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Just looking for some info.

phibbsey

New member
Joined
Feb 21, 2012
Messages
4
Location
Struthers
I recently purchased my first pistol and I'am in the process of getting my ccw. When I bought my gun I spoke with the in store gun smith about open carry in my area and he told me that I can go ahead and try but will be stopped almost every time by the local police and they will charge me brandishing, disturbing the peace, and inducing panic. I'm just wondering if it's even worth the hassle to oc. I really dont think it's right for any leo to take the laws into hisown hands. Just looking for some insight. I also heard that if a leo unlawfully arrests you than they would be responsible for attorney fees due to it being a civil tort.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Open carry (OC) of a properly holstered handgun is not brandishing, disturbing the peace, nor inducing panic - those are absurd allegations.

Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle.
http://www.opencarry.org/oh.html
 

RT48

Regular Member
Joined
Nov 6, 2007
Messages
236
Location
Cuyahoga County, Ohio
Don't take legal advice from gun store clerks.

All Ohio gun owners need to know the law, but especially open carriers. There are activities that are legal for those with a concealed handgun license (CHL) that are illegal for those without a license and that includes open carriers without a CHL.

Start by reading the Ohio Attorney General's manual on concealed carry. That is something you are legally required to read anyway since you state you will be getting your CHL.

Here are some resources for learning Ohio's gun laws.

Ohio Attorney General's Manual on Concealed Carry:

http://www.ohioattorneygeneral.gov/ConcealedCarry.aspx/?from=nav

Ken Hanson's book:

http://www.ohiogunlawguide.com/

Sean Culley's book:

http://www.seanculley.com/book.asp

Ohio Revised Code:

http://codes.ohio.gov/orc/2923
 

GhostOfJefferson

Regular Member
Joined
Feb 17, 2012
Messages
137
Location
Lewis Center, OH
I recently purchased my first pistol and I'am in the process of getting my ccw. When I bought my gun I spoke with the in store gun smith about open carry in my area and he told me that I can go ahead and try but will be stopped almost every time by the local police and they will charge me brandishing, disturbing the peace, and inducing panic. I'm just wondering if it's even worth the hassle to oc. I really dont think it's right for any leo to take the laws into hisown hands. Just looking for some insight. I also heard that if a leo unlawfully arrests you than they would be responsible for attorney fees due to it being a civil tort.

Sounds like your smith is older, or is old enough to have lived through the time when what he said was more or less true, and has chosen not to open carry since that time, and further, has not kept up with current events. The legal cites others have provided are fine and correct. I'm in central Ohio (northern Franklin/southern Delaware county, also in Union county a lot) and I open carry all the time, except when concealed carrying under Ohio's bizarre vehicle = concealed carry laws. In other words, if I'm not in the vehicle (or on it, for a motorcycle) I'm open carrying. I have had non-eventful encounters with LEO's and nobody has stuffed and cuffed me yet, in fact, it's been a rather pleasant experience to be greeted almost overwhelmingly with either happy people, or at worst, somebody who is neutral and remains silent.

In short, your smith is living in 1974 and hasn't left it yet. He may want to study up on 21st century Ohio law, which is increasingly similar to 18th century Constitutional carry (and the parts that aren't, we're working on making so). The only places I know where cops are still in the dark ages are Canton (home of now *EX* officer Harless) and Cleveland (who is getting slapped around so hard in court that I think they may be put in time out until they grow up). :)
 

racerboy27

New member
Joined
Feb 22, 2012
Messages
1
Location
Fairborn/columbus oh
Excuse my ignorance and I'm not wanting to start a new thread for a question that has been answered 1000x, but in order to open carry you must have you ccw correct?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Excuse my ignorance and I'm not wanting to start a new thread for a question that has been answered 1000x, but in order to open carry you must have you ccw correct?

Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle.
http://opencarry.org/oh.html
 

phibbsey

New member
Joined
Feb 21, 2012
Messages
4
Location
Struthers
Sounds like your smith is older, or is old enough to have lived through the time when what he said was more or less true, and has chosen not to open carry since that time, and further, has not kept up with current events. The legal cites others have provided are fine and correct. I'm in central Ohio (northern Franklin/southern Delaware county, also in Union county a lot) and I open carry all the time, except when concealed carrying under Ohio's bizarre vehicle = concealed carry laws. In other words, if I'm not in the vehicle (or on it, for a motorcycle) I'm open carrying. I have had non-eventful encounters with LEO's and nobody has stuffed and cuffed me yet, in fact, it's been a rather pleasant experience to be greeted almost overwhelmingly with either happy people, or at worst, somebody who is neutral and remains silent.

In short, your smith is living in 1974 and hasn't left it yet. He may want to study up on 21st century Ohio law, which is increasingly similar to 18th century Constitutional carry (and the parts that aren't, we're working on making so). The only places I know where cops are still in the dark ages are Canton (home of now *EX* officer Harless) and Cleveland (who is getting slapped around so hard in court that I think they may be put in time out until they grow up). :)

Seems to be more than just the local smith. I've talked to a local leo friend of mine and he said that alot of the older police officers will stop and harass you for the hell of it until they make it a nuisance to oc. I would really like to have a local oc walk or be a part of a group before I actually attempt on my own. Is there any upcoming oc events in the youngstown area? I would really like to attend!
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
I recently purchased my first pistol and I'am in the process of getting my ccw. When I bought my gun I spoke with the in store gun smith about open carry in my area and he told me that I can go ahead and try but will be stopped almost every time by the local police and they will charge me brandishing, disturbing the peace, and inducing panic.

