Conceal-carry permit holder arrested

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will74
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Conceal-carry permit holder arrested

Post by will74 »

DAYTON, Ohio — A CCW permit holder was arrested after Dayton police made a routine traffic stop for tinted windows and erratic driving. Darrius Reynolds, 29, of Dayton, was placed under arrest for improperly handling a firearm after police stopped him in the 100 block of Court Street early Saturday, according to the police report. As an officer approached the driver’s side window to make contact with Reynolds, officer’s observed Reynolds move his .40 caliber glock from his left side to his lap in plain view. Story can be found here http://www.whiotv.com/news/news/local/c ... ted/nPpFm/" onclick="window.open(this.href);return false;
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AndMetal
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Re: Conceal-carry permit holder arrested

Post by AndMetal »

ORC 2923.16 - Improperly handling firearms in a motor vehicle wrote:(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following :

...

(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer
Sounds legit. This is why I keep my hands on the wheel except to roll down the window after being pulled over (which hasn't happened in a while).
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BobK
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Re: Conceal-carry permit holder arrested

Post by BobK »

AndMetal wrote:
ORC 2923.16 - Improperly handling firearms in a motor vehicle wrote:(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following :

...

(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer
Sounds legit. This is why I keep my hands on the wheel except to roll down the window after being pulled over (which hasn't happened in a while).
You are quoting the part the officer was least worried about, (3). If his hands were out of sight, he likely would have gotten a pass. But handling the gun (4) was a guaranteed arrest:
(4) Knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
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Re: Conceal-carry permit holder arrested

Post by carmen fovozzo »

Dumb....
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Re: Conceal-carry permit holder arrested

Post by jburtonpdx »

carmen fovozzo wrote:Dumb....
yep wonder why he would even think about doing that?
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Re: Conceal-carry permit holder arrested

Post by Javelin Man »

I think the key words are "plain sight". Whadya think he was trying to put his gun in plain sight instead of on his left holster because the officer was approaching? He may not have kept up with the law changes since its inception in 2004.

Just spit ballin' here and giving a reasonable explaination.
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Re: Conceal-carry permit holder arrested

Post by Brian D. »

Yeah, sounds like if he'd just let the gun be and focused on remembering to promptly notify, he'd have been down to concerning himself with the reasons cited for the stop, which may have been non-starters with the police when all was said and done.
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Tweed Ring
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Re: Conceal-carry permit holder arrested

Post by Tweed Ring »

I believe interaction with the police during a traffic stop will be the most prevalent contact our trainees will have with the police. This is the reason we have students role-play such encounters.
Last edited by Tweed Ring on Sun Jul 08, 2012 10:52 am, edited 1 time in total.
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Re: Conceal-carry permit holder arrested

Post by sodbuster95 »

carmen fovozzo wrote:Dumb....
That about sums it up.
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Re: Conceal-carry permit holder arrested

Post by MyWifeSaidYes »

sodbuster95 wrote:
carmen fovozzo wrote:Dumb....
That about sums it up.
Yep.
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Re: Conceal-carry permit holder arrested

Post by MrKitty »

Hey, guys! Let's be nice and give him the benefit of the doubt. Maybe he was just getting ready to twirl it? :twisted:
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Re: Conceal-carry permit holder arrested

Post by Jake »

Tweed Ring wrote:I believe interaction with the police during a traffic stop will be the most prevalent contact our trainees will have with the police. This is the reason we have students role-play such encounters.
I think that's a pretty good idea.
In fact, one I may "steal".
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Re: Conceal-carry permit holder arrested

Post by Tweed Ring »

With my compliments...
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Re: Conceal-carry permit holder arrested

Post by BobK »

Tweed Ring wrote:I believe interaction with the police during a traffic stop will be the most prevalent contact our trainees will have with the police. This is the reason we have students role-play such encounters.
You know, I have been reading you say that for years, and like most wisdom, it gets even better with age . . .
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Beskar'gam
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Re: Conceal-carry permit holder arrested

Post by Beskar'gam »

Oh dear, well, I would go with benefit of the doubt - perhaps he was attempting to place the weapon in plain sight, but under current law - completely unnecessary. Did he deserve to be arrested? Probably not. But I can understand it from the officer's perspective, traffic stops are already high-stress enough for them - I'd have a hard time not walking up to an unknown person in a random car without at least the retention snap undone
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