(OH) Gun toter charged despite license

[Drizzt]

Gun toter charged despite license
Monday April 02 2007, 6:54am

PERKINS TWP.

A Sandusky man was charged with improper handling of a firearm even though he had a license to carry it.

Larry F. Fearing, 54, was charged with improper handling of a concealed weapon for the incident at an area gas station.

He was there to pick up his wife from work.

He was reportedly seen carrying his hand gun in his front pants pocket, even though he said he was trying to keep it out of sight.

When Perkins police arrived, they ordered Fearing and his passenger out of their vehicle, asking him to back up and drop to his knees before they handcuffed him, according to reports.

Fearing's gun was found in the his car's dashboard console. It was loaded with the safety on, police said.

http://www.sanduskyregister.com/art.../cop_and_courts/doc4610dc1d26f1f326072059.txt

 

[Ratzinger_p38]

Huh? Howd this happen? Doesnt this violate the law as of earlier last month?

 

[El Tejon]

What have we said about pocket carry at THR? Right, don't do it.

Another person in jail because of gun shop commando advice. Wonder if he was told "it's all you need"?

 

[mike101]

Palehorse Holsters

This company makes some very nice pocket holsters with anti-print panels, so it looks like you're carrying a wallet or PDA. I have one of their Back Pocket Holsters, myself. I also have a Night Owl. Both are beautifully made, and were worth the wait.

http://palehorseholsters.com/pocket.htm

 

[ceetee]

I'm not sure I understand which part of that story is actually against the law... Pocket carry? Or glovebox carry? Having the safety on? I guess I just don't get it.

 

[FieroCDSP]

Concealed means concealed. Invisible to the average panic-monger. Even then, I've often wondered why, in a state that has only local ordinances in very few places against open carry (are those killed by the revised gun law?), why there is an issue with going from concealed carry one moment to open carry the next.

Is there a requirement in the new law that says a gun MUST be in a holster? It sounds like that is the only issue they're trying to get him on:Unsafe transport, or other such nonsense. I'm all for safe transport in a holster, but I don't see how they can actually get him on something here.

 

[lacoochee]

I am still confused how was he improperly handling a firearm?

FWIW, I carry in desantis pocket holster all of the time, there aren't really that many alternatives in Florida.

 

[Dr.Who]

Who Knows what the law is concerning carrying in Ohio? That may answer a few of the above questions.

 

[FieroCDSP]

I looked it up and the new law requires the use of a holster for concealed carry in a vehicle. It does not say that, were you to leave the vehicle, you must carry in a holster. I'd say he's got a defense, based soley on the story, which is probably not the entire encounter.

 

[Duncan223]

lacoochee: I am still confused how was he improperly handling a firearm?

FWIW, I carry in desantis pocket holster all of the time, there aren't really that many alternatives in Florida.

I agree, living in with the Florida heat/humidity, carrying IWB can be uncomfortable. I have a PaleHorse Pocket Holster for my Rohrbaugh R9 and a JS Pocket Holster for my Kel-Tec P3AT, and a Thad Rybka Pocket Holster that is kind of a generic fit that works with a Makarov, Bersa, etc., and since it can be wet-molded, I fitted it to my Karh CW9. Works like a charm.

 

[zahc]

the new law requires the use of a holster for concealed carry in a vehicle. It does not say that, were you to leave the vehicle, you must carry in a holster.

This is my understanding as well. I wish I didn't have to worry about something like this happening to me some day.

 

[TX1911fan]

Maybe he was stuffing the pistol in his pocket as he walked away from his car. If it was in the open when the other person saw it, that could be the problem. In Texas, I have to use reasonable efforts to conceal, so if I was walking through a parking lot stuffing a gun in my pocket, I would expect that would not comply.

 

[zahc]

Open carry is legal in Ohio.

 

[Kentak]

I'm guessing the problem was he did a piss-poor job of concealing it. If you have a concealed license, you are supposed to do just that--conceal it. If you are going to pocket carry, you should have it in a pocket holster that prevents printing. In fact, I think the law requires it be in a holster.

Yes, I suppose open carry is legal in OH, but in 45 years here I've never seen anyone do it in a populated area. Out in the country or hunting activity may be a different story.

K

 

[MICHAEL T]

Having left that sorry state and moved to a free state I say just normal Ohio SS at work.

 

[Handgun Midas]

It's BS from start to finish.
The cops at the scene and\or the DA don't support an armed populace.

If pocket carry is a no-no in OH now, what's next?
Mexican carry? Clip draw? Belly Bands?

Concealed might mean concealed, but failure to conceal isn't supposed to be illegal in an open carry state.

 

[rxraptor02]

"Larry F. Fearing, 54, was charged with improper handling of a concealed weapon for the incident at an area gas station."

