Ordered to ground at gunpoint for open carrying by cleveland heights ohio police - Page 11
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Thread: Ordered to ground at gunpoint for open carrying by cleveland heights ohio police

  1. sorry you guys but the city can read #6:
    pulled striat from ohio code
    504.04 Exercise of powers under limited home rule government.
    (A) A township that adopts a limited home rule government may do all of the following by resolution, provided that any of these resolutions, other than a resolution to supply water or sewer services in accordance with sections 504.18 to 504.20 of the Revised Code, may be enforced only by the imposition of civil fines as authorized in this chapter:

    (1) Exercise all powers of local self-government within the unincorporated area of the township, other than powers that are in conflict with general laws, except that the township shall comply with the requirements and prohibitions of this chapter, and shall enact no taxes other than those authorized by general law, and except that no resolution adopted pursuant to this chapter shall encroach upon the powers, duties, and privileges of elected township officers or change, alter, combine, eliminate, or otherwise modify the form or structure of the township government unless the change is required or permitted by this chapter;

    (2) Adopt and enforce within the unincorporated area of the township local police, sanitary, and other similar regulations that are not in conflict with general laws or otherwise prohibited by division (B) of this section;

    (3) Supply water and sewer services to users within the unincorporated area of the township in accordance with sections 504.18 to 504.20 of the Revised Code;

    (4) Adopt and enforce within the unincorporated area of the township any resolution of a type described in section 503.52 or 503.60 of the Revised Code.

    (B) No resolution adopted pursuant to this chapter shall do any of the following:

    (1) Create a criminal offense or impose criminal penalties, except as authorized by division (A) of this section or by section 503.52 of the Revised Code;

    (2) Impose civil fines other than as authorized by this chapter;

    (3) Establish or revise subdivision regulations, road construction standards, urban sediment rules, or storm water and drainage regulations, except as provided in section 504.21 of the Revised Code;

    (4) Establish or revise building standards, building codes, and other standard codes except as provided in section 504.13 of the Revised Code;

    (5) Increase, decrease, or otherwise alter the powers or duties of a township under any other chapter of the Revised Code pertaining to agriculture or the conservation or development of natural resources;

    (6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms;

    (7) Establish or revise water or sewer regulations, except in accordance with section 504.18, 504.19, or 504.21 of the Revised Code.

    Nothing in this chapter shall be construed as affecting the powers of counties with regard to the subjects listed in divisions (B)(3) to (5) of this section.

    (C) Under a limited home rule government, all officers shall have the qualifications, and be nominated, elected, or appointed, as provided in Chapter 505. of the Revised Code, except that the board of township trustees shall appoint a full-time or part-time law director pursuant to section 504.15 of the Revised Code, and except that a five-member board of township trustees approved for the township before September 26, 2003, shall continue to serve as the legislative authority with successive members serving for four-year terms of office until a termination of a limited home rule government under section 504.03 of the Revised Code.

    (D) In case of conflict between resolutions enacted by a board of township trustees and municipal ordinances or resolutions, the ordinance or resolution enacted by the municipal corporation prevails. In case of conflict between resolutions enacted by a board of township trustees and any county resolution, the resolution enacted by the board of township trustees prevails.

    Effective Date: 09-05-2001; 05-06-2005; 08-17-2006; 2007 SB97 01-01-2008
    NRA Member,S&W M&P 40 W/CTG,REMINGTION 870 TACITAL 12GA,
    KEL-TEC SU-16B 5.56, SEARS& ROBUCK 20GA, REMINGTION 700 SPS TACTIAL.308

  2.   
  3. #102
    Join Date
    Oct 2009
    Location
    OHIO
    Posts
    2,109
    Quote Originally Posted by 79broncoguy View Post
    sorry you guys but the city can read #6:
    pulled striat from ohio code
    504.04 Exercise of powers under limited home rule government.
    (A) A township that adopts a limited home rule government may do all of the following by resolution, provided that any of these resolutions, other than a resolution to supply water or sewer services in accordance with sections 504.18 to 504.20 of the Revised Code, may be enforced only by the imposition of civil fines as authorized in this chapter:

    (1) Exercise all powers of local self-government within the unincorporated area of the township, other than powers that are in conflict with general laws, except that the township shall comply with the requirements and prohibitions of this chapter, and shall enact no taxes other than those authorized by general law, and except that no resolution adopted pursuant to this chapter shall encroach upon the powers, duties, and privileges of elected township officers or change, alter, combine, eliminate, or otherwise modify the form or structure of the township government unless the change is required or permitted by this chapter;

    (2) Adopt and enforce within the unincorporated area of the township local police, sanitary, and other similar regulations that are not in conflict with general laws or otherwise prohibited by division (B) of this section;

    (3) Supply water and sewer services to users within the unincorporated area of the township in accordance with sections 504.18 to 504.20 of the Revised Code;

    (4) Adopt and enforce within the unincorporated area of the township any resolution of a type described in section 503.52 or 503.60 of the Revised Code.

