ohio.liberty

UAW 2359

2011-07-27T23:26:00.000-04:00

On strike at Conn-Selmer in Eastlake, Ohio.

Once a Marine, always a Marine.

2011-07-27T15:53:00.001-04:00

I'm no Oleg Volk, but I'm getting there. One step at a time! My brother and I were out at the range. He was pushing an old bowling ball around with every shot at 100 yards with an M1 Garand in 30-06.

2011-07-27T15:33:00.000-04:00

It's not hard to imagine why Officer Daniel Harless thought it was OK to treat people like Mr. Bartlett so poorly. According to Canton City Council President Alan Schulman, it seems that those who live in bad neighborhoods have less rights that those who don't. Also, people who carry guns for protection are insane.

Anyway, I let him speak for himself.

Absolutely Disgusting - Canton, OH PD Officer threatens to execute Concealed Hangun Licensee

2011-07-22T09:07:00.001-04:00

Plan on driving through Canton after this one? Me neither. This amounts to nothing more than state sponsored terrorism.

Luckily, he has the same counsel that I did when I was erroneously arrested for "failing to notify". It seems to be a slam dunk case of police brutality as well.

Imaging if you talked to any other person the way this officer spoke with this gentleman. We can't even talke to POWs that way! It's against the Geneva convention to threaten enemy combatants with execution.

It's not over! This man is currently charged with a crime. You can donate to his legal defense fun at Ohioans For Concealed Carry http://ohioccw.org/201107214955/cantonpd.html

Bullying is awesome

2011-03-14T16:35:00.002-04:00

There is much talk today about bullying. Who's responsible and why, there seems to be a consensus in the media and with many parents that bullying is a new and terrifying phenomena that has not been going on since the beginning of time. They use big words like "Cyber-Bullying" or some other domestic terrorist like reference. Even the President of the United States has found time to weigh in. It's now a threat to national security and it's all a sham.

I'm sorry, I really am, that your kid decided to take their own life as of the result of being bullied. However, every kid that is bullied doesn't kill themselves. Teen suicide is another phenomena that has been troubling the youth of our society since the beginning of time. Suicide cannot be stopped, just like murder cannot be stopped. It's terrible and we should make every effort to see that mentally ill children get the help they need, but they are mentally ill. When you take your own life, it is your actions, not others, that are to blame. People are going to be mean to you for the rest of your life. Teaching children to cope with stress more effectively is a far better idea than trying to stop human nature.

I will not deny that bullying can take it's toll. I should know, I was quite heavily bullied for most of my childhood and teen years. My friends and family can attest to that. I've felt very very down before, but I took steps to cope with what was effecting me. I cried in the guidance counselor's office over and over again about how kids were always making fun of me, assaulting me, spitting on me and just generally being mean to me. It hurt very much and I was sad a lot. The guidance counselors did what they were supposed to do, try to make feel better about who I was and attempted to get the offenders in trouble for what they were doing to me. They never got in trouble, because when they were asked about it they always denied it. I was angry that nothing could be done, but I knew that you couldn't punish others without evidence.

What kind of society would we be if we just let people point a finger at someone and say "He did it!" and then they are summarily punished/executed based on the tears and complaints of another?

Bullying is a life experience that is necessary to teach children how to deal with adversity. How do we learn to stick up for what is right if we've never had to before? When someone is bigger or smarter of whatever than someone else they will find a way to use that to their advantage. This country was founded on kicking the biggest bully in the world out of our lives. In an amusingly cruel twist of fate, England is now an anti-bully and burglar loving socialist hell.
Case in point: http://www.telegraph.co.uk/earth/outdoors/8318985/Shed-owners-warned-wire-on-windows-could-hurt-burglars.html

The government getting involved in trying to "solve" the bullying "problem" is teaching kids that you don't have to stick up for yourself, Uncle Sam will do that for you. They are teaching kids that it's OK to be a victim, you just have to tell the teacher/police/mayor and they will handle it for you. What about when they aren't there? Can I tell a home invader that my guidance counselor will make them pay or should I put a swift end to them with my Mossberg 500? Which would be more effective? They are teaching kids that the only ones that take action are bad guys and the government. Is this want we want? A society of sheep that do as they are told and are left to the wolves?

