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Thread: 3/16/2012 Cincinnati PD Says if U Open Carry U Get Arrested for Inducing Panic

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    3/16/2012 Cincinnati PD Says if U Open Carry U Get Arrested for Inducing Panic

    Hi All! I am new to this site and Open Carry. I, in fact, have not openly carried yet. Questioning what might happen to me when I come in contact with law enforcement, I called the non emergency line for the Cincinnati PD today asking about the legality of Open Carry in Cincinnati. I spoke with a Lt. Cook. First I asked him "Is it legal to open carry in Cincinnati?" His response was "If you open carry in Cincinnati you will probably be arrested for inducing panic or inducing a riot." I then asked him again "So is it legal to open carry in Cincinnati?" He hesitantly responded with "Yes, it is legal but you will still probably be arrested for inducing panic or inducing a riot." He went on saying "This is not Arizona where you can just carry around your firearms in the open. Someone will be calling us if they see you openly carrying." Not wanting to argue with the guy I said "Ok" and hung up the phone.

    If Ohio OC was upheld by the Ohio Supreme Court where is our legal protection to do so? Can they legally arrest you for this? If so will it hold up in court? This is what makes me hesitant to open carry. Any advice? Sounds like it's time to have an OC March in Cincinnati!

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    Sounds like shullbit.

    NEVER ask an LEO about open carry, they will ALWAYS try to talk you out of it. They want you to conceal if you even carry at all

    *swyped from the evo so excuse any typos*

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    Accomplished Advocate color of law's Avatar
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    Xspander, If that is so then I want what district you called. I need to speak with Lt, Cook. Cincinnati police know that open carry is legal and telling you that you may be arrested for exercising your rights needs to be dealt with.

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    Regular Member Fallschirmjäger's Avatar
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    Read the law and decide for yourself if any of the provisions are applicable.

    2917.31 Inducing panic.

    (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
    (1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;
    (2) Threatening to commit any offense of violence;
    (3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
    ...
    ...
    ...
    Definitions, penalties, etc.

    There are Three, and only Three acts that can be committed which are chargeable under "Inducing Panic"; 1) circulating a report, 2) threatening an offense of violence, or 3) committing an offense.

    As an example...
    If a building is evacuated because one day you decided to wear a Highland kilt and wearing a kilt Is Not an offense under the ORC, then you have committed no offense and you're not "inducing panic." You must first have committed an offense which leads to "inducing panic."
    Last edited by Fallschirmjäger; 03-16-2012 at 09:51 PM.

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    Regular Member Fallschirmjäger's Avatar
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    As there is no Inciting Riot in the ORC that I can find, I'll give Aggravated Riot in its stead:

    2917.02 Aggravated riot.

    (A) No person shall participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code:
    (1) With purpose to commit or facilitate the commission of a felony;
    (2) With purpose to commit or facilitate the commission of any offense of violence;
    (3) When the offender or any participant to the knowledge of the offender has on or about the offender’s or participant’s person or under the offender’s or participant’s control, uses, or intends to use a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

    (B) (1) No person, being an inmate in a detention facility, shall violate division (A)(1) or (3) of this section.
    (2) No person, being an inmate in a detention facility, shall violate division (A)(2) of this section or section 2917.03 of the Revised Code.

    (C) Whoever violates this section is guilty of aggravated riot. A violation of division (A)(1) or (3) of this section is a felony of the fifth degree. A violation of division (A)(2) or (B)(1) of this section is a felony of the fourth degree. A violation of division (B)(2) of this section is a felony of the third degree.

    (D) As used in this section, “detention facility” has the same meaning as in section 2921.01 of the Revised Code.

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    Regular Member Fallschirmjäger's Avatar
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    2917.11 Disorderly conduct maybe?

    (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
    (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
    (2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
    (3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
    (4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
    (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.


    (B) No person, while voluntarily intoxicated, shall do either of the following:
    (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
    (2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
    ...
    ...
    Definitions, caveats, warnings, penalties, etc.

