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Roanoke (VA) police actions spark lawsuit (concealed carry)
The Roanoke Times ^ | December 31, 2009 | Mike Gangloff

Posted on 01/01/2010 7:09:42 PM PST by Perseverando

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I was reviewing "Bang List" postings this evening and ran across this related and informative discussion of concealed carry permit holders and how to respond to LEO's during traffic stops while carrying - Don't be a gun dork in traffic stops , posted 12/31/09.

Nothing pertinent to add to story. Have at it fellow Freepers.

1 posted on 01/01/2010 7:09:43 PM PST by Perseverando
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To: Perseverando

OK....you live in VA. If asked, does one have to reveal if the are carrying a firearm in VA.???

In MN, If asked, one must respond yes or no.


2 posted on 01/01/2010 7:15:23 PM PST by ButThreeLeftsDo (FR... Monthly donors welcome!)
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To: Perseverando

I appreciate their efforts, but a few too many Virginian police officers seem to have rolled off of the same assembly line. You know, the one next to the Skoal Bandits factory?


3 posted on 01/01/2010 7:17:57 PM PST by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: Perseverando
Miranda only applies to custodial interrogation. I find it rather amusing that numerous "internet lawyers" think that there is some obligation by the police to read you Miranda rights every time they are dealing with you.

On top of that, there are numerous exceptions to the Miranda requirement.

4 posted on 01/01/2010 7:18:12 PM PST by freedomwarrior998
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To: Perseverando
I think there should be a “Don't be a concealed carry gun dork at ANY time”

It appears the stop was valid. Just answer the officers question and move on. Just because you have a conceal carry permit dose not give you the right to be a jerk. This is the kind of stuff liberals and the gun loonies use to claim gun owners are unstable!

5 posted on 01/01/2010 7:20:17 PM PST by martinidon
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To: ButThreeLeftsDo

In AZ you are required to answer. I guess you could refuse but they can revoke your permit.


6 posted on 01/01/2010 7:21:50 PM PST by martinidon
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To: Perseverando
In NC, part of the requirements for having the CCW is to inform officers in an official capacity if you are carrying.

I've never had any problems doing this in the course of going through ‘clickit-or-ticket’ and ‘Booze it and lose it’ traffic stops. Most of our local cops act like they couldn't care less. A few show some interest like you'd expect from a gun enthusiast.

7 posted on 01/01/2010 7:22:29 PM PST by TC Rider (The United States Constitution - 1791. All Rights Reserved.)
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To: Perseverando
In NC, part of the requirements for having the CCW is to inform officers in an official capacity if you are carrying.

I've never had any problems doing this in the course of going through ‘clickit-or-ticket’ and ‘Booze it and lose it’ traffic stops. Most of our local cops act like they couldn't care less. A few show some interest like you'd expect from a gun enthusiast.

8 posted on 01/01/2010 7:22:35 PM PST by TC Rider (The United States Constitution - 1791. All Rights Reserved.)
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To: freedomwarrior998
Miranda only applies to custodial interrogation. I find it rather amusing that numerous "internet lawyers" think that there is some obligation by the police to read you Miranda rights every time they are dealing with you.

Was he free to leave?

9 posted on 01/01/2010 7:23:47 PM PST by The Magical Mischief Tour
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To: martinidon

Yeah, it’s not like they’re going shoot you for admitting to carrying a handgun in compliance with your permit....


10 posted on 01/01/2010 7:26:15 PM PST by ButThreeLeftsDo (FR... Monthly donors welcome!)
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To: ButThreeLeftsDo

I don’t think so, it does not require you to answer, the police already have all of that info via license plate and driver license. This guy is about to get a 100K check from the City of Roanoke later in the year. VCDL is really good about this type stuff and Virginia Beach has had to pay out a few times for things like this. The guy would have been free to go, but the cop must have thought he was guilty of something, you would think they would learn to leave the CHP holders alone. More of the DUI exception to Constitution problem also, why was he stopped in the first place?


11 posted on 01/01/2010 7:30:34 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: TC Rider

In NC if he was carrying openly he would not have needed the CCW, now whether or not the CCW meant he had to answer if he was not using the permit’s ability is a different matter altogether.

VA is sort of funny State, AFAIK they do not have a open carry provision, and I have to wonder if his CCW prohibited him from carrying with X nu mber of feet of a House of Worship so he did not wish to own up to carrying.


12 posted on 01/01/2010 7:31:41 PM PST by padre35 (You shall not ignore the laws of God, the Market, the Jungle, and Reciprocity Rm10.10)
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To: The Magical Mischief Tour

The police were fishing, that section of town is a bad one.


13 posted on 01/01/2010 7:32:53 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: ClayinVA
The question remains, what is required of the CCW holder when stopped.

Being in Ohio I have to inform them I have a gun when stopped. If I don't I will lose the CCW.

Someone should know what's required in VA.

14 posted on 01/01/2010 7:37:28 PM PST by Recon Dad ( USMC SSgt Patrick O - 3rd Afghanistan Deployment - Day 72)
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To: martinidon

not really, if he had a valid permit and they knew that from the licence plate, there was no reason to even ask the question. This is where the City is going to get nailed on a Civil Right violation. Also, it is General Assembly time, Virginia has a part-time legislature that only meets for about 2 months, so the VCDL might get the CDL laws strengthened again. Virginia Beach has been having problems following the gun presumption law too (No local gun laws allowed).


15 posted on 01/01/2010 7:37:57 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: padre35

I couldn’t find a provision in VA laws that prohibit carrying near a house of worship.

Nor could I find a provision that states one must tell an officer whether or not one has a firearm, even if the officer asks.


16 posted on 01/01/2010 7:39:10 PM PST by stylin_geek (Greed and envy is used by our political class to exploit the rich and poor.)
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To: padre35

huh, Virginia is an open-carry state, you have to carry openly in bars and restaurants due to alcohol rules as least for another year.


17 posted on 01/01/2010 7:40:39 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: padre35

VA is really pretty straightforward. It is an open carry state and a shall issue state. VCDL is very pro-active.

I also think that this guy has a big check coming to him from taxpayer dollars...


18 posted on 01/01/2010 7:43:07 PM PST by monkeypants (It's a Republic, if you can keep it.)
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To: padre35

You can carry in a church if you have a “Good” reason, I would say going to a church on Williamson Road after dark is a good reason. Virginia is a “very-very” pro-gun and CHP state.


19 posted on 01/01/2010 7:43:30 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: ClayinVA

“I don’t think so...”

Does anybody in VA know, for certain?


20 posted on 01/01/2010 7:45:33 PM PST by ButThreeLeftsDo (FR... Monthly donors welcome!)
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