Arrested in Lakewood

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Brian D.
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Re: Arrested in Lakewood

Post by Brian D. »

Javelin Man wrote:
glocksmith wrote:Guy leaves an expensive item...a handgun prized by criminals at that...in plain view in an unoccupied vehicle...and it gets stolen! What's this world comin to? :?
Sorta like blaming the college girl for getting raped when she wears a nice looking mini skirt. Let's put the blame where it belongs, on the criminal. Plus, it was in a holster between the seats, nothing said about being in plain sight though I may be wrong about that.
I'm with you on this, Jav. It's easy to slip a gun between my front seat and console, In such a way it can't be seen, from outside the vehicle, at least.
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Re: Arrested in Lakewood

Post by glocksmith »

Sorry. It's just that I used to work security for a large corporation and got tired of all the well-educated, high salaried idiots who used to park downtown at night and leave company issued laptops laying right on the front seat. Then, when they got broken into - rather than admit to their own stupidity - they'd flip out and get mad at me - it was all my fault because I couldn't retrieve the footage of some unidentifiable person breaking into their car which was well off of company property. I guess you could say I have little sympathy for people who do dumb things.
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Re: Arrested in Lakewood

Post by Javelin Man »

Glocksmith,

Understandable and agree with, especially if left in plain sight. But a criminal is still to blame regardless if the laptop or gun is locked in a safe in the back of the trunk, or laying on the dash with the convertible top down. That's not to say the idiot that does the latter doesn't deserve a swift kick in the pants and a dope-slap, but the criminal is still at fault.
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Re: Arrested in Lakewood

Post by glocksmith »

Javelin Man wrote:Glocksmith,

Understandable and agree with, especially if left in plain sight. But a criminal is still to blame regardless if the laptop or gun is locked in a safe in the back of the trunk, or laying on the dash with the convertible top down. That's not to say the idiot that does the latter doesn't deserve a swift kick in the pants and a dope-slap, but the criminal is still at fault.
LOL agree with you the criminal is at fault...but the criminal is not here...he got away with it AFAIK. Unfortunately for our OP...he/she is now the sole focus of criminal charges...a felony at that...which will render the OP's firearms future quite short. This is one of those unfortunate incidents where calling the cops to report a crime...ends up with the victim being charged with a crime. Hard to imagine how this one will ultimately play out.
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Re: Arrested in Lakewood

Post by WY_Not »

Barring any unknown, other factors that caused the arrest, here's hoping it plays out with Lakewood writing a large check to the OP.
glocksmith wrote:LOL agree with you the criminal is at fault...but the criminal is not here...he got away with it AFAIK. Unfortunately for our OP...he/she is now the sole focus of criminal charges...a felony at that...which will render the OP's firearms future quite short. This is one of those unfortunate incidents where calling the cops to report a crime...ends up with the victim being charged with a crime. Hard to imagine how this one will ultimately play out.
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Re: Arrested in Lakewood

Post by CroManGun »

Am I missing something here? OP says gun was stolen from car. Notifies Chesterland police. OP goes to work in Lakewood. Notifies Lakewood police that it MIGHT have been stolen THERE. Does the OP really know WHERE it was stolen? It's not like Chesterland and Lakewood are neighboring cities.
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Re: Arrested in Lakewood

Post by DOA33 »

CroManGun wrote:Am I missing something here? OP says gun was stolen from car. Notifies Chesterland police. OP goes to work in Lakewood. Notifies Lakewood police that it MIGHT have been stolen THERE. Does the OP really know WHERE it was stolen? It's not like Chesterland and Lakewood are neighboring cities.
This^. Unless he had the gun as a car gun and didn't think to check until he got home or disarmed since he works at a cpz. If I leave my gun in the car to go into a cpz, I put it out of sight but easy to get to if I need it while driving. Sometimes I don't bother the firearm till I get home. Only the OP can answer and looks like he took the advice and stopped posting.
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Re: Arrested in Lakewood

Post by gaptrick »

I've had a discussion with the law director for the city of Euclid recently regarding changes they have made to their local ordinances. What Euclid did in short was add the word "HANDGUN" to the DANGEROUS ORDINANCE section and tweaked it some to add extremely non descript verbiage regarding storage.

