Posted on 07/24/2007 2:58:32 AM PDT by Daffynition
NORFOLK
Chester Szymecki Jr. was waiting for some music to start at Harborfest when a sheriff's deputy approached.
It was a warm June afternoon, and thousands of people wandered on and off the tall ships moored around Town Point Park. Szymecki had come from Yorktown with his wife, their three children and two children from their neighborhood.
Szymecki had brought along something else, too - a .45-caliber handgun in a holster on his belt.
The deputy asked Szymecki whether he was a police officer. He said no. And then, he said, uniformed city police began closing in. They gave him a choice, he said: Leave the event or face arrest. When he tried to say that there must be a mistake, he was disarmed and led away, handcuffed, he recalled.
Szymecki was charged with violating a local ordinance that the City Council had passed in May, which set up rules to govern Harborfest. Among them was a provision banning handguns and other weapons.
There's just one problem: A few years ago, the General Assembly barred localities from enforcing laws governing the carrying of firearms. That meant state law prevailed. And in Virginia, "open carry" is legal.
Localities today generally do not have the authority to restrict guns, said Mark Flynn, director of legal services for the Virginia Municipal League. A state law last amended in 2004 says localities cannot adopt or enforce laws regarding the purchase, carrying, possession, storage, or sale of firearms.
Szymecki was given a summons and released. When he showed up for court June 22, the case was withdrawn at the request of an assistant city attorney.
The case has enraged the Virginia Citizens Defense League, a gun rights group that has successfully challenged local gun restrictions around the commonwealth. Szymecki is a member. In the past the group has protested Norfolk's attempts to prevent the carrying of weapons in city parks.
Philip Van Cleave, the president of the league, says members plan to crowd the City Council chambers in protest at a future date.
The ordinance, he said, was "a huge mistake."
City Attorney Bernard Pishko said the city is not attempting to challenge the state law by imposing restrictions on handguns.
Pishko described the gun ban in the Harborfest ordinance as an oversight, a "housekeeping" issue. "This is one that we missed," he said. An ordinance governing Afr'Am Fest in May contained the same restrictions on weapons. Both ordinances were in effect only for the few days the events ran.
Pishko said his office has since advised police that "the only gun laws in effect for Norfolk are those in effect for Virginia."
Szymecki said the incident has changed the way he views the police. He said he plans to file a lawsuit and have a "neutral court" decide whether police violated his rights.
Pishko described the gun ban in the Harborfest ordinance as an oversight, a "housekeeping" issue. "This is one that we missed," he said.
Are they claiming ignorance of the law of the state of VA? Oh brother .............
The problem, is that these anti-gun nuts are used to pushing people around. It’s refreshing to see them getting pushed back.
They are worried about guns in the proximity of free-flowing beer (sales of which Norfolk undoubtedly gets a cut). A better solution would be to triple the price of beer. This anti-gun ordinance sucks.
This was posted several days ago...nice guy me can’t find the link.
Sorry if it was posted ... I couldn’t find it in a search...someone will.
Above URL is under different headline and has 320 replies.
Thanks ... I see that now. *;-(
This story only reinforces my feeling that they cops did not give this guy a chance to leave when they gave him the “choice”. I think that they intended to arrest him, did not intend to really give him a choice and were just CYA when they offered the “choice”.
“A better solution would be to triple the price of beer.”
Not. For those who want to drink, it won’t matter really, they’ll still buy six or whatever. They’ll just be in a worse mood.
Expensive beer would just penalize everyone for no reason. Sounds like a Dem solution really. ;-) Just like the “no beer” policies on the beach now in my home state - penalize everyone when there are already laws on the books against the behaviors that supposedly caused problems: public disturbance and drunkenness, urination, and DUI. But now, perfectly law abiding citizens can’t legally have a beer or a glass of wine with dinner during a beach cookout.
Folks carrying guns accept many limitations on their behavior if they’re responsible. Not drinking is one of them. Self control - what a concept.
I too am a member of the VCDL. Our organization is probably the most successful state level grass roots gun rights organization in the country. We are always in the face of localities and legislators who seek to infringe on our rights in opposition to state law, and are extremely active in authoring & advancing pro-gun legislation. In fact 75 to 80% of the pro-gun legislation that has become law in the last 12 years has been either authored by or authored for the VCDL. We also actively (and I mean actively) oppose anti-gun legislation at the state and local level.
Recently we have been in the national news due to our opposition to NYC Mayor Bloombutt's illegal sting operations against gun dealers, and were successful in getting legislation passed that makes those stings a felony in Virginia.
We have also been in the forefront to get National Parks to authorize private carry as it is supported by state law.
What else do you want to know?
That's aplenty. Good on you and your organization for taking the fight onto the offensive, In states with "open carry", some folks actually need to carry openly (although I'm all for CCW).
Good point. Problem is, those who would cause problems never exhibit self-control.
“The problem, is that these anti-gun nuts are used to pushing people around. It’s refreshing to see them getting pushed back.”
I’d much rather see them get the Sh** slapped out of them.
“I’ve been thinking about things conservatives can do in civil disobedience, and I think massive open carry rallies would be great.
Like the homosexuals descend on Disney, gun owners should descend on a certain place, like Colonial Williamsburg, the Mall in D.C., etc. (public places).
The police wouldn’t know what to do in places where open carry is prohibited.
It would be a great way of taking back our rights.”
I agree with you, but then the open carry of Firearms needs to be done in public, on the steps of Congress.
Neither is a solution to anything, as both assume that everyone is a potential criminal and/or incapable of governing their own behavior.
And the net result will be that people just put clear vodka into a water bottle.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.