Massillon attempting to say open carry is illegal there

I received an email from one of our members taht Massillon had a restrictive local ordinance in place banning the carry of weapons so I decided to look it up and check it out. Here is how the encounters went. These are taken straight from our facebook page.

"Ok guys we have a serious problem in the city of Massillon that needs addressed. I just called the Massillon department of law and was transferred to the Massillon Police Department. I asked them about local ordinance 549.12 which states that "no person shall carry on or about his person a pistol..." I asked what this meant and was told that this didn't apply if you had your ccw. I then asked about open carrying a firearm since you do not need a ccw to openly carry. I was told that the open carry of firearms in Massillon is prohibited. I told them that went counter to ORC 9.68 and the City of Cleveland v state of Ohio preemption decision and was asked "what's your point?" I said my point was that it was illegal for them to enforce such an ordinance in the State of Ohio. He got very irritated with me and told me that if I carried a gun openly in Massillon I would immediately be arrested and he would let the courts figure it out. I told him that if he knew it was illegal to enforce and he still chose to arrest me or detain me that he would be knowingly violating my civil rights which is a first degree misdemeanor in Ohio. He said that that is fine and said again that if I came here with an openly carried firearm I would be arrested and the courts could "deal with me." He then started saying goodbye and I asked for his name which he begrudgingly gave me. He again tried to hang up and I asked for a number I could reach him at. He refused to give me his number and told me to call the non emergency police number to get through to him. His name is James Slutz and I believe he was at the Massillon Police Department although they transferred me 3 times so I'm not sure where I ended up. I hope I got the spelling of his name right. He was speaking very fast and trying to hang up."

10 minutes later...

"Ok I contacted the Stark County Prosecutors Office and explained what happened. They recommend that we try one more time to go through the city prosecutors office and let them know what happened with MPD. If I get the same response from them they want me to file a formal complaint with Stark County and it will be referred to the prosecutors office and we will continue from there. So as soon as I get a chance I will call city prosecutor back."

4 hours later...

"Ok, newest update on Massillon. I called the Massillon prosecutors office again and was first told that there was no one there that could help me today. After I informed them that I called the Stark County prosecutor’s office and they recommended I start with the City office, 2 minutes later an attorney was on the phone. Talked to her for about 15 minutes and explained the situation. I told her I was completely disturbed by my conversation with the MPD and that I needed to have the members of my organization who live in Massillon be afforded the same rights as everyone else in Ohio. I completely explained the preemption law and she said that as long as there was a law on the books in Ohio that preempted their statute, there wasn’t much the officers could do and basically eluded to the fact that if someone did get arrested for it that the charges would be dropped. I told her that the ordinance needed to be completely removed so that no lawful citizens got arrested and had to go through the legal process at the cost of the city when the case is dismissed. She said that it appeared like we could get it removed and said that she could not do it from the prosecutor’s office, that she needed to transfer me to the Massillon City Council. I talked to a lady there who was very confused about the preemption law and though that Massillon’s ordinance was directly from the ORC and she couldn’t change a state law. I informed her a number of times that this was not the case. She said she had to check back with the law director of Massillon (which was the first place I called at the beginning of all this!). He will not be available until Friday, so she said she would check with him and get an answer and get back to me by Friday. I am exhausted, but thrilled at the same time that we can proudly say we are working very hard on making the city of Massillon friendly to law abiding gun owners and open carriers. Thank you all for the support and I will keep you all updated as soon as I hear something else. Stay safe NEO Carry.

-Brett"


As soon as we get this issue resolved, NEO Carry will be organizing an open carry firearm educational walk through Massillon. I will keep everyone updated on what is going on.

Read St. John v. McColley. Then call Slutz back, tell him about it, and ask him to read it. Tell him that if any of his officer try to do what he said they'd do, he'd be exposing them to being personally sued. Tell him that St. John is a recipe for piercing the qualified immunity that police officers normally enjoy.

