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Interesting case in Virginia- Weapons charges
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Author:  speezack [ Tue 27 Oct 2009 09:15 ]
Post subject:  Interesting case in Virginia- Weapons charges
Recently, I bonded a young man out of a local jail who had several weapons violations placed on him.
I have contacted the NRA but to date have not heard from them on this case. Curious I think...

The defendant was in possession of an AK-47 "look alike" SEMI-AUTOMATIC firearm that was on the back seat of his vehicle. He was stopped for speeding but was not charged with that infraction... only the following charges were placed on his recognizance.

1. Concealed weapons violation WP-5202-MI; 18.2-308
2. Machine gun possession w/ intent on aggressive purpose WPN-5226-F4; 18.2-290

Now here is why I find it interesting.
1. This weapon is classified as a "rifle" not a handgun and as such, doesn't it fall into a different class as to CCW permits??? besides, it was laying in plain site on the back seat of the car and was not loaded... the ammunition was in the glove box... the gun was in the back seat, separated as required by law for transport.
2. This weapon is not a machine gun... it is a semi-automatic weapon and although it "looks" like a machine gun... it certainly is not.
3. The 'intent' charge was related to the magazine which was a 30 round mag and the officer said it was in violation of the ban on 'high capacity' magazines... well, first of all, that ban was lifted as far as I know a year or so ago, and second it related to handguns, not rifles... this weapon has as standard issue, anywhere from 10 to 40 round magazines that are legally available.
4. This weapon is legally registered to this defendant... although in Georgia... and as far as I know, there is no regulation as to transport through Virginia other than being unloaded with the ammunition in a different place.

He presented the registration info the the policeman but was still arrested and bonded...

So, what do you folks think .......................... :?: :?:
Author:  Mdbtyhtr [ Tue 27 Oct 2009 10:04 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
I think he needs an attorney! I agree with you, Bill, and possession of anything, in and of itself, is not sufficient to prove intent. You are equipped to be a rapist, but alas, you are not.

Scott
Author:  abeaglepi [ Tue 27 Oct 2009 14:18 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
Wow, that is amazing. I believe he was fully within his rights. He definitely needs council, and I believe he could have a good civil suit on his hands.
Author:  midwestfr [ Tue 27 Oct 2009 14:39 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
Up here in the North, that would fall under a DNR violation for not being enclosed in a carrying case. Other than that, it is considered to be a rifle. They're kind of the big seller up here and can be purchased at Fleet Farm with a 30 round clip. As former LE, I don't see how it can be considered concealed unless it was covered up with a blanket or something. As for intent, I can't see anything here that would suggest how it was to be used. Up here that would never fly in court. I'm not sure about the Virginia laws. Our carry and conceal laws allow you to open or conceal carry a shotgun or rifle other than transporting it in a vehicle. It has to be enclosed within a case, unloaded, and ammunition must be separate.
Author:  KARMA [ Tue 27 Oct 2009 16:14 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
We had a guy similarly charged here . . . he had been out shooting and he and his gal pal were on their way back home when they got pulled over . . . and subsequently "charged" . . . first appearance in Court . . . he spoke with the Prosecutor, charges DISMISSED . . . weapon returned and I got to keep my bond prem.
Sounds like the Arresting Officer may have gotten a little spooked :| Def needs a Lawyer . . . one that "knows" the gun laws
Author:  speezack [ Tue 27 Oct 2009 18:03 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
I am still upset that the NRA did not return my call.... and I told them in the message that I was and had been for over 30 years.... a member.... a life member.... guess they are too busy.... but this would have been a good case for them... if anyone has an inside line on the NRA.... ask them to call me... the cell in my sig will work.
Author:  Kathy [ Tue 27 Oct 2009 18:24 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
It sounds like an overzealous LEO. Hopefully the DA will dismiss and the officer will be reprimanded. Good luck in getting anything else out of it. Ignorance of the law appears to be a legitimate defense when it comes to LE, but not for the citizen.
Author:  S_Thompson [ Tue 27 Oct 2009 19:08 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
I will say that there are always two sides to a story but........

With the information you have supplied he was completely in the right and followed all laws i believe, he may have been iffy with the rifle on the back seat because he still had both rifle and ammo within reach, but they didn't charge him with that.

I believe the defendant has a good case.
Author:  KARMA [ Tue 27 Oct 2009 20:12 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
Steve . . . that should make no difference as the weapon was not "concealed". In the case of my client it was in the backseat.
Author:  Kathy [ Tue 27 Oct 2009 21:25 ]
Post subject:  Re: Interesting case in Virginia- Weapons charges
Ironically, it seems that most states don't consider long guns (ie: rifles, shotguns, etc) as falling under the concealed weapons laws, or subject to as strict laws since they are used for hunting, etc. At the same time, with all of the violence and "perceived" danger that the ObamaNation, following the sheeple Democratic lead have associated with weapons, it seems that many automatically assumes an evil intent by anyone that possesses one.

Thank goodness my state has expanded the "make my day" law to include businesses and vehicles. I do have a CCW to carry in any legal area, but for the citizen that hasn't taken that step, it is good to know that they can protect themselves. Open carry for handguns is legal throughout the state, except in Denver City and County, where they won the lawsuit claiming that it was a danger to the population to open carry, but lost the concealed carry part. That still only applies to handguns that are what are only covered under the CCW law, not other weapons. Anybody can still walk around with anything not considered a handgun without being arrested. Unless of course, they aren't allowed to have a weapon...
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