UNLAWFUL GUN CONFISCATION BY BEDFORD HEIGHTS POLICE

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I went to an Obama Rally with Americans for Prosperity to protest the 1.2 Trillion Dollar Stimulus Package and I was carrying a concealed weapon Glock 17 under my coat (have permit) and one of the secret service agents asked if that was a phone and I told them it was a gun he disarmed me and the bedford heights police department took my gun and told me I may be charged with Disorderly Conduct for Fail to Notify. I will find out Monday. The Secret Service guy and the Bedford Heights Police Department were in Suits so I had no way of even knowing they were LEO. They told me a presidential event is not the place to carry a gun. I told them I carry every day just like I wear my seat belt. They then let me go. Does anyone know any sympathetic second amendment attorneys that could take on this case at a reduced rate? This is not right.

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Until a cop shows me a badge and a departmental ID, he's just another armed redneck (and sometimes even then). There is no "except when the president is in town" exception to the 2nd amendment or to the terms of my carrying a gun with my permit, or openly carrying without one either. Lame "case." If the SS wants the law changed, they can petition Congress and/or the state legislatures like anyone else.

-ljp

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freedom_fighter777@hotmail.com wrote:

I went to an Obama Rally with Americans for Prosperity to protest the 1.2 Trillion Dollar Stimulus Package and I was carrying a concealed weapon Glock 17 under my coat (have permit) and one of the secret service agents asked if that was a phone and I told them it was a gun he disarmed me and the bedford heights police department took my gun and told me I may be charged with Disorderly Conduct for Fail to Notify.

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What is Ohio's notification statute, if any?

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It's a minor misdemeanor if you don't notify. But you sholdn't loose your permit if they follow the law.

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freedom_fighter777@hotmail.com wrote:

It's a minor misdemeanor if you don't notify. But you sholdn't loose your permit if they follow the law.

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It's only a minor misdemeanor if the officer has prior knowledge of the licensee's status, say for instance, via his computer. Otherwise, 1st degree misdemeanor.

(3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a license or temporary emergency license to carry a concealed handgun, carrying concealed weapons in violation of division (B)(1) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.

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Ok , What Iam about to say will be most likely taken wrong or I will catch hell for . but here it goes.

1) when going to a public event like the Presedent is in town and you are there to protest. Dont take a gun. Even if your allowed to.

why. you ask. Because they will take it from you if seen. and if it is taken and the news get a hold of the story it will read " A PROTESTING MAN WITH GUN DISARMED AT PRESIDENT EVENT." they may or may not mention you had a permit to carry concealed. It will give more reason to ban them in the name of safty, and it can give all gun carriers a bad rap.

2) The person with the conceled carry or open carry must use common sense at all times. This is the only way we can not be put in with the insane or criminals who dont care about the rules.

I also understand the charge was Disorderly Conduct for Fail to Notify. well I wasnt there to see the event happen but i am sure there was other protesters there who you can try to get who saw what happen.

They didnt arrest you i presume or give you a notice to appear? maybe they just wanted to take away the weapon and hope you dont show up to pick it up. Monday will tell.

If you get off with the loss of your glock then that would be cheaper then going to court over it. and if no charges are brought againts you. BUT I am not for any goverment take your possesions unlawfully or in a bullish way. but I dont have the money to fight for my rights and the Goverment either.

but if they gave you a notice to appear. You should find the best gun lawyer you can afford.

Ok the other thing I am going to say is when it comes to a president event and protesters. The secret Service is going to find out who is there to protest.

and if they just walked up to you out of the blue and said hey is that your cell phone for no other reason then they may have known you already had a conceal carry permit. which gave them prior knowleage you had a permit and maybe a gun on you.

i would think that this is good for you if you do go to court over this.

was this inside or outside. because if it was outside and it was cold up here then how could they have seen the PHONE/ GUN under a heavy coat?

as far as when they did stop to ask you anything i am sure they showed id , at that point is when the first thing to come out of your mouth should be

I HAVE A CONCEALD CARRY PERMIT AND I HAVE MY GUN ON MY RIGHT/LEFT SIDE .

and you should say it loud enough that others could hear you with out screaming.

I carry when i am aloud to. I carry when I goto my gun dealer who is a Cop in my home town. he has some of the best prices i can find anywhere in northeast ohio.

He already knows i have my conceal carry permit. but if he ever pulls me over I will tell him just for the record.

