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Manassas Park Harasses Another Resident

By Greg L | 20 July 2008 | Manassas Park | 43 Comments

Looks like our friends in Manassas Park are up to business as usual, given this plea for help from a local resident.  From the looks of this they guy was doing nothing wrong, and officers from the Manassas Park Police Department resorted to making up laws to threaten him with after they realized they had no justifiable basis to detain him.  This is ridiculous.

On Saturday, Jul 19, 2008, the Manassas Park Police department came to my home a 9325 Cougar Court, Manassas Park, VA. 20111 based on a false claim made by a neighbor that I brandished a firearm which was wholly without merit and absolutely baseless. This neighbor is Latino and I have filed numerous complaints against this household for a variety of violations. Three police officers came to my home, took my sidearm, and questioned me and lectured me for nearly an hour about my rights.

I was advised that it was totally legal for me to bear arms on my property but that it “disturbed my illegal immigrant neighbor”. They questioned me relentlessly regarding my right to bear a firearm on my own property and then suggested that because I live near a school that it may not be legal for me to carry a firearm on my property. They threatened to arrest me but they could not substantiate the unfounded claim of the resident of the house next to where I live.

They were polite but every time I objected to their questions they told me I was being adversarial, belligerent and they then questioned me as to whether I had been drinking suggesting I was intoxicated which was totally unfounded. None of which was true. They left without placing any charges which they had absolutely no grounds but they clearly were threatening in their demeanor and absolutely challenging my right to open carry on my property. I want to pursue this matter as I feel the police stepped well beyond their boundaries and I felt as though I was being treated like a criminal. Can you help me…this is a big problem. I was on my property, open carry, I did not brandish my weapon but I was interrogated and threatened by arrest….Can you help. I do not want to let this lie….This was totally wrong, I am a responsible gun owner, safety certified, trap and skeet shooter, and firearm qualified.

–John Everhard

I think it’s time folks started making a point to exercise their state and federal Constitutional rights in the city of Manassas Park.  Law enforcement harassing gun owners who are behaving lawfully on their own property tells me that they’re unfamiliar with the notion that citizens retain their rights to provide for their own defense.  If police started seeing plenty of citizens asserting these rights, perhaps they’d stop looking at this as an invitation to harass residents.



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43 Comments

  1. Arlington Minority said on 20 Jul 2008 at 2:30 pm:
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    From the get-go, the PC police assume their very existence is nine-tenths of the law. In this matter, the gun-owner should file charges against both the police and the Latino neighbor for malicious harassment, then go to the press.

  2. LegalPWC Citizen said on 20 Jul 2008 at 2:48 pm:
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    One-sided story here. All of this came from Mr. Everhard. It would be interesting to know what the “false claim made by a neighbor that I brandished a firearm” actually entailed. The police, as I see, have an obligation to investigate complaints to determine validity. If I were a police officer and received a call about someone brandishing a firearm, I think it would be wise to have backup officers respond with me. I guess I question, what exactly was threatening? The presence of 3 officers, the investigation, the manner in which it took place or all ? If the officers were polite, as stated “They were polite …” was Mr. Everhard not cooperative to have them accuse him of “being adversarial, belligerent and they then questioned me as to whether I had been drinking.”
    Seems to me there may be something missing to this story ???

    If I, as a citizen, call in a complaint, I would expect the police to investigate
    the call. Then again Mr. Everhard may have a valid complaint and should ask for an investigation of the officers’ conduct. If not through Manassas Park Police command then through Virginia State Police.

  3. Anonymous said on 20 Jul 2008 at 3:13 pm:
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    As a resident of Manassas Park, I would do one of three things.

    1. Talk to Chief Evans directly (given the circumstances, I could see where Mr. Everhard might want to do to that.) I find him always willing to listen when I have had a problem in my neighborhood.

    2. Call Mayor Jones (number available on the city’s website) and/or the city manager Mercury Payton, if you want address it at the next level.

    3. Go to the next citizen’s time at the Governing Board meeting to air it with them and the larger community. The date is available again on the website, but I want to say it is the third Tuesday of the month. Since the reporter Kipp is usually there, it would probably get you in the paper as well.