Also, if he is a high enough ranking city or MPD official that what he says it city or MPD policy, then he is exposing the city and the MPD to having immunity pierced.

He needs to know that folks will hold him and his officers accountable for their crimes, even if we can only do so in civil court.

BTW, under what ORC is an illegal detention a misdemeanor? I need to put that number in my bag--right next to St. John.

I have personally open carried in Massillon and have never had a problem. The only time I do go to Massillon is during the car show/fireworks down Lincoln way. They have a police tent up and a few officers patrolling. I have walked past the tent and I have talked to a officer and nobody even asked about it. It's not like they didn't see it because its a full size 1911. At one point I did have a pair of officers following me but they could have just been going in the same direction so I didn't think anything of it.

Ill definitely be checking back for the OC walk. If I can make it ill definitely be there.

As soon as we get this issue resolved, NEO Carry will be organizing an open carry firearm educational walk through Massillon. I will keep everyone updated on what is going on.

Well I don't suppose it would be possible to combine that with the Youngstown event.

I ran across a YT video where a guy asked about open carry in a public library. I know those here have brought me around to the fact that it's better to just do it if theres no sign against it. But anyway, the person working at the library flipped out over the question, called police and convince them to stand as gaurds making sure the guy never shows up with a gun. This after the guy agreed to abide by their wishes and not carry there. From what I gather, half the library's staff is in an uproar over the simple question.

My neighbor and I had a conversation yesterday where he came to shouting and I nearly did as well. We heard a radio talk show say something about banning guns. He feels strongly that citizens should not be allowed to own guns. I was surprized to hear this from him, and it made me realize just how big of a fight not only OCers have ahead of them, but anyone who wishes for the freedom to own and carry a gun in any fashon. He was calling people who had guns "stupid idiots" and said I should be taken away, locked up and my gun taken. The passion in his voice was such that I'm almost afraid he might make calls to try and make it happen.

Whats with some people? Who refuse, or can't grasp the simple concept of personal freedom.

The senate passed the gun control bill. Step 1 to bans and confiscation. So you can ask that last statement to our senators now. I called them everyday for two weeks and vented my feelings about the bill that it should be tossed out, and now it's moving along with liberals resorting to political extortion to gain votes. How do you think Harry Reid got the minority leader to back the bill? Idk about everyone else but I feel failed by the government and the NRA. Joanie, your neighbor is a person who is right there with the liberals ******** on the constitution. Now we are watching things about to occur that our ancestors fought very hard against in the past.

Jordysoso said:

The senate passed the gun control bill. Step 1 to bans and confiscation. So you can ask that last statement to our senators now. I called them everyday for two weeks and vented my feelings about the bill that it should be tossed out, and now it's moving along with liberals resorting to political extortion to gain votes. How do you think Harry Reid got the minority leader to back the bill? Idk about everyone else but I feel failed by the government and the NRA. Joanie, your neighbor is a person who is right there with the liberals ******** on the constitution. Now we are watching things about to occur that our ancestors fought very hard against in the past.

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You must have the inside track, cuz I don't see it anywhere on the U.S. Senate website.

Or is this it?

http://www.senate.gov/legislative/L...ote_cfm.cfm?congress=113&session=1&vote=00095

Orc

eye95 said:

Read St. John v. McColley. Then call Slutz back, tell him about it, and ask him to read it. Tell him that if any of his officer try to do what he said they'd do, he'd be exposing them to being personally sued. Tell him that St. John is a recipe for piercing the qualified immunity that police officers normally enjoy.

Also, if he is a high enough ranking city or MPD official that what he says it city or MPD policy, then he is exposing the city and the MPD to having immunity pierced.

He needs to know that folks will hold him and his officers accountable for their crimes, even if we can only do so in civil court.

BTW, under what ORC is an illegal detention a misdemeanor? I need to put that number in my bag--right next to St. John.

