Feigning ignorance of the law is no excuse

October 24, 7:47 AMGun Rights ExaminerDavid Codrea

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Here's where I promised to introduce a solution to this week's discussion.  You'll recall we were exploring how those who openly carry holstered handguns--a perfectly legal practice in Ohio, and recognized by the courts--have been subjected to harassment and arrest.  We even showed the state attorney general is aware this if going on, and the office has acknowledged the legality of the practice in its official publications.

Yet Ohioans are still in danger, all for peaceably exercising their right to bear arms--and we've seen they are indeed peaceable. We've seen how some among us, who do not trust their fellow citizens and want to coerce the practice away, are not above endangering gun owners, and exploiting the system to do it.  And we've also seen how those initiating the confrontations and arrests are not necessarily the "'Only Ones" we can trust to carry guns.

It's an absurd and intolerable situation.  Those tasked with upholding the law are arresting--and endangering-- those abiding by it.  In some cases they're claiming ignorance--in others, they're apparently claiming the power to defy state law and enact and enforce their own.  We need to stop it, now, before anyone else's life is disrupted, or God forbid, someone gets hurt or worse.

We need to take away the excuse--once and for all--that the state's point of contact with armed citizens, the on-scene officer, "didn't know" citizens had the right to peaceably openly carry guns. 

We need to document that all Ohio's "law enforcement" personnel (whatever happened to "peace officers"?) and other appropriate officials have been apprised of the law, and that there are legal consequences that will affect them personally if they disregard it.  And I intend to start this process by putting the state's top law enforcer,  Attorney General Nancy H. Rogers, in the hot seat.

The details of my plan can be found over at The War on Guns. Later this afternoon, I am going to send her a certified return receipt letter, putting her on notice that Ohio law is being violated by those we rely on to enforce it, that it is public knowledge she knows of this, and that it is her duty to use the powers of her office to ensure all public officials are in compliance with Ohio laws.  Basically I'll be asking her to formally notify every police official in the state that open carry is legal, that liabilities exist for continued interference with it, willful and otherwise, and to put the ball in their court to ensure their officers are trained--or else.

What if she doesn't?  I have a backup plan  for that, too, but let's just take this step first and get things rolling.  I'll keep you informed as things develop and will probably have an update some time next week.

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This isn't Cleveland-related gun news, but I thought you might be interested in reading about a conference call I participated in the other day with some fellow "gun bloggers" and Missouri Governor Matt Blunt. The topic of our conversation was gun rights in the 2008 national elections, and the differences between contenders Barack Obama and John McCain.

I'll be talking more about our choices in the days approaching the election.