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Gun carry law challenged
The Tribune Chronicle ^ | 3/25/2005 | RON SELAK JR.

Posted on 03/25/2005 9:39:52 AM PST by MissTargets

WARREN - A 62-year-old Howland man arrested while holstering a military-style pistol with Kevlar penetrating bullets is scheduled to make his first court appearance this morning.

Jerry Joseph of Valacamp Avenue S.E. is accused of violating Ohio's conceal and carry law during a traffic stop Monday when police say he failed to tell police he had the weapon concealed while he was in a motor vehicle. Joseph is scheduled to be arraigned this morning in Warren Municipal Court on charges of carrying a concealed weapon and improperly handling a firearm in a motor vehicle. He is free on $5,500 bond.

Joseph, who has a permit to carry a concealed weapon in Ohio, said he believes he didn't do anything wrong.

Detective Jeff Hoolihan said that after taking Joseph's passenger, William Cindea of Stiles Road N.W. into custody for warrants charging assault and drug possession during the West Market Street traffic stop, backup officers patted down Joseph and found a semi-automatic pistol with 20 rounds of Kevlar piercing rounds - bullets known as "cop killers.''

Police said carrying the gun - which costs in the neighborhood of $900, was first introduced as a military weapon and has the power to penetrate police protective vests - isn't illegal, but police say Joseph failed to inform officers he was licensed to carry, was carrying the weapon and that he had it hidden beneath his jacket.

Ohio law states that while carrying a weapon in a vehicle, it must be in a holster in plain sight, and the carrier must inform police he is licensed and is carrying the weapon. Carriers also can have the gun in a locked glove box or locked box located in plain sight, and must provide their license and a second form of valid identification.

Joseph had a permit issued through the Trumbull County Sheriff's Office to carry the weapon. However, police say it has been temporarily suspended pending the outcome of the criminal charges.

Joseph said he received his permit in November and purchased the weapon and ammunition shortly thereafter in Austintown because it was something relatively new on the market and "supposed to be state-of-the-art.''

"I've never even fired it yet,'' he said.

Joseph said he doesn't understand what he did wrong, adding he threw his license and gun permit on the top of his vehicle after he was outside the vehicle. He said he told police three to four times he was carrying the weapon and waited to show them because of the heated situation.

"I had the permit,'' Joseph said. "Maybe I didn't think right, but I thought I did everything right.''

Detective Michael Krafcik said, according to state law, Joseph should have removed his coat while driving to keep the weapon in compliance with the plain sight stipulation.

Hoolihan said police are not singling out Joseph, saying having a conceal and carry permit is a privilege much like having a driver's license.

"We're not targeting this man,'' Hoolihan said.


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Ohio
KEYWORDS: banglist; concealcarry; donutwatch; govwatch; guns; ohio
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This is the first time, in this area, that I have heard of any problems with CCW permit holders. Just goes to show you that the carrying in the motor vehicle law needs to be changed.

Here is another article, that I found rather amusing.

Shooting banned at dump

1 posted on 03/25/2005 9:40:00 AM PST by MissTargets
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To: MissTargets

Maybe he had one of those newfangled Belgian pistols that have gotten such bad press. I wonder if he actually had the kevlar piercing ammo, or that was just a figment of the bad press that the pistol has gotten. Maybe the police were more upset about which weapon he had than the fact that he didn't have it in plain sight, and that's why (allegedly) telling them about it wasn't good enough.


2 posted on 03/25/2005 9:44:47 AM PST by Pearls Before Swine
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To: Joe Brower; Travis McGee

ping


3 posted on 03/25/2005 9:45:01 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: Annie03; Baby Bear; BJClinton; BlackbirdSST; BroncosFan; Capitalism2003; dAnconia; dcwusmc; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.
4 posted on 03/25/2005 9:46:01 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: All

So, we are talking about the new FN pistol that fires the same ammo the P-90 does?