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    To ALL Whom are Concerned:

    Open Carry is Legal in Ohio.

    The Conduct is Legal in Ohio, because; NO Codified Section of The Ohio Revised Code Prohibits that Conduct.

    The Subject Matter of Firearms, etc., is Reserved to The State of Ohio, under Ohio Revised Code 9.68.

    Ohio Revised Code 9.68 Includes Provisions for, et. al., [The] Carrying..., of Firearms, etc.,[...].

    If The Cincinnati Police were to Arrest You for Openly Carrying a Firearm, They would be Regulating into The Matter of Carrying a Firearm, that which is Forbidden to Them under The Plain Language of Ohio Revised Code 9.68.

    Simply put..., so as long as The Open Carrier is NOT in a Prohibited Place, and that Person is NOT a Person under a Firearms-related Disability, then, Ohio Law does NOT Prohibit that Person from Openly Carrying a Firearm in any other Place where Open Carry is Legal for that Person to do so.

    If Cincinnati were to Arrest You..., then, You could Bring Legal Action agaisnt Them to Enforce The Provisions of Ohio Revised Code 9.68(B).

    In Fact, Ohio Revised Code 9.68(C)(1) Specifically Includes Open Carry as Protected Conduct.

    aadvark

    *** The Entire Ohio Revised Code Section 9.68 can be Viewed here: http://codes.ohio.gov/orc/gp9.68 ***

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    Quote Originally Posted by color of law View Post
    Xspander, If that is so then I want what district you called. I need to speak with Lt, Cook. Cincinnati police know that open carry is legal and telling you that you may be arrested for exercising your rights needs to be dealt with.

    I called the Cincinnati Police main non emergency line 513-765-1212. I asked the operator who I needed to talk to and she said "you need an officer." and transferred me to Lt. Cook.

    If I do open carry I'm expecting to run into a LOE. What will they do? Run me through NCIS? I thought they can't even ask for ID unless a crime is being commited under the ORC. (I watched the video about the Beravercreek open carry story) So what's the real deal?

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    Regular Member Motofixxer's Avatar
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    Welcome aboard, my recommended suggestion is to read and study. I have compiled some info and videos. I strongly suggest you do some studying. You need to educate yourself to know what you can and should not do and what your Rights are. Follow my links and watch the videos at the bottom. Then you will begin to understand. The link is below in my Signature or Here

    They can ask anything they want...but they ask to gain voluntary compliance. It's up to you to know and understand your rights. Then make your own decisions based on them.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Xspander View Post
    I called the Cincinnati Police main non emergency line 513-765-1212. I asked the operator who I needed to talk to and she said "you need an officer." and transferred me to Lt. Cook.

    If I do open carry I'm expecting to run into a LOE. What will they do? Run me through NCIS? I thought they can't even ask for ID unless a crime is being commited under the ORC. (I watched the video about the Beravercreek open carry story) So what's the real deal?
    Check your PMs. I have personally talked with the new police chief (Jim Craig) about open carry and he clearly understands that it is legal.

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    Accomplished Advocate BB62's Avatar
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    ?????

    I just called the Cincinnati Police department and was told that there is no Lt. Cook, Cooke, or Koch.

    There is a "civilian" Cook (I'm assuming the spelling here), and a Patrol Officer Cook (again, assuming spelling), but no Lt. Cook.

    I talked to district 1, headquarters, and was told that there is no Lt. with a last name that could be misunderstood as Cook.

    I'll be glad to call the department and check on what you were told, but I need a better name (or another one who tells you the same thing).
    Last edited by BB62; 03-19-2012 at 01:18 PM.

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    Quote Originally Posted by Xspander View Post
    Hi All! I am new to this site and Open Carry. I, in fact, have not openly carried yet. Questioning what might happen to me when I come in contact with law enforcement, I called the non emergency line for the Cincinnati PD today asking about the legality of Open Carry in Cincinnati. I spoke with a Lt. Cook. First I asked him "Is it legal to open carry in Cincinnati?" His response was "If you open carry in Cincinnati you will probably be arrested for inducing panic or inducing a riot." I then asked him again "So is it legal to open carry in Cincinnati?" He hesitantly responded with "Yes, it is legal but you will still probably be arrested for inducing panic or inducing a riot." He went on saying "This is not Arizona where you can just carry around your firearms in the open. Someone will be calling us if they see you openly carrying." Not wanting to argue with the guy I said "Ok" and hung up the phone.

