Friday, January 01, 2016

The death of Tamir Rice and Ohio's Open Carry Laws

The death of Tamir Rice, the 12 year old boy who was shot and killed by police after he brandished a realistic looking toy gun was an avoidable tragedy.  A number of factors contributed to this horrific event.

1.  The police dispatcher failed to communicate two key facts from the call reporting that someone was brandishing a gun.  That the person was probably carrying a "fake" gun and that the person involved was probably a juvenile.  That was critical information that might have caused the officers to hesitate for an instant before shooting.

2.  Someone removed the orange tip from the toy that marks it as such.  Had the police been able to see that tip (that's why it is orange, to be easily noticed), they would have been aware no one was in danger.


3.  Tamir Rice concealed the gun in his waistband, and covered it with his hoodie.


The grand jury chose not to indict the officers.  I can see where someone might buy into the argument that a reasonable police officer would be in fear for his/her life and the lives of others, upon seeing someone draw what looks like a real gun.  But this was an avoidable event and I'm of the opinion that these officers are guilty of some level of homicide.  Negligent homicide.  Involuntary manslaughter.

None of that changes the fact that there are major fallacies in the memes and diatribes permeating the internet that Tamir Rice should not have been shot because Ohio has an open carry law.  Nothing could be further from the truth.

Ohio's laws regarding weapons handling make it clear that one cannot brandish or point a weapon at another person, something that Tamir Rice did.  Those laws make it a crime to put a weapon in one's waistband and cover it with their sweatshirt.  That's carrying a concealed weapon and it requires training and licensing in Ohio.  Concealed and Open are in direct contradiction.


I doubt that Christopher Hayes or any of the others who are trumpeting this idea that Tamir Rice was in compliance with Ohio's Open Carry law will take the time to look up the law and discover they are wrong.  How dare we try to challenge their assertions with facts.