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Gun toter charged despite license

Monday, April 2, 2007 6:54 AM EDT

PERKINS TWP.

A Sandusky man was charged with improper handling of a firearm even though he had a license to carry it.

Larry F. Fearing, 54, was charged with improper handling of a concealed weapon for the incident at an area gas station.

He was there to pick up his wife from work.

He was reportedly seen carrying his hand gun in his front pants pocket, even though he said he was trying to keep it out of sight.

When Perkins police arrived, they ordered Fearing and his passenger out of their vehicle, asking him to back up and drop to his knees before they handcuffed him, according to reports.

Fearing's gun was found in the his car's dashboard console. It was loaded with the safety on, police said.


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16 comment(s)

Derek Matthys wrote on Sep 8, 2008 2:55 PM:

" Under the second ammendment of the constitution, we as citizens of the united states have the rights to bear arms. Under pennsylvania laws, I can carry my weapon on my side in visible sight without a concealed weapons permit. It just has to be kept visible. He has a concealed weapons permit. Therefore, he did not do anything wrong. Wether it was seen or not if he wasn't waving it at people and making threatening gestures with it there should have been no issue. I can understand the stop however, because untill they checked his lisence they dont know whether it is him that is truly driving the car.

I have read (I apologize for not remembering where) that the supreme court ruled under no circumstance can the second ammendment be infringed upon. You should definatly sue. I would! "

tm wrote on Apr 14, 2008 5:16 PM:

" im a deputy sheriff. let me ask this. does the law there make it illegal to put the bullets in the gun unless its on your person? in rhode island if the gun is in the car it must me unloaded and the bullets separated from the area the gun sits.if this is the case there, he broke the law. "

ken wrote on Apr 13, 2007 11:53 AM:

" AS A LAW ENFORCEMENT OFFICER I AM SADDENED AT THE OVER REACTION BY LOCAL LAW ENFORCEMENT.MANY MANY ERRORS WERE DONE IN THIS INCIDENT AND HOPEFULLY THE DISTRICT ATTORNEY WILL SEE THIS AND DO THE RIGHT THING AND DROP THE CHARGES. "

Citizen wrote on Apr 13, 2007 1:47 AM:

" Stephen, take a deep breath man. Larry, Anyway, Sgt. Ed. Hastings gave the order to even stop the car, and made the decision to file criminal charges. I can see the police stopping you, to ensure that it is you as the driver, and not someone else using your car etc etc..... Criminal charges? Not unless you were waving it around.. haha. I would sue also..... you do have a case. "

OFFC member wrote on Apr 12, 2007 6:43 PM:

" Larry, Would you describe your indash console for us? A glove compartment? Does it have a lid that latches? We're with you, man. "

Larry Fearing wrote on Apr 9, 2007 10:50 PM:

" While picking up my wife from work a man walking behind me saw that i was puting a gun into my jacket. This man called the police and informed them of that fact. While waiting in my car for my wife, the police watched me. they ran my plates identifing me. At which time they would have known that i had a ccw license. The police knew there was no robbery after 15min of watching the station. Therefore had no legal right to stop me much less do a felony stop with guns pulled on myself and my wife. "

Stephen Markovich wrote on Apr 8, 2007 10:23 AM:

" Get the names of those Gestapo Police and put them on a web page or blog....! Sue those bastards communist cops and make fools of them in media as a harsh method of conformity. "

Dennis wrote on Apr 7, 2007 6:09 PM:

" What's wrong with this picture? This man's got a concealed weapons carry permit? So what if his gun was seen a little bit? This sounds like Board police to me? Doesn't a concealed weapons permit carrier have the right to possibly make a mistake and let their weapon show from time to time? For God sakes was this world coming to? I live in Colorado I am a fugitive recovery agent law enforcement, I also have a concealed carry permit, I never leave the house without my 191145 combat automatic! And I'll tell you what if that happened to me? I would be thinking this is the most ridiculous thing in the world that I've ever heard of? What a target of invasion I hope the police department gets sued to death! Sincerely Dennis. "

Jeff Davis wrote on Apr 5, 2007 4:02 AM:

" "Dashboard console?" Would this be the same thing as what normal folks call a "glove compartment?" I don't see anything here that would rise to the level of a criminal charge. This gentleman's owed an apology and a dismissal. "