    If Ohio OC was upheld by the Ohio Supreme Court where is our legal protection to do so? Can they legally arrest you for this? If so will it hold up in court? This is what makes me hesitant to open carry. Any advice? Sounds like it's time to have an OC March in Cincinnati!
    All of the information provided on this thread is accurate. Open carry is a fully protected right in Ohio, and Ohio preemption overrides any Johnny Law wannabe police chiefs from imposing their anti-gun agenda on us, here in Ohio.

    Know your rights, study how to handle police encounters when OC'ing. Know when they can or cannot ask for ID, know how to ask "Am I being detained or am I free to go" in order to break "consensual contact" as they call it, know how to be absolutely silent (which is the best tool in your legal protection toolbox). And for the love of Hanna Barbera, buy and carry a good quality voice recorder or get the app for police recording for whatever phone you have (and install a password on the phone). And most important, practice encounters with friends if possible and learn to be what some consider a "jerk", in other words, a person who, when a cop approaches and says "Hi, hey, I have no problems with OC but somebody called, can I see some ID or your license to make them feel better" and you say "I do not need to produce ID officer. Am I free to go, or am I being detained".

    I OC every single day now, in Ohio. Not one single cop has stopped me or even initiated "consensual contact". One waved from a car when passing by me, and two others looked at me in a restaurant, nodded, and continued eating. The "Lieutenant" was blowing smoke up your rear, bro.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by GhostOfJefferson View Post
    All of the information provided on this thread is accurate. Open carry is a fully protected right in Ohio, and Ohio preemption overrides any Johnny Law wannabe police chiefs from imposing their anti-gun agenda on us, here in Ohio...
    (my emphasis)

    Really? Maybe you can tell that to the fellow in a suburb of Cincinnati who was charged with inducing panic, had to hire a lawyer, and eight months later, after multiple hearings and a decent sized legal bill, and only after a judges order, got his gun back.

    Maybe in your neck of the woods the way you describe things is the way that LEO's handle things, but not down here... yet.


    Quote Originally Posted by GhostOfJefferson View Post
    ...The "Lieutenant" was blowing smoke up your rear, bro.
    No, unfortunately he wasn't.

    As I said on another thread: Despite the laws, the summary of Ohio's laws here, O.R.C. 9.68, the Ohio Constitution, and the United States Constitution, you may be stopped, asked for ID, and threatened with charges.

    You can and may be charged with inducing panic, disorderly conduct, or anything else, depending on the officer and the county prosecutor (if he/she is involved).

    I know - one or more of the above has happened to me, or someone I know, in the past six months - and I have open carried off and on for more than five years.

    That said, if you're prepared to deal with those eventualities, then open carry. Be an ambassador to an inquiring public while you are doing so. Dress and act like a "respectable" citizen. If you want to take part in open carry activism, then do so.

    Very simply, if you don't want, and are not willing to accept the potential negative repercussions of open carry, then don't do it.


    The above statement does not mean that this is the way things are going to stay, but it is the way that things are in Cincinnati and its environs for the time being.

    Now, if we can just get the OP to respond to the fact that there isn't a Lt. Cook, maybe "we" can collectively resume the conversation he started.
    Last edited by BB62; 03-20-2012 at 05:17 PM.

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    Quote Originally Posted by BB62 View Post
    (my emphasis)

    Really? Maybe you can tell that to the fellow in a suburb of Cincinnati who was charged with inducing panic, had to hire a lawyer, and eight months later, after multiple hearings and a decent sized legal bill, and only after a judges order, got his gun back.
    Then the police are acting illegally and can (and should) be sued in court for violation of civil liberties under colors. Fact is, that's why it's fine in most places in Ohio to OC. We sued the living crap out of them. If you find police in your area acting illegally, then organize OC events, force their hand, and then remedy the situation in courts. For what it's worth, you'll find cops busting people in Vermont, Kentucky, New Hampshire and Wyoming as well, but that doesn't counter the fact that these places have a legal and protected right to OC. An exception does not make the rule invalid.

