Woman calls police to get wanted man out of her house; Officers charge her with "failure to notify;" confiscate her gun

[Acer-m14]

" a woman who called police for help in removing a wanted man from her home was charged for having forgotten to notify the officer that she had a concealed handgun license (CHL) and had her firearm in her purse. "

BTW its in the home too ..

Woman calls police to get wanted man out of her house; Officers charge her with "failure to notify;" confiscate her gun | Buckeye Firearms Association

In the fight to change the law regarding the duty to promptly notify a law enforcement officer that one is legally exercising their right to bear arms in the State of Ohio, Buckeye Firearms Association is often asked what harm is the current law actually causing.

www.buckeyefirearms.org

 

[Carlos Hathcock]

 

[TEOTWAWKI inc.]

Guarantee there is more to the story. Could just be an asshole cop, and it could also just be a real cunt-y homeowner who pissed the cop off.

 

[spat]

Guarantee there is more to the story. Could just be an asshole cop, and it could also just be a real cunt-y homeowner who pissed the cop off.

A professional would not abuse his authority just because the "customer" was an asshole.

 

[TEOTWAWKI inc.]

A professional would not abuse his authority just because the "customer" was an asshole.

I kind of pictured the woman holding her bag or digging through it during the interaction, and the cop realizing they could have been in a vulnerable position.

 

[livingston]

I kind of pictured the woman holding her bag or digging through it during the interaction, and the cop realizing they could have been in a vulnerable position.

Could be ... Handgun in the purse without a holster and she is clawing around in it...

 

[Celt]

Regardless of many things, notification laws are WRONG and any LEO that enforces these laws when the person hasnt committed any other crime is a boot licking authoritarian.

 

[Podmonkey]

Ohio has long been known as a wanna be Nazi state run by RINOs.

 

[Criticalt]

Ohio has long been known as a wanna be Nazi state run by RINOs.

I believe Ohio is like NYS.....it depends on where you live.
I have friends in Ohio where the local authority are very pro 2A and something like this would most likely not have happened.

 

[Podmonkey]

I believe Ohio is like NYS.....it depends on where you live.
I have friends in Ohio where the local authority are very pro 2A and something like this would most likely not have happened.

I'm talking about the state as a whole. Ohio laws are primed to fuck over gun owners just like they did to this woman.

 

[Criticalt]

Apparently in Rhode Island you can be ARRESTED for carrying a gun, even if you have a valid permit. And be held for 24 hours while they decide if you committed a crime......all without a warrant.

EVERY OFFICER AUTHORIZED TO MAKE AN ARREST MAY, WITHOUT COMPLAINT AND WARRANT, ARREST ANY PERSON WHO HAS IN HIS OR HER POSSESSION ANY FIREARM, WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW. ANY PERSON SO ARRESTED MAY BE DETAINED A REASONABLE TIME, NOT EXCEEDING TWENTY-FOUR (24) HOURS, FOR THE PURPOSE OF MAKING AN INVESTIGATION CONCERNING THE PERSON, BUT NO PERSON SO ARRESTED SHALL BE DETAINED LONGER THAN TWENTY-FOUR (24) HOURS WITHOUT COMPLAINT BEING MADE AGAINST HIM OR HER BEFORE SOME PROPER COURT OR JUSTICE. IF THE OFFICER MAKING THE ARREST SHALL AT ANY TIME WITHIN THE TWENTY-FOUR (24) HOURS SATISFY HIMSELF OR HERSELF THAT THERE IS NO GROUND FOR MAKING A CRIMINAL COMPLAINT AGAINST THE PERSON, HE OR SHE SHALL THEREUPON BE DISCHARGED FROM CUSTODY

 

[Podmonkey]

Apparently in Rhode Island you can be ARRESTED for carrying a gun, even if you have a valid permit. And be held for 24 hours while they decide if you committed a crime......all without a warrant.

