This Dec. 2nd traffic stop, for speeding, leaves several questions about gun owner's rights and police discretion.
This police body camera footage shows some raw intensity and life or death drama as some nationally released footage that has ended with lethal force. According to the State Highway Patrol, trooper Brian Garloch spotted Merak Burr speeding, going 85 mph on the Interstate.
Merak Burr pulled over and trooper Brian Garloch questioned him before Burr became increasingly agitated. So Garlock called for backup from Genoa Township police officer Mike Sigman and his K9 Ben.
Burr was armed but maintained throughout that his gun was not concealed but visible to anyone looking into the vehicle. He eventually closed the vehicle door and drove away, but not before telling the officer that if he let the K9 attack him, he would shoot the officer in self defense.
Burr likely didn't know Ohio state law when he told officers that his gun was visible and therefore not concealed. Sean Maloney, a criminal defense attorney says "As soon as you carry a gun into the car, it's considered concealed," he said. "A concealed weapon requires a permit."
Burr, of Utah, continued south into Columbus, followed with lights and sirens by Garloch. But the chase was called off as it entered Upper Arlington, the patrol said. A "be on the lookout alert," or BOLA, was issued. Burr was stopped about two hours later in Colerain Township in Hamilton County. He was charged with improper handling of a firearm, carrying a concealed weapon and driving on a closed highway. The roadway had been closed because cattle had earlier escaped and were being rounded up.
Charges are pending against Burr in Delaware County.
Ohio is an open-carry state, meaning you can carry a weapon anywhere, openly. But without a concealed carry permit, gun owners are not permitted to have a loaded gun in a vehicle or on a motorcycle, according to state law.
Law enforcement officers who run license plates through a computer database quickly know if someone has a concealed-carry permit, but only if they reside in Ohio. Ohio, and most states, require the permit holder to tell officers they have a gun with them during traffic stops. Burr did not.
Sgt. Nathan Dennis, of the State Highway Patrol, said that troopers always factor officer and civilian safety into every decision that they make. "The restraint showed by the officers is evidence of that," Dennis said.
Why are our rights limited by state boundaries? That's just illogical. Based on that logic we would need to get a driver's license in every state we drive in.
ReplyDeleteWhich is illegal
DeleteWhy it's stupid to have a constitutional right be state regulated.
Exactly. It's communism when you can't move freely across the country while exercising a constitutional right.
Deletelast comment is quite strange considering USA has restricted indigenous native people movements. When former the USSR had always left the Sami continue with their nomadic lifestyle.
DeleteLike any "law " it's subject to a challenge in the Courts. Just because the State makes the claim, doesn't make it written in stone.....
DeleteIt doesn’t say wether Burr had a concealed carry licence , does he or not ?
ReplyDelete"charged with improper handling of a firearm, carrying a concealed weapon and driving on a closed highway." Since he was charged for carrying a concealed weapon, I would say no he did not have one.
DeleteHis carrying a gun in the vehicle is only a crime IF the gun was loaded - according to the article text. From the video, we don't know if it was loaded
DeleteWhat privilege do I get let me know so I can claim them
ReplyDeleteOhio has the "stand your ground within your vehicle law" so how can Ohio stop you from concealing a firearm in your vehicle?
ReplyDeleteYou have the "less likely to be shot for resisting" privilege.
ReplyDeleteUse it and quit being ignorant.
EFF YOU
ReplyDelete@Unknown: You can conceal a firearm in your vehicle, but you need (in Ohio) a concealed carry permit to do so.
ReplyDeleteSooo, just what is the meaning of 'CONCEALED" ?
Deletewhen the driver is white police officers sure now how to show restraint, when the person is black they don't live to go to court ,two different justice system in this country, I will not however appalled these officers you over reacting in the first place,
ReplyDeleteStatistics show that white officers are more apprehensive to shooting black suspects than white. Ironically a black officer has no such apprehensions about shooting a fellow black suspect. I would also point out that I would be more concerned about being shot by a black person in general, but black on black crime is no consern for the media or it's agenda.
DeleteGood Cops? Good that they are violating 2nd amendment rights? Or good that they pulled their guns on a guy and ready to kill him for speeding? Or good that they were going to use an attack dog on him and physically hurt him? And all because of speeding?? He didn't murder anyone or rape anyone, he was just trying to get home a little faster. Which part was good Ted S.?
ReplyDeleteThe first sentence in the story says that lethal force was deployed but that apparently didn't happen.
ReplyDeleteThis has nothing to do with 2nd Amendment rights. Guy was doing 85mph and got pulled over for driving recklessly than acted like a punk. He could have killed someone. .... Breaking the law and speeding (which can get people killed) has nothing to do with your 2nd Amendment right...
ReplyDeleteIn the auto bahn of Germany or in the highways of Montana they don't have a speed limit outside city boundaries, but you can be pulled over and cited for reckless driving. Both were wrong, but as a police officer myself, we are held to a higher standard. Doesn't mean we let our guard down. There's some pretty evil people out there but you can't treat everyone the same.
ReplyDeleteSo, arguing to maintain your rights is an idiotic thing to do? I am also guesding that you are one of those "the side of the road is not the courtroom", or, "Resisting only makes things worse", or better yet, "just obey and fight it later".
ReplyDeleteHere is the deal, dumb dumb, our rights CANNOT be abridged by ANY LAW. And we have passed the point of "obey and go to court". Its time that police learned that. Having possession of a loaded firearm is a CONSTITUTIONALLY PROTECT RIGHT and no law infringing on that right shall be enforced.
Cops have spent too long living as sovereign citizens.
So why is the government, any government legitimate? Aren't they run EXACTLY like a criminal cartel or syndicate? Don't they demand protection money be paid to them or they will hurt us? Isn't this extortion by any other name? Aren't cops paid with this extortion money extracted by threats of force against productive people and is this moral to be paid with what used to be called "blood money?"
ReplyDeleteFor 36,525 days during ALL of the 20th century cops killed about 6,200 people a day, close to 270 million. The Gestapo, the SS, Stalin's enforcers, Mao's enforcers, Pol Pot's enforcers, etc. were all cops, and roman cops nailed Jesus to the cross. Government is based on force, the cops are the ones that dispense that force, there are no good cops because there are no good governments. 5000 years of failed attempts at trying governments of multitudes of different configurations have proven that they all are immoral tyrannies or soon turn into one.