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Just to confirm Open Carry is Legal

J

JediSkipdogg

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Joined
Sep 10, 2012
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139
Location
Batavia
Mike said:
Um, state signs, if lawful, say no concealed guns. Otherwise the signs are unlawful.
Click to expand...

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.
 
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J

JediSkipdogg

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Messages
139
Location
Batavia
MyWifeSaidYes said:
If city hall has a courtroom (Mayor's Court) I believe it's off-limits, open or concealed.
Click to expand...

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.
 
BB62

BB62

Accomplished Advocate
Joined
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Messages
4,069
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JediSkipdogg said:
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.
Click to expand...
You mean for the "open"?
 
BB62

BB62

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JediSkipdogg said:
...No punishment section for Open carry in any of those listed places (besides courthouses and schools which have their own section to prohibit.)
Click to expand...
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)
 
W

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
BB62 said:
Quote Originally Posted by JediSkipdogg
...No punishment section for Open carry in any of those listed places (besides courthouses and schools which have their own section to prohibit.)
Click to expand...
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)
Click to expand...
This issue worries me, though. It could be the proverbial "third rail." There will always be a lot of hoplophobia and fear of armed citizens amongst government officials from both parties. I'm not sure that a majority will favor firearms in public buildings, particularly when disgruntled citizens tend to come in yelling and making angry complaints rather frequently. That is not something limited to the courts, where there's already security personnel, anyway.

My concern is that, if this issue comes to a boiling point, the General Assembly will clarify the law, and it won't be in our favor.
 
J

JmE

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, ,
Werz said:
This issue worries me, though. It could be the proverbial "third rail." There will always be a lot of hoplophobia and fear of armed citizens amongst government officials from both parties. I'm not sure that a majority will favor firearms in public buildings, particularly when disgruntled citizens tend to come in yelling and making angry complaints rather frequently. That is not something limited to the courts, where there's already security personnel, anyway.

My concern is that, if this issue comes to a boiling point, the General Assembly will clarify the law, and it won't be in our favor.
Click to expand...
We share the same concerns. :(
 
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J

JmE

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JediSkipdogg said:
If I won there would be very few gun laws left. I'd either buy all the politicians or have lots of fun continually being arrested. :eek:
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That's activism gold right there, I tell ya! <big grin>

Trying not to be the pessimist but sometimes it feels like the odds of the lottery might be better than eradicating some of the most stubborn of gun laws. Then I figure, what else is there to do? If we don't fight it, things will only get worse. So, we keep swinging!
 
MKEgal

MKEgal

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in front of my computer, WI
djproductions said:
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?
Click to expand...
The way our laws work,
if there's no law prohibiting something, that something is legal.
Have you found an ORC that says open carry is illegal?

BB62 said:
As you well know, the chances for a successful 1983 suit are unbelievably low.
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Well, then I've beaten the odds a few times now.
Either I'm incredibly (un?)lucky, in that the police really have committed crimes against me & they can be proved,
or I'm incredibly lucky, in that I have an amazingly good lawyer.
Or both. :rolleyes:
 
BB62

BB62

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Werz said:
...My concern is that, if this issue comes to a boiling point, the General Assembly will clarify the law, and it won't be in our favor.
Click to expand...
I agree, and that's why I'm not eager to test the issue, even though some continually point out loudly "IT'S LEGAL!!"
 
BB62

BB62

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MKEgal said:
...Well, then I've beaten the odds a few times now.
Either I'm incredibly (un?)lucky, in that the police really have committed crimes against me & they can be proved,
or I'm incredibly lucky, in that I have an amazingly good lawyer.
Or both. :rolleyes:
Click to expand...
Do tell!
 
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