I hope the OP is monitoring our discussions about the ordnance ordinance.djthomas wrote:Looks like Lakewood has never caught its municipal ordinances up. For example, it still clings to 2923.12 and 2923.16 as they existed prior to 2004. Seems to me they've got a bigger 9.68 compliance issue other than their cute interpretation of dangerous ordnance. Incidentally, even with their inclusion of semi-automatic firearms in the definition of dangerous ordnance, they then pretty much mirror the state law exclusions, which includes pistols, rifles, and shotguns suitable for sporting purposes unless they are automatic or sawed-off. Lakewood actually takes it a step farther by including marksmanship competitions as an example of what sporting means. Even if you wouldn't hunt with a particular handgun just about any handgun is suitable for marksmanship competitions.
So 9.68 might not even come into play when the ordinance itself provides the exemption, making it even more indefensible.
As an aside, I wonder if they've ever charged city employees who live in the city and have asemi-automaticdangerous ordnance in their home without a license, because looking over their exemptions section even their police officers are not exempt when it comes to weapons possessed for personal use, 549.98.
Arrested in Lakewood
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
- schmieg
- OFCC Coordinator
- Posts: 5757
- Joined: Mon Jul 04, 2005 11:11 pm
- Location: Madeira, Ohio
Re: Arrested in Lakewood
-- 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
- Glock Rock
- Posts: 993
- Joined: Mon Jul 04, 2005 8:50 am
- Location: Belly of the Beast (Cleveland)
Re: Arrested in Lakewood
I hope the low information patrolmen, sergeants, and city prosecutor are.
- AlanM
- Posts: 9435
- Joined: Mon Jul 04, 2005 1:38 am
- Location: Was Stow, OH now Charlottesville, VA
Re: Arrested in Lakewood
Unfortunately my current diet doesn't allow it or I would be making a BIG bowl of heavily buttered and salted popcorn right now.
I WILL be following this one.
My last wife's parents lived on Warren Rd in Lakewood but luckily I never tangled with law enforcement during those years.
I WILL be following this one.
My last wife's parents lived on Warren Rd in Lakewood but luckily I never tangled with law enforcement during those years.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
-
- Posts: 6
- Joined: Wed Jul 20, 2011 10:04 pm
Re: Arrested in Lakewood
Update ...case was dropped by Lakewood Minicipal Court.
The defendant was charged with failure to secure dangerous ordnance in violation of Lakewood Codified Ordinance 549.06. The defendant raised the issue of the validity of Lakewood Codified Ordinance 549.06 as the ordinance is inconstant with and broader in scope than R.C. 2923.19.
The defendant based his claim of the invalidity of the Lakewood ordinance on Ohioans for Concealed Carry, inc. v. Cleveland, 8th. Dist. Cuyahoga, No. 104970, 2017-Ohio-1560, which invalidated a Cleveland ordinance that was inconsistent with R.C. 2923.19 and 2923.21(A). As the court noted: In Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318, the Ohio Supreme Court held that "R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority." As recognized in the Cleveland v. State,
Thanks to this claim filed by the The Ohioans for Concealed Carry my case was thrown out,
Unfortunately it cost me 6,000 dollars and many hours of my time that was not a legal arrest
The defendant was charged with failure to secure dangerous ordnance in violation of Lakewood Codified Ordinance 549.06. The defendant raised the issue of the validity of Lakewood Codified Ordinance 549.06 as the ordinance is inconstant with and broader in scope than R.C. 2923.19.
The defendant based his claim of the invalidity of the Lakewood ordinance on Ohioans for Concealed Carry, inc. v. Cleveland, 8th. Dist. Cuyahoga, No. 104970, 2017-Ohio-1560, which invalidated a Cleveland ordinance that was inconsistent with R.C. 2923.19 and 2923.21(A). As the court noted: In Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318, the Ohio Supreme Court held that "R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority." As recognized in the Cleveland v. State,
Thanks to this claim filed by the The Ohioans for Concealed Carry my case was thrown out,
Unfortunately it cost me 6,000 dollars and many hours of my time that was not a legal arrest
-
- OFCC Coordinator
- Posts: 6811
- Joined: Fri Jul 22, 2005 9:18 am
- Location: Amish Country, Wayne County
Re: Arrested in Lakewood
I am happy that the case was dismissed. Congratulations!
Lately, it seems that the process is the punishment. You were punished by hours of labor, stress and $6000 for doing a legal activity. Glad it was no worse than it was.
Lately, it seems that the process is the punishment. You were punished by hours of labor, stress and $6000 for doing a legal activity. Glad it was no worse than it was.
RIFLEWOMAN, wife of a RIFLEMAN, mom of 9, NRA life member, OFCC Patron member!
