Tuesday, September 15, 2009

Fifth Third Bank is run by criminals.

"$160.00 in fees for an overdraft of $4.67?  You can close my accounts here.  Good-day."

Fifth Third Bank charged me $33.00 in overdraft fees a day!  This wasn't from multiple transactions, just one.  It added up to over $160.00 in fees.  The fact that they think this practice is OK disgusts me.  I'm pretty sure that I'm not the only one this has happened to. 

Maybe I should keep more in my checking and less elsewhere, but this is ridiculous.  Eight years without a problem and they rape me the first chance they get. Caroline from Fifth Third Bank basically said it was my punishment for not signing up for overdraft protection...

The Mafia is lighter on fees than Fifth Third Bank, seriously.

Fifth Third Bank is run by thieves, but is there any bank that isn't?  No?  Maybe there's a bank that employs less thieves?  Let me know.

Oh well, Fifth Third Bank is a CPZ anyway.  Off to a new bank now, but which one?

I'd urge anybody who does business there to take their accounts elsewhere.  You can tell how moral a company is by how they treat the average person.  1 trip to the gas pump and you might be next, that's what I did ($4.67 overdraft).

I'm not hurting financially from this.  I'm just angered from it.  I feel like I've been burgled (yes I said burgled).  It makes me wonder what effect these policies and fees could have on hard working people who are barely making ends meet.

A daily fee of $33.00 is inexcusable.

Sunday, September 13, 2009

The Last Psychiatrist - Blog


He needs to write a book, he would make a mint off of it.  I've been reading it for quite a while now.  I suggest you do the same, but don't take my word for it.  Just take a look.

His writing can make you look inside your own brain, if you are open to the experience.  If you do decide to have a peek, you are going to find out that you are a narcissist no matter what.  Good stuff.

Friday, September 11, 2009

The day before my 18th birthday...

I was getting up to go to college at my parents house.  I heard the TV on in my parents room and went to go see what my mother was up to.  My father was out of town for business purposes at the time.

My mother was in bed watching CNN and it showed the first tower after it was hit.  I couldn't help, but think "what a horrible accident!"  I asked her what was going on, but she wasn't sure, and neither was I.  I finished getting ready and walked 2 blocks to the bus stop on Vine st.

When I was picked up by the Laketran bus to go to Lakeland Community College the driver told me that another plane hit the second tower.  I was very confused as I was only 17 years old and my 18th birthday was only 1 day away.  What else could be going on.

When I got to accounting class no one was talking about accounting.  Professor Jim Racic and the rest of the class were discussing the implications and possible reasons for what had happened.  We also learned about the other 2 planes that had went down.  We were excited and scared.  I was more excited than frightened for some reason.  I guess that's just the teenage "invulnerability" at work there.

I thought we were going to war...  I was worried about my older brother because he had joined the Marine Corps in 2000.

Over the PA system we were all ordered to go to the main cafeteria part of the college and received a briefing from the College's Chief of Police.  We were told that they thought there was still more going on and that there was an issue at Hopkins Airport in Cleveland in addition to what had happened to the other 4 planes.  We were all dismissed to go home.  I met up with my friend Ashley and we left.

I'm not sure if anything ever came of the reports of trouble from Hopkins Airport.

Ashley and I departed the school together in her busted up old 1990 Ford mustang and went to her mothers house.  We spent the rest of the night watching the network news channels and trying to make sense of what had happened. 

I dropped out of school later that month and became quite depressed for some time (I did finish my degree later!).  

I will never forget.  The price of freedom is eternal vigilance.

Friday, September 4, 2009

If I played games at work, I'd probably be fired. I need to get one of these jobs!

Solitaire-Playing Lawmakers Draw Criticism

Tom Foley is calling for a ban on Blackberries and laptops during sessions of the Connecticut House & Senate.  I agree that people should not be playing computer games or texting their BFF while they are supposed to be MAKING LAWS for the rest of the state to follow.

Banning PDA's and laptops?  This is not the answer to the problem.  This is just more of the same pathetic argument that people have no control over their own destiny and are powerless to the influence of Blackberries and video games (sounds a lot like the anti-gun people....ugh).

Don't blame the object.  Blame the person for their behavior and take appropriate action.