Your gun dealer in incorrect and he really shouldn't be putting out bad information as "fact".

Brandishing, disturbing the peace and "inducing panic" are all buzz phrases of the uninformed and afraid. You can't "brandish" a weapon until it's actually in your hand and you're not about to do that anytime soon I would think. You can't be "disturbing the peace" as you're going about your life in a legal manner.

And finally you can't be "inducing panic" while performing a legal act. If you're on a street corner and waving your weapon around, THEN you've got a good case of all three of the above mentioned problems!!!

Personally I think texting while driving is "inducing panic" more than anyone openly carrying a legal firearm!!

As you read up on CCW and Open Carry, YOU will then become the more informed of the two and YOU will be able to make an informed decision on open carry.

I do it all the time as my local statutes are in black and white and on the few times when I have been stopped (open carry on a motorcycle does cause a few LEO's to look twice) on all occasions I've been sent on my way with a friendly "have a nice day" and still open carrying.

Know the law. Read these forums and the other Ohio based open carry and CCW forums and READ your statutes.

You will find (as I did) that I much prefer open carry to concealed carry as I never liked carrying a gun in my pants and open carry is just so much easier FOR ME and more comfortable all around.

AD (never stop reading and learning)
 
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GhostOfJefferson

Regular Member
Joined
Feb 17, 2012
Messages
137
Location
Lewis Center, OH
Excuse my ignorance and I'm not wanting to start a new thread for a question that has been answered 1000x, but in order to open carry you must have you ccw correct?

In non-legalese, no, you need no "license" or permissions or any kind of paper work for simple open carry, it's a constitutional right in Ohio and is regarded as such even in the CCW book the AG has put out the last couple of years. The exception to this HOWEVER, is if you open carry in/on a vehicle, as Ohio considers this "concealed carry" by law, even if you have the firearm dangling on a string on the rear view mirror for the world to see and even if you're wearing it in a clearly visible holster on a motorcycle (concealed? Really? Yep, Ohio law says so).
 

Jcrich

New member
Joined
Feb 11, 2012
Messages
6
Location
Ohio
I am also new to open carry. Can someone answer this question? Are there other exceptions around open carry like the ones that apply to concealed carry such as OC in an alcohol serving restaurant such as Applebee's? Thanks.
 

GhostOfJefferson

Regular Member
Joined
Feb 17, 2012
Messages
137
Location
Lewis Center, OH
I am also new to open carry. Can someone answer this question? Are there other exceptions around open carry like the ones that apply to concealed carry such as OC in an alcohol serving restaurant such as Applebee's? Thanks.

Yes. Any law or exception that specifices "for a CHL holder" are not for open carriers. Ergo, you cannot enter a restaurant that serves alcohol, with an openly carried firearm, unless you have a CHL. And of course, the vehicle restriction I mentioned earlier in the thread. Also keep in mind that you cannot open carry within 1000 feet of a school without a CHL.
 

Jcrich

New member
Joined
Feb 11, 2012
Messages
6
Location
Ohio
Thanks. But to be clear, does this enable CHL carriers a different set of OPEN carry rights than everyone else? Or do do the CHL carriers have to keep their guns concealed in these special circumstances? I.e., I have a CHL, so can I OPEN carry in an alcohol serving establishment, or does it have to be concealed? Where would I specifically find the reference to this in ORC?

Thanks many!
 

RT48

Regular Member
Joined
Nov 6, 2007
Messages
236
Location
Cuyahoga County, Ohio
No where in the law does it say that those with a CHL must keep their guns concealed. The license simply gives licensees the option to do so (legally) if desired.
 

Jcrich

New member
Joined
Feb 11, 2012
Messages
6
Location
Ohio
RT - thanks. this is how I redacted the ORC too, as I couldn't find anything stating that a CHL Had to keep the gun concealed even in the "Applebee's" exception (or in my case, the "Chipotle" exception). I wonder if this was intended when the law was written / approved or if our lawmakers were too busy spending our money to realize this? Either way, this is good for us. And we need to make sure a "fix" isn't slipped into the ORC when it's touched for other reasons, such as changes to the notify components of the law.

By the way, I find this forum incredibly helpful. In fact, it is the only forum I have ever bothered to join. Thanks to all!
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
Bc.cruiser, I am referring only o the Ohio Revised Code (ORC).

Thanks. I found the ORC that applies. I figured I was still screwed as far as travelling through until I also read 2923.126(D). Now I'm okay; we don't have the same language here (specifically there is no state mandated SAFETY ZONE), but for the purpose of the GFSZ, NC recognizes all concealed carry permits.
 

RT48

Regular Member
Joined
Nov 6, 2007
Messages
236
Location
Cuyahoga County, Ohio
Thanks. I found the ORC that applies. I figured I was still screwed as far as travelling through until I also read 2923.126(D). Now I'm okay; we don't have the same language here (specifically there is no state mandated SAFETY ZONE), but for the purpose of the GFSZ, NC recognizes all concealed carry permits.

The Ohio defined school safety zone stops at the property line as opposed to the Federal definition that adds the extra 1000 ft.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
GhostOfJefferson said:
Also keep in mind that you cannot open carry within 1000 feet of a school without a CHL.

Please excuse the out of state question here: Is this Ohio law, or are you citing the federal law (922)?

I sure don't know of any federal or state law saying you can't carry, open or otherwise, within 1,000' of a school.

If there is what is the chapter and verse?????
 
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