Ohio Patriot wrote:You should become familiar with 4th Amendment court cases. You'll find it very helpful. Your 4th Amendment rights are defined in court opinions. Knowing them will give you a high degree of certainty about what police may and may not do.According to the ORC, an LEO has the authority to take possession of your gun if he detains you while you're CCW-ing. I don't like it, but it's the law, and I guess I have to live with it.
But what about OC?
Say I'm OC-ing on the sidewalk and a cop stops me. He tells me to hand over my gun so he can "run the numbers" on it to see if I'm legally allowed to possess a firearm, or to see if the gun is stolen, or whatever. Should Icomply? Do I have to comply? What if I refuse?
Here is a distillation by an attorney:
Because it is legal in most states to carry a handgun if properly licensed, a report that an individual possesses a handgun, without any additional information suggesting criminal activity, might not create reasonable suspicion that a crime is being or will be committed.1 Where simply carrying a handgun is not in itself illegal and does not constitute probable cause to arrest,2 it follows that carrying a handgun, in and of itself, does not furnish reasonable suspicion justifying a Terry stop. The same applies to persons in motor vehicles. An investigatory stop is only justified when the police have "a reasonable suspicion, based on specific, articulable facts and reasonable inferences there from," that the subject "had committed, was committing, or was about to commit a crime."3 (emphasis Citizen's)
The entire article is very informative.