Man Arrested for Carrying a Concealed Weapon (Openly)

[OCCI]

http://www.cleveland.com/broadview-h...ying_a_co.html

Man arrested for carrying a concealed weapon: Broadview Heights Police Blotter(Cleveland)
Published: Thursday, February 09, 2012, 9:26 AM

"BROADVIEW HEIGHTS
CONCEALED WEAPON, ROYALTON ROAD: Dispatch received word that a man was spotted with a gun near Avery and Royalton roads at 1:46 p.m. Feb. 4.

Officers arrived at the area and spotted the man walking westbound on Royalton Road. The man was carrying a large gym bag with a brown box sticking out of it.

An officer pulled to the side of the road and called to the man and when the man turned, the officer noticed what appeared to be the butt end of a handgun in his pants pocket.

When asked what he was carrying, Devalle Joiner, 26, of Cleveland, said he had a gun in the box and one in his pocket. He also admitted that he did not have a permit to carry a concealed weapon.

An officer approached, placed Devalle in handcuffs and took the handgun from him."

[cartisdm]

Aren't you allowed to Open Carry in Ohio? If you could see the gun sticking out of the guys pocket, and he was carrying the shotgun in a case...what was the problem?

[gkeil961]

You can open carry in Ohio, however having the gun concealed and "accidentally" showing the butt of the firearm does not constitute open carry, you going to open carry, you must have the firearm fully displayed, and the firearm inside the gym back is another issue in itself, that is not open carry when you are carrying it "inside" a gym bag, for that you must have a "Concealed Carry Permit".

I hope it works out well for this man, however I feel he made a mistake on the way he carried these firearms !

[captain384]

If you can see the gun it sounds like open carry to me as long as he didn't try to hide it when the officer approached.

[thoricuncle]

Also, the "one in his pocket" would definitely be concealed.

I hope this is an action that can be attributed to stupidity and not villainy.

[Firefighterchen]

Gkeil and Thor have it right. I think those that say since open carry is legal he should have been fine have it slightly backwards. It wasn't a problem of open carry, it was concealing the handgun without a permit. It would be the same if it was holstered and it was peaking from under a jacket. Putting any part of the firearm hidden under/in something on the body other than a holster is considered concealed...if he had a permit, he would have been fine with it partially concealed because open carry is legal...but you can't partially conceal without a permit.

I don't know Ohio law except from what I'm assuming from this story...what he should have done is learn the laws better, and if these were his first firearms, he should of worn them completely openly in a holster proudly (at least the handgun). Unless of course you still need a permit to open carry in Ohio?

[firelooker]

Glad I live in AZ where there aren't any stupid laws like this.

[agrippakc]

Glad I don't live in ohio...

[Axeanda45]

A permit would NOT cover the long gun in his gym bag... Ohio's permit is for Handguns only...

I do know for a FACT that you can walk down the street with a long gun in your hand(s) or slung on your shoulder(s) and you would be legal here..
However, I am not sure about the laws on long gun carry while in a case or container.... (other than a permit has nothing to do with it) I will have to look that one up.... .

[RJCoke]

Most states require that an open carry weapon may NOT be concealed by any part of clothing, which means in your pocket, a shirt or coat hangin over it, etc. The guy was probably leagal carrying the one in the gym bag if it was not loaded and no ammo was carried with it, althouh I am not sure about Ohio law on this part. Even though it may sound totally unfair it sounds to me like guy was wrong in the way he was carrying them,especially the one in his pants pocket