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Encounter w/Rocky River PD

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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deanimator
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Location: Rocky River

Encounter w/Rocky River PD

Post by deanimator »

I frequently post comments critical of the police. Here's an obligatory counterpoint.

Last year, I was sitting in the apartment, doing something inconsequential when the doorbell rang. I NEVER get unannounced guests, AND I've gotten my share of death threats from neo-Nazis. Because of this, I never go to the door without my Chief's Special in my hip pocket.

I headed for the front door and ran into the flaky woman who had recently gone into hysterics because I'd taken her finished wash out of the washing machine after it had sat for an hour. She started babbling, "Call the police, call the police, call the police!"

It took me three tries of asking, "Why?" before I got the answer that some sleazy looking guy was ringing all of the doorbells, trying to "social engineer" his way into the building.

I walked to the front door, and sure enough, there was a meth-billy looking dude standing in the vestibule. Given the apparent veracity of the woman's statement, I went back to my apartment and called the Rocky River PD and explained the situation. I went back out again, and Jethro Codeine was still standing in the lobby. The cops showed up in not much more than ten minutes, by which time the suspicious character had left. I let them in, explained the situation and pointed them in the direction of the woman, since I had no direct contact with the individual in question. They went and talked to her, walked around the building, and left.

I think they came about as fast as reasonably could be expected. They were professional and courteous. If the guy had been a real threat, they would have been no use other than to file a report, but again, that's not any reflection on them. And nobody ever was the wiser that I had a loaded handgun in my pocket. I was indoors, on private property, so they didn't need to know anyway. So far, I've been as favorably impressed by the Rocky River PD as any other department.

Now the Cleveland cops I tried to notify face to face of a fistfight in the middle of Lorain Rd., they were another story entirely... :x
Cruiser
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Post by Cruiser »

Actually it is now illegal in Ohio to conceal a handgun on/in private property unless you have a CHL!
Now where the heck did I read that? It surprised me.
DWCol
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Post by DWCol »

There is a difference between "private property" in general, and in your own home. When you rent an apartment with a common outer door / lobby, I'm not sure where that line is drawn.
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deanimator
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Post by deanimator »

DWCol wrote:There is a difference between "private property" in general, and in your own home. When you rent an apartment with a common outer door / lobby, I'm not sure where that line is drawn.
Better tried by twelve than carried by six...
Sheepdog
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Post by Sheepdog »

DWCol wrote:There is a difference between "private property" in general, and in your own home. When you rent an apartment with a common outer door / lobby, I'm not sure where that line is drawn.
So, what you're saying is that in your own home, you're covered with or without a CHL, right? Thanks, I wasn't aware of that. I thought the same as Cruiser.

Along those line, does anyone know how the laws about carrying while under the influence would be applied to your own home? Now, before everyone goes wild, NO, I'm not an alcoholic and don't drink that often, don't drink and drive, don't drink and carry, etc. etc. But (like many) we have friends or family over to the house once in a while and in those cases, yes, I may partake. I've often wondered where the law would stand in that scenerio. For example, party's over, everyone's gone home, we're going to bed and someone starts banging on the front door. Am I breaking the law if the Glock accompanies me to see who's there?? Yes, I realize that if I had to use it, the lawyers would tear me apart, but I'm just wondering if I would be breaking the law by simply carrying it, holding it, etc. in that scenerio. Anyone know?
There are three types of people in the world; the sheep, the wolves and the sheepdogs.

The sheepdogs don't go out hunting for the wolves - they simply protect their flock when the wolves come calling.
DWCol
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Post by DWCol »

This is 2923.12 (E):
(E) It is an affirmative defense to a charge under division (A) of this section of carrying or having control of a handgun other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the handgun and that the handgun was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home, provided that this affirmative defense is not available unless the actor, prior to arriving at the actor's own home, did not transport or possess the handgun in a motor vehicle in a manner prohibited by division (B) or (C) of section 2923.16 of the Revised Code while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
With regards to the "home intoxication" thing, technically you are breaking the law under 2923.15. HOWEVER, I cannot see someone being prosecuted for that offense if you are involved in a legitimate self-defense shooting in your own home. If you are charged with a crime in a situation other than a self-defense shooting, though, I would fully expect to have the first degree misdemeanor charge thrown on the pile:
§ 2923.15. Using weapons while intoxicated.