    Also, ORC 9.68 is very specific about who bears the burden of legal cost, and it's not the defendant if he was found innocent.


    As I said on another thread: Despite the laws, the summary of Ohio's laws here, O.R.C. 9.68, the Ohio Constitution, and the United States Constitution, you may be stopped, asked for ID, and threatened with charges.
    They can try. You don't have to provide anything and "threats" are meaningless unless you give in to them. Hence my advice to know your rights and stand your ground. It's a very simple drill "Am I being detained, or am I free to go". If detained, force them to articulate the crime they feel you've comitted and the reason they feel that you comitted it (while recording it on your voice recorder, mind you). I don't know what cases you've seen, but I strongly suspect that the OC'er was trying to play word games with the cops or tried to argue the law. All the cops need is one wrong word that they can twist enough to claim probable cause, then you're screwed. That's true in any state however, and applies not only to firearms but even to mundane traffic stops. I have heard of no real cases in my experience where a well trained LAC who provided the valuable answer of "silence" except for asking "am I being detained or am I free to go" and "no, I do not have to provide ID unless you're detaining me" was ever busted for anything (except people like Harlass, who are rogue loose cannons that would go off even in places like Arizona). I know it happens from time to time, don't get me wrong, but that doesn't mean that you do not have rights that are legally protected, it just means the cop(s) are acting like illegal gang members.

    You can and may be charged with inducing panic, disorderly conduct, or anything else, depending on the officer and the county prosecutor (if he/she is involved).
    Well, see, they can try to charge you (becoming much rarer), but the charge won't hold in court, and most of the time the threats are just that, they know (most of them) that they're blowing smoke up your rear and you'll walk away a free man if you don't back down. This isn't 1994 any longer, and the rules have changed as well as most all police departments/sheriff's being briefed on the legality and status of OC.

    It's really hard for them deny the legality now, given as even the AG has printed it in no uncertain terms in the Concealed Handgun booklet that's been distributed far and wide in Ohio, and which you can find in every Sheriff's office. Page 17 or 18 I believe, years 2011 and current. Disorderly conduct/inducing panic are nearly gone as well, since the definitions are easy to look up in the ORC and all you have to do is ask which specific item you're violating (again, with voice recorder recording their answers). If they persist regardless of the law, you have such a payday ahead it's not funny.

    I know - one or more of the above has happened to me, or someone I know, in the past six months - and I have open carried off and on for more than five years.
    You may want to visit buckeyefirearms or Ohioans for Concealed Carry (who also deal with OC), as they tend to organize protests, OC walks and help people with lawsuits regarding this kind of thing. The gentleman who was harassed and subsequently got Harlass fired is a member of OFCC, as it happens, and posted about it on the forum.

    That said, if you're prepared to deal with those eventualities, then open carry. Be an ambassador to an inquiring public while you are doing so. Dress and act like a "respectable" citizen. If you want to take part in open carry activism, then do so.

    Very simply, if you don't want, and are not willing to accept the potential negative repercussions of open carry, then don't do it.

    The above statement does not mean that this is the way things are going to stay, but it is the way that things are in Cincinnati and its environs for the time being.
    Sure, and if nobody does anything to change it where you live, well, there you go. What I'm stating however is still true, OC is a legal and protected right in Ohio. What you're countering with is that cops don't like it and will try to charge/intimidate you. Apples and oranges if you look at it. The law is the law, and when taken to court, we consistently win and many times win the countersuit that gets the cops fired. That's legal and protected (by the legal system as a whole). Press it enough since we have the law and courts on our side, and the cops will have to stop acting illegally, as most are doing except apparently in Cincy. If it were legal but not protected, the cops could do with us what they did prior to about 2004, which is make us eat pavement and laugh with their boots on our neck and we'd have no legal remedy. We do now have a means to fight back, so if you're feeling deprived of your rights, fight it, you'll win. I thus stand by my assertion as true and based on fact. The incidents of cops even bothering to talk to us "officially" are shrinking every year, as I follow the trends and reports on the various firearms forums I'm a member of. If Cincy thinks it's a different universe, let the places I mentioned know and I'm certain we can put them on the ropes like we did with Cleveland and Canton.