I let kids get away with torturing me for years and then one day I decided that I wasn't going to take it anymore. In 11th grade, yeah it took me a while, I headbutted and punched a kid unconscious and bloody who had been harassing me since 6th grade. He made his last threat to me and in the end it was brutal and effective. No one else wanted to bully me anymore. In fact, I had other former bullies try and mend fences with me to keep themselves from receiving the same swift justice.
I'll admit, maybe I didn't use the best tactics in overcoming the bullying that was affecting me, but it was effective and I was left alone. We must teach our children to stick up for themselves.

Trying to stop bullying at the national level is as laughable as dropping smart bombs on a 3rd grader for pulling other kids hair. If you want kids to stick up for themselves they have to have some degree of earned self confidence. There can be none of this "every person is special and unique" shenanigans anymore. Self confidence is earned, it is not intrinsic, an entitlement and nor can it be included for no additional fee. An entitlement society will not stop the bullying, it will just create bigger bullies at higher levels.

Teach your kids to stick up for themselves and have them take part in activities that make them proud of who they are. It's not the government's problem, it's yours. A child with their own sense of identity can never be kept down.

Photoblog

2011-03-09T13:29:00.000-05:00

I'm going to start posting photos from Ohio and other places of interest.... starting today.

Seawall Saga: Part 4: Klammer's Last Stand

2010-09-14T19:09:00.000-04:00

Mr. L*******

Thanks again for the pleasant tone of your inquiry. As I understand, the notice was posted by the owner of the property. Neither the city nor the port authority own that property. It seems that by this sign, the owner is providing notice that firearms are not welcome on the premises. As it is not city property, I am closing the issue on my end.
Joseph Randolph Klammer, Esq.

It's not enough that the Eastlake Port Authority explicitly claims control of the seawall area, now they're trying to play a shell game.

I'm sure he had "nothing" to with the sign being posted on the property either.

This is shenanigans by any other name.

Seawall Saga: Part 3: The Sign

2010-09-14T13:23:00.000-04:00

The City of Eastlake just can't seem to take a a hint. They posted this illegal sign at the Seawall the day before our scheduled Open Carry Fishing Trip, mentioned in an earlier blog post.

We found it funny that they have the time to put this shoddily assembled sign up, but don't have the time to make sure that the Seawall is clean and safe.

Our trip was a success though. We had about 22 people come with our group. Both young and old alike. We came, we saw and we fished.

When we visited, there were 55 gallon drums of trash tipped over and garbage all over the place. It was disgusting. It seems that Eastlake has the same "anti-gun slum" mentality that Chicago and NYC share.

A cameraman from Fox 8 took footage of our demonstration and stated that it would be on the news. I'm thinking they are waiting for a statement from the city before they air the story.

Here's my latest email to the law director:

Mr Klammer,

I have not heard back from you regarding the Eastlake Port Authority banning firearms at the Eastlake Fishing Pier.

However, I have noticed that there is a sign now posted in violation of ORC 9.68 that states "no firearms permitted on these premises".
I have attached a picture of the infringing sign to this email.
I would like to know:

1. Who posted this sign.
2. Under who's authority was this sign posted.

Thanks,

Bryan ******

Now we wait, again.

An Oldie, but a goodie. Dial 911 and Die

2010-09-14T09:20:00.000-04:00

When seconds count the police are only ~~minutes~~ hours away.

Self defense is a human right, even in Canada.

Eastlake Seawall - Open Carry Fishing Trip

2010-08-17T13:34:00.000-04:00

In light of the "wink and nod", unwritten and illegal ban on the carry of firearms at the Eastlake Seawall we are having an open carry fishing day there.

I've spoken with the Eastlake Law Director Joseph R Klammer and the conversation has been going in circles. Now, It's time to fish!

WHAT:Open Carry Fishing Trip

WHEN: Sunday, September 12th 2010 at 12:00 noon to whenever.

WHERE: Eastlake Fishing Pier/Seawall at the end of Erie rd. Next to CEI's power plant in Eastlake, OH.