Banning objects is almost always the argument of mental midgets (little people if you want me to be PC).

It is a poor craftsman that blames his tools
I'm still trying to figure out how any of these "gamers" stay in office.  I have an idea.  If you are going to go all ban crazy (can't resist the urge to ban?) on something, ban these hacks from the legislature.

Also, please ban "slap-wrist" bracelets in the legislature.  I heard that some of the state senators have been giving each other "red marks" on their wrists.

According to the NBC poll "we" are 84% furious about this.  I hope the people of CT do something about these shitbirds.  To the other 16%,  I think the "Price is Right" is about to be airing on CBS don't miss it!

Cash for Clunkers

Sig Sauer - $200 off a new Sig when you trade in you clunker handgun!

This seems like some sort of alchemy nonsense, but anything that can turn a Hi-Point 9mm into $200 off of  a brand spanking new Sig P226 NAVY (I really want one with a rail...Christmas is coming....) is great.

Thursday, September 3, 2009

The life of a secret (insurance) agent

It's not exciting.  I talk on the phone...all day.

Seriously, I'd rather be building a roof right now.

On the bright side though,  three years of this sitting job and I still don't have the slightest indication of "chair ass".  Too bad it's still a CPZ.

When will they realize that it's not legality that governs behavior, but personal morality?  Bad and crazy people do bad and crazy things, law abiding "good" people deal with the consequences of both the bad/crazy people and the artificial limitations placed on them by the ignorant.

Monday, August 31, 2009

Oleg Volk - Dead Commie Shirts... a.k.a. "The Best Che Shirt Ever!"

Oleg Volk - Dead Commie Shirts

You know you want it! Wear it with pride to hippie festivals nationwide.

Here is the direct link to order the "Best Che Shirt Ever" from Life, Liberty, Etc Online Store 

Volkstudio - Oleg's Photography site.  There are some good prints available for sale as well in the VolkStudio Gallery Store

"Dougie" tells it how it is - Dougie on releasing Pan Am 103 terrorist

I met this guy at Wal-Mart once.  "Dougie" is spot on, there is no compassion to be had for mass murderers.  He's both good people and entertaining : )

Thanks Everybody!

I just wanted to thank everyone that helped me out with my legal expenses. You know who you are and you have saved me quite a bit of trouble.  I have since paid off all of my expenses.


Friday, August 28, 2009

We the people... are far too dangerous to be free...

All that I see blasted all over the mainstream news channels over the past few weeks (msnbc.com - "Guns near Obama fuel ‘open-carry’ debate") is talk about people "brandishing" weapons within the are of the POTUS (President of The United States). It has the appearance of scare mongering with racist overtones.

Some were worried about possible assassins. Anybody with a brain knows that if someone is willing to die there is NO WAY to stop them, i.e. 9/11, suicide bombers, etc.

The mere presence of another mortal man, regardless of his position or title, does not strip the citizenry of their rights. There are no "chiefs" in our republic, just citizens. I am a citizen and so is the president.

Ronald Reagan wasn't concerned about armed citizens and he was shot, albeit by a criminal psychopath!

“You won’t get gun control by disarming law-abiding citizens. There’s only one way to get real gun control: Disarm the thugs and the criminals, lock them up and if you don’t actually throw away the key, at least lose it for a long time... It’s a nasty truth, but those who seek to inflict harm are not fazed by gun controllers. I happen to know this from personal experience.”
- Ronald Reagan in 1983, after surviving the 1981 assassination attempt of the deranged John Hinckley.

Law abiding citizens don't kill other law abiding citizens. They stop criminals and tyrants dead in their tracks. Criminals DO NOT openly carry firearms.

I really liked what John Pierce from OpenCarry.org had to say to MSNBC:

“Open-carry IS the Second Amendment, if you believe in the Second Amendment, you believe in open carry.”

John's argument is simple and accutate. OpenCarry.org and their ilk are using the same civil rights tactics that both minorities and GLBT (Gay, Lesbian, Bisexual, Transgender) groups have been using for years with great success.

Those groups directly and proudly exposed their views to the public...and now some Pro2A advocates show their views... on their hips.