    BTW, have driven through Cincy before with my firearm on my side (on a motorcycle), nobody even looked at me cross eyed about it.

    Now, if we can just get the OP to respond to the fact that there isn't a Lt. Cook, maybe "we" can collectively resume the conversation he started.
    Indeed. Though I do wonder why people go to the police for legal advice on firearms. Seems like the last place you'd want to check, no matter what state you lived in. I suspect that if the event happened, he either misunderstood the officer's name (it can happen) or the person on the line, lied.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by GhostOfJefferson View Post
    Then the police are acting illegally and can (and should) be sued in court for violation of civil liberties under colors. Fact is, that's why it's fine in most places in Ohio to OC. We sued the living crap out of them...
    I think I can safely say that I have far more time and experience than you do dealing with open carry, the negative ramifications of it, open carry activism, and the lip-service paid to open carry by at least one Ohio gun group.

    Furthermore, I don't have the time or inclination to correct a number of your assertions, but I will address two of the most glaring:

    1) "Also, ORC 9.68 is very specific about who bears the burden of legal cost, and it's not the defendant if he was found innocent..." - good luck making that applicable to charges of inducing panic or disorderly conduct.

    2) "You may want to visit buckeyefirearms or Ohioans for Concealed Carry (who also deal with OC), as they tend to organize protests, OC walks and help people with lawsuits regarding this kind of thing..." - I can assure you that OFCC treats OCers (and OCing) like red-headed step children. They're two-faced, IMHO, about the practice. Buckeye, to my knowledge, has made more serious attempts to address such matters, but I believe there is some ambivalence within the organization. So, I come down on Buckeye's side.

    I think we agree that if one intends to open carry, one should do it with one's eyes fully open about the potential ramifications. If one expects "the law" to be on their side, think again. If one intends to be an activist for what's right and legal, I think we'd both welcome them, but... bottom line - if you have the time, money, and inclination, you can and should challenge things in court. But, don't expect it to be easy, and don't expect Ohio's gun groups to come running to assist you.

    In no way am I trying to dissuade those who will challenge the wrong in search of the right, but this Ohio "we" you talk about doesn't exist in a organized group form when the subject matter is OC.

    I think this subject has been giving a full airing here for those who are interested.
    Last edited by BB62; 03-21-2012 at 10:31 AM.

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    Quote Originally Posted by BB62 View Post
    I think I can safely say that I have far more time and experience than you do dealing with open carry, the negative ramifications of it, open carry activism, and the lip-service paid to open carry by at least one Ohio gun group.
    Well then, given as you know nothing about me personally but can safely assume things at your leisure, there's no point in discussion since your mind is already made up.

    Cheers.

  17. #17
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by GhostOfJefferson
    Know your rights, study how to handle police encounters when OC'ing. Know when they can or cannot ask for ID, know how to ask "Am I being detained or am I free to go"
    IIRC, it was Citizen who suggested an even better way:
    "Officer, why am I being detained?"
    Because that puts them on notice that you feel you are being detained (so you are) and they have to provide justification for it.
    I've heard that sometimes they're startled enough by the question to say "you're not being detained", in which case you walk away.

    know how to be absolutely silent (which is the best tool in your legal protection toolbox).
    "I want my lawyer. Her name is _______ ________. I will remain silent until she is present."
    Then do it.
    I found out that, at least in WI, cops don't have to give you access to a lawyer unless you request one by name. And even then, they don't have to do it immediately, or even stop trying to question you.

    a person who, when a cop approaches and says "Hi, hey, I have no problems with OC but somebody called, can I see some ID or your license to make them feel better" and you say "I do not need to produce ID officer."
    Or simply say "no".
    Point out someone walking past with a dog, or person of a different color, & tell the officer that makes you feel bad & would the officer check their ID to make you feel better.

