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To: Recon Dad

Here is the exact wording from the Virginia State Police website. You have to have and show them the card upon request, but you don’t have to tell them if you are carrying, so Roanoke City is screwed.

http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm

“The person issued a permit or in possession of a de facto permit must have the permit on his person at all times during which he is carrying a concealed handgun and must display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department upon demand by a law enforcement officer.”


25 posted on 01/01/2010 7:49:33 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: ClayinVA
So the officer should have asked for his permit. Below is a Virginia police officers view, I think it has merit.

Ask a Cop in my Email:
Subject: Concealed Carry License
Message: Say a traffic stop, is it wise to show your CCW License along with your driver's license and proof of insurance? Or better to just produce the documents requested ?(I don't drink, so it won't be a DUI.)

I read somewhere it would reassure the officer that he is not dealing with a felon.

Aside, I am a member of the Class of 1962 at Va Tech. Roanoke has certainly changed since I passed through. I think I found you through Lawdog.
I wish this is something they covered when issuing Carry Concealed Weapon (CCW) permits. Although I guess in Virginia it's technically a Carry Concealed Handgun but the common acronym around the country seems to be CCW.

Anyway, in a state like VA there are a lot of guns, legally, and we do run into them occasionally. I know the politicians would like to hear they cause problems but they don't. It's very rare to come across someone legally carrying a concealed gun. Once in a while a thug without a record is doing it but it's short lived since they usually disqualify themselves with a criminal record pretty quickly.

One of the few times that I do run into legal CCW’s is on traffic stops or car accidents. This is one of the few times that normally law abiding folks end up coming into contact with law enforcement.

Here's how most stops for traffic infractions happen. I take off after a car and I'll call it in to dispatch so they know where I am.

Me: “RoaVaPD traffic stop.” Activate blue lights and start the stop.

Dispatch acknowledges: “RoaVaPD traffic stop.”

“RoaVaPD traffic stop Mason Mill at 13th St Northeast on Oh-Nine Virginia Alpha Bravo Charlie 1-2-3-4, grey Toyota Carolla, one occupant.”

The car stops and I walk up. At this point dispatch might might run the tag and let me know if it's stolen or the owner is suspended.

I'll make contact with the driver and request their license and registration and inform them why I stopped them. When I return to my car I'll use my computer to check the car and the driver and for their DMV record and see if they are wanted.

When we do a DMV check the computer automatically checks VCIN. That's the Virginia Criminal Information Network and we pronounce it “Vee-Sin.” VCIN contains records for, among other things, stolen cars, the Virginia Sex Offender Registry, and the CCW files. If whoever I'm running (the driver) has a CCW I'll get a response with all their information (name, address, date of birth, height, weight, eye color, hair color, when the permit expires, and the court that issued it.)

At this point I usually have a short out of body experience as I involuntarily shudder from being so close to a gun I didn't know about. Rationally I know that the holder is a law abiding citizen who has been through a background check. But the paranoid cop in me wonders why the driver didn't tell me. Are they planning on using the gun when I return with a ticket? Some people don't act rationally when we issue them a traffic summons.

If you have a CCW and you get stopped here's what I would prefer, and I think most cops would agree.

Get as far on the shoulder or off the road as you safely can. At night turn on your dome light. Roll down all four windows if you have power windows. Turn the engine off and place your hands on your steering wheel. Don't start digging around for your registration card, I can't tell if you are stashing a gun or getting one out. When I approach tell me you have a CCW and tell me where the gun is. Even if you aren't carrying I won't know that when I get the computer return so just tell me.

Me: “I'm Officer Paranoid with the Roanoke Police Department, the reason I stopped you tonight is I saw you roll through that stop sign back there, can I see your license and registration please?”

You, before you take your hands off the wheel: “Yes, officer I have a concealed handgun permit and my gun is on my right hip/in my backpack on the passenger seat/in the trunk/at home I'm not carrying it tonight.”

If you are standing on the side of the road or in a parking lot after a car crash it's still the same. I'll walk up and ask each of the drivers what happened and return to my car with all the documentation. When you hand me your stuff, before I go to my car, ask to speak to me privately. Discretely tell me you have the CCW and where the gun is.

If you are a passenger in a car I won't know unless I run you. You can inform me upfront when I talk to the driver as a matter of courtesy. If for some reason I get around to checking the passengers and discover the CCW from the computer I'll have the same reaction I mentioned above.

If you go through a DWI or other checkpoint have your documents ready before reaching the officer. As you hand the officer your license, registration, insurance and CCW permit tell them where your gun is, even if it's just at home.

We often get lookouts for cars leaving the scene of crimes or suspicious activity. We'll stop cars or people who match that description and identify them and attempt to discover if they are one and the same with what was involved in the incident. You may be stopped as a purely investigative stop to identify you and see if you were involved with a crime because your car description is the same. If you didn't just rob the bank or burglarize a business etc you have nothing to worry about and will be released quickly. You may not know why we are stopping you so just be upfront about the CCW and where the gun is, even if it's just at home.

Depending on whether I'm alone or why I stopped you or my level of paranoia I may ask for the gun. I will return it when our contact is over. Some over zealous rookie may take your rounds out or return the gun with the magazine removed. Sorry about that. I won't though.

Most cops, especially when you get away from major metropolitan areas, are hunters. Many have military backgrounds, and many have their own personal firearms. Personally I'm very glad for CCW’s and I had one before I was a cop. I'm not going to bust your chops for having it. I'm a bit of a gun nut myself. In fact I've used my discretion on several traffic stops and gave a verbal warning rather than a ticket because I was grateful for the driver informing me up front and then chatting about guns with me while I admired their carry handgun.

My training in the academy about legal guns was pretty lacking. I suspect most cops are very poorly trained on legal guns. Most of what I know is self taught. I've heard nightmares (not around here) about cops who order CCW’s out of cars at gunpoint and handcuff and disarm them during the stop just because they identified themselves as legally armed. I think that's horrific and most cops probably agree with me. That's the response for someone who just committed a felony but most cops are so poorly trained about legal guns they don't know anything except high risk disarming. Keep in mind though if I think you match the description for a burglary suspect who just left the scene of the crime you may get a high risk disarming. I'll at least explain why when the dust settles. But you shouldn't get that treatment just because you are a legal CCW.

If you run into one of these cops just comply with everything they tell you to do. Arguing with us on the side of the road will never get you anything and usually tends to escalate the situation even more. If you are treated heavy handed by a poorly trained cop just cooperate. When it's over you can file an official complaint with the department. If you believe that your civil rights were violated then talk to an attorney. Your recourse is after the stop not during it. Always cooperate to avoid escalating the problem.

31 posted on 01/01/2010 8:01:42 PM PST by Recon Dad ( USMC SSgt Patrick O - 3rd Afghanistan Deployment - Day 72)
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