Candidate faces criminal trial for open carry of motorcycle

[obesityrules]

CANTON - Before asking for thousands of votes in the November election, a candidate for Stark County commissioner wants the vote of a jury of eight of his peers.

Stephen Todd, a motorcycle-riding pastor who considers himself a political independent, is fighting a criminal charge of improperly handling a firearm in a motor vehicle. It’s a fourth- degree misdemeanor that carries a maximum jail term of 30 days.

The 53-year-old Todd, in a three-way race for a commissioners’ seat, has pleaded not guilty in Canton Municipal Court. He has a mid-October court hearing, with jury trial scheduled for Oct. 22.

“We feel we’re completely justified in doing what we did on that day,” Todd explained.

PULLED OVER

It began when an Ohio Highway Patrol trooper stopped Todd along Route 30, near Harrison Avenue, accusing him of failing to stop at a stop sign. It was shortly after 11:30 a.m. July 3.

Besides the traffic ticket, the trooper added the firearm charge. A candidate for an unexpired seat, Todd doesn’t deny he was carrying a loaded .38-caliber Smith & Wesson revolver at the time.

“Ohio is an open-carry state,” he said.

The gun, he said, was in plain view.

The trooper didn’t see it that way. Todd is charged under a section of state law that says it’s illegal to transport a loaded firearm “in” a motor vehicle. Todd’s attorney, Anthony Koukoutas, said his client wasn’t “in” a motor vehicle — he was “on” a motorcycle.

“I believe there’s a misinterpretation of the open-carry law,” Koukoutas said.

Katie Erchick, the assistant Canton city prosecutor handling the case, said she’s aware of Koukoutas’ stance. She said she’s looking into that claim, but said the trial date is in effect.

The case, and another against him earlier this year, are examples of too much government intervention, Todd said.

INTRUSIVE GOVERNMENT

“There is too much government, period,” said Todd, who is pastor of Wellspring Assembly Church, a church intentionally not registered as a nonprofit, so as not to follow government regulations on its messages.

In March, Todd was charged with criminal damaging, related to logging done on his 120-acre Wildcat Ranch in Bethlehem Township. He initially was cited by a Stark County Park District ranger because a tree company used the Towpath Trail to access trees on Todd’s land.

Prosecutors dismissed the charge when Todd and the Park District settled the case in mediation.

Todd is a nonparty candidate for the commissioner seat once occupied by Tom Harmon. The term expires at the end of 2012. His opponents are Republican James Walters and Democrat Thomas Bernabei.

http://www.cantonrep.com/newsnow/x278749279/Candidate-faces-criminal-trial

[jporter12]

Interesting...

[chevysoldier]

He's guilty. Ohio law reads something to the effect of "A loaded firearm cannot be carried in a motor vehicle without a concealed carry permit. A motor vehicle is defined as anything that moves under it's own power, including motorcycles." I can find the law later, or someone else can.

I don't agree with the law but that's how it's written. I doubt he will get the charges dropped.

[Casper]

He's guilty. Ohio law reads something to the effect of "A loaded firearm cannot be carried in a motor vehicle without a concealed carry permit. A motor vehicle is defined as anything that moves under it's own power, including motorcycles." I can find the law later, or someone else can.

I don't agree with the law but that's how it's written. I doubt he will get the charges dropped.

I agree. He's guilty. No concealed carry, no carry on a bike.

However, I bet the charges do get dismissed or dropped to a lesser charge.

[chevysoldier]

I agree. He's guilty. No concealed carry, no carry on a bike.

However, I bet the charges do get dismissed or dropped to a lesser charge.

They may get lessened but I don't think they will be dropped completely. We'll see.

[Disclaimer]

It'll at least clarify things and bring some attention to open-carry + motorcycling.

But yea, Pastor is guilty per the information presented.

[Meanie]

I agree but its a silly law, whats the difference between walking down a city street carrying and having it on you while on a motorcycle open carrying. Now if he is concealing it in a pocket or under a jacket different story.

[n0rbertt]

Without a concealed carry I believe it has to not be loaded and in a compartment , such as a zipper bag or other luggage gear.

[fusion]

I agree but its a silly law, whats the difference between walking down a city street carrying and having it on you while on a motorcycle open carrying. Now if he is concealing it in a pocket or under a jacket different story.

I think this is what they are going to argue and is the basis of the "on" vs "in". Being on a bike with the weapon in plain view isn't concealed in any way. In a car (truck, van,...) the vehicle its self conceals the weapon even if worn openly.

