CCW and Liquor Establishment

[Scruit]

In Ohio a Restaurant that serves alcohol is off-limits to CCW. It's a 4th Degree Felony, ISTR.

Scenario: You are on duty and answering a call at a restauruant that serves alcohol. When you arrive you see a person who is not part of your call, but gives you the deer-in-the-headlights look, then gets up and tries and all but runs out the door. When you ask if everything is ok he admits that he is CCW and forgot to disarm - the sight of you reminded him that he was armed.

Do you hook him up? Or tell him to just go ahead and disarm? Or even get his ID and run him for warrants, deciding to hook or not based upon the warrant check?


This question is prompted by a 5th amendment discussion on another forum. In that thread the question is whether the mandatory LE notification of CCW status law conflicts with the 5th amendment in a situation like this...

[Valor55]

I deal with the call I came for. I'm not interested in CCW holders who make honest mistakes.

[Twelve Volt Man]

I deal with the call I came for. I'm not interested in CCW holders who make honest mistakes.

Ditto.

[ChesCopPodz]

Ditto, and I've come across it a few times. One was called on for "brandishing" (to this soccer mom liberal brandishing meant his shirt rode up a bit) and the other two times were just what you described. No way in hell I'd bust them, and not one of them gave me any reason to either. All admitted it was a mistake and either put it in their vehicle (two of them did) and the one didn't feel comfortable leaving it in his car. I told him to simply tuck in his shirt and leave it exposed. In VA it is illegal to carry concealed into a place that serves alcohol, but it isn't illegal to carry openly into those same places. As long as the bar doesn't ask him to leave, it's fine.

[txinvestigator1]

I deal with the call I came for. I'm not interested in CCW holders who make honest mistakes.

That is extremely refreshing to hear. ;)

[roopull]

That is extremely refreshing to hear. ;)

Ditto that.

[tomahawk134]

ditto, ditto that as well

[Babysmamadrama]

Ok for sake of argument, maybe the guy is admitting he forget to disarm or maybe he is trying to get the hell out of dodge because he wants no contact with the police for some other undiscovered reason.

If he is reasonable, he won't mind a quick detention while I check his status. He's ok, then he is given a friendly reminder of the law, make sure he secures and then back to business.

[scott715us]

He will get a routine check to make sure he is a legal CCW holder, but he won't take up too much of my time, and I will focus on the call at hand after my brief encounter with him.

[ChesCopPodz]

Ok for sake of argument, maybe the guy is admitting he forget to disarm or maybe he is trying to get the hell out of dodge because he wants no contact with the police for some other undiscovered reason.

If he is reasonable, he won't mind a quick detention while I check his status. He's ok, then he is given a friendly reminder of the law, make sure he secures and then back to business.

In this case you can detain him anyways because you already have a crime committed. If he's there with a weapon and he's not supposed to be it's a crime. Doesn't matter if he minds to the detention or not. If he/she starts with attitude at all, time for cuffs. You have PC to make the detention or arrest if you choose. You then choose whether or not to exercise that wonderful discretion we have. A forgetful mistake coupled with no attitude equals no arrest for me. Getting busted for a CCW violation will get their permit revoked, not worth doing to someone over a simple mistake. i'll even accept a little attitude in a situation like this. I give the warning that if they don't knock it off they will be arrested and lose their permit.