New Laws for Ohioans March 23

[wht_scorpion]

Link Removed

 

[NavyLCDR]

Ohio law still makes it a crime for a licensed person in legal possession of a concealed handgun to not inform a police officer that they are legally carrying a concealed handgun - a law that can make a criminal out of only those who have jumped through the hoops to obtain the license and legally conceal the handgun but has absolutely no affect on those illegally concealing the gun. While Ohio is moving in the right direction - this still proves that gun control laws only hinder law abiding citizens and do very little to actually stop crime.

 

[BC1]

Ohio law still makes it a crime for a licensed person in legal possession of a concealed handgun to not inform a police officer that they are legally carrying a concealed handgun - a law that can make a criminal out of only those who have jumped through the hoops to obtain the license and legally conceal the handgun but has absolutely no affect on those illegally concealing the gun. While Ohio is moving in the right direction - this still proves that gun control laws only hinder law abiding citizens and do very little to actually stop crime.

Can you imagine? Some people get very nervous when stopped by police. It's conceivable that they could simply forget to inform.
.
Hey, isn't that Al Sharpton going in the white house again without paying his $5.5 million in back taxes? Gee, he's not getting in any trouble is he? Crazy frigging country we're living in.

 

[SR9]

Going through Ohio on or about April 1st. and back again around April 14-15th. Good to know. I have 2 C/C permits.

 

[rickohio]

Ohio requires informing when encountering police for a law enforcement purpose. Ohio is a gun friendly State in my opinion.

 

[johnJasonChun.com]

Same Ccw law in California! Disclose 100% is part of the law & terms of Ccw!

Sent from my SM-G386T1

 

[johnJasonChun.com]

California 38 million population! 45,000 ccw! Liberal loonies state of over tax & over regulate! 400-500++ new laws a year in California! Sucks hua?

Sent from my SM-G386T1

 

[Kelly Crisp Brock]

I did what I thought was right and ended up in jail!

Ohio requires informing when encountering police for a law enforcement purpose. Ohio is a gun friendly State in my opinion.

Ohio requires informing when encountering police for a law enforcement purpose. Ohio is a gun friendly State in my opinion.

Ohio requires informing when encountering police for a law enforcement purpose. Ohio is a gun friendly State in my opinion.

Ohio requires informing when encountering police for a law enforcement purpose. Ohio is a gun friendly State in my opinion.

I would like to agree with you. However, I live in Florida and was visiting Ohio. One evening we all went out, and my daughter and I were arguing, so to keep it from escalating I got out of the car, in a fairly bad neighborhood ( Canton, if anyone is familiar), and decided to walk. When I got out, I got my gun from under the seat and put it into my purse. I walked for quite a while and quite a few miles, when a cop seen me on the phone with my best friend, crying, while I was walking. He stopped me, which was fine and I was actually almost grateful for, even though I was almost to my destination by then. However, he accused me of being intoxicated and gave me 3 choices 1.) I could go back with him and press charges on my daughter, 2.) call a cab ( but I had no money), or 3 go to jail. I got off of the phone with my friend, and explained the entire situation to him, he was set on taking me to jail, and even hung up on my boyfriend who happened to call looking for me when he asked if he could just pick me up. Anyhow, I did as I was taught to do when getting my CCW. I put my hands up, and told the officer I had my gun and CCW in my purse. He immediately grabbed my purse, threw me on the trunk in handcuffs and told me I was going to jail for a felony 5. Once at the station ( in North Canton...small place with the Mayor upstairs), he realized I was legal, but he decided to charge me with using a weapon while under he influence anyhow. I even blew when he first picked me up, and it was only .06, which is less than driving. I also requested to do a sobriety test, which he refused. After he was done booking me in at the North Canton PD, I was taken t the Stark County Jail, and didn't even know what my charges were! I paid almost $300.00 bail, had to go to court to plea not guilty, and then sleep in my car for days, stuck in Ohio, after driving our daughter to North Carolina so that she wouldn't have to go through all of it as well, all because of these ridiculous charges. I am not employed right now due to illness, and was able to get a Public Defender to represent me, and to go to the pre-trial and so forth for me, but so far the Prosecutor has not been willing to drop the charges or even agree to a lesser charge of disorderly, which is what the PD wants me to do, and I agreed to, even though I think it's wrong ( I feel like I am being blackmailed...I have to pay something regardless, lose my gun, pay court cost and lose bail ). I don't want to even agree to a disorderly, I wasn't i disorderly in any way! The best part is, I tried and tried to get copies of the report and video, from the N. Canton PD, and was refused repeatedly. Well, today I got a call from my Public Defender, and he received the video and the reports, finally! The funny ( not really) thing is, nothing was recorded until he read me my rights. How convenient! Everything from when he stopped me, until he read me my rights, and at which time I stopped talking, is gone or as they claim " was never recorded". So, basically, I got screwed for doing what I was supposed to be doing, notifying the officer that I was carrying. Now, I may have to find a way back to Ohio to go to trial according to my attorney, and if I don't then I will have a warrant for my arrest, and to top it off, I can't even get my gun back until I compete all this BS. You know what the real kicker is? Not only can I not afford to go back, I also can't afford an attorney, therefore Ohio, specifically the people of Canton's tax dollars are going to defend me from a charge, which in my opinion, never should have even happened. Does anyone have any idea what is considered as being "under the influence", there is no specification in the Ohio Statute? And, also, anyone know anything about a legal seizer of a gun, if you have your legal CCW and are not committing a crime? According to the police officer, I was guilty of being out at 3.30 am, and walking while crying . That of course, is reason enough for them to stop me, but I would think that as an officer who claimed to be, "concerned about my well being" , he would have offered other alternatives to help me, rather than making things worse, wouldn't you? As he was booking me, he also seemed quite surprised to see I've never had any drug or alcohol related arrests, nothing more than a argument between my sister and I years ago, which, I was found guilty of disorderly conduct for. I would love to hear any opinions regarding this, I'm both devastated and at a loss.....just unbelievable!

