Police fight for exception to gun limits off duty
July 22, 2004
Cleveland Plain Dealer
Columbus - Restrictions on the right of off-duty police officers to carry concealed weapons could create headaches, Bob Beck, president of the Cleveland Police Patrolman's Association, said Wednesday.
Beck reacted to an opinion released Monday by Ohio Attorney General Jim Petro that said off-duty officers can carry concealed weapons at any time in any jurisdiction, except in bars, schools, courthouses and on private property that posts restrictions.
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But officers are not required to obtain a license to carry a concealed weapon off duty, and they are not subject to other restrictions on civilian licensees, Petro said.
Nonetheless, Beck is concerned that many police departments, including Cleveland, consider officers to be on duty 24 hours a day, which puts them in a Catch-22.
Beck recalled a 1999 incident when an off-duty officer killed a teenage robber in the Tree House Bar in Tremont.
"If he wasn't armed, who knows what could have happened," Beck said. "If we are held accountable for our actions 24 hours a day, we should be able to make that choice of carrying weapons 24 hours a day."
Dean DePiero, a former Democratic state representative and Parma's mayor, sponsored a bill two years ago to allow off-duty police to carry concealed weapon in bars, but it never got to a floor vote.
"Petro's ruling does not go far enough. It is weak," DePiero said. "Our police are always on duty, and they should be allowed to carry a gun."
The restrictions prohibiting concealed weapons from schools, courthouses and bars were on the books long before the concealed-carry bill became law this April, said Jim Canepa, Petro's chief deputy.
The opinion should help clarify police concerns about carrying concealed guns outside their jurisdictions, Canepa said. He believes there is some confusion because officers were unaware of the restrictions on carrying in certain places. "No one paid attention to the pre-existing restrictions on everybody," Canepa said.
Other changes welcomed by police are likely to occur if President Bush signs the Law Enforcement Officers Safety Act of 2004 as expected today. The bill unifies states' laws and allows off-duty officers to carry concealed guns across state lines. In Ohio, the federal law would remove the need for off-duty police to display weapons openly or keep them locked up while in a vehicle. Civilian license holders would not be affected.
"There have been inconsistent laws across the states, from jurisdiction to jurisdiction," said Terry Gallagher, executive director of the Ohio Patrolmen's Benevolent Association.
"Some guys have been afraid if they are stopped, they might be charged. This trumps that."
Commentary:
If Cleveland police officers are on-duty 24-hours a day, then they should NEVER consume alcohol. They should not only be considered "on-duty" when it is convenient to them.
The fact is, we are ALL held accountable for our actions 24 hours a day, and ANY of us may one day find ourselves in a situation in which it could be asked, "If he wasn't armed, who knows what could have happened."
We understand that, due to certain liberal law enforcement groups and other factors, there is a growing chasm between law enforcement and the regular population. OFCC is committed to closing that gap. We also believe that law enforcement officers and private citizens largely share the same goals.
One of the ways to start closing the gap is to end the preferential treatment afforded to any group/entity. If private citizens and law enforcement officers are asking for the same changes, the law will be improved much sooner. When it is improved, OFCC is committed to seeing that it be improved for ALL citizens. We look forward to having the full support of law enforcement.
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Petro: Off-duty officers must obey ''plain sight'' requirements; certain others
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