No Answers on open carry in Mansfield

2ndsight · Oct 13, 2009

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I just got off the phone with the law director and the police department. Niether would answer my questions about open carry in the city. I called the police first and they told me to call the law director. The law director said there is no policy and he does not know how the police will react. I was told by the police it all depends on how I would act. This leads me to believe if you open carry here in Mansfeild you will be charged. Who knows maybe Mansfield is due for a open carry get to gether.

color of law · Oct 13, 2009

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2ndsight wrote:

I just got off the phone with the law director and the police department. Niether would answer my questions about open carry in the city. I call the police first and they told me to call the law director. The law director said there is no policy and he does no know how the police will react. I was told by the police it all depends on how I would act. This leads me to believe if you open carry here in Mansfeild you will be charged. Who knows maybe Mansfield is due for a open carry get to gether.

Send a "Notice." A notice is just that, notice. A notice is not a debate of a request for a discussion.

Dear Police Chief/Sherriff:

Greetings,

As you are aware, the open carrying of a firearm in Ohio is a fundamental right.

If you are not aware of that fact then I suggest you contact the Ohio Attorney General for a legal opinion. But, for starters I direct your attention to the AG's website addressing conceal carry. http://www.ohioattorneygeneral.gov/files/Publications/Publications-for-Law-Enforcement/Concealed-Carry-Publications/2009-Concealed-Carry-Laws-Booklet.aspx Page 18 of the handbook published by the AG addresses open carry.

The exercising of this right (open carry) does not invoke a charge of inducing panic or disturbing the piece.

Based on the above, I hereby give you notice that should you or any of your officers come in contact with me while open carrying I will expect you or your officers will respect my right and not attempt to perform a felony stop.

I would be happy to come to the station and introduce myself so that you or your officers know who I am.

Sincerely,

XXXXXX

Just a suggestion.....

PS: this is a re-quote of what I posted elsewhere.

2ndsight · Oct 13, 2009

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I have been thinking about the lack of understanding amongst the professionals who should know the law. Sending a notice is stating the obvious and could be deemed confrontational. It may incur my persecution in some form. Here in Mansfield the law enforcement can kill a citizen and not be charged. Last year 2 citizens where killed with out any repercussions to the officers who killed the citizens. I have been warned not to open carry and in doing so the individuals are infringing on my civil rights but that is mere conjecture on my part. I did not record the conversations. The law director was adamant in not giving me any stance on open carry. The police officer started to become confrontational and told me to stop arguing with her I stated I was not arguing and asked why she became confrontational with me. It seems taboo to even bring this subject up by a common citizen. The law director even stated he would not be pinned down and also said he would not even begin to discus it with me a common citizen. I guess these people know who they work for the incorporated municipality and not the citizen who pays their salaries thru taxes and fines.

Is it not the jobs of these professional to know the laws they are hired to obey and enforce? I am thinking of working another angle I feel they are remiss in their duties to the community for not knowing the laws they are paid to obey and enforce. Before I even consider open carry in Mansfield I will retain an attorney who will fight for my best interest. Here in Mansfield there is a good old boy system in the courts do not employ lawyers locally you will loose. I have no police record and conceal carry is out of the question. To me conceal carry is back door registration which I will not abide in any way.

1245A Defender · Oct 13, 2009

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make sure you read this first! Lima Open Carry Incident - Case Dismissed

2ndsight · Oct 14, 2009

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been reading here for the past year or so

yep read all the trial stuff

Armed · Oct 14, 2009

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I will be traveling home to the Mansfield area (from Virginia) in the near future, to visit family. I was about to post the question regarding the status of open carry in Mansfield when I noticed this post.

From reading, it would appear the state's AG says its legal, but most local cops aren't very receptive of the idea?

Anybody have any experience with the Ontario area?

Thanks!

color of law · Oct 14, 2009

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2ndsight wrote:

I have been thinking about the lack of understanding amongst the professionals who should know the law. Sending a notice is stating the obvious and could be deemed confrontational. It may incur my persecution in some form. Here in Mansfield the law enforcement can kill a citizen and not be charged. Last year 2 citizens where killed with out any repercussions to the officers who killed the citizens. I have been warned not to open carry and in doing so the individuals are infringing on my civil rights but that is mere conjecture on my part. I did not record the conversations. The law director was adamant in not giving me any stance on open carry. The police officer started to become confrontational and told me to stop arguing with her I stated I was not arguing and asked why she became confrontational with me. It seems taboo to even bring this subject up by a common citizen. The law director even stated he would not be pinned down and also said he would not even begin to discus it with me a common citizen. I guess these people know who they work for the incorporated municipality and not the citizen who pays their salaries thru taxes and fines.

Is it not the jobs of these professional to know the laws they are hired to obey and enforce? I am thinking of working another angle I feel they are remiss in their duties to the community for not knowing the laws they are paid to obey and enforce. Before I even consider open carry in Mansfield I will retain an attorney who will fight for my best interest. Here in Mansfield there is a good old boy system in the courts do not employ lawyers locally you will loose. I have no police record and conceal carry is out of the question. To me conceal carry is back door registration which I will not abide in any way.