 

[NavyLCDR]

( Canton, if anyone is familiar)

Most of us are familiar with Canton, Ohio:
Canton officer Daniel Harless resigns in settlement with city - News - The Repository - Canton, OH

Link Removed

 

[Kelly Crisp Brock]

Yeah, unfortunately, they don't have the greatest record. It was a lot better when I was growing up there, I can't believe how bad it's become!

What happened to me was actually just outside of Canton, in North Canton. North Canton is a place you expect to feel safe...joke was on me, I was safe walking through all the craziness, and as soon as, I got right to the line where 3 areas met I was stopped and arrested, not so safe as far as your civil rights are involved anyhow. All three are also known for pulling cars over for DUI, 5 miles over the speed limit, etc. I'm sure you get it, small towns that count on their traffic stops for funding.

BTW I love your tagline

 

[Kelly Crisp Brock]

As I read this article, even though I have seen it before online, I can't help but to think how similar his case is with what happened to me in N. Canton. Unfortunately, when my Attorney got the video, conveniently, they only had video starting from when he read me my rights. So, nothing from him stopping me, or me telling him I had my CCW was recorded. So frustrating!

What really burns by buns is the fact that I have always advocated for the Police, I always try to explain their side to people who "don't seem to understand" what they go through. But, to be honest, after this, I'm not really sure what to think or how to feel. The officer who arrested me's own sergeant said " he is new and quite jumpy". That says a lot! Not to mention this cops claim to fame is "most DUI convictions", so I think he just saw me walking, assumed I must be drunk to be out at that time of the morning, and was SURE he had me on at least public intoxication. He seemed very disappointed when he realized I had no history of anything drug or alcohol related.

Thank you for taking the time to read my long, drawn out comment by the way...lol

 

[rt48]

Unfortunately, Ohio has no legal definition of "intoxicated" except when operating a motor vehicle. The .06 you blew proves you were drinking and if the officer testifies that you appeared "intoxicated", that might be enough to convince a judge or jury.

I see your previous case of disorderly conduct was originally a charge of domestic violence. I'm no expert in the Lautenberg Amendment but it raises a question in my mind whether you can even legally own a firearm.

 

[Kelly Crisp Brock]

It really is unfortunate, there should be some standard that the court has to follow, otherwise anyone, anywhere can be arrested just because an officer "says" someone appears intoxicated or under the influence. Where is the fairness or judicial process in that? I see it as a catch all, which by the way, has been on the books with no amendment since 1974.

You are correct, basically, the elements have been met:
1) he had a duty to stop and see if I was okay ( however he did not have a duty to arrest me)
2) I willing blew because I knew I wasn't intoxicated, and that was only after I had already told him about my gun, ( and even though I blew beneath the legal driving limit of .08, it does show that I had drank at some point, or taken a big dose of Benadryl) and
3) I did have a firearm in my possession, which I told him I had, and if I had not told him, I would have then been breaking another law of not revealing that information ( never mind that he would have never even known I had it, if I had not told him. But I did, because it was what I was taught to do).

So, yes I will probably be found guilty of something I didn't even realize existed. But, at the same time, I was in control enough of myself that I thought about the fact that I would be walking in a bad area, so I got my gun out of the car and put it into my purse, was of the sound mind to tell the officer I had it, and didn't try to argue, run, or cause any problem with the officer at all. And, I even asked to do a sobriety test to show him that I was "upset not intoxicate", but he refused my request.

So, in my opinion, at the very least I was seized ( arrested) without a good reason, as I was unable without good cause to be free to walk away. He gave me 3 choices, 1 go to where my daughter and I argued and press charges ( which made no sense) 2, call a taxi or 3 be arrested ( or taken to the police department,for what exactly I don't even know) I assured him I didn't have far to go, however he refused to let me walk or even call someone for a ride. Heck he hung up on my boyfriend when he was on his way to give me a ride. And, he never even asked me if I had a weapon or mentioned frisking me for any suspicion. I volunteered that I had my firearm in my purse. It was at that time I was handcuffed, made to blow and taken to the police department.

