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Thread: Open Carry Ruling...doesn't sound good for open carry.....

  1. #1
    Regular Member
    Join Date
    Jul 2011

    Open Carry Ruling...doesn't sound good for open carry.....

    Basically, the plaintiff was stopped in Cuyahoga Falls with a rifle and pistol, open carrying.

    He was proned, his weapons removed, detained for 35 minutes, then released with his guns.

    He sued CFs police, city etc. that his rights were violated.

    His complaint was dismissed

    However, the more interesting point is the US District Court's opinion held that he could have been charged with Disturbing the Peace. Read the cite of the law in the link above on page 5.

    I guess, one should think carefully about getting charged with disturbing the peace....
    Last edited by glockowner; 12-07-2011 at 01:10 PM.

  2. #2
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Welcome to the forum!

    The link you posted should elicit some lively discussion.
    Proud Veteran ~ U.S. Army / Army Reserve

    Mississippi State Guard ~ Honorably Retired

  3. #3
    Accomplished Advocate
    Join Date
    Oct 2007
    Cincinnati, Ohio, USA
    Not that I agree, in totality, with the ruling, but in reading the dismissal it becomes clear that this is a clear case of a pro se litigant not knowing what he was doing. In other words, bad case law.

    If this guy appeals he will be, more than likely, sanctioned $1,000 bucks for filing a frivolous appeal.

  4. #4
    Join Date
    Jan 2010
    Fairborn, Ohio, USA
    I, for one,would like to hear Mike's take on this ruling. What specifically worries me is the court's opinion that the mere act of OC provides cause to believe that the carrier is probably about to disturb the peace and that the court could say that an appeal would be inappropriate. Shouldn't that be the call of the appeals court?

    This ruling flies in the face of other recent rulings stating that the simple exercise of the RKBA is insufficient believe that the citizen is about to commit a crime.

    Sent from my iPad using Tapatalk.


  5. #5
    Campaign Veteran Schlitz's Avatar
    Join Date
    Dec 2009
    Quote Originally Posted by MilProGuy View Post
    Welcome to the forum!

    The link you posted should elicit some lively discussion.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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