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Thread: Police: Ohio Man Had Gun, Knives At Batman Showing

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    Regular Member Polynikes's Avatar
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    Police: Ohio Man Had Gun, Knives At Batman Showing

    This article popped up on a local news site in the Colorado area. Wondering if any of you OH locals have additional info.

    Authorities say a Cleveland-area man has been arrested for carrying a gun, ammunition and several knives into a showing of the "The Dark Knight Rises."
    http://www.kktv.com/home/headlines/P...165285286.html
    "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it." - Judge Learned Hand

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    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by Polynikes View Post
    This article popped up on a local news site in the Colorado area. Wondering if any of you OH locals have additional info.



    http://www.kktv.com/home/headlines/P...165285286.html
    I really hate reports like this, the assumption is carry a gun (without any further explanation/details) is a crime.

    Similar to "man was arrested for driving a vehicle today..."

    Is carrying a gun a crime in Ohio?
    "I support the ban on assault weapons" - Donald Trump

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    http://www.newsnet5.com/dpp/news/loc...-movie-theater

    From what they said on the noon local news, he was the first one in and got the 'tactical' seat. By all I have seen so far he was a copy cat of Aurora. More to come as details come out.

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    Mr. Teabag. 12 people were gunned down by a nutjob. It is very newsworthy to post a story on another nutjob taking guns and knives into a movie theatre. No sane person does that. The glue on your NRA bumper sticker has made you just as crazy.

    ... comment on the page .. its funny


    Also, they have been changing the story on this web page a few times I noticed...

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    Regular Member Polynikes's Avatar
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    Apparently, the updates to the article seem to imply that the police don't believe he was an actual threat.

    *edit* Proof again that a Gun Free zone doesn't stop guns from entering...
    Last edited by Polynikes; 08-07-2012 at 04:46 PM.
    "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it." - Judge Learned Hand

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    His attorney says he brought thr gun for self defense.

    http://www.cleveland.com/westlake/in..._river_default

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    Regular Member Nevada carrier's Avatar
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    Smith was charged Monday with four counts of carrying various weapons for each of the knives, one count of carrying a concealed weapon with no permit for the Glock and one count of carrying a weapon while having a disability.

    Read more: http://www.newsnet5.com/dpp/news/loc...#ixzz22u6IxwZd
    Wait, wait, wait just one second. Ohio prohibits people with disabilities from carrying a firearm? If this is so, can someone post the statute? Sounds highly prejudicial and discriminatory to me.
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    How did they discover he was carrying if he was carrying concealed?
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Quote Originally Posted by Nevada carrier View Post
    Wait, wait, wait just one second. Ohio prohibits people with disabilities from carrying a firearm? If this is so, can someone post the statute? Sounds highly prejudicial and discriminatory to me.
    Possession of a firearm under disability in Ohio means that the person is legally prohibited from possessing a firearm. I.e. a felony conviction, certain domestic violence offenses, etc. An actual physical or mental disability doesn't automatically prohibit one from owning a firearm in Ohio... yet.
    Last edited by JmE; 08-07-2012 at 07:09 PM.

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    Quote Originally Posted by KYGlockster View Post
    How did they discover he was carrying if he was carrying concealed?
    He had the gun in a bag. The theater was posted that bags are subject to search. Per the movie theater policy they exercised their right to search his bag and thus the gun was discovered.

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    Regular Member Nevada carrier's Avatar
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    Quote Originally Posted by JmE View Post
    Possession of a firearm under disability in Ohio means that the person is legally prohibited from possessing a firearm. I.e. a felony conviction, certain domestic violence offenses, etc. An actual physical or mental disability doesn't automatically prohibit one from owning a firearm in Ohio... yet.
    according to the reports, this man had no criminal record, what would bar you from possessing firearms that would not be reflected on your criminal record? The only thing I can think of is the status of his citizenship, which shouldn't be in question as he is a veteran.
    Last edited by Nevada carrier; 08-07-2012 at 07:32 PM.
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    http://www.wkyc.com/news/article/255...gun-and-knives
    Investigators said Tuesday Smith does not have a permit to carry a concealed weapon, and are also looking into whether he was on medication that would preclude him from owning guns.
    Hmm... I don't know of any prescribed medications that would preclude him from owning guns. AFAIK, he would have to have been adjudicated incompetent or have been involuntarily committed at some point prior. Does anyone else know of any specific prescribed medications in the ORC that would make such a statement in the article accurate?