According to the US Constitution, 4th Amendment Link Removed

"The Fourth Amendment protects people,
not places, and wherever an individual may harbor
a reasonable ″expectation of privacy,″ he
is entitled to be free from unreasonable governmental
intrusion. The specific content and incidents
of this right must be shaped by the context
in which it is asserted. For what the
Constitution forbids is not all searches and seizures,
but unreasonable searches and seizures.

The Fourth Amendment governs ″seizures″
of the person which do not eventuate in
a trip to the station house and prosecution
for crime -- ″arrests″ in traditional terminology.
Whenever a police officer accosts an individual
and restrains his freedom to walk away,
he has ″seized″ that person. It is a serious intrusion
upon the sanctity of the person, whichmay inflict great indignity and arouse strong
resentment, and it is not to be undertaken
lightly."

What really bother me here, and not only for my own good, but for the people as a whole, is that anyone can decide my ability to walk through a bad area, at night, alone and not be capable of carrying my legal gun , which was in my own purse, while just walking down the street upset. In that case, any officer can arrest anyone under this law, and there is no defense. You are forced to either not go to court and have a warrant for your arrest issued, or plea to a lessor charge, which is what his Sergeant recommended, because he said that way "it won't affect my weapon in any way and I can have it expunged pretty easily". Well, that's all great and wonderful, but I'm still out the time I was in jail, the embarrassment, bail money, court costs, the loss of my legal protection under the 4th amendment, having a charge on my record, regardless of what it is, the cost of having to have it expunged, the ability to be able to sufficiently defend myself because I live 1500 miles away and can't afford to go back and forth to Ohio, and the loss of my legally purchased firearm. To me, all of this is a clear violation of my, and anyone else ever convicted under this laws, civil liberties. Don't you agree?

Regarding your comment of whether I am legal to possess my CCW, allow me to explain. When I got my CCW, I had to get proof from Ohio and the NCIS, saying that I was only guilty of disorderly and that the domestic wasn't a concern, it took me months. Also it was in 2001, and my sister and I had long since made up. No one was hurt, other than feelings of course, and it was a highly emotional time, as it was regarding my mother's health and care, whom I had been taking care of since my father passed in 1993. So, both of our emotions were out of control, and we quickly made up, as siblings do.

So, I already went through all of that fun Not, to mention, at least in Florida there is a clause of some sort that allows certain people to get their CCW after a certain amount of time, and if their voting rights are restored.

posted from Statutes & Constitution :View Statutes : Online Sunshine

Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

(l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
(m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

Even more than the fact that this happened to me, I fear what this kind of arrest can mean to everyone.

 

[SR9]

Sounds like someone needs to get their life in order. Fighting with kids, drinking, getting picked up while walking in a dangerous neighborhood. Wow!
Does the word dysfunctional ring a bell? I'm jus sayin'..........

 

[Kelly Crisp Brock]

Sounds like someone needs to get their life in order. Fighting with kids, drinking, getting picked up while walking in a dangerous neighborhood. Wow!
Does the word dysfunctional ring a bell? I'm jus sayin'..........

Are you Serious??? You are either dysfunctional yourself, or just a pompous judgmental person. You know enough about me to make such an assertion from 1 simple situation, I am truly impressed!

Let's start with drinking- I had three drinks from 9 pm until 1.30 am when we left, at an adult establishment, while out with family. I wasn't drunk by any means, but that's not to say my daughter, who is 26 by the way wasn't. I doubt that lowing a .06 would even be equal to an entire drink.

And, I do believe it still isn't against the law to have a drink or two...I think if I had a problem of some sort with drinking, or any other drug for that matter, I should at the very least have a OVi or other alcohol related charge, don't you think? I suppose you are anti drinking? Or do you have an occasional drink, and are simply a hypocrite?

Secondly- Fighting with kids...these "kids" you speak of are adults, one is 26 and the other 25, so that is a bit different than "fighting with kids". I have four grown children and 9 grandchildren, I got out because I am beyond fighting with drunk people, because you can't reason with them no matter how you might try.

And, as far as walking in a bad neighborhood...well, sometimes life hands you lemons, so you make lemonade. In my opinion, it was better than dealing with two young drunk girls, who wanted to fight with everyone. I guess it would have been better to stay in the car and take the abuse.....not!!

Did I say it was a smart thing to do? no! But, giving my options, I think it was the right thing to do.

Dysfunctional, maybe, but that can mean different things to different people,. For arguments sake, lets say I am, but not so much so that I didn't do what not only I, but many others, would consider a smart thing to do at that moment.

I'm so dysfunctional that I am starting my own business,college educated, raised 4 children, owe no bills, have no real criminal history ( other than an argument with my sister), and have not had so much as a speeding ticket in the past 15 years.

Putting all of that aside, what does that even have to do with what the officer did? Or my situation? or my rights being violated? Even "dysfunctional" people have rights, do they not? Do you have any other opinion, rather than judgment to offer?

Just saying...

 

[NavyLCDR]

just a pompous judgmental person.

+1