spine and he had limited use and mobility of his right arm. Chet stated again that he simply wanted the cuffs behind his back to be readjusted.
The most the officer could offer was a suggestion on how to sit back in the squad car in a comfortable way. Needless to say - Chet, who had done nothing wrong, was very uncomfortable.
Several times one officer approached Chet and stated that "in a town of 200,000 or more like ours you cannot carry around a gun like you can in other places."
Chet told the officer that that law did not apply since: (1) the gun Chet was carrying was not classified as a "firearm" in that code section and (2) Chet had a concealed carry permit which rendered the entire section inapplicable to him.
Chet was told he did not know what he was talking about and Chet had no business carrying a gun while in Norfolk.
Speaking of being ignorant of Virginia gun laws, that officer needs remedial training. What a disgrace.
While in the cruiser an officer approached Chet and once again Chet was offered a choice: sign a summons or go visit the magistrate.
Being unfamiliar with the entire process and not understanding the gravity of the decision, Chet asked for additional clarification. The officer was polite and informed Chet that signing a summons was not an admission of guilt and he was simply promising to show up at a future court date. By not signing the summons Chet would go in front of a magistrate and this, along with the associated processing, would take many hours. Signing the summons would only take a few minutes and then Chet could be released.
DOES EVERYONE NOW UNDERSTAND WHY VCDL FOUGHT A BILL EARLIER THIS YEAR THAT WOULD HAVE ALLOWED OFFICERS TO THROW SOMEONE IN JAIL FOR ANY CLASS 1 OR CLASS 2 MISDEAMEANOR AT WILL? Any doubts in your mind that these officers would have done so to further humiliate and intimidate Chet if they were given the option?
Chet asked what would happen if the magistrate realized that this was all a simple mistake. The officer informed Chet that even if the magistrate released him, the police could issue a bench warrant and keep Chet in jail until his court date!!! Any doubt that these officers would have done so?
It seemed that signing the summons was the proper choice and Chet signed it. I agree.
Chet asked for his pistol to be returned and one of the officers stated that it was being held as evidence. Chet asked him for a receipt for his confiscated property. The officer stated that he had a pistol, one magazine, nine rounds of ammunition, and a holster. The officer said his verbal receipt was sufficient!
Like hell!
Chet was also forced to provide his Social Security Number - Chet asked if this were voluntary or mandatory - Chet was told it was mandatory. WRONG again, Norfolk Police! Chet was also forced to fingerprint his summons papers in four areas.
Arriving home almost two hours later, Chet was forced to skip a previously planned dinner engagement with another family and seek treatment at a local medical facility. Chet said he has a high tolerance for pain and discomfort but his right arm/shoulder and the back of his neck was just killing him.
Chet was examined by the doctor and prescribed medications. The doctor stated that since his arm has limited movement and the officers forced it into this unnatural position for over an hour, muscles and ligaments were probably strained.
Chet contacted me that evening and related the above story. The next morning I was on the phone to Norfolk City Attorney, Bernard Pishko.
Mr. Pishko proceeded to tell me that the public streets for the event were considered private property and thus guns could be banned. I told him that the "Festevents" organization that was running the festival was nothing but an arm of the City and could NOT ban guns. I also said that if the private property part were true, why had Chet not been arrested for trespass, but was instead charged under a City ordinance?
Mr. Pishko said I wasn't a lawyer and didn't know what I was talking about. He suggested that he could drop the charges against Chet, but said that perhaps this issue should be settled in court. Mr. Pishko said he was comfortable that the City would win.
Dream on, sir.
However, Mr. Pishko said the charges would be dropped and he kept his word. The charges were "Nollo Prossed" at Chet's court hearing on June 22nd and Chet is now in the process of getting his record expunged.
Chet was charged under City Code 42660 Section 3c (weapon/firearm in festival area).
In order to gather information the City may have on this incident, VCDL has already sent Freedom of Information Act requests to the
* Norfolk Sheriff, to find out which officer started this whole thing, along with any supporting information
* Norfolk Police, to get a copy of ALL radio traffic and other documents relating to Chet's arrest.
