Arrested in Lakewood

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Jode21258
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Arrested in Lakewood

Post by Jode21258 »

I am a Geauga county resident. My hand gun was stolen from my car
The car was locked and the gun was in a holster between the front seats
I reported this to the local police in Chesterland and they took the serial number
and said they would check local pawns shops. The officer said because I have an older car with
non electric locks that they have been breaking into cars with flat bars stealing content and
then relocating an closing the doors.
Because I work in Lakewood I also reported with the Lakewood police that it could have been stolen
there. I reported the stolen gun went home and was asked the next day to come back to the station
to answer a few more questions. When I arrived and checked in I was promptly arrested for
not properly securing a handgun. Quite a different response then the Chesterland police.
I now have a court date and may be charged with a felony
medmandan
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Re: Arrested in Lakewood

Post by medmandan »

Lawyer, not posting on the forum.

And methinks there is WAAAAAYYY more to the story.

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Bianchi?
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Re: Arrested in Lakewood

Post by Bianchi? »

I would highly suggest finding a lawyer ASAP and cease posting.
I've had consistently good results with ether.
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Re: Arrested in Lakewood

Post by JustaShooter »

Agreed, stop posting, get a lawyer - a good gun lawyer.

Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
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Re: Arrested in Lakewood

Post by steves 50de »

JustaShooter wrote:Agreed, stop posting, get a lawyer - a good gun lawyer.

Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
I would not put anything past Lakewood, real knuckleheads. If he was Arrested for a city ord that violates ORC 9.68 . I hope they have to pay a price for that blunder. :twisted:
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Re: Arrested in Lakewood

Post by Brian D. »

JustaShooter wrote:
Personally, I'm trying to figure out what the charge is - I can't find anything in the ORC about not properly securing a handgun. Unless it is a local law, which probably violates ORC 9.68...
Yeah, if this all went down as stated by the OP, a good gun-savvy attorney should be anxious to take the case.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Arrested in Lakewood

Post by djthomas »

I don't work in Lakewood but I have heard some cities try to apply the failure to secure a dangerous ordnance statute (2923.19) to the theft of an ordinary firearm. It's a second degree misdemeanor but any competent attorney can turn around and mule kick them in the teeth with it because Ohio law is quite clear on what is and what is not a dangerous ordnance. I've never heard of these charges making it past the prosecutor because while most lawyers are up for a bit of creativity here and there they really don't want to get sanctioned (or worse) for bringing charges in bad faith for which there is absolutely no probable cause.

Another possibility would be unlawful transaction in weapons (2923.20), specifically (A)(5) which makes it a crime to fail to report the theft of a firearm "forthwith." It's a fourth degree misdemeanor. Again, a good lawyer can cut through the garbage here.

I'd love to get the report on this one...
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Re: Arrested in Lakewood

Post by DontTreadOnMe »

I posted in the other thread which was locked and not merged. Reposting here but it's lost its formatting. Sorry about that ...

Do you have a CHL? Do the Lakewood police know that? There is a state law about storing firearms in vehicles but it doesn't apply to those who have a CHL.

Get a lawyer and make sure they're familiar with ORC 9.68 http://codes.ohio.gov/orc/gp9.68v1" onclick="window.open(this.href);return false; which has been upheld by the OH Supreme Court as a general law exception to home rule, and which sates the following:
Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.


Note that this precludes municipal ordinances purporting to cover the above. Storing a gun in a car is clearly a method of "transporting, storing, or keeping" it. The state law on failure to secure dangerous ordnance doesn't apply here as the state definition of dangerous orndnance excludes handguns designed or suitable for sporting purposes.

Also make sure your lawyer knows, and can tell the local prosecutor that, the law provides for awarding court costs and attorney fees in legal challenges to such ordinances.

Beyond that, keep quiet about it until it's over.

Good luck.
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Re: Arrested in Lakewood

Post by djthomas »

Since I expect the OP will keep silent from this point forward, if folks want to do some digging the Lakewood Municipal Court allows you to search cases by schedule here. It seems they do criminal arraignments on Tuesdays. I searched 3/21 and 3/28 and came up with nothing - lot of DCI and weed tickets which is no surprise given what last Friday was. The docketing system doesn't give you much, i.e. no images of the complaints, but you can at least see what section someone is being charged under.
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Re: Arrested in Lakewood

Post by Chuck »

If you would like the names of a couple lawyers, please send me a PM
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Re: Arrested in Lakewood

Post by JustaShooter »

DontTreadOnMe wrote:There is a state law about storing firearms in vehicles but it doesn't apply to those who have a CHL.
Can you point me there? I can't find it.
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Re: Arrested in Lakewood

Post by Chuck »

PM inbound
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Re: Arrested in Lakewood

Post by pirateguy191 »

He/she is an NRA instructor according to a previous post.
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Re: Arrested in Lakewood

Post by glocksmith »

Guy leaves an expensive item...a handgun prized by criminals at that...in plain view in an unoccupied vehicle...and it gets stolen! What's this world comin to? :?
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Re: Arrested in Lakewood

Post by Javelin Man »

glocksmith wrote:Guy leaves an expensive item...a handgun prized by criminals at that...in plain view in an unoccupied vehicle...and it gets stolen! What's this world comin to? :?
Sorta like blaming the college girl for getting raped when she wears a nice looking mini skirt. Let's put the blame where it belongs, on the criminal. Plus, it was in a holster between the seats, nothing said about being in plain sight though I may be wrong about that.
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