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Stopped for OC in Willowick, Ohio

PostPosted: Tue Jun 17, 2008 3:32 pm
by rDigital
In Willowick, OH I was walking down the street and was approached from behind by a police cruiser. I was told to put my hands on my head and to get on my knees, for officer safety I would assume. The officer told me that he was stopping me for carrying a weapon. He stated that a local resident called them to say that I was carrying a firearm. Within a few seconds there were 4 other officers on the scene each with their own vehicle. 1 vehicle was unmarked but it was driven by a uniformed officer. I explained to them that I was not doing anything illegal. The sergeant that showed up stated that I was doing something illegal and that I was infact inducing a panic. I have heard before that this is what officers would say about an openly carried weapon in public. I explained to them that this right is guaranteed to me by the Constitution of the United States of America and that the state of Ohio has even greater protections for the right to bear arms and that I am not here to cause a problem. I was just going to get lunch, and would like to do so in peace. They were notified that I have an CCW permit in the state of Ohio. He told me that I have the permit and that I have to carry concealed. One of the officers said, "what do you think people are going to think when they see you carrying that gun on your hip down the street? With all of the things that have been happening in the media. You know how people are." I stated that he was carrying a gun and that didn't seem to alarm people and that most people who encounter me are very friendly and ask questions about OC'ing. To which he responded that he has a badge and a uniform. The conversation ended with basically I am not allowed to OC in Willowick. The sergeant stated that he was not a gun grabber, but that this was just not acceptable to be OC'ing around here.

I have to hand it to most of the officers for being kind of friendly. The sergeant that I was dealing with was the one driving the situation and was very stern throughout the confrontation. I was not disarmed and was carrying two pistols (Sig P229 OC, Glock 27 CC undershirt). I really respect them for not disarming me.

On a lighter note:
One of the officers told me I would be better off carrying another mag for the Sig instead of the Glock, but I was carrying another mag for the Sig already. He got a laugh out of it as did I. Another officer said that I was more well armed than any of them..and another chimed in "not quite". I didn't see what he was carrying because he was behind me, but I'll take his word for it.


I have the confrontation recorded and converted to mp3. The recording ended at 9:59 seconds, but there was not much of interest after that. The officer basically made me aware that I was not to OC anymore because I would be charged with inducing a panic. I know I did not cover the entire conversation in this post there was a good amount more to it, but I just wanted to get this out there.

I really have to say that I am more than a little intimidated to OC around here anymore. I do have my CCW, but I like to open carry for the comfort (no IWB) and I enjoy educating the lay person of their rights. I don't want to be a test case. Any thoughts, Ideas?

PostPosted: Tue Jun 17, 2008 4:14 pm
by jacksnack
Ahhhhhh...

Inducing panic. They are playing that card again. OCers rarely get charged with this catch-all charge.

I have mixed feelings about OC. But, one thing is clear, it is perfectly legal. Had I been in your shoes (and felt witty) I would have quipped "with all the LEOs receiving bad press from harassing OCers, you think they would leave us alone!" :lol:

They need to get with the program. They do have a duty to respond, but their duty ends there.

PostPosted: Tue Jun 17, 2008 4:24 pm
by McM
Seriously, write to the county district attorney and ask him his official position.

Go from there, if you have the guts and money. If he says it is acceptable, copy the letter and send the to the local PD. If he says it isn't acceptable copy it to the NRA, JPFO, and any other pro-gun group you'd like, and ask for their help and input. At least, that is what I'd do.

edit: I wonder what the police chief and town council have to say on the matter? The next city council meeting is set for June 17, if you'd like to ask the city council their opinions. I assume you are somewhat local to that area?

PostPosted: Tue Jun 17, 2008 6:48 pm
by rickt
What street were you walking down? Vine St.?

PostPosted: Tue Jun 17, 2008 7:10 pm
by Michael
The sergeant that showed up stated that I was doing something illegal

Lie.

and that I was in fact inducing a panic.


Lie.

He told me that I have the permit and that I have to carry concealed.


Lie.

One of the officers said, "what do you think people are going to think when they see you carrying that gun on your hip down the street?


Hopefully they will think, "Now there's a guy who values his rights."

To which he responded that he has a badge and a uniform. The conversation ended with basically I am not allowed to OC in Willowick.


Lie.

The sergeant stated that he was not a gun grabber, but that this was just not acceptable to be OC'ing around here.


That may be his opinion. But it is not the law.

The officer basically made me aware that I was not to OC anymore because I would be charged with inducing a panic.


Well, it's true you might be charged. But it would be a false charge, and probably a case of Deprivation of Rights Under Color of Law.

I really have to say that I am more than a little intimidated to OC around here anymore. I do have my CCW, but I like to open carry for the comfort (no IWB) and I enjoy educating the lay person of their rights. I don't want to be a test case. Any thoughts, Ideas?


Yes... continue to open carry. If the LEOs harass you again, get a lawyer and sue the pants off them.

PostPosted: Tue Jun 17, 2008 7:12 pm
by Michael
jacksnack wrote:OCers rarely get charged with this catch-all charge.

Has an OC'er ever been charged with IP?

PostPosted: Tue Jun 17, 2008 7:20 pm
by color of law
You need to send letters and get this resolved. Inducing panic is bull. I don't call hands on head and down on your knees being treated in a nice manner.

Just because the cops don't like it is tough.

I really have to say that I am more than a little intimidated to OC around here anymore.
You were threatened and that is illegal.

PostPosted: Tue Jun 17, 2008 7:52 pm
by rDigital
I was on Willowick dr walking towards Vine st. I am contacting the Lake County Prosecutor and asking for an official statement so that I can avoid future incidents. Want me to post the mp3 so you all can hear it for yourselves?
I didn't think that they were nice either, but compared to some of the crazy things that I have heard from people who have been "busted" for OC'ing I felt that my experience was less threatening in the physical sense.

I thought they were there to protect my rights not there to scare me for exercising them.

PostPosted: Tue Jun 17, 2008 7:56 pm
by color of law
rDigital wrote:Want me to post the mp3 so you all can hear it for yourselves?
Yes.

PostPosted: Tue Jun 17, 2008 8:00 pm
by Michael
So I must ask... who is policing the police?

PostPosted: Tue Jun 17, 2008 8:17 pm
by AlanM
This may be of help to you, and any others that are stopped open carrying in Ohio.

This is the origional post on another website describing an open carrying incident in Akron involving a CHL holder from Virginia and two of Akron's finest.

Open Carry in Akron

Here is the memo sent out by Sgt. Jeff Mullins, APD Training Bureau.

Open Carry Memo

PostPosted: Tue Jun 17, 2008 8:20 pm
by jabeatty
MP3 file of the event (supplied by rDigital)

{Link revised}

PostPosted: Tue Jun 17, 2008 8:26 pm
by rDigital
it works.

PostPosted: Tue Jun 17, 2008 8:36 pm
by DOCDC1
I am appalled at all of the swearing the officers were spouting. Not only are these paid employees of all of us, their level of IGNORANCE is astonishing. The police chief in that little insignificant burg is an embarrassement. His training of officers is well below standards.

Doc

PostPosted: Tue Jun 17, 2008 8:41 pm
by dan dan the XD40 man
Letter writing campaign, anyone?