DaveTN

Other than the question of whether or not security at a state penal institution can stop you from taking pictures of the facility; it sounds like he was treated with respect.

So we can carry switch blades and other assisted knives, but they can’t have a blade over 4”?    

Deleting pictures is a non-issue; until you overwrite them or format the card they are still there and easily recovered.    

The internet killed gun shows (as well as ham radio shows, computer shows, etc.). You can buy and sell anything you want right here.   Why would a dealer drag all his guns out to a gun show and discount them? He has no reason to. He will sell everything he has without the cost of going to a show. Used guns are being priced at or above new gun prices and they appear to be selling.   More and more manufacturers are getting into making guns and gun parts. Eventually the fear of legislation will end, supply will overwhelm demand and we will see prices fall. Then we might see the gun shows get interesting again.   The last gun show I went to I carried a gun into the show in its case because I wanted to try to find a holster. I was hit with 3 or 4 guys wanting to know what I had and how much I wanted as I walked through the door. Flipping guns, although illegal, has become a business for a lot of people.    

I heard on the radio ad for the Murfreesboro show that there would be “Ammunition at wholesale prices”. I laughed out loud.

Apology accepted I have plenty of beliefs that are not popular here; I speak them freely and am more than willing to take responsibility for them. Your beliefs and mine are opposing enough that you shouldn’t need to put words in my mouth or claim things I didn’t say. I enjoy a good legal discussion like this and thank you for keeping it civil. I suspected this but have no knowledge of it so I didn’t say it. Let me assume from your statements you know more about him that I do and make an observation. A civil trial is not like a criminal trial. If this guy was seeking out a confrontation they will not pay him for “emotional trauma”. He could have given his name and this probably would have ended very differently. That’s why I said they could find that the Officers violated this guy’s right and him still not give him anything. I deal in facts. I can’t make many arguments one way or the other because I don’t know the facts. I don’t know Ohio law, their SOP, or how they apply these “ID” laws. I could understand this guy punking a rookie cop into making a mistake. But unless I understand these stories wrong the Officer that was approached by the citizen was a Command Officer, so I assume he has many years on the job. He could still makes mistakes but seasoned Officers don’t generally get all tied up in the emotional BS of someone questioning their authority; although it could happen. I will say this. These “activist types” as you call them have the potential to do more harm than good. Is it legal to strap an AK across your chest dress up in military garb and go for a stroll in Radnor Park while families are enjoying the park? Yes, as I understand it is. However, its stupidity beyond belief and is something most of us would never do. Luckily, the state did not overreact and change the laws; they just pulled the permit of the guy that did it. In our state all this BS could end with our legislators recognizing the 2nd amendment as an individual right and changing the laws.

http://www.wate.com/story/22276864/man-arrested-after-bringing-gun-into-morgan-county-courthouse

He doesn’t have an HCP.

I haven’t made any claims.   Quote where I said that.   Agreed.   Okay.   And it does not say there weren't any other factors. That’s why I asked what did the citizen or the store clerk say to the cops.   Agreed.   That's correct, and we don't know that do we?   Exactly.

So it’s 4:30 am at the local stop & Rob. How did the guy present? Did the Officers feel he may have been getting ready to rob the place? What did the concerned citizen that approached the Officer say? What did the store clerk say when they talked to him/her?    What I’m asking here is was the guy picked out simply because he was open carrying a gun, or did he look like a dirt bag getting ready to rob the place. A jury (if it gets that far) will be asked to make that decision. If the jury believes this guy was innocent of any wrong doing and the Police acted inappropriately; he gets a payday. Or they could decide that the Officers violated his rights but that their actions were not willful or wanton under the circumstances and award the guy $1.   I live in a state where open carrying a firearm does not make you part of a protected group untouchable by the Police; quite the opposite. I don’t think if the guy was carrying a baseball bat instead of a gun there would be a problem with the Police approaching him. Open carrying a deadly weapon does not make you special; it makes you a target.

Is the department making the argument that the guy could have been a felon?  I would think the circumstances dictated the Officers’ actions up to the point where he refused to ID. A citizen outside the store contacted the cops about a suspicious person and they approached him; I’m okay with that and would have done the same. By approaching him they stopped the obvious threat of him robbing the store, if that was the citizens concern.   My question is what happens when he refuses to identify himself? What if he didn’t have a gun and was just your normal run of the mill suspicious person that citizens call the Police about all the time. Can he legally refuse to identify himself under Ohio law? Or is an argument being made that because he was open carrying a gun he is part of a protected class that the run of the mill suspicious person doesn’t qualify for?   I have never heard that you have to wait until someone is in the commission of a crime to approach them. I thought the idea of District Patrol was to be proactive not reactive.      

