Drizzt
Member
Open Carry Leads To Felony Traffic Stop; Suspended License
Written by Jeff Garvas
Monday, 05 June 2006
Many gun owners fear that Ohio's open carry requirements in a car are going to get someone killed one day. Just last week, another incident played out that demonstrates just how dangerous the mindset of "man with a gun equals criminal" could be for law abiding gun owners.
Recently, a concealed handgun license holder was pulled over in Oregon, Ohio (near Toledo) after leaving a gas station. He was ordered out of his vehicle by police conducting a "felony traffic stop", eventually had to crawl out of his window (his doors were locked and he was ordered to keep his hands in sight, rendering it impossible to unlock them), and was ordered to the ground while being held at gunpoint. His crime? Carrying a gun lawfully.
During the ordeal, this man had attempted to advise the police that he was a concealed handgun license holder, but they were unable to hear him. Surely their adrenaline was pumping (this was a man-with-a-gun call), but the facts of the incident should have seemed to not add up to a crime in progress. A man had walked in and out of an establishment while carrying two firearms openly on his hips, but he didn't rob the place, paid for his purchases, and left without harming or threatening anyone.
Oregon police chose to cite Dan Sayers with failure to notify the police that he was a license holder and was carrying at the time, a misdemeanor of the fourth degree, despite the fact that the police report clearly indicates they couldn't hear what he was saying during the encounter.
This story, however, takes a turn for the worse: the police also charged Sayers with possession of a firearm in public, a first degree misdemeanor, despite the fact that the State of Ohio has licensed Sayers to carry a firearm for his self-defense.
The Oregon, Ohio ordinance says nothing of concealed or openly carried, it simply prohibits possession or carrying of a firearm in public. This is a complete ban on firearms in the Oregon community in direct conflict with both Ohio's Constitution and Ohio's concealed carry laws -- and OFCC will work with Sayers to see this matter resolved.
Local governments overstep home rule police power authority when they start to prohibit ownership, possession, and the lawful carrying of firearms.
Ohioans For Concealed Carry has been working with Sayers since the ordeal took place and we are going to follow this case very closely. The Sayers case is very similar to Patrick Feely, who was arrested for carrying concealed prior to HB12 becoming law in Ohio. Both men work in Pizza delivery, and like Feely, Sayers delivers in some of the worst parts of town.
Sadly, the County Sheriff's office has suspended Sayers' CHL, and his firearms have been confiscated by the police department. Despite our best efforts, we have not been able to identify what authorized the Sheriff's department to revoke Sayers' license. To the best of our knowledge he has not been indicted or convicted of a crime.
Ohioans For Concealed Carry referred Mr. Sayers to a Toledo attorney assisting the organization in our lawsuit against the City of Clyde, where "no guns allowed" signs were illegally posted at entrances to their city parks. We are continuing to investigate the Sayers case, and will be assisting Mr. Sayers the best we can as this case progresses through the courts.
This case threatens to create a dangerous precendent for Ohio CHL holders. Regardless of the fact that this city ordinance represents the kind of patchwork quilt of gun laws that currently exist at local levels (and for which no gun owner could resonably be expected to be aware of), there is an even greater danger. This could set the precedent for any CHL holder who accidentally unconceals his or her firearm, or who is in the process of complying with the "open carry in a motor vehicle" requirement of the law, to be subject to being charged with a crime. We will continue to work to keep Ohio gunowners safe from such abuses.
We will continue to keep our members and supporters updated as this case unfolds.
http://www.ohioccw.org/index.php?option=com_content&task=view&id=3613&Itemid=83
Written by Jeff Garvas
Monday, 05 June 2006
Many gun owners fear that Ohio's open carry requirements in a car are going to get someone killed one day. Just last week, another incident played out that demonstrates just how dangerous the mindset of "man with a gun equals criminal" could be for law abiding gun owners.
Recently, a concealed handgun license holder was pulled over in Oregon, Ohio (near Toledo) after leaving a gas station. He was ordered out of his vehicle by police conducting a "felony traffic stop", eventually had to crawl out of his window (his doors were locked and he was ordered to keep his hands in sight, rendering it impossible to unlock them), and was ordered to the ground while being held at gunpoint. His crime? Carrying a gun lawfully.
During the ordeal, this man had attempted to advise the police that he was a concealed handgun license holder, but they were unable to hear him. Surely their adrenaline was pumping (this was a man-with-a-gun call), but the facts of the incident should have seemed to not add up to a crime in progress. A man had walked in and out of an establishment while carrying two firearms openly on his hips, but he didn't rob the place, paid for his purchases, and left without harming or threatening anyone.
Oregon police chose to cite Dan Sayers with failure to notify the police that he was a license holder and was carrying at the time, a misdemeanor of the fourth degree, despite the fact that the police report clearly indicates they couldn't hear what he was saying during the encounter.
This story, however, takes a turn for the worse: the police also charged Sayers with possession of a firearm in public, a first degree misdemeanor, despite the fact that the State of Ohio has licensed Sayers to carry a firearm for his self-defense.
The Oregon, Ohio ordinance says nothing of concealed or openly carried, it simply prohibits possession or carrying of a firearm in public. This is a complete ban on firearms in the Oregon community in direct conflict with both Ohio's Constitution and Ohio's concealed carry laws -- and OFCC will work with Sayers to see this matter resolved.
Local governments overstep home rule police power authority when they start to prohibit ownership, possession, and the lawful carrying of firearms.
Ohioans For Concealed Carry has been working with Sayers since the ordeal took place and we are going to follow this case very closely. The Sayers case is very similar to Patrick Feely, who was arrested for carrying concealed prior to HB12 becoming law in Ohio. Both men work in Pizza delivery, and like Feely, Sayers delivers in some of the worst parts of town.
Sadly, the County Sheriff's office has suspended Sayers' CHL, and his firearms have been confiscated by the police department. Despite our best efforts, we have not been able to identify what authorized the Sheriff's department to revoke Sayers' license. To the best of our knowledge he has not been indicted or convicted of a crime.
Ohioans For Concealed Carry referred Mr. Sayers to a Toledo attorney assisting the organization in our lawsuit against the City of Clyde, where "no guns allowed" signs were illegally posted at entrances to their city parks. We are continuing to investigate the Sayers case, and will be assisting Mr. Sayers the best we can as this case progresses through the courts.
This case threatens to create a dangerous precendent for Ohio CHL holders. Regardless of the fact that this city ordinance represents the kind of patchwork quilt of gun laws that currently exist at local levels (and for which no gun owner could resonably be expected to be aware of), there is an even greater danger. This could set the precedent for any CHL holder who accidentally unconceals his or her firearm, or who is in the process of complying with the "open carry in a motor vehicle" requirement of the law, to be subject to being charged with a crime. We will continue to work to keep Ohio gunowners safe from such abuses.
We will continue to keep our members and supporters updated as this case unfolds.
http://www.ohioccw.org/index.php?option=com_content&task=view&id=3613&Itemid=83
