My friend Bob's firearm was locked inside a box, inside of a locker inside of his place of business. The box with the firearm was stolen.
Bob reported the firearm stolen to the Maple Heights Police Department back in May I believe.
This was a regular 9mm S&W handgun, nothing strange or fancy.
His sister was driving his car, when she was pulled over they told her that Bob has a warrant out for his arrest.
He turned himself into the Maple Heights Police department today 11/29/2018 and was released on bond. They are charging him with 2923.19 of the ORC which is :
2923.19 Failure to secure dangerous ordnance.
(A) No person, in acquiring, possessing, carrying, or using any dangerous ordnance, shall negligently fail to take proper precautions:
(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
(2) To insure the safety of persons and property.
(B) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree.
Effective Date: 01-01-1974.
From <http://codes.ohio.gov/orc/2923.19v1>
Strangely enough, regular firearms (like Bob's Pistol), are specifically exempted from the definition of "dangerous ordnance" in the ORC. Interestingly enough, the city of Maple Heights has their own ordinance with the same elements as the state law, with the title reading : Failure to secure dangerous ordnance or firearm.
They only gave him the charging affidavit. They would not release any police reports or other documentation of the "crime" to him. Bob has representation on behalf of his employer, but I have been in contact with gun rights attorneys around the state to get more attention on this issue.
Bob goes to work every day. Bob has a license to carry. Bob is a productive citizen with 7 children to take care of at home. This is a disgrace. As usual, process is the punishment. Why did they wait so long to file charges and bogus charges at that? Was the firearm recovered and or involved in a crime? They won't tell him anything. This also goes to show that so-called "safe storage laws" are just another way to lock-up lawful gun owners.
image deleted as requested--m380g
https://www.citymapleheights.com/law Maple Heights Law Department info, also a link to city ordinances
Maple Heights-Man charged after reporting stolen firearm
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
- rDigital
- Posts: 1720
- Joined: Sun Apr 06, 2008 12:40 am
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Maple Heights-Man charged after reporting stolen firearm
It's complete BS. Lakewood tried the same thing to someone on this board and it ended with the law director conceding in open court that Lakewood had a bad law on the books (they had done some old chicanery with the definition of dangerous ordnance). The judge admonished the city and the law director promised to get council to fix the law, which they did after a few months. It wound up costing the guy some $2,500 in legal fees I think and I don't know if he pursued that.
Looking at the charges here they cited him under state code - they didn't even try to charge him under municipal code to which they could claim some degree of ignorance as Lakewood did. There's simply no probable cause here because at no time did the defendant possess a dangerous ordnance and a reasonable officer would be expected to know that. That point is not even a jury question. It's a bad arrest, plain and simple and it will quickly work out in his favor if he has a half-competent lawyer.
The city of course should not oppose his post-dismissal motion to immediately seal his record, and should be prepared to offer at least a few thousand bucks in "nuisance fees" to stave off a slam dunk federal civil rights suit with substantially more downside for the city.
Looking at the charges here they cited him under state code - they didn't even try to charge him under municipal code to which they could claim some degree of ignorance as Lakewood did. There's simply no probable cause here because at no time did the defendant possess a dangerous ordnance and a reasonable officer would be expected to know that. That point is not even a jury question. It's a bad arrest, plain and simple and it will quickly work out in his favor if he has a half-competent lawyer.
The city of course should not oppose his post-dismissal motion to immediately seal his record, and should be prepared to offer at least a few thousand bucks in "nuisance fees" to stave off a slam dunk federal civil rights suit with substantially more downside for the city.
- Chuck
- OFCC Director
- Posts: 4753
- Joined: Mon Nov 16, 2009 7:06 am
- Location: Licking County
Re: Maple Heights-Man charged after reporting stolen firearm
Looks like a slam dunk to me.
The prosecution has to say what this "dangerous ordinance" was.
And I would think he has a very good chance of recouping costs on a 9.68 case after it's over.
IANAL
That's sucks for your friend, big time
The prosecution has to say what this "dangerous ordinance" was.
And I would think he has a very good chance of recouping costs on a 9.68 case after it's over.
IANAL
That's sucks for your friend, big time
Ain't activism fun?