It seems that most Americans have become soft and pliable, like clay. We can be molded into whatever our government masters want us to be based on the current hysteria. It is a sad day in America when people are afraid of a piece of metal. Especially when one our most important duties as CITIZENS of the U.S. is to overthrow any hostile government, with violent revolution if necessary. You can't stop tyrants with words alone. What's next fear of breast feeding? Oh wait, never mind.....

As far as the president, what is the big deal? There are nothing but people WITH guns around the president and he's been pretty safe so far. Is it not possible that a Secret Service Agent will just "lose it" and kill the POTUS? What about the local police, sheriffs deputies, and every other federal agent that's allowed to carry? They put on their pants on one leg at time and aren't perfect, just like the rest of us.

What really makes one human any different/better than another? I've stated that crazies and dedicated sociopaths are unstoppable. What it boils down to is that government officials don't trust the people who elected them with weapons. This is absolute insanity. The government is not supposed to have power over the citizenry as a whole. They should live in fear of legions of angry armed citizens burning down their house if they infringe upon our enumerated, inalienable rights.

The oligarchs don't want to see their subjects armed. Unarmed people = pliable clay people (sheeple).

Unfortunately, mainstream media is full of insane Massachusetts Liberals who would like to expand their socialist disease into every other state in the union. Thank God this has not happened in my home State of Ohio.  R.I.P. Ted Kennedy....at least you won't drown any more women in your car.

Here is a quote from the MSNBC article:
Jim Kessler of the "Third Way" gun control organization (remnants of Americans for Gun Safety) states:

“There is no constitutional right to carry a firearm. This is not even close on the constitutional scale — I have a right to carry a firearm wherever I go — it’s just not.” - Jim Kessler of Third Way

He's going to need to use a good mouthwash with all the boots he's licking. He subscribes to the theory that a raped and murdered woman is more noble than one standing ALIVE over her vanquished attacker.

There is no plausible argument. Gun Control is especially harmful to the fairer, but physically weaker, sex.

Liberty is supposed to be dangerous, as is the free market. Our Republic is not supposed to be some utopia where everything is handed to you on a silver platter. You have to work for what you want without a guarantee of success, and that should make you work harder to achieve your goals. Competition? This is the heart of what makes America an amazing place to live: Liberty and a free market. They sky is (was?) the limit. Not everyone gets a trophy. This is not children's Tee-Ball.

The problem is our system is not quite perfect. There have been numerous encroachments on both RKBA and the free market. The GCA of '68, NFA '34, income tax, The Patriot Act and numerous other infringements have created disruptions in both liberty and the free market. These are all signs of an overreaching federal government. This is exactly the kind of the situation that the framers of our constitution where trying so hard to avoid.

Politicians are not supposed to enjoy their jobs. They are to be our public servants. Instead, they are our slave-masters. The government, federal, state and local, are better armed than any individual citizen or group of citizens.

"How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of."
- Texas State Rep. Suzanna Gratia-Hupp

Why is it that our supposed servants try so hard to take away our inalienable rights?

Every time I speak with law enforcement regarding my firearms all I hear is:

"Deine Papieren bitte?"

"Would you like to see my weapons permit? Here it is!"

In Ohio, you are not required to have a "firearms permit/license" to carry a firearm openly. This is one of the main reasons that I openly carry my firearm whenever I am able to do so. We don't have to show "our papers" to anyone to engage in a right.

I don't need a permit to wear an Obama T-Shirt or speak my mind, and I definitely don't need a permit to carry my firearm.

My message to all levels of government?

Quit turning OUR rights into privileges and stay the hell out of the free market, or continue to do so at your own peril.

Friday, July 24, 2009

I made a button...

I know this is a shameless plug here, but if anyone wants to donate to my legal defense I have created a PayPal button to make this much easier. There is still quite an amount, to me at least, left to pay and I'm flat broke.

Sunday, July 19, 2009

On the radio again....

I'm going to be on the radio tonight. "The Firearms Forum" with BFA's Jim Irvine on Cleveland's WHK 1420 AM. Time 07/19/2009 8-9pm. We'll be covering my incident from March as well as other issues.

CCW Violation: My experience and trial in a court of law.

