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LEO encounter while OCing in Akron

DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
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Pauly wrote:
I edited my post for clarity. I just assumed bold and italicized text would be indication enough that those aren't my words. I apologize for the confusion. Again, the bold stuff is the response I received from my wife's step-father. They aren't my words. I support open carry and was looking for apropriate responses to the e-mail. I don't want to just call him a pussy. I want concrete evidence and law backing my beliefs. Any help would be apreciated.

(wow! I have enemies 4 posts in. That must be some kind of record, huh?) :banghead:

my apologies for my remarks. I do understand being new to a forum and not knowing how to separate quotes from a copy as well as those being your own words.

I understand now that these are not your words and would like to retract my statement towards you. welcome to OCDO
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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Taclead wrote:
He introduced the training Sgt as well as himself and stated that he was aware (the Sgt must have filled him in) that OC was legal but informed me that Akron still had a law (ordinance) on the books that prohibited OC. I informed him that HR347 passed last Nov and that went into effect in Mar/Apr preempted all locality laws. The training Sgt agreed but the Lt said because the law was still on the books in order to get the law repealed they may have to charge someone (arrest). I informed him thatmy lawyers were right upstairs if he wanted to take that route.
Well, it looks like the LT came around to the fact that when state statutory law says a local ordiance is invalid it does not take a court to specifically strike it down - arresting you under the facts alleged where he had acknowledged personal knowledge of a clear state law forbidding enforcement could have enabled you to overcome the usual qualified immunity defense in a civil action agsoint the officer and the City.

More folks need to OC on foot in Ohio like you so that the word gets out. For those uncomfortable refusing an LEO's "request" for your papers (ID), it might be easiest of you sterile carry (no ID) while on foot and then you can simply say "ID, I don't have any ID. But do you have a businesscard or somthing? As I will be making an inquiry to your department as to why you are asking me for ID when I have (1) done nothing wrong and (2) have no duty to have any ID."
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
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OHIO REVISED CODE

2921.13 Falsification - in theft offense - to purchase firearm.

(A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

(1) The statement is made in any official proceeding.

(2) The statement is made with purpose to incriminate another.

(3) The statement is made with purpose to mislead a public official in performing the public official’s official function.

(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits; economic development assistance, as defined in section 9.66 of the Revised Code; or other benefits administered by a governmental agency or paid out of a public treasury.

(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.

(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.

(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.


(8) The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person’s detriment.

(9) The statement is made with purpose to commit or facilitate the commission of a theft offense.

(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.

(11) The statement is made on an account, form, record, stamp, label, or other writing that is required by law.

(12) The statement is made in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.

(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the secretary of state, a county recorder, or the clerk of a court of record.

(14) The statement is made with purpose to obtain an Ohio’s best Rx program enrollment card under section 173.773 of the Revised Code or a payment under section 173.801 of the Revised Code.

(15) The statement is made in an application filed with a county sheriff pursuant to section 2923.125 of the Revised Code in order to obtain or renew a license to carry a concealed handgun or is made in an affidavit submitted to a county sheriff to obtain a temporary emergency license to carry a concealed handgun under section 2923.1213 of the Revised Code.

(16) The statement is required under section 5743.72 of the Revised Code in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.

(B) No person, in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, shall knowingly furnish to the seller of the firearm a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.

(C) No person, in an attempt to obtain a license to carry a concealed handgun under section 2923.125 of the Revised Code, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person’s competence in handling a handgun as described in division (B)(3) of section 2923.125 of the Revised Code.

(D) It is no defense to a charge under division (A)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.

(E) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false.

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), (14), or (16) of this section is guilty of falsification, a misdemeanor of the first degree.

(2) Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, falsification in a theft offense is a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, falsification in a theft offense is a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more, falsification in a theft offense is a felony of the third degree.

(3) Whoever violates division (A)(12) or (B) of this section is guilty of falsification to purchase a firearm, a felony of the fifth degree.

(4) Whoever violates division (A)(15) or (C) of this section is guilty of falsification to obtain a concealed handgun license, a felony of the fourth degree.

(G) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

Effective Date: 04-08-2004; 06-30-2005; 04-06-2007; 07-01-2007

This law applies to LEOs as well as citizens!!!
 

dng

State Researcher
Joined
May 25, 2007
Messages
1,290
Location
, , USA
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Mike wrote:
More folks need to OC on foot in Ohio like you so that the word gets out.
+1 It will take time, but hopefully more and more people will start to OC here in Ohio, (which is, btw, is home to the #1 college football team in the country!) :D
 
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