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    Quote Originally Posted by Nevada carrier View Post
    what would bar you from possessing firearms that would not be reflected on your criminal record?
    Having been previously adjudicated by a court as incompetent and/or involuntary commitment for something other than like a 72 hour observation could do it. If he was addicted to a substance or under the influence of alcohol or medication for which he wasn't prescribed would do it. These are the only things that I can come up with at the moment.

    Quote Originally Posted by Nevada carrier View Post
    The only thing I can think of is the status of his citizenship, which shouldn't be in question as he is a veteran.
    AFAIK, he could be a veteran and not yet be a citizen. Is citizenship a requirement for firearm ownership in the USA? I don't believe there is an Ohio state prohibition for resident aliens, however, IANAL.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Nevada carrier View Post
    Wait, wait, wait just one second. Ohio prohibits people with disabilities from carrying a firearm? If this is so, can someone post the statute? Sounds highly prejudicial and discriminatory to me.

    Quote Originally Posted by JmE View Post
    Possession of a firearm under disability in Ohio means that the person is legally prohibited from possessing a firearm. I.e. a felony conviction, certain domestic violence offenses, etc. An actual physical or mental disability doesn't automatically prohibit one from owning a firearm in Ohio... yet.

    Yeah, but I like the thought process Nevada carrier was showing.


    Quote Originally Posted by thebigsd View Post
    He had the gun in a bag. The theater was posted that bags are subject to search. Per the movie theater policy they exercised their right to search his bag and thus the gun was discovered.
    I said it before somewhere else - someone needs to report the theater for making minor children handle firearms without parental permission and without adult supervision. Those kids looking inside your bags have at least constructive possession when doing the looking inside, and I'll bet most of them are not old enough under state or federal law to posses a firearm.

    And even if they were old enough to posses one, do you think The Bradys would approve of sending children -- CHILLLLLDRENNNNNN, I say! -- to search for those implements of mass murder? And why are we, the "gun community", not voicing our opposition to sending unarmed children -- CHILLLLLDRENNNNNN, I say! -- to search for those implements of mass murder? Don't they have as much right as an adult to defend themself against a mass murdering nut-job?

    stay safe.
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    Regular Member Nevada carrier's Avatar
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    Quote Originally Posted by JmE View Post
    Having been previously adjudicated by a court as incompetent and/or involuntary commitment for something other than like a 72 hour observation could do it. If he was addicted to a substance or under the influence of alcohol or medication for which he wasn't prescribed would do it. These are the only things that I can come up with at the moment.
    If it were involuntary, it would show up as a blemish in is criminal record. perhaps not as an indictment or conviction, but it would show up. But the report said there was Nothing in his criminal file. As long as you are using your Rx meds as directed, there's only one Rx med that bars you from possession of firearms... Medical marijuana. Can you get Rx medical marijuana in Ohio?
    Last edited by Nevada carrier; 08-07-2012 at 09:08 PM.
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    Quote Originally Posted by Nevada carrier View Post
    If it were involuntary, it would show up as a blemish in is criminal record. perhaps not as an indictment or conviction, but it would show up. But the report said there was Nothing in his criminal file. As long as you are using your Rx meds as directed, there's only one Rx med that bars you from possession of firearms... Medical marijuana. Can you get Rx medical marijuana in Ohio?
    (Disclaimer: I'm no expert in LEADS, etc.)

    I think it wouldn't show up in a criminal record. It might show up in a background check. Even then, it would only show if it was reported properly. One in the far past, before the proliferation of the internet and easy records transfer, might not show up as it may have never been reported or transferred out of the county or facility.

    As to the medication thing... yes, as long as the meds were as prescribed; I didn't mean those. I meant only those that weren't prescribed or were illicit. I thought of medical weed when I wrote the other reply but considered it an outlier. But, I wonder why or if methadone is different legally than medical marihuana a whole host of other drugs that are prescribed daily in the Buckeye State.

