Liberty-or-Death
Regular Member
The above would indicate that the "forbidding" need not occur in the LEO's presence.
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Hampton Roads - OC reports
- Thread starter Thundar
- Start date
wrearick
Regular Member
disagree, as none of the offenses listed in that paragraph preceding the words "a similar local ordinance" were similar to the offense of trespass. One would assume similar was inserted in the code for a reason and is not meant to apply to "ANY" local ordinance. Nor do I see where "forbidding" vice the actual commission of the offenses is discussed as being the equivalent to committing the offense. The section does not talk about forbidding destruction of business property, it talks about the actual destruction of business property. It doesn't talk about forbidding assault and battery or carrying a gun on school property, it talks about those events actually occurring.
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Liberty-or-Death
Regular Member
My thinking is that they are similar enough in that they are all misdemeanors.
The term "forbid" is from the code regarding trespassing.
Whether I'm correct or not, the statement that such a forbidding (telling a person they are forbidden on property) MUST be in the presence of a LEO states more than the code states.
The term "forbid" is from the code regarding trespassing.
Whether I'm correct or not, the statement that such a forbidding (telling a person they are forbidden on property) MUST be in the presence of a LEO states more than the code states.
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Because something is a misdemeanor and one of the misdemeanors contains the word "forbid" doesn't begin to apply a blanket meaning to other laws.
Insofar as "in the presence of a LEO" is concerned, one of our own (Scouser) was convicted w/o the LEO's personal knowledge on hearsay related story. Went to appeal - lost. The VA supreme court chose not to hear it.
So not in the presence of a LEO means nothing when the courts will convict w/o it.
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Liberty-or-Death
Regular Member
Okay so, folks didn't follow at all what I meant. That's fine. To try and clarify further would be a waste of more time than even this is.
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So meanwhile back on the ranch, come on out to the Chesterfield VCDL meeting. It's going to be a good one.
http://forum.opencarry.org/forums/showthread.php?133651-VCDL-meeting-Wed-Aug-17th-in-Chesterfield
color of law
Accomplished Advocate
color of law
Accomplished Advocate
I'm unable to locate the appeals case of ***** v. Commonwealth of Virginia. Help would be appreciated.
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Docket #151113
May 2016 Writ Panel - Judiciary of Virginia www.courts.state.va.us/courts/scv/writ_panel.pdf
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color of law
Accomplished Advocate
I have that info, thanks. I cannot find any link to the actual court of appeals case and its opinion. If it goes by another name then I won't find it either.
I would appreciate any link.
Thanks Grapeshot....
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wrearick
Regular Member
OC'd in all the normal places - no issues. Did visit one new place, the Lucky Oyster, on General Booth Blvd. No issues.
color of law
Accomplished Advocate
Anthony Bryant Cummings v. Commonwealth of Virginia
http://www.courts.state.va.us/opinions/opncavwp/1891141.pdf
This is the only case I can find and it is clearly not the case I'm looking for. Nothing about guns mentioned.
Apparently there is no appeals case.
wrearick
Regular Member
Add Harbor Freight to the list of NONNOCs in Hampton Roads. Went to two different locations.
(NONNOC-No One Noticed, No One Cared)
(NONNOC-No One Noticed, No One Cared)
ron73440
Regular Member
I've been to many NONNOC's the last few weeks, Kyushu and Haynes Furniture in Va Beach, Tyler Home Improvement, Autozone Sport Clips, Pollards Chicken, HH Gregg, Chick-fil-A, Lowe's and Home Depot in Chesapeake.
I've even seen about 5 other OC'ers in 2 months which is more than I saw in 4 years in NC
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I've even seen about 5 other OC'ers in 2 months which is more than I saw in 4 years in NC
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Liberty-or-Death
Regular Member
The security guard at my Harbor Freight in Richmond always notices. I guess it's envy as they are toothless.
It could be because you are carrying the only tool there not made in China.
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wrearick
Regular Member
Spent the weekend camping up at Kiptopeake State Park on the Eastern Shore. Office posted with several EO50 no firearm signs but all on the inside (good thing I knew the "policy" before walking through the door. No problems around the campsite, Cape Charles or any of the other shops and stores we visited over the weekend.
Back in Va Beach on Sunday after putting away the camper, eating lunch at ARBY's observed another person open carrying who arrived on a bike. He "stowed" his weapon upon leaving and walking his bike away down the road. passed him a mile down the road and he was still walking his bike so he may have had some mechanical problems. Not sure why he chose to stow his firearm if he planned on walking but to each his/her own.
Back in Va Beach on Sunday after putting away the camper, eating lunch at ARBY's observed another person open carrying who arrived on a bike. He "stowed" his weapon upon leaving and walking his bike away down the road. passed him a mile down the road and he was still walking his bike so he may have had some mechanical problems. Not sure why he chose to stow his firearm if he planned on walking but to each his/her own.
ron73440
Regular Member
Went to Mr. Jim's Subs in Chesapeake and the lady asked what I was carrying and she told me about her Kimber .45.
Had brunch at the Butchers Son it was very crowded, but not a word was said.
Still liking it up here except for the damn traffic.
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Had brunch at the Butchers Son it was very crowded, but not a word was said.
Still liking it up here except for the damn traffic.
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wrearick
Regular Member
Attended the Virginia Beach Gun Show this weekend. State police had their table set up, charging $2 for "Private Sales Background Checks". Saw at least one person using the service. Table manned by a man and a woman in street clothes so not sure if they were State Police Officers or volunteers.
Had Lunch at the No Frill Grill at Hilltop afterwards, no issues.
Had Lunch at the No Frill Grill at Hilltop afterwards, no issues.