In a recent case, a mans' family was concerned about his mental state and called the police. When the police arrived they determined he might be a threat to himself and seized his firearm. Later he requested the return of his firearm and was told policy was they would not return a firearm without a court order.
He did sue and and his firearm was returned. He then sued the agency claiming they had no statuary authority to demand a court order and that it violated state preemption law. I cant help wondering if the same thing would apply in the State of Ohio?
interesting question.
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- Bruenor
- Posts: 7306
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- Location: Geneva, OH
Re: interesting question.
Sure it can happen in Ohio.. here's a few examples. more likely in some jurisdictions than others..
https://www.theblaze.com/news/2013/11/2 ... a-shooting" onclick="window.open(this.href);return false;
https://ohioccw.org/200511023398/youngs ... -back.html" onclick="window.open(this.href);return false;
https://www.clevescene.com/scene-and-he ... -guns-back" onclick="window.open(this.href);return false;
http://www.thetruthaboutguns.com/2017/0 ... s-firearm/" onclick="window.open(this.href);return false;
https://www.theblaze.com/news/2013/11/2 ... a-shooting" onclick="window.open(this.href);return false;
https://ohioccw.org/200511023398/youngs ... -back.html" onclick="window.open(this.href);return false;
https://www.clevescene.com/scene-and-he ... -guns-back" onclick="window.open(this.href);return false;
http://www.thetruthaboutguns.com/2017/0 ... s-firearm/" onclick="window.open(this.href);return false;
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"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
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"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
- WY_Not
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Re: interesting question.
Draw up your will now and inform any and all family members that if they ever pull this crap then all assets will be liquidated and given to a pro-gun org.
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Re: interesting question.
I will go lawyer hunting to make the same argument he did.
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- OFCC Patron Member
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Re: interesting question.
Searched the forums for "Derrick Washington" but found nothing. Seems like this would have been a big deal at the time. Since when do I have to immediately tell the cops I have a gun in my car when I'm not in my car.Bruenor wrote:Sure it can happen in Ohio.. here's a few examples. more likely in some jurisdictions than others..
https://www.theblaze.com/news/2013/11/2 ... a-shooting" onclick="window.open(this.href);return false;
- schmieg
- OFCC Coordinator
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Re: interesting question.
Nothing in the statute requires that, though if you are starting to enter your vehicle, I can see that the courts might require such notice if you are stopped during that process.kcclark wrote:Searched the forums for "Derrick Washington" but found nothing. Seems like this would have been a big deal at the time. Since when do I have to immediately tell the cops I have a gun in my car when I'm not in my car.Bruenor wrote:Sure it can happen in Ohio.. here's a few examples. more likely in some jurisdictions than others..
https://www.theblaze.com/news/2013/11/2 ... a-shooting" onclick="window.open(this.href);return false;
-- Mike
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand