DaytonDailyNews.com

By James D

June 20, 2009 10:00 PM | Link to this

The police were wrong in this incident. The 2nd amendment allows OC anywhere in the US except on Gov properties & some schools, and other over regulated criminal free zones. I have no problem with OC anywhere. The bad guys criminals won’t confront someone with a gun. This man has a right to protect himself and his family period!

By Al

May 13, 2009 1:12 AM | Link to this

The Cops if checking out the complaint should have only observed the individual. Detaining is only allowed if the person is suspecting of breaking the law. Open carry is not unlawful so detainment can be classified as “Kid Napping”. If the police took his gun during the questioning, that could be included robery. Police need to be controlled by the public. They are inpowered to protect and to serve us, not to oppose their will.

By spioi

April 21, 2009 6:14 PM | Link to this

if OC is a bad idea or an excuse to show off, what about ppl who don’t have a concealed permit? should they go without for fear of stirring up the public? and as far as only carrying when you need to, when do you know you’re going to need it? the cops were letting this person know they weren’t going to allow him to OC even though it was legal for him to do so. maybe it would be wrong for someone to have a lawyer in court or even a fair trial if ppl believe he’s guilty.

By Al

April 19, 2009 11:36 PM | Link to this

It is illegal for a police officer to ask a person to conceal their weapon when they are legally open carring. This is in the ORC’s as coersion. If he did not concealed the firearm and insisted on open carry, I feel the police would have been fafffled. If an arrest insued then the police could be carged with violation of civil liberties while under colors.

By Mike Toombs

April 19, 2009 2:33 PM | Link to this

It is sad that there are so many misinformed people on this issue. Understand and exercise your constitutional rights (open carry, gun ownership, illegal search and seizure <4th Amend> and 1st Amend) or you will surely lose them as NY and Califonia has done to its’ residents. Open carry is a right! Use or Lose. I know, I live in the socialistic state of Califonia.

By Stephen

April 19, 2009 8:30 AM | Link to this

RJ: He feels that his rights were infringed because the police had no right to ask him to cover up as open carry is a legal activity and the city’s ordinance was in violation of state law. This is little different than a police officer writing you a ticket for going the speed limit; going the speed limit is a legal activity, why get a ticket?

By teddybear49d

April 19, 2009 12:50 AM | Link to this

First off, I have my Ohio license to carry concealed. That does not mean that I gave up my right to open carry when I obtained that license. If a man/woman does not have a license, the only way they may carry is openly, this option is LEGAL….in Ohio. If these same persons have a license, it is still LEGAL to open carry. To open carry is NOT Disorderly Conduct or Inducing Panic. Read the ORC for these offenses. Open Carry is LEGAL even in sites that are festivals.

By Neil

March 25, 2009 1:54 PM | Link to this

Paperwork, fees, and background checks to allow people to carry a side-arm? What kind of nonsense is this?

The right of self-defense is a corollary to the right to life; to deny one is to deny the other. The purpose of government is to insure our rights, not to infringe on them.

The fact is that governments should not be involved in permitting the carriage of weapons, either openly or concealed, by anyone.

By FatWhiteMan

March 25, 2009 7:41 AM | Link to this

The point of all of this is the man was detained for no reason. He had a gun which is not illegal to own, yet. He wasn’t threatening anyone with it or waving it around. In fact it appears he was carrying it in the safest way possible—the same way the police officers were carrying theirs I am sure. What is the difference between Maynard and the police that harassed him? Had he been carrying a sign, would the police have approached him to question his 1st amendment rights? Probably not.

By R J..Miamisburg, Oh

March 24, 2009 11:18 PM | Link to this

What happen with Mr M. Why does he think his Rights were taken from him. When the Cops ask, DID he make a yelling scene, Did he do something where the Cops said HEY calm down or you will be arrested? WE DON’T know, none of us were there. Do I think he is a jerk, seeing how he wascarring in site,in a city park at an event. YEAH. Should he have had more common sense? Yes. Again we can disagree all day, BUT we were not there and should only go by what WE would have done. As for me,Thats Enuff.

By R J..Miamisburg, Oh

March 24, 2009 11:13 PM | Link to this

Cont: I would notraised a stink on being ask about it. TheCop’s did their job. Some may sit back and 2nd guess the wholething, I think they did right. No Deprivemet of rights or freedoms. No gun taken, nor was the man arrested. HAD this happen THEN I would be upset onhis rights. Many times over the years I wold run into someone wearing a gun in a public place. We would ask him to hide it, which they all would do. Problem solved..Never sued over that at all. Over 30 years in theBiz. MORE..

