Bad Encounter in Ohio

[Axeanda45]

Had a deputy sheriff try to make me cover my weapon..... I refused.

Short version: after eating inside McDonalds while open-carrying (no-one said anything, done it many times prior this McD's) I walked across the street to get something there, and when I came back to my vehicle I was asked why I was carrying a gun.

sheriffencounter.mp3 (551kb)

Listen to the recording for further info. It has been edited to remove personal info somewhat, and for empty spaces and such.

BTW, I have pictures I took immediately following this encounter of both entrance doors, they are NOT POSTED!

I will be talking to the Sheriff tomorrow if possible. As you can tell if you listen to the audio, I REFUSE to back down and/or be intimidated by a thug with a badge.

 

[no1atall]

Bro I dont know who is right and who is wrong because I don't live there but I do think that the officer, even if he was wrong, wasn't acting like a thug. If he was a thug and he thought he was right in saying that you couldnt go into a business like that uncovered, he would have cited you, or worse. Nope, I dont think he was acting like a thug according to what I heard. Just go talk to the Sheriff, ask him and if he agrees with you tell him of the encounter and explain it. Be nice......... Really that does work sometimes.

JMO

 

[.45acp]

Compared to some encounters this LEO was civilized and professional throughout, and did not rise to your bait. Where the line is drawn is his opionion vs. the law. I also think that you could have handled asserting your rights little more calmly and with less of a confornational manor.

Was Micky D's posted on the other door as the LEO stated.

Good on ya for asserting your rights, I would work on the delivery. Just my opinion.

Steve

 

[Ropadope]

That's one big penis right there.

I have yet to see a Micky D's with any signs anywhere, in any state.

1. Carry openly your (name your gun) = $450-$2500

2. Open carry holster by Kramer leather= $229

3. Comptac mag carriers= $75

4. Speer Gold dot Ammunition= $45

5. Standing your ground under lawful open carry while being harrassed by a thug cop......................................................


"Don't go tellin people your opinion instead of the law".......................priceless !!!

 

[Boomboy007]

You do us proud, Axe!

"Why are you carrying a gun?"

"Because I want to."

I was rolling on the floor. Ask a stupid question, get an honest answer. As a former LEO, let me assure you guys that the officer was bluffing, and was disturbed that Axeanda45 called his bluff. My favorite? "Not at McDonald's!"

HAHAHAHAHA! :laugh:

Unless McD's went and got some of that bailout money that made the government majority owner of the company (too fat to fail?), as far as I know McDonald's is not subject to the federal no carry statutes.

The only audio I could get ended when the officer asked for your driver's license, so forgive me if I missed some. For those who haven't figured it out, he ran the I.D. so that he would have time to look up the pertinent statute (and discover his mistake). Had he even suspected that he was correct, Axe would have been arrested. Period.

"It's posted on the other side!" :wacko:

What a foolish statement. We ALL know that every entrance has to be posted, and I believe Axe when he says that it was not. I have never seen a McDonalds that was posted; have you?

 

[mpohio]

I just completed my conceal carry class, in Central Ohio, and they(current and retired cop) addressed open carry. It is 100% legal, but they warned it only takes one "A-hole" to complain and then you can be charged with a number of charges including inducing panic, disturbing the peace and I can't remember the other two they cited. These cops were really cool and they knew and supported the law. but They said although you'll most likely win the court case, it will cost you. Their take was "out of site, out of mind" was better.

They also addressed the issues of signs not allowing firearms. It needs to be in open plain sight on all entrances. It can't be stuck in the middle of 10 other signs, so like the OP take pictures if an incident arises as it might save your butt in court!!

 

[Axeanda45]

You need to remember who told you that open carry will get you charged with "disturbing the peace" and "inducing panic"........... They are cops, and the courts have upheld that they are allowed to lie to you anytime they want with impunity...... it is a bs charge and they know it, it is a scare tactic they used on you to keep you from open carrying.

 

[Axeanda45]

Update 8/20/10 I went to the Sheriff's office, got nowhere (got an attitude with me), next to City Police dept, they were polite but didnt remember any calls on that end of town and time, suggested I go to the 911 dispatch center and they would be able to tell me. That was already my next stop anyways, had a pleasant experience there and should have all requested info by early next week, will update more then.

 

[.45acp]

Update 8/20/10 I went to the Sheriff's office, got nowhere (got an attitude with me), next to City Police dept, they were polite but didnt remember any calls on that end of town and time, suggested I go to the 911 dispatch center and they would be able to tell me. That was already my next stop anyways, had a pleasant experience there and should have all requested info by early next week, will update more then.

If you want to get to the bottom of the story, file a complaint. If you have a buddy that is a lawyer, that would greatly expedite the process.

Good luck and keep us posted.

Steve

 

[Treo]

Treo’s first rule of police interactions: If you speak to a cop long enough you will say something they can use against you.
Instead of arguing w/ the cop as soon as he started telling you it was illegal to carry at McD's the next words out of your mouth should have been Officer are you detaining me? "Am I free to go?"

 

[Krazyzigzagger]

McDonald's

There is a McDonald's and a BP convenience store that share a building close to where I live. There is no interior door seperating the two stores. The BP door has a sign, the McDonald's door does not.

Guess which door I use?

