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Discussion Starter · #1 ·

Don't know enough to really comment one way or the other, but on the face this seems ludicrous.
 

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That is simply insane - it is also unconstitutional. A good lawyer should be able to help her immensely.
 

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I do not believe it is a valid charge.

Going from the limited information provided in the article: Ohio Revised Code....If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer.

All of the examples in the law have the individual carrying the weapon in a public place however, she was not in a public place and she was not stopped for a law enforcement purpose.
 

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It would be interesting to learn what section of the Ohio Revised Code she was charged with violating, since I don't believe one exists. It won't be the first time cops have demonstrated ignorance of the ORC when it comes to the carrying of firearms.
 

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I do not believe it is a valid charge.

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I don't believe so, either.

I do advise my students to promptly inform during "official" encounters with LE in Ohio, but as far as I know, "must inform" does not extend to one's own private residence.
 

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This is pathetic. No one should be forced, under penalty of law, to tell anyone, let alone an LEO, that they are armed. Frankly, it's none of their business, unless they have PC that you are engaging or about to engage in some sort of illegal activity.
So let's take this a little further. They have confiscated her permit and her sidearm. Suppose the perp is let out on bond and decides to get even with her and he winds up killing her. Can the police be charged as accessories after the fact? After all, it is they who put her in the position of being helpless.
 

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This may be bounced.

Appears must inform applies to "stops." Is a "stop" a visit to one's home?

Also there is an exception for "(d) A person's storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of section 2923.11 of the Revised Code, in the actor's own home for any lawful purpose."

Doesn't seem vague here, but if it is, the rule of lenity should apply.

I think the cops screwed up here.

 

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FWIW, I believe the Buckeye Firearms piece was written with the organization's ax to the grindstone. They are advocating to repeal the "must inform" at traffic stops.
 

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HANLON’S RAZOR:
Never attribute to malice that which is adequately explained by stupidity.
 

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HANLON’S RAZOR:
Never attribute to malice that which is adequately explained by stupidity.
The problem with this is, if the story is correct, the woman is going through hell right now and the cop will go right on living his life like nothing happened. That cop should pay her legal bills.

Again, if the story is correct.
 

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Assinine law IMO.
 

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Well, I reckon as long as convicts can plea bargain away felony possession of handgun charges I reckon everything just balances out.
 

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This "duty to inform" makes me somewhat nervous if I happen to be standing in line next to a uniformed officer at a grocery store or a restaurant. Technically, it's not an official contact situation but I don't see any difference between that scenario or a traffic stop. So, this is a "grey area" of the law for me.
 

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This "duty to inform" makes me somewhat nervous if I happen to be standing in line next to a uniformed officer at a grocery store or a restaurant. Technically, it's not an official contact situation but I don't see any difference between that scenario or a traffic stop. So, this is a "grey area" of the law for me.
It shouldn't be.
 

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She will get millions in settlement with a good lawyer. Hope she makes it hurt for the jurisdiction.
 

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She will get millions in settlement with a good lawyer. Hope she makes it hurt for the jurisdiction.
Doubtful. Ohio isn't Minneapolis.
 
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Discussion Starter · #18 ·
This "duty to inform" makes me somewhat nervous if I happen to be standing in line next to a uniformed officer at a grocery store or a restaurant. Technically, it's not an official contact situation but I don't see any difference between that scenario or a traffic stop. So, this is a "grey area" of the law for me.
It doesn't make me nervous, it just doesn't make sense. The only people who will inform them are the people who weren't going to pull it on the cop anyways. The person who will shoot the cop won't tell the cop he has it.
 
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