Abused Ohio Gun Owner Tells His Story

As interviewed by Angel Shamaya
Executive Director
KeepAndBearArms.com

I receive phone calls from time to time that turn my stomach and make me see red.  I am about to share one of those conversations with you in the hopes that you will pass it on, through all channels available to you, both online and on paper you print out and pass out to all gun owners in your sphere of influence. This is the story of how the passive carrying of a gun for self-defense can get you stripped of your property and your rights, for no other reason than someone knows you are a self-determinant gun owner and hates your guts accordingly.

The events described below took place in Cleveland, Ohio. Cleveland is the city where people who pay taxes, work hard, save up for a rare vacation, raise a family and teach them the values that will lead them to be the best citizens they can be are required by their state to be easy targets for predatory criminals.  This is the same state whose own constitution says,

Ohio Constitution Article I, Section 4

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.

Ohio Constitution Article I, Section 1

All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.

but where only criminals and cops (good and BAD) are "allowed" to carry guns - unless they want to risk going through a nightmare similar to what Garry Swirsky has gone through.

We'll call this The Garry Swirsky Story.

Buckle up.

Garry called me last week and very calmly explained how being a gun owner in Ohio is much like being a "witch" in Salem, Massachusetts a couple hundred years ago.  In his own words,

"Horror stories like mine are becoming alarmingly familiar in our 'free' country. Perfectly lawful, decent citizens are degraded to a level below that of the criminals who actually use guns for malicious ends and are punished as severely, if not more so, than the violent criminals who disobey the very gun laws said to be enacted to stop Real Criminals."

Garry should know.  He went through Hell and is still in purgatory awaiting more Hell unless, somehow, we pray, the madness stops before it steamrolls him like it has so many others. Unless things change in Garry's favor, all 5'5", 110 pounds of him may be going to prison for 18 months.

His crime?

He had the "audacity" to carry a gun just because he somehow found the multiple thousands of dollars he was carrying to be worth protecting.  (What nerve! Who does this guy think he is...an American?!)  The state who ignores its own constitution AND the united States Constitution would have him hand over the money and file a police report.  Such manly men in positions of power in Ohio.

Like I said, I'm steamed.  Step into my conversation with Garry, and you'll see why:

Angel Shamaya:  Garry, tell me a little bit about yourself.

Garry Swirsky:  I’m 40 years old, self-employed in the construction field and an FFL holder as well.  I pay my taxes, and I have no criminal record.  I'm the definition of an upstanding citizen, other than the fact that I am a gun owner in Ohio and there are a bunch of gun-fearing and gun-hating people here who associate me with common criminals simply because I own and strongly support the ownership of firearms.  I have no criminal record.

AS:  And what was your relationship with law enforcement prior to this incident?

GS:  Better than good.  In fact, I also do gunsmith work and am good enough at it that, for quite some time, police officers have brought me their guns for repair.  One time one of them even wrote me a letter thanking me for loaning him one of my own handguns for use as his service weapon while he entrusted me to repair his own gun.  I'd say that's a pretty good rapport.

AS:  Me too, Garry. And just so we're clear, does your occupation require you to carry a lot of money and high-value items?

GS:  Yes.  Both of these enterprises require that I will sometimes need to carry large amounts of cash with me, sometimes $2000 or $3000. In the course of business as an FFL and a target shooter, I also transport firearms. I deem it reasonable to carry a firearm not just to protect my life and money, but particularly the guns I may have with me in the course of a day's business. I would not like to have my guns stolen from me and used in nefarious ways, and I take every prudent precaution to prevent this from happening. Let me also mention that I do have a good understanding of the justification for using lethal force and solid grounding in firearms safety and use. I’ve also stared down the wrong end of a gun before, twice, in my own city, confronted by Real Criminals.

AS:  And of course we both know your state constitution states in at least two places that you can defend your own life, that you can bear arms for your own defense and security, etc. etc.