1. You MUST have a fishing license to go fishing.

2. Be friendly The concessioner does not like citizens carrying firearms.

3. Carry whatever you want, but safely and legally.

Seawall Saga: Conversation with the Eastlake PD's acting chief

2010-08-09T14:13:00.003-04:00

I just got off of the phone with Lt Doyle, the acting Chief of Police for the City of Eastlake. He is of the opinion that open carry is only used to "draw attention" to ourselves. I told him that all I wanted to be was left alone by governmental authorities. He said that if I want to be left alone, I should concealed carry. Which contradicts his own argument that the Seawall is private property, which it isn't, and that they can regulate carry as they see fit. I told him that it's public property and they have no authority to force people to conceal their arms.

I let him know that under ORC 9.68 we have the right to carry arms openly and that right shall stand unmolested by any local governmental authority while on public lands. He was not of the same mind. He basically said it would be up to the courts if something were to happen.

I let him know that I had already had a similar incident the next city over in Willowick in 2008 and that it resulted in an officer reprimand. He didn't seem to care.

I asked him what action they would take when next week there are 55 people fishing while openly carrying firearms. He stated that "we would deal with that situation if it arises". I told him I didn't want to stage a protest and that I wanted to avoid all media attention and that I just want to solve this locally. He wouldn't have any of it. He's convinced that open carry is all about "Look at me! Look at me!"

He made a smart comment at the end our conversation saying "I know you're recording this". I know he was.

So I ask you my friends:

Are you ready to go fishing?

Interestingly enough the code of ethics on the Eastlake PD's website they state they will "protect the innocent against deception".

Eastlake PD Code of Ethics as listed on their website:

Law Enforcement Code of Ethics
As a law enforcement officer, my fundamental duty is to serve mankind, to safeguard lives and property, to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.
I will keep my private life unsullied as an example to all, maintain self restraint, and be constantly mindful of the welfare of others. I will be honest in thought and deed in both my personal life and my official life. I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will constantly strive to achieve these objectives and ideas, dedicating myself before God to my chosen profession – law enforcement.

Eastlake, OH Port "Lack of" Authority

2010-08-09T11:48:00.000-04:00

Here's a copy of a letter that I wrote to the Eastlake Mayor, City Council and Port Authority last week after I was harassed by one of their concessioners:

Dear Sirs,

It has come to my attention that individuals supposedly operating under the authority of the Eastlake Port Authority have been taking the law into their own hands.

On 08/04/2010 I was accosted by an individual claiming to represent the Eastlake Port Authority. He refused to identify himself and did not offer any credentials upon request. I was openly carrying a firearm while fishing and he told me that I was to leave the premises at once.

I informed him that he was mistaken and that there is no legal basis for him asking me to leave the premises. I'm an Eastlake resident and I was fishing with my girlfriend. I did not want to have an argument, so I left of my own accord.

There is no current signage stating that the carry of firearms is unlawful at the seawall.

I was later stopped in my vehicle by Patrolman Will L**** and he notified me that I am not to carry my firearm at the Eastlake Fishing Pier. I informed him that it was public property under lease to the city and that I'm allowed to carry there. He did not agree and we went our separate ways. He is a very professional officer and was at all times polite and sincere.

Under the Ohio Revised code (9.68) the carry of firearms on publicly owned or leased lands is only governable by the laws of the State of Ohio and Federal law. No local ordinance can restrict the carry of firearms openly or concealed on publicly owned or leased lands.

If a challenge were presented to this "rule", no firearms at the seawall/fishing pier, in court it would surely be found to be unconstitutional and the City of Eastlake would be responsible for all costs and reasonable attorney fees incurred in bringing legal action. This has already been ruled on by the Ohio Supreme Court in OFCC vs Clyde. Link to: http://www.supremecourt.ohio.gov/PIO/summaries/2008/0918/070960.asp

Also, when any government official uses the authority of their office to deny a civil right to a citizen they are personally liable for deprivation of rights under color of law. This is a Federal Offense: http://www.law.cornell.edu/uscode/18/usc_sec_18_00000242----000-.html

I ask that this issue be resolved before involving my legal counsel becomes necessary.

