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Open Discussion/Thread – Open Carry of Weapons
October 8th, 2008 by Scott

The Virginian-Pilot has been giving a lot of press time to Norfolk Councilman Riddick, I mean to the subject of openly carrying a weapon in the city.

In the Commonwealth, it is perfectly legal to carry a weapon openly anywhere in public.  Individual, non-government entities can demand that you not carry openly or concealed within the confines of their purview.  For instance, Starbucks can have a no weapons rule for their stores and carrying inside can be a violation of the law.

This articles in not one of discussion the law.  Let me try that again.  That was “before coffee”. (Thanks Lorraine!!!)

This article is not meant to discuss the law about open carry.  The bottom line is it is legal to carry openly.

The question is this:

How should the police, who have been sent on a call for service, handle the “guy standing on the sidewalk with a gun on his side”?

Do you feel they can legally approach?  If the person who is approached doesn’t want to talk to the police, can they press the issue?  How far?  Can they detain if there is no violation?  Since open carry is not a violation in and of itself, how should the police interact?

Your thoughts please…

Virginian-Pilot article:  http://hamptonroads.com/2008/10/gun-advocates-say-rights-are-violated-police-officers

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6 Responses  
  • cargosquid writes:
    October 8th, 2008 at 08:17 am

    When the call comes in, the dispatcher should get more information, such as, whether the gun owner is brandishing the weapon, or is the weapon safely holstered. The police can tell from a distance whether a law is being broken. If an armed person is going about their business lawfully, they should not approach.
    Heck, open carry is REQUIRED by state law in restaurants. A citizen carrying a weapon is still within his rights. No police should be able to violate those rights. The police need to be educated and need to explain to the public that its perfectly legal to open carry.

           
  • RightsideVA writes:
    October 8th, 2008 at 09:21 am

    Where is the ACLU to represent and support the law abiding citizen that is practicing his right to carry a weapon? They would be there, actually probably already are in, the Starbucks to protect their “Rights” to keep armed citizens out of their coffee shops. I just saw a Obama commercial telling me how Obama supports my gun rights but what side of the Starbucks counter would obama be on?

           
  • Sailorcurt writes:
    October 8th, 2008 at 10:35 am

    Do you feel they can legally approach? If the person who is approached doesn’t want to talk to the police, can they press the issue? How far? Can they detain if there is no violation? Since open carry is not a violation in and of itself, how should the police interact?

    The Police can always legally “approach” someone. They can ask pretty much any question they want, however, short of an “articulable suspicion” that a crime has been, or is about to be, committed, they have no authority to detain.

    The citizen can refuse to answer questions of an officer (other than providing a name, which, if I remember correctly, is required by current case law), can refuse to provide identification and can refuse to speak to the officer at all.

    Lawfully open-carrying a firearm is not sufficient cause for a “Terry stop”, refusing to answer questions (other than possibly providing a name) is not considered an “articulable suspicion” that a crime has occurred or is about to occur.

    The law is clear and the Norfolk Police department routinely violates it. They generally get away with it because most of the citizens either don’t know their rights, or choose to waive them for convenience. Unfortunately for the authorities, they’ve begun to run across citizens who are not only aware of their rights, but are willing to endure some inconvenience and personal hardship to exercise and defend those rights.

    We do not live in a police state and the sooner Norfolk figures that out, the better off all residents of our fine city will be.

           
  • Rick Caldwell writes:
    October 8th, 2008 at 10:58 am

    Scott, I think you know where I come in on this issue. When the police get a call like this, I do believe they should respond, but not approach. The dispatcher who takes the call, as suggested above, take time to learn whether the weapon is being brandished. I’ll go a step further, to suggest that the dispatcher should inform the caller that open carry is, in fact, legal.

    But when police approach someone who is not breaking a law that person has no obligation to talk to them. If police attempt to detain, it is harassment, and the individual cop responsible should be open to civil action.

    I’m also in full support of a business owner to prohibit weapons from being carried on their property. My mother doesn’t want me bringing my guns onto her property, so I do not. Why should a business be any different? Property rights are property rights.

           
  • MIchael Tefft writes:
    October 8th, 2008 at 11:43 am

    I pretty much agree with cargosquid. If a call comes in the dispatcher should get all the information and inform the caller that it is legal to carry an open weapon. The police should not be dispatched unless the caller says the person is brandishing the weapon or acting in a threatening manner. A citizen should not be unduly harassed if his/she is breaking no laws.

           
  • Bleh writes:
    October 12th, 2008 at 21:42 pm

    I was dispatched to this very situation at a local grocery store. W/M with a LARGE gun on his side in the store, don’t know if he’s gunna rob us, that’s what the caller said. I got lucky, I saw an NRA sticker on a truck when I arrived, ran the tag, got a name, and went into the store. Found a W/M w/a LARGE gun on his side and called him by his name. He said, “Hey”. What I also found when I ran his tag, concealed permit. I asked him one simple thing……”You have a concealed weapon permit, can you conceal your weapon so no one else calls, the shoppers are getting concerned”? He smiled and said, “I’m sorry. My shirt was a little tight so I kept it out. No problem”. No rights violated, no one harmed in the making of this police call, another legal citizen exercising his right as an American!

           


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