GS:  Yes, we all know that up here in (Governor) Taft Country, and so do the police who bust innocent gun owners, too, but they just don't care, or at least some of them don't. Before I relay the events of the attack on my freedom, let me paint a picture for you of life in Ohio as a gun owner. One suburb requires that your gun be registered before you may transport it through their city - not necessarily with them, but it has to be registered with someone, (University Heights). This is an area in that, if you feel you must carry a firearm, it better be registered or you’re in for a multiplication of problems if you should ever need to justify your possession. Just one problem with this though. Your registration makes the fact of your ownership a matter of public record, and as with all public records, there will always be someone who will try to use your personal, private information to your great misfortune or disadvantage.

AS:  Go on.

GS:  In Ohio, even with our own constitution speaking in plain English what our rights are, we are told "there is no provision for carrying a weapon." Carrying a concealed weapon guarantees arrest, period. In some places, there are "mandatory" prison sentences, and I say "mandatory" that way because the sentences are handled in such obviously arbitrary ways it's mind boggling.  Decent people who carry thousands of dollars in jewelry are slapped with a felony and must either win in court or potentially go to prison.  And open carry - while not in a motor vehicle - is technically legal, but it demands a Terry stop by the police if they see you or are called. In many cases you’ll be arrested for "disorderly conduct", which has actually been upheld in the courts. The Ohio constitution allows for the bearing of arms for personal defense, but state code supposedly nullifies it. This leaves a responsible person in an awkward position. Should I have the means to defend my life and property?  Should I have my guns stolen on the way to range, and risk 18 months in prison?  Or should I play it safe with the law and deal with my conscience, or my death if I go unarmed? If I carry, I'm now, according to this constitution-violating state, a felonious criminal.  It's just not right that good people must submit to bad people.  It doesn't make any sense, and what I'm about to tell you happened TO ME!

AS:  I'm listening, brother.  I'm right here with you.

GS:  Thank you.  I haven't been able to get help from anyone, and gun owners up here seem to be scared to even TALK about guns, let alone take any real action.  I know that is starting to change now, and I hope my story helps, but there are a lot of scared gun owners up here, and I sure as Hell know why!

AS:  Keep talking.  I'm recording this, and we'll see about connecting you with some good folks in Ohio who will help you.

GS:  Okay.  Here goes.  I decided that I would take responsibility for the safe and prudent arming of myself for my own safety and that of society at large by protecting weapons in transport. As it turns out, I’ve saved nothing and may have killed myself in the process. In every respect, I would be personally better off if I had allowed myself to be robbed of all my money and guns than to have the law charge me with CCW.  By being arrested, I have lost far more money than I was carrying, my guns are gone, and I can’t say this has been the most pleasant experience I’ve ever had. Of course, I might even go to jail for a year and a half too - all 5’5” 110 pounds of me. Responsibility and morality are deadly nowadays...

AS:  Please, continue.

GS:  Now before you say that if someone is stupid enough to get caught, they deserve what they get, let’s consider what that means. This presupposes that they have done something wrong to have gotten caught. This would be the necessary premise from such a statement. But suppose that someone simply knew you had a gun and wanted to hurt you? That might change things a little, wouldn’t it?  Well, that’s exactly what has happened to me, and here is how the drama played out:

I’ve been banking at the same bank for about 5 years. Most of the folks there know me, and although they like to hold checks as long as they can, we were managing our relationship just fine.  When the vice-president of the branch I usually went to retired, one particular woman was placed in charge of the branch.  From the first time I met her, she had this chip on her shoulder that made me think she was jealous of my success. She never had a couple of thousand dollars in her pocket, and I did, every time I saw her. The old VP would at least allow me to maintain a decent cash flow and release some funds when I needed it. Not this woman though. She is the kind of woman who holds certified checks on you - because she can - and she's downright nasty about it, actually rubbing your nose in the fact that she lords over your own money.

As fate would have it, this was the same woman who notarized my last handgun registration form for me - and gave me a lecture about how unsafe it was to carry money with me. Other tellers have remarked on my carrying cash, but no one ever gave me a hard time about it. One teller I was friendly with asked why I felt safe with that wad of hundreds, so I showed her the stack of bills in a rubber band with my handgun I.D. card from the chief of police. Made sense to her - it seemed. After all, I’m sure I’m not the first person a bank teller has run into that she knows is armed while carrying a lot of cash, and of course they knew I was in the firearms business anyway. I’d even asked this bank for funds to help get that business going.

