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Thread: **Update** - LEO encounter while OCing in Akron

  1. #1
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    Below is a police bulletin as a result of my discussion with the Akron Police (See LEO encounter while OCing in Akron) written by Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.

    Information for officers regarding “Open Carry” of firearms by citizens


    In late summer in Akron, Ohio a couple officers saw a man walking on a Main St. sidewalk with a pistol strapped in a holster on his hip in plain view. The man said nothing and did nothing threatening. In fact, he was with his adult daughter and the two stepped into a restaurant to order food. He was just going about his own business. The officers were concerned, not yet alarmed, but wondered, “What police action should we take?”


    When Concealed Carry was made legal in Ohio some changes came about that affect local law. Most recently, state law enacted “preemption” with purpose to make any and all laws pertaining to firearms a statewide matter with uniform regulation and enforcement. Simply put, the state law trumps any pre-existing local ordinances and prohibits creation of new ordinances in conflict with state law.

    Under state law, there is no prohibition against carrying a firearm openly, i.e., not concealed. A permit is not required to carry this way. Carrying a pistol openly on the hip is not breaking the law. This action in and of itself alone is not a basis for a stop.

    Neither is carrying a gun openly disorderly conduct or inducing panic. If an officer engages in conversation with a person who is carrying a gun openly, but otherwise not committing a crime, the person cannot be required to produce identification. The law does specify that a person may not carry a loaded firearm in a motor vehicle except under the provisions set forth for a person who possesses a concealed handgun license (CHL).

    It is rare that people carry this way in Akron. However, if you do come across a person with a gun holstered in plain view, think before you act. Is he breaking any law? Is he threat? Is he doing anything that constitutes a Terry[/i] stop? If not, be cautious, keep on eye on his actions and let him go about his way.
    Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.




    :celebrate:celebrate:celebrate:celebrate:celebrate



  2. #2
    Campaign Veteran Dutch Uncle's Avatar
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    Wow! I'm impressed. Nice work, Taclead. Now if the various police departments in VA would circulate a similar memo, we'd be in great shape. All the comments in the Akron memo pertain to OC in VA except for the auto restrictions.

  3. #3
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    I'm currently a Virginia resident but I have family I was visiting in Akron (my hometown).

  4. #4
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    Taclead, you're my hero for the day! Nice job man!

    :celebrate :celebrate :celebrate :celebrate :celebrate :celebrate

  5. #5
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    That is terrific! Now we gotta get one for VA (might already be done as per the Alexandria guys).
    -Unrequited

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    State Researcher dng's Avatar
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    Excellent! I am near Akron, and this will be very helpful. How in the world did you manage to get your hands on this? By any chance, do you have the bulletin in the orginal format? I would like to add it to my collection of papers I carry around with me.

  7. #7
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    My daughter works in a law office in downtown Akron and kept in touch with the training Sgt during this time period to follow up. He sent it to her.

    Here is the Word Document I received.
    Attached Files Attached Files

  8. #8
    State Researcher dng's Avatar
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    Thank you! I think this is going to prove to be a help to local OCers.

  9. #9
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    The same document in PDF:
    Attached Files Attached Files

  10. #10
    State Researcher dng's Avatar
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    Can't beat this;it's a regular document format "all you can download buffet". If you can't find a format that works, I don't know what you tell you! I am going to be showing this bulletin to a few people that are still convinced that OC is crazy and I am just asking for trouble.

  11. #11
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    I don't know that this would help in my legal case, but if it gets to the point whereI'm in front of a jury, then maybe I can overwhelm themwith obliquely-relevant pro-gun exhibits, and maybe the idea that not everyone with a gun is a psycho bent on mayhem might take a little easier. I printed a copy in any case. I'll put it with the "I share your pain" ******** sympathy letter from the governor.

    -ljp

  12. #12
    State Researcher dng's Avatar
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    My copy is going in the "just in case I get pulled by an uniformedLEO" folder. I really want to get a sympathy letter from the governor too... But I don't want that bad. Not bad enough to deal with your brand of legal issues, Legba. BTW, I thought you were free and cleared on that deal, or was that just my wishful thinking?

  13. #13
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    Don't bother. I had the entire "weapons control" section of the ORC printed out in my car, which still sits, impounded, over a month later, with the printouts scattered on the floor of the car from the search...

    -ljp

    p.s. I was, briefly, free and clear. Some bastard prosecutor introduced "new evidence" or otherwise revisited the issue with the grand jury, who indicted me 2 days after they cleared me. Hoffa didn't have to deal with ******** of this order.

  14. #14
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    Great work, Taclead. Good on you!

    And the bulletin is very nicely written. Plain and clear.

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    This is not the first such bulletin. However, we could have one per county and locality and I would still not be tired of seeing responsible police work such as this.

  16. #16
    Accomplished Advocate color of law's Avatar
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    Legba

    Please post the indictment. Thanks.



  17. #17
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    Well, I prefer not to put my personal info out like that on the internet. Anyone can get my real name, address, date of birth, etc, evenif I just reference the case number. Iguess Icould scan it and redact the personal info, but you can just PM me with any particular (not-overly-personal/intrusive) questions.

    In short, it's a felony-4 CCW complaint. Standard form otherwise, complete with "against the peace and dignity of the State of Ohio" closing remark. I've never pissed off an entire state before. Pretty neat that. I got arraigned already and have a preliminary hearing around the middle of November. One step at a time.

    -ljp

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