Results 1 to 4 of 4

Thread: new to the site

  1. #1
    Regular Member
    Join Date
    Apr 2012
    Location
    ohio
    Posts
    2

    new to the site

    hello, my name is Brian and I'm 27. I am slightly new to all this and have yet to open carry. i want to know if i can open carry around my house an if its legal?? For me I want to be a little more proficient with my weapon and understand the law better. I am also planning on getting my CC but I don't know when as of yet. If anyone could help that would be great, is it legal in ohio to open carry in and around my house on my own property without a ccw or any kind of permit or license???

  2. #2
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,737
    Open carry is a right. There are five places you cannot open carry.
    A police station that has a holding cell/jail.
    A jail.
    A place that serves liquor/beer.
    A school.
    A state run mental hospital.

    I don't see your house or your yard in the list.

    You can open carry in your car with a CC license.

    You can actually open carry in state run government buildings, not federal buildings.

    Some will tell you that federal law - 18 USC 922(q) disallows open carry in school zones. And the statute does say that.

    But, since Congress amended 18 USC 922(q) there has been two courts that I know of that has upheld Congresses changes See United States v. Dorsey, 418 F.3d 1038 (9th Cir. 2005); United States v. Danks, 221 F.3d 1037 (8th Cir. 1999). Both are contrary to Lopez.

    Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264 (1981), United States v. Lopez, 514 U. S. 549 (1995) and Gonzales v. Raich, 545 U.S. 1 (2005) all made it clear that under the Commerce Clause Congress is required to show a tangible link to commerce, not a mere conceivable rational relation. “[S]imply because Congress may conclude that a particular activity substantially affects interstate commerce does not necessarily make it so.” See Lopez, supra, at 557, n. 2 (quoting Hodel, supra, at 311 (Rehnquist, J., concurring in judgment).

    The Lopez Court made it clear that the Commerce Clause would not carry the day when it comes to carrying a gun in a school zone.

    The possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, substantially affect any sort of interstate commerce. Respondent was a local student at a local school; there is no indication that he had recently moved in interstate commerce, and there is no requirement that his possession of the firearm have any concrete tie to interstate commerce.

    To uphold the Government's contentions here, we would have to pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States. Admittedly, some of our prior cases have taken long steps down that road, giving great deference to congressional action. See supra, at 556-558. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated, cf. Gibbons v. Ogden, supra, at 195, and that there never will be a distinction between what is truly national and what is truly local, cf. Jones & Laughlin Steel, supra, at 30. This we are unwilling to do.
    I suggest you read Lopez yourself.

  3. #3
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,737
    The only rights you have are the ones you are willing to fight for. You also need to know the law.

  4. #4
    Regular Member
    Join Date
    Jul 2009
    Location
    Ohio, USA
    Posts
    1,558
    I keep this saved because I am just to lazy to remember it all.. lol


    Welcome to the forums, honestly take the time and understand the laws for our state as best as you can before going out. If you have questions this is the best place to find the answers. If members here don't know they will either help you find them or point you in a good direction. It is quiet near racking your first couple times doing it, but start out small such as walking around your neighborhood (IE taking the dogs for a walk) and then start going to stores or places that guns are welcome in beyond a doubt. Also invest in a good voice recorder so if you’re ever stopped by a store employee or a police officer you have your butt protected from the he said she said. Also some recorders have password protections from “accidental deletion”, some officers are not the most honest individuals when they stop a person who is open carrying. If a store manager asks for you to leave, walk out quietly and respectfully. Yet get the persons info so when you send an email to that company you can give them a record of the events for your complaint and hopefully the manager is schooled on the stores policy so it will never happen to someone else or yourself again. If you chose to have a respectful conversation with a police or a store employee makes sure you can cite the law word for word as best as possible. Also call your local PD and see if they are aware that Open carry is legal and do they have a memo or written policy available that you can get a copy of. Some PD’s with be helpful and others won’t even make an effort to help you on this matter, also have a lawyer not necessary being paid for, but have one you know that specializes in gun rights on hand just in case the police abuse their authority and cross the line. It happens more than they like to admit. Again welcome to the forum
    -I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you screw with me, I'll kill you all.
    -Be polite, be professional, but have a plan to kill everybody you meet.
    Marine General James Mattis,

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •