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Thread: Just to confirm Open Carry is Legal

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    Just to confirm Open Carry is Legal

    I have been searching all over the place to see if Open Carry is legal. Some places say no, some places say yes. What the hell is the right answer?

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    In public yes except government buildings/schools and private property that is posted that you can't. in a car no, you need your CHL. If you can legally own a gun you're legally allowed to OC
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    Moderator / Administrator Grapeshot's Avatar
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    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

    http://www.opencarry.org/maps.html
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    Quote Originally Posted by Grapeshot View Post
    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.
    A concealed handgun license is also required for open carry in D-permit (liquor by the glass) liquor premises.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by djproductions View Post
    I have been searching all over the place to see if Open Carry is legal. Some places say no, some places say yes. What the hell is the right answer?
    For your own legal and physical safety, you need to do an ENORMOUS amount of studying before you should even think about open carrying.

    Coming to OCDO and asking a question, the answer to which is relatively easily found on here, is not impressive.

    Regardless, here's a little something to get you started: http://codes.ohio.gov/orc/gp9.68

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    Quote Originally Posted by djproductions View Post
    Some places say no...
    I would love to know which places say "no".

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    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by RT48 View Post
    I would love to know which places say "no".
    Me, too.

    Is djproductions a one post wonder?
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    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

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    Quote Originally Posted by ZeroC View Post
    In public yes except government buildings . . . that [are] posted that you can't.
    Actually Ohio does not ban open carry in all government buildings; specifically local govenment can post ponly against CONCEALED carry, so in essence open carry is required there.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Mike View Post
    Actually Ohio does not ban open carry in all government buildings; specifically local govenment can post ponly against CONCEALED carry, so in essence open carry is required there.
    True, but since we haven't eliminated potential charges of inducing panic or disorderly conduct from the list of possible charges, to be a test case for OC in such circumstances is best left to those with lots of time and money.

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    Regular Member MyWifeSaidYes's Avatar
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    I like the way Mike put it... open carry is required in government buildings.


    You got no gun, you can't come in!!!
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    Quote Originally Posted by BB62 View Post
    True, but since we haven't eliminated potential charges of inducing panic or disorderly conduct from the list of possible charges.
    And you never will.

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    Regular Member MyWifeSaidYes's Avatar
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    I'm not worried about Disorderly Conduct or Inducing Panic charges. I am also not concerned with Obstructing Official Business charges.

    So, what's left?

    What can they charge me with that will stick?

    I am trying to analyze a "theoretical" situation and can find no criminal activity.

    The situation is:

    A citizen of Ohio, 21 or older and legally allowed to posess a handgun, openly carries that handgun in a holster on their hip.
    The citizen decides to eat lunch on the Oval at Ohio State University while wearing that handgun.
    They are not a student or employee of the university.

    Did they do anything ILLEGAL?
    Last edited by MyWifeSaidYes; 09-18-2012 at 03:59 PM.
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    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post

    Did they do anything wrong?[/I]
    That is a question requesting an opinionated answer. I assume what you meant was, did they do anything illegal? Do you wanna rephrase the question?
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    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by Motofixxer View Post
    That is a question requesting an opinionated answer. I assume what you meant was, did they do anything illegal? Do you wanna rephrase the question?
    Ha! Yeah, I'd better fix that. Thanks!
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    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Mike View Post
    And you never will.
    As I said, Mike, being a test case for OC in such circumstances is best left to those with lots of time and money.

    If you or MWSY wants to volunteer, I will attend the trial.

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    Quote Originally Posted by BB62 View Post
    As I said, Mike, being a test case for OC in such circumstances is best left to those with lots of time and money.
    What is "such circumstances"?

    Walking into city hall while open carrying is the same fact pattern as walking into a mall or shoping center. There is always the risk of police harassment, and the answer is rarely is a defense to prosecution - rather, there is no prosecution but htere is a civil lawsuit agaist the offending officers and locality with attorney fee shifting under 42 USC 1983.

    And yes, some years ago I open carried in Ohio, full view of familes in a McDonalds, and in a bathroom there, and walking across a large parking lot, etc. No problem, nobody cared, neither did I.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Mike View Post
    What is "such circumstances"?