By R J..Miamisburg, Oh

March 24, 2009 11:06 PM | Link to this

Ok I’m getting e mail asking about my two cents worth. Gee, I see it this way. He was ask by Police about his Gun. He then was ask to put it away out of sight, which he did. SO why is this a major lawsuit? Also Mr Craft, He was NOT Deprived of any of his freedoms. He was allowed to keep his gun, hide it yes, but keep it. Once the COP’s had the info, they did the right thing. I was NOT at the event, so only going on what is in this story. I can say had that happen to me, I would have TBC

By jabeatty

March 24, 2009 10:34 PM | Link to this

Edu Guy, you’re rather behind the times. The Ohio Revised Code has been modified more than once since the passage of HB12 and the implementation of Ohio’s licensing scheme in 2004.

• Licensed individuals may carry openly or concealed in vehicles. The now-defunct requirement to carry “in plain sight” in a vehicle was one that was statutory in nature, not due to a court ruling.

• There is no restriction against open carrying at a festival - there never has been.

Read more - type less.

By Michael Craft

March 24, 2009 10:33 PM | Link to this

Some are asking why Kent is suing. It’s because Kent was detained forcibly deprived of his God-given freedoms under color of law. This is a free society, and there should be severe consequences for those who wrongly deprive another person of their God-given rights, if even for one minute.

By Michael Craft

March 24, 2009 10:30 PM | Link to this

Oh, and I have a CHL. But like Kent, I open carry 95% of the time. The only reason I got a CHL was so that I could openly-carry in my vehicle. ;) We have a RIGHT to open carry in Ohio. And like any other RIGHT, you either use it or lose it.

By Michael Craft

March 24, 2009 10:25 PM | Link to this

I cannot believe the level of ignorance here. Openly carrying a firearm in Ohio is NOT a crime. The police can ONLY detain you if they reasonable suspicion that a CRIME has been committed. Let me repeat, openly carrying a firearm in Ohio is NOT a crime! What crime was Kent suspected of? Hmm? Let me repeat, for the third time, openly carrying a firearm in Ohio is NOT a crime. It is illegal for the police to detain someone if they do not have reasonable articulable suspicion that a crime occurred.

By Mike

March 24, 2009 4:58 PM | Link to this

The cops did nothing wrong talking to the guy after receiving complaints. They asked him to conceal the gun and he did. Case close. Now the REAL problem would have been, had the guy said no to concealing the gun and then arrested, that would have been a problem. He had the right to refuse to conceal it, just as he has the right to openly carry it. He wasn’t arrested and he wasn’t forced to conceal it so, I see no problem here. Why is he suing? What rights were violated?

By Cool Grammaw

March 24, 2009 3:50 PM | Link to this

Doc, don’t you get it? It’s not the militia who’s sending people to the E.R.

The people sending you new patients (and also sending people to the morgue) are part of the reason many citizens feel the need to protect themselves.

And the militia? The framers of the Constitution said a well-armed militia’s purpose would be to protect its citizens from an overzealous government (I paraphrase here). You and I are the militia, and if we fail… I shudder to think what will happen.

By Adam

March 24, 2009 3:33 PM | Link to this

All he did was exercise his 2nd amendment right. How would you feel if you were talking and a cop asked you to change the subject, when all you were doing was exercising your 1st amendment right?

By Pearl

March 24, 2009 2:09 PM | Link to this

“Why did this person feel a fine arts festival necessitated the need to carry his weapon?” Have you not read the news lately!? 70-year old woman assaulted/ carjacked in Kroger parking lot; Mall struck by ‘Retail Rapist; Cincinnati crime wave threatens to shut down businesses; Columbus women raped at workplaces, then kidnapped; And what about the old lady that was shot in the WalMart parking lot on Dixie? Crime is up when the economy is down. You are not safe anywhere. THAT’S why you carry.

By Doc

March 24, 2009 1:54 PM | Link to this

Personally, after working in many emergency rooms and having repaired the damage done by gun shot wounds, I do not see why this country feels we still need a “well regulated militia” is beyond me. Isn’t that the Army, Navy, Marine Corps… Why did this person feel a fine arts festival necessitated the need to carry his weapon? The art fests I’ve been to are pretty safe. IT IS a phallic thing in this case. Get over yourself, Barney. I hope his case is thrown out.

