Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

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.

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ROME
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by ROME »

Congratulations on the victory
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by CroManGun »

Congratulations on your triumph of right over might. Much respect, also, to the judge for seeing through all the BS of the prosecution.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by MyWifeSaidYes »

Sorry I've been absent, folks! Busy season.

Michael summed it up pretty well. This judge makes me want to request a change of venue to Youngstown for any future cases! :P

Much fun was had watching the prosecutor "leading" his witnesses through this hearing. The arresting officer, on direct, plainly stated that the defendant was on the sidewalk when he first saw him, crossed the street and was on the other sidewalk when stopped. Nothing about "walking in the street where a sidewalk is provided".

I think that deep-six's the MM jaywalking ticket. And the CCW is effectively gone.

I think there is a motion to dismiss in Michael's future.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by SC-JG »

Joshs9mXD wrote:So guys are we going for a stroll? 8)
Can't help it....this came to mind...I got boots :wink:
http://youtu.be/yRkovnss7sg" onclick="window.open(this.href);return false; ( These Boots Are Made For Walking)
...peace out
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Michael Porschien »

Firearm returned, 12/24/12, around 11:45 or so. Open carried home without incident. I practiced flexing my rights a little with the cops at the evidence room, they seemed determined to discover the circumstances surrounding why the weapon was in their possession, but telling them i had a court order demanding its return a few times seemed to shut them up. They did, of course, refuse to give me my ammo, but i caught them and the Captain in yet another lie on tape, and am planning on enforcing their return or replacement. if the stop was bad, the search was bad, and the seizure was bad, they cant return one thing and keep all my ammo, that's a lot of money for JHP's they stole. To Color of Law's question about a trial date set, there is a (hopefully) final pretrial set for 1/18/13, although i can't imagine why they would need a trial to dismiss the case. They clearly do not have anything to go on, and neither do they have any evidence for the MM walking in the roadway, since it was so thoroughly debunked by Judge Kobly. My attorney hinted at the possibility that the prosecution will attempt to appeal the judge's bench decision regarding the suppression of the knife, but she wasn't sure of that.

So, all in all, not a bad Christmas Eve. The best part is that now we can proceed to the fun stuff; organizing an event or two in Youngstown to educate both the police and the public about the legality of open carry. I understand that it's the holidays, and that the probability of anything happening before the first of the year is a slim one, but I for one am willing to wait for less busy times, and warmer climes. (Ha, i rhymed.)

Details to come on any such event, though if i could get a headcount of those willing to participate, that would be a great help in finding a venue. This same post was made to the Opencarry forum as well, and i will be planning with both groups to ensure the largest turnout i can get.

Finally, and i have been remiss in this lately, a heartfelt Thank You! to everyone that posted on this and other threads, who contacted me with information or support, or called Youngstown officials on my behalf to express their displeasure with the lack of professionalism of the YPD. You all are the reason i've been able to not only get my property back, but also keep my record clean and hopefully even personally educate the officers involved about constitutional rights. So again, thank you all!! and Merry Christmas.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Werz »

Michael Porschien wrote:I can't imagine why they would need a trial to dismiss the case. They clearly do not have anything to go on, and neither do they have any evidence for the MM walking in the roadway, since it was so thoroughly debunked by Judge Kobly. My attorney hinted at the possibility that the prosecution will attempt to appeal the judge's bench decision regarding the suppression of the knife, but she wasn't sure of that.
A trial date can be set because suppression of evidence may not completely dispose of the case. In many cases, the evidence suppressed may be helpful to the prosecution but not absolutely necessary to prove the case beyond a reasonable doubt. I don't think yours is one of those cases, but the judge does not have the authority to make that decision, so the pretrial conference will be where the judge asks the prosecution whether or not they intend to dismiss the case. If the prosecutor intends to appeal, the notice of appeal will need to be filed by the end of the day on Wednesday.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by TunnelRat »

Nice work, all!

This may bode well for the new year.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Metal1 »

Count me in for an Open Carry walk. We should also hit Poland while we're all in the area. They have a sign at the entrance to their park stating no firearms or weapons allowed. I've tried unsuccessfully to get it removed but they persist.

Very happy for you Michael! Great job! Don't forget to invite your Attorney. :)
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by farblue »

Michael Porschien wrote: Details to come on any such event, though if i could get a headcount of those willing to participate, that would be a great help in finding a venue. This same post was made to the Opencarry forum as well, and i will be planning with both groups to ensure the largest turnout i can get.
I was born and raised in Y-town. I'd be up for a walk.
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Bianchi?
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Bianchi? »

I'm game for an open carry walk.
I've had consistently good results with ether.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by pirateguy191 »

I'm in for any type of walk.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by carmen fovozzo »

pirateguy191 wrote:I'm in for any type of walk.
You can use it......Last time I saw a body like yours it had a harpoon in it..... :P

I'm in if it is on a SUNDAY.....
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Mrs. Daspirate »

carmen fovozzo wrote:
pirateguy191 wrote:I'm in for any type of walk.
You can use it......Last time I saw a body like yours it had a harpoon in it..... :P

I'm in if it is on a SUNDAY.....
what he said. Sundays I'm all about it.
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Bianchi?
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by Bianchi? »

carmen fovozzo wrote:
You can use it......Last time I saw a body like yours it had a harpoon in it..... :P

I'm in if it is on a SUNDAY.....
Dang, carmen, you've got claws. :D
I've had consistently good results with ether.
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Re: Youngstown Ohio Open Carry Arrest (CCW of Pocket Knife)

Post by pirateguy191 »

Mrs. Daspirate wrote:
carmen fovozzo wrote:
pirateguy191 wrote:I'm in for any type of walk.
You can use it......Last time I saw a body like yours it had a harpoon in it..... :P
what he said.
You calling me fat too, piratelady?
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