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Thread: Misleading news article

  1. #1
    State Researcher dng's Avatar
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    I ran across this article in this morning's paper, and I have included the email I sent to the Canton Rep. It is sad to see how few people know about their right to open carry, and how the Sheriff's department makes it seem that if you do not have a CCW, you are not allowed to carry.

    Here is a link to the story:

    http://www.cantonrep.com/index.php?I...ubCategoryID=0

    And here is my email:

    To Whom It May Concern:

    I am contacting you in regards to an article I read this morning, which I have posted below. It is a well written article and very informative, but there is one section that I believe is misleading:

    Chief Deputy Rick Perez of the Stark County Sheriff's Department said an individual collector can sell a gun to someone at a gun show without requiring a permit to carry concealed weapons or a background check.

    "You can own a gun and even take it to the range without having a (carry-conceal) permit, as long as you don't have it loaded," he said. "As long as the ammunition and the weapon are separated and out of reach, you're not breaking the law."

    What Rick Perez said is only partially true. If you are transporting the firearm in a vehicle without a permit, you are required to have it unloaded, but if you go to the range on foot, it is your constitutional right to open carry a loaded firearm to and from the range. I understand the majority of people would drive a vehicle to a range, but I am confident it is important to the Canton Repository to publish the entire truth.

    Rick Perez's statement seems to be very misleading, unless there was more to his quote than was published. The important fact that one can own a firearm and carry it without a permit is missing. No where in the Ohio Constitution is open carry prohibited. While it is illegal to carry a concealed weapon without a permit, it is entirely legal to open carry a loaded firearm, which I do every day. Rather than pay approximately $150.00 for classes and a permit, wait for the Sheriff's department to run background checks to grant me the "privilege" to exercise my Second Amendment rights, and risk having a newspaper like the Sandusky Register illegally printing my personal information, I prefer to open carry a holster handgun. It is a good deterrent to crime, gives me easy access to my firearm if I should need it, and with the summer heat, it is a much cooler way to carry.

    Thank you for reading my comments, and I hope the Repository will take these facts into account when articles regarding firearms are published in the future. If you have any questions, feel free to contact me.

    Sincerely,
    dng


    Federal agents not usually visible at local gun shows
    Sunday, July 15, 2007
    By Lori Monsewicz
    REPOSITORY STAFF WRITER

    If federal agents have shown up at any Stark County gun shows, their presence has gone pretty much unnoticed. "I've never had a problem," said Terry Roan, who has organized the Stark County Gun Collectors' shows for the past 17 years.

    Roan said agents with the U.S. Department of Alcohol, Tobacco, Firearms and Explosives could be walking around a gun show and no one would know.

    "If they're here, they are here to make sure you're doing everything legally," he said. "They could be walking around a show or buying a gun from a dealer and if the dealer doesn't do what he's supposed to, they can arrest you."

    Dealers are required by federal law to run background checks on people who want to buy a gun from them. They must carry a federal firearms license. Roan said dealers can use a cell phone to dial a phone number of an agency in Clarksburg, W.Va., to request an instant background check.

    The agency, National Instant Criminal Background Check System, was created in 1993 so any dealer with a federal firearms license could request a background check to determine a buyer's eligibility to possess a weapon.

    Individuals selling guns, however, aren't required to run background checks.

    Chief Deputy Rick Perez of the Stark County Sheriff's Department said an individual collector can sell a gun to someone at a gun show without requiring a permit to carry concealed weapons or a background check.

    "You can own a gun and even take it to the range without having a (carry-conceal) permit, as long as you don't have it loaded," he said. "As long as the ammunition and the weapon are separated and out of reach, you're not breaking the law."

    In Stark County, the only gun show takes place in Massillon, where Roan's club presents a 128-table gun show on the first weekends in April and October. The next shows are Oct. 6 and 7 at the Knights of Columbus on Cherry Road.

    Massillon Police Capt. Joe Herrick said law enforcement departments do not do the background checks for gun shows.

    Herrick said dealers are the only ones required to conduct those checks and ensure the person they sell a gun to has met federal ownership requirements.


  2. #2
    State Researcher HankT's Avatar
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    dngreer wrote:
    Chief Deputy Rick Perez of the Stark County Sheriff's Department said an individual collector can sell a gun to someone at a gun show without requiring a permit to carry concealed weapons or a background check.

    "You can own a gun and even take it to the range without having a (carry-conceal) permit, as long as you don't have it loaded," he said. "As long as the ammunition and the weapon are separated and out of reach, you're not breaking the law."

    What Rick Perez said is only partially true. If you are transporting the firearm in a vehicle without a permit, you are required to have it unloaded, but if you go to the range on foot, it is your constitutional right to open carry a loaded firearm to and from the range. I understand the majority of people would drive a vehicle to a range, but I am confident it is important to the Canton Repository to publish the entire truth.


    I think the focus on the article in generaland specifically in the statement by Perez is simply on the transportation (to a range or gun show) of a firearm, excluding the method of transportation by carrying it (legally) on your person.

    Of course, carrying (legally,CC orOC) a firearmto arange or show is one way to getit there. But hardly the most predominantway.

    So, I don't see any substantial distortion or omission in the rather short article, given the context and focus of it.

    I suspect you are right on, though, in suspecting that Perez said more than what he was quoted as saying. And that there istherefore,lack of acknowledgement of the carrying to the range/show method in the article.

    Good letter to theCanton Repository raising the issue.





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    Maxtlatl from OFCC forum said it well.......................
    I know the common "wisdom" is that open carry is a fundamental right supposedly guaranteed by the Ohio Supreme Court, but I am not so sure about that.

    The OSC ruling was pre-concealed carry reform, and the point was that while carrying a weapon is a fundamental right, the manner of carrying it is subject to reasonable restrictions. Back then, it was no concealed carry that was considered a reasonable restriction.

    Well, now we have concealed carry. I can see the possibility of a newer court ruling that would say that, now that concealed carry is allowed, prohibiting carrying openly is a reasonable restriction, since a manner of carrying (concealed) is still allowed.

    It's the carrying that is fundamental, not the manner of carrying. As long as you can do it one way, they might not have to allow a different way.

    Just speculatin'
    We need a bill at the federal levelthat makes all firearms laws consistent across the USA.........

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    Splat!! wrote:
    We need a bill at the federal levelthat makes all firearms laws consistent across the USA.........
    We already have too many federal laws, regulations, rules, etc.

    I don't think I care to give the feds any more power, they already "take"too much power as it is.

    I'm no expert, but I suspect there is very little federal gun law that is essential from a necessary-federal-powersperspective, very little that could not be handled by the states.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    The states should have no power to enact any gun laws..................That is why we have the mess now.......Too many laws, The right to keep and bear arms should never differ from state to state.........High ranking supreme court justices [Federal or State]with many years exp. in law , can't come to anunanimous decisions.So how can we except the average joe to understand the laws and the enforcers to apply them fairly............

    Need to reaffirm the right to keep and bear arms in the USA .....................

    Thereare no stipulations on....where and how.................

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    Any private citizen - licensed collector or not - can sell a gun at a gun show, at least in Ohio. That said, the ATF goes to great lengths to remind collectors that they are NOT dealers and cannot engage in the "regular" practice of buying and reselling guns for profit, so even someone with a C&R (actually, anyone lacking a "proper" class 1 dealer or class 2 pawbroker license), can get in a jam over this. Also, possession of any class of FFL does not entitle anyone to carry concealed anywhere - this is regulated at the state level. This article is a bit off in the details.

    -ljp

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