Ohio man charged for open carry

PgSqlQuery · June 8th, 2006, 01:18 AM

I hope this is the right place :)

Quote:

Many gun owners fear that Ohio's open carry requirements in a car are going to get someone killed one day. Just last week, another incident played out that demonstrates just how dangerous the mindset of "man with a gun equals criminal" could be for law abiding gun owners.

Recently, a concealed handgun license holder was pulled over in Oregon, Ohio (near Toledo) after leaving a gas station. He was ordered out of his vehicle by police conducting a "felony traffic stop", eventually had to crawl out of his window (his doors were locked and he was ordered to keep his hands in sight, rendering it impossible to unlock them), and was ordered to the ground while being held at gunpoint. His crime? Carrying a gun lawfully.

Read the rest here

Isn't that just disgusting?!

QKShooter · June 8th, 2006, 01:28 AM

Hopefully Ohio will eventually correct their carry laws now that they have seen that granting RKBA & Concealed Carry did not cause blood to run like rivers in the streets...like the Ohio newspapers had "predicted" ~ Unreal.

rocky · June 8th, 2006, 01:30 AM

Hopefully the NRA will help out too. Seems the PD needs to be informed of and reeducated on CCW.

P95Carry · June 8th, 2006, 01:35 AM

Legislative reform was never more needed - and from what I gather, the interpretation of the CCW law is open to judgement on the day - on an individual basis!!

Never was anything more bizarre or absurd, than the open view deal in vehicle!

PgSqlQuery · June 8th, 2006, 01:38 AM

Heh, my favorite part, is that the city, if you read the city code he was charged under, you come to realise, that possession of a firearm, licensed or not, is illegal in that city except for in your home, or on the range mostly... (Apparently, they don't care WHAT the state laws, state constitution, or Federal Constitution say...

Quote:

(a) No person, in and about the streets, alleys, public places of the City, or at any
place other than the residence or fixed place of buisiness of such person, or while on a
suitable firing range or while being used for lawful hunting, or while unloaded at a public
firearms display, show or exhibition shall be in posession of, carry, or have on or about
his person, any pistol, revolver, rigle, shorgun or any weapon by whatever name known,
which is designed to expel a projectile or projectiles by the action of expanding gasses, or
any bowie knife, dirk, blackjack, bullyclub, brass knuckles, or any other weapon capable of
inflicting bodily harm. (Ord. 3-1974. Passed 1-14-74.)

(b) Whoever violates this section id guilty of a misdemeanor of the first degree.

Tubby45 · June 8th, 2006, 02:03 AM

The person who is facing the charges is a user on GT. He posted his story there. It seems there is more to the story than we are hearing.

QKShooter · June 8th, 2006, 02:15 AM

I thought that State law always trumped local law & that Fed law trumped State law. I'm confused as to how that local law could be enforced.

Tubby45 · June 8th, 2006, 02:32 AM

Might be a pre-emption issue where the local law was passed before the state pre-emption law was passed and maybe the local law was grandfathered. WI has their pre-emption like that. Laws after a certain date can't be more restrictive than state law, but local laws passed before the pre-emption still hold the weight of law.

PgSqlQuery · June 8th, 2006, 07:16 AM

Dunno what GT is, but, the police reports I've seen related to this, and court documents so far, seem to suggest, the story's pretty accurate...

dpesec · June 8th, 2006, 07:44 AM

This is pure harassment. The Supreme Court of Ohio has already said that open carry is legal and a person can not be charged with a crime for obeying the law.

June 8th, 2006, 01:28 AM	#2
QKShooter Assistant Administrator Join Date: Dec 2004 Location: Off Of The X Posts: 20,010	Hopefully Ohio will eventually correct their carry laws now that they have seen that granting RKBA & Concealed Carry did not cause blood to run like rivers in the streets...like the Ohio newspapers had "predicted" ~ Unreal. __________________

June 8th, 2006, 01:30 AM	#3
rocky Senior Moderator Join Date: Jan 2005 Location: MI Posts: 11,768	Hopefully the NRA will help out too. Seems the PD needs to be informed of and reeducated on CCW. __________________ "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson Nemo Me Impune Lacesset Link to my kydex builds:http://rocknloadkydex.blogspot.com/

June 8th, 2006, 01:35 AM	#4
P95Carry Assistant Administrator Join Date: Mar 2005 Location: South West PA Posts: 25,366	Legislative reform was never more needed - and from what I gather, the interpretation of the CCW law is open to judgement on the day - on an individual basis!! Never was anything more bizarre or absurd, than the open view deal in vehicle! __________________ Chris - P95 NRA Certified Instructor & NRA Life Member. "To own a gun and assume that you are armed is like owning a piano and assuming that you are a musician!." If a BG dies as the result of pointing a gun at me, then he has merely succumbed to an occupational hazard of being a thug

June 8th, 2006, 02:03 AM	#6
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,988	The person who is facing the charges is a user on GT. He posted his story there. It seems there is more to the story than we are hearing. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

June 8th, 2006, 02:15 AM	#7
QKShooter Assistant Administrator Join Date: Dec 2004 Location: Off Of The X Posts: 20,010	I thought that State law always trumped local law & that Fed law trumped State law. I'm confused as to how that local law could be enforced. __________________

June 8th, 2006, 02:32 AM	#8
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,988	Might be a pre-emption issue where the local law was passed before the state pre-emption law was passed and maybe the local law was grandfathered. WI has their pre-emption like that. Laws after a certain date can't be more restrictive than state law, but local laws passed before the pre-emption still hold the weight of law. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

June 8th, 2006, 07:16 AM	#9
PgSqlQuery Member Join Date: Jun 2006 Location: Ohio Posts: 140	Dunno what GT is, but, the police reports I've seen related to this, and court documents so far, seem to suggest, the story's pretty accurate... __________________ Where's the best place to apply for your Ohio CHL? Find out at http://ccwhen.com! (Now with Chat!) Единственная реальная власть приходит из длинней винтовки.

June 8th, 2006, 07:44 AM	#10
dpesec Senior Member Join Date: Oct 2005 Location: Ohio Posts: 518	This is pure harassment. The Supreme Court of Ohio has already said that open carry is legal and a person can not be charged with a crime for obeying the law. __________________ Dave “The highest obligation and privilege of citizenship is that of bearing arms”. General George Patton—US Army Vis et Veneratio "So this is how democracy dies: to thunderous applause." Actress Natalie Portman as Padme in Star Wars Revenge of the Sith

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