By Cool Grammaw

March 24, 2009 1:22 PM | Link to this

The next time you are obeying the law and minding your own business and are detained by the police in error, it will be different, since it will be YOU and YOUR rights.

We should all stand up for all the rights of each individual, not just the rights that we personally value the most. My right to protect myself and my family is very important to me.

Oh - and the laws mentioned here can be found in the 2nd Amendment and the Ohio Revised Code. They do override local laws.

By R J..Miamisburg, Oh

March 24, 2009 12:44 PM | Link to this

OK humor over.As a Former Cop,PI,Security Officer,I too have a CCW. Speaking from the Cops point of view, They were ask to check out a man with a gun. They did. They saw his CCW,ask him to hide the gun, which he did. Nothing wrong with that. Should he sue. WELL we all have the right to sue. Should he collect? Will have to wait and see what the City or Courts does. BTW The McDonalds Lady got 25 million,then a Judge said WAIT that is way too much, lowered it to $5,000 and she gets life time coffee

By T man

March 24, 2009 12:42 PM | Link to this

And Maynard……Your last name goes very well with the town of Mayberry. Maynard from Mayberry, has a nice ring don’t you think?! Well I can hear him now- “Yep, got my gun and got my bullet. (Sniff) There’s a new sheriff in town!” The only difference is Barney Fife wouldn’t hurt or cause harm to anybody. Maynard just might because he wants to showboat and a big shot. Maynard, put your gun away because we don’t need to be deputizing anyone- we already have enough Goobers and Gomers.

By R J..Miamisburg, Oh

March 24, 2009 12:37 PM | Link to this

Hey Bears don’t need guns, they have claws and teeth. What’s That? OH that”s the right to bear arms, not the right to arm bears. Never Mind!

By T man

March 24, 2009 12:30 PM | Link to this

So let’s get this straight….. Maynard decides to go to a festival, in a park, with hundreds of people wearing a gun in full view. Then the police DID THEIR JOB and questioned him about it due to citizen complaints. Then they allowed him to continue carrying it but in a concealed manner. So where were his rights violated? Regardless of whether he is right or wrong, why is he suing? All he wants to do is call attention to himself like someone said earlier- LOOK AT ME, LOOK AT ME! What a waste!

By Editor

March 24, 2009 12:23 PM | Link to this

Ok a little off topic but I read a post where someone said they were attacked by “Obama Supporters” what the fck does that have to do with anything and half of these TARDS can’t even spell so who the fck are you to comment on this travesty of the Justice System. I agree the local governments should keep up on the laws and that ignorance is no excuse, but if I would have to pay my tax dollars for this I would be pissed off. It’s bullsh*t he made his point when the city changed the law.

By Phillip

March 24, 2009 12:20 PM | Link to this

The money is NOT the issue. He intends to test the law. Good for him.

Arrest does not necessarily mean in custody. He was detained and questioned and not allowed to leave until he concealed the firearm. That is false arrest if the court finds that he had the right to carry the weapon in the open. The police were right in stopping him, but they may be wrong in the applicatiion of the law. The court should hear this.

By Cop Lover

March 24, 2009 12:15 PM | Link to this

Poppawu, you are the worst kind of scum idiot.. “pop a cap in the po po for me.” I hope the po po don’t make to the call at your house when you need them jerk.

By Pearl

March 24, 2009 11:44 AM | Link to this

‘Remember, you are breaking the law when you incite panic.’ When I see your face I get all scared and I panic! I guess I should call 911 and have you arrested! Panic is in the eye of the beholder and its stupid at best. People freak out at everything and they need to just wake up to real life.

By Publicus

March 24, 2009 11:15 AM | Link to this

What I don’t get is how you sue for false arrest when you were not arrested…

By BB62

March 24, 2009 11:00 AM | Link to this

The amount of ignorance and hate-filled invective here is disturbing.

So much for “tolerant” liberals.

By Opie

March 24, 2009 10:57 AM | Link to this

I am all for constitutional rights, the right to bear arms, etc. I just hope there is a jury trial, and I am on the jury, because you are trying to reach into my pocket (as a taxpayer) and take my hard earned cash. Where are my property rights? Remember, you are breaking the law when you incite panic. Maybe charges should be filed on this……..