This whole ordeal started back on 03/17/2009. I found it to be humorous that I'm part Irish, was wearing "Lucky" brand jeans, not drinking and was arrested on St. Patrick's Day. Other than that, there is no humor in this article.

I think ; )

At no time during this entire situation was I actually carrying one of my firearms. They were all legally stored in my vehicle.

My girlfriend and I were having an argument at her apartment. Her friend was upset that we were fighting and kept interjecting in our discussion. I told her in no uncertain terms to stay out of it. This was not a heated argument. There was no yelling, fighting or anything of that nature. There was no violence of any kind. It was like most other arguments that she and I had had in the past. Unbeknown to me, her friend was quite frightened by our exchange. I found out after the fact that she was using her cell phone to text message her mother to call the police. From what I was told after the fact, her friend was abused by a male family member as a child and was scared by our argument.

After being asked to leave, and the argument that ensued, I left the apartment of my own accord. I went down the stairs to my car parked out back, the way I always do when leaving her apartment. I got in my car and started to pull out of the parking space. I didn't get more than 2-3 feet forward when I was ordered to stop the vehicle. I had no idea who was yelling at me at the time. There was no police cruiser out back and it was dark outside. A police officer ran up behind my vehicle with a taser drawn and pointed in my direction. He ordered me out of the vehicle at taser point and I complied. I complied with such haste that I didn't even turn off my car and I left the driver side door open. I exited the vehicle with my palms exposed to show that I didn't have anything in my hands. I had no idea that the officer was carrying a taser at the time, I didn't know that tasers has laser sights on them. I guess that I learn something new every day. I thought it was an HK USP .45, the standard sidearm of the Beachwood Police.

I was quite frightened and was not exactly sure why he was stopping me. My girlfriend’s apartment complex is large and visited regularly by law enforcement and emergency medical personnel. Encountering a police officer on the premises was a pretty frequent experience.

I was ordered by the officer to put my hands on the roof of my vehicle. He asked me who my girlfriend was. I told him her name. I asked him what was going on, but there was no reply from the officer. This officer was the arresting officer who will from here on be referred to as "Matthew". I was not able to attain Matthew's attention to communicate with him. A second officer arrived and was speaking with me directly and I acknowledged him when he started patting me down, presumably for weapons and other possible contraband. I let him know that I had a Swiss Army Knife in my pocket and that I had a CCW permit and that my firearms were in the car.

They asked me where my firearms were and I told them the locations where they were legally stored. I was then detained and placed in the back of a police cruiser.

Thus began the fishing expedition. At first, the officers tried to tell me that my firearms were illegally stored as my center console and glove compartment did not have locks. I let them know that as of September 2008 my storage choice was legal in the state of Ohio. Telling them this may have been a mistake. I think that it only made them try harder to find something to charge me with.

I was cuffed by another officer while they tore apart my entire car looking for something I could be arrested for. They came up empty handed. I made every effort to be courteous and helpful to the officers involved, but after the incident was over I saw the dash cam video and it was clear that there was more going on than I knew.

A police lieutenant from Beachwood showed up and ordered that my vehicle searched from front to back. His police cruiser was the one with the fancy dash cam and voice recorder that my arrest was recorded on. I can't really think of a good reason for them to have searched my car. I let them know where my firearms were and I was honest with then in all of their inquiries. They had trouble finding my Bersa .380 CC in the closed center console and I directed them to the panel under the air conditioning unit that covered the center console.

They tried to get me to admit that my Icon Ti-Max motorcycle gloves were weapons. They are fashionable protective gloves for motorcyclists and nothing more. I told them to look inside the gloves. Inside the gloves is printed "Live to Ride". I wonder if they noticed the motorcycle helmet in the car.....

The police can be overheard in the dash cam tape describing me in less than favorable terms. I was called a "loser" and they were audibly upset that I was had 2 firearms in my vehicle. I had done nothing illegal. They did not have anything to arrest me for, and then all of a sudden they had an epiphany.

They took about 30 minutes trying to figure out if there was a way that they could charge me with a crime (the discussion was recorded on the dash cam's voice recorders). Matthew read me my Miranda rights. I asked what I was being arrested for and he stated "failure to notify". There were about 5 officers and patrol cars on the scene and a couple of the other officers chimed in and said I something to the effect of "you should know better because you took the CCW training class." I guess I missed the part of the class where you are put in a felony stop situation in fear of your life by an overly aggressive officer who does not listen to a word you are saying. Keep in mind, that I was not charged with nor was I arrested for any other offense than "failure to notify".