    If you feel that you have been harassed, you might want to file those complaints as well. Especially against your neighbor. I know the MP Police Department is much maligned here on this blog - my experiences with them have left me with a more positive impression of the department than is usually presented here.

  4. Anonymous said on 20 Jul 2008 at 3:24 pm:
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    I too have had nothing but good experiences with them. I have called them a few times in the past few years about rowdy neighbors and the like and they were always responsive. I even had one politely let me know that I had not put my new city tax sticker on my windshield instead of him pulling me over. I’d say their concern was warranted over this incident but maybe the way they handled it was wrong.

  5. es_la_ley said on 20 Jul 2008 at 3:24 pm:
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    Good God, is this Russia?

    Mr. Everhard should contact the VCDL and a lawyer. Open-carry is not only lawful, especially on your own property, it’s a RIGHT.

    Sounds like he has a neighbor that got pissed about complaints against him and used a “brandishing” complaint to harass the dude.

    The LEO’s took his firearm because it “disturbed [his] illegal immigrant neighbor”. Oh, yeah, in the same shoes I’d be pushing this for all that it’s worth.

  6. BattleCat said on 20 Jul 2008 at 3:31 pm:
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    Sounds to me like it’s the po-po that doesn’t understand the law here. These particular cops might want to check out openings in the DC police department. They’re Fenty’s kind of guys!

  7. chunkymunky said on 20 Jul 2008 at 4:33 pm:
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    if you were just carring the firearm outside your house i.e. holstered, then that’s fine of course.

    I’ve heard in the past where people called in brandishing complaints on people they say open carrying, those people are ignorant but the cops are duty bound to respond. This should not take but a second to clear up on response.

    If the cops actually said “disturbing illegal alien neighbor” then there’s a problem there. first who cares of the guy was illegal, second how would the cops know he was illegal, if they had proof how come ICE was not called? In any case, the cops shouldnt be interrogating citizens if it was obvious the person was not swing his gun everywhere (that’s brandishing) or threatened someone with a firearm.

    it’s highly likely that illegal saw the weapon on the hip, was alarmed, and took the time to call the cops. he’s obviously ignorant but then again, maybe not. i would have the cops there at his house every night for every minor noise complaint (no matter how small) keep the heat on him and keep it coming…I did this to my next door neighbor (suspected illegals) and they moved out pronto. I had the PWCPD at their house about once a week on average and they hated it.

  8. Benton said on 20 Jul 2008 at 5:15 pm:
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    ” was advised that it was totally legal for me to bear arms on my property but that it “disturbed my illegal immigrant neighbor”.

    This is a serious problem and should be reported to the State Police. They investigate local agencies. There is no listing for the name, however, the call is recorded and foia-able. Think this is one of those victimless crimes, the victim does not have to make the complaint. It was made here and anyone can make the complaint about the MP Police….. for the common good and all.

  9. bloomie said on 20 Jul 2008 at 5:49 pm:
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    OMG your hispanic neighbors reported you to the police? Their response sounds just like the s*** I get when calling the MPs finest. Here’s their questions, don’t you like those people, what did you do to the etc. As soon as we are able to dump this place we are out of here. Let the latinos have it. My end of the hood is already a third world country. For people who 9 times out of ten are illegal here, they really think they know their rights.
    So sorry the keystone cops don’t know the law or your rights as a citizen.
    This does not surprise me as the police don’t seem to know that large, commercial trucks can not be parked on the street.
    I’d just get an attorney and raise some h***.
    Good luck!

  10. mnd said on 20 Jul 2008 at 7:01 pm:
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    In light of Heller, 18 U.S.C section 242 might be a good read.

    Regardless “brandishing” has specific statutory meaning in Virginia. (See 18.2-282) Sounds like this neighbor needs to be charged with filing a false report.