* Norfolk City Attorney, on the City's relationship with "Festevents" and to get a copy of the offending ordinance
The dollar amount of the lawsuit has not as yet been set, but I hope it is enough to get the City's attention.
--
Two other law-abiding gun owners, one black and one white, were each harassed TWICE by the Norfolk Police recently. Both were simply open carrying.
The black gun owner, an articulate, polite, 23 year-old who has helped at VCDL tables at various gun shows in the Tidewater area, had guns drawn and pointed at him by the police on the first occasion.
On the second occasion, he was handcuffed, even after complying with police demands to keep both hands on a nearby wall.
Both times the gun owner was released at the scene. But not after being unnecessarily humiliated and manhandled.
On the second occasion, the police officers told him that if they saw him open carrying again, they would handcuff him, run his gun for stolen, and then release him again!!!
Forget looking for real criminals, just harass the good guys, Norfolk. Unbelievable.
The white gun owner (Norfolk seems to be an equal opportunity harasser) was also detained and then released.
--
VCDL has been sitting quietly on this until Chet's charges were dropped. But these events cannot go unchallenged.
In addition to the lawsuit, VCDL will be attending a future Norfolk City Council meeting to denounce the oppressive harassment of Virginia's gun owners and demand an end to it.
The City of Norfolk and their police agents have a pattern of abusing the law and law abiding gun owners. If you or I violate the law, we risk fines and/or jail time. Why should local government officials be immune from punishment for passing and enforcing an ordinance in violation of state law? How long will the General Assembly let these rogue officials get away with this abuse of the law?
WE NEED A **HUGE** TURNOUT TO MAKE SURE CITY COUNCIL GETS THE MESSAGE LOUD AND CLEAR
I will advise when we have picked a date.
Tidewater - time to step up to the plate again.
That makes it even worse. These officers were simply harassing the citizens of Virginia , unbelievable.
True, if the authors intent was to point out the failures of the VBPD and Sheriff’s Dept. then stick to that.
The race offered nothing of substance to the story, why mention it at all?
SZ
I carry everywhere it is legal, it is my job to protect me and mine.
with so mny people in close proximity to each other. Having both hands pre-occupied, lends itself to having one’s weapon easily taken. Regardless of the lagality, I think it was a pretty irresponsible thing to do.
With a level three or four holster is would be VERY difficult for some one to take his gun. Was he using such a holster? I do not know but I am not going to judge the ease of having his gun taken especially when the COPS (or thugs in this case) had a problem getting his gun out of the holster.
What do the levels on a Safariland holster mean?
Safariland's Holster Rating System is intended for holsters in new condition and can be used to evaluate any holster permitting the holster is properly adjusted for the weapon. The holster should be mounted on an appropriate duty belt and secured as it would normally be worn. The wearer is not permitted to hold the holster or belt during the test. The attacker has five seconds and can use both hands to apply force to the stock of the handgun. No intentional force may be applied to the release strap mechanism in the direction that is normally used to open the strap.
Level 1 (a) Pull as hard as possible in all directions on the handle while violently twisting the weapon in all directions. If the weapon remains in the holster and the holster remains on the belt, make a normal draw to ensure the securing mechanism is not jammed. (b) Remove the holster from wearer, release external straps and invert with a light shake. The weapon should not fall out of the holster. If both tests are successful, the holster is rated at Level 1. If a holster fails, it cannot be tested for any other levels.
Level 2 Unlock the primary security device and apply force pulling forward, straight up, towards the side, and from the back. If the holster has an additional device which offers measurable security in any of the directions, it meets Level 2.
Level 3 The holster must have two independent securing devices during the Level 1 tests. If the holster offers retention with both devices open, it is rated at Level 3.
Level 4 The holster must have three independent securing devices during the Level 1 tests. If the holster offers retention with the three devices open, it is rated at Level 4.