By Edu Guy

March 24, 2009 10:12 AM | Link to this

Nobama, open only in a vehicle. That is the current Ohio court ruling. No one can walk around a festival with their gun hanging out except law enforcement personnel and even they have restrictions. Please read HB-12 Ohio law. And John state rights still exist life is different in Ohio than it is in Tennessee. And yes I support the 2nd amendment and the law of Ohio. Hence the word concealed…

By Huh?

March 24, 2009 9:39 AM | Link to this

Rights and CCW questions aside- the police are mandated to ensure public order and security. If a person (any person, military, LE, CCW, gang-banger, whatever) is displaying a weapon in public, and a complaint is made- the police have a mandate to investigate the complaint. If I carry my gun openly- I expect to be stopped by police. Duh. The man was not arrested, only asked to conceal the weapon to calm concerned citizens… so where is the 25K worth of damages? Just wondering…

By JCB

March 24, 2009 9:26 AM | Link to this

I have a CHL and carry concealed about half the time depending on circumstances, but my state is not “open Carry.” Even if it was legal here to open carry a handgun, I would not open carry at a festival where it would draw attention to me from either the general public or from the police. I also don’t understand his “damages” claim or the reason for the specific amount of $25,000. What damages is he claiming and how did he arrive at $25,000?

By Roscoe

March 24, 2009 9:23 AM | Link to this

OK Jenny, ENGLEWOOD, there do you feel better????? Do you even know what the rest of us are talking about????

By JerichoJenny

March 24, 2009 9:14 AM | Link to this

The article says “Englewood.”

It does not mention”Clayton” at all.

By Roscoe

March 24, 2009 9:10 AM | Link to this

I have a CCW permit but would never consider carrying it in the open. Your just inviting drama. As to the $25,000 lawsuit, it seems pretty tame to me considering McDonalds had to give like $9 million to some lady who spilled hot coffee on her own dumb a**. It would seem that the Clayton city Attorney was not doing his job on keeping city ordinances in line with State and federal laws…………..

By shooter

March 24, 2009 8:57 AM | Link to this

Facts are facts. In Ohio you have always had a right to carry a firearm openly. Many cities passed laws that contradict the state law years ago. When the new concealed carry law was passed, language was included that says state law now trumps all local laws. This was included so that people carrying a concealed weapon legally don’t have to worry about whether they are violating a local ordinance. I hope the man gets his 25,000 and more. We need to start standing up for our rights.

By craig smith

March 24, 2009 8:47 AM | Link to this

i did not say he was smart about opean carry but he was in in rights to do ..so i will never show mine ..the law is the law…thats y u go to class we have to keep up with the laws so should the citys

By nobama

March 24, 2009 8:22 AM | Link to this

Edu Guy - You-re confusing… “This guy is not allowed to carry a firearm in the open per Ohio law. Ohio is a traditional open carry state.” You’ve contradicted yourself in those two sentences. Ohio is an open carry state. Documented in the latest version of the CCW handbook - page 18: “Ohio’s concealed carry laws do not regulate “open” carry of firearms. If you openly carry, use caution. The open carry of firearms is a legal activity in Ohio.” I also have my CCW and am OPOTA certified.

By Annoyed

March 24, 2009 8:19 AM | Link to this

It sounds to me like this guy just needs some cash. Why not file a law suit to get it? It seems his intention was to be noticed and called out by authorities. If I was at a festival with my family and saw a man walking around with a weapon I wouldn’t feel safe. You never know what people will do with a weapon whether they conceal it or openly carry it around. Is there an IQ test to get a permit for a concealed weapon?

By Quentin0352

March 24, 2009 8:18 AM | Link to this

Why is it that liberals always try to claim a gun is some kind of phallic symbol? That argument is stupid and just shows you have no idea or abilities to actually debate the issue. Fact is, the guy was following the laws, the city was not and if he had broken the law then he would have had to pay a huge amount in fines and legal fees. Ignorance of the law is no excuse for average citizens so why should it be OK for government professionals creating laws?

By Ron

March 24, 2009 8:03 AM | Link to this

in these hard times it’s bad enough to live in peace and comfort. The man apparently wanted attention, and he got it, but on the other hand, I can’t believe some these comments, WE, as AMERICANS have Constitutional Rights and this is ONE of these rights that are being violated by local government. When are WE, as a WHOLE going to come together as a whole and stand for our rights, not only for ourselves but for our future. The way things are going, who knows, we may need to carry weapons

By John

March 24, 2009 7:40 AM | Link to this

How about the towns that make it illegal to sell porn? How about dry counties? Why do they think they can make up their own laws? How can a town restrict a constituional right? Oh, by the way, States’ rights went away in 1865, if you remember your history lesson.