After conferring with his lieutenant, Matthew claimed that I failed to "promptly" notify that I have a CCW permit and that I had loaded firearms stored in my vehicle. Matthew later filed a complaint stating that I failed to inform him within 51 seconds of being detained that I had a CCW permit and loaded firearms legally stored in my vehicle.

51 seconds may not seem prompt enough if you are sitting in a quiet room staring at your watch, but when you're being screamed at and a weapon is pointed at you everything is happening so fast the world is a blur. The only thing that I could think of was staying calm and keeping the situation sane and safe for all involved.

Below is a copy of the complaint with most personally identifying info omitted. I find it moronic that a police officer listed my SSN on a document that is in the public record. I wonder what the Social Security Administration would have to say about this?

I let them know as soon as I could. Matthew would not let me establish a rapport with him. It's part of their training not to let you talk, lest you distract them from detaining you and controlling the situation. The police speak in a harsh and authoritarian voice to shock and frighten you into a submissive mental state, thus making you easier to detain and less likely to resist. From the police officers that I have spoken with on this matter this is standard operating procedure when stopping a "suspect". Officer safety first and foremost, I concur.

So how many seconds did it really take to notify? According to the police video, I notified as soon as the second officer would let me talk to him. I notified him as soon as he would let me speak. It took about 7 seconds. I would say I was prompt and acted with reasonable speed. Sadly, common sense did not prevail during my encounter.

If I had jumped out of my car and stated to the first officer, who was alone at first, that "I have a CCW permit and my guns are in the car!" I could have been tasered, or worse. A surprised police officer can really ruin your night. The officer was noticeably agitated and excited. I didn't want to frighten anyone, especially the police. I am about 6'4" 250 lbs, which made me about 7 inches taller and approximately 60 lbs heavier than the Matthew from my observations. Physical size can be intimidating to people who may not familiar with you. I don't wish to make people who can end my life in a heartbeat(the police) think that I'm a threat. When I saw the "gun" and realized that he was a police officer I wanted to make sure that he knew I was coherent, peaceful and reasonable. I wanted him to feel that I would be compliant, and I was. I had only the best intentions in mind.

Unfortunately, good intentions are exactly that, good intentions and nothing more. In reality I was offered 3 choices:

1. Being shot or tased by the Beachwood police.

2. Being charged with failure to comply, which is also a 1st Degree Misdemeanor, for trying to explain my situation while being commanded by Matthew.

3. Take the exact actions that I took in this situation.

As a free gift for my participation in the night’s festivities I was given a free ride to the Beachwood Police Station and jailed while they put the charging documents together and towed my vehicle, which was still legally parked by the way. I felt towing my car was malicious on their part. It was just another expense that I would have to bear as part of the charges filed against me.

I arrived still in handcuffs and attempted to help as much as possible with the booking process. I was photographed and fingerprinted. They took my shoes, suicide risk? I had no idea. The arresting officer asked that I give a statement of my version of the events that transpired, I declined.

I, nor anyone else, has anything to gain, and everything to lose, by giving law enforcement ANY written or verbal statement without the blessing of competent legal counsel. It's akin to stepping into the boxing ring with Mike Tyson as an amateur. Besides, what could I add that the dash cam video didn't already take care of?

If I was such a threat to the public-at-large and had to be arrested and placed in police custody, why was the door to the holding cell was not locked? I was free to walk about and talk to the "booking lady" without a police officer in sight. She was an absolute sweetheart. I'm pretty sure that I annoyed the hell out of her with my whining. We discussed life and the types of people that have caused us trouble and how situations can be created out of nothing. She also gave me some valuable advice that I still have yet to follow.

I have never been arrested for anything in my life until this night. Sure, I've been detained by the police before on a few occasions, but I have never had my rights read to me, cuffs slapped on and my person hauled off to the hoosegow.

The thought of being deprived of my liberties for any period of time is disturbing to me. Add that to the fact that I'm not a big fan of any type of imprisonment and the end result is the worst night of my life, so far. On a positive note, if I think this was the worst night of my life then I've had it pretty good compared to some people.