  11. former COM employee said on 20 Jul 2008 at 7:09 pm:
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    Maybe I am in the minority here, but if the police did anything wrong, I would like a little evidence. The police went to the gentleman’s house to investigate a report of a crime. Now Mr. Everhard makes claims against the MPPD. My question is, does he have any evidence that the police did anything wrong? It sounds as if the police came to his house, investigated a report of a crime, and found it baseless and left. Now if the MPPD officers were rude or impolite then maybe Mr. Everhard should file a complaint. But like many others, I have had nothing but good dealings with the MPPD. Remember, we all have bad days, if what Mr. Everhard claims is true, was he harmed in any way? My guess is not really. I know that will not sit well with many, but again, we all have bad days. In addition, In Mr. Everhards own words, the police were polite and only questioned his right to carry near the school. They didn’t attempt to take his sidearm. Is it possible that just maybe the MPPD wasn’t having a bad day, but Mr. Everhard was and just maybe he was rude and belligerent because of the circumstances, which might even be acceptable in this situation? All we really have here is a gentleman who has made a claim that so far has not been substantiated (sp?). Just a thought here!

  12. Elvis said on 20 Jul 2008 at 7:53 pm:
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    it’s pretty tough to get picked up for a brandishing claim unless the people reporting you are going on record saying you waved a firearm around in a threatening manner. Just about every brandishing charge I’ve heard about was dropped or not even filed not withstanding the waving the gun around thing. It’s really got to be obvious you are brandishing. Just carrying a weapon around is not “brandishing” nor are weapons in a holster. I open carry sometimes and it freaks my hispanic neighbors out but I really dont care, if they are stupid enough to call the police for it then so be it.

    for example if you were driving along and someone cut you off, and you just popped your pistol up to the window to show someone you were armed, that’s brandishing.

    otherwise it’s nothing if you just carry it around. If the cops treated the person rude, I would be on the phone to the chief of police most quickly and then I would be hitting up the papers if I didnt get a good response.

    so most brandishing reports are either ignorant people or people looking for a little payback of some sort. the latter need to be cited for filing a false report.

  13. TTTTP said on 20 Jul 2008 at 7:55 pm:
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    That calling the cops on the neighbor that turns them in to the county is in the CASA 101 handbook. I have been a victim of this tactic many times. Usually they will try and talk to the police first and insinuate 1) You are violante, 2) you have firearms, 3) you are drunk.

  14. Anonymous said on 20 Jul 2008 at 8:14 pm:
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    If you really want to show your diligence, to demonstrating your rights… offer up an open carry barbecue at your house and see what the neighbors think about a yard full of armed citizens enjoying the company! There is a local group that is fairly active… (luncheons, dinners, storming city hall, etc)

  15. former COM employee said on 20 Jul 2008 at 8:21 pm:
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    Anonymous 8:14, while I wholly support the right to bear arms and would even fight to the death to defend that right if asked, don’t you think having a picnic full of people open carrying just to upset your neighbors is a little childish? That sounds like a great way to make friends with your neighbors. Remember, even the best neighbor, who you get a long with, may not respect your right to bear arms in such an intimidating manner.

  16. monticup said on 20 Jul 2008 at 8:41 pm:
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    Another story that needs to go national. Send it to Michael Savage or Glenn Beck.

  17. mnd said on 20 Jul 2008 at 9:33 pm:
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    former COM employee,

    So are the police “bearing arms in an intimidating manner” or is there a valid reason they’re being so brazen in displaying their guns?

  18. Anonymous said on 20 Jul 2008 at 9:39 pm:
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    Check out www.opencarry.org

  19. Anonymous said on 20 Jul 2008 at 9:40 pm:
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    Monticup - Savage may be out of a job soon, so probably better to go with Beck.

  20. former COM employee said on 20 Jul 2008 at 9:44 pm:
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    mnd, you are an idiot. Anonymous 8:14 himself insinuated that his picnic would be intimidating. My point was is having a picnic with a bunch of friends exercising the constitutional right to bear arms the best way to handle a situation to make a point with one neighbor that may cause a backlash with other neighbors who you may get along with. I was always taught that before you act upon impulse, you should stop and think about the unintended consequenses. please don’t patronize me with your idiot posts. My short time on here has taught me that if you want to be taken serious, don’t try to embarrass people you know nothing about because they may be a lot smarter than you!

