Gary Dressler v. Bradford Rice, et al.
SocialSecurity SecondAmendment FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Is an individual's Second Amendment right to bear arms violated?
QUESTIONS PRESENTED FOR REVIEW Question I Is an individual’s Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and is arrested by police officers, when the State of Ohio has passed a law (O.R.C. §9.68) that declares the individual right to keep and bear arms is a constitutionally protected right in every part of Ohio and permits a person to open carry a firearm in any part of the state, except as specifically provided by law? Question II Does probable cause exist to arrest an individual so as to entitle police officers qualified immunity, when the individual is a business invitee and legally open carrying a firearm, and when the police are shown that there is no sign prohibiting the individual from open carrying in the business? Question III Can summary judgment be granted, when the facts show a conspiracy exists, when a private party gives false information to the police about a sign prohibiting firearms in a store, when that information is shown by a customer to the police to be false, and the security guard demands the police to arrest the customer, who is legally open carrying a firearm?