By Brian

March 24, 2009 7:36 AM | Link to this

$25,000! for what! getting his feelings hurt! Please! this moron was correct about the Law, and the City made the change once it was brought to thier attention. But to give this idiot $25,000 becouse he was asked to conceal his gun is pathetic! This is a perfect example of someone abusing the system. He was in no way hurt by the police questioning him, or by carrying the weapon in a different manner.

By Tony

March 24, 2009 7:01 AM | Link to this

I believe Ohio is a state where open carry is legal, and of course if one has a CCW permit it is allowable to carry concealed in certain locales. The challenge was to the local ordinance that did not coincide with State law. I don’t believe people have anything to fear from others who have CCW or are law abiding citizens that open carry- rather, it’s the people that conceal their weapons without a permit that we have to fear. Prosecute criminals with conviction and protect lawful citizens!

By Andy Taylor

March 24, 2009 6:48 AM | Link to this

I am sorry I may have mis-spoke. Are we talking about some pencil dick .22 short Kent Maynard or a real he-man 2 gun totin’ manly KEN Maynard. I hope Kent has not spawned any little Kents— imagine carring on the family name as a pencil dick.

By Andy Taylor

March 24, 2009 6:40 AM | Link to this

Actually, the ghost of Don Knotts lives in Englewood. Would he be safer and would he make everyone else safer if he carried his 22 short chrome pecker in his hand rather than in an un-manly holster. Remember seconds count. The guy is an attention whore indeed. Yes, criminals carry guns and they also can f*ck their defective women in the middle of the street—you want to do that as well

By Think about it

March 24, 2009 6:37 AM | Link to this

After reading some of the comments here, I can’t help but wonder if any of those critics of this man have lost a family member who served in the military or worse was horribly mutilated? Do you know their names? What caused these people to serve was it money not likely. How many critics of this man served? If you are in law enforcement maybe you have been helped by someone like this man who cares enough to know his rights and the laws and will use them in an appropriate way to ensure the powerful corporations respect and are held accountable when they violate them. I think $25,000.00 is getting off to easy. He is doing what we should all be doing and getting paid for it. A gun is like any other tool it can be used for good or evil the choice is that of the user

By Wants the truth

March 24, 2009 6:10 AM | Link to this

Doug Page, Obviously it has to go to court to be decided in this case, but I assume since you wrote the article you did some research on it. What is your verdict as to the law? Is an individual able to be in public with a weapon that is not concealed?

By Tim

March 24, 2009 2:00 AM | Link to this

I don’t carry a gun but it is nice to know some of you law abiding citizens do. I sure hope if I ever need you you’ll be there for me and my family. EDU GUY I really enjoy your posts because you explain things so well with facts and never put others down. The people at work enjoy your posts to you ought to think about writing for the paper unless you already do? Do you all beleive in the constitution? I do. Thanks everybody for some good reading tonight

By Edu Guy

March 24, 2009 1:53 AM | Link to this

“This guy is not allowed to carry a firearm in the open per Ohio law”. Big Dog this was my point. Now everybody please notice that I am not going to call Big Dog names, or slander him in any way as this is what civilized people do in speak up columns. I will bet anyone a dime that he does not win his case. Laws are changed all the time to protect the establishment. Everybody think AIG bonus’s. For those of you who post nicely thank you I have learned a lot for rest keep learnin youwillgetit

By Big Dog

March 24, 2009 1:16 AM | Link to this

Edu Guy: While you are correct in you need a CCW permit to carry a loaded firearm in a vehicle, he was not in a vehicle when confronted by the police.

Tom Jefferson: You come back and see me when your rights are stripped and you have no way to defend yourself. Obama has your back. Just remember, CHANGE is a coming, I just HOPE America wakes up before it is too late.

By illegal detainment

March 24, 2009 12:18 AM | Link to this

A person can voluntarily enter into a question/answer session with a cop, but if that cop prohibits the person from leaving his custody, he needs reasonable articulable suspicion that the individual was commiting a crime. The cops believed he was commiting a crime because those listed in the lawsuit failed to keep up with current legislation within the state. As all of us subjects know, ignorance of the law is no excuse.