  21. Tom said on 20 Jul 2008 at 10:25 pm:
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    Chunkymunky, you said: “i would have the cops there at his house every night for every minor noise complaint (no matter how small) keep the heat on him and keep it coming…I did this to my next door neighbor (suspected illegals) and they moved out pronto.”

    Boy, I am glad I am not a legal hispanic neighbor of yours — ’cause if you suspect me, I’ll be seeing a lot of the police, it seems. I guess we have found the solution for unwanted neighbors!

    I really fail to see how harassment of folks we “suspect” to be illegal (what does that mean, anyway?) helps the larger case for enforcing our laws. Let’s stick to the high road and don’t give the apologists for illegals any ammunition!

    If supporters of the law come across as xenophobic or simply rude, who does that help? We only look like bullies or racists, and are then that much easier to write off and ignore. I support the enforcement of law, but, frankly, many of like mind — including a few that post comments on this blog — are a bit offensive and off-putting.

  22. Diversity Gal said on 20 Jul 2008 at 11:28 pm:
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    Tom,

    Excellent point!

  23. mnd said on 20 Jul 2008 at 11:42 pm:
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    former COM employee,

    He insinuated? I replied to YOUR WORDS.

    Anyhow, I know I’m close to the ten-ring when I start getting called an idiot. I don’t know what to make of the dick-sizing you decided to end your reply with though.

  24. Anonymous said on 21 Jul 2008 at 12:33 am:
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    former COM employee said on 20 Jul 2008 at 8:21 pm:
    Anonymous 8:14, while I wholly support the right to bear arms and would even fight to the death to defend that right if asked, don’t you think having a picnic full of people open carrying just to upset your neighbors is a little childish? That sounds like a great way to make friends with your neighbors. Remember, even the best neighbor, who you get a long with, may not respect your right to bear arms in such an intimidating manner.

    Go back to bed!

  25. Anonymous said on 21 Jul 2008 at 12:57 am:
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    A lawyer is in order for Mr. Everhard and he should charge his neighbor for filing a false police report and report the alleged badgering by the MPPD to the MP Chief and VA State Police for an investigation. Every citizen has a right to speak and to not be intiminated by three police officers which according to Mr. Everhard’s statement, they were attempting to do.

  26. monticup said on 21 Jul 2008 at 9:27 am:
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    The question is: Why are cops saying, “how high?” when an illegal alien says, “jump!”? I agree with anon. Mr Everhard needs to hire a lawyer and play hardball.

  27. Johnson said on 21 Jul 2008 at 5:39 pm:
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    The last time I took a brandishing case to court, the Judge wanted to know if the firearm was displayed or pointed. Pointed it was, and the guy was convicted. Sounds as if the illegal alien thinks he’s getting back at the gringo for some slight, real or imagined. I hope that the city will respond as quickly when the illegal takes his next revenge, such as vandalism.

  28. es_la_ley said on 21 Jul 2008 at 7:26 pm:
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    I’m curious if he got his firearm back.

    Always keep a spare (or two). :-)

  29. former COM employee said on 21 Jul 2008 at 10:13 pm:
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    Just a couple of observations 1. almost everone on here is assumming the neighbor is illegal, how does anyone know that to be the case. 2. Mr. Everhard puts in quotes a statement allegedly made by MPPD “disturbed my illegal immigrant neighbor.” If the MPPD made such a statement then they should be punished for that comment. 3. I only pointed out rumors that were being portrayed as facts. I only insulted one person, mnd, because his/her 9:33 post was just a stupid attempt at sarcasm that served no purpose at all. 4. mnd, not sure what the heck your 11:42 comment is about. Please read the posts and maybe you will figure out what I was talking about in my 9:44 post. 5. I apologize if I upset anyone else, I was only trying to point out that no one on here really knows what happened that night and we all know how stories can be changed, interpretted (sp?), and jsut plain made up in the heat of the moment.