EVERY OFFICER AUTHORIZED TO MAKE AN ARREST MAY, WITHOUT COMPLAINT AND WARRANT, ARREST ANY PERSON WHO HAS IN HIS OR HER POSSESSION ANY FIREARM, WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW. ANY PERSON SO ARRESTED MAY BE DETAINED A REASONABLE TIME, NOT EXCEEDING TWENTY-FOUR (24) HOURS, FOR THE PURPOSE OF MAKING AN INVESTIGATION CONCERNING THE PERSON, BUT NO PERSON SO ARRESTED SHALL BE DETAINED LONGER THAN TWENTY-FOUR (24) HOURS WITHOUT COMPLAINT BEING MADE AGAINST HIM OR HER BEFORE SOME PROPER COURT OR JUSTICE. IF THE OFFICER MAKING THE ARREST SHALL AT ANY TIME WITHIN THE TWENTY-FOUR (24) HOURS SATISFY HIMSELF OR HERSELF THAT THERE IS NO GROUND FOR MAKING A CRIMINAL COMPLAINT AGAINST THE PERSON, HE OR SHE SHALL THEREUPON BE DISCHARGED FROM CUSTODY

How is that constitutional?!

 

[S&W Fan]

Apparently in Rhode Island you can be ARRESTED for carrying a gun, even if you have a valid permit. And be held for 24 hours while they decide if you committed a crime......all without a warrant.

EVERY OFFICER AUTHORIZED TO MAKE AN ARREST MAY, WITHOUT COMPLAINT AND WARRANT, ARREST ANY PERSON WHO HAS IN HIS OR HER POSSESSION ANY FIREARM, WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW. ANY PERSON SO ARRESTED MAY BE DETAINED A REASONABLE TIME, NOT EXCEEDING TWENTY-FOUR (24) HOURS, FOR THE PURPOSE OF MAKING AN INVESTIGATION CONCERNING THE PERSON, BUT NO PERSON SO ARRESTED SHALL BE DETAINED LONGER THAN TWENTY-FOUR (24) HOURS WITHOUT COMPLAINT BEING MADE AGAINST HIM OR HER BEFORE SOME PROPER COURT OR JUSTICE. IF THE OFFICER MAKING THE ARREST SHALL AT ANY TIME WITHIN THE TWENTY-FOUR (24) HOURS SATISFY HIMSELF OR HERSELF THAT THERE IS NO GROUND FOR MAKING A CRIMINAL COMPLAINT AGAINST THE PERSON, HE OR SHE SHALL THEREUPON BE DISCHARGED FROM CUSTODY

WTF ??!! Draconian is far to mild of a term for this kind of bullshit.

 

[Criticalt]

How is that constitutional?!

And this isnt just for handguns....its for all guns in all situations.
So, if you are hunting, you can be arrested.....not detained.....ARRESTED and held for 24 hours, without a warrant and without reprise.

 

[cgrutt]

WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW.

Not a lawyer but it seems person would first need to show cause to officer making arrest that he was or intending to use firearm illegally... NY law has similar language as I'm sure other states as well.

 

[Criticalt]

WTF ??!! Draconian is far to mild of a term for this kind of bullshit.

And they wonder why people say, "from my cold dead hands".

 

[Criticalt]

Not a lawyer but it seems person would first need to show cause to office making arrest that he was or intending to use firearm illegally... NY law has similar language as I'm sure other states as well.

As far as I can find cops can DETAIN to investigate but RI law clearly states ARREST.

 

[cgrutt]

As far as I can find cops can DETAIN to investigate but RI law clearly states ARREST.

Perhaps but still not license to arrest hunters and pistol permit holders who are going about their business lawfully.

 

[cgrutt]

And, in most states if a cop finds a gun on you they can remove the gun from you and run the serial number and verify your permit if one is needed.
But this RI law clearly states that they need NO reason to believe you are going to use the gun illegally and they can ARREST you until they find out if you commited a crime.....for up to 24 hours.
Looking through all states laws, I dont see anything else like this from RI.

You lost me on part about no reason to believe person was going to use gun illegally.... doesn't the law cited say exactly the opposite?

 

[SomeSoldier]

I kind of pictured the woman holding her bag or digging through it during the interaction, and the cop realizing they could have been in a vulnerable position.

