Police: Ohio Man Had Gun, Knives At Batman Showing

[hammer6]

"What concerns us is where he was sitting in the theater," Arcuri was quoted as saying. "If he chose to do something there, all his potential victims were in front of him and he had an advantage over them."

So sitting there is RAS?

 

[Nevada carrier]

It's not clear what his motive was

So far it seams clear that his motive was to see a movie.

 

[JmE]

The more comments that I read from clueless people on those news article comment sections... wow. My head begins rotating around like the cartoon character Stewie from Family Guy and I think "Really?!?!" So many seem to me as incredibly ignorant, naive, and willing to give up their rights easily. They appear be very much indoctrinated into whatever the media shovels into the public trough these days. Is this truly what has become of the people of the Republic; are "we the people" on crack? Really?!?! *sigh*

 

[JmE]

http://www.huffingtonpost.com/2012/08/07/scott-smith-dark-knight-arrested-ohio_n_1753951.html

Arcuri said one of the charges police may pursue for Smith is having weapons under disability. He said Smith was taking daily medication, but he would not elaborate on what that medication is.

"Our contention is that he's drug dependent," he said. "And as a result, he should not be possessing a firearm."

Here we go. This one looks like it might turn out to be quite a stretch.

 

[RT48]

Why do people make comments without actually reading the news articles?

1. The search was done by a Westlake police officer doing security at the theater.
2. The guy gave the officer permission to search his bag.

 

[JmE]

That Huffington Post article ended with

"Our job is to protect the community," he said of police. "It's not his role. If there's a gun, it's because our officers brought it. It's not his job to bring the gun, it's ours."

and, for some reason, that comment pissed me off.

 

[skidmark]

Why do people make comments without actually reading the news articles?

1. The search was done by a Westlake police officer doing security at the theater.
2. The guy gave the officer permission to search his bag.

Probably directed at me. If so, might I suggst that you check your satire detector - it appears not to be functioning.

If not directed at me, would you be a bit more specific who you are complaining about - the field of candidates outside this OCDO thread is awfully large.

stay safe.

 

[JmE]

Why do people make comments without actually reading the news articles?

Some of the articles updated between comments. Also, the issue of losing rights and losing life fires passions of many. And, people aren't perfect. Lastly, some have an agenda. There are probably other reasons and your question might have been rhetorical.

ETA: If that was addressed to me (which I don't think it was) I was referring to the news readers commenting on the articles about how nobody needs a gun in a theater, how this isn't the "wild, wild, west", "it isn't like a Clint Eastwood movie", etc. I wasn't commenting on 4th amendment issues or the lack thereof in this case.

 

[JmE]

1. The search was done by a Westlake police officer doing security at the theater.

The problem that I have in those situations is that there usually isn't an easy way for citizens to determine if the officer is on the clock as law enforcement proper or as a security guard. In the case of the latter, one might be more inclined to tell him to pound sand and then would leave the theater. In the case of the former, one may be concerned about contempt of cop or otherwise running afoul of some nuance of RAS, probable cause, and grounds for arrest.

I know in my personal situation that I don't always process information as rapidly as years past so it takes more effort to evaluate a law enforcement encounter. Still, I wouldn't have consented, as the theater goer reportedly did, if I didn't posses a CHL license. Even with a license, I'm not sure that I wouldn't have done the whole "am I free to go" schtick** in light of the other encounters tainted by the media surrounding the Colorado incident lately. If it were easy to determine that the officer was working a security detail, then I'd be inclined to bid him good day and leave the premises.


** Then there's the notification requirement problem. Asking, "Am I free to go?" after notifying that you posses a CHL and are armed. If one knows he is working a private security detail, then no notification is necessary. However, if he's not then that becomes an issue. It's too difficult to tell in which capacity he is operating at the time; unless there is a way to know which I'm missing. I could be misinterpreting "stopped for law enforcement purposes" as well. I don't take an officer working a private security detail as "law enforcement purposes." Again, I could be wrong in that line of thinking.

 

[OC for ME]

Searched by the rent-a-cop? Then the alleged perp sits in the back row after his stuff gets searched? Now, if he got searched.....IF, then there must not have been much of a problem before he picked his alleged ambush location.

Yepper.....right there tells ya everything ya need to know......it seems the perp will be charged with CC w/o a permit......hard core criminal element there.

Now the piling on by LE begins.....what is the penalty in Ohio for CC w/o permit? This may provide a clue as to why the search for more charges is on going.

 

[JSlack7851]

I too wonder what if. However, I have carried several times in the Regal @ Cobblestone in Elyria. This is the first time I've heard their posted.(cough) Their signage must be somewhere I have never seen it or its in fine print somewhere. Under Ohio law it needs to be posted conspicuously.