I appreciate your prompt response in this matter,

Sincerely,

Bryan L******
Link to ORC 9.68 http://codes.ohio.gov/orc/gp9.68

I've spoken with the chairman of the Port Authority on the phone last week. I hope I can get some resolution on this soon.

YAL and OFCC - Rally against unconstitutional law in Campbell, Ohio

2010-04-17T23:20:00.005-04:00

Vindicator - Gun-law rally in Campbell

OFCC, Ohioans for Concealed Carry and YAL, Young Americans for Liberty, descended upon Campbell, Ohio to show our mutual contempt at Campbell's politicians thumbing their nose at the constitution.

Campbell has an ordinance on record that prohibits the sale of firearms within city limits. Not only is this in violation of Ohio Law, preemption under ORC 9.68, it's against the 2nd Amendment of the U.S. Constitution.

Some of us even brought firearms for sale during our protest of the cities unfair laws.

We were originally schedueled to have our rally in Downtown Campbell, but a last minute location change left some of our supporters scattered to the wind. The mayor of Campbell decided at the last minute to move our rally to Roosevelt Park.

I believe this change in venue was done on purpose to misdirect both supporters of our cause and the media.

Regardless there was substantial media coverage and turnout given the weather, location and the short notice that most members of OFCC had of this event.

Rally in Campbell to Repeal Gun Sales Ban

WFMJ - Gun Sale Ban In Campbell Stirs Controversy
-I had a short little part to play in this video

The above video has a great shot of the money that YAL and OFCC were required to pay directly to the cops. Varg Freeborn, of YAL, is shown on tape having to pay the police for our 1st Amendment Rights in cold hard cash.

City Offiicals were scared that 100 or so responsibly armed citizens couldn't possbily keep order themselves and extorted YAL and OFCC into paying for "security".

I don't like to play favorites, but I'd like to personally thank Chris Harben for being the voice of OFCC at this event.

Flickr - Photos of the Event by Erica Kahoon

Fifth Third Bank is run by criminals.

2009-09-15T17:54:00.001-04:00

"$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.

The Last Psychiatrist - Blog

2009-09-13T13:37:00.000-04:00

http://thelastpsychiatrist.com

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.

The day before my 18th birthday...

2009-09-11T13:41:00.002-04:00

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.

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

2009-09-04T14:44:00.002-04:00

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

2009-09-04T11:28:00.001-04:00

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.

The life of a secret (insurance) agent

2009-09-03T11:19:00.001-04:00

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.

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

2009-08-31T22:11:00.003-04:00

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

2009-08-31T21:04:00.002-04:00

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!

2009-08-31T20:48:00.001-04:00

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.

THANK YOU ALL

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

2009-08-28T11:57:00.000-04:00

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.

I found a target for the next time I go to the range.

2009-08-05T21:43:00.000-04:00

I think these guys have the right idea.

Jews for the Preservation of Firearms Ownership.

I made a button...

2009-07-24T12:44:00.000-04:00

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.

On the radio again....

2009-07-19T15:04:00.000-04:00

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.

2009-07-19T01:05:00.000-04:00

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:

"ORIGINALLY DEF WAS SET FOR BENCH TRIAL TODAY. THIS DATE WOULD BE THE 90TH & FINAL DAY DEF COULD BE BROUGHT TO TRIAL WITHOUT A VIOLATION OF R.C.2945.71 & 72, THE "SPEEDY TRIAL" PROVISIONS. HOWEVER, ON JUNE 3, 2009 DEF CHOSE TO FILE A JURY DEMAND. THIS SINGLE JUDGE MUNICIPAL COURT HEARS APPROXIMATELY 14,000 CASES PER YEAR & BASED UPON THE COURT'S DOCKETS & CALENDER THE EARLIEST DATE FOR WHICH THE COURT HAS SUMMONED JURORS & BLOCKED OUT TWO CONSECUTIVE DAYS TO CONVENE & VENUE & HEAR A CASE ARE JULY 9 & 10TH, 2009. THERE IS ANOTHER CASE PREVIOUSLY SET FOR THAT DATE HOWEVER, IT CAN BE RESET FOR A SUBSEQUENT DATE BY THE COURT. R.C.2945.72 PROVIDES EXTENSIONS TO THE 90-DAYS RULE FOR "[a]any period of delay necessitated by...[a] motion, proceeding, or action made or instuted by the accused." BUT FOR DEF'S ACTION IN FILING A JURY DEMAND THE SPEEDY TRIAL STATUTE WOULD NOT HAVE BEEN AN ISSUE. AS THE FIRST AVAILABE DATE FREE TO COMMENCE A JURY TRIAL IS JULY 9, 2009 THE COURT FINDS THIS DELAY TO BE REASONABLE AND DOES NOT BELIEVE THAT THE DELAY OF 24 MORE DAYS PREJUDICIES THE RIGHTS OF THIS DEF. JURY TRIAL SET FOR JULY 9, 2009 AT 8:30AM. K.J.MONTGOMERY,JUDGE"