    Ohio, IIRC, once accidentally legalized it in the 1990's (I read about this a while back but can't find a source right now). It was a fluke and quickly repealed. As of right now, I know of no laws legalizing medical marijuana in Ohio.

    ETA: Ohio's Short Lived Medical Marijuana Law -- http://ohiopatientsnetwork.org/index...d=42:marijuana
    Last edited by JmE; 08-08-2012 at 12:00 AM. Reason: Found the link

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    Quote Originally Posted by skidmark View Post
    Yeah, but I like the thought process Nevada carrier was showing.
    I missed it...

    Quote Originally Posted by skidmark View Post
    I said it before somewhere else - someone needs to report the theater for making minor children handle firearms without parental permission and without adult supervision. Those kids looking inside your bags have at least constructive possession when doing the looking inside, and I'll bet most of them are not old enough under state or federal law to posses a firearm.
    Owwww, good point! I like it.

    Quote Originally Posted by skidmark View Post
    And even if they were old enough to posses one, do you think The Bradys would approve of sending children -- CHILLLLLDRENNNNNN, I say! -- to search for those implements of mass murder? And why are we, the "gun community", not voicing our opposition to sending unarmed children -- CHILLLLLDRENNNNNN, I say! -- to search for those implements of mass murder? Don't they have as much right as an adult to defend themself against a mass murdering nut-job?

    stay safe.
    ROTFL!

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    Under what authority does a Security officer and a Theater Manager have to search his bag or any of his possessions?
    They may ask me to leave, but their not searching me or my property without warranted cause.

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    Quote Originally Posted by JSlack7851 View Post
    http://www.newsnet5.com/dpp/news/loc...-movie-theater

    From what they said on the noon local news, he was the first one in and got the 'tactical' seat. By all I have seen so far he was a copy cat of Aurora. More to come as details come out.
    Guess you hadn't seen enough of the story before you drank the liberal kool-aid and labeled this guy a domestic terrorist. A maxpedition Fatboy bag designed for concealed carry, 2 extra mags, 3 knives in the bag and sitting in the back row made this guy suspicious. Sounds like my EDC. My Oakley canvas messenger bag that I carry my laptop in has 2 "tactical" folders, a Leatherman, 2 "tactical" LED flashlights, 2 Glock mags, and a ball of paracord in it. Glock is on my hip.

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    Quote Originally Posted by MR Redenck View Post
    Under what authority does a Security officer and a Theater Manager have to search his bag or any of his possessions?
    They may ask me to leave, but their not searching me or my property without warranted cause.
    Exactly!!! They can post a sign saying they reserve the right to search bags and I reserve the right to decline to such illegal search and leave the premise with a refund when asked to.

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    Regular Member hammer6's Avatar
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    "What concerns us is where he was sitting in the theater," Arcuri was quoted as saying. "If he chose to do something there, all his potential victims were in front of him and he had an advantage over them."

    So sitting there is RAS?

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    Regular Member Nevada carrier's Avatar
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    It's not clear what his motive was
    So far it seams clear that his motive was to see a movie.
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    The more comments that I read from clueless people on those news article comment sections... wow. My head begins rotating around like the cartoon character Stewie from Family Guy and I think "Really?!?!" So many seem to me as incredibly ignorant, naive, and willing to give up their rights easily. They appear be very much indoctrinated into whatever the media shovels into the public trough these days. Is this truly what has become of the people of the Republic; are "we the people" on crack? Really?!?! *sigh*

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    http://www.huffingtonpost.com/2012/0...n_1753951.html

    Arcuri said one of the charges police may pursue for Smith is having weapons under disability. He said Smith was taking daily medication, but he would not elaborate on what that medication is.

    "Our contention is that he's drug dependent," he said. "And as a result, he should not be possessing a firearm."
    Here we go. This one looks like it might turn out to be quite a stretch.
    Last edited by JmE; 08-08-2012 at 07:18 AM. Reason: formatting

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    Why do people make comments without actually reading the news articles?

    1. The search was done by a Westlake police officer doing security at the theater.
    2. The guy gave the officer permission to search his bag.

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