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Maple Heights-Man charged after reporting stolen firearm
9.68 doesn't contemplate this kind of malfeasance. He was charged under an otherwise valid state law that plainly does not apply. The fact that both the law and its municipal equivalent are crystal clear that a normal firearm is not a dangerous ordnance means that a reasonable officer, reasonable supervisor, and reasonable prosecutor are on notice about what it means, thus either knew there was no probable cause for the warrant and subsequent arrest or were recklessly indifferent to same.Chuck wrote:And I would think he has a very good chance of recouping costs on a 9.68 case after it's over.
An arrest without probable cause violates the fourth amendment, so 42 USC 1983 is the way to go. Knowing how municipal insurance carriers I'd expect some quick settlement offer because there's really no factual dispute here. They screwed the pooch on this one and once that becomes apparent they're going to try to get away with the least amount of expense and hassle possible.
-
- Posts: 329
- Joined: Wed Jul 06, 2005 8:13 am
- Location: Brecksville
Re: Maple Heights-Man charged after reporting stolen firearm
Did you also notice that the patrolman, A. Carmine #535, signed off that "I have been advised that I am a necessary witness." and "I have been advised of civil liability."
Sounds to me like A. Carmine just stepped neck deep into a whole bunch of trouble !!!!!
Roger
Sounds to me like A. Carmine just stepped neck deep into a whole bunch of trouble !!!!!
Roger
-
- Posts: 16239
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: Maple Heights-Man charged after reporting stolen firearm
Would be interesting to see A Carmine's personnel "jacket" for similar, previous history. Lawyers can sure do that for a client.rouger10 wrote:Did you also notice that the patrolman, A. Carmine #535, signed off that "I have been advised that I am a necessary witness." and "I have been advised of civil liability."
Sounds to me like A. Carmine just stepped neck deep into a whole bunch of trouble !!!!!
Roger
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
-
- Posts: 2175
- Joined: Sun Mar 15, 2009 9:26 am
- Location: Mount Juliet TN
Re: Maple Heights-Man charged after reporting stolen firearm
Here's what I do not understand. Why on earth was this not immediately dismissed and buried under the biggest granite boulder the city could find as soon as it got before the eyes of someone who knew how to read the statute ? Why is this even still pending? Certainly somebody has already realized that this will not end well for the city. For the life of me, I do not understand why this is not already out the door with major apologies coming his way. Are they really that obstinate or are they just that damn stupid?
ΜΟΛΩΝ ΛΑΒE
- sodbuster95
- OFCC Patron Member
- Posts: 6954
- Joined: Mon Dec 01, 2008 5:14 pm
- Location: Maumee
- Contact:
Re: Maple Heights-Man charged after reporting stolen firearm
Everything about this thing is wrong and djthomas already hit most (if not all) of the high points. So I'll just nitpick paragraph 3 of the complaint that ends with "further says not".
The correct phrase is "Further affiant sayeth naught". Meaning, the person making the statement has nothing additional to say. Meaning, this is not just the wrong phrase, it's in the wrong spot (it should be at the end, obviously).
I dunno...it annoys me when people (including attorneys and law enforcement) parrot phrases they've seen or heard someone else use, but clearly have no idea what the phrases mean or why they're using them.
//Sorry...I'll get off my inconsequential soap box now.
The correct phrase is "Further affiant sayeth naught". Meaning, the person making the statement has nothing additional to say. Meaning, this is not just the wrong phrase, it's in the wrong spot (it should be at the end, obviously).
I dunno...it annoys me when people (including attorneys and law enforcement) parrot phrases they've seen or heard someone else use, but clearly have no idea what the phrases mean or why they're using them.
//Sorry...I'll get off my inconsequential soap box now.
NRA Benefactor Life Member
Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
- Hyflyer
- Posts: 93
- Joined: Thu Dec 06, 2012 9:49 pm
- Location: Eastern Cincinnati / Clermont Co
Re: Maple Heights-Man charged after reporting stolen firearm
The first thing I noticed on that "Complaint" was misspelling "Cuyhoga County" near the top.
I hope Bob gets to take his whole family somewhere very nice for a vacation courtesy of Maple Hts. !
I hope Bob gets to take his whole family somewhere very nice for a vacation courtesy of Maple Hts. !
-
- OFCC Coordinator
- Posts: 3515
- Joined: Sun Mar 13, 2011 5:26 pm
- Location: n.e. ohio
- Contact:
Re: Maple Heights-Man charged after reporting stolen firearm
Can a civil rights lawsuit not be filed in federal court right now.