The "booking lady" took pity on me and brought me ice water from the police lounge and brought me Fritos to snack on. She was very kind to me throughout my entire experience being detained at the Beachwood Police Station.

After I was all checked in the "booking lady" said that I was allowed to use the phone. So, I called my parents and asked that they come to the police station so that I might have a ride home. I was detained in the Beachwood Police Jail for what seemed like an eternity to me, but was actually about 5 hours. I'm a sissy when it comes to jail.

I was finally locked in the holding area for the last approximately 2 hours of my detainment. At the end of my detainment I was called out by Matthew. He told me that he was confiscating my CCW permit and that whether I got it back or not depended on the court. Matthew tried to scare me by telling me that I may be later charged with a felony for possessing an automatic weapon.

CCW permits can only be taken when you are CONVICTED of the crime with which I was charged. This was a violation of due process on their part.

Also, under current Ohio law, any semi-automatic firearm that can be readily converted or adapted to fire more than 31 cartridges, other than .22 variants, without reloading is considered to be an "automatic weapon". What absurd is that by this definition almost every semi-automatic firearm ever made could fall under this statute given the right circumstances. There was a 31 round Glock 9mm magazine full of old ammo in the bottom of my glove box. I put all of my old carry ammo in it for when I go to the pistol range. It was not inserted in my Glock 17. Even if it was, it would not have met the criteria to be an offense under the statute. The Glock 17 could technically fire 32 rounds, but a reload would be necessary for it to be capable of firing the 32nd round. Yet another legal black hole, but case law has shown this to be a non-issue for my situation.

I posted my own bail and my parents and I left the Beachwood Police Station. I didn't have a car and the money that I needed to pay my rent was in the hands of the court.

The next day my father took me to the towing lot to pickup my vehicle. The towing agency took the last of my funds to release my car from impound. I got my car out and went to work and pretended that everything was normal. As an insurance agent I am required to notify my supervisors if I am charged with any crime. It felt awful. I have worked so hard in my company to advance my career and now I have to tell the HR department that I'm charged with "improperly handling firearms in a motor vehicle."

If I was convicted of this offense I could lose my insurance licenses, my livelihood. In this economy that feels like a death sentence for my career.

I turned to my friends over at OFCC, Ohioans For Concealed Carry. They are an organization of pro 2nd amendment folks who have been fighting for our rights in Ohio for the last 10 years. They have helped me with issues in the past and have been an invaluable resource. The attorney that presided over my case was contacted through this organization's website.

I was freaking out. I had never, ever had any charges filed against me for any reason before. The legal system is a scary place. I knew that I didn't do anything illegal and that I didn't belong there. Thankfully, my lawyer could see this as well and decided to fight the charges.

We tried in vain to get the ear of the prosecution, but we were snubbed at every turn. The City of Beachwood prosecutor would not give us the time of day at both the arraignment and the pre-trial to try and hash things out with him. So we were set for trial.

I NEVER waived my right to a speedy trial. In Ohio for a first degree misdemeanor, you must be taken to trial within 90 days. of being charged. The originally scheduled trial date was actually set for the 91st day. We put in a jury demand within a beyond reasonable time frame according to Ohio case law. We showed up for trial June 16 and there was no jury anywhere. We were asked if we'd like go ahead with a bench trial, no thank you. The charges should have been dismissed based on the speedy trial violation. Here's the exact transcript of what judge K.J Montgomery entered in the court journal:


I would suggest that she obtain both a spell check utility and employment outside of the legal realm. She also needs to turn off her "Billy Mays" key (caps lock). All accused have a RIGHT to a jury and a SPEEDY trial. I find it disheartening that this concept is lost on people in positions of such power. You don't get to pull the "poor me" defense because your jurisdiction can't handle the case load. Do you like being a revenuer with your own personal fiefdom? Yes? Well then, hire more people, make another courthouse and follow the rules. Also, I find it humorous that I'm being charged for not being "quick enough" and this court can't take me to trial in the legally allotted time frame. Hypocrisy anyone?

