16 votes

Ohio Cops Harass Open Carry Person Inside of Mall Video

Theres not too much information on this, but it was uploaded on February 17th and it says that he was illegally detained. They stopped him and demanded to see his ID and SS number as he was peacefully leaving in the parking lot. They also had an issue with him filming. The mall had every right to ask him to leave, but we have every right to identify the mall and call for a boycott.

***Updated***

Information gathered from the video: A cross check of taco bell and JJ BBQ and Grill located in malls in Ohio identifies Midway Mall located in Elyria, Ohio. Their contact information is located on their website: http://www.midwaymallshop...

The person to the very left identifies himself as a sergeant of the Elyria Police Department at the 25 second mark. Cant make out his name.

http://youtu.be/s7zyRpPrchQ

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It looked like these mafiosos were moving in on him at the end

so what's up with this? What happened?

Does State & Federal Law SUPERCEDE Private Regulation?

Yes. Especially if that Private Establishment is Open to the Public.

I have the Constitutional right to bear arms.

A friend could say: You can't come to my house with that gun.
But a private establishment CANNOT make the same demand if it is open to the PUBLIC.

Once you open to the public, you are bound by state and federal statutes ABOVE your personal tastes:

You MUST provide for handicapped.
You MUST comply with local ordinances.
You CANNOT discriminate against a group of law-abiding citizens.

That is the legal reason why you cannot smoke in a BAR open to the public, but you CAN smoke in a friend's house.

This guy had every legal right to open carry in that mall. The local, state, & federal laws RULE ABOVE the mall's little "regulation manual."

TAKE 'EM TO FUCKIN' COURT.
(my 2 cents)

Open Carry in Ohio

There is no "Open Carry Law" in Ohio... the Ohio Revised Code does not authorize, prohibit, or otherwise regulate the open carry of firearms on foot. Open Carry of a handgun or long gun is protected across Ohio by virtue of ORC 9.68 which preempts any municipal laws prohibiting the act. There is no requirement of residency or license to carry openly in Ohio - however, you must be legally in possession of the firearm that you intend to carry. It is recommended that you be at least 18 to carry a long gun, and 21 for handguns.

Important! You may not carry a "loaded" handgun in a motor vehicle in Ohio without a recognized Concealed Handgun License. The definition of "loaded" in Ohio means you must have no ammunition in the gun, and no ammunition in a compatible magazine or speedloader anywhere in the vehicle.

http://www.ohioopencarry.org/legality-open-carry-ohio

Looks like someone should educate the police. Since the police couldn't ask for a CCL or residency, asking for a social security number is bizarre. I can't think of a reason police would ask for a social security number. Although it is private property, it is open to the public, I don't know how this comports with the law.

Updated

Updated

"You are in violation of mall

"You are in violation of mall "regulations"...therefore, I'm going to need you social security number."

You just can't make this stuff up.

The most effective ID refusal seems to be: "What crime am I suspected of having committed?"

These people seemed to somehow try to turn filming into trespassing. Is there any connection there?

Yeah. Because mall

Yeah. Because mall regulations somehow equals the law.

Even after he was leaving...

they were still asking for his ID and that's the point. These are code enforcers, not peace officers.

Code enforcers = part of the problem.

If you don't know your rights, you don't have any.

Double Standard

If it's supposedly legal for a PUBLIC mall to make the personal decision to stop you from a Constitutional right, why don't they also have the power to personally decide you can smoke in their bar? Double standard is what it sounds like.

Also, many towns are finding their ordinances against OC don't stick when sued so how can a mall's unposted policy?

Its a private mall according

Its a private mall according to the video, BUT they are PUBLIC workers. It would seem like he had every right to film them.

Another example

Of why I never feel bad when cops get hurt on the job.