Here are the facts we know: First, Ohio is an open carry state. The simple act of carrying a firearm openly is not a crime and can not be cause to even require an individual to produce identification or detain them. Basically, simply observing someone in Ohio carrying a firearm is not probably cause to even question them. Second, we have seen plenty of cases recently in the media in which open carry advocates have openly carried their firearms in public -- including AR15s -- and in stores like Walmart. Including, interestingly enough, in some communities right near this incident. In many of those cases, people called 911 to respond. But, in none of those cases, did police arrive with guns drawn and in none of those cases was any one killed. The officers simply observed attempted to ask questions but ultimately concluded that -- other than intimidating other people by virtue of open carrying -- no laws were violated.
Simply OCing is not carrying "in hand."
In this case, it was not even a real gun nor was it even owned by the victim. Interestingly enough the 911 caller referred to it as an AR 15. That statement in and of itself was false, which the trained officer should have realized on seeing the alleged "AR15" was false -- calling into question other statements the caller made in his observations.
If it looks like a real gun and a threat is perceived..... Ownership is not Germaine/relevant.
So, we have a young man, walking around with a BB gun that was for sale at Walmart, while talking on the phone. We have a customer who called 911 like other customers have done in cases where real guns have been carried in other situations. Except, unlike those other situations, the police seemed not to investigate and observe for themselves whether there was in fact criminal activity nor did they even seem to take to time to even notice that what was described as an AR15 was in fact not -- anyone knowledgable of firearms would see that on site (which tells me they did not hesitate to shoot) -- any for what? Even if it were a loaded AR15, the officer would not even have the right to stop and question the young man because it would be completely lawful in Ohio unless the officer himself witnessed (not a 3rd hand account) the individual pointing or threatening someone with the firearm. I think anyone who cares anything about their 2nd Amendment rights ought to be horrified by this case.
No way to tell that is was a BB gun taken out of the box .