Chris 45LC
Regular Member
I should have worded that better. What I meant was an Ohio law that gives an officer the right to seize a firearm from a law-abiding citizen during a stop without probable cause other than the safety of the officer.
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Open Carry encounter in Minerva, Ohio
- Thread starter Humanshield
- Start date
I should have worded that better. What I meant was an Ohio law that gives an officer the right to seize a firearm from a law-abiding citizen during a stop without probable cause other than the safety of the officer.
BB62
Accomplished Advocate
I think the OP ought to give us his state of mind first. The incident turned out cordial enough (after he gave them everything they wanted), and I'm interested to see where he stands, and what he feels is necessary and appropriate going forward.
I think these are good questions (asked of the OP previously):
Have all your questions been answered to your satisfaction?
What (if anything) do you want to accomplish from this point forward?
What (if anything) are you going to do differently next time?
Are you going to file a records request?
Here is something for your consideration (item #3)
http://www.cincinnati-oh.gov/police/linkservid/18BFD387-B6DA-077C-9CA3C47BC23AB4F0/showMeta/0/
davidmcbeth
Banned
They do know the laws.... take it from there...
Chris 45LC
Regular Member
I don't think all of them do know the laws when it comes to ccw and oc. That's where most of the encounter problems come from...That and people with bad attitudes towards police officers. There are bad cops but most aren't.
In regard to an officer taking a persons gun during a stop, 2923.163 is about as close as I could find. But this doesn't say the officer can seize a firearm without reasonable suspicion or probable cause. Talks more about returning of the firearm after the stop. http://codes.ohio.gov/orc/2923.163
Humanshield
Regular Member
I have drafted a letter to go out into the mail today. describing the encounter, asking for a review of the education and training of the officers involved. Asking for a written apology from officer Farmer for being bullied/intimidated like a criminal and misrepresenting the law. And lastly that all information identifying myself and my property (gun serial # was ran) be removed from the log of the incident as it was an unlawful start. I note that once I receive all of this in writing I will consider not pursuing damages in court. I am CCi'ing The village Mayor, The Village Law Director, The Police Chief, and the Ohio Attorney General.
Also I as a practice do not dry fire my gun. The officer though upon returning my gun to me "checked" the gun by removing the magazine racking the slide "There was not one chambered" and dry firing the gun. The gun seems to operate normally after the incident. Though this is not how I typically handle my firearm.
Also did anyone note there concern when none of the 4 officers had any Idea who I was? They had never seen me before in there life? :lol: To which I have responded I have lived in this town 31 years (my entire life) and it seems a good thing that they have no idea who I am!
I would be willing to partake in a OC walk or picnic if there was interest in people coming here and partaking. We have several nice parks one with a nice walking path. Not to mention the nice historical part of town that I was walking in with the brick roads and old cast iron street lights.
I typically carry my Springfield subcompact because it's comfortable. But I think my Taurus Raging Judge Magnum 454/45LC/.410 would love to see that light of day also.
Also I as a practice do not dry fire my gun. The officer though upon returning my gun to me "checked" the gun by removing the magazine racking the slide "There was not one chambered" and dry firing the gun. The gun seems to operate normally after the incident. Though this is not how I typically handle my firearm.
Also did anyone note there concern when none of the 4 officers had any Idea who I was? They had never seen me before in there life? :lol: To which I have responded I have lived in this town 31 years (my entire life) and it seems a good thing that they have no idea who I am!
I would be willing to partake in a OC walk or picnic if there was interest in people coming here and partaking. We have several nice parks one with a nice walking path. Not to mention the nice historical part of town that I was walking in with the brick roads and old cast iron street lights.
I typically carry my Springfield subcompact because it's comfortable. But I think my Taurus Raging Judge Magnum 454/45LC/.410 would love to see that light of day also.
JSlack7851
Regular Member
I've often thought about taking my .460 XVR out to M & G's. However, in the event the $hit hit the fan, I often wondered if such a idea would be prudent due to the idea it would go through 2 or 3 people. Reckless endangerment somehow comes to mind. 2300fps @ 200 gr.
BB62
Accomplished Advocate
Please e-mail Jonathan Fulkerson in the AG's office. I'll PM you.
Chris 45LC
Regular Member
BB62
Accomplished Advocate
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1245A Defender
Regular Member
Wowwie!!!
MKE Gal laid out all you need to think about!
She talks about St. John V Alamagordo.
