(PV) Virginia State law trumps city

[Jeff XD]

http://content.hamptonroads.com/stor...887&ran=175683

NORFOLK
Chester Szymecki Jr. was waiting for some music to start at Harborfest when a sheriff's deputy approached.
It was a warm June afternoon, and thousands of people wandered on and off the tall ships moored around Town Point Park. Szymecki had come from Yorktown with his wife, their three children and two children from their neighborhood.
Szymecki had brought along something else, too - a .45-caliber handgun in a holster on his belt.
The deputy asked Szymecki whether he was a police officer. He said no. And then, he said, uniformed city police began closing in. They gave him a choice, he said: Leave the event or face arrest. When he tried to say that there must be a mistake, he was disarmed and led away, handcuffed, he recalled.

Szymecki was charged with violating a local ordinance that the City Council had passed in May, which set up rules to govern Harborfest. Among them was a provision banning handguns and other weapons.
There's just one problem: A few years ago, the General Assembly barred localities from enforcing laws governing the carrying of firearms. That meant state law prevailed. And in Virginia, "open carry" is legal.
Localities today generally do not have the authority to restrict guns, said Mark Flynn, director of legal services for the Virginia Municipal League. A state law last amended in 2004 says localities cannot adopt or enforce laws regarding the purchase, carrying, possession, storage, or sale of firearms.
Szymecki was given a summons and released. When he showed up for court June 22, the case was withdrawn at the request of an assistant city attorney.
The case has enraged the Virginia Citizens Defense League, a gun rights group that has successfully challenged local gun restrictions around the commonwealth. Szymecki is a member. In the past the group has protested Norfolk's attempts to prevent the carrying of weapons in city parks.
Philip Van Cleave, the president of the league, says members plan to crowd the City Council chambers in protest at a future date.
The ordinance, he said, was "a huge mistake."
City Attorney Bernard Pishko said the city is not attempting to challenge the state law by imposing restrictions on handguns.
Pishko described the gun ban in the Harborfest ordinance as an oversight, a "housekeeping" issue. "This is one that we missed," he said. An ordinance governing Afr'Am Fest in May contained the same restrictions on weapons. Both ordinances were in effect only for the few days the events ran.
Pishko said his office has since advised police that "the only gun laws in effect for Norfolk are those in effect for Virginia."
Szymecki said the incident has changed the way he views the police. He said he plans to file a lawsuit and have a "neutral court" decide whether police violated his rights.


Sorry that the guy carrying got arrested but glad they straightened out the city law.

[limblessbiff]

looks like he is going to come out on top of this. ive seen this kind of thing happen before only it doesnt turn out nearly as well. when a bill passed that trumped pretty much all of my citie's retarded gun laws. such as no high cap mags, must have a guncard, and gun must be visible while in your vehicle, I was forced to still arrest people for it, even though a few weeks before it was well known that these laws were no longer in effect because the city protested it, as they do everything... it was really hard to pinch those guys seeing how they really werent doing anything wrong, but I was in FTO and couldnt afford to take the chance. I hope all goes well for this guy

[a6fan]

There was no 'law' to straighten out. The cops and city attorney knew the city law was bogus before the event(s). The cops are not slaves to the city attny - they could just as easily walked away seeing nothing-They made an informed decision to harass legally carrying gunowners anyway. I hope they get sued and lose millions. This crap happens all over the US by liberal run city governments - They know the law is bogus but they'll arrest anyway and apologize later- "Oh, we didn't realize......."

Rick

Hard times don't last...Hard men do

[cid_ayrbourne]

One of the things that will likely go against them in court that isn't mentioned in the article, is that he had asked - a number of times - that his hands cuffs be loosened - not removed - due to the strain that the overtightened cuffs were putting on his shoulder. (The shoulder had suffered an injury years before, and I believe it was injured in military service, but I can't recall and can't find the statement which describes it.)

Because they would not adjust the handcuffs, and forced his shoulder into an awkward and painful position for many hours, when he was finally released he required medical treatment for the shoulder.

[east_stingray]

The guy was dumb to not leave when they asked him to.

