False Imprisonment Suit Filed for Open Carry In Ohio, Government Seeks Dismissal

[OCCI]

Fallsnewspress.com - City seeks dismissal of civil rights complaint

Ohio Concealed Carry supports Ohio's open carry laws. We have placed a link to the news article on our facebook page .http://www.facebook.com/pages/Ohio-Concealed-Carry-Institute/196309637060444

We dont outlaw spiders because the bugs are scared of them. So shall it be that we should not invade the freedom of a person to open carry simply because a few are fearful (including our police), no matter what arm it is.

"Two officers "approached the man, [later identified as Butcher] and were able to prone him out without incident," the police report says. Butcher had an unloaded AK-47 as well as a loaded handgun on his hip which were "plainly visible," the report said.

Butcher states in his complaint he did it "in order to educate the public to the right to 'open carry' firearms in Ohio."
-aaron

 

[NavyLCDR]

I wonder why the AK-47 was unloaded?!? I carry for protection of myself and those others I choose to protect against violent crime, which pretty much precludes me from carrying unloaded firearms (excluding going to/from the gun range, obviously... but those guns are in the back of my car at those times.)

I open carry because I have determined for myself that is the most effective means of deterring criminal activity and an added benefit to that is that it provides the general public with an image of a normal American doing normal American activities with the means available at hand to protect himself, which should be normal for Americans to do.

I wonder if the police are going to stop people in McDonald's who have children with them and detain them for 35 minutes until they determine that the children with them are actually theirs and the adults are not kidnappers?

 

[Oldgrunt]

This brings back memories of the open carrier in Cleveland Heights, Ohio. Seems like Ohio law enforcement personnel do not communicate. Maybe after enough lawsuits, they will get the message.

 

[FloridaBlue]

Link isn't working for me but I believe I read this story elsewhere, I also wonder why he didn't have the AK loaded as he was well within his rights to do so.

 

[OCCI]

Fixed the facebook link. The article is coming up for me.

 

[OCCI]

He is still awaiting a decision from the judge on a motion of some sort.

 

[rifleshooter474]

I don't think his case is going any where. I wish I had been let go last year on July 16th 2010, took me a year over $2,500 in Attorney fee's a full jury trial eleven Months later, and found not guilty of pointing a firearm at a person. You really have to be careful who see's your firearms in public.

 

[retiredman]

Think about it!

The whole open carry issue with police is not about fear from them! they have lots of fire power.

It is a control issue. Do as we say not as we do.

Open carry doen't matter to me. My state says no, and no exceptions to any visibilty of any firearm on a person, unless you have a uniform that says I am in control.

Don't get me wrong we need police out there to pick up the pieces left over from incidents.

We don't need people to tell us our rights that wear uniforms, because most of them don't know them their-selves.

What we need is those in uniforms to do the job they are hired to

Citizens are not all stupid, however not all are smart either.

Get a cop with a bad hair day and they will do everything they can to get rid of their problems on you.

That's my opinion

 

[rifleshooter474]

Think about it!

The whole open carry issue with police is not about fear from them! they have lots of fire power.

It is a control issue. Do as we say not as we do.

Open carry doen't matter to me. My state says no, and no exceptions to any visibilty of any firearm on a person, unless you have a uniform that says I am in control.

Don't get me wrong we need police out there to pick up the pieces left over from incidents.

We don't need people to tell us our rights that wear uniforms, because most of them don't know them their-selves.

What we need is those in uniforms to do the job they are hired to

Citizens are not all stupid, however not all are smart either.

Get a cop with a bad hair day and they will do everything they can to get rid of their problems on you.

That's my opinion

I sure can tell you about a cop just wishing to get someone to jail, and just because someone (me) had a CCW and had a handgun are arrested and hauled off to jail.
No questions were asked or was I given a chance to give my side of the story, I was just told I could tell my side to the Judge.
When they see a handgun they know they have a chance to get someone arrested.
Trust me after a full jury trial I know a little about this item.

Now it's my turn and I filed a malicious prosecution suite against this guy Steven Jay Sockey and it's his turn to pay his Attorney to defend him.

 

[golddigger14s]

I'm all in favor of OC, but even I think carrying an AK even if unloaded around is a bit excessive. If people
ask me questions about OC I'll be happy to answer them, but I won't shove it in their face "to educate the
public".