I had explained to her how the city is now in violation to 9.68 and any suit brought against the city puts the city at great monetary risk. Where it goes from here I don't know, but if the OP were to message me we can compare notes... I'm greatly interested to follow your case.
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Re: Arrested in Lakewood

Post by Chuck »

Chuck wrote:PM inbound

It's been a week with no response to my PM giving him my contact information
I assume the OP has the situation well in hand
There's nothing else I can do
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Re: Arrested in Lakewood

Post by djmac1964 »

DOA33 wrote:If I leave my gun in the car to go into a cpz, I put it out of sight but easy to get to if I need it while driving. Sometimes I don't bother the firearm till I get home.
I have two firearms that live in my vehicle full time. I may only check once or twice a week to see if they are still there, usually only if I stop somewhere on my way home from work, and decide to arm myself. They are in a locked compartment, and I would only be concerned if it looked like someone had been in my vehicle.
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Re: Arrested in Lakewood

Post by DontTreadOnMe »

Note to the OP (please don't post in reply until your case is resolved) I see that you were in fact charged with violating Lakewood ordinance 549.06 Failure To Secure Dangerous Ordnance. As stated earlier in this thread that law is valid insofar as it does not violate statewide regulations, and invalid insofar as it does.

Although I believe that RC 2923.11(K)-(L) is absolutely clear that a firearm does not qualify as a dangerous ordnance unless it possesses additional attributes (automatic, sawed off, etc.), please be sure that your attorney is aware of the following cases:

Reddick v. Said, 2012-Ohio-1885 the court clarified that a firearm does not qualify as a dangerous ordnance unless it has such an additional attribute (see the 3rd to last paragraph).
State v. Hines, 39 Ohio App. 3d 129 the court explicitly stated that not all firearms qualify as dangerous ordnance "... whereas unlawful possession of a dangerous ordnance is proved only by evidence of a dangerous ordnance. 'Dangerous ordinance,' as it pertains to firearms, is a subclass of 'firearm.'"" "

Despite the fact that Lakewood ordinance 549.01(e)(1) includes semi-automatic firearms in their definition of "dangerous ordnance" that is in conflict with the definitions in ORC 2923.11(K)-(L).
Because of ORC 9.68 the only restrictions on the transportation, storage or keeping of any firearm must be consistent with either state or federal law.
Therefore, Lakewood municipal ordinance 549.06 (Failure To Secure Dangerous Ordnance) can only be a valid law insofar as it does not exceed the limitations imposed by state or federal law. There is no federal law on the storage of firearms, and as noted above state law 2923.19 (Failure to secure dangerous ordnance) does not apply to semi-automatic firearms. Thus the Lakewood municipal ordinance is invalid as to the storage of semi-automatic firearms.

Best of luck.
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Re: Arrested in Lakewood

Post by Brian D. »

^^ Great explanation of those parts of the Ohio Revised Code, DTOM.
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Re: Arrested in Lakewood

Post by Werz »

The vast majority of judges do not know that R.C. 9.68 exists, and thus, they will have no idea that such an ordinance is displaced by Ohio statute. Hopefully, the OP finds an attorney who knows about its existence, as well as the ruling in Cleveland v. State.
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djthomas
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Re: Arrested in Lakewood

Post by djthomas »

If it goes to trial and OP wins on the invalidity of the ordinance I'd say that's prevailing against an ordinance so Lakewood should be prepared to cover the cost of his attorney's time and trouble.
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Re: Arrested in Lakewood

Post by djthomas »

Looks like Lakewood has never caught its municipal ordinances up. For example, it still clings to 2923.12 and 2923.16 as they existed prior to 2004. Seems to me they've got a bigger 9.68 compliance issue other than their cute interpretation of dangerous ordnance. Incidentally, even with their inclusion of semi-automatic firearms in the definition of dangerous ordnance, they then pretty much mirror the state law exclusions, which includes pistols, rifles, and shotguns suitable for sporting purposes unless they are automatic or sawed-off. Lakewood actually takes it a step farther by including marksmanship competitions as an example of what sporting means. Even if you wouldn't hunt with a particular handgun just about any handgun is suitable for marksmanship competitions.

So 9.68 might not even come into play when the ordinance itself provides the exemption, making it even more indefensible.

As an aside, I wonder if they've ever charged city employees who live in the city and have a semi-automatic dangerous ordnance in their home without a license, because looking over their exemptions section even their police officers are not exempt when it comes to weapons possessed for personal use, 549.98.
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