First Ohio CHL-holder detainment after ''man-with-a-gun'' call

One of the most egregious problems with the law created by Amended Substitute House Bill 12 is the compromise language on carrying in a motor vehicle.

In order to appease the Ohio State Highway Patrol bureaucrats, who seem to have a very unhealthy fear of the people they are paid "to serve and protect", the Ohio Senate inserted language which makes carrying a firearm for self-defense in a motor vehicle a difficult challenge.

Thanks to a few term-limited Republican Senators who were unwilling to commit to a veto-override vote over hopes for job appointments from Bob Taft, Ohioans are now struggling to comply with a "concealed handgun license" law that:

• Prevents them from carrying concealed in their cars.
• Mandates that they must carry their firearm in "plain sight" while in the vehicle, without defining what constitutes "plain sight".
• Creates a new crime for "felony touching" of a firearm in the presence of a law-enforcement officer.
• Forces citizens to handle their firearms frequently, perhaps every time they enter and exit their vehicle.
• Discriminates against women, who wear clothing that often makes holstering a firearm "on a persons' person" and in "plain sight" next to impossible.

When OFCC was first provided a copy of the the compromise bill, we told legislators that while we were happy that they had removed the ridiculous carjacker protection provision, the language was still going to promote dangerous unintended consequences, such as putting citizens at risk of arrest over confusion about the law, and forcing them to frequently handle their firearms.

We also warned legislators that the ridiculous "plain sight" language would lead to a rush of "man-with-a-gun" calls from uninformed citizens who spotted CHL-holders removing their garments to reveal a firearm before entering their vehicle, in accordance with the law.

There are some things we don't like being right about - especially not when it involves the Senate District 10 Coordinator for Ohioans For Concealed Carry PAC becoming (as far as we are aware) the very first CHL-holder to be detained by law enforcement, and not when it all went down because of the very language we warned would cause such instances to occur.

Picture this scenario: After enduring hundreds of such calls (one anti-gun group in Ohio is encouraging supporters to call law enforcement if they see a "man-with-a-gun" and then flee the scene before they arrive), and after finding CHL-holders just going about their business complying with the law time and again, we will arrive at a "boy who called wolf" situation. Eventually, (maybe even soon) police will decide that a "man-with-a-gun" calls are a nuisance. And then one day there will be a real threat, and a call will be made, and the police will not take it seriously, delaying their investigation or not bothering at all. The consequences could be disasterous.

The irony here is that Senate District 10 is Republican Senator Steve Austria's district. Austria chaired the committee which amended House Bill 12, and testified on the floor that the carjacker protection language (which, once again, was removed before final passage) was necessary to protect children from accidents. "...Of all the changes made by the Senate, as a father, I am most proud of the work we did to ensure the safety of Ohio children under this bill." Austria is seeking re-election this fall, and is challenged by an NRA Life Member, Democrat Charlie Hart.

OFCC is more committed than ever to beginning work immediately to "reform the reform". Just as our predictions are coming true even sooner than expected, so too must the work to repair this horribly-worded language involving carrying in a motor vehicle. We hope Senator Austria joins us in this fight.

I started carrying daily last Thursday. Before that was around the house getting holsters adjusted and/or comfortable with them.

Saturday I was in Ross County turkey scouting. I carried in the truck there, while scouting (I was not actually hunting so I should be clear of the confusion the Division of Wildlife seems to have over whether CCW is allowed while hunting), and for the trip home.

I stopped at a store in Kinnickinneck (pronounced Kenny-Ki-Nick). It is at SR 159 & 180 north of Chillicothe. I put a big flannel shirt on, checked the door for postings and went inside. Did my business and left. As I was removing the shirt getting into the truck, a delivery driver pulled up on my passenger side. He looked in and I am sure saw the gun. I waved, buckled up and left. Most people are not going to see inside my 4x4 pickup truck.

About 2/3 of the way back to Chillicothe, a Sheriff's red & blues went on behind me. I found a spot, pulled over, set the flashers, rolled down both windows and put my hands on top of the wheel. Office walked up and asked for my license.

"Before I do that I have to inform you that I have a CHL and am carrying a gun," I told him.

"Where is the gun?", he asked.

"On my right hip in a holster," I replied.

He said, "Oh, that explains the call of a man with a gun in a truck that matched this description and partial license plate."

He said he would like to see my license. I told him that it is in my left hip pocket. He said get it please. I got the drivers license and CHL and handed both to him. He looked at my CHL, handed it back to me.

He said, "Sorry for the stop. Be careful and have a safe trip."

I told him thanks and that the stop was no problem, I understand he is answering the calls. He said he expected to get a few of these types but they have to check them out since they don't know who is good or bad until they check. I told him I understand.

He thanked me and said that he supported concealed carry and felt that these calls would not happen if we were just allowed to carry concealed.

Really nice Sheriff's Deputy. I wish I had gotten his name. He never had me do anything with the gun - he just wanted to know where it was.

My wife is not happy about me carrying now. I figure this will just be part of it for a while.

Sure glad it was a rural area (Ross County) Sheriff. I remember seeing the car in a driveway on SR 180 so that must be who answered the call and found me so quickly. The delivery truck driver could see which way I turned on SR 159 from the little store driveway.

Larry S. Moore
OFCC PAC Senate District 10 Coordinator