It is my understanding that pointing a gun at someone constitutes Aggravated Menacing and that a police officer needed an articulable reason for doing so. Maybe not anymore. In a recent incident in Ohio a CCW holder on his way to the State House to testify about Ohio CHL law pulled into a parking lot when he became fatigued and sleepy. As mandated by Ohio law which requires, that a CHL holder who is armed in a motor vehicle must have the firearm in a holster "In
Plain Sight" attached to their person. The CHL holder did so with his firearm in plain sight. A passerby apparently spotted him and made a "man with a gun call" The responding units ran his plates which verified the CHL status. The CHL holder was awakened by at least 8 police 0fficers at gun point. Their excuse was the usual "we wanna go home safe at the end of our shift". The CHL holder has taken no action against the officers involved. Personally I would have been looking for aggressive legal representation, with the view of charging all involved both criminally and civilly. I'm sure the local Prosecuting Attorney would have dropped the criminal charges and there is apparently not much I could do about that. But I would have filed them anyway. As for the civil suit, my attorney would have to agree that any settlement would involved the officers paycheck or were going to trial. I'm not looking for an LEO bashing fest here, but I do feel that only a lawsuit against the LEOs personally will achieve the desired effect.
Plain Sight" attached to their person. The CHL holder did so with his firearm in plain sight. A passerby apparently spotted him and made a "man with a gun call" The responding units ran his plates which verified the CHL status. The CHL holder was awakened by at least 8 police 0fficers at gun point. Their excuse was the usual "we wanna go home safe at the end of our shift". The CHL holder has taken no action against the officers involved. Personally I would have been looking for aggressive legal representation, with the view of charging all involved both criminally and civilly. I'm sure the local Prosecuting Attorney would have dropped the criminal charges and there is apparently not much I could do about that. But I would have filed them anyway. As for the civil suit, my attorney would have to agree that any settlement would involved the officers paycheck or were going to trial. I'm not looking for an LEO bashing fest here, but I do feel that only a lawsuit against the LEOs personally will achieve the desired effect.