[chevysoldier]

I think this is what they are going to argue and is the basis of the "on" vs "in". Being on a bike with the weapon in plain view isn't concealed in any way. In a car (truck, van,...) the vehicle its self conceals the weapon even if worn openly.

which is funny because it use to be you had to buckeye tuck it when you got in a car, even with a CHL. Had to be in plain view.

[fusion]

which is funny because it use to be you had to buckeye tuck it when you got in a car, even with a CHL. Had to be in plain view.

Yeah well we know this crap never makes a ton of sense a lot times especially when it comes to oh so scary guns.

[Scruit]

Even the Buckeye Tuck was risky as one officer may say that it's in plain sight if he can see if from the any position outside the car, whereas another may say it's NOT in plain sight unless he can see it from standing at the driver's window.

I asked my local sheriff, was referred to a sgt, and told that it's officer discretion.

[Scruit]

My understanding is that riding a motorcycle is "driving a vehicle" for the purposes of Concealed Weapons laws. It's poorly written and needs to be adapted to the realities of the a CHL holder acting in good faith while riding a bike... But... As written, he's guilty.

[chevysoldier]

Even the Buckeye Tuck was risky as one officer may say that it's in plain sight if he can see if from the any position outside the car, whereas another may say it's NOT in plain sight unless he can see it from standing at the driver's window.

I asked my local sheriff, was referred to a sgt, and told that it's officer discretion.

which is the main reason that part of the law was done away with. Was way to grey. I didn't have my CHL at that time, but have spoken to many that did.

[Zach]

He's guilty.

and a douchebag.

[Kahooli]

and a douchebag.

constructive.

[Disclaimer]

>

Pastors are above the law.

[SpeedTriple44444]

constructive.

and true.

What does carrying a gun have to do with Christianity anyway? I'm still trying to figure that one out.

[swingset]

He's fooked, the law is pretty clear. Also, if he had a CHL he would have been 100% legal.

Stupid.

[swingset]

Yeah' date=' but this [i']may open a door to argue the constitutionality of the law. I don't think it will go anywhere, but that doesn't mean I can't hope. (folds hands and looks towards heaven...)

Don't get me wrong, I'd love it if that were to go down, but it ain't gonna happen.

[SpeedTriple44444]

I don't follow your question.

I mean, killing, even in self defense, is not in the bible. So many American Christians don't make that connection. Not to say that I wouldn't do it if I was threatened, but what is a pastor doing carrying?

[chevysoldier]

Killing.

Many people make the mistake of reading what the Bible says in Exodus 20:13, “You shall not kill,” and then seeking to apply this command to war. However, the Hebrew word literally means “the intentional, premeditated killing of another person with malice; murder.” God often ordered the Israelites to go to war with other nations (1 Samuel 15:3; Joshua 4:13). God ordered the death penalty for numerous crimes (Exodus 21:12, 15; 22:19; Leviticus 20:11). So, God is not against killing in all circumstances, but only murder. War is never a good thing, but sometimes it is a necessary thing. In a world filled with sinful people (Romans 3:10-18), war is inevitable. Sometimes the only way to keep sinful people from doing great harm to the innocent is by going to war.

In the Old Testament, God ordered the Israelites to “take vengeance on the Midianites for the Israelites” (Numbers 31:2). Deuteronomy 20:16-17 declares, “However, in the cities of the nations the LORD your God is giving you as an inheritance, do not leave alive anything that breathes. Completely destroy them…as the LORD your God has commanded you.” Also, 1 Samuel 15:18 says, “Go and completely destroy those wicked people, the Amalekites; make war on them until you have wiped them out.” Obviously God is not against all war. Jesus is always in perfect agreement with the Father (John 10:30), so we cannot argue that war was only God’s will in the Old Testament. God does not change (Malachi 3:6; James 1:17).

[cOoTeR]

I mean, killing, even in self defense, is not in the bible. So many American Christians don't make that connection. Not to say that I wouldn't do it if I was threatened, but what is a pastor doing carrying?

Um killing is in the bible. They killed Jesus, hello!

Seriously I think that a good lawyer could beat this on the "in a motor vehicle" part. Yes he was on a motor vehicle but the law states "in a motor vehicle". From my understanding . The man in question was not "enclosed" in a vehicle. I believe the most this will do is change the wording of the law to include "on a motorized vehicle such as a motorcycle.".

[wht_scorpion]

So if Im on my bike its ok to ride with a unload weapon out in the open with the clip under my hump of my bike. Its ok so when I get off my bike load my clip in the gun and walk in public.

Edited September 2, 2010 by wht_scorpion

[gearman]

a church intentionally not registered as a nonprofit, so as not to follow government regulations on its messages.

...now you've got my attention