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Thread: How should I react if stopped by a cop?

  1. #1
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    How should I react if stopped by a cop in Akron Barberton area. I was wondering how I should go about this? I was only wondering this because When I called the police station to see if it was legal to Open Carry and they said I had to take somesafety classes before I could. It costs 60 dollars for the firearm Safety class. I am skipping this step because I buy my guns legally and in the constitution and state laws it says if you can legally buy guns then you need no further permission or license or permit or anything of the sort. I feel like they are making their own laws which conflicts with the Preemption law. Am I correct in doing so or will I end up in Jail for a weapon charge? Can they legally arrest me? I mean I am only going to have it holstered for my protection. Am I right in doing this because I feel that is my right. I was just wondering, How can law enforcement enforce the law if they do not know the laws themselves? Does anyone know the answer to this Question?

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    You have a constitutional right to open carry a handgun in Ohio. However, you had better understand the law and not carry in prohibited areas (such as places with a class D liquor license, schools, government buildings, etc).

    In addition, there are veryfew open carriers in Ohio and you should expect to be stopped by the police from time to time (when alarmed citizens call the policeabout the Man With A Gun (you).If (and when) stopped by the police, act professionally and politely. They don't have the right to arrest you for simply legally carrying a gun. However, as you've already ascertained,many police don't know the law about open-carrying and they may not act as they should. There have been instances of police arresting open carriers in Ohio and confiscating their gun.If that happens, the police will be in the wrong, but it will probably still cost you some money (for an attorney) to straighten it all out; get your gun back;and to sue the police/city if you so desire.

    Good Luck!



  3. #3
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    propertymanager wrote:
    You have a constitutional right to open carry a handgun in Ohio. However, you had better understand the law and not carry in prohibited areas (such as places with a class D liquor license, schools, government buildings, etc).

    In addition, there are veryfew open carriers in Ohio and you should expect to be stopped by the police from time to time (when alarmed citizens call the policeabout the Man With A Gun (you).If (and when) stopped by the police, act professionally and politely. They don't have the right to arrest you for simply legally carrying a gun. However, as you've already ascertained,many police don't know the law about open-carrying and they may not act as they should. There have been instances of police arresting open carriers in Ohio and confiscating their gun.If that happens, the police will be in the wrong, but it will probably still cost you some money (for an attorney) to straighten it all out; get your gun back;and to sue the police/city if you so desire.

    Good Luck!
    Thank you That was the answer I needed. It justtakes so long to get a straight answer out of an authority figure in thiscountry. It is almost as if they dont want you to use your rights so that way later they can take them away from us.

  4. #4
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    You have a constitutional right to open carry a handgun in Ohio. However, you had better understand the law and not carry in prohibited areas (such as places with a class D liquor license, schools, government buildings, etc).

    In addition, there are veryfew open carriers in Ohio and you should expect to be stopped by the police from time to time (when alarmed citizens call the policeabout the Man With A Gun (you).If (and when) stopped by the police, act professionally and politely. They don't have the right to arrest you for simply legally carrying a gun. However, as you've already ascertained,many police don't know the law about open-carrying and they may not act as they should. There have been instances of police arresting open carriers in Ohio and confiscating their gun.If that happens, the police will be in the wrong, but it will probably still cost you some money (for an attorney) to straighten it all out; get your gun back;and to sue the police/city if you so desire.

    Good Luck!

    +1

    many police don't know the law about open-carrying and they DO not act as they should.

    Don't forget your voice recorder. It protects you agains another kind of 'Thug'.

    This Forum's 'quote', doesn't work so well. One would think with 4500 registered members, they could afford a system that works w/spellcheck.


  5. #5
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    Good Luck!

    +1

    many police don't know the law about open-carrying and they DO not act as they should.

    Don't forget your voice recorder. It protects you agains another kind of 'Thug'.

    This Forum's 'quote', doesn't work so well. One would think with 4500 registered members, they could afford a system that works w/spellcheck.
    I just went and got a digital voice recorder. I am ready to start exercising my rights. Thank you for the info and God bless



  6. #6
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    jtallen1190 wrote:
    Good Luck!

    +1

    many police don't know the law about open-carrying and they DO not act as they should.

    Don't forget your voice recorder. It protects you agains another kind of 'Thug'.

    This Forum's 'quote', doesn't work so well. One would think with 4500 registered members, they could afford a system that works w/spellcheck.
    I just went and got a digital voice recorder. I am ready to start exercising my rights. Thank you for the info and God bless

    Have you watched these two videos?

    Busted: http://www.youtube.com/watch?v=yqMjMPlXzdA

    Talking to Police: http://www.youtube.com/watch?v=6wXkI4t7nuc

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  7. #7
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    Have you watched these two videos?

    Busted: http://www.youtube.com/watch?v=yqMjMPlXzdA

    Talking to Police: http://www.youtube.com/watch?v=6wXkI4t7nuc
    Thanks for the videos. The first one is actually posted on my profile on myspace. The other guy talks so fast its just funny. You can tell he was a kickaxx lawyer.

  8. #8
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    Here are my own "rules" for what to do in case I'm stopped by an LEO while open carrying:

    1.Wear a voice recorder.
    2.Do not carry any ID.
    3.Asked if you're being detained. If you are NOT being detained, leave ASAP.
    4.If detained, ask "Am I free to go?" every 2 to 3 minutes.
    5.Do not consent to any searches.
    6.Other than name, address, and date of birth, do not answer questions.
    7.If detained, ask "Can you articulate your reasonable suspicion for detaining me? What law am I suspected of breaking?"
    8.Do not resist.
    9.Do not reach for anything. If they want something (gun, wallet, etc.) let them get it.
    10.Do not raise your arms up. Keep your arms at your side.
    11.Obey all reasonable orders (e.g. "stand over there").
    12.When in doubt, shut up.
    13.Get their names and badge numbers.
    14.Do not make any threats. Do not tell them you will "see them in court." Do not tell them you are going to file a complaint. Do not ramble on and on about gun rights.
    15.Be passive. Be 100% cooperative. Be polite. Do not raise your voice. Do not get angry. Do not challenge them. Do not make any threatening or antagonistic movements or remarks.
    16.Do not confide in them. Don't fall for the good cop/bad cop game.
    17. If they steal your gun, insist on a written receipt.
    18.After the ordeal is over, do NOT post the story online. Consult a lawyer ASAP.

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