I was finally brought to trial at the Shaker Heights Municipal Court before a jury of my peers on 07/09/2009. The trial took all day. There was a substitute judge for some reason, so I didn't get to see the expedient K.J. Montgomery in full swing. First, a motion to dismiss based on speedy trial grounds was filed by my attorney and overruled by the acting judge. We were there from 8:30 am till about 4:30 pm. Jury selection took forever. It is simultaneously one of the most boring and nerve racking experiences I've ever taken part in. Cuyahoga county is of a notoriously anti gun populace and that's where the jury pool came from. Not one person in the entire jury pool had a CCW permit.

The prosecution insisted on placing my firearms on their table in the court room directly in front of the jury for the duration of the trial. There was my Glock 17 and its 3 mags, the Bersa .380cc, an assortment of holsters as well as the boxed and loose ammo that was stored in my glove compartment. I thought this attempt at political theater was pathetic, as it turns I wasn't the only one who felt this way. Mature rational adults are not scared by inanimate pieces of metal and plastic. It's an insult to their intelligence.

What's funny is that the Bersa .380CC confiscated by the police and used by the prosecutor to try and scare the jury was actually a gift for my girlfriend. She did not want to take possession of it until after she fired it herself at the range and was comfortable with it. It stayed in the closed center console of my car until confiscated by the police. It still has yet to be fired by anyone.

In his opening statements the prosecutor tried to paint a picture of a gun crazed idiot(me) who was not only unsafe, but also has no regard for firearm laws. The prosecutor promised what he could not deliver. His whole case was based on "character assassination", the facts of the matter were a secondary concern for him. Every police officer who took the stand stated that I was as polite and absolutely compliant throughout the entire arrest. The dash cam told the rest.

This is how I heard the prosecution’s case (with a little dramatic license added...) :
"Bryan is scary. Bryan owns guns and carries them loaded in his car! Oh my God! Only the police should have guns. Let's throw this monstrously tardy law breaking subject into the pokey!"

In all, there were 3 Beachwood police officers that testified. There were many contradictions between the dash cam footage, written statements by police and their testimony. They stated that a .40 S&W Sig P229 magazine was found in between the seats of my vehicle. I may have had a messy car, but all magazines were ALWAYS kept in the glove box at all times. They used this fib as an excuse for searching the rest of my vehicle. The officers verified to the court in their testimony that ALL of my firearms and accessories were both legally possessed and legally stored.

A retired police Lieutenant from Cincinnati took the stand as an expert witness for the defense. My friend Michael also took the stand as a character witness. The security guard from the apartment complex also testified, but added nothing to the proceedings that wasn't already known by both sides. I did not take the stand as it was not necessary to do so.

The prosecutor was constantly making references to my guns and accessories laid out on his table throughout the trial. He even had my girlfriend take the stand. During her testimony she told the court how that I'm not a scary person and that she has been to the range with me and is familiar with and comfortable being around my firearms.

The case took all day Thursday, but the jury did not start deliberations until the next morning. The jury came back about 1 1/2 hours later and could not come to a unanimous verdict. The instructions given to jury were poor and were based on case law from a traffic stop that didn't fit the circumstances of my case. They asked to read the case from which the judge was referencing in the jury instructions by name. The judge refused to allow them to read it. The judge gave them a pep talk and told them to go try again. My lawyer and I were called back in about an hour and a half later. The jury had reached a verdict:

Not Guilty

I could not have been more relieved! It was finally over!

I was stopped by one of the jurors in the parking lot after the trial, a grandmotherly woman who wanted to offer me some sage advice. She said that I need to clean up my car and find a new hobby, something other than firearms. She also said the jury was not impressed with the prosecution having my guns laid out on the table for the entire trial. She said they knew the prosecution was trying to scare them with the display, unfortunately it backfired. Per her advice, I have since cleaned up my car.

A couple hours after the trial I called the Beachwood Police and told them I was coming to recover my property. I went to the Beachwood Police Station armed only a friend and a video camera. After a half hour delay, a detective gave back my property and CCW permit. However, there were a couple items not listed in evidence, but that were confiscated by the police. My Inova X03 flashlight and my dignity. I'd really like them back. Moral of the story? Don't get arrested in Beachwood, they will steal your both your fancy flashlight and your dignity.

