A retired deputy sheriff I know once told me he never arrested anybody for carrying a concealed gun because 'bearing arms' is a right protected in the federal and Ohio constitution, regardless of law. But he would tack that charge onto some other charge.
At least 20 years ago I frequented an independant pipe and tobacco shop owned by a retired police officer. I remember part of 1 conversation where he stated that it was legal to walk the sidewalks in the local city carrying a loaded gun as long as it was not concealed. He also stated that doing so will most certainly draw harrassment from the police. The sort of thing like being disarmed at gun point, handcuffed, and hauled to jail, then released.
For years I openly carried a handgun while fishing or hiking in the woods, but never in a town. I just wasn't willing to test my convictions and put my ability to support my family at risk. Although I occasionally carried concealed for safety reasons.
I certainly understand why someone like this guy would openly carry to make a point, but crying about what you know will happen is a bit much. The police were definately wrong, but their behavior was soooo very predictable. It's kinda like being surprised by the pain when you hit your finger with a hammer. . . . Duh!
Seems there are similar problems in Utah, though not quite as bad.
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3 comments:
but crying about what you know will happen is a bit much.
I'm not sure where you're going here.
We should expect to be harassed when not breaking any laws and, if we are, we shouldn't complain about it?
Why, exactly, is that?
My understanding of our legal system and civil rights protections is that the Police are not allowed to make up the law as they go along. And, if they do so, they need to be called on it and it needs to be stopped.
The only thing I'm disappointed about is that the person that it happened to doesn't seem to be inclined to sue over his rights being violated. He apparently is going to allow himself to be intimidated into not exercising his rights.
A right we are afraid to exercise is not a right at all. What's the difference between this and, say, the police rousting someone for speaking out against police corruption? Or the Police pulling you over every time you drive down the street because your car "looks" fast and you may use it to speed...why do you need a ferrari in a city with 35mph speed limits?
This goes to the very nature of civil liberties and the Police powers.
I open carry regularly and you can BET that if I'm harassed, I'll be "crying" about it...both publicly and to the jury in a civil suit.
All I was trying to say is that if you're trying to make a point then fine. You're getting the publicity required to educate the general public and the police.
If that wasn't the goal then don't complain that the expected happened.
Yes we shouldn't be harassed by police or the public if not breaking the law, but unfortunately that isn't always reality. I'd bet carrying openly here in an Ohio city, while not illegal, will certainly result in police harassment for scaring the sheep. Is it right? No. Should legal action be taken against them for doing so? Hell yes.
It's been just 4 years that concealed carry has been legal. Just this year legislation was passed that said state gun laws trumped local laws. People exercising their rights, where guns are concerned, is rather new here in Ohio.
I lived in the small town of Vandalia Ohio most of my life. And for most of my life the ATA held the Ohio state and national trap shoot competitions there. (Never once heard of a robbery there.) Every year people were shocked to see shooters carrying their trap guns walking down the sidewalk. Some never got used to it, and never will.
To tell you the truth, I open carry sometimes as well, and, to my knowledge, have never been noticed by anyone. When I was a teenager I would frequently open carry a Super Blackhawk during hunting season, and wouldn't take it off to go grab a bite to eat or pay for gas. No one seems to care.
If the cops stop and harrass me then or now for OC then I would be profoundly angry, and, like SailorCurt, would definitely sue.
I'm not sure if the guy in Ohio was trying to get noticed, but around here it does kinda suprise me how no one notices as long as I mind my own business.
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