Click to expand...

This is what I was referring to.

http://codes.ohio.gov/orc/2921.45

Thanks. I'm relatively new to Ohio. I had a great handle on Alabama law, but had to start over from scratch a few months ago.


Sent from my iPad using Tapatalk.

<o>

Griz said:

You must have the inside track, cuz I don't see it anywhere on the U.S. Senate website.

Or is this it?

http://www.senate.gov/legislative/L...ote_cfm.cfm?congress=113&session=1&vote=00095

Click to expand...

That's the bill yes. If read in it's entirety, there will be new taxes along with AR bans an HIGH CAP MAGAZINE bans as amendments. They opened the door with the passing of the bill and now it will take ALOT to stop their momentum.

joanie said:

...
My neighbor and I had a conversation yesterday where he came to shouting and I nearly did as well. We heard a radio talk show say something about banning guns. He feels strongly that citizens should not be allowed to own guns. I was surprized to hear this from him, and it made me realize just how big of a fight not only OCers have ahead of them, but anyone who wishes for the freedom to own and carry a gun in any fashon. He was calling people who had guns "stupid idiots" and said I should be taken away, locked up and my gun taken. The passion in his voice was such that I'm almost afraid he might make calls to try and make it happen.

Whats with some people? Who refuse, or can't grasp the simple concept of personal freedom.

Click to expand...

To heck with Youngstown. We need to have an open carry walk in your front yard!

I wonder what your neighbor would think about my 11-year-old daughter walking around openly carrying her firearms? Yes. Plural. Firearms.

Jordysoso said:

The senate passed the gun control bill. Step 1 to bans and confiscation. So you can ask that last statement to our senators now. I called them everyday for two weeks and vented my feelings about the bill that it should be tossed out, and now it's moving along with liberals resorting to political extortion to gain votes. How do you think Harry Reid got the minority leader to back the bill? Idk about everyone else but I feel failed by the government and the NRA. Joanie, your neighbor is a person who is right there with the liberals ******** on the constitution. Now we are watching things about to occur that our ancestors fought very hard against in the past.

Click to expand...

Where the heck are you getting this information? No gun control bill has passed the US Senate. There was a vote on whether to filibuster the bill yesterday which the liberals won, but Mitch McConnell, the minority leader, voted in favor of the filibuster as did Ohio Senator Rob Portman.

To heck with Youngstown. We need to have an open carry walk in your front yard! I wonder what your neighbor would think about my 11-year-old daughter walking around openly carrying her firearms? Yes. Plural. Firearms.

Hard to say what he would think. I thought I had him pegged as someone who was pro gun, so you can imagine how shocked I was, and still am to see this side of him come out. We actually have agreed an most things including our choice in who to vote for president (Gary Johnson) last election. An open carry walk through Grove City would be interesting. The street I live on is in Franklin county Sheriffs juristition, but walk a few feet and you crossed over to Grove City juristition. I can see one form of police show up and we just cross over into the other juristiction. Grove City is broken up like that and spread out, weird. So you can seemingly go futher away from the city and end up right back in it. As you probibly know, Grove City has some really nice walking trails, ponds and parks.

It might be a bad choice for me to OC walk just because the police around here know me so well and already have managed to have me banned from certain bussiness. Not that I wouldn't do it, I'd probibly have to do so with a group and keep out of places I need to be welcome at. Golden Corral would be on that list, I love their pot roast.

I have always been happy with Franklin county's lack of interest in my open carrying.

I will admit to never having encountered a GCPD officer, so I don't know their take on things.

I did contact the city a while back to tell them their rules in the skate park could not ban firearms. That sign has since been removed. I have not looked lately to see if a new sign has been posted.

If the cold weather would stay away, it would be easier for me to OC there some weekend. This one would have been perfect as I don't really have anything else going on.

