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Thread: Ohoioans for Concealed Carry (OFCC) execute bear hug with police department re open carry rights

  1. #1
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    NOTE: Open carry has been lawful in Ohio for a long time, perhaps since Gerge Washington first surveyed the place as a teenager.

    But since 2006 under HB 347, all local ordiances against open carry have been preempted in Ohio - so the story that the police have not yet gotten the word is kind of getting old - and I think police department leaders are taking appropriate note of this, and action.

    As open carry in Ohio grows, police acceptance will as well.

    ---

    http://www.ohioccw.org/content/view/4022/83 - see this links for links top more docs in this matter








    Willowick to Help Spread Word Open Carry Is Legal






    Written by Daniel White

    Thursday, 03 July 2008


    Tonight, harassment Bryan received while openly carrying a firearm in the City.

    While the discussions were, on the whole, positive and fruitful, we will be continuing to work to try to prevent something like this from happening again elsewhere, and Willowick has indicated they will assist with this goal.

    One of the first things to be discussed was the treatment Bryan was subjected to by the police officers on the scene. Chief Lazor reiterated what he had told us before, that Sergeant Turner had a basically clean record with only very minor infractions such as dings in a patrol car.

    After reviewing the recording prior to the meeting, the Chief agreed that the Sergeant was in violation of department policy and was given a written reprimand for his behavior on the scene. Sergeant Turner informed us he was under the mistaken impression that open carry was a violation of the terms of a concealed handgun license and he though Bryan was breaking the law at the time. He claimed his treatment of Bryan was uncharacteristic of his typical conduct on the job.

    The Chief told us that in addition to sending out a memo to the departmental mailbox of every officer on the force reiterating that open carry is legal, it has also been made part of several daily briefings. The Lieutenant informed us that he has had many one on one conversations with various officers concerning the issue and that open carry was the hot topic of conversation in the department since the incident came to light in our forums.

    Chief Lazor said open carry will be made part of the mandatory annual training all Willowick officers receive and may even be integrated into training scenarios. One issue we were not able to agree on, however, was making carry status part of the SOP for dispatchers. Our position was that citizens who call in a "man with a gun call" should be asked if the firearm is in a holster. While we have no objection to a gun call being checked out by an officer, we feel that it is valuable information for the officer to have that he is likely entering a situation where no crime is being committed. For various reasons, the Chief said he would suggest it, but not make it a mandatory part of procedures.

    The Chief did acknowledge that word of the incident and the legality of open carry is already spreading through neighboring departments via word of mouth, as well as from this website and our forums. In an effort to help prevent something like this from happening in a department where officers have not been educated regarding open carry, the chief offered to write a letter to the Attorney General asking for a letter to be sent to all police departments in the State from that office. The Chief's letter will be made available to OFCC.

    The Law Director agreed to contact the Lake County prosecutor to request a formal opinion from the Attorney General regarding open carry that can again be used to help educate the law enforcement community.

    OFCC will be supplementing these efforts with steps of our own in an attempt to prevent any further misunderstandings between law enforcement and law-abiding citizens exercising their Second Amendment rights. It is our hope that we can turn this negative incident into a positive for gun owners. It has always been our intent to educate instead of vilify, and we acknowledge that the vast majority of law enforcement are on our side. We are primarily interested in ensuring that the legality of open carry is known to all law enforcement officers to protect those who choose to carry in that fashion. After all, we're all on the same side in the end.








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    This is a great outcome of a bad thing. My thanks go out to everyone who worked on getting this resolved.

    I only have one question though...does this

    "the chief offered to write a letter to the Attorney General asking for a letter to be sent to all police departments in the State from that office"

    mean that he wrote the letter or just offered to write the letter. If the AG got something out to all the depts in the state, which they are really obligated to do to prevent this from happening again, it would save everyone from almost any hastle at all.....like it is meant to be.

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    I personally believe that the incident being recorded is what saved the day here. If the interaction wasn't on tape the officers would have been able to deny much of what occurred. The Sargent's language was probably what got him reprimanded more than anything.Very unprofessional conduct by this officer.

    Inhis parting words he said, " don't let it happen again Bryan", well DON'T let it happen again Sergeant.

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    That is great news that everything was resolved. What I like just as much is that it will help educate LEOs who do not realize that OC is legal.

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    Keep in mind, that a poorly writen AG opinion could be harmfull to the cause. If the AG states that a Terry stop or detainment of a an open carrieir is lawful, goodbye rights. We should be able to move about freely while armed without being detained by the government.



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    reefteach wrote:
    Keep in mind, that a poorly writen AG opinion could be harmfull to the cause. If the AG states that a Terry stop or detainment of a an open carrieir is lawful, goodbye rights. We should be able to move about freely while armed without being detained by the government.

    An opinion from an Attorney General is just that, an opinion. Just because he said something is or isn't legal doesn't prevent prosecution or a lawsuit for unlawful detainment or arrest.

    Seeking a AG opinion issometimes almost as bad as asking a cop the law.

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    jack wrote:
    I personally believe that the incident being recorded is what saved the day here. If the interaction wasn't on tape the officers would have been able to deny much of what occurred. The Sargent's language was probably what got him reprimanded more than anything.Very unprofessional conduct by this officer.

    Inhis parting words he said, " don't let it happen again Bryan", well DON'T let it happen again Sergeant.
    exactly.

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    Fellas(and Ladies, I hope),

    Being new here, and only quickly looking through our posts, is there any LEO's in the group here that can chime in, especially in Ohio, my state of residence, on the OC issue? I would love to hear any opinions.

    And, it seems, that numbers are growing here. Sweet.



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