    OP:
    There's a sticky thread in the WI forum titled "new to OC? things you should know". Some is specific to WI laws, much is general information.

    Pay special attention to the "don't talk to cops" videos.
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    why do you carry? To protect yourself against the gov't ! And yet you'll sit there and engage gov't officials. Just walk away! They try to engage you again? Order them to stay away & walk away. Engage again? Take action!

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    Since the OP has disappeared into the ether, I decided to make my own phone call, about 15 minutes ago.

    I called the non-emergency number (513-765-1212) and asked "Is it legal to openly carry a handgun, in a holster, in Cincinnati?" The woman responded that she was not an officer, but that she could connect me to one. Officer Campbell, of District 1, answered. I posed the question to her. Her answer was "If the person has a license." I asked "What kind of license?" She responded "The one that the Sheriff's office issues". (In Ohio, county Sheriffs' issue concealed carry licenses). She offered to transfer me to the Sheriff's office, but I declined.

    I asked her if there was an officer in charge that I could speak to. She asked "Why?" I said because her answer was not my understanding of the law, and that I wanted to double-check. She said that all those in charge were on the road/out. I asked who I would speak to IF they were "in the office" and she told me "Sergeant Robbins" (sp?).

    I thanked her, and said she could go ahead and transfer me to the Sheriff. After holding for a while, the call was dropped.

    Assuming the OP's post is accurate as to what the officer, whoever he was, said, then it seems Cincinnati has not only a training problem, but also a problem interpreting/applying the law.

    This seems like a matter worth pursuing further, and I intend to do so.
    Last edited by BB62; 03-21-2012 at 05:04 PM.

  20. #20
    Accomplished Advocate color of law's Avatar
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    Contrary to what the police chief knows to be a Constitutional right it's apparent his officers are not getting the training. I too called the Cincinnati police and was connected to officer Givens, badge 308, and was told that if a open carrying call was received such an action would be cause for alarm and an investigation would ensue.

    When I asked about policy dealing with open carry I was told I should call in the morning and talk to a first shift officer. He tried to sell the idea that a conceal carry license was required to open carry. By the tone of his voice I think he really really believed a license was required to open carry.

    This officer was polite but it was clearly apparent he had no clue.

    As to GhostOfJefferson's comments. There is a heavy price to pay to defend your rights. If you don't have the ability to defend yourself you better have 4 to 5 thousand bucks at your disposal to pay for your defense. And I ain't talking about prepaid legal services.

    I am not implying that you should not exercise your rights - I do it on a daily bases....

  21. #21
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    Quote Originally Posted by color of law View Post
    Contrary to what the police chief knows to be a Constitutional right it's apparent his officers are not getting the training. I too called the Cincinnati police and was connected to officer Givens, badge 308, and was told that if a open carrying call was received such an action would be cause for alarm and an investigation would ensue.

    When I asked about policy dealing with open carry I was told I should call in the morning and talk to a first shift officer. He tried to sell the idea that a conceal carry license was required to open carry. By the tone of his voice I think he really really believed a license was required to open carry.

    This officer was polite but it was clearly apparent he had no clue.

    As to GhostOfJefferson's comments. There is a heavy price to pay to defend your rights. If you don't have the ability to defend yourself you better have 4 to 5 thousand bucks at your disposal to pay for your defense. And I ain't talking about prepaid legal services.

    I am not implying that you should not exercise your rights - I do it on a daily bases....
    And do that I shall, and I have the ability to fund it (and will pursue recompensation under 9.68 after they are forced to drop any charges, if it comes to that). Fortunately, nobody bugs me much up here in central Ohio (as you know). Must be my square jawed handsome patriot looks, with cruel but attractive eyes, that keeps people from saying bad things. (that's a joke)

    What I find funny in an ironic way is that it will be the "well to do" that will get our rights back (as usual), while being spat at by the "99%" hippies who wish to take all of our rights away, and while being held in general disdain by apolitical people who are being raised to dislike anybody who makes more than $25,000 a year but who will benefit the most from having individual rights restored. An OT comment, just musing out loud.