Cadet wrote on Apr 3, 2007 6:40 PM:

" Gunshy, What does this have to do with someone shooting themseles in the back of a crown vic? Nothing! It is true that you should use caution with firearms. That is just common sense. But as far as charging for an alleged criminal act. Well, lets just say I was trained to get the charge correct the first time and not to wing it. Sounds like maybe just maybe they were winging it. "

gunshy wrote on Apr 3, 2007 3:49 PM:

" Remember the guy who shot himself in the back seat of a PPD cruiser a few years back? Better to err on the side of caution where guns are concerned. Did the cops know the man was a permit holder at the time of contact? "

Gonna be dropped wrote on Apr 3, 2007 1:20 PM:

" If the improper handling charge is because he was carrying in his pocket, the PD is gonna get a big lawsuit. If it is because of the "Dashboard Console" aspect, this is going to be the test case many have been waiting for. The center console is a container with a lid that has a latch, and is in plain sight. So I think either way, the PD REALLY messed up on this one, and its going to cost them $. At best, the government will pay for his legal fees. At worst, thousands for civil rights violations. "

Jim wrote on Apr 3, 2007 3:18 AM:

" What's wrong with this story, don't PPD read or update on the new Mach 14, 2007 carry law. This will cost our township money, and going foward they need to learn the new law. I also have license to carry, I waited 3 years for the police to get there "facts"??? together before detaining persons that following the guide line of the law, Hope this is a lesson to all law enforcement before over reacting to a legal License person carry a conceal weapon. "

Rob wrote on Apr 2, 2007 1:18 PM:

" Unfortunately, PPD is likely to have to answer for unlawful detainment. Fearing did not break any laws. He had a license and in addition to this, even if his gun was visible, open carry is legal in Ohio. Hope, the township is ready to open their wallets on this one. "

READER wrote on Apr 2, 2007 11:19 AM:

" BLAH BLAH BLAH. CADET KNOWS EVERYTHING HUH? "

Cadet wrote on Apr 2, 2007 10:35 AM:

" The problem with this charge is that it may not hold up. Under Ohio Revised Code 2923.16 He has to have the firearm in a locked console/glove box and it can be loaded or hot as L/E would call it. Also since updating the firearms law March 14, 2007. You may also transport a loaded firearm in a bag that zips that is in plain site or a box that snaps shut loaded. This charge may not hold up for Perkins Township. If I were PPD I would be worried their insurance rates might be going up on this one. Because if they are looking at Andersons online where you can find the Ohio Revised Code. The new law has yet to be updated as of yet. 2923.16(E)(1) does and does not apply on this issue. I would personally refer to the Ohio Attny Generals Office or this fact http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_347 or this Several other aspects of Ohio's 3-year-old law CHL law will also changed. Requires courts to award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with Ohio law Raises the license fee to $55 and makes the license valid for five years (not retroactive to currently held licenses) Requires a person carrying a concealed firearm to keep their hands in plain sight during any stop for a "law enforcement purpose" and specifies a penalty of a first degree misdemeanor Raises the penalty for failure to inform an LEO you are carrying a concealed firearm from a fourth degree to a first degree misdemeanor, and requiring a suspension of the person's CHL Specifies that the penalty for grasping or attempting to grasp your firearm during a law enforcement stop, without specific direction from an LEO, is a fifth degree felony Requires a CHL applicant to be legally living in the United States Allows for a CHL renewal period of 90 days prior to expiration and 30 days after expiration Requires sheriffs to accept applications at least 15 hours per week and to post those hours Requires sheriffs to accept applications for temporary emergency licenses during all regular business hours and without an appointment You are not permitted to exit your vehicle during a traffic stop unless instructed to by an LEO Removes the plain sight requirement for carrying in a motor vehicle, but still requires use of a holster A loaded firearm in a locked case does not need to be in plain sight, but an unlocked case must be in plain sight and have a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun Violations of most provisions in a motor vehicle are now increased, many to felonies Statewide preemption of firearms law was enacted as follows: The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition. Local laws that Statewide preemption will NOT invalidate: A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses. A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses. These are all the facts. Thank you and enough said. All facts are current according to the revised weapons law of Ohio "


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