This case has cost me quite a bit. I am emotionally, financially and physically drained from this experience. I don't ever want to deal with the legal system as a defendant ever again. The notification laws regarding CCW in Ohio are a legal black hole that any law abiding citizen can fall victim to. I hope that these laws will be changed in the near future to prevent cases like mine from happening ever again. Notification laws are written in such a way that they violate the 2nd, 4th and 5th amendments of the U.S. Constitution as well as Article I Section 4 of the Ohio constitution. Let's get to work on this!

I want to give thanks to all those who have supported me:

I want to thank my attorney for being not only a top notch lawyer, but also a wonderful human being.

I want to thank my family, friends and coworkers for caring for and supporting me throughout my ordeal. Especially my friend Mike who came to testify as a witness.

I want to thank the members of OFCC who provided insight to my situation as well as those who have helped me financially with my legal costs and attended my trial. You have made this so much easier to bear.

A special thanks to retired Cincinnati Police lieutenant Harry Thomas who made the drive all the way from Indiana to serve as an expert witness. He refused to collect fees for serving as an expert witness.

Saturday, July 18, 2009

In other news: At the range...

Just to show a little history here before I make my ginormous post, when my girlfriend and I went to the range she liked all of the pistols except the .40 S&W Sig P229, which she refused to shoot, but she was great with the Glock 17 and Walther P22! She kept every single shot on the black part of a silhouette target at 20 feet. Very impressive for a first time shooter. I still think she works part time for the Mossad ; )

Sunday, July 5, 2009

Happy 4th of July

Society needs to get back to a point where a firearm is looked at no differently than any other tool. A 12 year old walking down the street with a junior .22 Rifle slung over his shoulder, nor an adult openly carrying a pistol for defense should not be any reason for alarm. Responsible kids should be allowed go hunting for small varmints and shoot cans for fun and practice (in the country, not within city limits). Just as every person has the inalienable right to bear arms. The bill of rights doesn't grant us rights. We already have them. The Bill of Rights are restrictions placed on the government. There should be no cause for concern unless a tool is being used for nefarious purposes. It's just a piece of metal, get over it. A piece of metal and nothing more. Actions can be terrible or just, but objects are neutral, lifeless and without malice. Bulls have horns, tigers have teeth and we have firearms.

Monday, June 1, 2009

I have a trial date coming up for 06/16/2009 Thursday. I was charged with the dubious black hole of a law "failure to PROMPTLY notify". The arresting officer said that I failed notify within 51 seconds. I'm disgusted. I can't wait until this is over. Wish me luck : )

Thursday, March 12, 2009

Uh Oh. I took this little test.

It says that I am a democrat. Maybe this reflects my upbringing in a Union household, but I know that I support the bill of rights and RKBA no matter what. I hope I can offer a fresh perspective for the Pro 2A movement. Regardless of silly tests, if I had to choose a party that best represents my own views I'd say Libertarian.

You are a

Social Liberal
(75% permissive)

and an...

Economic Moderate
(55% permissive)

You are best described as a:


Link: The Politics Test on Ok Cupid
Also : The OkCupid Dating Persona Test

Tuesday, March 10, 2009

My Personal Carry Items

Primary pistol is usually a Glock 17 9mm with a +2 mag. 20 rounds total with 1 in the chamber. Usually 1 to 2 extra mags.

Secondary pistol is a Bersa .380CC with 8rd mag +1 in chamber. It's not for me though, it's actually a gift for someone else....

Utility Knife is a Cold Steel Recon 1 (depending upon the locality)

I also carry a Victorinox Tinker Swiss Army Knife and an Inova X05 5.8 watt led flashlight (very bright).

I'm trying to publish as many of my unpublished drafts as possible to catch up, so expect multiple posts per day.

Monday, March 9, 2009

On the radio...

I'm going to be on the Gun Nuts Blogtalk radio show with Caleb and Breda tomorrow night @9 pm est. I think that we'll be discussing some of the issues from my open carry incident in Willowick, Ohio last June. I'll have to remember all of the bs and fallacies that made me so angry. I think I'm going to roar now.....ROAR. That's better.

I've also learned that my apartment complex debars it's residents the use of arms. Good luck with that. The laws of the Great State of Ohio and myself say otherwise.