Count me in for an open carry walk in grove city. I carry at the walmart off of stringtown all the time. GCPD is hit or miss. Last time I had an encounter with them the officer did not notice my firearm until well into the encounter.

N605TW said:

Count me in for an open carry walk in grove city. I carry at the walmart off of stringtown all the time. GCPD is hit or miss. Last time I had an encounter with them the officer did not notice my firearm until well into the encounter.

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What kind of encounter? "Hi. How ya' doin'?" or "Up against the wall, mutha..."?

I'd rather deal with Grove City police than Franklin county sheriff. Thats not to say I'd want to have to deal with any police or sheriff, only that I think my chances of ending up in jail is less with Grove City, though they will still charge me with crimes and trust me to show up in court of my own free will. The FCSD, have arrested me on laughable things I knew wouldn't hold up in court. I think they are better protected and feel some kind of power trip by being able to keep me locked up for a few days.

I'll go on record saying I think it would be a better idea to have a central ohio open carry walk event at Goodale park in Columbus. Only because events, walks and stuff, have been held there before. High st is a magnet for it. However Grove City would be good as well and I'd be in really anywhere with the exception of risking a truspass warning at a place I need to visit in the future.

I carry at the walmart off of stringtown all the time.

Would you mind some un armed company? I've just got to see this. Thats where I pick up my perscriptions and they are about due for pickup. I've been there a few times looking for 38spl hollow points, no luck so far.

Have you been harassed by Columbus cops? I've never had any problem with Columbus PD and open carry.

Save your open carry walks for cities and villages that 'need' them. That's why I was asking about Grove City. If your issues with them haven't been related to open carry, I doubt an open carry walk will do any good.

Now, an open carry walk in front of your neighbor's house? It DEFINITELY won't do any good, but it would still be fun!

:banana:

Have you been harassed by Columbus cops? I've never had any problem with Columbus PD and open carry. Save your open carry walks for cities and villages that 'need' them. That's why I was asking about Grove City. If your issues with them haven't been related to open carry, I doubt an open carry walk will do any good. Now, an open carry walk in front of your neighbor's house? It DEFINITELY won't do any good, but it would still be fun!


Columbus police? yeah, long time ago and they was justified in the stop. They did however pull guns on me and start screaming at me when they found a Stanley #99 utility knife in my pocket. I forgot I had it, so I guess I didn't warn them, didn't really see the big deal, the blade was retracted. What an angry bunch, but again, many years ago.

Grove City did accuse me of having a gun when they truspassed me from Family Dollar in 2010. BTW- they had no sign, and I had no gun. I'm thinking somebody from the laundrymat next to Family Dollar seen part of my camera in my purse. The incident report said I had a 33 in my purse, thats police talk for a gun. The thrift store is in the same parking lot and every time I go there, police show up a few minutes later. They don't do anything but make sure I'm not doing anything.

Far as my neighbor, lol, I already have plans to mow the grass this summer with a push mower while OCing. That should be interesting. But if you want to mow my yard for me, or have your daughter too, maybe we can take turns, while OCing, we can all join in on the fun.

Open Carry Debate- 7 parts,

1- http://www.youtube.com/watch?v=ElHCW2fin4E

7- http://www.youtube.com/watch?v=OCtr8jdRaoQ

Mar 26, 2010 Open Carry Debate - American Legion Post

Earl McIntosh debated Chief of Police Ron Miller Monday evening 3/15/2010 at the American Legion Post 1 at 6:30pm. Mr. McIntosh is the co founder of Open Carry of Topeka and has spearheaded keeping it legal. The issue at hand was the validity of the current open carry policy which has been legal since 2007. It was recently discussed at a city council work session where the support for open carry was overwhelming. The LPKS sees this as a 2nd Amendment issue infringing on an individuals right to choose, another example of the Topeka City Council micromanaging the citizens, restricting a legal activity with no known prior problems, and utilizing fear tactics as opposed to pragmatic logic.