I'd meant to get this out earlier today, but it's been a very, very busy day for me on a number of fronts. Here's the latest today from Matthew Gaylor, reprinted as usual with his explicit permission, on the Jeffrey Jordan situation, told from the first-person perspective; I've added links to his original text, for research purposes:
Hello everyone,
I thought I'd respond in an open letter format to the deluge of comments I've gotten concerning Jeff Jordan's recent arrest for CCW near Ashland, OH this past week.
First I want to thank everyone for the kind words for my helping out Jeff. It was really nothing, albeit my significant other was a little pissed about it being New Year's Eve and all, but I'd want you to help me if I got into a jam. She wasn't all that pissed as she had to work early on the 1st and went to bed early anyhow.
For those who haven't figured it out already Ohio is a state with ample law enforcement, I travel frequently by vehicle all around North American and I can always tell I'm home because the police always seem to be around. The Ohio Highway Patrol has a reputation for being one of the toughest agencies in the nation which make speeding in Ohio a risky proposition. The OHP also are vehemently anti-CCW, in fact our Republican Gov. Bob Taft, who the Cato Institute gave an "F" for fiscal policy, cites the patrol opposition to CCW as his reason for not supporting out right to carry concealed. Ohio's legislator's have passed a CCW bill, but Taft is threatening a veto unless law enforcement friendly changes are made.
In Ashland, which is a medium small town about 80 miles north of Columbus I was favorable impressed with Jeff's attorney. Jim Brightbill is a SAF recommended attorney who practices in the Akron area, but who is from and grew up in Ashland. Prior to working as a criminal defense attorney he worked as a prosecutor. He commented that Ashland is a very conservative town and that the Judge and local prosecutor are members of the NRA, as are many of the residents. He thought a plea bargain would be offered early on, as the politicos won't want a CCW prosecution on their record, especially as Jeff doesn't have a criminal record, is gainfully employed, and wasn't committing a serious offense when charged.
I'm acquainted with a couple of former Ohio prosecutors myself and they have said that they usually offered a lower charge, like improper transport of a firearm in a motor vehicle, or carrying an unloaded firearm, which are misdemeanors for someone who isn't a professional criminal.
Ohio does have a quirky affirmative defense law, which means if you can show good cause why you're armed you can use it for your defense. However such tactics are a crap shoot and depends on your judge and jury. Ohio's Supreme Court recently ruled that Ohioans don't have a constitutional right to carry concealed firearms, in spite of our constitution expressly stating (1.04) "The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power."
Having known several people who have been charged with CCW in Ohio, my advice to Jeff or to anyone is to maintain a low profile, and take the plea. When I first met up with Jeff in Ashland I shared Voltaire's famous quote that "It's dangerous to be right when your government is wrong." It's all well and good to armchair quarterback, but it's Jeff's arse on the line and he could go to prison over this.
I think I understand the factors that lead to law enforcement going "ballistic" over this. First we had the heightened Homeland Security threat level, then law enforcement had the unsolved serial Interstate sniper case going on just 80 miles to the South. And lastly, four vehicles where caught on a surveillance tape at a local Columbus gas station just minutes after one of the shootings and one of the vehicles was a Nissan Pathfinder, the same make and model as Jeff's vehicle. Plus there were a couple of participating events, his alleged speed of 80 in a 65mph zone and one other, which was his questioning of the need for the OHP to have his social security number. Jeff's appearance is yet another factor, I had mentioned to him a law enforcement study that I once read that indicated that those who part their hair in the middle and who have long hair, are more likely to use drugs (and no I'm not making this up.) Jeff's not a drug user, but law enforcement gauges how you look in how they deal with you.
Frankly we don't live in a free society and we all would be better off as a general principle looking like businessmen or bible salesmen. The last couple of times I was stopped by The Ohio Highway Patrol, I got off with a warning. Realizing that in a traffic stop, they don't know what they're going to get, I help them feel safer by rolling my window down, turning my dome lights on, placing my hands at 10 and 2 on the steering wheel and greeting the Patrolman pleasantly with a "Good evening Trooper". My true thoughts are masked in civility and genteel behavior.
In this particular case the OHP apparently communicated to the media that Jeff was a Militia person, [Which he isn't] (Reported on Fox News at the bottom of the screen in their ticker tape like section) with video footage of Jeff's FAL rifle and ammunition. BTW, all of Jeff's firearms are legal to own in Ohio. He was just charged with carrying his two pistols concealed. His rifle was stored in a locked box, legal carry in Ohio btw. The showing of his personal belongings that were not involved in his "crime" are suspect. What does the Patrol have to gain by this?
As some of you know a defense fund has been set up for Jeff's defense at Keep and Bear Arms.
They have agreed to accept the funds for Jeff Jordan and manage the account. They'll be setting up a web page soon to take donations online, but folks who would be sending a check can do so already by sending them to:
Keep And Bear Arms
15201 N Cleveland Ave.
PMB # 141
North Fort Myers, FL. 33903-2715
(239) 560-7566
It's being considered what will be the next move, a protest is being considered where a caravan of supporters will escort Jeff out of Ohio. We're thinking of detouring the route to include the area where the serial sniper is active to highlight the fact that Ohio's government leaves it's citizens defenseless. If we clear this with Jeff's attorney details will be forthcoming.Regards,
Matt Gaylor
Columbus, OH
(614) 313-5722
I would recommend those wanting to understand the situation regarding carry laws in Ohio start by consulting the Ohio information page on Packing.org, a great and active repository of information on the subject.
Posted by Russell Whitaker at January 3, 2004 7:11 PM | TrackBackHi Michael,
Apologies for not having gotten back to you on the mail you sent on this subject. I did indeed get it, and will answer the mail regardless (this part excepted) since there was some other stuff in there too.
By the way, I also sent an updated notice to Packing.org.
Posted by: Russell Whitaker on January 3, 2004 8:35 PM