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
Sorry pal, it is you that admittedly, routinely, violates the rights of law abiding citizens...THAT is the behavior deserving of prison...
My reply only suggests that I might push back, or simply let you suffer the consequences of being a thug...
And please dont hurt yourself trying to come up with a cute reply, the written test was obviously a challenge since you cant seem to obey your oath...
LFOD...
In Ohio you can’t carry in a place that serves alcohol, nor can you carry in some other places which includes places that are posted “no guns”
You can carry in a place like Circle-K or the grocery that merely sells alcohol unless the place is posted “no guns” or is serving alcohol, like a grocery that is having a wine tasting.
Well, I got a pretty good laugh out of your original comments myself. Maybe if I use those -LOL- symbols it will help.
He is amusing I’ll grant him that but obnoxious at the same time.
Convinced against his will he is of the same opinion still.
Be safe, be well,
Best regards,
The way I see it, the disingenuous deserve no such courtesy, as they don't practice it themselves.
Many thanks for the clarification, but frankly, the whole thing is absurd on it's face.
No one walks into a cocktail party or restaurant and demands to know everything everyone has said about them at another table.
If I had wanted to "attack" someone behind their back I would have used Freepmail.
It should be noted that dealing with RobertPaulsen can be rocky at best and my comments were quixotically directed by way of a ping to someone who maintains a consistent dialogue with him.
I assumed they were publicly discoverable and would in fact be discovered.
It was not an "attack" it was a statement of fact.
RobertPaulsen is on record in his belief that small children should not have access to weapons.
The fact a DA in Ohio stated in an interview there is nothing illegal about a juvenile of "any age" in possession of a rifle might be enough to give him fits of apoplexy.
Bottom line, there is something fishy about all this, maybe we will learn what it is in the aftertimes.
Best regards,
Your parents should have pointed you toward the Boy Scouts instead of enrolling you in the Hitler Youth. I will never surrender my rights. I don't give a damn if it's an ignorant cop or a corrupt judge. Have a good time schmoozing with the Brady Law crowd in Denver this summer.
Carry open and one will be noticed.
But someone has to be the pioneer and there are folks out there who do carry to be “instructional”.
Saw a guy in the licences bureau open carrying and nobody freaked nor did I notice any strange reactions amongst the couple hundred people in the place (outside Philadelphia).
And those boys down in Virginia are taking some hits but the government there is being educated.
Poor judgement by cops can have dire if not deadly consequences, and usually for public.
Last week at 30th Street Station, here in Philadelphia I saw a man with a gun on the platform. It was concealed and in his wasteband. It just happened to be a very windy day and he turned his back to the wind and he was printing.
Did I feel compelled to panic or intervene? No. He got on my train and went his way, and everyone else went on there way.
There's a mind set among certain gun “lovers” that I don't have. I don't want people to know that I carry, I'm not a show off.
troll: "someone who posts controversial and usually irrelevant or off-topic messages in an online community with the intention of baiting other users into an emotional response or to generally disrupt normal on-topic discussion."
Your posts on this thread took up about 10% of the comments yet you added nothing to the discussion about the subject of the article. What you did post was either off-topic or disruptive. I'd say the word fits you to a tee.
If that's all you're capable of then, yes, get off the thread (or be thrown off). If you want join the conversation, you're more than welcome to post your opinion.
Thanks buc, couldntve said it any better myself...
the 'us vs them' stuff is just getting way outta hand...
LFOD...
Do not confuse open carry in a rural setting with open carry in an urban setting.
Out where the deer and the antelope play a sidearm as well as long arm are useful accouterments for the shot opportunities that arise when confronted with nuisance and in some cases dangerous animals (of the 4 legged kind)
Best regards,
How is this “bashing” LEOs?
I wonder how the law looks at a fully covered holster, like a traditional military or hunting holster with a full coverage leather flap? This could become a trendy place to keep a mulitool or a cell phone....or a pistol. Keep ‘em guessing.
I would suggest both of you drop the whack-a-troll routine. BTW, Copernicus, it is considered proper forum ettiquitte to ping someone when you are mentioning them in a post - especially if you are saying something negative about them.
You must be one of those liberals that feel it is wrong to judge others yet you judge yourself even though you know NOTHING of which you judge.
That’s quite hypicritical on your part and exposes your own lack of maturity not to mention projection.
Noted and archived for future reference. Many thanks for your comments.
Best regards,
Ping for an article of interest!
My 13 year old daughter is a “Master sharp-shooter” recognized by the Junior NRA. She has gone through all the safety classes and procedures. She has proven that she is a responsible enough person to possess and use a gun (rifle). She shoots my Ruger .45, Astra 9mm and .25 semi, and her .22 single shot rifle
My 8 year old son knows how to shoot a .25 semi and a .22 single shot rifle. He’s quite good with them too! He has shot my .45 and 9mm but only with my help as he has Juvenile Rheumatoid arthritis which can affect his hands.
Both of them have gone through the Eddie Eagle program. They know gun safety and have respect for firearms.
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