By Ben

March 23, 2009 10:52 PM | Link to this

I carry a firearm just about everywhere because cops are too carry to pack on my back. And my favorite saying is “When seconds matter, cops are only minutes away” BUT having said that, packing heat in the open is stupid and serves absolutely no purpose. This guy is an Al Sharpton and not deserving of any sympathy.

By jimmy

March 23, 2009 10:44 PM | Link to this

Great this moron decides that he’s going to parade around with a openly carried firearm. Let’s review. The first person who I’m going to shoot is the one with the closest visible gun. I’ll work my way out from this idiot to the next idiot openly carrying a firearm. The one who is going to get me is the guy who has a concealed carry and shoots me in the head as I shoot the idiot in this article. Then, lets say I don’t have a gun with me but really want one. Here comes John Wayne puffing his little bird chest out like Festus as he walks by me glaring at all around trying to get someone to dare say something to him. I’ll wait until he wide walks past me and then I’m going to snatch that gun out of his holster and then start shooting others with it. He’s not going to carry a high security holster because it’s not a manly holster, he prefers his leather fancy holster to one that will retain the weapon. Anyone who decides that he’s going to exert his open carry right by walking around a public place displaying his big old weapon that’s a direct replacement of his tiny johnson is an absolute idiot not deserving of being amongst us. I’m sorry that Englewood will probably have to play this jerk a dime. Matter of fact a jury would be well within it’s right to award this putz a dime and no attorney fees.

By John

March 23, 2009 10:28 PM | Link to this

I live in Indiana and have a lifetime permit to carry. You will never know to sit beside me or stand beside me at the bank because you will never see it. I never leave home without it and I visit Ohio often as I was raised there and My faimly still live there. I believe if your weapon is spotted by any criminal at a holdup you will be the first to be shot. I get no thrill for some small child or scared senior citizen to see me with my gun. Its their to protect you and I. This guy is a nut case.

By Edu Guy

March 23, 2009 9:36 PM | Link to this

Firearms may be openly carried in cars only with a permit/license. This guy is not allowed to carry a firearm in the open per Ohio law. Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft’s veto, thus preempting all local open carry bans even in Ohio’s “home rule” localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle. PLEASE EVERYONE READ THE CONSTITUTION PLEASE!

By Joyce

March 23, 2009 9:31 PM | Link to this

I live in the City of New Carlisle where no one goes to jail, the Deputies have to be politically correct to the criminals, cause if they arrest me I will sue you for harassment. So I think that all of the decent people left should get a gun as part of the Presidents stimulus package to protect themselves. The criminals have more rights in New Carlisle than honest working people do.

By By Cricket

March 23, 2009 9:23 PM | Link to this

Way to go!!!! It is about time someone stands up for our rights. You would be suprised just how many police officers don’t know the law.Maybe if we all carried a gun we wouldn’t have so much crime.

By Deputy Dog

March 23, 2009 9:20 PM | Link to this

Well I have never been in favor of carry a weapon for the general public. However with the way things are and the way these 20 and 30 year old’s have no respect for anyone, and my wife and I are intimidated everyday by a neighbor because we like to sleep at 3:00 am and the neighbor wants to to have loud parties, run gas engines without exhausts, chain saws, sequel and peel in the streets and then wants to intimidate us for calling the police on him at 3:00 am I think we all need to carry weapons

By Pearl

March 23, 2009 9:15 PM | Link to this

Read your laws people! It’s fully legal to ‘open carry’ a firearm in Ohio. Learn more at Opencarry.org Just because I have a CCW (concealed carry) permit does NOT mean I have to keep it concealed. Just because the guy had his gun in the open does NOT mean he’s showing off. Its telling the bad guys to stay away. The people of Ohio need to learn its ok to see a person with a gun on his hip. Learn the new Castle law too! If they threaten your life on your property you can shoot! Educate!

By Derwood

March 23, 2009 9:01 PM | Link to this

An armed society is a polite one….

By Ray

March 23, 2009 8:53 PM | Link to this

Like it of not, he has a lawsuit that he will win. because his arguement was valid at the time. The city changed its ordinance after the incident to line up with state and federal law. Hence, they knew the language was bad in the ordinance. This guy just won 25K minus legal fees. It doesn’t matter where you stand on the issue. The guy knew the law and exploited it for his own gain. It is like the rich and tax loopholes.

By speacial k

March 23, 2009 7:48 PM | Link to this

The man is some kind of NUT he shound’nt be in the park showing off.These days you don’t know what somebody mite do.

