Get on the ground, an officer ordered, forcing the surprised group to set aside their drinks and hit the sidewalk belly-down. An officer began searching one of Llewellyn's friends before abruptly ending the suspense and demanding to know who had the gun. [More]We had this happen in Willowick a while back and it looks like Ohio cops still aren't getting the message--in spite of the chief notifying the Attorney General. Sure, she put out a booklet with a brief mention on page 18, but that's a far cry from positively ensuring that the law is understood by those tasked with enforcing it. Matter of fact, with the "If you openly carry, use caution" recommendation, that puts the burden solely on the citizen.
And that's the best our gun rights leaders have given us, too :
State law does not prohibit the open carrying of firearms except in certain locations, but a person should exercise caution when carrying a firearm in public.As we've repeatedly seen, one can exercise all the caution in the world and still end up on the floor--or worse. That's not good enough. Those who get paid to enforce the law have a responsibility to know just what it is they can and cannot enforce in this regard--especially since it creates the potential for a lethal encounter.
They don't have a right to put us at risk like that. It needs to stop. Starting today.
What follow is a rough draft of sorts on how this could be done. Thing is, I won't be the one doing it. My plate is already full. Which means it probably won't be.
But I'd start out with a letter to the AG, return receipt requested, putting her on notice with something along these lines:
[Date]The enclosure form letter she'd get a copy of follows. This is something that would need to be sent to every LEO head in the state--by return receipt mail in order to create a documented record that they have received notice. As such, whoever took on this project would probably need to raise a thousand dollars or so for postage, plus have the time and resources to customize each letter with the appropriate chief/sheriff, department and address, and go to the post office to fill out the return receipt forms and mail them. Here's where you'd get that information from (and these may need to be verified as current and complete).
Attorney General Nancy H. Rogers
State of Ohio Office of the Attorney General
30 E. Broad St., 17th Floor
Columbus, OH 43215
Subject: Law Enforcement and Ohio Open Carry of Firearms
Dear Attorney General Rogers,
Over two months after Willowick Police Chief Michael Lazor's letter to you on the subject of open carry of firearms, I am still reading news accounts of police officers harassing citizens for it. This creates a dangerous and intolerable risk for citizens and a not undeserved liability for Ohio law enforcement agencies.
It is incumbent on you as the highest law enforcement executive in the state to rectify this, especially since you cannot claim you're not aware that risks exist. I am prepared to spearhead a project to try to notify every police chief and sheriff in the state via the enclosed return receipt letter.
But that's really not my job, that's yours. I'm calling on you to notify every police chief and sheriff in the state as to the legality of open firearm carry in Ohio. You have the resources and the staff to accomplish this with just one order. And law enforcement heads will heed you--with me, there's no such guarantee.
Consider this your notice that dangerous deficiencies exist within Ohio law enforcement as to the proper understanding and application of state law. Should you now fail to act on this, and should any citizen suffer any harm as a result of your lack and/or thoroughness of action, a copy of this letter and the USPS return receipt will serve as documentation that you were notified of your obligation and, with negligence and/or deliberate indifference, did not fulfill it.
Sincerely,
[Name and Address]
Enclosure
[Date]I think it's not a bad little project, and something a team of volunteers could do it in very little time and for very little effort and expense--a bang for the buck kind of effort. I'd think each county should have someone who takes charge and assumes responsibility for getting it done in that area. Larger counties would need a couple of volunteers.
[To: Title/Department/Address]
Subject: Ohio Open Carry of Firearms
Dear_____,
Recent incidents where citizens carrying firearms in an open manner have been detained by police make it evident that uniform training does not exist throughout the state of Ohio to inform officers of the law, what they are authorized to enforce, and what they have no authority to challenge.
Per the Ohio State Attorney General:
"Open CarryThe legal burden of proving innocence should not fall on citizens exercising rights over which your department has no legal authority. This creates a dangerous situation. Citizens who are not violating any laws could get hurt or worse, and your officers and management could be held liable for damages.
Ohio's concealed carry laws do not regulate "open" carry of firearms...The open carry of firearms is a legal activity in Ohio." (Source: "Ohio's Concealed Carry Law," State of Ohio, Office of the Attorney General, http://ag.state.oh.us/le/prevention/pubs/200808_ccw_book.pdf )
It is up to your officers to know what laws they have authority to enforce, and not to attempt enforcement activity for which they have no legal authority. It is your responsibility to ensure they are properly trained in this regard.
