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Gun carry law challenged
By RON SELAK JR. Tribune Chronicle
WARREN - A 62-year-old Howland man arrested while holstering a military-style pistol with Kevlar penetrating bullets is scheduled to make his first court appearance this morning.
Jerry Joseph of Valacamp Avenue S.E. is accused of violating Ohio's conceal and carry law during a traffic stop Monday when police say he failed to tell police he had the weapon concealed while he was in a motor vehicle.
Joseph is scheduled to be arraigned this morning in Warren Municipal Court on charges of carrying a concealed weapon and improperly handling a firearm in a motor vehicle. He is free on $5,500 bond.
Joseph, who has a permit to carry a concealed weapon in Ohio, said he believes he didn't do anything wrong.
Detective Jeff Hoolihan said that after taking Joseph's passenger, William Cindea of Stiles Road N.W. into custody for warrants charging assault and drug possession during the West Market Street traffic stop, backup officers patted down Joseph and found a semi-automatic pistol with 20 rounds of Kevlar piercing rounds - bullets known as "cop killers.''
Police said carrying the gun - which costs in the neighborhood of $900, was first introduced as a military weapon and has the power to penetrate police protective vests - isn't illegal, but police say Joseph failed to inform officers he was licensed to carry, was carrying the weapon and that he had it hidden beneath his jacket.
Ohio law states that while carrying a weapon in a vehicle, it must be in a holster in plain sight, and the carrier must inform police he is licensed and is carrying the weapon. Carriers also can have the gun in a locked glove box or locked box located in plain sight, and must provide their license and a second form of valid identification.
Joseph had a permit issued through the Trumbull County Sheriff's Office to carry the weapon. However, police say it has been temporarily suspended pending the outcome of the criminal charges.
Joseph said he received his permit in November and purchased the weapon and ammunition shortly thereafter in Austintown because it was something relatively new on the market and "supposed to be state-of-the-art.''
"I've never even fired it yet,'' he said.
Joseph said he doesn't understand what he did wrong, adding he threw his license and gun permit on the top of his vehicle after he was outside the vehicle. He said he told police three to four times he was carrying the weapon and waited to show them because of the heated situation.
"I had the permit,'' Joseph said. "Maybe I didn't think right, but I thought I did everything right.''
Detective Michael Krafcik said, according to state law, Joseph should have removed his coat while driving to keep the weapon in compliance with the plain sight stipulation.
Hoolihan said police are not singling out Joseph, saying having a conceal and carry permit is a privilege much like having a driver's license.
"We're not targeting this man,'' Hoolihan said.
http://www.tribune-chronicle.com/news/story/0325202005_new05gun25.asp
They never said what type of handgun it was, only that it was 'military'.....
By RON SELAK JR. Tribune Chronicle
WARREN - A 62-year-old Howland man arrested while holstering a military-style pistol with Kevlar penetrating bullets is scheduled to make his first court appearance this morning.
Jerry Joseph of Valacamp Avenue S.E. is accused of violating Ohio's conceal and carry law during a traffic stop Monday when police say he failed to tell police he had the weapon concealed while he was in a motor vehicle.
Joseph is scheduled to be arraigned this morning in Warren Municipal Court on charges of carrying a concealed weapon and improperly handling a firearm in a motor vehicle. He is free on $5,500 bond.
Joseph, who has a permit to carry a concealed weapon in Ohio, said he believes he didn't do anything wrong.
Detective Jeff Hoolihan said that after taking Joseph's passenger, William Cindea of Stiles Road N.W. into custody for warrants charging assault and drug possession during the West Market Street traffic stop, backup officers patted down Joseph and found a semi-automatic pistol with 20 rounds of Kevlar piercing rounds - bullets known as "cop killers.''
Police said carrying the gun - which costs in the neighborhood of $900, was first introduced as a military weapon and has the power to penetrate police protective vests - isn't illegal, but police say Joseph failed to inform officers he was licensed to carry, was carrying the weapon and that he had it hidden beneath his jacket.
Ohio law states that while carrying a weapon in a vehicle, it must be in a holster in plain sight, and the carrier must inform police he is licensed and is carrying the weapon. Carriers also can have the gun in a locked glove box or locked box located in plain sight, and must provide their license and a second form of valid identification.
Joseph had a permit issued through the Trumbull County Sheriff's Office to carry the weapon. However, police say it has been temporarily suspended pending the outcome of the criminal charges.
Joseph said he received his permit in November and purchased the weapon and ammunition shortly thereafter in Austintown because it was something relatively new on the market and "supposed to be state-of-the-art.''
"I've never even fired it yet,'' he said.
Joseph said he doesn't understand what he did wrong, adding he threw his license and gun permit on the top of his vehicle after he was outside the vehicle. He said he told police three to four times he was carrying the weapon and waited to show them because of the heated situation.
"I had the permit,'' Joseph said. "Maybe I didn't think right, but I thought I did everything right.''
Detective Michael Krafcik said, according to state law, Joseph should have removed his coat while driving to keep the weapon in compliance with the plain sight stipulation.
Hoolihan said police are not singling out Joseph, saying having a conceal and carry permit is a privilege much like having a driver's license.
"We're not targeting this man,'' Hoolihan said.
http://www.tribune-chronicle.com/news/story/0325202005_new05gun25.asp
They never said what type of handgun it was, only that it was 'military'.....
)
Not the real cops.
