A friend sent me an email about a Second Amendment case that is happening in Oregon, Ohio. It does not appear there has been a lot of media attention on this particular situation. However, it could have a large impact either way it is decided.
The basic points that I do know from reading the information contained in the Motion to Dismiss is that the defendant, Daniel Sayers, was wearing a holster with two guns openly at a gas station. He pumped his gas, checked his oil, washed his windows and left. The police state someone from the gas station called about the defendent wearing the guns. The police then found him driving down the road, pulled him over stating it was a felony stop.
It appears the defendent also had a concealed carry license at the time of the stop. The City of Oregon has in their Revised Code a statute that makes carrying anything that is a projectile or shoots a projectile illegal, including brass knuckles, et., anything that can cause bodily harm is illegal on the streets, alleys, and public places in Oregon.
I'd suggest reading the above linked pdf and the Motion to Supress if you want more background information on the exact arguments of this case. Ohioans for Concealed Carry have been reporting on this case as well as trying to help raise funds. No matter the organizations political leanings, I think this story should be more out there as it is an important one. (I add that caveat only so that this does not turn into a discussion of Blackwell V Strickland on gun rights but remains on this actual case.)
Will the statute be declared unconstitional? The earliest we can discover that is the next court hearing which is scheduled for August 18th.
Keeping Your Belongings Safe Through Storms
-
Years ago almost every house was built with some sort of shutter, whether
designed as storm shutters or for security. Granted, most windows during
those d...
13 years ago
5 comments:
Well I guess that is settled.
Or, more likely that lengthy litigation is on the horizon.
Heaven help the town that allows only the police to carry guns.
Who in blazes did he think he was, an extra in Gunsmoke? I can understand ONE concealed weapon, but two in a holster? Ridiculous.
He had a concealed permit but he did not have either weapon concealed. They were both openly displayed from my understanding of what I've read on the case.
While I have to say I wouldn't walk around wearing two, the issue is which law is to be followed. The City of Oregon or Ohio and the US Constitution.
I think this is just a guy using real poor judgement by displaying two weapons at a Gas Station. Permit or not. Just not smart!
No matter what you think of his judgement, the fact of the matter is that he was following the letter of Ohio law by having his weapons in plain sight as is mandated for anyone in a car. The defendant is on trial for dutifully obeying state law.
Post a Comment