Man with gun charged during traffic stop

He said other agencies have given him different suggestions for notifying officers of his CCW during a traffic stop.
Sandusky Register Staff
Feb 27, 2014

Officers seized a Sandusky man’s gun and concealed weapons permit early Tuesday morning during a traffic stop.

Richard Pierce, 40, 1000 block Shelby St., was charged with failing to inform law enforcement of CCW permit and weapon, and left of center. An officer stopped Pierce on Milan Road after his vehicle kept traveling on the center yellow lines, according to a Sandusky police report.

Pierce at first argued with the officer about the legitimacy of the stop, saying he was trying to avoid parked cars on the roadside, the report said.

Later in the conversation, Pierce disclosed he had a weapon on him and was a CCW permit holder, the report said.

The officer charged Pierce for not notifying him in a prompt manner. He seized Pierce’s loaded .38 caliber revolver, along with his permit, which was later turned over to the Erie County Sheriff’s Office.

Pierce was then cited and released. He said other agencies have given him different suggestions for notifying officers of his CCW during a traffic stop.

Comments

Unassumer

I thought they put it on your record and the police are notified by the dispatcher of ccw permits. It's not automatic?

Simple Enough II

Only if it is a vehicle registered to the ccw holder. Heaven forbid you have a wife driving the vehicle and a cop with a bad attitude comes upon her.

vicariouslyAlive

I know it's crappy, but if you have a firearm in the car and you fry pulled over the first words our of your mouth have to be "a firearm is in the vehicle." If not they the police will play this crap hand if semantics of "promptly modified," and they'll win because cops do know wrong...

getit right be4...

You only have to notify if the firearm is loaded and you have a CHL. If the firearm is unloaded and stored correctly then there is no need to notify. From the sounds of it this is not the case in this stop but just wanted to clear up your post.

duckpond10

A reminder for all of those legally carrying:

http://codes.ohio.gov/orc/2923.12

beepx22

This is why the notification law has to go

getit right be4...

^^ +1

Licorice Schtick

If you have a CCW, you should to know, had you been awake during the required class, that if you are stopped, and you are carrying:

1 - You must "promptly inform any law enforcement officer who approaches" BOTH that you have a CCW, AND that you're carrying.

2 - You must keep your hands in plain sight, from the time any law enforcement officer begins to approach until he or she leaves.

3 - You must not touch or move or unholster the gun or attempt to do so unless you're told to.

4 - You must immediately comply with any lawful order by any law enforcement officer.

wheresyourpride's picture
wheresyourpride

Who's the officer? This was a dirty move some officers have no conscience. Thanks for the post duck

Simple Enough II

Can the cop request the firearm? I'm unsure on this one as I don't feel compelled to hand over my firearm to a cop just because he wants it secured while wasting my time.

getit right be4...

I would not recommend taking someone's word on this kind of information. Your best bet would be to look up the laws for yourself. That is the only way to cover your crack.

Pterocarya frax...

Go ahead and refuse to give your gun to the officer. Then you will have plenty of time to read the law while you are sitting in jail. That is, unless he just blows you away.

zachfromsandusky2

YES they can request that you surrender possession of your firearm for the duration of the traffic stop. With that in mind by no means are you REQUIRED to surrender your weapon unless their is actual probible cause to detain you on suspicion of criminal activity or you are are under arrest and being charged with a crime. Requiring you surrender your weapon without either of the afore mention variable in place would be in violation of the 4th amendment protecting you from illegal search or seizure (temporary seizure of your firearm during traffic stop). Hope this answers your question. Btw Perkins pd has tried this with me and weren't very happy when I would not accommodate their requestto surrender my weapon during the stop just an fyi.

GoBigLex2001

We need to get rid of this notification nonsense!

Darwin's choice

"lawful order"....always finding out what a "lawful order" is after the report is written!

Fireside

Been carrying for years, been pulled over several times. Been ticketed, been warned. Each time was less than 10 minutes. Use common sense!

TKeegan73's picture
TKeegan73

A few weeks ago I was parked in a parking lot to make a call on my cell phone, unlike 80% of the other people out there I actually pull over and stop to use my phone. I was only parked for a couple of minutes when an officer came out of no where and pulled up behind my parked car and put his lights on. As he approached the car I just happened to see him in the corner of my eye in the mirror and put my hands up on top of the steering wheel where they were completely visible to him after I had put my window down. I quickly notified him that I was a CCW holder and that I was armed with a handgun. He replied with "I know and that's why I am stopping you"??? I laughed and replied, "stopping me? I've been parked here for a few minutes before you pulled up behind me", and "besides I didn't know having a CCW was viable cause for you to stop me or approach me?". He asked me to step out of the vehicle and place my hands on the roof and when I asked why he said because he told me to?!? I laughed and got out of my vehicle and did just as he asked, he then started searching me and found my gun in the holster like it is supposed to be but when he went to remove my gun from the holster he put his finger on the trigger as he removed it and thank God above I didn't have one chambered because the dumb dumb actually pulled the trigger as he was trying to remove it from my holster. I clearly heard it click and so did he and I immediately got upset with him and asked him if he knew how to properly handle a firearm and of course that sent him into a bit of a rage with me. He threatened to arrest me on some trumped up charge of not properly holstering a concealed firearm and I notified him I would be contacting his superiors about his ignorance in handling a firearm and the fact that if it would of had a round chambered that he would have shot me with my own gun. Normally my handgun is loaded and chambered but that morning when I left home I decided not to for some reason, thankfully I hadn't or I may not be setting here telling you about it. The laws definitely need changed, the officer had no reason to approach me as I wasn't doing anything wrong and at the time I was actually on the phone with a long time friend who is a active Police Chief in a small Wood County community and he heard everything being said and actually called 911 during my stop because he felt the officer was out of bounds and endangering himself and myself. Other officers then showed up and apologized and explained the officer was only a 4 month rookie. I was polite and courteous with the other officers because they were very respectful. I feel they need to do more training with new and older veteran officers on what the CCW laws are and what they can and can't do. He had no right to approach me as I had done nothing wrong and he could plainly see I was using my phone. I don't know if the officer had any disciplinary action taken against him for the ordeal but I'm hoping they at least talked with him and explained how he put an innocent persons life in danger with his negligence. Take note of this everyone, this could happen to anyone. As a CCW permit holder you should know your laws like the back of your hand because most of the officers don't know the actual laws on it until they look them up in their law book. For your safety and the safety of others please if you carry know what the laws are in your State and any other States that you travel in frequently or a going to be traveling through so you don't get into trouble or if you get a rogue officer that is trying to push you around like you are an uneducated idiot. As always have your Attorney on speed dial in case you feel your rights are being violated or in my case your life was put in danger due to negligence.

milemarkerzero

Mr. Keegan. You are absolutely correct with your whole comment. There are many, including yourself, and me that a round was not chambered. For fellow CCW permit holders. That should be the first words out of your mouth when an officer approaches. Also keep your hands on top of the steering wheel, and ask the officer what they want you to do next. Turning on your interior lights at night is helpful to. None of this is rocket science.