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Thread: brandishing?

  1. #1
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    brandishing?

    So I was told that since I have a CCW here in ohio, if I opencarry that it can be charged as brandishing. What is the leagel veiw on this?
    why do school shootings happen.... for the same reason they never happen at a shooting range.

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    Who ever told you that is lying , there are a lot of us the oc and have a ccw. It is just another scare tactic used by some leo. Carry on brother!

  3. #3
    Regular Member reefteach's Avatar
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    There is no crime called "brandishing" in the Ohio Revised Code.

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    Accomplished Advocate color of law's Avatar
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    I want their name, rank and serial number.

    What they will attempt to do and/or charge you with is inducing panic. Won't fly. Mt. Healthy cops tried it in 08 and the court dismissed the case.

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    Last edited by greatsimon; 07-19-2011 at 11:18 AM.
    why do school shootings happen.... for the same reason they never happen at a shooting range.

  6. #6
    Regular Member Deanimator's Avatar
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    Quote Originally Posted by IxionDeece View Post
    Who ever told you that is lying
    Now be fair! He could just be a drooling imbecile.

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    Quote Originally Posted by greatsimon View Post
    thanks you all, and it a was a cadit as I am going to school to be a LEO so I can staighten this whole mess out, liberals try to take our weapons, they got another thing coming. I hate how people think weapons are bad, it drives me up a wall. I was actually on break getting dinner so I took my red gun(training purposes) and put in my real glock. And thats where this whole crap came from. The other cadit said "congradulations, you just commited a felony on break" I just shook it off and went through my ORCs once back in class and nothing so I'll keep doing it. Al advice from people who have a clue is appreciated.
    http://www.thefreedictionary.com/brandishing

    Were you waving it around in the air like you just don't care?

    Taking it from a case, to your holster is not defined as brandishing.

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    Campaign Veteran skidmark's Avatar
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    Read the statutes and then look up the case law. If "brandishing" comes up in case law as an element of "inducing panic" then it might be merely poor verbal shorthand.

    Then again, if you are in a LEO academy you may or may not be violating some rule or regulation about carrying during training or on the academy grounds. Go look it up just so you know for sure.

    I just find it strange that LEO cadets may be required to walk around with training dummies instead of real firearms. Heck, even the military has figured out that making recruits carry their rifles around with them all day both gets them used to toting the weight but also increases their familiarity with handling the weapon. (OK, most of the time they do not get to carry live ammo, let alone live ammo loaded in the rifle. But you get my point, no?)

    As for the cadet who acused you of committing the felony of "inducing panic" while on break - what's he gonna do when he sees real cops carrying real guns with real bullets loaded and chambered? Or does he subscribe to the "only ones" theory of who should have guns and ammo?

    stay safe.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Never ask a LEO, much less a LEO cadet for a legal opinion - unless he is the one grading your test.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Last edited by greatsimon; 07-19-2011 at 11:19 AM.
    why do school shootings happen.... for the same reason they never happen at a shooting range.

  11. #11
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    Quote Originally Posted by greatsimon View Post
    So I was told that since I have a CCW here in ohio, if I opencarry that it can be charged as brandishing. What is the leagel veiw on this?
    Openly carrying a firearm is legal in Ohio.
    ORC 9.68 (A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition

    Also note that with the "protected right in every part of Ohio....uniform laws, except as specifically provided by the US Constitution, Ohio Constitution, state law, or federal law" creates what is called "preemption" cities are not supposed to have laws that restrict this, because it is against the state law. Cleveland recently lost their case to try to beat this with their gun laws.

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