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.

In other news: At the range...

2009-07-18T21:11:00.000-04:00

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 ; )

Happy 4th of July

2009-07-05T12:17:00.000-04:00

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.

2009-06-01T20:49:00.000-04:00

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 : )

Uh Oh. I took this little test.

2009-03-12T02:38:00.001-04:00

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:

Democrat

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

My Personal Carry Items

2009-03-10T01:21:00.000-04:00

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.

On the radio...

2009-03-09T18:54:00.001-04:00

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.

ΜΟΛΩΝ ΛΑΒΕ

OFCC Member (me) Detained and Harassed for Open Carry

2008-06-19T19:01:00.001-04:00

This was written by a friend from OFCC, Ohioans for Concealed Carry. I was treated very poorly by the Willowick, Ohio Police Department. Fortunately I had my iPhone on me and remembered that I had a function to make audio recordings. This way it is not my word against theirs. All there is ..... is the truth.

Listen to encounter in mp3 format ->here

Please read below.

Written by Daniel White

Wednesday, 18 June 2008

Bryan Ledford, an Ohioans For Concealed Carry member, was walking down a street in Willowick, OH yesterday when he was ordered to his knees at gunpoint by several police officers. Our member was exercising his right to Keep and Bear Arms by openly carrying a firearm. He did also have a concealed handgun license.

A Willowick Police Sergeant showed up at the scene, and our member was berated by several of the officers over his choice to openly carry, even being told that, "you can't just walk around with your gun exposed" and that he "made a piss-poor decision. It has to be concealed."

As people educated about Ohio law know, there is absolutely nothing illegal about open carry of a firearm in places not prohibited by federal or state law.

Our member recorded the incident (audio is available in .mp3 format at the end of this story), verifying what appears to be numerous incidents of officers displaying an ignorance of the law and possibly civil rights violations.

If nothing else, they were grossly misinformed when threatening to arrest him for disturbing the peace.

To start off, here is the full story in our member's own words, as posted in our public forums...

In Willowick, OH I was walking down the street and was approached from behind by a police cruiser. I was told to put my hands on my head and to get on my knees, for officer safety I would assume. The officer told me that he was stopping me for carrying a weapon. He stated that a local resident called them to say that I was carrying a firearm. Within a few seconds there were 4 other officers on the scene each with their own vehicle. 1 vehicle was unmarked but it was driven by a uniformed officer. I explained to them that I was not doing anything illegal. The sergeant that showed up stated that I was doing something illegal and that I was in fact inducing a panic. I have heard before that this is what officers would say about an openly carried weapon in public. I explained to them that this right is guaranteed to me by the Constitution of the United States of America and that the state of Ohio has even greater protections for the right to bear arms and that I am not here to cause a problem. I was just going to get lunch, and would like to do so in peace. They were notified that I have an CCW permit in the state of Ohio. He told me that I have the permit and that I have to carry concealed. One of the officers said, "what do you think people are going to think when they see you carrying that gun on your hip down the street? With all of the things that have been happening in the media. You know how people are." I stated that he was carrying a gun and that didn't seem to alarm people and that most people who encounter me are very friendly and ask questions about OC'ing. To which he responded that he has a badge and a uniform. The conversation ended with basically I am not allowed to OC in Willowick. The sergeant stated that he was not a gun grabber, but that this was just not acceptable to be OC'ing around here.

