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
Imagine! LEOs who don't know the law! I'm shocked! Shocked I tell you! /s
O-BS. They get you with disturbing the peace and a host of other hassles. This is how the left and government works. They tell you hey, there is no law against it specifically but , they have a list of other laws and policies to stop it.
As a police officer, we also have the right to protect ourselves from the public.
So basically you posted this to bash law enforcement officers. Golly you are cool.
Considering that it takes two and half 53 foot trailers to load one copy of all the federal laws,regulations and codes that have the force of law, this should be no surprise. Then if you add on the state,county and city laws, regulations and codes that have the force of law you can start to understand why the people feel so oppressed by law enforcement and the taxes required of them to pay for it all.
Given the specifics of this case and the fact that Mr. Turner was doing nothing but minding his own business at the time, this is the most assinine statement that one could possibly make about this case. There was no need to protect anyone from anything, until they instantly decided to escalate it and CREATE the situation in the first place.
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.”
Hard to believe we have fallen this far in America.
Oh, that's an easy one. They are going to keep digging until they find something, anything, to arrest him for to "prove" they were "right" in the first place.
And as a member of the public, I have the right to protect myself from you should you ever intentionally violate my rights.
See US v. Cruikshank.
Have a pleasant day, Officer.
L
Wrong. In Ohio you have the right to open carry. The LEO violated the man's rights. ONE officer. Not all.
Read the OP’s comments in the first post.
I have a CCW in Ohio and I won’t carry in the open, it’s just asking for trouble.
Please see post # 6. It sums up my position as well as the poster’s.
Hoplophobic policemen. Why would a ne’er-do-well appear in public with a holstered pistol?
Please see YOUR OWN commentary in your OP.
I’m with you, Marktwain—I don’t see any police bashing here. Looks like a straight forward news story to me-—and an educational one at that. Whoever read this in OH now knows for sure that he can openly carry a gun without a license.—(as long as he’s not a felon)-And that’s a good thing!
I’ve seen good cops, bad cops and ignorant cops. This ONE particular officer is definitely the latter. I’m not tarring the entire profession. Your thin skin and lack of objectivity make me fervently hope that you do not possess police powers.
I think it’s cool to carry openly in Georgia, too. Obviously, it should be. It is legal. I don’t think you can carry a weapon openly in certain environments, same as w/ a concealed permit.
I am less certain of the wisdom, if not legality, of a minor carrying a weapon under the same circumstances in which an adult can. A 14 year old walking around town with a rifle is a little scary. Maybe I am missing something. In the woods, hunting, yeah. On a subway, I might avoid the yout.
"The first thing we need to address: This man has a gun," Weiner said. "We're going to pull our guns."
Um, no, it would not be reasonable. And it would be use of excessive force at the least and possibly a felony on the part of the police. Felony? Yup, try assault with a deadly weapon (just pointing a gun at someone is an assault), and there is no applicable privilege or immunity because the person is NOT breaking the law and there is no reasonable cause to believe that he is.
Mr. Weiner is a moron. He needs to either get a clue RIGHT NOW or BE FIRED.
/the foregoing is not legal advice, just my understanding
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