 

[TnGW1500se]

I would have covered it up (as asked) then got the officers badge number and followed up the next day wit his supervisor. No reason to get in a pissin' match with an officer.

 

[Ed Hamberger]

I would have covered it up (as asked) then got the officers badge number and followed up the next day wit his supervisor. No reason to get in a pissin' match with an officer.

I hate to say it Axe, but I agree with TnGW1500se 100%, you were wrong to have argued with him over something that silly! Open Carry is "supposed" to be legal in North Carolina also, but I know several LEO's and they will all tell you if someone complains, they've got to investigate. That is exactly what happened to you!:no:

 

[NavyLCDR]

I would have covered it up (as asked) then got the officers badge number and followed up the next day wit his supervisor. No reason to get in a pissin' match with an officer.

I hate to say it Axe, but I agree with TnGW1500se 100%, you were wrong to have argued with him over something that silly! Open Carry is "supposed" to be legal in North Carolina also, but I know several LEO's and they will all tell you if someone complains, they've got to investigate. That is exactly what happened to you!:no:

I am sorry, but I have to disagree. It's not arguing with a cop over something silly. It is preventing a cop from restricting a private citizen's rights based upon that cop's opinions and/or desires expressed under color of law. It boils down to an abuse of authority. Accepting such abuse of authority, even temporarily, is unacceptable in America.

In America, we cannot allow cops to push around law abiding citizens at their whim. What if the cop did not like the fact that a person was not caucasian? Would that be OK? What if the cop didn't like it if the person was Christian and wearing a big, fat cross necklace? Would that be OK? A gun is no different than a big, fat cross necklace.... both a perfectly legal items to wear, both are Constitutionally protected, and to say a person should just comply and follow up later goes against my oath (and I understand many don't take the oath):

to support and defend the Constitution of the United States against all enemies, foreign and domestic

and it should be against every American's duty as well.

 

[Axeanda45]

Thank You NavyLT,

You said it much better and more civil than I wanted to..............


To those other 2 that you answered: You both either didnt listen to the audio, didnt understand it, or have absolutely NO CLUE what our rights are!

I did NOT argue with a cop/police officer, I refused to be bullied/pushed around by a thug who thinks he can do/say whatever he wants because he has a badge......

If you listen to the entire audio, he actually admits on it that he KNOWS that open carry is legal. He also knowingly LIED 100% that McDonalds is posted, and he did it on purpose just to try to intimidate me. I called him on it in front of witnesses, and he left, without giving me any warnings or anything.....! What does that tell you about whether or not he was acting within his actual authority???

 

[TnGW1500se]

Thank You NavyLT,

You said it much better and more civil than I wanted to..............


To those other 2 that you answered: You both either didnt listen to the audio, didnt understand it, or have absolutely NO CLUE what our rights are!

I did NOT argue with a cop/police officer, I refused to be bullied/pushed around by a thug who thinks he can do/say whatever he wants because he has a badge......

If you listen to the entire audio, he actually admits on it that he KNOWS that open carry is legal. He also knowingly LIED 100% that McDonalds is posted, and he did it on purpose just to try to intimidate me. I called him on it in front of witnesses, and he left, without giving me any warnings or anything.....! What does that tell you about whether or not he was acting within his actual authority???

I'm not saying ignore the issue. I just think it could have not been escalated and handled in the morning.

 

[handgonnetoter]

I know some guys love it, and I really do support it, but I feel I would have to have a definate reason to carry out in the open myself. There seems to be so much in the way of loopholes in the laws that you may get by numbers one thru nine, just to get tripped up on number 10, and I damned sure don't want to give the state any reason to confiscate my firearm. Two thumbs way up for you guys with the b_ _ls to OC, but I will have to just keep on humbly carrying concealed.

 

[yale]

This may be true in some states but here in Louisiana, Open Carry does not meet the legal requirements to have one charged with Disturbing the Peace. You can be arrested for anything, sure but it would be an illegal arrest. OCers have sued and won for arrests like this.

I just completed my conceal carry class, in Central Ohio, and they(current and retired cop) addressed open carry. It is 100% legal, but they warned it only takes one "A-hole" to complain and then you can be charged with a number of charges including inducing panic, disturbing the peace and I can't remember the other two they cited. These cops were really cool and they knew and supported the law. but They said although you'll most likely win the court case, it will cost you. Their take was "out of site, out of mind" was better.

They also addressed the issues of signs not allowing firearms. It needs to be in open plain sight on all entrances. It can't be stuck in the middle of 10 other signs, so like the OP take pictures if an incident arises as it might save your butt in court!!

Steve
Secretary/Founding member
Louisiana Open Carry Awareness League
www.laopencarry.org

 

[Axeanda45]

No news/info yet from the 911 center, and I will be out of town for a few days.....

 

[hollie1]

I think you were right to stand your ground! I did listen to the tape more than once!
Open carry is allowed in TN. also! My husband makes no effort to totally conceal his weapon but he don't out & out carry completely open either!
We've been in places & have raised more than an eyebrows or two & gotten some looks from the law also! So far we've never been approached. I'm sure we will sooner or later run in to a know it all young rookie or an older one who thinks hes the LAW!!
Its no surprise you've not found any help with the so called Higher Ups! Hope you can get the 911 call!
Has others have posted keep at it & keep us in the loop!