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

glockowner

Regular Member
Joined
Jul 21, 2011
Messages
17
Location
Ohio
http://docs.justia.com/cases/federal/district-courts/ohio/ohndce/5:2011cv00939/175720/17/

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:

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
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.


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RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
Welcome to the forum!

The link you posted should elicit some lively discussion.

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