  30. Red, White and Blue said on 21 Jul 2008 at 10:23 pm:
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    This person has the RIGHT to bear his (or her) firearm, open carry, with or without permit in the State of Virginia - cutting his grass, walking his dog, going to the bank, mall or just walking around. Crime does not contact you before it happens and if you get the VCDL letters and the NRA magazines, the Armed Citizen, it is clear criminals attack in all places, at all times and in all manners.
    The issue is the police. Yes, John Evans will certainly listen to you and is a very good man. However, I can provide a wonder video available on the internet by a former defense attorney and now, professor of law, to NEVER talk to the police on ANY matter that could cause to be a suspect or lead to your arrest - NEVER. The following video is from a police detective from Virginia Beach who states clearly, that the Professor is “completely correct” (never talk to the police without your attorney).
    Since the person has, I strongly encourage a talk with Chief (Evans) first. If not satisfied, contact and join the VCDL for followup. The Tony’s Pizza incident of last year as well as some others put the rights of citizens in the forefront against over zealous police.
    I carry a gun everywhere that is legal. When I travel, Mr. Colt goes with me. When I cut my grass, walk my dog or just chat with my neighbors, I am armed, either open or concealed.
    It is clear that the neighbor is using OUR system against us and we good Americans need to support all of our freedoms and the right of good people to exercise them.
    If the police were over bearing, the Chief needs to know NOW. And I encourage continue open carry at will without fear of the neighbor and his calls. Since no charges were preferred, it is clear that none were warranted and no laws broken. The police need to support the oath they take to protect and defend the Constitution of the United States of America and NOT tell people how and when it applies because they don’t like something.
    Don’t let the neighbors win on a NON-issue! Don’t let others opinions on how and when to carry discourage a legal gun owner either.
    Finally, don’t talk to the police! Here is the 2 post. It maybe the best advice ever given. It is VERY important to see the 2nd video as well - compelling! Copy and paste.
    http://video.google.com/videoplay?docid=-4097602514885833865
    http://video.google.com/videoplay?docid=6014022229458915912

  31. Anonymous said on 22 Jul 2008 at 7:58 am:
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    former COM, as the person who originally posted about a picnic (8:14), I can say that the picnic was not meant to be intimidating gesture. It was supposed to be a show of support! It would also be an excuse for those of us who do actively open carry to meet some more of our local neighbors.

    The fact that the neighbor called to police, that is just a childish act and looking to use a tool to get someone in trouble when they are too cowardly to actually use calm discussion to settle the issues. Holding a picnic will show the MPPD that there is a lot of strength and support for individual rights in this area and abuses of perceived power do not go without notice.

    Most people who are even mildly active in 2nd amendment preservation and have taken the time required to be prepared to defend themselves and their families do find it insulting that you believe we carry a tool of defense just to get our way. There is nothing farther from the truth! If you actually open your eyes and look around, there are many people who take their rights seriously. Just because you may be afraid of upstanding citizens, doesn’t mean everyone is. Open carry or concealed carry, they are around you. The people who carry legally are among the most law abiding demographic in many studies. They understand that if they screw up, it will hurt them and their families for LIFE!

    The police however should know better than to treat everyone as a criminal! Most of the people the come in contact with have placed calls for service. I would hope that after the issue last year in Manassas, that the officers would be aware the trampling ones rights just because he has a sidearm will not be tolerated. The police chief newsletter has even addressed this issue several times as it is becoming more common for people to take their own defense seriously.

    Open your eyes!!

  32. Rob Smalls said on 22 Jul 2008 at 9:58 am:
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    Anonymous on 22 Jul 2008 at 7:58 am:

    Excellent reply, and good points all the way around. If you do set up (or hear word of) an open carry picnic, please put me on your guest list.

    robsmalls@yahoo.com

  33. former COM employee said on 22 Jul 2008 at 8:23 pm:
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    Anonymous I accept and believe your explanation. I just wish other people on here could hold a decent conversation and lay off the sarcastic remarks like mnd’s comment at 9:33. Comments like that do not further any point to the conversation.

  34. mnd said on 23 Jul 2008 at 9:37 am:
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    former COM employee,

    Please.

    You went off on a point that you had no logical basis to support and got called on it. You can’t claim that open carry is in any way “intimidating” and not have it apply to police officers as well.

