imported post
Talking about Federal charges in Federal Court. Example: Larry Lawful is driving near Fort Marcy Park in Virginia and carrying his Bersa in a holster on his right hip. He is yanked over by USPP Officer Haywood Jablomi and his partner Officer Jack Hoff, for having a dirty license plate. Jablomi and Hoff approach from opposite sides, Hoff notices the weapon, shouts GUN, PARTNER! and both cops draw down and order Larry out of the car. After handcuffing Lawful "for your safety and ours" and assuring him he is not "at this time under arrest"; they then ask if he can produce a "pernit for that weapon".
When Lawful informs Jablomi and Hoff that in Virginia no permit is needed for Open Carry, Jablomi responds that since they couldn't see the weapon before they approached, it was in their opinion "concealed by the car" and inform him that he is under arrest.
When the case goes to trial, Lawful tries to cite Virginia precedent and common Virginia understanding as to what "open" vs "concealed" is, ONLY TO BE TLD BY THE JUDGE THAT ALTHOUGH STATE STATUTES ARE GUIDELINES AS TO WHAT IS PERMITTED WEAPON-WISE, VIRGINIA PRECEDENT AND PRACTICE ARE NOT BINDING ON THE FEDERAL COURTS :shock:
Lawful is convicted of a felony and faces all the hardships that "scarlet letter" entails.
You can bet something like this will happen sooner rather thn later. If you plan on driving the GWP heeled, get a CHP. I have been here since 1973, and believe me I know what the USPP are like.