Ohio is in the sixth district; not the fourth. The sixth might decide the convicted felon in possession needs to serve out the 15 years the state sentenced him to. View of a gun was not an issue. The gun became an issue when the suspect ran from the scene and was tackled. The court had to really stretch to let this convicted felon in possession go. I doubt that decision will impact much.

Do you have people that don’t have the money to pay child support in jail?

Do you know that to be true JayC? from my other post...  

Some people seem to know Ohio law. I’ll ask this again. Is there no case law on this? Are you required to ID? What happens when you refuse? Are there any Ohio court rulings on stopping someone open carrying? I can’t believe this has never been addressed.      

Just a young man exercising his 2nd amendment rights; I don’t see a problem. I’m kidding, I’m kidding.

According to the story I read no one called 911. A citizen stopped a Police Officer and said he thought the person was suspicious. That means the cops are going to act; or should. We have absolutely no idea what that conversation was. The guy could have given his name or showed his carry permit and left. He chose to refuse to identify himself. That may or may not be legal in Ohio, I don’t pretend to know; but I don’t see a jury being sympathetic to the guy.    

I'm confused also. Was this a call to a cop?

Well, if you not giving a phone number is a big deal to you; then tell them no. But don’t let them force you into a lie.

The story that you posted the link to said he was arrested. They said the charges were dropped almost two months later. You don’t have to go to jail to be arrested; I assume since they let him leave he was given a field notice to appear. Reading of Miranda rights are never required, unless you are questioning a suspect and want to use what he says in court.

In states I am aware of; the city or state would pay actual damages and the Officers would be responsible for punitive damages. Is that not the case in Ohio? If this case was won the majority of damages would be punitive. If a jury thinks he was trying to prove a point; there won’t be much in actual damages; as he caused it. In a civil case the big question will be did he violate Ohio law leading to his arrest. Just because the DA chose to drop those charges; doesn’t mean the arrest wasn’t legit.

I don’t know anything about Ohio laws, so my questions for those that claim they do would be…   A store clerk sees a suspicious person in the store at 4:30 am. He notices the guy is carrying a gun.  He calls 911.   Has the store had robberies, have there been recent robberies in the area? If so, don't you think reasonable articulable suspicious exists?   Does Ohio law require the guy to ID himself to Police?   If it does not; does Ohio recognize qualified immunity for Police Officers? Were the actions of the Officers willful or wanton?   Is there case law in Ohio about cops stopping suspicious people carrying guns? Is there anything in the Ohio guns laws that address being stopped by Police?    

We don’t know what reasons the Officers gave for what they did. If the state wants them to disregard man with a gun calls; they need to say so. This isn’t rocket science. If they don’t stop and question the guy and he kills a bunch of people the victims’ families will sue the city; chose your poison. State legislators and the state AG needs to make the laws clear for everyone.

According to this Clarksville Attorneys website….   http://criminaldefenseclarksville.com/legal-blog/dui-bac-limits/does-the-possession-of-a-commerical-drivers-license-mean-that-my-bac-percentatge-can-only-be-04-to-be-convicted-of-dui-while-operating-my-personal-vehicle/   But apparently the person was charged.   I use to hear that all the time when I was a cop in Illinois. It wasn’t true there then; I don’t know if it has changed.   The BAC is a non-issue for those that refuse. Most people that appear to be drinking are going to be asked to submit to a BAC test. If you refuse you are going to lose your license for a while over implied consent anyway.   If I could get a couple of facts across to young people about DUI it would be that it is not about “Drunk Driving”; it’s about BAC. You probably won’t consider yourself feeling “drunk” at .08. No one cares how you feel about that; you are impaired. The other thing is that DUI can end a young person’s career before it ever gets started.   Don’t drink and drive.   Sounds corny, but I’m sure there are plenty of stories here from people that were arrested for DUI; that will say they weren’t drunk. And we are only talking about the consequences of a DUI arrest; we aren’t even talking about the possibility of hurting or killing an innocent person.

Must be an issue with the availability of Walther parts. I sent an M&P in and they replaced the extractor. Arrived at S&W on 4-16 and left on 5-9. S&W customer service has been taking a lot of heat over Walther guns; they got the shaft on that deal.