By concerned

March 23, 2009 7:41 PM | Link to this

tom jefferson, you are a prick. do you think that everyone who owns a weapon is some type of redneck. It is people like you that are probably the reason crap like this happens. I am sure that it was someone in YOUR family that called. Probably did not get your stimulus on time. You are a jerk.

By speacial k

March 23, 2009 7:40 PM | Link to this

What is the reason for him to let everyone know he has a gun.It’s okay to carry his gun, but why do he have to let everyone know that he has it on him? If i was out in the park and seen someone walking around showing off his gun.

i

By Fritz Baker

March 23, 2009 7:28 PM | Link to this

Does $25,000 sound like a reason to you.

In many places you can carry “out in the open” with no problem. Being concealed is the problem. This guy sounds like a real a_ h_e. to me.

By Fritz Baker

March 23, 2009 7:26 PM | Link to this

Does $25,000 sound like a reason to you.

In many places you can carry “out in the open” with no problem. Being concealed is the problem. This guy sounds like a real a* h*e. to me.

By David Greene

March 23, 2009 7:26 PM | Link to this

If you have a concealed carry permit you should conceal it. I think cops in general are bad, but How did the cop know he had a permit when they questioned him? All they saw was a gun in the wrong place and they wanted to find out what was up. I think I am OK with the questions as a service to all of us innocent citizens trying to enjoy ourselves. As far as a law suit? Well it will cost the local government money which they get from us and I can’t afford to pay more money for a frivilous lawsuit

By Wordell

March 23, 2009 7:15 PM | Link to this

Check local laws (LOCAL, IDIOTS!!) before wearing a sidearm. I wear one where I live because the wife and I were assaulted previously by Obama supporters (damn!!!they were WHITE!!!imagine that!!!!) (generally…rapists of the Constitution, of liberty/of freedom/of freedom of speech…basically the worst mankind has to offer…), and now they leave us alone…and now they’re armed!!!! Imagine that!!!!!

By jarhead

March 23, 2009 7:08 PM | Link to this

What part of concealed don’t you people understand? He didn’t have his weapon concealed. How did Craig Smith get his ccw if he soesn’t know the ccw rules?

By John

March 23, 2009 7:02 PM | Link to this

Sparkey, it was perfectly legal for him to carry his weapon concealed. He went through the necessary steps to obtain a permit. But some boneheaded reason, he chose to carry it in the open in a public area, knowing full well that it would draw attention to him. Which is probably the reason why he did it. He is an attention whore. He could have exercised his right to carry and keep himself safe by carrying it concealed. Had he done so, none of this would have happened.

By sparkey

March 23, 2009 6:50 PM | Link to this

I don’t see why he can’t have a concealed weapon. Crooks and murderers have concealed weapons. If all people could have a concealed weapon, there wouldn’t be as many people robbed or murdered. The murderers and robbers wouldn’t know who was packing and who wasn’t.

By Jim

March 23, 2009 6:47 PM | Link to this

My question is where did he come up with this number for “Damages”? He wasn’t arrested, and he incurred no cost at all. Gun rights aside, this is just another jer k taking advantage of our freakishly litigious society. Englewood will settle, and their Police and Fire services will pay the price in layoffs and cutbacks. Then this same guy will sue again when thier emergency services didn’t get there when HE needed them and they couldn’t respond for lack of manpower. Shameful

By Just Tired

March 23, 2009 6:45 PM | Link to this

Although I am a firm believer in the 2nd amendment and am certified and trained to carry a weapon, I would never consider carrying my sidearm at a public festival. Am I an idiot? Perhaps, but I believe that along with the rights that I have, I also must exercise common sense and carry only when I believe that I or others may be in a potential harmful situation.

As a civilized society, we simply cannot revert back to the days when virtually everyone carried a weapon.

By Old Scratch

March 23, 2009 6:40 PM | Link to this

It is better to have it and not need it, than to need it and not have it is so true. The bad guy has to guess now as to who does or who does’nt. An elderly lady was asked why she had a 45, she said “Cause they don’t make a 46”. If you are denied the right of self-protection all the other rights are meaningless. Mao Tse Tung said, “All political power flows fron the barrel of a gun.” Fear the goverment that fears your gun.

By John

March 23, 2009 6:37 PM | Link to this

What kind of idiot goes through the procedures to get a concealed carry permit only to carry it in the open in a public festival, knowing that it will draw unneeded attention to them? That kinda defeats the purpose does it not?

