Posted on 09/10/2008 5:06:59 AM PDT by marktwain
Ohioans For Concealed Carry will be holding an open carry walk in Northwood, Ohio (Wood County) to express our dissatisfaction with the findings of an internal affairs investigation regarding the treatment of one of our members after an encounter with Northwood Police.
Back in early July, OFCC member Edwin Farbrother was detained and harassed by Northwood Police for legally openly carrying a firearm at Netty's Ice Cream Shop. The police had been called to the scene by the chief of police, who was off-duty and at the shop.
After arriving, officers began berating Farbrother for openly carrying a gun where children were present. They told Farbrother he was breaking the law by carrying his firearm openly. One officer insisted that if they were responding to a burglar alarm and saw Farbrother carrying a firearm that he would be the first one they would "take down," and that he risked getting "popped". They then informed him that they were letting him go, but if he did it again he would be arrested and they would let the judge sort out who was right and who was wrong. During the course of the incident, Farbrothers drivers license was broken by one of the officers.
Immediately following this incident, OFCC contacted the Northwood police department and spoke with the police chief and law director. A complaint was filed and investigated. The findings of the Internal Affairs investigation was that no officer misconduct occurred. The broken drivers license was claimed to be the result of faulty laminating. Farbrother's local BMV did not corroborate that claim and did not re-issue a license for free. In an email to OFCC Director Daniel White, Ohio BMV Field Operations Administrative Assistant Chris Lee stated, "our driver license cards are supposed to hold up for the 4 year duration."
There is no prohibition against law-abiding citizens openly carrying a firearm for personal protection in the State of Ohio. In fact, at the request of Ohioans For Concealed Carry and other law enforcement agencies who have made similar mistakes, the Ohio Attorney Generals Office has begun publicizing the fact that openly carrying a firearm in Ohio is not an illegal act and is working that information into its statewide training programs and printed materials.
When a similar incident happened in Willowick, the police department admitted their error and worked with OFCC to resolve the incident. Willowick Police Chief Michael Lazor wrote a letter to Ohio Attorney General Nancy Rogers asking for an official opinion that would help spread the word. OFCC submitted a similar letter, and in response the AG's office added open carry to their official publication covering Ohio's concealed carry laws. They also put a short article in the latest issue of the Trainer, plan to put a longer one in the next issue, and are adding it to the curriculum of their continuing education programs for law enforcement.
Northwood Police Chief Cairl was less than helpful when we attempted to resolve the incident with him. He claims he did not know that open carry is legal. Ignorance of the law is no excuse. No citizen deserves to be berated by the police for conducting a legal activity.
OFCC disagrees with the findings of the investigation that no officer misconduct occurred and believes that Farbrother is owed an apology by the Northwood Police Department. Berating someone publicly and in front of his daughter for a perfectly legal act is not an appropriate response.
OFCC members will meet at Central Park, adjacent to city hall, at noon on Saturday, September 20th and conduct an open carry walk past the municipal complex containing city hall and the police department to reinforce the fact that open carry is a legal activity in the state of Ohio and to encourage the Northwood Police Department to issue an apology to Mr. Farbrother.
This Cairl individual is clearly an illustration of the Peter Principle.
BULLSH!T!!! If he's the Police Chief and isn't aware of an important law ilke this, he's incompetent and needs to resign, or be fired.
Ignorance of the law is no excuse.
Which the police will tell you when they arrest you for unknowingly committing a crime.
Without the second amendment the rest are unenforceable.
I maybe able to show up... thanks
The people have the right to bear arms for their defence and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
The Ohio Supreme Court has affirmed that the Ohio Constitution protects the right to carry a gun openly. There's no wiggle room for the police in this case. Their only excuse is ignorance. Considering that there have already been some widely publicized incidents as well as efforts by the attorney general's office to inform law enforcement, they have no excuse.
???
A chief is NEVER off-duty.
jw
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