Arrested in Courthouse

[Marco]

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:idea::idea::idea:

 

[Repeater]

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The problem with this statute is that it is strict liability. Same problem with 18.2-308.1.

No specific intent. No general intent. No intent, period.

The law doesn't care that you made an honest mistake. Zero Tolerance.

The problem isn't with the LEO's enforcing the law; the problem is is with the General Assembly for making the law intolerant in the first place.

No solution anytime soon, I imagine.

 

[Thundar]

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This is another example of stupid gun laws turning honest, law abidingcitizens into criminals.

I wish you well Thorsmitersaw.

 

[Thundar]

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This is another example of stupid gun laws turning honest, law abidingcitizens into criminals.

I wish you well Thorsmitersaw.

 

[UTOC-45-44]

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WOW,...:shock:

ALL my Posts have been deleted:what:.

What did I say that was wrong

 

[longwatch]

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Beats me, I haven't deleted any posts.

 

[.40 Cal]

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The Brits are controlling your posting, UTOC, and they're pissed off...:uhoh:

 

[UTOC-45-44]

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Maybe MIKE. I saw that he was on the Thread.

 

[UTOC-45-44]

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.40 Cal wrote:

The Brits are controlling your posting, UTOC, and they're pissed off...:uhoh:

ROTLMAO....:lol:. U are HILARIOUS .40 Cal

 

[Slowhand]

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Renegade wrote:

This must change now.

Laws were never intended to punish honest people who were caught in some unusual situation such as this. If the jack-booted thugs at the courthouse cared to consider the "spirit" of the law they would have recognized your honest mistake and all would be fine. It is just sad that elected officials (e.g. police chiefs, etc.) have twisted a once honorable legal system and now LEOs act upon the "letter of the law."

In PA they have a law on the books that provides storage of lawfully carried firearms for citizens when visiting county and state courthouses. I walk into courthouses all the time in PA carrying openly and simply check in my firearm - no biggie. We need a similar system here in VA!

I agree. We should be able to check weapons at the door like the LEOs.

 

[Freeflight]

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I posted this already, but.. I was at the VA Beach circuit courts and Asked them if they had a Firearm Check... He said yes they do. I didn't try it out but I will next time.

 

[Slowhand]

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AbNo wrote:

LEO 229 wrote:

§ 18.2-283.1. Carrying weapon into courthouse.

It shall be unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1....

Wait, he had the ammo, but not the gun. From the looks of things, he needs to have all three.

Or maybe I'm misreading this because I'm tired.

Edit: Also, why are car parts included in that list?

Perhaps they wrote the law to cover instances where multiple persons might try to smuggle in different components of a weapon to be assembled in the court house or even transfered to defendants to be taken back to lock-up or prison.

 

[Marco]

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We should be able to check weapons at the door like the LEOs.

Loudon County court house has lockers for public use, I discovered them asI was leaving.
The officer told me I could have secured my "ITEMS" there rather than run back to my car.
:banghead:
Hope I never need to use them but nice to know they are there.

 

[Freeflight]

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Thorsmitersaw wrote: I relay this story to you in an attempt to raise your spirits.

My "Crime" was much more than yours... And common sense prevailed in the end, although it was looking pretty grim.

Right after 9/11 when they opened the sky back up I was on one of the very first Flights. I was in a very big hurry to get on the flight and left 2, yes 2 full clips in my brief case... I didn't know they where there I swear!!!!!!! I remembered as soon as I saw the xray guy's face:what:... Oh Chit....

Anyway, I got on the plane leaving the clips at the security station after I was "Free to go",and I see throughmy window in the plane,the entire Norfolk Airport Police with the ENTIRE Norfolk Police force heading for my plane.:banghead: (I guess they had time to think about it)

They pulled me off the plane, (and the Captain of the craft) I explained to themmy mistake, they ran me through the NCIC of the dayand I gave them my CWP and my Drivers License (yes yes I know I wasn’t driving DANBUS but I was in deeeep CHIT) I relayed the entire story to them about going to the range weeks ago... dropping the clips withthe Expensive Ammointo my brief case... then forgetting aboutthem.I made sure they understood that the business end had been checked and that I had made a stupid simple bonehead mistake!!!The captain told them he would WAIT for me...he was satisfied that I wasn't a crazed person.

anyway, no charges, no nothing I didn’t even make the news… I still made my flight but lost 2 good .45 clips... Had any one of the "Responders" been a "TOOL" I'm sure it would have been different.