I have to hand it to most of the officers for being kind of friendly. The sergeant that I was dealing with was the one driving the situation and was very stern throughout the confrontation. I was not disarmed and was carrying two pistols (Sig P229 OC, Glock 27 CC undershirt). I really respect them for not disarming me.

On a lighter note:
One of the officers told me I would be better off carrying another mag for the Sig instead of the Glock, but I was carrying another mag for the Sig already. He got a laugh out of it as did I. Another officer said that I was more well armed than any of them..and another chimed in "not quite". I didn't see what he was carrying because he was behind me, but I'll take his word for it.

I have the confrontation recorded and converted to mp3. The recording ended at 9:59 seconds, but there was not much of interest after that. The officer basically made me aware that I was not to OC anymore because I would be charged with inducing a panic. I know I did not cover the entire conversation in this post there was a good amount more to it, but I just wanted to get this out there.

I really have to say that I am more than a little intimidated to OC around here anymore. I do have my CCW, but I like to open carry for the comfort (no IWB) and I enjoy educating the lay person of their rights. I don't want to be a test case.

After listening to the audio, I have several serious issues with this whole incident. I don't have all of the details yet, but I'm going to assume it was the Sergeant who was primarily talking to Brian and will list him as such in the discussions of the audio. I was going by voices, and it is possible that I misidentify who is speaking on the recording. Please keep that in mind as you read, and I encourage you to listen to the recording for tone and context.

Sergeant: "You can't walk down the road with your gun opened up like that. That's the whole point of the law."

Sergeant: "You can't be walking around with your gun exposed."

Sergeant: "Did anybody tell you that it's a good idea to walk down a city street with the goddamn thing showing? Did anybody say that?"

Actually, you can walk down the street with your firearm exposed. In fact, if you do not have a Concealed Handgun License, that is the ONLY way you can exercise your right to keep and bear arms. The Klein v Leis case before the Ohio Supreme Court affirmed that Ohioans have a "fundamental, individual right to bear arms for self-defense" and that restrictions on concealed carry were constitutional because you can openly carry.

Getting a CHL does not mean you forfeit your right to openly carry, as noted in this memo sent to OFCC in 2006 from the Ohio Attorney General's office.

There is no truth to the statement that having a concealed weapons license means you have forfeited the ability to carry openly. No one in the attorney general's office should have or would give such advice.

Mark Gribben
Director of Constituent Services
Office of Attorney General Jim Petro

That fact is also confirmed in a memo circulated in Hamilton County, which read, in part,

There is no statute, in the state of Ohio, which prohibits the carrying an unconcealed firearms, on your person. Police officers are advised that they should not consider an individual openly carrying a firearm as an "automatic arrest." Officers must exercise their judgment and only make an arrest in cases where probable cause existed to believe that the person carrying the firearm is violating the law. Openly carrying a firearm does not mean that the person is automatically guilty of Disorderly Conduct (R.C. 2917.11) or Inducing Panic (R.C. 2817.31). Each case must be judged on it's own set of facts.

Additionally, a memo was circulated by Sgt. Jeff Mullins of the Akron police department again stating,

Under state law, there is no prohibition against carrying a firearm openly, i.e., not concealed. A permit is not required to carry this way. Carrying a pistol openly on the hip is not breaking the law. This action in and of itself alone is not a basis for a stop.

Neither is carrying a gun openly disorderly conduct or inducing panic.

In order to explore those particular threats of arrest, made by the officers, they need to be looked at individually.

Inducing panic, brought up multiple times by the officers, is defined as:

INDUCING PANIC.

(a) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false.

(2) Threatening to commit any offense of violence.

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

Carrying a firearm isn't circulating a report, having it in a holster is no threat to commit violence, and it can't be an offense because it isn't illegal and is, in fact, required by law if you do not have a CHL.

Disorderly conduct.