- Michael
- Posts: 814
- Joined: Mon Jul 03, 2006 10:46 pm
- Location: Champaign County
- Contact:
Re: Arrested in Lakewood
$6000 is much cheaper than being found guilty of a gun crime.Jode21258 wrote:Thanks to this claim filed by the The Ohioans for Concealed Carry my case was thrown out,
Unfortunately it cost me 6,000 dollars and many hours of my time that was not a legal arrest
The rifle is God's gift to the rifleman. - Fred
-
- Posts: 24
- Joined: Wed Jan 11, 2017 8:22 pm
- Location: Cleveland, OH
Re: Arrested in Lakewood
A couple of lessons to be learned from this situation:
1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).
2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).
2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
- DontTreadOnMe
- OFCC Patron Member
- Posts: 1750
- Joined: Wed May 02, 2012 11:11 am
- Location: SW Ohio
Re: Arrested in Lakewood
Congratulations! I know spending that much of your own money sux, but this is a much better outcome than being found guilty & having to go through the appeals process.
- WY_Not
- OFCC Patron Member
- Posts: 2435
- Joined: Wed May 02, 2007 10:15 pm
- Location: Miami County, OH
- Contact:
Re: Arrested in Lakewood
3. Quit making excuses for criminals. Whether my property is locked in a box or sitting in plain sight, it is still my property. If you take it you are a thief. Thieves (and criminals) need to be punished, not the victim.
Thanlon23 wrote:A couple of lessons to be learned from this situation:
1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).
2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
- schmieg
- OFCC Coordinator
- Posts: 5757
- Joined: Mon Jul 04, 2005 11:11 pm
- Location: Madeira, Ohio
Re: Arrested in Lakewood
No one is making excuses for criminals. The advice is good. You control the things you can control. You can't control the criminal, but you can make it difficult for him which might either (a) deter him or (b) cause him to spend enough time and make enough noise that he will be caught. The OP should never have been charged, but we can't control the anti-gun idiots who will do whatever they can to make life uncomfortable for us. So we take reasonable precautions to attempt to make our own lives more comfortable.WY_Not wrote:3. Quit making excuses for criminals. Whether my property is locked in a box or sitting in plain sight, it is still my property. If you take it you are a thief. Thieves (and criminals) need to be punished, not the victim.
Thanlon23 wrote:A couple of lessons to be learned from this situation:
1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).
2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
-- 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
- WY_Not
- OFCC Patron Member
- Posts: 2435
- Joined: Wed May 02, 2007 10:15 pm
- Location: Miami County, OH
- Contact:
Re: Arrested in Lakewood
Apologies for my 3rd point, it was NOT aimed at anyone here. It was aimed at the LEOs and elected officials who seek to make life harder for the LAC than for actual criminals.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
-
- OFCC Member
- Posts: 1228
- Joined: Tue Dec 18, 2012 8:23 am
- Location: NW Ohio
Re: Arrested in Lakewood
With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
Acquisitions thus far:
-Slingshot
-Butter knife
-Soda straw and peas
-Sharpened pencil
-Newspaper roll
--water balloon (*diversionary*)
Yeah, I'm that good
-Slingshot
-Butter knife
-Soda straw and peas
-Sharpened pencil
-Newspaper roll
--water balloon (*diversionary*)
Yeah, I'm that good
- JediSkipdogg
- Posts: 10257
- Joined: Sun Jul 27, 2008 3:03 pm
- Location: Batavia
- Contact:
Re: Arrested in Lakewood
Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
Carrying Concealed Handguns - Signage Answers
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
- JustaShooter
- OFCC Coordinator
- Posts: 5810
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Arrested in Lakewood
I wonder if this qualifies as "prevailing in a challenge to an ordinance" under ORC 9.68? If so, shouldn't he be awarded costs and reasonable attorney's fees?JediSkipdogg wrote:Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
http://codes.ohio.gov/orc/gp9.68" onclick="window.open(this.href);return false;
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
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!
- JediSkipdogg
- Posts: 10257
- Joined: Sun Jul 27, 2008 3:03 pm
- Location: Batavia
- Contact:
Re: Arrested in Lakewood
If he files it under that then yes. The problem has been OFCC has never won a case on initial trial that hasn't been appealed to some level. So while 9.68 is nice, one better find an attorney willing to go the route. And most attorneys going that route want money up front as there is no guarantee on winning money, that part is up to the judge and that word reasonable can really bite one in the behind. Also, say you win at the local level, court provides you fees, city appeals and they win. You take it to the next level. Do you get money from the previous two attempts? Id have to look up OFCC cases, but I don't think the original Cleveland case that we were given money for all levels of fighting.JustaShooter wrote:I wonder if this qualifies as "prevailing in a challenge to an ordinance" under ORC 9.68? If so, shouldn't he be awarded costs and reasonable attorney's fees?JediSkipdogg wrote:Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
http://codes.ohio.gov/orc/gp9.68" onclick="window.open(this.href);return false;
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
Carrying Concealed Handguns - Signage Answers
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.