    Walking into city hall while open carrying is the same fact pattern as walking into a mall or shoping center. There is always the risk of police harassment, and the answer is rarely is a defense to prosecution - rather, there is no prosecution but htere is a civil lawsuit agaist the offending officers and locality with attorney fee shifting under 42 USC 1983.

    And yes, some years ago I open carried in Ohio, full view of familes in a McDonalds, and in a bathroom there, and walking across a large parking lot, etc. No problem, nobody cared, neither did I.
    "Such circumstances" is where the police would feel compelled to charge one, because "the signs say NO GUNS!!" So, no, not the same fact pattern.

    As you well know, the chances for a successful 1983 suit are unbelievably low. Now, if you want to take both of my cases on contingency, we can talk about me being the test case.

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    Quote Originally Posted by BB62 View Post
    "Such circumstances" is where the police would feel compelled to charge one, because "the signs say NO GUNS!!" So, no, not the same fact pattern.

    As you well know, the chances for a successful 1983 suit are unbelievably low. Now, if you want to take both of my cases on contingency, we can talk about me being the test case.
    Yup, I agree and that's from working at one. I would say most would charge because the sign is there.

    Now, let's say one wins in court. There's no guarantee you'll get anything else out of it because in the civil suit a judge may say while you are right, you were wrong for doing it. I've seen too many cases where criminal charges were dropped but civil cases went nowhere.

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    Quote Originally Posted by BB62 View Post
    "Such circumstances" is where the police would feel compelled to charge one, because "the signs say NO GUNS!!" So, no, not the same fact pattern.

    As you well know, the chances for a successful 1983 suit are unbelievably low. Now, if you want to take both of my cases on contingency, we can talk about me being the test case.
    Um, state signs, if lawful, say no concealed guns. Otherwise the signs are unlawful.
    Last edited by Mike; 09-18-2012 at 10:12 PM.

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    Regular Member MyWifeSaidYes's Avatar
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    If city hall has a courtroom (Mayor's Court) I believe it's off-limits, open or concealed.
    Last edited by MyWifeSaidYes; 09-18-2012 at 10:29 PM.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    Quote Originally Posted by Mike View Post
    Um, state signs, if lawful, say no concealed guns. Otherwise the signs are unlawful.
    Actually, nope...

    2923.1212 Signage prohibiting concealed handguns.

    (A) The following persons, boards, and entities, or designees, shall post in the following locations a sign that contains a statement in substantially the following form: “Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person’s control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.” :

    Where does it say concealed in there? So adding concealed (which would follow the law) would then make the state entity posting that sign not properly following that section of the ORC. State entities can only do what the ORC tells them to do. The ORC says to post no weapons (open or concealed) however has no punishment section for the concealed.
    Last edited by JediSkipdogg; 09-18-2012 at 10:22 PM.

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    Quote Originally Posted by MyWifeSaidYes View Post
    If city hall has a courtroom (Mayor's Court) I believe it's off-limits, open or concealed.
    Correct...

    2923.123 Illegal conveyance of deadly weapon or dangerous ordnance into courthouse - illegal possession or control in courthouse.

    (A) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located.

    (B) No person shall knowingly possess or have under the person’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by JediSkipdogg View Post
    Actually, nope...

    2923.1212 Signage prohibiting concealed handguns.

    (A) The following persons, boards, and entities, or designees, shall post in the following locations a sign that contains a statement in substantially the following form: “Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person’s control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.” :

    Where does it say concealed in there? So adding concealed (which would follow the law) would then make the state entity posting that sign not properly following that section of the ORC. State entities can only do what the ORC tells them to do. The ORC says to post no weapons (open or concealed) however has no punishment section for the concealed.
    You mean for the "open"?

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    Quote Originally Posted by BB62 View Post
    You mean for the "open"?
    Yeah, my bad. No punishment section for Open carry in any of those listed places (besides courthouses and schools which have their own section to prohibit.)

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    Quote Originally Posted by JediSkipdogg View Post
    ...No punishment section for Open carry in any of those listed places (besides courthouses and schools which have their own section to prohibit.)
    And no prohibition of open carry in the code, unless you count the stipulated sign wording. (I know you know that, but new readers may not)

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