    (B) No resolution adopted pursuant to this chapter shall do any of the following:

    (1) Create a criminal offense or impose criminal penalties, except as authorized by division (A) of this section or by section 503.52 of the Revised Code;

    (2) Impose civil fines other than as authorized by this chapter;

    (3) Establish or revise subdivision regulations, road construction standards, urban sediment rules, or storm water and drainage regulations, except as provided in section 504.21 of the Revised Code;

    (4) Establish or revise building standards, building codes, and other standard codes except as provided in section 504.13 of the Revised Code;

    (5) Increase, decrease, or otherwise alter the powers or duties of a township under any other chapter of the Revised Code pertaining to agriculture or the conservation or development of natural resources;

    (6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms;

    (7) Establish or revise water or sewer regulations, except in accordance with section 504.18, 504.19, or 504.21 of the Revised Code.

    Nothing in this chapter shall be construed as affecting the powers of counties with regard to the subjects listed in divisions (B)(3) to (5) of this section.

    (C) Under a limited home rule government, all officers shall have the qualifications, and be nominated, elected, or appointed, as provided in Chapter 505. of the Revised Code, except that the board of township trustees shall appoint a full-time or part-time law director pursuant to section 504.15 of the Revised Code, and except that a five-member board of township trustees approved for the township before September 26, 2003, shall continue to serve as the legislative authority with successive members serving for four-year terms of office until a termination of a limited home rule government under section 504.03 of the Revised Code.

    (D) In case of conflict between resolutions enacted by a board of township trustees and municipal ordinances or resolutions, the ordinance or resolution enacted by the municipal corporation prevails. In case of conflict between resolutions enacted by a board of township trustees and any county resolution, the resolution enacted by the board of township trustees prevails.

    Effective Date: 09-05-2001; 05-06-2005; 08-17-2006; 2007 SB97 01-01-2008
    The firearms laws preemption is what would apply to the part in red above.

    HB347 became effective in March of 2007. It operates to preempt a patchwork of varied and confusing local rules with "uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition."

    Sec. 9.68. (A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

  4. #103
    Thanks for the update. You may have brought some change if a judge ordered training of officers in the actual law. But alas, training is one thing. Action and true change is quite another.

    One more bite taken, one small victory for the second amendment, though, in my opinion.
    _______________

    I think every state should secede from Washington, DC, then we'll have them surrounded.

  5. #104
    Freedom, while you may be in the right legaly, when you troll around like that with a vid camera, waiting for somebody to call the law because they were afraid, and rightfuly so, of a man with a gun, you sir are being a trouble maker and deserve to have your ass busted, hey if you really want to have some fun lets all see how big your balls really are, why dont you try strolling into the bank, or post office, federal building, awe hell why not just walk right into police lock up, wth your gun hanging out, oh and dont forget the camera, YDSAFD

  6. #105
    congrats freedom - it takes courage to confront the establishment as you did.

  7. #106
    Quote Originally Posted by Rocketgeezer View Post
    Freedom, while you may be in the right legally, when you troll around like that with a vid camera, waiting for somebody to call the law because they were afraid, and rightfully so, of a man with a gun, you sir are being a trouble maker and deserve to have your ass busted, hey if you really want to have some fun lets all see how big your balls really are, why don't you try strolling into the bank, or post office, federal building, awe hell why not just walk right into police lock up, with your gun hanging out, oh and don't forget the camera, YDSAFD
    When you try to make an ass out of someone, it would be wise to know what you are talking about, lest you make an ass out of yourself instead.

    First, the post office IS a federal building, and therefore a prohibited area. Some states prohibit carrying a firearm into a bank or a police station. So the difference between what FF777 did and what you sarcastically suggest is that one is perfectly legal and the other is not.

    Second, why is a civilian strolling down the sidewalk with a holstered sidearm in a non-combative manner any more alarming than a police officer doing the same? And weather or not his intent was to capture a possible confrontation on video is irrelevant. Camera present or camera absent, there was no basis for his detainment, the police acted in an illegal manner.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

  8. I am a resident of Cleveland Heights (my hole life, 38 yrs) and to be honest there aren't many people here that trust our police department. There is a reason freedom_fighter777 used the term Nazi in his title. Even the most law abiding people in this city "lovingly" refer to it as the Fascist Republic of Cleveland Heights. That part of Mayfield Rd is only 2 blocks from the police department (3 from my house) and I'd be willing to bet that 70% of non tax revenue generated by the city comes from right there. I have friends that will not visit me and will drive around this city because of the police harassment that they receive. It is our police department (or lack their of) that has driven away many of the good people I have known in this city. I have seen our police steal bikes from kids, beat up old ladies and worse. When my home was broken into the officer that responded refused to even fill out a report or go look for the suspect, even though I chased the intruder to his house. When I went to complain about the incident to council I was told " the officer claims you didn't want to fill out a report so it's your fault." When our residents (15 of them from the Quillams area) go to complain about the gang violence they are told "There is no gang problem in this city". WHen they do respond to 30-40 people fighting, stabbing and shooting each other. The pull up in cars and just tell them to disperse and go home. Then the gangs laugh at them because they know the cops are scared to get out of their cars.

