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Thread: OC loaded on private property

  1. #1
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    OC loaded on private property

    I'm posting this as a scenario. It may sound really stupid, but I want to ask it anyway:

    I live out in the country side in SW Ohio. I, and all my neighbors, had to have a minimum five acres to build. This is my private property (not including the mortgage. ) I have very few people come to visit. Essentially if you come in my driveway without me knowing ahead of time, you are "suspicious". Especially at night.

    So if I'm sitting around on a Saturday night, and have had a few beers (not sh**faced), and someone pulls into my driveway. I grab and greet them outside with a holstered firearm or a tactical shotgun. Do they have a cause of action? Even a deputy?

    What about Castle doctrine with a few?

    I'm just wondering.

  2. #2
    Regular Member jdholmes's Avatar
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    Why would there be a cause of action for legally open carrying? Who cares if it's on private property or not.

  3. #3
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    I know alcohol and firearms don't mix. But at the same time I don't want to be unarmed with a stranger/unknown on my property.

  4. #4
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    Not at all sure what your local/State laws are regarding this- should probably check in the Ohio section to clarify.
    But, otherwise, why not? It's the same situation for me out where I live. And EVERYONE who arrives ALWAYS sees a Condition One .45 auto, holstered at all times when I am seen. LEO or otherwise.

    As for loaded...let's get the obvious out of the way.. how much good is an UNLOADED firearm going to do you, at the moment of truth?

  5. #5
    Regular Member MyWifeSaidYes's Avatar
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    In Ohio, if you greet a LEO on your property, here is what you should remember:

    Concealed carry is allowed inside your home without a CHL. Don't walk outside, even on your porch.

    Once outside, if you are OC a handgun in a holster, no problem. If you are carrying a shotgun or rifle slung on your shoulder, no problem but the LEO probably won't like it.

    With a CHL:
    Concealed carry around LEO is fine, but you must notify them if they are contacting you for a LE purpose. Also, don't be drinking.

    With or without a CHL:
    If you have a handgun, shotgun, rifle (or knife, or club, etc.) in your hand when you walk toward a LEO, you may get shot for brandishing a weapon.

    If it isn't a LEO, do what you feel the situation calls for. There's no 'cause of action' if they are trespassing. If they are NOT on your property, do not threaten or harass them.
    Last edited by MyWifeSaidYes; 04-21-2012 at 05:53 PM.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  6. #6
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    Wink

    Thanks all -- that pretty much answered my question.

  7. #7
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    In Ohio, if you greet a LEO on your property, here is what you should remember:

    Concealed carry is allowed inside your home without a CHL. Don't walk outside, even on your porch. Porch? Really? What if the front(back) porch is screened in?

    Once outside, if you are OC a handgun in a holster, no problem. If you are carrying a shotgun or rifle slung on your shoulder, no problem but the LEO probably won't like it. And why do we care if the LEO is not going to like it? I do get the point that he may be going after you, or the home owner, or a guest of the home owner, or the kid of a home owner, or the pet of the home owner.

    With a CHL:
    Concealed carry around LEO is fine, but you must notify them if they are contacting you for a LE purpose. Also, don't be drinking. No drinking on your property? And how exactly do you know it is for law enforcement purposes before you actually talk to the LEO?

    With or without a CHL:
    If you have a handgun, shotgun, rifle (or knife, or club, etc.) in your hand when you walk toward a LEO, you may get shot for brandishing a weapon. How about a shovel, a garden rake, a pick-ax, a 'whatever'?

    If it isn't a LEO, do what you feel the situation calls for. There's no 'cause of action' if they are trespassing. If they are NOT on your property, do not threaten or harass them.
    They may not be trespassing until told to leave. So, can the 'visitor' call a cop on the home owner because he has a pistol or shotgun visible? What about the shovel, or whatever 'weapon'?

    Statutes please. Or get me close to them and I'll go the rest of the way.

    Essentially, it seems that in Ohio, a 'weapon' in you hand, on your property, is brandishing, when outside of the walls of your home.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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