Posted on 03/30/2008 12:35:05 PM PDT by buccaneer81
Openly carrying gun not a crime Sunday, March 30, 2008 3:43 AM By Bill Bush THE COLUMBUS DISPATCH
In the political tussle over Ohio's concealed-carry gun law, one fact seems to have been overlooked by many: You never needed a permit to carry a gun in public, and you still don't --- you just can't conceal it.
As long as you haven't been convicted of a felony, if you want to wear a pistol on your belt or walk around town carrying a shotgun, Ohio has no law against it.
But if you do, don't be surprised if you get some unwanted attention from police officers.
Philip Turner, 30, discovered that in July when he walked from his Hilliard apartment to his parked truck wearing a gun on his belt. At the time, Turner worked protecting banks' ATMs as they were serviced and delivering diamonds to jewelry stores.
An undercover agent with the Ohio Investigative Unit -- the police agency that enforces the state's alcohol, tobacco and food-stamp laws -- saw the gun and quickly ordered him against his truck with his hands on his head.
"He came up and treated me like a felon for absolutely no reason at all," Turner said. "There wasn't even a suspicious action on my part to warrant him taking this action against me. Had I been out waving a gun around the parking lot, (then) yeah."
After being detained for about 30 minutes, and after Hilliard police arrived at the agent's request, Turner was released without charges. An internal investigation that concluded this week found that neither Agent Timothy Gales, who had stopped Turner, nor his partner, Betty Ford, did anything wrong.
However, it also revealed that Gales did not know it was legal for Turner to carry a gun openly, said Lindsay Komlanc, spokeswoman for the state Department of Public Safety. As a result, more than 100 agents in the unit are to attend a mandatory refresher course on Ohio's gun laws over the next couple of months, she said.
They might be surprised at what's legal.
The investigation report said that, weeks before Turner was stopped, agents stopped a 13- or 14-year-old boy who was carrying a rifle in public. They called his mother, who retrieved the gun. Then they called a supervisor to figure out what charge to file against the boy.
The answer: nothing. The supervisor advised them that "it was their right to carry a gun openly and they were allowed to do this," according to the report.
Ohio law says you can't sell a gun to people younger than 18 or provide them with one, except for "hunting, sporting or educational purposes," said Lt. Shawn Davis of the State Highway Patrol. A child must take a gun-safety course before going hunting, Davis added.
It's not illegal "that we see" for a juvenile of any age to carry a gun in public, said Jennifer Brindisi, a spokeswoman for the Ohio attorney general's office.
Turner, who has a license to carry a concealed gun, said he was carrying his gun openly "because it's my right. I choose to exercise my right to protect myself." He doesn't know whether the two agents pulled their guns; he was instructed not to face them. The agents told investigators they didn't.
But it wouldn't be unreasonable for officers to draw their guns until they know what the situation is, said Sgt. Rich Weiner of the Columbus Police Division.
"The first thing we need to address: This man has a gun," Weiner said. "We're going to pull our guns.
"As a police officer, we also have the right to protect ourselves and protect the public, so we do have the right to disarm him momentarily. Now everybody is a little bit more at ease. We don't have a potential weapon being used against an officer or anybody else."
If your open display of a firearm is causing panic, you could be charged with inducing panic, Weiner said. If you carry it onto private property, you could be charged with trespassing, he said.
Komlanc of Public Safety wouldn't say why the agents and a police dive team were at Turner's apartment complex last July because the case is continuing.
bbush@dispatch.com
How is a man carrying openly, not hiding his weapon, any threat to you or anyone else?
Just the fact that a civilian is armed is enough for some LEO's to get that rush of testosterone and adrenaline. They feel the need to control those they forget they're employed to serve. Those sort are the type who will enter the wrong house on a whim or a warrant and shoot the occupants and try to squirm out of the consequences.
Any LEO who is so flippant and greasy to claim they're in need of protection from the people is one cop who needs to be fired and sent to scraping the walls of the city sewers.
I sincerely pity the victims of their "protection".
Most people, especially Law Enforcement and Judges and Lawyers are unfamilar with most of them.
I know a farmer who clobbered a Wildlife Officer when the officer tried to ticket him for illegal harvest of beavers.
Turns out in his jurisdiction work agricultural operations have license over nuisance animals and the Game Wardens have NO, ie ZERO jurisdiction
The judge did not know it, the game warden did not know it, but the farmer had the statutes entered into the record and that was the end of that.
It is similar to my attempt to explain to RobertPaulsen that prisoners legally can and do and have had in the past weapons in their possession while incarcerated.
It is in the Penal Code, there are extant examples, but most people are so startled by the very notion of it they refuse to believe or discuss it.
Go figure.
Best regards,
my first thought. funny
Me too here in Michigan.
I was ripped a while back from one of your state homies when I said I wasn't about to openly carry just to prove that I had the right to do so..........
If you think he has trounced anyone in an argument you must be as deluded as he is.
Just because he keeps posting does not mean he has won anything.
Nice try.
If you agree with paulsen then you and I will probably not agree on anything.
If you are refering that debating with me is not debating with an adult then I would say that you and I have not debated anything so you have no basis for that opinion.
So basically you posted that to bash law obeying citizens. Golly you are cool.
Try to keep up and stay focussed on the situation as have been presented.
But I do have a question for you. What is worse, a forum bad-ass or someone who becomes a bad-ass cop to excercise his inadequacies over people who cannot defend themselves on an equal footing?
Then why are the ankle-biters cowering away from pinging him?
???????
Even the name seems to bring everyone to a keen edge.
I think your comments (about he who cannot be named) were correct and I thought I chimed in with my agreement.
You are welcome to visit my forum links page to see some of my latest encounters.
Best regards,
Please, take me!!!
It's been soooo long since I've sparred with an unarmed man....take meeeee...
Because no one in their right mind invites ants to a picnic.
bump for open carry in Ky as well...
The way I see it, the disingenuous deserve no such courtesy, as they don't practice it themselves.
Typical worried about himself above EVERYONE else, rights-be-damned, US LEO.
I'm NOT impressed, slick.
Cowering??????????????????
Nobody’s cowering.
It’s more like avoiding quicksand.
“About he who cannot be named”
That’s funny.
Perhaps I misunderstood you. Seems like everything around he who cannot be named gets confusing.
You either violate someone's rights or your dead.
just remember that once you violate my rights, I may feel obligated to return the favor...or at least just turn the other cheek if I recognize you lying in your pool of blood from a real criminals weapon...
LFOD...
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