________________________________________________
People reveal themselves in the details.
So far....
He should have left it in the car.
Where it can be stolen.
I've gone back to my truck (an old beater F-150) on three different occasions (while parked at Waterside), and have found it broken into and ransacked, fortunately the only things that have been taken were a stereo, some CDs/tapes, and my sense of naiveté.
Given that the article states the police themselves had difficulty removing the gun, I don't think it would have been any easier for someone else to remove the gun.
Do the words "Luby's Massacre" mean anything to you? I for one praise Mr. Syzmecki.
10-4
You mean like a police officer or security guard? Shall we just ban firearms altogether?
See my post #32
Ping
Somehow, I just don’t think a group of families, with a number of open-carry members, walking around the festival, would attract less of a police interest.
The article did not mention anything she did later that would make me believe it was relevant. If she had called “Chet” a cracker then I could see the relevance.
Now mentioning that the harassment has happened to white and black gunowners is relevant because it shows that they don’t care who has the lawful right to carry, they’re going after you.
SZ
This event, is no where near a state fair level of event.
Still I would hope that the point of this article doesn't get lost, or that Phil be tossed into the "racist" bin. The amount of work and dedication he provides to 2nd Amendment causes in Virginia is awesome.
So it's OK with you for cops to break the law by false arrest and intimidation just because you and they think a citizen licensed to carry a gun under the laws of the state shouldn't be allowed to exercise the rights granted by that license unless you and they think it's acceptable? When did you and the Norfolk cops get the authority to decide what the law should be and act accordingly?
In this case the victim of police brutality and harassment was in compliance with a state law which specifically overrides any local law concerning the carrying of firearms. If you and the Sheriff don't like that law why don't you lobby the VA legislature to change the law instead of allowing cops to use Nazi-type tactics to intimidate citizens in the hope that intimidation will do what the city or county can't legally do under current VA law? What happened there was nothing less than police harassment of the worst kind. The cops knew they had no legal authority to arrest the armed man, they just hoped to intimidate ALL licensed citizens from going armed in their bailiwick.
If there is any justice in VA the Sheriff's office will be forced to recompense the victim of his thugs in a large enough amount that his department will abandon Gestapo intimidation tactics and obey the law they are supposed to be enforcing. Nothing is more likely to breed hatred and disrespect for LE officers than totally unjustifiable thuggish behavior like this against law abiding citizens. Cops who know the law and violate it anyway should be held more accountable for their acts than the ordinary citizens who they are supposed to be protecting, not harassing.
In my observations, when they take a break, it is always away from the crowd, with more than one leo with them. I have not seen the police at these events, walk around carrying any food or beverage.
The modern Police Force is literally homogenized by recruits from all over the country. There is a fair amount of headhunting that goes on. One common point of entry is to establish credentials on a small town force (easier to get hired) and then move on to the big town salary. So it is no real surprise an officer who has been hired to balance diversity needs of a large department will be more confrontational and politically correct.
Since the gunowner in question was offered a choice- stay or leave- rightly or wrongly he probably should have left and filed his paperwork afterwards. Police in the 21st Century are on a hair trigger when it comes to confrontation and once that officer assistance call goes out over the radio a felony arrest is all but inevitable. (Felony arrest being defined as using techniques required to apprehend a dangerous criminal up to and including deadly force.) Eating a waffle when confronted by a testosterone addled officer (male or female) is a darned good way to escalate a situation right into deadly force.
Right now, a possible course of action is to subpeona the the Department CALEA standards governing Officer Conduct at Street Festivals and other public venues.
It may be necessary to rewrite those manuals to prevail in this instance.
Hope this helps
Best regards,
It might have caused more respect for the law than these officers portrayed. It’s a sad state of affairs when we have to remind the police to obey the laws they are sworn to enforce. Despicable behaviour IMHO.
I believe that argues against your point.
Anyone harboring thoughts of attempting to steal another individual's firearm is precisely the reason such individual chooses to exercise their legal right to openly carry.....
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