Virginia Citizens Defense League, Inc. (VCDL)

Virginia Citizens Defense League, Inc.
PO. Box 513, Newington, VA 22122 • 804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

10/24/06 - ACTION ITEM - We are 'go' for Staunton on Thursday!

We need to make sure that the city of Staunton understands that the police are not to harass law-abiding gun owners who are minding their own business and not breaking any laws. Action items follow. HISTORY The problem was brought to VCDL's attention when, on July 15th, SIX patrol cars were dispatched to Casa di Scotto's restaurant because EM Dave Yates and one of his friends were open carrying (as required by law) and the other friend was not carrying at all. The police demanded ID and did not let Dave or his friends leave their table while that ID check was run. The police knew before they arrived at the restaurant that there was no actual disturbance or problem, just a complaint from someone who thought a citizen having a holstered handgun and going to the bathroom was 'suspicious.' The police, upon arriving and seeing that no laws were being broken and that was no problem or disturbance, should have turned around and left at that point. That's what police in other jurisdictions, like Fairfax, have done in the past when dealing with similar situations. Dave filed a complaint on the matter. The Commonwealth's Attorney, Raymond Robertson, responded with a letter that talked about how the detention and ID check was justified. Mr. Robertson used the term, 'gun-toting patrons,' which tells you a lot about what he thinks of gun owners right off the bat. Mr. Robertson's response continues with, "In this day and age, when so many robberies occur, with **so many disturbed people open firing randomly in establishments like restaurants...**" What is Mr. Robertson talking about? Is he making this up as he goes along? (In a Freedom of Information Act (FOIA) Request, the PD denied that they have ever had someone come into a restaurant and start 'shooting it up.') Basically the letter patted the Chief of Police on the back for a job well done. Sigh. The Chief, in his response, said he would educate his officers on the legality of open carry, but that same letter contained various justifications for what his officers did and made it clear that they might do it again if circumstances were similar. He seems fixated on gun owners carrying handguns around children. (In a separate matter, EM Mike Stollenwerk has filed a FOIA request with the Staunton PD to see if they have a policy of not allowing on-duty, off-duty, or retired police to carry guns in places where children might be present - just a hypocrisy check on the Chief.) The Chief denied that Dave and his friends were 'seized.' But, to paraphrase the Chief in his response, "Sure, you were surrounded with your only means of egress blocked by several armed officers, but you weren't seized and you were free to go, even though we demanded your ID and kept you under guard until we returned your ID." So based on the Commonwealth Attorney's and the Police Chief's responses, carrying a gun openly is OK, but don't go to the restroom and don't carry where there are children present or the Staunton PD will just be doing their duty harassing you. Sorry, but VCDL isn't going to simply accept that answer. ACTION ITEMS Since the Staunton PD's complaint process is broken, the Staunton City government needs to fix it. VCDL plans to be at the next City Council meeting this Thursday at 7:30 PM and I will address City Council. IF YOU LIVE IN THE AREA COME AND SHOW SUPPORT! I will be there around 7 PM to handout 'Guns Save Lives' buttons. The meeting is in the Caucus Room in City Hall (first floor), 116 West Beverley St. The Staunton City Council website is: http://tinyurl.com/yaphya We need to let Staunton know that gun owner harassment is unacceptable and that their Police Department needs to recognize that surrounding and detaining gun owners for nothing other than lawfully carrying a firearm is legally and morally wrong. The Staunton City Council consists of: Mayor Lacy King Email: kinglb*ci.staunton.va.us Phone: (540) 885-4428 Vice Mayor David Metz Email: metzdr*ci.staunton.va.us Phone: (540) 885-7914 Councilman Bruce Elder Email: elderba*ci.staunton.va.us Phone: (540) 213-0021 Councilman Richard Bell Email: bellrp*ci.staunton.va.us Phone: (540) 448-4763 Councilwoman Carolyn Dull Email: dullcw*ci.staunton.va.us Phone: (540) 332-4043 Councilman Ronald Robinson Email: robinsonr*ci.staunton.va.us Phone: (540) 886-7037 Councilwoman Rita Wilson Email: wilsonrs*ci.staunton.va.us Phone: (540) 886-6952 If you live/work/go to school or frequently visit Staunton, call and email all of them and ask them to have the police stop harassing citizens who are lawfully carrying firearms for self-defense. Tell them that they need procedures to PROPERLY handle calls about citizens with guns, so that that they don't scramble the entire department because someone openly carrying a handgun decides to go to the bathroom. Suggested email: TO: kinglb*ci.staunton.va.us, metzdr*ci.staunton.va.us, elderba*ci.staunton.va.us, bellrp*ci.staunton.va.us, dullcw*ci.staunton.va.us, robinsonr*ci.staunton.va.us, wilsonrs*ci.staunton.va.us SUBJECT: Stop Staunton Police Department harassment of gun owners! Dear Staunton City Council: I am shocked to learn that the Staunton police recently dispatched 6 squad cars to a restaurant simply because 2 concealed handgun permit holders decided to follow Virginia law and openly carry their handguns while eating food. Everyone should know by now that Virginia law prohibits concealed handgun permit holders from carrying their handguns *concealed* when inside any a restaurant licensed to serve alcohol for on-premises consumption -- so, by law, they have no choice but to carry openly. This has been the law for nearly 10 years now. How long does it take for the Staunton PD to learn and comply with Virginia law? Worse, the police arrived not only to investigate, but to harass the citizens by surrounding them and demanding identification, thus embarrassing them in front of other members of the public. And upon finding no broken law to charge the citizens under, the police proceeded to counsel to restaurant manager with an eye toward convincing her to ask the citizens to leave the restaurant or, incredibly, put their guns in unattended cars! This police abuse is unacceptable. The police should have left the restaurant once they saw that no crime was being committed and the gun owners were peaceably eating their meal. What if these law abiding permit holders had exercised their rights by refusing to show ID to the police? What if the permit holders had decided to leave the restaurant on their own accord while the table was surrounded by police? Despite what Police Chief Jim Williams claims after the fact, it's very possible that the officers on the scene would have arrested the citizens for obstruction of justice (in violation of the Attorney General Opinion 2002-82, which holds that citizen refusal to identify themselves is not grounds for detention or arrest in Virginia). The Police Department needs some guidance from the City Council. Please direct the City Police Chief to institute new departmental procedures and training to make sure that this does not happen again. Sincerely, YOUR NAME YOUR ADDRESS ***************************************************************************