Arrested for legally open carrying pistol (OH)

[Nikki319]

What is the name of your state (only U.S. law)? OH

A gentleman was arrested for open carrying his weapon because a woman saw it and called the police, the police arrived and arrested him. charing him with illegally concealing a weapon, inducing panic and one other one i cannot remember. The gentleman was then released on bail and the only charge on his ticket was inducing panic.
He contacted an attorney and had the case moved from a mayors court to a city municpial court. The prosecutor now wants to reinstate the felony charges, is this something that can be done?

 

[justalayman]

as long as the charges were not dismissed with prejudice, they can be refiled any time within the applicable statute of limitations

 

[Ohiogal]

What is the name of your state (only U.S. law)? OH

A gentleman was arrested for open carrying his weapon because a woman saw it and called the police, the police arrived and arrested him. charing him with illegally concealing a weapon, inducing panic and one other one i cannot remember. The gentleman was then released on bail and the only charge on his ticket was inducing panic.
He contacted an attorney and had the case moved from a mayors court to a city municpial court. The prosecutor now wants to reinstate the felony charges, is this something that can be done?

Yep it can be done. He had no absolute right to be openly carrying a weapon.

 

[justalayman]

Yep it can be done. He had no absolute right to be openly carrying a weapon.

from what I am finding, it is legal to open carry in Ohio sans permit as long as one has a right of legal possession of the weapon involved. Is there a law contrary to that I am not finding?

I think the charge being reinstated is concealed carry, most likely due to not having a CCW

but then the question is:

if it was concealed, how can he be cited for inciting alarm as that requires the weapon to be known to those being alarmed




unless, of course, this involved varying activities and we just aren't getting the entire story

 

[Ohiogal]

from what I am finding, it is legal to open carry in Ohio sans permit as long as one has a right of legal possession of the weapon involved. Is there a law contrary to that I am not finding?

How was he openly carrying it? Where was he openly carrying it? Does he have ANY criminal history? Was it in a holster or his hands? I can think of a 100 different ways in which this man could not legally be carrying the weapon in the open.

 

[justalayman]

How was he openly carrying it? Where was he openly carrying it? Does he have ANY criminal history? Was it in a holster or his hands? I can think of a 100 different ways in which this man could not legally be carrying the weapon in the open.

true but I believe your blanket statement was, at least, misleading. It implies there is no legal open carry allowed in Ohio.

 

[Ohiogal]

Also:
http://www.ohioopencarry.org/legality-open-carry-ohio
http://www.opencarry.org/?page_id=286

 

[Ohiogal]

true but I believe your blanket statement was, at least, misleading. It implies there is no legal open carry allowed in Ohio.

I concede and shall edit it.

 

[Nikki319]

Justalyaman thank you for the information, I do not know if it was or was not dismissed with prejudice.

As for the situation:
He was depositing around $1000 into the bank atm (outside). He had contacted that bank months prior to carrying there to confirm that it wouldn't be a problem and they are a carry friendly bank. (stated by the bank representative). He has openly carried there many times as well as other local places not far from there with no problems from both staff, customers and security officers.

On this particular day he had his holster (a brown leather outisde the waistband) attached to his belt. His shirt was tucked into his pants and underneath the belt to reinforce that his shirt wouldn't be "untucked" or "pucker" over the grip. He has carried like this before in Open Carry walks around Downtown Cleveland. The shirt was a tight fitting shirt to boot.

The reason for carrying was because he was making a large deposit of cash (rent/paycheck) into the atm, and with the multiple robberies/theft (of which happened to him) he felt more secure in detering a would be theif. He understands the Ohio Revised Code that it is his duty to retreat to safety should a situation arise instead of instigating or taking the law into his own hands.

Also he has no criminal history.

Thank you for all of your responses.
Hopefully this time next week I wont be pulling my hair out anymore.

EDIT: He also recieved the gun lawfully through an FFL transfer where a background check was performed on him.

 

[justalayman]

one problem is you do not appear to have all the facts necessary to really give you an answer.


Your first post suggests he is being charged with carrying a concealed weapon without a permit. That is a very fact based issue. I know in my state, at one point, carrying in a holster allowed for such a charge. Eventually it was ruled that the weapon being in a holster (as long as the holster is obviously visible) was tantamount to open carry and as such, allowable. I do not know how Ohio treats the issue and will take some research to discover.

