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Common threat to OC by police is a charge of "inducing panic"

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  • Common threat to OC by police is a charge of "inducing panic"

    I have posted the ORC language for your scrutiny, how does any of this apply to openly carrying a firearm?

    2917.31 Inducing panic.


    (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

    (1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

    (2) Threatening to commit any offense of violence;

    (3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.



    (B) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

    (C)

    (1) Whoever violates this section is guilty of inducing panic.

    (2) Except as otherwise provided in division (C)(3), (4), (5), (6), (7), or (8) of this section, inducing panic is a misdemeanor of the first degree.

    (3) Except as otherwise provided in division (C)(4), (5), (6), (7), or (8) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree.

    (4) Except as otherwise provided in division (C)(5), (6), (7), or (8) of this section, if a violation of this section results in economic harm, the penalty shall be determined as follows:

    (a) If the violation results in economic harm of one thousand dollars or more but less than seven thousand five hundred dollars and if division (C)(3) of this section does not apply, inducing panic is a felony of the fifth degree.

    (b) If the violation results in economic harm of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, inducing panic is a felony of the fourth degree.

    (c) If the violation results in economic harm of one hundred fifty thousand dollars or more, inducing panic is a felony of the third degree.



    (5) If the public place involved in a violation of division (A)(1) of this section is a school or an institution of higher education, inducing panic is a felony of the second degree.

    (6) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5), (7), or (8) of this section, inducing panic is a felony of the fourth degree.

    (7) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the third degree.

    (8) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5) of this section, if a violation of this section results in economic harm of one hundred thousand dollars or more, inducing panic is a felony of the third degree.



    (D)

    (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

    (2) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.



    (E) As used in this section:

    (1) "Economic harm" means any of the following:

    (a) All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. "Economic harm" as described in this division includes, but is not limited to, all of the following:

    (i) All wages, salaries, or other compensation lost as a result of the criminal conduct;

    (ii) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

    (iii) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

    (iv) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.



    (b) All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or section 2917.32 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.



    (2) "School" means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

    (3) "Weapon of mass destruction" means any of the following:

    (a) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

    (b) Any weapon involving a disease organism or biological agent;

    (c) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

    (d) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of "destructive device" pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

    (i) Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

    (ii) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (E)(3)(d)(i) of this section and from which an item or device described in that division may be readily assembled.





    (4) "Biological agent" has the same meaning as in section 2917.33 of the Revised Code.

    (5) "Emergency medical services personnel" has the same meaning as in section 2133.21 of the Revised Code.

    (6) "Institution of higher education" means any of the following:

    (a) A state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college;

    (b) A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code;

    (c) A post-secondary institution with a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.





    Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011.

    Effective Date: 09-27-2002; 2007 HB142 03-24-2008

    Related Legislative Provision: See 129th General AssemblyFile No.29, HB 86, §4 .

  • brian d.
    commented on 's reply
    Whoops, with all the glitches on this board I never got back to you, Aaron. The deputy was late twenties, and the incident was in Strouds Run State Park.

  • Aaron
    replied
    Hoplophobia...or the fear of "weapons" is the one that most often triggers the "man with a gun" 911 calls.

    Leave a comment:


  • committed
    replied
    Phobophobia – The fear of fear. The thought of being afraid of objects/situations.

    Why are people exercising their Constitutional Rights held responsible for triggering the "Phobias" other people might have??

    Have you seen the list of all the "Phobias" people can have???

    https://www.fearof.net

    Leave a comment:


  • Aaron
    replied
    True, Sheriff's deputy's are normally a little better schooled than that. Some of them still get into LE for the wrong reason's tho (ego, power trip, etc,) but that seems more prevalent in municipal departments. Was he a younger officer, maybe a little green? Also, what park were you visiting??

    Leave a comment:


  • brian d.
    replied
    For many years, the "inducing panic" law was used (and abused) by law enforcement as a "catch-all" or "gotcha" statute. When licensed concealed carry was enacted--and open carry was also legal before and since--you'd still hear accounts of police using it that way.
    For example, around 2006, I was open carrying on a hot day in a small Ohio State Park that had a pistol range among its amenities. When finished shooting, I was walking across the parking lot when a county deputy showed up and heatedly started yelling at me. (We were the only two people in the park at the time.)

    Long story short, he threatened me with a litany of criminal charges. They were all bogus, but "inducing panic" was downright silly. By law, he couldn't be the complainant, and I certainly didn't panic myself!

    When he realized I knew the laws..I offered to show him copies of each ORC statute he mentioned..the deputy angrily burned rubber and left the park.

    Yes, I went into Athens and filed a report with his bosses. (They might have stonewalled me if not for my voice recording of the conversation.) He got into some trouble over it, and apparently never did that again.

    Usually, county sheriff's deputies don't try stuff like that.


    Leave a comment:


  • gregs
    replied
    leo's use that phraseology to deny law-abiding citizens from expressing their 2nd Amendment. what they should do is tell the 911 caller that unless they see the armed person doing something illegal there is no cause to be concerned. a firearm is an inanimate object, requiring human intervention to do something, good or bad. the 2nd Amendment provides the right to bear arms for any reason possible, this is exactly why constitutional carry should be the law of the land. our so-called legislators, leo's and gun control advocates try and take away that right, violate the Bill of Rights, and the unalienable rights afforded us in the Constitution. that should be the ticket for them to be kicked out of office, fired and probably sent to jail. the lame stream/drive by media helps them immensely by pushing the gun violence narrative. if I picked up a rock and beat you into a bloody pulp, wouldn't that be called an assault weapon?

    Leave a comment:


  • justashooter
    replied
    I can't recall where I came across this, so forgive the lack of attribution:
    The Ohio Supreme Court made it clear in Klein v. Leis, 99 Ohio St.3d 537, 2003-Ohio-4779, that open carrying of handguns in Ohio is a Constitutional right. At paragraph 28 the Ohio Supreme Court stated:

    "Moreover, the opportunity for the accused to establish that he was exercising a fundamental right does not justify subjecting him to arrest each time he exercises the right. This is as offensive as a statute allowing the arrest of anyone who speaks in public, but permitting the speaker to prove at trial that the speech was constitutionally protected. See, e.g., Houston v. Hill (1987), 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398. An otherwise unconstitutional statute is not constitutional solely because it provides that a citizen may point to the Constitution in his defense at trial. The arrest itself violates the fundamental right. By authorizing the arrest, R.C. 2923.12(C) treats " 'a substantial amount of constitutionally protected conduct' " as unlawful. Id. at 458, 107 S.Ct. 2502, 96 L.Ed.2d 398."

    This paragraph speaks volumes. What it makes clear is that law enforcement cannot claim that the open carrying of a handgun rises to the level of probable cause. In other words, a citizen exercising the fundamental, Constitutionally protected right of open carrying a handgun does not result in inducing panic or disturbing the peace.

    Leave a comment:

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