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Is this a BS charge?


2talltim

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I found out a coworker was arrested recently because he was in a restaurant/bar/pub carrying his firearm, when another patron seen his firearm either through his shirt or maybe it was accidentally exposed. Someone called the cops and the cops showed up and arrested him. It is unknown by me if he was drinking or not, but I'm going to say not because of the only charge was agrivated menancing. http://codes.ohio.gov/orc/2903.21 His CHL has been suspended because of this.

Thoughts on this? His jury trial is scheduled for may 30th.

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Was he asked to leave by management and then refused to do so? I'm betting he has not told you the whole story.

I haven't talked to him, it's all second hand info to me.

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What I hear of happening a lot is hot headed douchebags with an Internet forum law degree arguing when asked to either leave or take their firearm to the car. It's always the same argument too "I can legally carry this gun, I'm not leaving" well maybe you are legal, but once asked to leave and you refuse..... well then you get into trespassing, menancing, inciting a panic ect.

If asked to leave, pay your bill and leave.

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If there was something on the door that said no firearms allowed I could see him with a misdemeanor charge (I believe that is the law), but not seeing the menacing charge here.

The menacing thing seems a little odd. In a perfect situation where he wasn't causing problems, had a CCW, was not asked to leave by the owner, I am going with cop doesn't know the law (not surprising here).

Although, I'd be open to knowing the full story...

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He would have had to do more than we have been told to get aggravated menacing. Carrying in a posted privately owned building won't get you that.

So out of control cop or there is more to the story.

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He would have had to do more than we have been told to get aggravated menacing. Carrying in a posted privately owned building won't get you that.

So out of control cop or there is more to the story.

^^^^^^^

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What I hear of happening a lot is hot headed douchebags with an Internet forum law degree arguing when asked to either leave or take their firearm to the car. It's always the same argument too "I can legally carry this gun, I'm not leaving" well maybe you are legal, but once asked to leave and you refuse..... well then you get into trespassing, menancing, inciting a panic ect.

If asked to leave, pay your bill and leave.

I am with you, if they don't want your money then go somewhere else. The economy still kind of sucks and there are businesses that could use your support

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Yes I did get a little more out of him. And from the sound of it he's lucky that is all he got charged with. Said he was drinking at the bar had already drank two, when he realized he was still carrying. Apparently his girlfriend works behind the bar, and he decided it would be a good idea to hand her his pistol. And somebody seen this exchange and called the police. Apparently she is in more trouble than he is because she doesn't even have a CHL. I didn't think to ask him what she was charged with. So just like we all thought there was more to the story. With that being all he was charged with I don't even know why he's fighting this with a jury trial

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With that being all he was charged with I don't even know why he's fighting this with a jury trial

Because your coworker is fucking idiot. I dont care how comfortable you get with your weapon, there is no excuse for forgetting its on you, and certainly dont hand it off to someone that isnt trained. I changed my whole lifestyle when I started carrying, I completely stopped drinking alcohol because of it. If I know i am going to be drinking I dont even carry, course that all stops now that my wife will have hers.

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Still not seeing the menacing charge here...

Yea, idiot part aside and should he go to jail aside...I would fight that charge also. He is not guilty of that charge, assuming we now have all the facts. Sounds like the cops didn't know what to charge him with. I would bet the prosecutor looks at it and changes the charges to carrying while under the influence.

Feel bad for the girl, she tried to do the right thing and now she is going to be a felon.

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Man, this is why I miss living in WV....when I lived there we didn't have any laws forbidding having a drink in a bar while carrying. My typical hangout - if and when I went out - was a pool hall in South Charleston with a friend from the WVCDL who also carried.

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Without all the facts, no one can answer this question.

If he was charged with crimes the facts don't support, then he has nothing to worry about. What the police tell you you're charged with is more of a suggestion to the prosecutor. The cop isn't the one who has to tr the case.

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If she's smart she'll get a good lawyer who will plead to a much lesser charge. They'll tell a story about acting to reduce the risk of her friend carrying while impaired and being unaware of the details of concealed carry law because she's not a holder herself. If brought to jurors, I bet they'll agree that she was acting as a samaritan.

There could be much more to the story of course, but if I were in her shoes, that's the key angle I'd take and try to get off on a civil charge and fine at worst.

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