I'm glad to see that you think the glass is half empty.

I also understand that when you see a "NO TRESPASSING" sign that the sign has no force and effect of law. In other words you don't have to obey a "NO TRESPASSING" sign.

18 USC 4

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

"Sending a notice is stating the obvious and could be deemed confrontational."

So, tell me how notice of the law is confrontational???????

I'm just saying.......

Deanimator · Oct 15, 2009

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Armed wrote:

I will be traveling home to the Mansfield area (from Virginia) in the near future, to visit family. I was about to post the question regarding the status of open carry in Mansfield when I noticed this post.

From reading, it would appear the state's AG says its legal, but most local cops aren't very receptive of the idea?

Anybody have any experience with the Ontario area?

Thanks!

They don't need to be "receptive". They just need to obey the law, regardless of whether it's open carry, the age of consent for sex, or the 13th Amendment.

Nobody has to like the law. They just have to obey it. When they don't, there are consequences.

Armed · Oct 15, 2009

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Deanimator wrote:

They don't need to be "receptive". They just need to obey the law, regardless of whether it's open carry, the age of consent for sex, or the 13th Amendment.

Nobody has to like the law. They just have to obey it. When they don't, there are consequences.

I agree. Just wanted to know what to expect when I go home next month.

2ndsight · Oct 15, 2009

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I would advise against it unless you want an extended stay.

I am still getting stone walled. Heck the cop that lives across the street told me good luck he thinks I will get my teeth kicked in if I am lucky.

D_Weezy · Oct 16, 2009

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2ndsight wrote:

I would advise against it unless you want an extended stay.

I am still getting stone walled. Heck the cop that lives across the street told me good luck he thinks I will get my teeth kicked in if I am lucky.

So the Police in Mansfield admit to breaking the law and they also don't have a problem with assaulting a law-abiding citizen. I am not a lawyer, but I could see a big paycheck in someones future if this were to happen. Apparently the State that they live in is not Ohio, but the State of Confusion. Did you ever ask your neighbor, if he's heard of a thing called the Ohio Revised Code or the Second Amendment?

Deanimator · Oct 16, 2009

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Armed wrote:

Deanimator wrote:

They don't need to be "receptive". They just need to obey the law, regardless of whether it's open carry, the age of consent for sex, or the 13th Amendment.

Nobody has to like the law. They just have to obey it. When they don't, there are consequences.

Click to expand...

I agree. Just wanted to know what to expect when I go home next month.

1. Carry a voice recorder.
2. Have a lawyer on tap.
3. Have witnesses if possible.

You should be fine, one way or the other. Either they won't bother you, or you'll end up wrecking some people's finances in very uncertain times.

b_b · Oct 16, 2009

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Hey man good to hear someone close by with shared interests. I just finished my concealed course last week. Before class was over we went into some open carry questions. Basically instructor told a story about an individual in CLEV or CINCI i forget, that was demonstrating his right to open carry with an unloaded pistol tied around his neck. He was taken in for concealed carry without a license because the string covered up the trigger guard on his gun. lol. Also for insight panic etc. He says everywhere he knows of prior incidents, you will be taken in for those same charges. Its just a matter of someone with the time and money to fight back. Of which i currently have neither.

Without too much detail he is an officer at an ohio PD.

2ndsight · Oct 16, 2009

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Think about it if we all started to open carry the cops would be out of a job.

b_b · Oct 16, 2009

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You try calling Ontario PD?

Mike · Oct 16, 2009

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2ndsight wrote:

I just got off the phone with the law director and the police department.

Hee we go again - how many times do we have to say it - don;t ask don;t tell - the police are not here for legal advice and they certainly have all teh incentives in the world to give you bad info.

Open carry is legal in ohio and preempted - just like most states.

joejoe0621 · Nov 3, 2009

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I live in ontario ... and a stones throw away from mansfiedl. I have been interested in open carry and beleive that maybe on open carry walk would be in locals intrest as well as first time open carriers. flying solo before opening the local authorities eyes could temp a itchy rookies finger... get ahold of me if your interest

color of law · Nov 3, 2009

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joejoe0621 wrote:

I live in ontario ... and a stones throw away from mansfiedl. I have been interested in open carry and beleive that maybe on open carry walk would be in locals intrest as well as first time open carriers. flying solo before opening the local authorities eyes could temp a itchy rookies finger... get ahold of me if your interest XXXXXXXXXXX

Have them PM you ----- remove your email address. Bad idea.

2ndsight · Nov 4, 2009

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I am game but we need numbers and other people with video cameras to keep local law enforcment in check.

joejoe0621 · Nov 4, 2009

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lets start with a post or forum for the organization of such a thing and see if there are other willing participants in the community.

No Answers on open carry in Mansfield

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