(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

Openly carrying a firearm is not fighting, threatening harm, or violent behavior. It isn't making noise or an offensively course utterance. It isn't insulting, taunting, or challenging. It isn't hindering or preventing movement by being an act serving no lawful and reasonable purpose (hint: the OSC said it is a right so therefore is lawful). It may be a condition physically offensive to some people, but again fails to meet the requirements of serving no lawful and reasonable purpose. The right to self defense is both lawful and reasonable.

Neither one of these crimes with which Bryan was threatened to be arrested for met the requirements of his actions. There were, however, actions that day that very well may have met the guidelines of being a crime.

Sergeant: "I gotta hear a rationalization for this."
Bryan: "I don’t know if I need one"
Sergeant: "Don't know if you need one? I'm asking for one, I, damn straight, you need one."(sic)

While Bryan is talking about the Second Amendment:
Sergeant: "Shut up, don’t talk to me about that, I taught the goddamn class. It doesn’t allow you to walk around with it exposed."

Sergeant: "Bottom line is you made a piss-poor decision. It has to be concealed."

Sergeant: "You are not abiding by the guidelines of this permit. Do you want me to call the Sheriff and have it revoked?.... You’re not abiding by the law. It’s gotta be concealed."

Sergeant: "Are you going to kneel there and argue with me all goddamn day? … How about nodding your head and saying 'OK, yeah I won’t do it again'."

Sergeant: "Your permit allows you to carry concealed. It’s not an invitation, it’s not a permit to carry with it exposed so you can go on your self-righteous tangent about educating people about the Second Amendment. I’m all for the Second Amendment, I’m a huge supporter, NRA card carrying member, all that good shit. I’m not talking down to you as a gun grabber or anti gun piece of shit. Bottom line is you did do something wrong. We can charge you with inducing panic or disorderly conduct. It’s not the intention of the law. It’s not the intention of the right you went and got the license for."

Berating a citizen who is breaking no laws for exercising rights guaranteed protected by both the United States Constitution and the Ohio Constitution, particularly with that little tirade at the end, comes dangerously close to, if not crossing the line entirely:

525.13 INTERFERING WITH CIVIL RIGHTS.

(a) No public servant, under color of his or her office, employment, or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right.

(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.

By specifically browbeating Bryan about his right to openly carry, affirmed by the Ohio Supreme Court and for which no law or ordinance prohibits, that could definitely be considered depriving or attempting to deprive him of his constitutional or statutory right to bear arms.

Ohioans for Concealed Carry will be continuing to investigate this situation, and we will be contacting the Willowick Police Department for action resolving the issues raised.

In light of the abuses displayed, we feel that in the least an apology is owed to Brian. In order to be sure nothing like this happens again, a training memo needs to be sent to all Willowick officers to be sure they are aware of the specifics of the law as it relates to law abiding citizens carrying firearms. Dispatchers should receive training as well. If a call comes in that a person has a gun the dispatchers should ask the caller if that gun is holstered. If it is, no crime is being committed.

The Sergeant ended the encounter with the words, "Don’t let it happen again, Bryan."

Chief Michael T. Lazor of the Willowick Police Department, I'm asking that you not let this happen again.

Before ending this story, I want to point out that our issue is with this specific incident and the officers involved, not the law enforcement community in general. The vast majority of contacts between CHL holders, and anyone exercising their right to keep and bear arms in Ohio, with law enforcement have been positive. Most law enforcement officers have been very supportive of our rights, and we are very appreciative. While there have been a few cases where re-education was needed in the past, we had hoped those were behind us. It is the rarity of such incidents like this, as well as the obviousness of the misconduct, that drew this particular incident to the forefront.

Where my ideas come from....

2008-06-19T12:42:00.000-04:00

Article I, Section 4 of the Ohio
Constitution states clearly that:

The people have the right to bear arms for their defence and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.

Article, I Section 14 of the Ohio Constitution
states clearly that:

The right of the people to be secure in their persons, houses, papers, and
possessions, against unreasonable searches and seizures shall
not be violated; and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, particularly describing the place
to be searched, and the person and things to be seized.

The Constitution of The United States of America states that:
Amendment 4 - Search and Seizure. Ratified
12/15/1791.
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.

These are rights that must be taken seriously.