Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry
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Thread: Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry

  1. #1

    Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry

    By FWebb

    As a citizen of these United States, you are not obligated to identify yourself to a police officer unless that officer can “reasonably” suspect that a crime is imminent or already under way. Well, unless you live in one of those “stop and frisk” states, of course. But I consider those to be more akin to the USSR than the United States of America.

    That means that you need not identify yourself to an officer unless that officer can show probable cause that a crime is being committed (again, unless you live in one of the “stop and frisk” police states).

    Yeah yeah yeah, but what does that really mean? That means that if you’re carrying your (legal, of course) weapon into a store and are breaking no laws, you need not even look in the direction of a police officer if you don’t want to.

    Someone forgot to tell that to these two Ohio cops, who decided to harass one Ray Call for openly carrying his firearm in his hip holster into a Speedway. After threatening him with “reckless inconvenience and noise disturbances”, and — wait, WHAT? Noise disturbances? And get this little gem:

    “Why are you out with a gun?”

    “Exercising a right”

    “What right is that?”

    “The second amendment.”

    “Which is to?”

    “Bear arms”

    “And you think you can just walk in a store with a gun, and refuse to identify yourself, and have no ID on you?”

    “That is correct.”

    Well actually, officer douchebag, that is correct. According to the Ohio Revised Code section 2921.29,

    Unless an officer reasonably suspects a person is committing, has committed, or is about to commit a criminal offense, that person is not required to disclose their name, address, or date of birth.

    Since Ohio allows open carry without a license, there was no crime being committed, nor was there reasonable grounds for suspicion of one.

    Way to go, Ohio PD. You’re about to cost your department a lot of money because you couldn’t be bothered to read the laws you are sworn to uphold.

    Since the posters of this video have requested that it not be embedded, follow the link here to see the original dashcam footage, courtesy of the Freedom of Information Act.

    The only easy day was yesterday
    Dedicated to my brother who died
    doing what he loved being a Navy SEAL

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  3. #2
    Join Date
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    I hope the guy gets NOTHING...he's an idiot. Just because the law says you don't have to identify yourself, doesn't mean that you shouldn't. He was clearly setting this thing up the whole time, so hopefully he gets nothing but court costs.

    IMHO, he makes all of us law abiding citizens look like baffoons.

  4. #3
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    Quote Originally Posted by Bozz View Post
    I hope the guy gets NOTHING...he's an idiot. Just because the law says you don't have to identify yourself, doesn't mean that you shouldn't. He was clearly setting this thing up the whole time, so hopefully he gets nothing but court costs.

    IMHO, he makes all of us law abiding citizens look like baffoons.
    You've go to be kidding. You don't really believe this... do you? Have you forgotten for whom the police work? The police here were clearly in violation of the rights of this man and to suggest he feed their illegal actions is unconscionable.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?
    Si vis pacem, para bellum.

  5. #4
    Good for him. I can only hope that a monetary award forces police to respect citizens rights and change their policy. The only person that looks bad in the video are the ones that violate citizens rights and think they can actually make the rule.
    “If I only had three words of advice, they would be, Tell the Truth. If got three more words, I'd add, all the time.” ~ Randy Pausch

  6. #5
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    Three million seems a little low, wish I could sit on the Jury in this one.

  7. Quote Originally Posted by Bozz View Post
    I hope the guy gets NOTHING...he's an idiot. Just because the law says you don't have to identify yourself, doesn't mean that you shouldn't. He was clearly setting this thing up the whole time, so hopefully he gets nothing but court costs.

    IMHO, he makes all of us law abiding citizens look like baffoons.
    You must be a cop or were a cop.
    You may be willing to give up YOUR rights but Mr. Call, ME, and most of the good citizens on this site refuse to give up our rights just because a cop THINKS he can do anything.

  8. #7
    Not all , but in some instances, if you give a man/woman a badge, and a gun they think they are God. I once sent a deputy back to 6 weeks of training for not knowing the law and illegally detaining me after an accident, in which I was not even involved in. Just stopped to be of service to the injured. Detained me for over an hour to write me a bogus ticket, and when i contested it and went to court, the judge laughed at him, and ordered him back to school for 6 weeks. LMAO , but he didn't!! They need to know the laws they are about to enforce.. I used to live in Ohio, please note the [past tense. Now in NM. and open carry all the time, even to the bank.
    I am old and slow, BUT dead on with my aim!!

  9. #8
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    Quote Originally Posted by Nightmare45 View Post
    Three million seems a little low, wish I could sit on the Jury in this one.
    This is a legitimate suit. The LEO did much more than not understand the law. Comments like "I've been doing this longer than you've been on earth." Comments about the NRA. Refusal to check the code before affecting an arrest. More than just a mistake. This one is going bad for the department.
    GOD, GUNS and GUITARS

  10. #9
    I am all for 2nd amendment rights, but I really don't see the big deal. If an officer ask's me for my I.D., and I'm open carrying, why is it so hard to show him your drivers license. Just like my CHL. If I ever get pulled over, which I never do, the 1st thing I would tell the officer is that I have a CHL and a firearm with me, including it's location, whether or not it's hot, or in some cases let him know it's open with nothing in the magazine and the magazine is not installed and nothing chambered. If you aren't doing anything wrong you shouldn't have a concern. I don't like the gestapo tactics, but arguing with 2 cops with a loaded firearm on your hip and no ID is just flat out stupid and a losing proposition. Why wouldn't you have your ID with you? I carry my ID whenever I leave the house. What if this guy was a felon and just made up a name, are they supposed to take his word for it? I guess the real question is are your rights being trampled on if you are carrying a cannon on your hip, and you are simply asked if they can see your ID?

  11. #10
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    Quote Originally Posted by docmath View Post
    I am all for 2nd amendment rights, but I really don't see the big deal. If an officer ask's me for my I.D., and I'm open carrying, why is it so hard to show him your drivers license. Just like my CHL. If I ever get pulled over, which I never do, the 1st thing I would tell the officer is that I have a CHL and a firearm with me, including it's location, whether or not it's hot, or in some cases let him know it's open with nothing in the magazine and the magazine is not installed and nothing chambered. If you aren't doing anything wrong you shouldn't have a concern. I don't like the gestapo tactics, but arguing with 2 cops with a loaded firearm on your hip and no ID is just flat out stupid and a losing proposition. Why wouldn't you have your ID with you? I carry my ID whenever I leave the house. What if this guy was a felon and just made up a name, are they supposed to take his word for it? I guess the real question is are your rights being trampled on if you are carrying a cannon on your hip, and you are simply asked if they can see your ID?
    It is this sort of attitude I find most disturbing with some people.

    "You don't mind if I take a look in your car, do you?"
    the answer to this should always be "No, you may not search my car". Close your windows and lock your car if asked to exit. Do NOT allow police to search your vehicle. (obviously if there is real PC then you don't have that position on your side).

    Why carry an ID if you don't need to do this? Suppose you're out for an evening walk around your neighborhood. Do you carry an ID for this? I certainly don't. And if I an OC'ing, I don't need one anyway.

    The point is if given an inch, police will want a mile. They are out for bodies (read "You & The Police" by Boston T. Party).
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?
    Si vis pacem, para bellum.

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