I hope your problem goes away for you . but if indoubt leave without. That is what our instructor told us at the conceal carry classes. ( Cleveland cop, Not my gun dealer. )

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [emphasis added]

This section says that you shall not knowingly disregard instructions from a cop with regard to stops while you are carrying. Implicit in this is that you would need to know that the person stopping you is, in fact,a cop. If they failed to notify you, then I submit you had no duty to notify them until you became aware of that fact (IANAL disclaimer): http://codes.ohio.gov/orc/2923.126. Also, Disorderly Conduct is a completely unrelated charge and wouldn't apply either, IMO.

This may be relevant as well if you have trouble recovering your seized gun: http://codes.ohio.gov/orc/2923.163.

-ljp

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I have a glock 17 pistol. The bottom part of the holster was slightly visibile at the bottom of the coat.

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This only refers to an official stop.

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Habeas Armas! Habeas Armas!

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Here is an update on my situation.

http://www.freedomsphoenix.com/Letter-to-Editor.htm?EdNo=001&InfoNo=044223

Note: The attorney I spoke to was actually wrong. If you are on foot you have a duty to notify if your actually stopped. In my situation I never heard the Secret Service Agent or Undercover Detective identify themselves as LEO until the Secret Service Agent said "Is that a Cellphone?" At which point I notified them.

As far as people questioning my judgement, I'm not going to adjust my lifestyle because Barack Obama is in town. I have done nothing wrong and have nothing to feel guilty about. Mr Obama's right to "feel safe" doesn't trump my right to self-defense. This is how the Antis have trained people to be afraid of exercising their rights.

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Is that a cell phone? Didn't you have a cell phone on your belt?
Yes it is, that there is also a gun next to it does not negate the truthfullness
of the answer.

Were you outside the security zone? If so and not notified they were police,
then other than admitting to the cell phone, you blew it.

I hope you at least pointed out to them you didn't have a bible on you.

If you didn't have a cell phone, then "no that is a voice recorder" would also suffice.
Now if they asked you if that was a pistol barrel sticking out of your jacket, you might
be on notice to the object being questioned about.
But you are not by law required to read minds. If you are asked a question with
multiple responses then by all means use it.
Then after they blow there stacks and identify themselves as police, you then
inform them that you have a weapon on your person as required.

But if the ralley was after BHO resigned, and before lunch yesterday,
he was just an unemployed homeless drifter, and not some god who
trumps the constitution.

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I loathe and detest stupidity with a passion, and what the OP did was very stupid.

It is well known that the Secret Service has NO sense of humor and NO tolerance WHATSOEVER for anything that might in any way, shape, or form be a threat to the person that they're protecting. Do they sometimes break local laws? Presumably so. Do I care? No. They have a job to do, and they do it very, very well.

There is such a thing as being right. There is also such a thing as being DEAD right--and I mean that literally. An analogy: pedestrians generally have the right of way in crosswalks, but anybody who blithely steps out into a crosswalk without checking for traffic is very, very stupid, and quite possibly may pay for his stupidity with his life.

Anybody who carries a weapon in or near a presidential rally should expect to be arrested, or worse.If you're stupid enough to do that,don't complain when it happens.

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Flyer22 wrote:

I loathe and detest stupidity with a passion, and what the OP did was very stupid.

It is well known that the Secret Service has NO sense of humor and NO tolerance WHATSOEVER for anything that might in any way, shape, or form be a threat to the person that they're protecting. Do they sometimes break local laws? Presumably so. Do I care? No. They have a job to do, and they do it very, very well.

There is such a thing as being right. There is also such a thing as being DEAD right--and I mean that literally. An analogy: pedestrians generally have the right of way in crosswalks, but anybody who blithely steps out into a crosswalk without checking for traffic is very, very stupid, and quite possibly may pay for his stupidity with his life.

Anybody who carries a weapon in or near a presidential rally should expect to be arrested, or worse.If you're stupid enough to do that,don't complain when it happens.

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I hate to get in a battle of wits with an unarmed person, but, I must. It appears you think the President trumps all laws and no laws apply to him. That's exactly what Nixon thought, and he was wrong too!! All federal law enforcement officers must abide by federal and state law. There was no threat and by federal law alone, a firearm is not dangerous in and of itself. Allowing anyonewith the capacity to enforce laws to break those same laws is an abomination to our system.