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Thread: OC/CC traffic incident

  1. #1
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    On Saturday afriend and I were travelling back from an unsuccessful day of deer hunting in Venton County. (Actually, he was hunting and I was providing security as we were on his land and there have been poaching/tresspassing problems in the past).

    Bambi decided that if we didn't get her with a slug, then we should get her with an Audi. Deer flies into median, we lose a headlight. Our reaction was to a) figure out if the deer was dead (it nearly was) and b) call LEO to report the incident.

    Ross Co. Sheriff's Deputy responded. When he came up behind the car, we were standing off to one side of it, my .40 in a drop holster, and his 9mm tucked into his waistband. Per the "duty to inform" wording, he tells the LEO that he has a permit and is armed. LEO asks where it is, so he tells him. LEO disarms him, unloads the pistol and hands it back to him, keeping the magazine. Check for clear and back into the waistband.LEO then turns his attention to me. I am OC in digital camo, tan drop holster. I turned to allow him to see the weapon clearly in the headlights, and told him that I was armed as well, in case he didn't notice (good practice as far as I can tell since he disarmed my friend). Same proceedure, disarm, unload, hand back, retain mag.

    He then asked for DLs. This part had me worried. Although I had nothing to hide, I am without a drivers license due to an unfortunate set of circumstances. I told him that I did not have one, and he said, "OK, what's your name?" Being that he was going to process this without photo ID, I offered "Would a Military ID help?" He said it would as long as it had DOB on it, which it does.

    LEOthen asked my friend, "Keys to your trunk?" *Illegal search* is what I was thinking. He asked why, and the LEO showed him the mags. Cool beans, LEO doesn't want to keep our ammo, he'd rather stash it in our trunk. We go and sit in our car. I tell the LEO that IAW OH law, I will be handing my pistol to my friend for proper transport in the car. He was OK with it.

    Afew minutes laterLEO walks up to the window and hands us our IDs and my friends vehicle documents back, explains the procedure for contacting the officefor insurance claims, etc.LEO also tells us that carrying pistols while hunting is a violation of hunting regs, just for future reference. Friend tells him that we just read the regs, and there is an exemption for CCW holders. He said he'd look it up. Before he leaves, we ask if we can keep the deer and he said OK. He even helped us go back and locate the body and secure it on the trunklid.



    What an outstanding LEO.

    I didn't feel disrespected or intimidated by his approach or handling of anything in this incident. The disarming I can understand, after all we had the numbers on him. With the ID, I held off on offering the Mil ID as I am not required to have ID on me as a passenger. Once I realized that he wasn't going to demand ID I offered it as a courtesy. It just goes to show that mutual respect and adherence to the law is the best way to conduct business at all times. I will be calling the sheriff's office to put in a good word for this deputy, and I would encourage others to do the same any time there is a positive experience involving LEO and OC.

  2. #2
    State Researcher dng's Avatar
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    I'm glad you were happy. But I don't know if I would have been okay with the deputy taking the ammo away from a CCW holder. That's the very reason someone would have the permit, so they could carry a loaded firearm in the vehicle. Maybe that's just me, though. I really think, however, that this deputy stepped all over your rights, and disrespected you in the process as well.

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    I agree with dngreer. Why take my ammo and disarm me? I called you to report a traffic/wildlife incident. I am not a threat and I have a CCW license. I would not have volunteered to have my firearm removed or unloaded, much less would I want someone unfamiliar with my firearm handling my weapon.

    Just my 2 cents.

  4. #4
    State Researcher dng's Avatar
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    Taclead wrote:
    much less would I want someone unfamiliar with my firearm handling my weapon.
    Very good point. Maybe the deputy knows guns, but I still am not comfortable with that. I always have a gun owner show me a gun before I mess with it, and I won't let someone touch my guns unless I show them how to work the action, and explain the gun a little. No disrespect to anyone I talk to, but it's just better to be safe rather than sorry. But enough of my tangent...

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    dngreer wrote:
    I'm glad you were happy. But I don't know if I would have been okay with the deputy taking the ammo away from a CCW holder. That's the very reason someone would have the permit, so they could carry a loaded firearm in the vehicle. Maybe that's just me, though. I really think, however, that this deputy stepped all over your rights, and disrespected you in the process as well.
    I guess I can see it from his perspective. He was alone and approached 2 armed men. We did get our ammo back in our posession in a timely manner, and at no point in time did he say that we weren't able to load back up. He actually issued a psuedo-apology for the temporary disarming, "Just making sure that you weren't criminals" or something along those lines. I've posted other OC experiences in KY where I had a deputy threaten to take me to jail if he ever saw me OC again. This went much better than that one.

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    Wanna know the best part of this story.....envisioning an Audi with a dead deer secured to the trunklid:what:

  7. #7
    State Researcher dng's Avatar
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    Hilarious! How did Imiss that...

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    v8shoguy wrote:
    ...LEOthen asked my friend, "Keys to your trunk?" *Illegal search* is what I was thinking...
    I believe you had it right - if there was something illegal in plain sight he would have cited you/arrested you.

    You did not have to give him your keys - but you did so willingly.

    Sly cop, that one.


    One more thing - I'm surprised that he didn't ask you (the one without the DL) for your CHL.

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    I dont see how this was a violation of his rights. It states in the CHL handbook that a LEO has the right to disarm you. Is that a good policy? Maybe not, but the LEO was well within his "duty rights"to disarm a CHL holder.

    Im probably missing something here so please let me know what it is.

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    The officer asked the passenger for ID to complete the OH1 accident report.

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    State Researcher dng's Avatar
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    bangelo wrote:
    I dont see how this was a violation of his rights. It states in the CHL handbook that a LEO has the right to disarm you. Is that a good policy? Maybe not, but the LEO was well within his "duty rights"to disarm a CHL holder.

    Im probably missing something here so please let me know what it is.
    Since I do not have a CCW, I had not read the CHL handbook. If it states that (I don't know that it does or does not; maybe some more folks with Ohio CCWs can confirm), the deputy was within his rights. I still don't like the idea, but he apparently did nothing wrong.

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    yea it states it in the booklet. I don't like it either, and it differs from Leo to Leo bit he was well within the law to disarm him.

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    If any cop sees any gun at any stop, they will almost always take it, unload it, etc for the duration. Unless you are charged with a crime, though, they do have to give it back at the end of the contact. Unless, of course, it's a nice piece (i.e. better than their service Glock), and then they're liable to fabricate a charge and impound all your stuff, run you to jail, get you indicted, file forfeiture suits, etc ad infinitum...

    I am not remotely sympathetic to their "we're outgunned on the street" complaint. Buy better guns - duh.

    -ljp

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    bangelo wrote:
    yea it states it in the booklet. I don't like it either, and it differs from Leo to Leo bit he was well within the law to disarm him.
    Yes..If you submitted and took the mark (CHL)then yes the LEO can disarm you by law.

    Now, Openly carrying without CHLthere is no law requiring you to give up your weapon........:celebrate

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    Splat!! wrote:
    bangelo wrote:
    yea it states it in the booklet. I don't like it either, and it differs from Leo to Leo bit he was well within the law to disarm him.
    Yes..If you submitted and took the mark (CHL)then yes the LEO can disarm you by law.

    Now, Openly carrying without CHLthere is no law requiring you to give up your weapon........:celebrate
    I think for a lawfull purpose a LEO can take your peice wether it be open or concealed.

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    bayboy42 wrote:
    Wanna know the best part of this story.....envisioning an Audi with a dead deer secured to the trunklid:what:
    That is pretty damn funny man.

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