This man must not of studied about CC or he wouldn't needed a bag. First off he was wrong to have a weapon with out a permit. Up till this morning I thought he had one, but the noon news said he didn't. If he did it wouldn't of been a criminal matter, it would of been a civil one.

Remember LEO can charge you with anything, that doesn't mean its gonna hold up with a jury. I also question the knives, one maybe, for use as a cutting tool. They come in very handy, there must of been some thing else this guy had in mind. JMO

Atlas theater in the Elyria Mall isn't posted either. I carried there and watched Batman. At no time during the movie did I have any urge to turn into a monster.

You just can't blame 'crazy' or 'mental incompetence' on a firearm. Bad judgement is a personal thing.

 

[hammer6]

I too wonder what if. However, I have carried several times in the Regal @ Cobblestone in Elyria. This is the first time I've heard their posted.(cough) Their signage must be somewhere I have never seen it or its in fine print somewhere. Under Ohio law it needs to be posted conspicuously.

This man must not of studied about CC or he wouldn't needed a bag. First off he was wrong to have a weapon with out a permit. Up till this morning I thought he had one, but the noon news said he didn't. If he did it wouldn't of been a criminal matter, it would of been a civil one.

Remember LEO can charge you with anything, that doesn't mean its gonna hold up with a jury. I also question the knives, one maybe, for use as a cutting tool. They come in very handy, there must of been some thing else this guy had in mind. JMO

Atlas theater in the Elyria Mall isn't posted either. I carried there and watched Batman. At no time during the movie did I have any urge to turn into a monster.

You just can't blame 'crazy' or 'mental incompetence' on a firearm. Bad judgement is a personal thing.

I've been to that theater, albeit a year ago, but they don't search you, nor do they have a conspicuous sign. Its actually not mall policy, but the Crocker park policy. It's in fine print. Like, you can't read it from a car. Or up close without looking hard for it.

 

[Bill Starks]

Wait, wait, wait just one second. Ohio prohibits people with disabilities from carrying a firearm? If this is so, can someone post the statute? Sounds highly prejudicial and discriminatory to me.

2923.13 Having weapons while under disability.

(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply

1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.
(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.

Amended by 129th General Assembly File No. 30, HB 54, § 1, eff. 9/30/2011.
Effective Date: 04-08-2004

 

[JmE]

http://www.wkyc.com/news/local/story.aspx?storyid=255163
and a possible felony charge for having weapons under disability -- stemming from a medication that could prohibit him from owning a firearm.

I read in another article where it was stated that he "took daily" (prescribed) "medication." If I find the link, I'll post it.

Prescribed medications, taken under a physician's care and as directed, do not violate ORC 2923.13(A)(4) unless they really stretch it. I don't like the direction that they are taking this case!

 

[JmE]

It's not the article I was thinking of but it does spell it out.

http://www.huffingtonpost.com/2012/08/07/scott-smith-dark-knight-arrested-ohio_n_1753951.html
Arcuri said one of the charges police may pursue for Smith is having weapons under disability. He said Smith was taking daily medication, but he would not elaborate on what that medication is.

"Our contention is that he's drug dependent," he said. "And as a result, he should not be possessing a firearm."

Drug dependent for daily medication is the recent claim. I really hope that this goes nowhere and fast.

 

[davidmcbeth]

It's not the article I was thinking of but it does spell it out.



Drug dependent for daily medication is the recent claim. I really hope that this goes nowhere and fast.

This IS going to be the focus on new gun control IMO .. mental health issues of people. It may be effective too as who is going to argue that someone who has a mental health issue should be prevented from having a gun?

Next, you must see a psychiatrist to be able to purchase a gun, have checkups every 3 months (costing $1000/each) once you own, etc.

Be ready, I predict 5 states will have some more "regulation" proposed within the next 12 months that will seem to be "reasonable" but will in fact be an attempt to strip us of our guns.

Thanks to the OP for posting this ... its an aspect of gun control that we'll need to focus on.

 

[RT48]

He is being charged with 21 felony counts: 2 for CCW and 19 for possessing weapons under disability. Not one news article has said if he has a prescription or not. If he does have a prescription, then those 19 "weapons under disability" charges are very disturbing.

http://www.cleveland.com/metro/index.ssf/2012/08/man_who_brought_gun_to_westlak.html

 

[OC for ME]

Next the anti's will be wanting all you old codgers to be disarmed cuz you take 30 or 40 pills a day......hmmm.....

 

[Makarov]

I know several female cops on Prozac. Should they be arrested for weapons under disability.

 

[OC for ME]

If a cop is on Prozac there should be a whole set of different questions being asked that have nothing to do with a gat.