No need to take it personal. Carrying a long gun is not brandishing.
Sent from my XT1080 using Tapatalk
I don't take it personally mack, but just saying wrong with no support tells newbies the wrong message and guidance.
The facts are, Virginia's brandishing statute is so vague, it's absolutely true.
Now if the rifle is slung and stays so your reasonably safe but hand held, it depends on the observer being afraid.
A good example is when carry in national parks passed.
The park service consulted with the Va. AGs office.
I got a copy of the memo sent by the chief park ranger. He stated slung rifles were permitted but handheld were considered brandishing.
While we've gotten past this now, it hasn't been too many years that people were being arrested in va beach for having shotguns in visible racks in your vehicle.
So yes, Leo's do routinely use suspecion of brandishing to stop and I'd people.
There is no question but that the brandishing statute has been used against people who had no mal-intent and who would not have been convicted of assault.
http://law.lis.virginia.gov/vacode/18.2-282/
In layman's terms brandishing is said to require the
feeling of fear by the victim/recipient.
Assault is described as when the
action(s) of one towards another threatens violence.
http://www.virginiarules.com/virginia-rules/crimes-against-persons
https://vacode.org/18.2-57/
Additionally, carrying long guns have some special conditions in Virginia.
The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk,
Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders.
http://law.lis.virginia.gov/vacode/18.2-287.4/
So when someone says there is no difference between OCing a long gun and a handgun, yes there may be. Plus there is the public's perception of what constitutes a threat and how any complaint/call is worded.
Become familiar with the term
swatting or SWAT-ing as it applies here.
http://www.foxnews.com/us/2015/09/0...g-open-carry-permit-holders-putting-lives-at/