Jump to content

CCW encounter with cops....


Putty
 Share

Recommended Posts

  • Replies 73
  • Created
  • Last Reply

Top Posters In This Topic

I understand his fight, but I think I would have just shown the ID and been done with it. This seems like fuel for morons and problems for cops.

 

+1

 

There are numerous individuals who wish to take the law to the nth degree, drag a camera out, hoping for an encounter. Just makes the sane gun owners look bad and they group us all together....

 

The guy wasn't trying to tackle him and say that he couldn't carry it. He wanted to get his ID, (which I don't really have a problem with). That cop will forever have a bad taste in his mouth tough, and this is one of those things that helps build that "Them VS Us" attitude which helps nobody.

Link to comment
Share on other sites

+1

 

There are numerous individuals who wish to take the law to the nth degree, drag a camera out, hoping for an encounter. Just makes the sane gun owners look bad and they group us all together....

 

The guy wasn't trying to tackle him and say that he couldn't carry it. He wanted to get his ID, (which I don't really have a problem with). That cop will forever have a bad taste in his mouth tough, and this is one of those things that helps build that "Them VS Us" attitude which helps nobody.

 

Agreed. I appreciate the fact that the guy seems to know his case law, but he was obviously looking for a confrontation, and found it. He leaves the scene looking like a douche bag. And the cop now probably hates all people who choose to open carry. A better solution probably would have been to cooperate for the sake of cooperation (right or wrong) and then used it as an educational session for the cop. Would have gone over much more smoothly IMO.

Link to comment
Share on other sites

Here's all I heard:

 

Cop - "I'm responding to numerous calls and would like to maintain control of your gun for my own safety."

 

Guy - "I'm a dick, don't touch my shit."

 

Cop - "Ok, I'm just..."

 

Guy interrupts - "I'm a dick, you pointed that at me. I'm a dick."

 

Cop - "Ok, I'm just..."

 

Guy interrupts - "I'm a dick, you picked the wrong dick to fuck with. Please, allow me to condescendingly tell you all about my rights. I'm a dick."

Link to comment
Share on other sites

open carry = you can still be arrested for educing panic... it will most likely be tossed out in court. however it is a good arrest.

 

Huh? That's like saying you could be arrested for walking down the street dressed as a clown, carrying a bundle of balloons, because a good number of people are scared of clowns and/or balloons.

 

You might get arrested, but it would be a wrongful arrest.

Link to comment
Share on other sites

The cops had the right to arrest him for inducing panic. even though he would not likely be convicted of it in court.

 

That depends entirely on state law and the current attorney general of a given state. In short, you're wrong. For a longer response, I'll let Austin go to town. I would advise against making generalizations like that as they are often incorrect.

Link to comment
Share on other sites

open carry = you can still be arrested for educing panic... it will most likely be tossed out in court. however it is a good arrest.

 

Actually...if you have the firearm properly holstered you cannot be charged for that.

 

Ill link you the ORC when I get home.

 

ORC 9.68....look it up

Link to comment
Share on other sites

2917.31 Inducing panic.

 

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm

 

If people are getting scared because he is walking around with a gun it IS a justifiable arrest.

Link to comment
Share on other sites

To my knowledge in order to be arrested for inducing a panic you have to be breaking a law first.

 

In Ohio there are three things which can get you that charge:

 

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

 

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

 

(2) Threatening to commit any offense of violence;

 

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

 

Keep in mind, open carry is not specifically provided for in Ohio law.

Link to comment
Share on other sites

2917.31 Inducing panic.

 

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm

 

If people are getting scared because he is walking around with a gun it IS a justifiable arrest.

 

Maybe cite the rest of the code. After all, the next part is what actually makes the law do something. :dumb: Creative editing simply doesn't work with legal matters.

Link to comment
Share on other sites

Actually Ohio is getting better at not responding to "man with gun" calls and asking more questions such as, "what is he doing with the gun?" Then responding with, "people are allowed to have guns here."

 

Also inducing panic can be charged, but it takes a lot more than having a gun and one or two concerned citizens to make it stick.

Link to comment
Share on other sites

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

 

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

 

(2) Threatening to commit any offense of violence;

 

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

 

(B) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

 

©(1) Whoever violates this section is guilty of inducing panic.

 

(2) Except as otherwise provided in division ©(3), (4), (5), (6), (7), or (8) of this section, inducing panic is a misdemeanor of the first degree.

 

(3) Except as otherwise provided in division ©(4), (5), (6), (7), or (8) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree.

 

(4) Except as otherwise provided in division ©(5), (6), (7), or (8) of this section, if a violation of this section results in economic harm, the penalty shall be determined as follows:

 

(a) If the violation results in economic harm of one thousand dollars or more but less than seven thousand five hundred dollars and if division ©(3) of this section does not apply, inducing panic is a felony of the fifth degree.

 

(b) If the violation results in economic harm of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, inducing panic is a felony of the fourth degree.

 

© If the violation results in economic harm of one hundred fifty thousand dollars or more, inducing panic is a felony of the third degree.

 

(5) If the public place involved in a violation of division (A)(1) of this section is a school or an institution of higher education, inducing panic is a felony of the second degree.

 

(6) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division ©(5), (7), or (8) of this section, inducing panic is a felony of the fourth degree.

 

(7) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division ©(5) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the third degree.

 

(8) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division ©(5) of this section, if a violation of this section results in economic harm of one hundred thousand dollars or more, inducing panic is a felony of the third degree.

 

(D)(1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

 

(2) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.

 

(E) As used in this section:

 

(1) “Economic harm” means any of the following:

 

(a) All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” as described in this division includes, but is not limited to, all of the following:

 

(i) All wages, salaries, or other compensation lost as a result of the criminal conduct;

 

(ii) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

 

(iii) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

 

(iv) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

 

(b) All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or section 2917.32 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.

 

(2) “School” means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

 

(3) “Weapon of mass destruction” means any of the following:

 

(a) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

 

(b) Any weapon involving a disease organism or biological agent;

 

© Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

 

(d) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of “destructive device” pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

 

(i) Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

 

(ii) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (E)(3)(d)(i) of this section and from which an item or device described in that division may be readily assembled.

 

(4) “Biological agent” has the same meaning as in section 2917.33 of the Revised Code.

 

(5) “Emergency medical services personnel” has the same meaning as in section 2133.21 of the Revised Code.

 

(6) “Institution of higher education” means any of the following:

 

(a) A state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college;

 

(b) A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code;

 

© A post-secondary institution with a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.

 

Amended by 129th General Assembly File No. 29, HB 86, § 1, eff. 9/30/2011.

 

Effective Date: 09-27-2002; 2007 HB142 03-24-2008

 

See 129th General Assembly File No. 29, HB 86, §4.

Link to comment
Share on other sites

, but it takes a lot more than having a gun and one or two concerned citizens to make it stick.

 

EXACTLY...

To Make it stick..

However all im saying is the arrest would not be considered a bad arrest.

but if its raising alarm.. if multiple people are calling in about it. i can see an arrest being made..

 

 

of course there are exceptions to everything.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share


×
×
  • Create New...