Police being tested.
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Thread: Police being tested.

  1. #1

    Talking Police being tested.

    Buckeye Firearms Association | Defending Your Firearm Rights

    From the article:
    Advocates of "open carry" of weapons are testing police on their knowledge of state laws and then posting the results on the internet.
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    The most recent case involved a Tipp City man, Roy Call, who walked into a Speedway gas station at 3201 Valley Pike in Riverside at 4:30 am on August 28, 2012 with a gun holstered on his hip in full view by anyone in the store. A customer alerted a police officer who happened to be in the store parking lot. When the officer asked Call who he was and what he was doing, Call said he was exercising his Second Amendment rights and initially declined to identify himself. The officer arrested Call and charged him with obstructing official business.
    ~
    Call eventually produced identification and was released. Later, the charge against him was dropped but Call filed a lawsuit in federal court alleging his rights were violated and demanded $3.6 million.
    ~

    Headline: Advocates put police, gun laws to the test

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    In the July 3, 2012 Cincinnati Police Department Staff Notes, CPD Chief James E. Craig took the opportunity to inform his department on the law regarding open carry of a firearm in Ohio. The chief paid particular attention to the issue at question in this case - when do officers have a right to stop a person who is open carrying?
    ~
    From the document: http://www.cincinnati-oh.gov/police/...F0/showMeta/0/
    3. LAW DEPARTMENT MEMO ON OPEN CARRY OF A FIREARM IN OHIO
    Ohio law permits the open carry of a firearm with few exceptions. Citizens may openly carry firearms in public places unless there is a specific prohibition against carrying a firearm in that place (police station, school safety zone, courthouse, etc.).
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    Since Cleveland v. State of Ohio, 2010-Ohio-6318, regulation of the "ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition" is only done by state and federal law. Local municipal laws may only regulate the discharge of firearms. Therefore, officers should not charge individuals with violations of the Cincinnati Municipal Code unless the ordinance deals with the discharge of a firearm.
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    Many people worry when they see someone openly carrying a gun. Officers can expect to receive calls when this happens. But, openly carrying a firearm, by itself, is not illegal. The fact that someone has called 911 or flagged down an officer about seeing someone with a gun in public is probably not enough to support an investigative detention. In such situations, an officer must observe the subject and evaluate the totality of circumstances to determine whether reasonable suspicion exists to justify detaining the individual. If the individual is doing nothing else that arouses suspicion, simply wearing a gun will not justify a detention.
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    It is important to note, open carry by itself also would not support a charge of Disorderly Conduct or Inducing Panic. There must be additional facts to support these offenses. If someone is lawfully carrying a firearm—and doing nothing else— the fact that it causes alarm to others does not support a charge.
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    Equally important, before you charge someone with a violation of Ohio Revised Code (ORC) 2921.29, Failure to Disclose Personal Information (also referred to as the "Stop and I.D." law), you first must have reasonable suspicion that person has, is, or is about to commit a criminal offense. The "Stop and I.D." law does not apply unless you already have a valid investigative detention of the person – and open carry by itself is not enough. Citizens may ignore your request for information during a consensual encounter, so you may only charge a citizen with a violation of ORC 2921.29 when they are legally detained.
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    Private businesses or property owners may prohibit all firearms on their property. They may post signs prohibiting firearms or they may order a person to leave for such behavior. Criminal Trespass is the appropriate charge if a person is on private property in violation of such a prohibition
    I'd rather be a Conservative Nutjob. Than a Liberal with NO Nuts & NO Job

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  3. #2
    Good bye Chicago, HELLO OHIO!

  4. #3
    I open carry here in Clovis NM. about 50% of the time, and have no issues with any of the businesses I use. Have not been hassled by the LEOs yet, but sure it will come one day.
    I am old and slow, BUT dead on with my aim!!

  5. #4
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    You see a mean dog sleeping. Do you kick him? No. Disturb him? No.
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  6. #5
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    Quote Originally Posted by BC1 View Post
    You see a mean dog sleeping. Do you kick him? No. Disturb him? No.
    For which side of the argument is this in BC?
    Quote Originally Posted by Deanimator View Post
    [*]Don't be afraid to use sarcasm, mockery and humiliation. They don't respect you. There's no need to pretend you respect them.
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  7. #6
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    Although I'm a strong proponent of open and concealed carry, I try to respect the "lil' ol' lady" that gets scared out of her wits when I've got my carry gun on my hip. Since we can carry both CC and open here in VT, I prefer CC, tho if open as in the summer, I like to wear a long shirt or whatever just so 'grandma' doesn't have a heart attack. I carry for protection, not for a display of my rights.
    YMMV

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    Texas managed to screw the honest gun folks again no open carry will pass. Love the state but the traitors have begun to take over, carry open all the time in AZ their LEO's know the law, never had any problems. 2nd home.

  9. #8
    Seems to me that the state that allow open carry need to better educate the public through radio, TV, newspaper & bus placard advertising that open carry is perfectly legal, and unless the person is pointing at someone the law has not been broken. Carry NM I doubt if you will ever be hassled by an LEO for open carry in NM (unless it's a poorly educated & trained rookie) because it has always been legal in NM. Same wiith AZ. I used to live there and only once did my open carry upset anyone, namely an elderly couple from NJ who ran out of gas at the foot of the Superstition Mtns. The woman acted like an idiot screaming, "He's got a gun! He's got a gun!" I told her that AZ was not NJ and many people carried guns & the ones she should fear were the ones that carried them concealed. CC was not legal back in '78 in Az.

    I gave them some water from my canteen and went and got them some gas and brought it back to them. Bet she never panicked again when she saw someone in AZ carriying a gun.

  10. #9
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    Quote Originally Posted by shirtz1 View Post
    Although I'm a strong proponent of open and concealed carry, I try to respect the "lil' ol' lady" that gets scared out of her wits when I've got my carry gun on my hip. Since we can carry both CC and open here in VT, I prefer CC, tho if open as in the summer, I like to wear a long shirt or whatever just so 'grandma' doesn't have a heart attack. I carry for protection, not for a display of my rights.
    YMMV
    There isn't any need for laws when we allow our own fear of offending someone with the sight of a gun to stop us from exercising the right to openly bear arms in a legal manner because our own fear stopped us just as effectively as any law could.

    If we are afraid our rights might offend then we are allowing other people to control our behavior and to limit our rights just because we are afraid we might ... offend... them.

  11. #10
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    Quote Originally Posted by sixguncowboy View Post
    Seems to me that the state that allow open carry need to better educate the public through radio, TV, newspaper & bus placard advertising that open carry is perfectly legal, and unless the person is pointing at someone the law has not been broken. Carry NM I doubt if you will ever be hassled by an LEO for open carry in NM (unless it's a poorly educated & trained rookie) because it has always been legal in NM. Same wiith AZ. I used to live there and only once did my open carry upset anyone, namely an elderly couple from NJ who ran out of gas at the foot of the Superstition Mtns. The woman acted like an idiot screaming, "He's got a gun! He's got a gun!" I told her that AZ was not NJ and many people carried guns & the ones she should fear were the ones that carried them concealed. CC was not legal back in '78 in Az.

    I gave them some water from my canteen and went and got them some gas and brought it back to them. Bet she never panicked again when she saw someone in AZ carriying a gun.
    That was very considerate of you and most likely made a good impression on her. Someone she thought was a bad guy helped her out after she behaved badly.

    That's the kind of public relations we should all be doing. Changing the minds and hearts of the uninformed about people who legally carry.

    Good on you Cowboy!
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

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