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Thread: What would you do?
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November 14th, 2017, 03:51 PM #11
Re: What would you do?
"(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;"
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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November 15th, 2017, 09:56 AM #12Member
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Cleveland, but looking to relocate to Oil City,
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Re: What would you do?
Ohio allows you to carry through a school zone if you are not exiting your vehicle. They just changed the law to also state permit holders can store in their vehicle if they are entering the school.
http://codes.ohio.gov/orc/2923.122
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November 15th, 2017, 01:53 PM #13
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November 15th, 2017, 02:40 PM #14
Re: What would you do?
I am not a lawyer and don't know the extent of the law in Ohio. But there are several options and ways of thinking about this.
1. Do exactly what you did. Keep it concealed, deal with everything as courteously and adult-like as possible, and get out of there. This would probably work almost every time.
2. Hide it in the car before you leave the vehicle (this would totally depend on how feasible it is to conceal it without being seen, and whether you are going to drive the car away or need to have it towed)
3. Fifth amendment - I don't care what the "duty to inform" law says, you cannot be compelled to speak or incriminate yourself. Someone needs to win a good lawsuit in every state that has this ridiculous law. Revert to option 1.
4. Loophole - In Ohio you have a duty to inform during a traffic stop, right? This was not a traffic stop. The cop did not pull you over, and was not there to detain you or cite you on anything. So no duty to inform. He did not pull you over. Revert to option 1.
5. If push comes to shove and the feds get involved you leverage the feds against the state. You were complying with the federal school zone law (moving down the road not stopping at the school) until the state trooper forced you to stop in a school zone, violating the federal law. So now it is the state vs the feds, with you as an afterthought in between. Let them fight it out. Sue the state for forcing you to break a federal law. etc... You aren't allowed to flee the scene of an accident (hit and run or whatever its called) so in order to follow the state law, you had to break a federal law. Let the state and the feds fight about it. This would suck, but then you would only have to fight the winner, not both.Sic semper tyrannis
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November 15th, 2017, 10:23 PM #15
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November 15th, 2017, 10:31 PM #16
Re: What would you do?
Sic semper tyrannis
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November 16th, 2017, 01:26 PM #17Senior Member
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Near Daytona Beach,
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Re: What would you do?
A few years back I was traveling with Mrs PAcarrier to Columbus on a pharmaceutical run to the local jail. While she was making the delivery inside, a deputy knocked on the window to ask if everything was OK. I told him the deal with what she was doing, and he was cool with that. I didn't feel the need to inform because it wasn't "official" police business or an enforcement process.
Ragged Hole Manufacturer
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November 16th, 2017, 06:08 PM #18
Re: What would you do?
Actually the accident happened in WV, but I was asking about what I should have done if it happened in Ohio and the officer was there for a law enforcement purpose. If a LEO walked up behind me at a McDonald's and walked up behind me and did not ask me any law enforcement questions I would not inform, but if he asked me about having seen a robber then I would need to inform.
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