Arrested in Lakewood
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
-
- Posts: 6
- Joined: Wed Jul 20, 2011 10:04 pm
Arrested in Lakewood
I am a Geauga county resident. My hand gun was stolen from my car
The car was locked and the gun was in a holster between the front seats
I reported this to the local police in Chesterland and they took the serial number
and said they would check local pawns shops. The officer said because I have an older car with
non electric locks that they have been breaking into cars with flat bars stealing content and
then relocating an closing the doors.
Because I work in Lakewood I also reported with the Lakewood police that it could have been stolen
there. I reported the stolen gun went home and was asked the next day to come back to the station
to answer a few more questions. When I arrived and checked in I was promptly arrested for
not properly securing a handgun. Quite a different response then the Chesterland police.
I now have a court date and may be charged with a felony
The car was locked and the gun was in a holster between the front seats
I reported this to the local police in Chesterland and they took the serial number
and said they would check local pawns shops. The officer said because I have an older car with
non electric locks that they have been breaking into cars with flat bars stealing content and
then relocating an closing the doors.
Because I work in Lakewood I also reported with the Lakewood police that it could have been stolen
there. I reported the stolen gun went home and was asked the next day to come back to the station
to answer a few more questions. When I arrived and checked in I was promptly arrested for
not properly securing a handgun. Quite a different response then the Chesterland police.
I now have a court date and may be charged with a felony
-
- Posts: 414
- Joined: Mon Oct 24, 2011 8:04 pm
- Location: Toledo...
Re: Arrested in Lakewood
Lawyer, not posting on the forum.
And methinks there is WAAAAAYYY more to the story.
LAWYER
And methinks there is WAAAAAYYY more to the story.
LAWYER
- Bianchi?
- Posts: 1541
- Joined: Mon Oct 31, 2011 4:42 pm
- Location: Akron, Ohio
Re: Arrested in Lakewood
I would highly suggest finding a lawyer ASAP and cease posting.
I've had consistently good results with ether.
- JustaShooter
- OFCC Coordinator
- Posts: 5800
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Arrested in Lakewood
Agreed, stop posting, get a lawyer - a good gun lawyer.
Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
-
- OFCC Coordinator
- Posts: 3515
- Joined: Sun Mar 13, 2011 5:26 pm
- Location: n.e. ohio
- Contact:
Re: Arrested in Lakewood
I would not put anything past Lakewood, real knuckleheads. If he was Arrested for a city ord that violates ORC 9.68 . I hope they have to pay a price for that blunder.JustaShooter wrote:Agreed, stop posting, get a lawyer - a good gun lawyer.
Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
Black Rifles Matter
-
- Posts: 16229
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: Arrested in Lakewood
Yeah, if this all went down as stated by the OP, a good gun-savvy attorney should be anxious to take the case.JustaShooter wrote:
Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Arrested in Lakewood
I don't work in Lakewood but I have heard some cities try to apply the failure to secure a dangerous ordnance statute (2923.19) to the theft of an ordinary firearm. It's a second degree misdemeanor but any competent attorney can turn around and mule kick them in the teeth with it because Ohio law is quite clear on what is and what is not a dangerous ordnance. I've never heard of these charges making it past the prosecutor because while most lawyers are up for a bit of creativity here and there they really don't want to get sanctioned (or worse) for bringing charges in bad faith for which there is absolutely no probable cause.
Another possibility would be unlawful transaction in weapons (2923.20), specifically (A)(5) which makes it a crime to fail to report the theft of a firearm "forthwith." It's a fourth degree misdemeanor. Again, a good lawyer can cut through the garbage here.
I'd love to get the report on this one...
Another possibility would be unlawful transaction in weapons (2923.20), specifically (A)(5) which makes it a crime to fail to report the theft of a firearm "forthwith." It's a fourth degree misdemeanor. Again, a good lawyer can cut through the garbage here.
I'd love to get the report on this one...