42 USC 1983 law suit,,,20000$ for a 20 minute stop!
you are suing the cops, themselves!
Remember,
10% of the cops are bad cops,
10% of the cops are good cops,
80% of the cops "WISH" they were good cops!!!
9 out of 10 cops wll stand by (even the good one, he is out numbered) while 1 bad cop violates your rghts!
Your stop started perfect,,,
the first thing I want the cop to tell me, is that he is illegally detaining me, because I am lawfuy ARMED!!!
I do hope you got that recorded!
FOIA EVERTHING!!!
MKE Gal laid out all you need to think about!
She talks about St. John V Alamagordo.
42 USC 1983 law suit,,,20000$ for a 20 minute stop!
you are suing the cops, themselves!
Remember,
10% of the cops are bad cops,
10% of the cops are good cops,
80% of the cops "WISH" they were good cops!!!
9 out of 10 cops wll stand by (even the good one, he is out numbered) while 1 bad cop violates your rghts!
Your stop started perfect,,,
the first thing I want the cop to tell me, is that he is illegally detaining me, because I am lawfuy ARMED!!!
I do hope you got that recorded!
FOIA EVERTHING!!!
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Humanshield
Regular Member
Follow up
So, I have received a response from Robert First the Police Chief. In a phone call he apologized for the way the interaction went down. Seemed puzzled about why his officers where not aware of the laws regarding open carry. As according to him they had received information on open carry and concealed carry within the last year. He was going to make this a roll-call item and speak to the officers involved individually.
Apparently shortly after the mail was delivered to the Law Director the Law director came to the chiefs office. I received a call from someone at the State attorney's office basically telling me to take this up with the village. Kind of a "Why are you telling us this?" sort of response.
About a week ago the village had there "Oktoberfest" celebration which was basically some vendors selling food outside and on Market St downtown and some live music. (My encounter happened at the north end of Market St.). I attended this event with my family while open carrying. Nothing was said directly towards me. Police where onsite and one walked very near me, and without trying to be noticed doing so examined my sidearm on my hip. Did not say a word and continued walking. I also had a few double takes and an obvious conversation from across the street pointing me out. But that was it. No ill response from any of the vendors or volunteers.
So, I have received a response from Robert First the Police Chief. In a phone call he apologized for the way the interaction went down. Seemed puzzled about why his officers where not aware of the laws regarding open carry. As according to him they had received information on open carry and concealed carry within the last year. He was going to make this a roll-call item and speak to the officers involved individually.
Apparently shortly after the mail was delivered to the Law Director the Law director came to the chiefs office. I received a call from someone at the State attorney's office basically telling me to take this up with the village. Kind of a "Why are you telling us this?" sort of response.
About a week ago the village had there "Oktoberfest" celebration which was basically some vendors selling food outside and on Market St downtown and some live music. (My encounter happened at the north end of Market St.). I attended this event with my family while open carrying. Nothing was said directly towards me. Police where onsite and one walked very near me, and without trying to be noticed doing so examined my sidearm on my hip. Did not say a word and continued walking. I also had a few double takes and an obvious conversation from across the street pointing me out. But that was it. No ill response from any of the vendors or volunteers.
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BB62
Accomplished Advocate
I don't understand this paragraph. Can you rephrase it?
Humanshield
Regular Member
Copies of the letter where sent to the Law director, Police Chief, State Attorney General, and Mayor. My point was shortly after the mail arrived at city hall. Where all of these offices are. The Law Director felt it prudent to go speak with the Police chief.
BB62
Accomplished Advocate
Thank you.
Who did you speak to in the AG's office?
Who did you speak to in the AG's office?
BriKuz
Regular Member
Just in case, or to reinforce the point (OC is legal), my wife and I would be willing to drive over for a M&G some weekend. I'm not sure if people would be more pissed about her SR40 on her hip, or her breastfeeding my daughter! 
JSlack7851
Regular Member
....... would be more pissed about her SR40 on her hip, or her breastfeeding my daughter!
My wife and I were recently in Boston, in a restaurant walking to our table. We both noticed a woman breast feeding a baby. It was such a big deal (not) that neither one of us mentioned it to the other until long after we left. We both thought it was pretty cool, just like OC. We'd support her what ever she does. Congratulations on your new daughter!
Humanshield
Regular Member
I would actually love to organize a meet and greet in the area. (And my wife would be right there with yours feeding our 3 week old with her pistol on her hip )
)