Before you flame me, I realize he was doing everything required by the letter of the law. I realize he was a law abiding citizen. The problem is that he has too much faith in the system. He assumed that he could reason with the police and that everything would be fine or would be made fine shortly. I guess he was right, but at the expense of the injury he sustained and the humiliation of being hauled off in front of his peers.

An incident not entirely unlike this happened to me not too far back. I learned the hard way that you are guilty until proven innocent when it comes to gun laws. I too had a good outcome, but it cost me a buttload in legal fees as I imagine it will for this gentleman as well.

Kudos to him for being the one to stand up and make the city admit they were wrong, but he could just as well have done that without sustaining injury and going through the risk associated with being arrested.

[aiformula]

Originally Posted by limblessbiff

looks like he is going to come out on top of this. ive seen this kind of thing happen before only it doesnt turn out nearly as well. when a bill passed that trumped pretty much all of my citie's retarded gun laws. such as no high cap mags, must have a guncard, and gun must be visible while in your vehicle, I was forced to still arrest people for it, even though a few weeks before it was well known that these laws were no longer in effect because the city protested it, as they do everything... it was really hard to pinch those guys seeing how they really werent doing anything wrong, but I was in FTO and couldnt afford to take the chance. I hope all goes well for this guy

So biff, are you still having to enforce the dictates of Rhineland or has the state AG let it be known this is not acceptable?

[Jeff XD]

http://media.hamptonroads.com/media/...unmeeting.html
NORFOLK
More than 100 gun-rights advocates, most carrying handguns on their hips and wearing buttons saying "Guns Save Lives," came to the City Council on Tuesday night to protest what they called harassment of law-abiding gun owners by city officials.
The protest was called by the Virginia Citizens Defense League, a gun-rights group, after Chet Szymecki of Yorktown was arrested in June at Harborfest for carrying a gun.
Szymecki was arrested for violating a city ordinance banning guns at Harborfest - an ordinance that officials now acknowledge violates state law. City Attorney Bernard A. Pishko said city officials were unaware of a state law prohibiting localities from banning guns.
Carrying a weapon openly is legal in Virginia, even at a large gathering such as Harborfest. Once city officials realized their error, the charges against Szymecki were dropped.
"We made a mistake," Councilman Barclay C. Winn said. "It was unintentional."
Most who came to protest didn't appear to believe it was an innocent mistake.
"You know it was illegal," said Dave Vann, who drove from Falls Church to speak. "You arrested someone, and now it's going to cost you dearly."
Szymecki, a Navy veteran, said he was manhandled and hurt and that his wife, Deborah, his three children and two other children who accompanied them were traumatized. He said he has hired Norfolk attorney Stephen Merrill.
An emotional Deborah Szymecki told the council that after several police officers were done handcuffing her husband, she was left without money or the keys to the family car.
Others rose to describe incidents in which they said they were questioned and often handcuffed by police for simply carrying a firearm openly.
"Apparently you have some officers who don't understand the law," said the president of the Virginia Citizens Defense League, Philip Van Cleave of Midlothian.
The meeting drew more rowdy as it continued, with speakers receiving thunderous applause and some expressing disgust for the council. Some used unsavory terms to describe the police.
Councilman Paul R. Riddick left the meeting as gun-rights advocates began speaking, he said, in protest of their protest.
Kim Barton, who would not say where she lives, tried to speak but was told by Mayor Paul Fraim that she couldn't because she had not signed up to speak.
"I want to hear what she has to say," Vann said.
Fraim replied, "I'm running this meeting " and informed Vann his time to speak had expired.

Good to see that the gun owner was supported, but the article shows the opinion of the city council pretty clearly. I really liked the part of Councilman Paul Riddick leaving in protest of their protest. What exactly does that mean?

[jeepinbanditrider]

Originally Posted by Jeff XD

Councilman Paul Riddick leaving in protest of their protest. What exactly does that mean?

He knows he's wrong and is taking his ball and going home.

[clench]

http://opencarry.mywowbb.com/forum54/
Here is a link to the Virginia forum on Opencarry.org.

[bowhuntr09]

Every state needs an organization like the VCDL. They actually fight for gun owners rights instead of spending all the money trying to raise more money. The VCDL is a force to be reckoned with here in VA.