News from Norfolk...

Gun-rights advocates stage protest at Norfolk council meeting

Chet Szymecki, who was arrested in June at Harborfest, was joined Tuesday by his daughter Kiersten, 13, and his wife, Deborah. JOHN H. SHEALLY II | THE VIRGINIAN-PILOT

By HARRY MINIUM, The Virginian-Pilot
© August 29, 2007

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.

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com

Thanks to The Geek with a .45.

The rest of the story...

Norfolk and visitor with a holstered .45 are tangled in a Catch-22

By MATTHEW ROY, The Virginian-Pilot
© July 22, 2007

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.

Matthew Roy, (757) 446-2540, matthew.roy@pilotonline.com