By Tom Jefferson

March 23, 2009 5:56 PM | Link to this

You guys need to re-read the 2nd amendment. It gives you the right to KEEP AND ARM BEARS. Good to see the toothless white trash rednecks are alive and well. “Them derned liberal dem-o-crats is gonna take my guns away. I better buy as many stripped AR lowers and 30 round mags I can get my hands on. Sorry honey, no velvet Elvis painting for your birthday this year. I gotsta buy dem guns! I heard they was gonna ban four wheel drive trucks, tobacky and huntin dogs too. I’m scared, hold me Big Dog!”

By Barry

March 23, 2009 5:53 PM | Link to this

the police are not there to protect you. if you have a problem and you call the police, and then call the pizza guy, odds are you will have eaten half the pizza before the police bother to show up. if someone is legally carrying a weapon, then they ought not be harassed by the police. “Maynard is obviously NOT African American” your troll-fu is weak

By April

March 23, 2009 5:46 PM | Link to this

Think of it this way…he’s there to protect you when the police aren’t. The police can’t be everywhere at any time so that is why citizens should be able to carry without being suspect.

In regards to this article…he had it in plain sight which there was no need to do so given he had a concealed carry. Secondly, he wasn’t arrested. You can sue for being questioned now?

By bob

March 23, 2009 5:45 PM | Link to this

He’s suing over actions in 2007 under a law that didn’t exist at the time. Good luck with that.

By poppawu

March 23, 2009 5:37 PM | Link to this

Maynard is obviously NOT African American. I can only imagine what would had of happened to him if he was black trying to exercise his constitutional right! I applaud him. I don’t care if he is a klansman, Nazi or skin-head. He is within the law and his rights. The police should worry more about the guns they don’t see rather then the ones displayed legally in plain view. go get Maynard!! Bust a cap in the po po fo’ me.

By John F

March 23, 2009 5:34 PM | Link to this

Absolutely right. The 2nd amendment does guarantee the right to carry a gun. However, it says nothing about bullets….

And to people like Steve- why don’t you borrow some nuts from a squirrel and try and make me move? Of course, that is assuming that the squirrel doesn’t rip you a new one….

By Wyatt Earp

March 23, 2009 5:32 PM | Link to this

What a friggin idiot! You already have a CCW you retard, why do you feel the need to freak everybody out by wearing it? LOOK AT ME! LOOK AT ME! I HAVE A GUN! It is dip shi ts like you that make it difficult for sane people to own a gun. People read about a dic k like this and assume we are all brain damaged like this guy. I guess he was afraid when he heard the artists would out “draw” him. You will read about this turd shooting somebody in traffic or a kid that steps on his lawn someday soon.

By BennyD

March 23, 2009 5:31 PM | Link to this

First of all, there should be NO handgun laws either for or against. The U.S.Constitution guarantees the right to bear arms and ANY LAW should be a violation of the constitution. 2nd, if the city did not update their ordinance to comply with state and federal law, then they are at fault and deserve to be sued.

By steve

March 23, 2009 5:28 PM | Link to this

time to show these liberal idiots that we mean buisness and that our forfather’s gave us that right in writting…so you anti gun libs don’t want guns around you then move to England….we are better off with out you…

By John

March 23, 2009 5:25 PM | Link to this

“It was certainly in the purview of a police officer to question people walking around with a handgun in open view,” Smith said. “The suit is without merit.”

BULLcrap! The police were wrong!!! Why don’t they know the law? Make you wonder, eh?

By bruce

March 23, 2009 5:22 PM | Link to this

maybe the police should charge this guy if he needs help.

By Big Dog

March 23, 2009 5:21 PM | Link to this

I too have a CCW permit. Why do I carry a hand gun? Because I would rather have it and not need it, than need it and not have it. Am I a threat to general public with it? NO!

By K

March 23, 2009 5:19 PM | Link to this

It’s about time innocent citizens stand up for their rights. Kudos to Maynard.

By Big Dog

March 23, 2009 5:19 PM | Link to this

This lawsuit is 100% valid. It is a municipalities responsibility to keep up with state laws applicable to them.

By craig smith

March 23, 2009 5:18 PM | Link to this

i am on his side he has the right he passed his test…we need more like him ,,the way this country is going he may save someones life ..our nut cases running things have everthing backwards.. bad guys dont take test..long live ccw i have mine and i dont go around killig people.. duh i just dont want to go down with out a chance that is sick.. we need to protect our rights hope he wins