I would presume the charges were not actually dismissed at all, with or without prejudice, but simply not acted upon. They have now decided to file the charges and seek prosecution which is completely legit. Happens all the time, especially with something where the DA would have to investigate the incident and the law surrounding the issue prior to making a decision to prosecute.

His reason for carrying is irrelevant. That never supersedes the law concerning carrying a weapon.

you also had this:

and one other one i cannot remember.

that one other might be telling in why anything was charged at all.


Simply carrying a weapon does not constitute inducing panic. This is not to mean that the police cannot respond (and rightfully should) to a call from a citizen that observed the weapon and was panicked. Inducing panic and simply that a bystander was panicked are not the same thing though.

So, we have a guy carrying a weapon, openly by his claim and appearing as such by a statement given by a person that has not claimed to actually be there so the value is limited, not so by the police statement (which we do not have); a claim of inducing a panic which the defendant denies but apparently there was enough to cause a cop to write the citation; and some unknown charge

so, what are you looking for? The only thing that can really be answered already has; Yes, they can file charges some time after the incident such as they have.

 

[Nikki319]

one problem is you do not appear to have all the facts necessary to really give you an answer.


Your first post suggests he is being charged with carrying a concealed weapon without a permit. That is a very fact based issue. I know in my state, at one point, carrying in a holster allowed for such a charge. Eventually it was ruled that the weapon being in a holster (as long as the holster is obviously visible) was tantamount to open carry and as such, allowable. I do not know how Ohio treats the issue and will take some research to discover.

I would presume the charges were not actually dismissed at all, with or without prejudice, but simply not acted upon. They have now decided to file the charges and seek prosecution which is completely legit. Happens all the time, especially with something where the DA would have to investigate the incident and the law surrounding the issue prior to making a decision to prosecute.

His reason for carrying is irrelevant. That never supersedes the law concerning carrying a weapon.

you also had this:


that one other might be telling in why anything was charged at all.


Simply carrying a weapon does not constitute inducing panic. This is not to mean that the police cannot respond (and rightfully should) to a call from a citizen that observed the weapon and was panicked. Inducing panic and simply that a bystander was panicked are not the same thing though.

So, we have a guy carrying a weapon, openly by his claim and appearing as such by a statement given by a person that has not claimed to actually be there so the value is limited, not so by the police statement (which we do not have); a claim of inducing a panic which the defendant denies but apparently there was enough to cause a cop to write the citation; and some unknown charge

so, what are you looking for? The only thing that can really be answered already has; Yes, they can file charges some time after the incident such as they have.

Yeah I was moreso just looking for if they can reinstate the charges. Because I really just had no idea.

that 3rd charge that I'm wasn't sure of was Criminal Intent. He was being charged with the intent to cause a crime under suspcious activity/threat of causing bodily or fear of threat. (having the weapon)

I doubt that 3rd charge helps but I do know that that is not the one they are adding back onto the case. Just the Concealled Weapon charge as well as the inducing panic charge.

 

[justalayman]

well, that 3rd charge strongly suggests there is much more to the situation than you have related here.

 

[Nikki319]

well, that 3rd charge strongly suggests there is much more to the situation than you have related here.

That's what I thought too but there is no more. I wish there was more so that there wouldn't be these unanswered questions.

But I will say, you have been the most help here and I greatly appreciate it

 

[justalayman]

That's what I thought too but there is no more. I wish there was more so that there wouldn't be these unanswered questions.

But I will say, you have been the most help here and I greatly appreciate it

were you there? If not, it is impossible for you to say there is no more because what you have is the situation as related to you by somebody else, presumably the defendant. His statements are obviously going to be based on his belief of innocence.

 

[dave33]

well, that 3rd charge strongly suggests there is much more to the situation than you have related here.

I respectfully disagree. It is very possible there is more to the situation, but just because the police load up the charges, I do not feel that means the o.p. is leaving something out. This could be an example of how an officer can charge someone because they have the power to. It's just as possible the officer felt the person should not be openly walking around with a gun.

This is something that is important to spend the money to argue in court. Although, many things that should be argued aren't because of the cost.