- DontTreadOnMe
- OFCC Patron Member
- Posts: 1750
- Joined: Wed May 02, 2012 11:11 am
- Location: SW Ohio
Re: Arrested in Lakewood
I posted in the other thread which was locked and not merged. Reposting here but it's lost its formatting. Sorry about that ...
Do you have a CHL? Do the Lakewood police know that? There is a state law about storing firearms in vehicles but it doesn't apply to those who have a CHL.
Get a lawyer and make sure they're familiar with ORC 9.68 http://codes.ohio.gov/orc/gp9.68v1" onclick="window.open(this.href);return false; which has been upheld by the OH Supreme Court as a general law exception to home rule, and which sates the following:
Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
Note that this precludes municipal ordinances purporting to cover the above. Storing a gun in a car is clearly a method of "transporting, storing, or keeping" it. The state law on failure to secure dangerous ordnance doesn't apply here as the state definition of dangerous orndnance excludes handguns designed or suitable for sporting purposes.
Also make sure your lawyer knows, and can tell the local prosecutor that, the law provides for awarding court costs and attorney fees in legal challenges to such ordinances.
Beyond that, keep quiet about it until it's over.
Good luck.
Do you have a CHL? Do the Lakewood police know that? There is a state law about storing firearms in vehicles but it doesn't apply to those who have a CHL.
Get a lawyer and make sure they're familiar with ORC 9.68 http://codes.ohio.gov/orc/gp9.68v1" onclick="window.open(this.href);return false; which has been upheld by the OH Supreme Court as a general law exception to home rule, and which sates the following:
Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
Note that this precludes municipal ordinances purporting to cover the above. Storing a gun in a car is clearly a method of "transporting, storing, or keeping" it. The state law on failure to secure dangerous ordnance doesn't apply here as the state definition of dangerous orndnance excludes handguns designed or suitable for sporting purposes.
Also make sure your lawyer knows, and can tell the local prosecutor that, the law provides for awarding court costs and attorney fees in legal challenges to such ordinances.
Beyond that, keep quiet about it until it's over.
Good luck.
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Arrested in Lakewood
Since I expect the OP will keep silent from this point forward, if folks want to do some digging the Lakewood Municipal Court allows you to search cases by schedule here. It seems they do criminal arraignments on Tuesdays. I searched 3/21 and 3/28 and came up with nothing - lot of DCI and weed tickets which is no surprise given what last Friday was. The docketing system doesn't give you much, i.e. no images of the complaints, but you can at least see what section someone is being charged under.
- Chuck
- OFCC Director
- Posts: 4753
- Joined: Mon Nov 16, 2009 7:06 am
- Location: Licking County
Re: Arrested in Lakewood
If you would like the names of a couple lawyers, please send me a PM
Ain't activism fun?
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
- JustaShooter
- OFCC Coordinator
- Posts: 5800
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Arrested in Lakewood
Can you point me there? I can't find it.DontTreadOnMe wrote:There is a state law about storing firearms in vehicles but it doesn't apply to those who have a CHL.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
- Chuck
- OFCC Director
- Posts: 4753
- Joined: Mon Nov 16, 2009 7:06 am
- Location: Licking County
Re: Arrested in Lakewood
PM inbound
Ain't activism fun?
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
- pirateguy191
- Posts: 11009
- Joined: Sat Feb 14, 2009 12:06 pm
- Location: 44146
Re: Arrested in Lakewood
He/she is an NRA instructor according to a previous post.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
-
- Posts: 3918
- Joined: Fri Apr 22, 2011 10:04 am
- Location: Cincinnati/SW Ohio
Re: Arrested in Lakewood
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?
Give em' Hell Pike!!!
-
- OFCC Member
- Posts: 7481
- Joined: Fri Aug 19, 2005 4:53 pm
- Location: Sandusky County
Re: Arrested in Lakewood
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.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?
Famous last words: "I just drank What?!-Socrates
bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George