  35. former COM employee said on 23 Jul 2008 at 8:13 pm:
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    mnd, you are still an idiot. Just now you are an even bigger idiot. Nowhere did I claim that open carrying is intimidating. I said that having a picnic with a bunch of friends may seem intimidating to neighbors you may be friends with. I also said that having such a picnic simply to intimidate a certain neighbor may be childish and may cause troubles with neighbors that you get along with. Anonymous responded back with a LOGICAL and SINCERE response, unlike your idioticc response,which I accepted. You however, claim police officers wearing their sidearms may be intimidating. I hope they are. I would also hope that any private citizen who is wearing a sidearm is intimidating to a criminal. I just don’t think it is the wise thing to upset well meaning neighbors. You respond with some dumba$$ comment about police officers being intimidating not making any logical sense at all. My responses made clear logical sense as anonymous was able to provide a logical reponse which I understood. You on the other hand come back with a response that I am not quite sure what you are trying to prove and make claims of written quotes from me that if you took the time to read can clearly see I never wrote.

  36. Rob Smalls said on 24 Jul 2008 at 8:30 am:
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    Former COM Employee -

    mnd has the better of this argument. You contradicted yourself in the space of two sentences. From your last post:

    “Nowhere did I claim that open carrying is intimidating. I said that having a picnic with a bunch of friends may seem intimidating to neighbors you may be friends with.”

    It’s not just a picnic that you branded as intimidating, but rather the fact that it’s a venue that people would be exercising open-carry rights. If you really do mean that “having a picnic with a bunch of friends” is an exercise in intimidation, perhaps you should tread more carefully before branding someone else’s ideas as “idiotic”.

    Your penchant for namecalling doesn’t help your case either. Ad hominem doesn’t further the debate, now matter how strenuously you disagree with someone’s point.

  37. Anonymous said on 24 Jul 2008 at 12:15 pm:
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    Rob Smalls said on 24 Jul 2008 at 8:30 am:
    Former COM Employee -

    mnd has the better of this argument. You contradicted yourself in the space of two sentences. From your last post:

    Former COM Employee only has two adjectives in his vocabulary — STUPID AND IDIOT. Try a thesaurus once in a while.

  38. former COM employee said on 24 Jul 2008 at 9:27 pm:
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    Mr. Smalls,
    I am not quite sure how you figure that my comment is contradictary. While I am not a college educated individual, I consider myself an individual with a lot of common sense. That statement does not say in any way that I think people who open carry are intimidating. It clearly says it may seem intimidating to a neighbor that Anonymous feels is a good neighbor. In fact, I clearly say Isupport the right to bear arms. Maybe you need to read slower and comprhend everything you read. Anonymous, your 8:14 comment which statrted this conversation was meant to seem that a picnic at your residence with your friends open carrying would surely be intimidating to any neighbor who causes you trouble. You can deny it all you want, but that is what you meant. I only accepted you explanation so that cooler heads could prevail. mnd, I will say it again and stand behind it, your comment concerning police officers open carrying and comparing it to an ordinary citizen open carrying was just a plain stupid comparison. So yes, I stand behind my childish name calling because you are an idiot. I don’t need a thesaurus because the idiot comment fits well, and those weren’t the only adjectives I used, I also used dumba$$. So to recap, I did not contradict myself, I do not feel as if people open carry they are intimidating or that they are trying to be intimidating. However, having a picnic with your friends open carrying simply to intimidate or scare a neighbor who called the police on you under false pretenses is no better than him.

  39. myownopinion said on 29 Jul 2008 at 10:03 pm:
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    It doesnt matter if it was in the holster or not….if you have your gun in your holster and you display, bring it to my attention, point at it, or put your hand on it as if your going to pull it. and put me “in reasonable fear”……THAT IS BRANDISHING A FIREARM.

  40. myownopinion said on 29 Jul 2008 at 10:07 pm:
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    18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word “firearm” means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word “ammunition,” as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

    (Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.)

