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Thread: First time to OC and need to ask a (probabaly stupid) question re: city parks

  1. #1
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    First time to OC and need to ask a (probabaly stupid) question re: city parks

    Hey everyone! I am new to handguns, very experienced with long guns, and have absolutely no experience in OC. I have been reading this forum, learning much, so thank you to all!

    I joined today, and posted a recent telephone conversation made to Lebanon PD regarding OC. The officer acknowledged OC was legal, but any LEO I encountered may or may not have a problem with it.

    I live near a city park that has wildlife (I have seen deer - always a doe or a fawn) and I have been warned of coyotes. In this particular park, owners frequently let their larger dogs off leash (especially two boxers and what appears to be a Jindo). Since I walk two Yorkshire Terriers, these larger dogs love to approach me...not always in a friendly fashion.

    Because of the wildlife and the larger dogs, I want to OC while in the park for protection. I already carry pepper spray for jerk encounters.

    The potential problem is there is a playground (slides, monkey bars, etc.) at one end of the park. Would it be legal and proper to OC even though the park is frequented by children? Some of these kids are quite young, but I must pass relatively close to the play area to access the trails, if I want a nature walk, and if I am just making a circuit of the park perimeter, I HAVE to pass the play area or return the way I came.

    Does the presence of children impact the permissability of OC?

  2. #2
    Regular Member Garystarcher's Avatar
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    As long as its not in a school zone you will be fine just a few looks. Also if your dog is being attacked by another dog I do believe it is illegal to shoot the dog unless it is attacking you.

  3. #3
    Accomplished Advocate color of law's Avatar
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    Article I section 4 of the Ohio Constitution states:
    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.
    Nope, I don't see any mention of children. Your good to go......

  4. #4
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Garystarcher View Post
    As long as its not in a school zone you will be fine just a few looks. Also if your dog is being attacked by another dog I do believe it is illegal to shoot the dog unless it is attacking you.
    955.28 Dog may be killed for certain acts - owner liable for damages.

    (A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury. If, in attempting to kill such a dog, a person wounds it, the person is not liable to prosecution under the penal laws that punish cruelty to animals. Nothing in this section precludes a law enforcement officer from killing a dog that attacks a police dog as defined in section 2921.321 of the Revised Code.

  5. #5
    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by jackson View Post
    ...Would it be legal and proper to OC even though the park is frequented by children?...
    Legally, morally and even ethically proper. Around children, old people, animals, and with or without green eggs and ham.

    Open carry is legal everywhere except where the law says it is not.
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  6. #6
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by color of law View Post
    ...Your good to go...
    It's "you're".
    Last edited by BB62; 04-09-2012 at 09:51 AM.

  7. #7
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    Quote Originally Posted by color of law View Post
    955.28 Dog may be killed for certain acts - owner liable for damages.

    (A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury. If, in attempting to kill such a dog, a person wounds it, the person is not liable to prosecution under the penal laws that punish cruelty to animals. Nothing in this section precludes a law enforcement officer from killing a dog that attacks a police dog as defined in section 2921.321 of the Revised Code.
    So, if the offending dog is attacking my pet bunny rabbit or hamster, I can shoot it, but not if it is attacking my own dog or cat?

    Like the rest of the ORC, that's rather ridiculous.

  8. #8
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by bhclark View Post
    So, if the offending dog is attacking my pet bunny rabbit or hamster, I can shoot it, but not if it is attacking my own dog or cat?

    Like the rest of the ORC, that's rather ridiculous.
    Dogs may be excluded because they are property - you buy a license for them. Cats are not property and certainly not livestock. Defending personal proerty with deadly force seems to be generally frowned upon, except in the nighttime in Texas.

    "The devil is in the details."

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  9. #9
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Garystarcher View Post
    As long as its not in a school zone you will be fine just a few looks. Also if your dog is being attacked by another dog I do believe it is illegal to shoot the dog unless it is attacking you.
    A quick read of Lopez does not support the law. Reenacting an unconstitutional law does not make it constitutional. Read my post below.

    http://forum.opencarry.org/forums/sh...ing-oc-in-Ohio

  10. #10
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by bhclark View Post
    So, if the offending dog is attacking my pet bunny rabbit or hamster, I can shoot it, but not if it is attacking my own dog or cat?

    Like the rest of the ORC, that's rather ridiculous.
    I have an attack bunny rabbit; his name is Thumper......

  11. #11
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    Quote Originally Posted by MyWifeSaidYes View Post
    ... without green eggs and ham.

    Thanks everyone! Dr. Seuss, too (and I used to think my green eggs were just moldy...)

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