Must not of been in a holster. From what others have stated about the law requires a holter to be used. That could reflect the improper handling.


"He was reportedly seen carrying his hand gun in his front pants pocket, even though he said he was trying to keep it out of sight."

Maybe it just "printed" and the person seen it or maybe his pocket was not large enough to conceal it.

 

[DoubleTapDrew]

Maybe it just "printed" and the person seen it or maybe his pocket was not large enough to conceal it.

I'd guess he had the grips sticking clear out of the pocket. Most people don't notice casual printing and pants pockets aren't usually something you can peer into.

This could be wrong, but I've heard that if you carry concealed you need to keep it concealed, and if you carry open you need to keep it open. You can't mix and match and have a partly concealed gun. Anyone know if that's true? I realize that's probably a state-level law but has anybody heard something similar?

 

[.cheese.]

If that's true abolut a gun can't be partially open and partially concealed, that's just plain stupid.

What's the deal? If both open and concealed is allowed, and you have a license for concealed, as far as I'm concerned you should be able to carry however you want.

Heck... if you want to shove it in the crack of your behind, and have the grip sticking out of the top rear of your pants, whatever.... that's your business.

 

[4sooth]

Accidental open carry

Louisiana has had this exact subject come up frequently.As open carry is legal here as well as concealed carry(with proper liscenses)you may do either at your discretion.

Sadly many law enforcement agencies here do not know the law.Re:Glock Talk--where the state police told a citizen once he has a concealed carry liscense he must always carry concealed.This simply is not true.What the law requires is that if you choose to conceal the weapon you must get the state's permission in the form of a CCW.

In State vs Fluker and State vs Ferrand the State Supreme Court specifically declares "the state has pre-empted the legislative control and has specifically allowed the carring of exposed handguns".

State vs Ferrand "the public display of a openly carryed handgun is NOT a crime in Louisiana and alone does not constitute probable cause for an arrest".

Go to the Attorney General's website and look up these two decisions,print them and keep them with you.State vs Fluker is circa 1978 and Ferrand is 1995.

Feel free to e-mail me if you need more help. Stay safe.

 

[Ratzinger_p38]

I have a feeling charges may have already been dropped. LEO probably not up-to-date on the laws. I open carry around town all the time, I guess the Greene County LEO know the law as I have had couple cops walk past me when I have a pistol on my belt.

 

[SomeKid]

Makes me love Tennessee all the more. Were I so inclined, I could legally tape an AR pistol to my forehead. (Now wouldn't that be goofy to behold?)

 

[Erebus]

Well if open carry and concealed carry are both legal and he had a permit that meant he was legal doing both the only thing I can see hanging him up is not having it in a holster. A gun loose in a pocket or waistband has a greater risk(how much I have no idea) of an ND than a gun in a holster in your pocket or on your waistband. I could easily see some states passing a law requiring a holster for safety reasons. Whether or not it actually means one is any safer remains to be seen. No I have never actually heard of a case of a gun in a pocket NDng but I have heard of at least two cases of an ND of a gun in a waistband. One left the guy half the man he used to be. And the other probably limps.

 

[EricTheBarbarian]

thats garbage, but garbage like that is why i dont have a ccw here. Cops know when you have one and they certainly would like nothing more than to screw you over. i guess thats the point though, to harass, intimidate, and put people in jail for doing something legal if they dont like it. ill be glad when i move out of this state. the police dont care what the law is or if its legal or not. i cant think of one thing illegal that he did but still got handcuffed like any normal felon. sounds about right for this state.

I have a feeling charges may have already been dropped

dropped charges or not he still was taken out of his car and handcuffed like a criminal. going to jail and being arrested in front of your wife for nothing is not one of the cases where you say its ok since he didnt get 'charged with anything'. they just arrested him because they can get away with it. as far as open carry being legal in ohio, i would bet money i couldnt get around the block with a pistol on my belt without being tackled, tasered,or shot dead.if theres nothin illegal being done they can always come up with another charge. when i was an intern with the local pd here many times ive seen them arrest people and then debate with the other officers what to charge the person with. the law might say its ok, but certainly nothing id like to bet my life on around here, bare minimum id be spending a night in jail.

 

[Coronach]

I'm not sure I understand which part of that story is actually against the law... Pocket carry? Or glovebox carry? Having the safety on? I guess I just don't get it.

Me too. So, we have a mishmash of...

...cops who might not know the law...

...a guy who might have violated the law, though what part is unclear ("improper handling" sounds like the motor vehicle section, so I'm guessing the lack of holster is the issue, though that's a guess)...

...a locality that might be challenging the state preemption by enforcing its own ordinance...

...a journalist who has no clue what he's talking about or how to write a coherent story...

...or, most likely, some combination of some or all of the above.

I remain confuzzled.

Mike