Get a lawyer, I'll get alot of folks praying for you too. There is lots of support/resources here, I believe we are all pulling for you!

David. aka Freeflight

 

[psmartin]

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(start snippet)
Realized I had a magazine in my left coat pocket that was lodaed but not before Isstarted empting my pockets. At this point I notified the Securitas security guard. i figured it was best to go with honesty instead of trying to gather up my shit and walk back out.
(end snippet)

HankT, I need to you weight in on this, but..

Has it occured to anyone that it was NOT discovered by an officer/guard, or detected by xray or wanding, but the individual was still in the PUBLIC/UNSECURE AREA and had not even begun the screening process?

There is ONE detail everyone is forgetting that is the saving grace here (but not without the cost of a lawyer).. The offense does not fit with the spirit of the law as it was written.

The individual did NOT ATTEMPT to conceal the item, it was PRESENTED for review prior to entering the checkpoint. Now it could be construed that "they bust people for cocaine all the time at the courthouse checkpoint". This is true, but the possession of cocaine is illegal no matter what.

It's very unfortunate that a lawyer is going to have to be hired. It could be as simple as your lawyer calling the Commonwealth's Attorney and explaining the idiocy of this charge and it may by dropped. It might go to court and be dismissed. You might loose and be facing community service &/or a fine.. But unless you hire an IDIOT of an attorney, I can't imagine that happening.

The charge, and surrounding circumstances doesn't exactly mesh with the spirit of the law.

Now if you were going through the metal detector, you beeped, and upon being wanded, you declared.. "oh... I forgot about that".. Then you're busted.

 

[peter nap]

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He repeatedly told me that THEY are the ones who ask the questions and that I am asking too many questions

That's a common statment among LEO's and you need to practise your response so it's automatic.
What I always say is....

" That's about the worst thing you could've said, This conversation is now OVER and I refuse to answer any more questions without the presence of legal counsel"

 

[DKSuddeth]

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the two policemen who handled me were extremely unprofesional and incourteous (as my experience always seems to go) as well as the dumbass redneck magistrate who basicall told me I am gonna get shot if I carry opnely in a car if I get pulled over (to which I responded that the officer would be in gross violation of the law, to which they all responded with laughs and arrogant posturing).

people wonder why we have an issue with police and the judiciary :banghead:

 

[unrequited]

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Agent19 wrote:

I did almost the same thing @ the Loudon County court house (parking ticket) except I had a 5" blade knife and a Surefire E2D, both prohibited according to the sign @ the entrance.

WHAT? I understand the knife, but a flashlight's prohibited?

 

[peter nap]

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This type of situation is why I advise people to use common sense (not referring to you, your situation was just an oversight)

Anyway.....pressing the law to the limits backfires sometimes. There was a supreme court precedent for manyyears, I believe it was Commonwealth Vs Sullivan and was known as the saddlebag rule.

In short, a cowboy came to Richmond in the 1800's and put his pistol in his saddlebag. He was arrested for having a concealed weapon. The supreme court ruled that a gun in luggage was not on or about your person.

Women were advised for years that it was OK to carry a gun in their purse.

In the 70's a woman went through the checkpoint at Henrico Courthouse. The Deputy was looking through her purse and she said "It's in the bottom"....what's in the bottom.....My gun!

She was arrested and Judge Wallace (who is dead now and may he burn in hell for general principal). Convicted her on appeal (GD had already convicted her) Wallace just said he didn't like the Saddlebag rule.

She appealed further and the Supreme Court reversed itself. No more saddlebag rule.

My point is that it was stupid to take it into a secured courthouse in the first place.

 

[Marco]

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both prohibited according to the sign@ the entrance.
I understand the knife, but a flashlight's prohibited?

there is a long list of prohibited items
I didn't read them all, just noticed the ones that pertained to me at the time.


I'll post them if I ever have the misfortune of having to make a return visit.