Plain leather as a deadly weapon

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Plain leather as a deadly weapon

Postby sodbuster95 » Mon Jan 07, 2019 1:18 pm

What qualifies as a "deadly weapon" under Ohio law?

Until this morning, I thought it was pretty clear. Per R.C. 2923.11(A), "'Deadly weapon' means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon."

This morning, I was informed by a Lucas County Deputy Sheriff that my interpretation of that fairly straightforward definition is horribly mistaken.

As I usually do when going into the various courthouses I am in on a routine basis, I unholstered my firearm (clearly, a deadly weapon) and secured it in my vehicle. However, I left my Bianchi belt-slide leather holster in place. It has been my long-standing belief that an empty leather holster was just that - a piece of, if not benevolent then at least non-malicious, leather. Once deadly to a cow, perhaps, but that would seem to the extent of any malevolence.

Not so, according to the Lucas County Deputy Sheriff working security at Toledo Municipal Court this morning. Rather, so I was informed, this otherwise nondescript piece of black leather is verboten. Cowhide-non-grata, as it were. Skeptically, I inquired how this was so and was informed that an empty holster does, in fact, constitute a "deadly weapon" under Ohio law. Helpfully, when I disagreed with him, he became physically threatening and stated that he was going "put [me] in custody". Though, to be fair, I'm pretty confident that threat was the result of the daring and unforgivable gall I exhibited in challenging the Deputy's unassailable legal acumen.

After all, I'm just an attorney. What could I possibly know about the law?
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Re: Plain leather as a deadly weapon

Postby WY_Not » Mon Jan 07, 2019 1:55 pm

Really hope you are escalating this to his boss, their boss, and their boss. He either needs educated or he needs a new career or preferably both.
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Re: Plain leather as a deadly weapon

Postby Chuck » Mon Jan 07, 2019 2:00 pm

One of the fellows I was lobbying with this morning at the statehouse was open carrying an empty holster.
One of the Staties guarding the place asked him "Do you have a gun in there?"

My point being, OSHP ain't skeered of no empty holsters
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Re: Plain leather as a deadly weapon

Postby Sevens » Mon Jan 07, 2019 2:05 pm

This deputy is a certified moron that should be outed and educated.
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Re: Plain leather as a deadly weapon

Postby sodbuster95 » Mon Jan 07, 2019 2:48 pm

WY_Not wrote:Really hope you are escalating this to his boss, their boss, and their boss. He either needs educated or he needs a new career or preferably both.


At the risk of LEO-bashing (which is not at all my intent), I expect those sworn to enforce the law to actually *know* the law. As such, I'm drafting correspondence on this incident to the Sheriff, the Presiding Judge, and the Court Administrator.
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Re: Plain leather as a deadly weapon

Postby djthomas » Mon Jan 07, 2019 2:59 pm

He may have been confused with the piece of leather that said holster was attached to, also known as a garrote, capable of crushing a 38 inch neck in my case.
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Re: Plain leather as a deadly weapon

Postby schmieg » Mon Jan 07, 2019 3:20 pm

sodbuster95 wrote:What qualifies as a "deadly weapon" under Ohio law?

Until this morning, I thought it was pretty clear. Per R.C. 2923.11(A), "'Deadly weapon' means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon."

This morning, I was informed by a Lucas County Deputy Sheriff that my interpretation of that fairly straightforward definition is horribly mistaken.

As I usually do when going into the various courthouses I am in on a routine basis, I unholstered my firearm (clearly, a deadly weapon) and secured it in my vehicle. However, I left my Bianchi belt-slide leather holster in place. It has been my long-standing belief that an empty leather holster was just that - a piece of, if not benevolent then at least non-malicious, leather. Once deadly to a cow, perhaps, but that would seem to the extent of any malevolence.

Not so, according to the Lucas County Deputy Sheriff working security at Toledo Municipal Court this morning. Rather, so I was informed, this otherwise nondescript piece of black leather is verboten. Cowhide-non-grata, as it were. Skeptically, I inquired how this was so and was informed that an empty holster does, in fact, constitute a "deadly weapon" under Ohio law. Helpfully, when I disagreed with him, he became physically threatening and stated that he was going "put [me] in custody". Though, to be fair, I'm pretty confident that threat was the result of the daring and unforgivable gall I exhibited in challenging the Deputy's unassailable legal acumen.

After all, I'm just an attorney. What could I possibly know about the law?

Before I retired, I wore empty holsters into just about every courthouse in southwestern Ohio, including the federal one. The only time I've ever been give grief about doing that was when I went to the Social Security Office in Clermont County.
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Re: Plain leather as a deadly weapon

Postby Brian D. » Mon Jan 07, 2019 3:24 pm

Heard of this very thing before. In fact, we've had people on this board state they too were chastised/detained/whatever for daring to wear an empty holster in to a "secure area".

It's like someone so afraid of snakes, that they are frightened by a picture of a snake printed on a t-shirt. I've seen that too.
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Re: Plain leather as a deadly weapon

Postby Brian D. » Mon Jan 07, 2019 3:35 pm

Chuck wrote:One of the fellows I was lobbying with this morning at the statehouse was open carrying an empty holster.
One of the Staties guarding the place asked him "Do you have a gun in there?"

My point being, OSHP ain't skeered of no empty holsters


You missed a chance to go all Bill Engvall (Blue Collar Comedy Tour guy) on the Statie: "Why yes sir, these here are the very first invisible handguns ever invented. Here's your sign!" :lol:
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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