I am not totally sure the ammo out there right now is really ammo piercing. I don't THINK it is, as a matter of fact.


5 posted on 03/25/2005 9:48:04 AM PST by Armedanddangerous (May God bless Mark Wilson, a true American hero.....)
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To: Pearls Before Swine
The pistol is available, but the 'cop-killer' ammo is NOT available to the general public.

L

6 posted on 03/25/2005 9:50:16 AM PST by Lurker (Remember the Beirut Bombing; 243 dead Marines. The House of Assad and Hezbollah did it..)
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To: Pearls Before Swine

It sounds like that's the case - the price just about guarantees that it's a FiveSeven (I refuse to use the goofy capitalization). However, the Teflon "cop killer" ammo was never made in 5.7; they're smoking crack if they think that's what's in that pistol. Standard hollowpoints, that's all.


7 posted on 03/25/2005 9:50:17 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: MissTargets
"We're not targeting this man,'' Hoolihan said.

Translation "We are going after this man with a vengence and we will not rest until he is dead or in prison for life. how dare this peon try to muscle in on our territory and protect himself. if this catches on there will not be aneed for as many police to protect the peons and some of us will lose our jobs and have to work for a living."

There now the article is accurate

8 posted on 03/25/2005 9:50:30 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: Squantos

5.7mm bump. Bet he didn't have AP ammo.


9 posted on 03/25/2005 9:51:03 AM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: MissTargets
From Packing.org....

Date updated: Tuesday, August 24, 2004 Ohio's Concealed Carry Law makes it Mandatory to notify a police officer that you are carrying a concealed handgun and have a license to do so.

This law will apply to you even if you are merely a passenger in a motor vehicle. The officer may or may not ask you to produce your license and may or may not ask to take possession of your firearm for the duration of the traffic stop. The law specifically prohibits the officer from keeping your firearm if you are released.

Vital: During a traffic stop you should never make any movement that could be considered reaching for or touching your firearm. Besides the common sense reasons, if you are charged with touching your firearm at any time during a traffic stop the charges are a felony.

Sec. 2923.126.

(A) If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun; the licensee shall comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, shall remain in the motor vehicle while stopped, and shall keep the licensee's hands in plain sight while any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, while any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. If a law enforcement officer otherwise approaches a person who has been stopped for a law enforcement purpose, if the person is a licensee, and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform the officer that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun.

Sec. 2923.126.

(A) A licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license and valid identification when the licensee is in actual possession of a concealed handgun.

10 posted on 03/25/2005 9:52:01 AM PST by OXENinFLA
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To: Pearls Before Swine
The SS190 ammunition is the steel and aluminum core ammunition that will penetrate 48 layers of kevlar. It is regulated under US Code Title 18, Sec 922 and can not be sold except to government/law enforcement/military.

The ammunition that guy had is probably SS192, copper jacketed lead hollow point. It does not meet the Federal definition of 'armor piercing' ammunition. AP ammo has a very specific definition according in US law.

US Code Title 18, Sec 921 states
(B) The term ''armor piercing ammunition'' means -
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

The SS192 ammunition does not meet that definition so the liberal media is blatantly lying about the ammo he had.
11 posted on 03/25/2005 9:52:43 AM PST by boofus
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To: Armedanddangerous

None of the stuff that was actually intended to be armor piercing has ever been sold to civilians in the US. There were some defective hollowpoint rounds that actually got out to civilian sales that will penetrate IIA vests (cavity too small, jacket material too strong) but that was only a few cases worth and it was recalled/withdrawn as soon as someone found out. The standard ammo for sale in 5.7 is a hollowpoint that won't penetrate soft body armor (unless you're stupid enough to order and wear level I armor).


12 posted on 03/25/2005 9:54:03 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: MissTargets

"Joseph said he received his permit in November and purchased the weapon and ammunition shortly thereafter in Austintown because it was something relatively new on the market and "supposed to be state-of-the-art.''