    OT: If there needs to be an OC march or twenty down in Cincy, count me in.

  22. #22
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    Quote Originally Posted by BB62 View Post
    Since the OP has disappeared into the ether, I decided to make my own phone call, about 15 minutes ago.

    I called the non-emergency number (513-765-1212) and asked "Is it legal to openly carry a handgun, in a holster, in Cincinnati?" The woman responded that she was not an officer, but that she could connect me to one. Officer Campbell, of District 1, answered. I posed the question to her. Her answer was "If the person has a license." I asked "What kind of license?" She responded "The one that the Sheriff's office issues". (In Ohio, county Sheriffs' issue concealed carry licenses). She offered to transfer me to the Sheriff's office, but I declined.

    I asked her if there was an officer in charge that I could speak to. She asked "Why?" I said because her answer was not my understanding of the law, and that I wanted to double-check. She said that all those in charge were on the road/out. I asked who I would speak to IF they were "in the office" and she told me "Sergeant Robbins" (sp?).

    I thanked her, and said she could go ahead and transfer me to the Sheriff. After holding for a while, the call was dropped.

    Assuming the OP's post is accurate as to what the officer, whoever he was, said, then it seems Cincinnati has not only a training problem, but also a problem interpreting/applying the law.


    This seems like a matter worth pursuing further, and I intend to do so.

    Sorry I haven't checked this thread in a while. The officer I did speak with said his name was Cook and I could've sworn he said he was a lieutenant, however I might be mistaken. I do know for a fact that his name was Cook. Yes, this is legit. I'm not making this up.

  23. #23
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by color of law View Post
    Contrary to what the police chief knows to be a Constitutional right it's apparent his officers are not getting the training. I too called the Cincinnati police and was connected to officer Givens, badge 308, and was told that if a open carrying call was received such an action would be cause for alarm and an investigation would ensue.
    It would seem apparent that Officer Friendly believes he can intimidate Joe Citizen from carrying by responding with officers and an "investigation".

    Now, normally... I would be the last to suggest this, but since it's the police department's idea...
    Find a 'concerned friend' and have him accompany you to a few places for a few days. Since he's "concerned" he may freely call the police department on their (Non-Emergency Number, please)and express his concern.

    It's all fun and games... until Officer Friendly realizes he's the one being played, and then he won't want to play anymore.

    Don't allege any illegality
    Don't request a response
    Don't tie up any police resources
    Do state that you're pretty certain it's perfectly legal, but you just called to check.
    Last edited by Fallschirmjäger; 03-22-2012 at 05:24 PM.

  24. #24
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Xspander View Post
    Sorry I haven't checked this thread in a while. The officer I did speak with said his name was Cook and I could've sworn he said he was a lieutenant, however I might be mistaken. I do know for a fact that his name was Cook. Yes, this is legit. I'm not making this up.
    Okay...

    FYI, when you set up your account, you can designate an e-mail address in order to be notified when someone posts to a thread you started or have posted on. If you intend to stick around here, I suggest that you make use of that function. This will not only increase your credibility, but it will also facillitate better discussions.

    If you, like GhostOfJefferson, would like to take part in what seems to be some needed re-education, and/or some activism, stay tuned. I made some phone calls today, and will make more tomorrow. I will report back, hopefully then.

  25. #25
    Regular Member RCall's Avatar
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    Hmmm, never thought about this before but i think ill call my local P.D. (Tipp City) tomorrow and see what they have to say when i ask them if it is legal to open carry in town. I have been for about 6 months now with no LEO problems, but I tell you what when I take my daughter to the park she usually gets the whole playground to herself within 10 minutes on average and i get some nasty stares from time to time. but im not complaining.

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