(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.

(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.
dan_sayers
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Post by dan_sayers »

Regardless, you have a duty to inform even if it's not you they're looking for at the time. I once had to call the police for somebody "terrorizing" where I work. When they arrived, I informed the officer that I was licensed and armed. Not being critical, just encouraging the couple seconds it's going to take. And it doesn't detract from being judged by 12 ;)
"Moderation in the defense of liberty is no virtue." - Ann Coulter
"Liberalism is part of a religious disorder that demands a belief that life is controllable." - Ann Coulter
By their fruits ye shall know them.
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Re: Encounter w/Rocky River PD

Post by NavyChief »

deanimator wrote:I think they came about as fast as reasonably could be expected. They were professional and courteous. If the guy had been a real threat, they would have been no use other than to file a report, but again, that's not any reflection on them.
Yep. Sadly, and I'm not criticizing LE either, but they usually show up in time to draw the chalk outlines. And really, do we want it any other way? Do we want them everywhere, everywhen? I think not. There's a phrase describing that - it's called "police state."
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
TunnelRat
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Post by TunnelRat »

Cruiser wrote:Actually it is now illegal in Ohio to conceal a handgun on/in private property unless you have a CHL!
Now where the heck did I read that? It surprised me.
You got that from me. I was quoting the Ohio Supreme Court's ruling in the Nieto case (no, I'm not going to look up the citation just now...). Anyhow, in the 1920's it was ruled that, under Ohio law, one cannot have a concealed firearm anywhere -- not even on your own private property!

I don't practice law in Ohio, so I've never bothered to follow up to see whether that case has been overturned. Perhaps some of the budding young attorneys (or wannbee's) can do the footwork.

Of course, HB12 has changed that for those who possess CHLs.
deanimator wrote:And nobody ever was the wiser that I had a loaded handgun in my pocket. I was indoors, on private property, so they didn't need to know anyway.
I think I would have had my CHL in my hand and would have notified the officers as soon as they arrived. It was, after all, official police business, not just a casual chat.

BTW, now's you're chance to take that "flaky woman" a cup of tea and ask her how she's doing after all the excitement. You might be able to turn an enemy into a friend (hey, she seemed to know that you were the person to come to when there was trouble...).
TunnelRat

"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago

When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
Sheepdog
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Post by Sheepdog »

TunnelRat wrote:BTW, now's you're chance to take that "flaky woman" a cup of tea and ask her how she's doing after all the excitement. You might be able to turn an enemy into a friend (hey, she seemed to know that you were the person to come to when there was trouble...).
Yeah, excellent point Tom! More of us should have keyed in on that right away. And it probably says something about the way deanimator presents himself to his neighbors - his demeanor and such. I think he should consider that as sort of a pat on the back that her thought was to go to him when she felt in danger! :D

Sheepdog
There are three types of people in the world; the sheep, the wolves and the sheepdogs.

The sheepdogs don't go out hunting for the wolves - they simply protect their flock when the wolves come calling.
Jronjakoh
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Post by Jronjakoh »

Tom,Sheepdog
My exact thoughts also.
They can scream bloody murder,tell everyone," he carries a gun,he carries a gun" but who will they come to when they need help?? Yours truly!!
I put up with that a lot from the frat houses around here Guess its good to know who you can run to until the police arrive.
Americans need not fear the federal government because they enjoy the advantage of being armed, which you possess over the people of almost every other nation. . James Madison.

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deanimator
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Location: Rocky River

Post by deanimator »

Regarding my flaky neighbor, I think she's moved out, but she was REALLY flaky, pretty near "Art Bell" flaky! I found it adviseable to leave her to her own devices, since I think she had some serious mental issues that I didn't care to deal with in somebody I'm not dating. And I wouldn't date somebody like that forewarned!
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