Well, the day after Thanksgiving last year, I had collected a Certified check from another contractor issued by a local bank for about $13,000.  I stopped at a branch of my bank that I occasionally use - to cash my certified check. They would have done so too, but all they had were $20's and $50's. Not a Ben Franklin to be had - on the busiest shopping day of the year.

I then asked the teller if she would call the branch I usually go to, to check and see if they had any cash. She did, but was put on hold, and as the line behind me was growing, I told her I’d go to the car and call myself. Then I asked the manager how such a short supply of cash was possible, and he told me they had to order anything over a few thousand - and it takes a  week. Oh well, I shrugged and left. There are 9 minutes of video of me in the bank laughing and smiling, for to me it was funny that a bank doesn’t have any money.  What are those armored cars for then?

Next, I called the bank that issued the check, hoping I could cash it there. They were at the other end of the shopping center, a couple of hundred yards from my bank, so it made sense to try. They told me "no" and that I would have to take it to the branch that issued my certified check. So next I call the main branch I do business with and, of course, who do I get on the phone? You guessed it: that same woman who did the notary for my gun, only now she’s just been promoted and has power. I asked simply if she had enough cash for this certified check. Her response was, “It doesn’t matter. We have to hold it until Monday”. Needless to say, I  was a little surprised at this answer, particularly since I had ample funds to cover my CERTIFIED check in MY BANK ACCOUNT at the time - and since I'd been banking there for FIVE YEARS. Now, I will admit I told her she was about the most ignorant business person I’d ever run across, that businesses and banks are partners, not adversaries, and what was she trying to do – put me out of business by choking my cash flow? I said, "So, instead of just cashing my certified, guaranteed funds check, we’ll play paper games; I'll deposit the certified check and then take my other money out." and hung up. Yes, I was terse, but that's it.

Done with my construction business for the day, I go home and get ready to go to the range to see what business is going on there.  I planned to stop at the bank on the way and see how much of my own money this woman would be so kind as to let me have. I loaded up my range bag and, already carrying nearly $2000 on me and an endorsed certified check in the amount of $13,000, head to the bank and from there I was headed to the range. I had 3 guns in my bag and yes, I was carrying a .45 concealed with me.  Boy, did I have a surprise waiting for me, after which life would never be the same again, because of some jealous, malicious, evil woman who didn’t like me, my success or my guns. She had the arbitrary power to choke my business and she was darn well going to show me who was boss - and who controls the money I earned.

I drove to the bank, and driving an SUV that has no lockable compartments, I took my range bag in with me.  I went to the desk with the deposit slips to start this unnecessary paperwork hassle and she came up behind me and told me, “We’ve frozen all your accounts, won’t honor the checks you’ve written, and you can have your money back next week”.

Good set-up. She put me out of business right there without any reason or warning. What I didn’t know is that she had made up a reason, and had also set things up to get me arrested. She knew from previous experience and from our phone call that I was carrying a significant amount of cash and a certified check I expected to cash also, that I carry a gun when I do carry cash, and she had already called the police with her made up and dramatically overblown story. When I walked into the bank, I’ve since been told, she pressed the silent alarm as soon as I came in. Expecting me to “lose it” upon her closing my business like that, she figured I would make a scene and the cops would get me for something. Instead, I simply asked what I was supposed to do with an endorsed certified check. She shrugged with an “I don’t know or care” look. “OK,” I said. “Who will give me my money back - and when?”  She told me her “security officer” was handling it. I asked if I could talk to him, and she asked me if I would like her to page him. Of course I said "yes", so we moved over to her desk and she dialed the phone, to whom I do not know. (This is all on the bank video I now have in my possession.) 

While waiting for a return call, I asked her how she could try and run a bank this way. A few minutes passed while I was basically stalled while she waited for police to arrive, and while in the middle of a sentence, I was grabbed from behind. I, naturally, pulled away, but being inside the bank I didn’t feel an immediate need to take any defensive action other than to see who it was, so all I did was simply turn around a bit startled, and that is all. When I turned, I saw it was a lone cop, (on a bank alarm call one guy comes in without a gun even drawn?), so I stopped. He then proceeded to throw me down and said “Now you’re under arrest!”  While down on the ground, another officer who I’ve known for 20 years from another department comes into the bank, I say something that conveys a plea or a vouching for me as the upstanding citizen he knows me to be, and he says, “Hey, not in my jurisdiction. I’m just here to do my banking”. 