 

[OCCI]

Neither did he shove anything in anyones face ... and was even let go as no crime was commited.

 

[OCCI]

I agree with open carry. But there is better ways to excercise your rights. Im sorry that just plain stupid to exercise your rights with a ak 47 . How about a peaceful protest with friends. you can get more accomplished. But your stupid ass want to get arrested to exercise your rights. Not to smart.

He wasnt arrested. He was detained held against his will and let go, because he wasnt doing anything illegal.

 

[NavyLCDR]

I agree with open carry. But there is better ways to excercise your rights. Im sorry that just plain stupid to exercise your rights with a ak 47 . How about a peaceful protest with friends. you can get more accomplished. But your stupid ass want to get arrested to exercise your rights. Not to smart.

Rosa Parks made a lot of progress for racial equality. She did basically the same thing...

 

[santa]

People have to be educated. Carrying a gun IS NOT EVIL. While I would not have chosen an AK and in my opinion it was not the best choice to carry the AK he was within his rights. Mabye he could or should have chosen something other than an AK but he was within his rights. The open carry of a handgun was as I understand the state law perfectly legal. For the police or any leo to harass, threaten, force to lay prone is nothing less than bully tatics by some leo who are on a power trip. By their actions they give the public the wrong idea about carrying guns, on purpose I believe. To be detained and treated the way he was is wrong, period. I believe there was a SCOTUS ruling that if legal the mere carrying of a firearm is not sufficiant cause to stop any citizen. Hey NavyLCDR perhaps you know about that ruling? Many(not all) leo have a resentment against citizens carrying guns. To be acosted and treated this was is no better than Nazi Germany and gives a bad reputation to the many good leo who put their lives on the line every day. Just my 25cents worth(inflation, used to be 2 cents)

 

[whitetiger]

in wisconson as the ccw law here takes effect Nov1, we can' carry yet, but my understanding is it will not let me carry a ak47 around, open or concealed just a handgun. longguns must be cased. Thats the law.
If when I carry and a cop stops me I will inform him I have a concealed carry permitt and I am armed now.
If he wants to take it it till I am cleared I don't care, when we are done I get it back. if I get a ticket well if i deserve it ok if not i go to traffic court and tell my side of it. If the cop abuses me verbaly or used force on me I will make a complaint and sue him. I think by the people i see here there are normal people who know when a cop is out of line. like the canton ohio cop well the victim of that nut is going have a field day on him in court. and he better be charged with a crime or we should march in canton with signs and demand that he be charged. The police can check me anytime up to the point it become unreasonable. then I will take them to court cause thats where you fight criminals with badges or not. I am a american citizen i swore to defend the consistution and to defend it from all Badguys from here and overseas.
So as long as the police are pros I don't care. checking me out is fine, I hopes it a female cop
ya know they have handcuffs!!

 

[rifleshooter474]

in wisconson as the ccw law here takes effect Nov1, we can' carry yet, but my understanding is it will not let me carry a ak47 around, open or concealed just a handgun. longguns must be cased. Thats the law.
If when I carry and a cop stops me I will inform him I have a concealed carry permitt and I am armed now.
If he wants to take it it till I am cleared I don't care, when we are done I get it back. if I get a ticket well if i deserve it ok if not i go to traffic court and tell my side of it. If the cop abuses me verbaly or used force on me I will make a complaint and sue him. I think by the people i see here there are normal people who know when a cop is out of line. like the canton ohio cop well the victim of that nut is going have a field day on him in court. and he better be charged with a crime or we should march in canton with signs and demand that he be charged. The police can check me anytime up to the point it become unreasonable. then I will take them to court cause thats where you fight criminals with badges or not. I am a american citizen i swore to defend the consistution and to defend it from all Badguys from here and overseas.
So as long as the police are pros I don't care. checking me out is fine, I hopes it a female cop


ya know they have handcuffs!!

It's not the cops you have to really worry about, it's the person who might see your weapon and then say you pointed it at them.
Trust me on this as I was accused of this here in Tulsa,Oklahoma last year and was arrested taken to jail, had to be bonded out hire and Attorney and spent 11 Months going slowly through the Oklahoma Court Justice system.
Had a full jury trial and found not guilty.
Still it cost me over $3,000 and a lot of sleepless nights.
You have to be damn careful who sees your carry.

 

[OCCI]

On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."

Link Removed