  41. Anonymous said on 30 Jul 2008 at 5:26 am:
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    [quote]# myownopinion said on 29 Jul 2008 at 10:03 pm:

    It doesnt matter if it was in the holster or not….if you have your gun in your holster and you display, bring it to my attention, point at it, or put your hand on it as if your going to pull it. and put me “in reasonable fear”……THAT IS BRANDISHING A FIREARM.
    [/quote]

    I’m sorry that you feel so afraid of a tool that has been used for personal defense for so long. If the fact that it is displayed on someone’s side worries you (open carry), then you have problems. Time to get over your ostrich syndrome (I don’t see it, it’s not going to hurt me). There is an element that is required to be brandishing, and that is a threatening act! This is referenced only be your last referenced action. Feeling threatened by the presence of a gun does have it’s own name hopolophobia. You might want to consider treatment.

    Tools of self defense are not going away! They started with the club and stone and have evolved to the modern firearm. There is still a whole gambit of other choices. I have a friend that actually keeps a sword in his home for self defense because he is trained in its use.

  42. myownopinion said on 30 Jul 2008 at 7:11 pm:
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    I’m not saying that the mere carrying of a firearm or “open carry” bothers me or is against the law. What I am saying is that if your have your firearm in a holster and you some how bring it to my attention either by pointing to it, put your hand on it, remove it from the holster and it puts a reasonable person in fear for thier safety then that consitutes a BRANDISHING.

  43. bonscott1976 said on 9 Sep 2008 at 1:14 pm:
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    Sorry to be a little late getting in on this, but as a citizen in Manassas park (what I affectionately call The A-hole of Prince William County) I totally agree with Mr. Everhard. I think the man was wholly wronged by the police. And I think he should do everything within his power to prosecute the MPPD, the City and the County.

    If what he says was true, if the gun was holstered . . .then it stands to reason THERE WAS NO “BRANDISHING”. As far as I know, I thought brandishing meant when you take it out in a threathening manner and wave it around for everyone to see (more or less). Letting someone know you have a fiearm on your person by pointing to it does nothing.

    And from what I read . . .”affecting my illegal alien neighbor” . . .WHAT THE HELL !?!?!? . . .If the neighbor was illegal, he/she should’ve been picked up right then and there and hauled off to the hoosegow ! ! ! . . But no, that would be to easy ! ! ! . . .Provided that the man/woman making the false claim was in fact illegal of course.

    But still . . .

    Whenever I’ve had to call them over the years about many multitudes of things, they’ve done what I’ve expected of them, otherwise I would say something to them. Sometimes they got out of their cruisers and talked to the people I called them on, sometimes they didn’t (which bothers me a little). My MS-13 gang member neighbors several years ago didn’t like my girlfriend and I . . .lolol . . .who gives a damn right?

    It also helps to have a woman who works for the Deppartment of State, and who has friends in the F.B.I., I.C.E. and other agencies who shall obviously remain nameless. . .*wink wink*

    She actually did a little digging into these people and found out that the man who owned the house, owned several more in Vienna and Fairfax (crash-pads I call them) and had problems with the law, banks and mortgage companies for failing to comply and pay bills/dues what have you. needless to say, after she did all this work, three weeks later a green Ford F-150 (North Carolina plates i might add) truck backs up to the house, loads up everything from the house and move into a house about 8-9 houses down. It took them 3 loads to move completely out of the house ! ! ! i have it all on videotape ! ! ! . . .Hmmm, seems like they have this thing down to a science doesn’t it? These people, not all of them mind you, are totally prepared to move on a moments notice. because of their “questionable legal status”. I firmly believe this and would love for someone to prove me wrong given the state of things around here. i also believe that that is why some of them go to the laundromats around town to do their clothes. so they can like i said before up and go in a split second. either that, or they are just frugal with their money in that respect.

    by the way, the MS-13 gang members who lived next door (about 3 years ago) had four illegal aliens not to mention the 6 of them living in the basement. i know this because my new neighbor (awesome family by the way and LEGAL) found drivers licenses, adresses and social security cards in the basement when he moved in. stashed away in one of the little cubby holes they used to live in. hence, those people were illegal, otherwise why would they leave their cards and things ? ? ?

    after the move into the house down the way, 2 weeks later they leave the “hood” finally. and i wake up to go to work one morning to find a huge rock thrown through the rear window of my car. i know they did it. in my heart of hearts i know they did it.

    and if i ever see those people again, i will give it back to them . . .personally.

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