    Our police don't do much but wright speeding / parking tickets and bother individuals going about their daily business. Our police saw an innocent person walking down the street and decided to give him what for because he was exorcising his rights.

    So far this year there has been 3 shooting on my street. One was just Thus and happened within 20 ft of my 12 & 8 yer old daughters that were playing with a friend down the street. The police made sure to search the victims car and arrested the persons who was shot at but the shooter got away and I have no confidence that they are even looking for him.

    freedom_fighter777 GOOD FOR YOU FOR STANDING UP FOR OUR COMMUNITY WHEN OUR POLICE REFUSE TO DO SO!!! I don't know you but please PM me so we can meet one day. You are not the only one that is fed the [email protected]#$ up with what has happened to what used to be the best city in North East Ohio. I know LOTS of people in this city (black , white, green, purple, etc.) that are tired of whats going on and are ready to openly carry their guns to defend them selves, their families and this city.

    For the people that are knocking this poor guy. What is going on here is EXACTLY why the 2nd amendment was created and you should be ashamed of your self. How are you supporting gun right in America? You don't understand because you don't live here.

  9. #108
    Join Date
    Jan 2010
    Location
    Butner, North Carolina, United States
    Posts
    362

    Cool

    Quote Originally Posted by S&WM&P40 View Post
    I do know all of my laws. That's why i live in a FREE STATE and you do not. In NH stopped someone on the grounds that he was just open carrying is not put up with. IF your stopped for it they can not hold you and you are free to go. So you Enjoy your Nazi state with your SS storm troopers of police officers. While i will enjoy the free life. You hid in your house while we fight the good fight. Just a FYI there is not such thing as terror to the public. All the officer would get from Dispatch would be a report of a man with a gun at such a location. "The officers need reasonable, articulable suspicion of a crime being committed or about to be committed in order to stop" So tell me if OC is legal in his state then what was the suspicion of a crime? Yes the officers have a duty to respond to every call that much is true. But stopping and harassing a tax payer at gun point makes them no better then the thugs out running our streets with guns. Old saying "Cops are nothing more then THUGS WITH GUNS" You really want to start talking about Entrapment??
    I agree 100%... I used to work Armed Security in Durham, NC alongside Company Police and Durham Police. They all were required to carry a copy of their State & Local Criminal (Penal) Codes because there is no way in hell one person can know them all... unless of course, their a barracks lawyer! The way I see it, the guy was simply looking for a confrontation with the Police, and he got it.
    MSgt, USAF (ret), Life Member - NRA, Life Member - NAHC,
    Life Member - NCOA, Member - USCCA, Member - NCGR,
    Member - Oathkeepers

  10. #109
    Join Date
    May 2010
    Location
    Flint, Michigan
    Posts
    756
    Im having mixed emotions on this one as well...Seems to be you baited the police like 2beararms said. I live in Michigan where Open carry is also legal, but I dont OC [as of now] in fear of having that same situation happening to me. I feel in many ways you disrespected the police in this encounter. OC isnt to just walk around the block hoping a policeman would stop you. If anything you should be going about your every day business. Id question whether the police are doing their jobs or not if they didnt at least confront you for at least your ID. I agree the manner in which they approached you was a tad bit off, then again, the attitude you gave them was totally wrong as well.
    You should cooperate with them in anyway possible, not mouth off to them. Im all for the 2nd Amendment, but you asked for that one. They didnt break the law by any means, if anything the were making sure they were safe, and you werent able to resist or reach for your weapon, but then again, I cant remember the last time a thug or a BG wore a weapon in an OWB Holster.

    Id go about it smarter next time and try not to provoke the police. I hate to say it, but looks like you have a little growing up to do.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  11. Quote Originally Posted by freedom_fighter777 View Post
    Video of Gestapo Cleveland Heights Police Terrorizing their Citizens. In the end they let me go with no charges filed and returned my gun.

    YouTube - Cleveland Heights Ohio Gestapo Police Order Joseph Ponikvar to Ground at Gunpoint For Open Carrying
    Excellent work! I would not have the testicular fortitude to do what you did.
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

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