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Westlake OH: Man Who Brought Gun To Movie Theater Charged With 21 Felonies

Discussion in 'The Okie Corral' started by Half-Breed, Aug 10, 2012.

  1. Half-Breed

    Half-Breed ..... CLM

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    Scott A. Smith, 39, is being charged with 2 counts of carrying a concealed weapon and 19 counts of possessing a firearm under a disability. Prosecutors charged Smith with 19 counts of possessing firearms under a disability because Smith is taking the drug Percocet, which is a pain medication, and possibly other sleep medication. Smith faces 63 years in prison if convicted on all counts.

    Article.

    Seems to me many of the vets coming home from Iraq & Afghanistan (as well as previous wars) may have prescriptions for pain and sleep medication. As well, how many folks with chronic pain due to arthritis or from any of the myriads of other painful diseases take similar medication regularly? Are we to believe that they are all under a disability and unable to possess firearms?
     
  2. Huaco Kid

    Huaco Kid

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    So...

    If you are taking prescribed painkillers and you have guns IN YOUR HOUSE, you're a felon?

    Nice twist.
     

  3. Detectorist

    Detectorist

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    Every State is different. In NC, when I lived there, folks who carried concealed could not have any alcohol in their system. None.
     
  4. Restless28

    Restless28

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    Tick-tock, tick-tock.

    The clock will strike 12 soon.
     
  5. ray9898

    ray9898

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    Ohio law is pretty clear on the subject.

     
  6. DanaT

    DanaT Pharaoh

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    (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.


    Ray do you believe that someone who is "drug dependent" on a statin should be bared from owning a firearm or a CCW? What about someone dependent upon USP O2?


    Lets ask it another way.

    If you were an LEO in Ohio and you were tasked with arresting someone for possession of a firearm because of dependency on a statin, would you take their firearms from them at gun point.

    This is a simple yes/no answer that says very much about you.

    Again.

    Scenario. "perp" is dependent upon a statin drugs to live. Owns forearms. Neither of these two facts are in dispute. Would you arrest him and/or take his firearms at the point of a gun if you were and LEO in ohio with laws you highlighted?
     
  7. Half-Breed

    Half-Breed ..... CLM

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    I'm not so sure that it is Ray. There isn't a clear definition of what "drug" or "drug dependent" is. Is ORC 2923.13 (4) really referring to legally prescribed medication or does it refer to recreational street drugs? I take blood pressure medication daily and have for years. Am I "drug dependent" and under a disability?
     
  8. ray9898

    ray9898

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    I really don't want to get drawn into a pissing match with you since you set your 'question' up in a manner that you can attack me no matter what answer I give. I was just posting the revelant law to prevent any misinterpretation.

    However, this law has nothing to do with statin drugs.

     
    Last edited: Aug 10, 2012
  9. Restless28

    Restless28

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    I imagine interpretation lies in the eye of the enforcers.

    Not very fair and just, is it?
     
  10. ray9898

    ray9898

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    See my above post.
     
  11. Matthew Courtney

    Matthew Courtney Instructor #298

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    As those definitions involve medical conclusions that, if made by the prescribing MD, would preclude the writing of the RX, the Rx itself, unless fraudulently obtained, proves that there is no disability.
     
  12. DanaT

    DanaT Pharaoh

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    Funny you said it is "quite clear"

    Now it is not so clear???

    Why can'y ou answer if you would take a weapon from someone, by force if needed, if they were dependent on a statin drug if the law is "quite clear"?

    Its a question of morality for an LEO.

    Do you do it or do you not on a "clear" law. You posted the law and said it was clear; I didn't. So clarify (that means make clear) what YOU, officer RAY, would do with a clear law.
     
  13. DanaT

    DanaT Pharaoh

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    Seems like we have Stasi amongst us that is now afraid to answer.....

    Come one Ray, you can answer.

    What is the most that will happen? You with either have your cheer section or your haters. Do you think you will change anyone minds?

    What even worse...i have had more beer tonight than one should drink....and you are backed into a corner by someone that is in that state....

    Why cant you answer?
     
  14. Half-Breed

    Half-Breed ..... CLM

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    (B) “Drug dependent person” means any person who, by reason of the use of any drug of abuse, is physically, psychologically, or physically and psychologically dependent upon the use of such drug, to the detriment of the person’s health or welfare.

    I believe this may be the controlling factor.
     
  15. DanaT

    DanaT Pharaoh

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    So you are saying that if the Rx is not fraudulently obtained (for an item such as Oxycontin) and one not dependent Oxycontin for pain management even if one must take it everyday (or more than once a day) because it is not fraudulently obtained?

    In other words, a valid prescription, as the defendant is an affirmative defense against being "drug dependent"?
     
  16. tantrix

    tantrix J'aimeLouisiane

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    Dumbest thing I've read in a while. Glad I don't live in Ohio...
     
  17. DanaT

    DanaT Pharaoh

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    All drugs have side effects. So in effect, all drugs are a "detriment of the person’s health or welfare."

    Right here is an FDA warning letter about Bayer Aspirin.

    http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/2008/ucm116971.htm

    So we can conclude that since it is a drug that can be detrimental to ones health, per the FDA, that aspirin should preclude one from owning a firearm?
     
  18. ray9898

    ray9898

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    What are you talking about? Have I not just provided you with the revelant laws and their associated definitions to show that all your hypothetical situations you are using for your pending outrage are not possible under Ohio law.

    You really still want me to answer if I would arrest someone for cholesterol meds under a law that specifically deals with drugs of abuse?:faint:

    Come on....it is easy to see you just want to use your interpretation of something I say to further whatever point you are trying to make.
     
    Last edited: Aug 10, 2012
  19. WarCry

    WarCry

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    Some laws are written intentionally vaguely to give enforcement tools when needed. Like it or not, it's the reality of the world we live in. This law was OBVIOUSLY written to target things like illegal substances, but was left vague enough to open the door for things like this.

    And, honestly, I'm okay with that. Whether it holds up in court is yet to be seen, but what other charges do you know of that could keep this guy off the streets? It is - in my opinion - much the same as putting someone on a 48-hour psych hold (or whatever local/state allows) to keep someone tied up until something else can be done.


    Also, for anyone trying to just muddy the waters, Percocet is nothing even REMOTELY like high blood pressure medicine. In my opinion - again, just my opinion - if you're on a drug that has a warning about don't drive while you're taking this, it should also about to carrying firearms. If you're not in the right mind enough to be behind the wheel, you don't need a finger on the trigger, either.


    But what do I know?
     
  20. ray9898

    ray9898

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    Yes it is....and elements such as that are things LE must offer evidence of to a judge to obtain the warrants. I could not go to a judge and say "found him with a gun and pain killers and I want to arrest him". Anyone with common sense, especially from the 'get a warrant' crowd should no it does not work that way.
     
    Last edited: Aug 10, 2012