Cleveland Police arrest guy for shotgun in his hand

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
Posts: 5751
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: Cleveland Police arrest guy for shotgun in his hand

Post by schmieg »

BillytheKidder wrote:From the audio I've heard, there were some on the scene advising against arrest and it was ignored.
It was the sergeant who made the error.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
User avatar
BB62
Posts: 2601
Joined: Thu Jul 07, 2005 12:57 pm
Location: Cincinnati, OH

Re: Cleveland Police arrest guy for shotgun in his hand

Post by BB62 »

I've reached out to the phone number listed on the Fascistbook page of New Era Cleveland, and invited a return phone call.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

Got Freedom?

Accountant, Computer & Management Consultant
Scuba Diver, NRA Life Member, NRA Instructor
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
Posts: 705
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: Cleveland Police arrest guy for shotgun in his hand

Post by 3FULLMAGS+1 »

BB62 wrote:I've reached out to the phone number listed on the Fascistbook page of New Era Cleveland, and invited a return phone call.
And I bet they call you back....lol
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
docachna
Posts: 2175
Joined: Sun Mar 15, 2009 9:26 am
Location: Mount Juliet TN

Re: Cleveland Police arrest guy for shotgun in his hand

Post by docachna »

JustaShooter wrote:
Regardless, being a "dumbass" isn't a crime......
Just noticed this exquisite quote for the first time.

Boy, if THAT ain't the truth............
ΜΟΛΩΝ ΛΑΒE
User avatar
BB62
Posts: 2601
Joined: Thu Jul 07, 2005 12:57 pm
Location: Cincinnati, OH

Re: Cleveland Police arrest guy for shotgun in his hand

Post by BB62 »

3FULLMAGS+1 wrote:
BB62 wrote:I've reached out to the phone number listed on the Fascistbook page of New Era Cleveland, and invited a return phone call.
And I bet they call you back....lol
They may not, but I consider it better to have reached out and been ignored than having not tried at all.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

Got Freedom?

Accountant, Computer & Management Consultant
Scuba Diver, NRA Life Member, NRA Instructor
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

Here is the complaint:
https://storage.courtlistener.com/recap ... 08.1.0.pdf" onclick="window.open(this.href);return false;

Here is the answer:
https://storage.courtlistener.com/recap ... 08.6.0.pdf" onclick="window.open(this.href);return false;

Basically the City is saying the other guy did it, you know, the guy sitting in that empty chair and you have not named that guy as a party.

The City admits that Plaintiff was arrested on May 23, 2022, for carrying concealed weapons and inducing panic, and that the case
was “no billed” after being submitted to the Grand Jury. But with that said, the City claims their intitled to qualified immunity because the city made a lawful arrest.

The problem is the City cannot overcome Northrup v. City of Toledo Police Dept., 785 F. 3d 1128 - Court of Appeals, 6th Circuit 2015.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

"Feb 1, 2023
Order of Dismissal. The Court held a mediation on February 1, 2023, at which time the parties reached a settlement. Accordingly, this case is dismissed with prejudice, each party to pay its own costs. The Court retains jurisdiction to ensure that the settlement agreement is executed. Signed by Judge Dan Aaron Polster on 2/1/2023. (K,K) (Entered: 02/01/2023)"

https://storage.courtlistener.com/recap ... 8.15.0.pdf" onclick="window.open(this.href);return false;

The fat lady has sung.

Time to do a open records request.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

I've been informed that the agreement has not been set in writing. That document is supposed to be complete in approx. two weeks.
User avatar
BB62
Posts: 2601
Joined: Thu Jul 07, 2005 12:57 pm
Location: Cincinnati, OH

Re: Cleveland Police arrest guy for shotgun in his hand

Post by BB62 »

Bearable wrote:I've been informed that the agreement has not been set in writing. That document is supposed to be complete in approx. two weeks.
Good to know.

Thanks for the info, and looking forward to the update.

There is simply no excuse for charging him with a crime (having a CONCEALED weapon) that they knew for a fact wasn't the case.

While I think that *legally* what he did as far as carrying his shotgun in his hand may not have qualified as "inducing panic", and knowing little about the man and whether or not he was known to police, I think that his chosen method of carry was unwise and unnecessarily provocative.

Still, I'd love to talk to him, because seemingly he and his fellows live in somewhat of a "war zone" - the circumstances of which I'd like to better understand.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

Got Freedom?

Accountant, Computer & Management Consultant
Scuba Diver, NRA Life Member, NRA Instructor
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

I have been informed by the attorney the agreement is close to being completed. He said to check with him next Thursday, which I will do.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

I was just informed that it will be another week. If they don't have it next week I will call the judge's chambers and ask why this settlement has not been completed in a timely fashion.
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Brian D. »

Got an update for us?
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

Brian D. wrote: Mon Mar 13, 2023 7:15 pm Got an update for us?
Called last Thursday. Was told to call today. I will later. Attorney said the defendant is the hold-up.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

Bearable wrote: Wed Mar 15, 2023 6:55 am
Brian D. wrote: Mon Mar 13, 2023 7:15 pm Got an update for us?
Called last Thursday. Was told to call today. I will later. Attorney said the defendant is the hold-up.
Well, well, well. There is status conference scheduled for Friday morning. The purpose is to find out why the defendant has not signed the agreement. I will be checking next week on status.
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

I made a whoops. I referred to the party twice as not signing the settlement as the defendant. Whoops - he is the plaintiff.
Post Reply