This letter serves as formal notice that you must learn the law regarding open carry in Ohio and ensure those under your command have been properly trained to understand it as well.
Should you fail to do this, and should any citizen suffer any harm as a result of your lack and/or thoroughness of action, a copy of this letter and the USPS return receipt will serve as documentation for any and all plaintiffs that you were notified of your obligation and, with negligence and/or deliberate indifference, did not fulfill it.
Sincerely,
[Name and Address]
If I had one dedicated week and the postage, I could do the whole job myself. But, like I said, I'm already more than occupied.
If enough Ohio volunteers contact me, I'll put you in touch with each other and offer general help, but I'm not prepared to solicit funds and administer a project. I'd really prefer to see some grassroots gun group take this on and make it their own. And the thing is, it could also be emulated in other states that have similar open carry issues.
Any bets on whether or not this will just turn out to be a[nother] theoretical exercise in what might have been?
[Via Fat White Man]
I need to clear up one thing that is a huge mistake in thinking. That would be calling cops, "law enforcement officers". Cops are anything but "law enforcement officers", they are simply cops who make arrest and serve the public. Its the courts job to "enforce the laws, not cops.
ReplyDeleteNow back to this story. So long as we allow cops to be called "law enforcement officers" we are going to have this kind of conduct by cops. Cops feel they are the law by the title of the job and see anyone with equal power of the gun as a threat to them. They know the real power in their jobs comes with being able to kill people which is done with their firearms. To see citizens have that same power on the streets scares the shit out of them. Cops are trained to think "be able to make it home after the shift". They want the citizens to be unarmed to secure that they do make it home after the shift.
To add in showing the wrong mind set of cops. They call us civilians because they don't see themselves as civilians, which they are and must be under the Constitution. They simply don't get it and I wonder if they have the intelligence to from the actions and demeanor they show. Clearly they do not want to be part of us but an entity of their own.
No bravado from me today.
ReplyDeleteI just hope this trend can be ended peacefully. But end it must.
avgjoe, the words or titles don't matter one little bit. It's the attitude and the corruption we've allowed them to maintain that is the problem.
ReplyDeleteI've posted this potential project to opencarry.com - full credit to WaronGuns, of course. I'll post it to a few other fora I belong to.
Let's see what happens.
I'd start a project like this here... except that we don't have the problem in Wyoming! (At least not yet.) I carry openly every day, everywhere, and I've never had a comment from the police - except the time I was carrying the Ruger revolver and the sheriff asked when I was going to get a "real gun." :)
David, have you considered contact the Buckeye Firearms Association?
ReplyDeleteThey'd be one logical group to make aware of this--I don't have any contacts there, but if anyone does--or has any other ideas and is interested in pursuing this, please make it so.
ReplyDeleteOn "law enforcement officers" vs "peace officers":
ReplyDeletehttp://www.jpfo.org/common-sense/cs7.htm
Your Right of Defense Against Unlawful Arrest
http://www.constitution.org/uslaw/defunlaw.htm
mama, we can start by giving them job titles that are correct for the job they are doing. We can get them to use words that do not make them different then the citizen they work for and are in fact themselves.
ReplyDeleteYou tell an idiot he's smart and a real wiz long enogh the idiot will start buy into it.
This all needs to have starting point or a few starting points. But the first one me thinks is to make darn sure they understand they are not better than the citizens or have any speical power.
I mentioned this at ar15.com in the Ohio hometown forum:
ReplyDeletehttp://www.ar15.com/forums/topic.html?b=8&f=12&t=325883
There is a rep from BFA that follows that forum pretty close. I think his screen name is KnightofTheOldeCode
Interesting idea. Not sure how much weight it would actually carry in a court case, but it would certainly wake some people up.
ReplyDeleteUnfortunately, I don't live in an open carry state (FL), so incidents with cops and lawfully armed citizens are rare.
AvgJoe, we've tried giving them a more descriptive job title, but it really seems to upset them when we refer to them as "Jack Booted Thugs".
ReplyDelete