Bendersquint wrote:DMY wrote:Bendersquint wrote:I lived in VA for a number of years and have seen it happen, they were detained if they had reason to believe it might be illegal until they were have shown proof.
Happened to me at shooters paradise(r.i.p.) and as soon as I produced the forms I was sent on my way.
They/you were probably
wrongfully detained.
Bendersquint wrote:
From the VA law....
"Possession of unregistered firearm mufflers or silencers prohibited"
What is the citation of the VA code? Maybe you found something that I didn't. I seared the VA state code and I cannot find anything mentioning "firearm mufflers" much less anything about them being prohibited if unregistered. Post up the citation.
They had reason to believe they were illegal thats all they needed, and yes I had a lawyer look into it and they were 100% legal and by the books on their actions.
This has happened not to me but my customers on no fewer than 3 occasions where they were detained in the last year or 2, lawyers stated that it was within their legal parameters until they verified legal ownership.
With words like "reason to believe", you're getting into a probable cause analysis. It's extremely contextual. If someone has a suppressor as they flee a robbed bank with a bag full of money, then the police can have reason to believe that they're being illegally possessed, and probable cause for seizure. On a milder example, maybe the person is exhibiting more subtle but suspicious behavior. Again, probable cause would reasonably have to be found. The facts surrounding each scenario are extremely important. This is a well established in VA and by the SCOTUS.
Otherwise, absent probable cause not arising under
mere possession, current VA law treats possessing a suppressor the same as possessing a wristwatch or a cell phone (as long as you're not a felon, in a gun-free zone, etc.) Mere possession is simply not criminalized, and ownership does not need to be proven. Before the above statute was repealed, it was a totally different story, but not under current law. At this point, I'm thinking 1) you came across some bad legal advice, or 2) the legal advice is slightly out of context.
I'm open to any VA code, regulation, case law, or a real valid legal argument to the contrary. Otherwise, according to the law of Virginia, you keep on repeating the same incorrect statement of law.