Black Rifles Matter
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Maple Heights-Man charged after reporting stolen firearm
Technically yes but it would be stayed until the resolution of the charges. Federal courts don't normally get into the business of interpreting state statutes when there is a competent court of jurisdiction poised to do so.steves 50de wrote:Can a civil rights lawsuit not be filed in federal court right now.
- deanimator
- Posts: 7863
- Joined: Fri Mar 24, 2006 7:34 pm
- Location: Rocky River
Re: Maple Heights-Man charged after reporting stolen firearm
What exactly does "sealing" his record do for him?djthomas wrote:The city of course should not oppose his post-dismissal motion to immediately seal his record, and should be prepared to offer at least a few thousand bucks in "nuisance fees" to stave off a slam dunk federal civil rights suit with substantially more downside for the city.
If the arrest was at all publicized, it'll be online... FOREVER.
The city is utterly powerless to cleanse the media of the information.
A retraction will NEVER be made, especially if only the arrest was reported. And even if it is retracted, only the initial arrest will be remembered.
How can damage to his reputation be mitigated by the city, AT ALL?
Why should he settle for a pittance which doesn't even come close to compensating him for his damages? And that's not counting attorney's fees.
Life comes at you fast. Be prepared to shoot it in the head when it does.
- djthomas
- Posts: 5961
- Joined: Sun Jan 22, 2006 11:09 am
Re: Maple Heights-Man charged after reporting stolen firearm
It will allow him to legally deny that the incident ever happened and it will prohibit any public agency with information on the case from further disseminating information about it, six months, a year, five years from now, whether on its own or in response to a public records request. That's worth something.deanimator wrote:What exactly does "sealing" his record do for him?
At this point the only publication of this gent's arrest has occurred right here in this thread by someone other than him. In fact now that enough of our forumites have seen the first post maybe it should be edited to remove the complaint. Advice was sought and given, we don't need the particulars of this guy's case here anymore, unless of course he were to come here himself and ask it to be. The Lakewood case came and went with zero publicity.deanimator wrote:If the arrest was at all publicized, it'll be online... FOREVER
Even our favorite anti-gun mouth piece, cleveland.com has recently adopted a "right to be forgotten" policy that's rather generous towards people who have been falsely accused of crimes.
A very valid point, but again does the media have it right now?deanimator wrote:The city is utterly powerless to cleanse the media of the information.
Only he can decide, but from what OP states this was stolen from his place of employment and his employer is helping provide legal counsel. Clearly it hasn't impaired his reputation with his employer to say the least.deanimator wrote:How can damage to his reputation be mitigated by the city, AT ALL?
That's up to him to decide. Maybe he'll even decide not to pursue it further. There is a very real downside to filing a federal civil rights suit. It will cause exactly the kind of publicity that so far this incident has not generated. If this case goes away quickly and quietly and the official records are sealed before the media really gets wind of things, then why not take a settlement that covers your costs plus something for your time and trouble that allows you to quickly move on? Again back to the Lakewood case, it never made the news, which may explain why the victim didn't go marching into federal court demanding millions.deanimator wrote:Why should he settle for a pittance which doesn't even come close to compensating him for his damages? And that's not counting attorney's fees.
-
- Posts: 331
- Joined: Thu Feb 09, 2006 7:30 am
- Location: Loveland, OH
Re: Maple Heights-Man charged after reporting stolen firearm
If you can stand the heat, you do it to punish them and make it hurt enough that they will not try it again. Otherwise, it is business as usual.
- deanimator
- Posts: 7863
- Joined: Fri Mar 24, 2006 7:34 pm
- Location: Rocky River
Re: Maple Heights-Man charged after reporting stolen firearm
But it DID happen.djthomas wrote:It will allow him to legally deny that the incident ever happened and it will prohibit any public agency with information on the case from further disseminating information about it, six months, a year, five years from now, whether on its own or in response to a public records request. That's worth something.deanimator wrote:What exactly does "sealing" his record do for him?
If asked if he'd been arrested on a job application, for a security clearance, or other reason, could he not be denied employment, terminated or even prosecuted? If applying for a TS/SBI (or higher) could he REALLY lie to a DISCO, OPM or FBI interviewer without consequences?
This could conceivably follow him around for the rest of his life. Who pays for THAT?
As somebody else pointed out, there needs to be serious negative reinforcement for such behavior, rather than "no harm no foul".
Life comes at you fast. Be prepared to shoot it in the head when it does.