Then 2 more cops from the local department come in, join in the fun of doing their arrest routine and haul me off to jail - where I was harassed for nearly 4 hours before I was allowed to call my attorney.  My attorney was on a retainer, and I'd been asking for him from the moment I realized what was being done to me - and how Real it all was.  (That was my standard answer to their questions: “I want to call my attorney.”)

Then they started to get ugly.  (Well, yes, throwing me down on the ground without ever addressing me at all when I posed no threat, showed no signs of hostility, held no weapons...yes, that was ugly.  But I mean UGLY.)  I’m strip searched, given a rag to put on (in November, in Cleveland) and a pair size of 12 plastic sandals to trip over (no socks of course). After an hour or 2 of this they turn me over to the detectives.  Now these fellows were very forthright.  As they put it,

“You will give us a statement, we will tell you what to write, and If you don't cooperate, you can expect to have your truck "snow-flaked".  Then we’ll let you call your attorney from the lock-up.”

Well, I gave them their statement, added a footnote that some of this was “requested by detectives Rich and Ray”, and told them in writing that the woman at the bank said I threatened to get her with a shotgun. They told me to apologize in the statement, explain my guns, and I don’t remember what else I was basically ordered to say and do, but it was like a living nightmare. My attorney doesn’t seem to have a problem with what I wrote, thank goodness. 

Now comes 72 hours of torturous treatment, for the judge did make me sit until Monday afternoon. Almost 72 hours to the minute.

Now if you’ve never been the object of cops having fun with a felony bust in the local pokey, then you just don’t know what fear tactics and various types and degrees of abuse can do to your soul, but let me tell you, it ain’t pretty. I will be frank with you here (mature audiences only). I lost weight. Therefore, being sedentary for 3 days it is obvious I didn’t get enough food. You are given 24 oz. of liquid. Any other water you wish may be had from the one-piece sink/toilet arrangement that has been defecated and urinated on from top to bottom. The food caused my rectum to bleed for a week after I was let out. You are given a blanket in literal shreds that I nearly choked on when I fell asleep. Not that you get to sleep. You are routinely awakened throughout the night so that by the end of 3 days you better have an attorney speak to the judge for you at the bond hearing, because deliberate sleep deprivation makes your thinking fuzzy. They give you an “instruction manual” that says you are required to bathe, but you are not allowed to bathe, so at the end of your little stay in their can, you stink. This same manual states, “If you cannot read this, please ask one of the officers to read it to you”. No kidding, it really says that. A second blanket was out of the question, November in Cleveland or not. My pets are given better living conditions. If this is what happens to a person merely accused of a passive, non-violent crime is treated, well, in this case I am considered guilty until proven innocent. The burden of proof that I was “reasonable and prudent” is on me. The State doesn’t have to prove anything.  I guess they feel they can put you in a cold damp cell like that since you’re already guilty.

Then came the bond hearing. Charges were for “CCW, inciting panic, impeding a police officer and improper handling of a firearm.” I was not charged with aggravated menacing, resisting arrest or any local prohibition. I was released on cash bond for the “impeding” charge, the CCW charge - on my own recognizance. Violent guy here, right?

When I got home I showered for an hour and watched the filth run off me. I have a slightly better understanding of what women have to say about trying to wash the filth from them after a rape and showering for hours.

Since that time I have taken days of my time in various court appearances. Legal fees have exceed $20,000 and we have yet to go to trial. 2 trials will be held. The CCW is a felony and handled in County court, and the other charges are misdemeanors and will be tried in the local court.  No plea bargains, we are going to have jury trials. No one will even consider dropping any charges. And the lady at the bank didn’t even work there another week.

The only evidence we have seen in the discovery process has been the bank videos. All other “evidence” will be by witness statements. We are told that

“there are no phone recordings from the police of any of the banks calls, nor are there dispatch tapes from the incident. There is also no tape of my booking or interrogation.”

My life is the hands of the juries, the judge and my attorney. I hope you learn from my experience.    GOD BLESS AMERICA !