"I've never even fired it yet,'' he said. "

It's not a good idea to carry a weapon that you have never fired and that has not been thoroughly tested with your carry ammo. Since I don't beleive that armor piercing bullets such as KTW are available for sale to the general public, I doubt his ammo was of the "cop killer" variety.


13 posted on 03/25/2005 9:56:07 AM PST by BadAndy (Specializing in unnecessarily harsh comments.)
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To: MissTargets
Why didn't he just tell the cop he was carrying?
14 posted on 03/25/2005 9:57:04 AM PST by OXENinFLA
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To: OXENinFLA
Why didn't he just tell the cop he was carrying?


Maybe he forgot?

Maybe he didn't no the law made him a criminal for remaining silent?

Maybe because it it none of the cop's business (and the law does not make it the cop's business.)
15 posted on 03/25/2005 10:06:15 AM PST by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: Armedanddangerous

You are correct:
While there is "armor piercing" ammo for the Five seveN, it's not available in this country, not to commoners, anyway.

OTOH, just about any non-hollow-point round from a .44 mag will defeat any body armor you can carry around...


16 posted on 03/25/2005 10:08:37 AM PST by Redbob
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To: Beelzebubba
" Maybe he didn't no the law made him a criminal for remaining silent?"

Drummed into us a part of CCW Training. One MUST advise police upon stop that you either are or are not carrying. When stop is made, they already know if the driver has a permit.

NO excuse for forgetting.

17 posted on 03/25/2005 10:12:29 AM PST by drc43 (Happily posting red herrings till I know better.)
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To: Beelzebubba
Maybe he forgot?

I won't buy that. If you're carrying, you know it.

Maybe he didn't no the law made him a criminal for remaining silent?

He had a permit to carry. I'm not sure if OH is like FL but you're supposed to know the section of the law that deals w/ carrying, and ignorance of the law is no excuse for breaking the law.

Maybe because it it none of the cop's business (and the law does not make it the cop's business.)

According to OH law it is.

18 posted on 03/25/2005 10:16:38 AM PST by OXENinFLA
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To: Travis McGee

Can't buy it (the ap ammo) commercially........ I have searched to see if it was available to the sheeple and it is NOT !

If someone has some then it is stolen from some gooobermint or local LEO or DOD..... I suppose some of the contractors in country could get it yet that would be a DSS sanctioned PO also .

The issue here is the CHL laws pretty much require one to inform the officer on a traffic stop that he's carrying per the states CHL laws. It's also a polite act to inform the officer that s/he is not carrying if the weapon is not present in the vehicle or on their person because if ya fail to follow that simple rule they will run yer plate and get a code back that says CHL is issued to you and assume that for some reason yer keepin that a secret so it's felony stop time and more BS than it's just worth.

If we are gonna let em rent our RKBA's back to us then there is always a lease agreement from the slum lords that we have to follow. Notifying the LEO of your carry status in the traffic stop is key to avoiding a shitstorm of BS and paperwork and little gator fees etc etc etc ......

As to the FN that is an agenda gun .....never mind the 7.62x25 ball ammo used in 60 (+/-) year old CZ 52's and Tok's Bolo's etc . Or a TC Contender pistol in a rifle caliber etc etc ....... the only valid evil in the VPC Idiots , their supporters and sheeple who swallow such disinformational sh*t'n shineola in this world is black plastic.....

Presstitutes evidently get a dollar kickback from the socialist grabbers for every mention of an agenda gun it reports at the rate they spew this BS.....

Just my opinion of course .......Stay safe !


19 posted on 03/25/2005 10:18:58 AM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Squantos
Presstitutes evidently get a dollar kickback from the socialist grabbers for every mention of an agenda gun it reports at the rate they spew this BS.....

I'd call em eager accomplices.

20 posted on 03/25/2005 10:21:54 AM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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