Could be ... Handgun in the purse without a holster and she is clawing around in it...

I will wait for the rest of the story. We are guessing at too many things.

 

[Criticalt]

Perhaps but still not license to arrest hunters and pistol permit holders who are going about their business lawfully.

Ahhh ok, I misread WHENEVER for WHETHER

 

[@thewheels]

 

[Blimey]

Apparently in Rhode Island you can be ARRESTED for carrying a gun, even if you have a valid permit. And be held for 24 hours while they decide if you committed a crime......all without a warrant.

EVERY OFFICER AUTHORIZED TO MAKE AN ARREST MAY, WITHOUT COMPLAINT AND WARRANT, ARREST ANY PERSON WHO HAS IN HIS OR HER POSSESSION ANY FIREARM, WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW. ANY PERSON SO ARRESTED MAY BE DETAINED A REASONABLE TIME, NOT EXCEEDING TWENTY-FOUR (24) HOURS, FOR THE PURPOSE OF MAKING AN INVESTIGATION CONCERNING THE PERSON, BUT NO PERSON SO ARRESTED SHALL BE DETAINED LONGER THAN TWENTY-FOUR (24) HOURS WITHOUT COMPLAINT BEING MADE AGAINST HIM OR HER BEFORE SOME PROPER COURT OR JUSTICE. IF THE OFFICER MAKING THE ARREST SHALL AT ANY TIME WITHIN THE TWENTY-FOUR (24) HOURS SATISFY HIMSELF OR HERSELF THAT THERE IS NO GROUND FOR MAKING A CRIMINAL COMPLAINT AGAINST THE PERSON, HE OR SHE SHALL THEREUPON BE DISCHARGED FROM CUSTODY

It does require the cop to have "reasonable ground to suspect that the person...is carrying the firearm contrary to law". As in if you have a carry permit the cop cannot simply arrest you.

Police often in many areas can stop a person who is legal but if the cop suspects they are not; e.g. detain for investigation.

 

[Pale Rider]

"WHENEVER THE OFFICER HAS REASONABLE GROUND TO SUSPECT THAT THE PERSON POSSESSES OR IS USING OR IS CARRYING THE FIREARM CONTRARY TO LAW."

This the same thing as saying the officer has probable cause, which is defined as facts and circumstances which would lead a reasonable and prudent person to believe that a crime has been, is being, or is about to be committed. There is nothing nefarious going on here.




t

 

[Cooolone]

Well...

Ohio is right next door to Pennsyltuckey!!!

The brain matter there is severely rationed when distributed!

Do you know what the age of consent is there? Well, that'll tell you all there is to know about that fucking place!

Lol

 

[TEOTWAWKI inc.]

I got a ticket when I was a kid for obstruction of vision for an air freshener on the rear view mirror. That was after the cop ransacked my car for 20min and came up empty handed. I was respectful the entire time, so the ticket was complete BS. He didn't even pull me over. I was parked legally in front of a store.
Had I hit someone or something with my vehicle, and received the same ticket, I wouldnt view that as abuse of that law.

 

[SonOfSun]

WTF ??!! Draconian is far to mild of a term for this kind of bullshit.

It's Sideshow Island, what do you expect?

 

[Criticalt]

It does require the cop to have "reasonable ground to suspect that the person...is carrying the firearm contrary to law". As in if you have a carry permit the cop cannot simply arrest you.

Police often in many areas can stop a person who is legal but if the cop suspects they are not; e.g. detain for investigation.

Yes, I had originally misread the law, I realized that in other posts.
But we all know how cops misuse the " probable cause" thing.
"I smell weed!!" They lie about that a lot and search.
My main point is that this law states they can arrest and detain you for 24 hours if they SUSPECT you MAY have committed a crime.
Reading through the other states laws, even NY, Cali and Hawaii dont have the arrest and detain for 24 hours wording.

 

[Pale Rider]

"But we all know how cops misuse the " probable cause" thing.
"I smell weed!!" They lie about that a lot and search."

Do you have evidence to support that statement, or is it something that you" just know?"