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Thread: question on open carry

  1. #1
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    Question question on open carry

    i live in massillon which is located in stark county in ohio and i was told that i was not aloud to open carry in my city due to City Ordinance can city ordinance override my 2nd amendment

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    Short answer is no, they cannot prohibit you from open carrying. Also, at this time state law can override the 2nd Amendment on certain aspects of it since the Supreme Court has said there reasonable restrictions on it. However, in Ohio, no city may pass a firearm law that does not mimic the ORC word for word.

    Since I'm replying on the road (literally...as a passenger) I'll let someone else post the open carry packet info which has some good info for you and law enforcement.

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    No cities can make their own gun laws.

    16. City of Cleveland v State of Ohio
    III. Conclusion
    {¶ 35} R.C. 9.68 addresses the General Assembly’s concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.
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    Quote Originally Posted by ZeroC View Post
    No cities can make their own gun laws.

    16. City of Cleveland v State of Ohio
    III. Conclusion
    {¶ 35} R.C. 9.68 addresses the General Assembly’s concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.
    You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

    RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.

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    Quote Originally Posted by ngardiner09 View Post
    i live in massillon which is located in stark county in ohio and i was told that i was not aloud to open carry in my city due to City Ordinance can city ordinance override my 2nd amendment
    Who told you that? That is very important. It tells us if someone is just spouting erroneous law, or if there's a governmental problem that needs to be fixed.

  6. #6
    Accomplished Advocate color of law's Avatar
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    I guess some people are downright lazy.

    http://www.conwaygreene.com/Massillo...main-h.htm&2.0

    549.12 CARRYING WEAPONS.

    (a) No person shall carry on or about his person a pistol, a knife having a blade two and one-half inches in length or longer, knuckles, a billy or other dangerous weapon. However, upon the trial of this charge, the defendant shall be acquitted if it appears that he was at the time engaged in a lawful business, calling, employment or occupation, and that the circumstances in which he was placed justified a prudent man in possessing such a weapon for the defense of his person or family.

    (b) Whoever violates this section is guilty of a misdemeanor of the third degree.

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    Quote Originally Posted by color of law View Post
    I guess some people are downright lazy.

    http://www.conwaygreene.com/Massillo...main-h.htm&2.0
    I assume you know that your own fair city has many such ordinances which are not being enforced. Have you gotten them off the books? Have you appeared before city council to complain? No?

    That's why I want to know from whom he heard it. It's a lot easier to get things done if someone is trying to enforce invalidated ordinances.

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    Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

    Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.

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    Quote Originally Posted by Brian D. View Post
    Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.
    Good point. I guess I need to get used to asking stuff like that. I'm accustomed to discussing stuff with people who have CHLs, where issues of age and criminal history are moot.

  10. #10
    Regular Member MyWifeSaidYes's Avatar
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    Werz-

    1) Yep, this is OPENCARRY.org and there are a few extra things that must be considered when dealing with questions from new forum members. Age and CHL status are two, but folks from other states often stumble in here. Check their location before giving them any definite answers.

    2) Please do not assume to know to what level "color of law" (CoL) has fought to eradicate the illegal laws still on the books in Cincinnati.

    There has been an enormous amount of effort expended by many but, without a budget, it hasn't gotten far. The work is still being done.

    I seem to recall an obscure case called "Cleveland v. State" that validated ORC 9.68, but that particular city ALSO still has their illegal, I mean, displaced laws on the books.

    Had Cleveland repealed their "bad" laws, it would be an easier fight to get Cincy to repeal theirs, IMHO.

    In other threads, you may have disagreements with the opinions of CoL, and that is just fine. You guys live in different parts of the state, with differents courts and judges. Yes, the system is SUPPOSED to be the same all over, but you BOTH know it's different from courtroom to courtroom. I would hope the members of this forum are both educated AND entertained by the differing viewpoints. Keep it up!

    And I REALLY DO look forward to the day I can buy lunch for CoL and Werz. I know a nice little steakhouse on the west side of Columbus. You two pick a day and time. Serious offer.
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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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    Quote Originally Posted by Werz View Post
    You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

    RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
    Sorry it was a poor choice of words.
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    Quote Originally Posted by ZeroC View Post
    Originally Posted by Werz
    You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

    RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
    Sorry it was a poor choice of words.
    That's OK. I just didn't want folks thinking that municipal ordinances were invalidated to the extent that they could start picking off squirrels within the city.

    Believe me, if I could, I would.

  13. #13
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    Since you are in NE Ohio, Check Out Our Site!

    For all the info and laws regarding OC in Ohio go to neoopencarry.org. I would also love to have you come to an event and open carry with us. Let me know.
    Last edited by NEOOpenCarry; 10-23-2012 at 09:19 PM.

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    reply to open carry in massillon ohio

    Quote Originally Posted by Brian D. View Post
    Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

    Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.


    im sorry it took so long for a reply but to answer your questions i am 22 years of age my local police department is who told me i was not able to open carry due to city ordinance which is massillon city ordinances 549.12 a

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    Quote Originally Posted by Brian D. View Post
    Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

    Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.



    im sorry it took so long for a reply but to answer your questions i am 22 years of age my local police department is who told me i was not able to open carry due to city ordinance which is ( massillon city ordinances 549.12 a ) i also have a clean record and able to purchase and own a firearm

  16. #16
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    City ordinances cannot restrict carry in any way. Ohio has preemption. The ordinance is illegal. However, the idiots in your city will likely try to enforce it, to your detriment, until they are slapped down by a court.

  17. #17
    Regular Member MyWifeSaidYes's Avatar
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    If I had known the OP was still active, I would have stopped in to Massillon city hall yesterday on my way to Youngstown.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  18. #18
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    Quote Originally Posted by MyWifeSaidYes View Post
    If I had known the OP was still active, I would have stopped in to Massillon city hall yesterday on my way to Youngstown.
    thanks guys for the fast reply and information i really appreciate it i just needed a bit more information before i would OC and end up with multiple charges i actually found a group on facebook called Northeast Ohio ( NEO ) they are activist and actually called the mayor of Massillon and wanted to ask questions about this matter since im not the first to complain and she said she would contact them back this way she would not give them the wrong information so she says and noone has heard anything back. This group is actually planning on meeting here in Massillon for a OC walk which they have done in the Akron area and Kent and they also said they wanted to come here to Massillon as well. i do understand the laws about not being able to OC in a car without CCW permit and what not i was just wondering if they were able to have an ordinance override and make it unable for me to OC like they claim and once again THANK'S to everyone that has replied to this post and i also wanted to say again that im sorry it took so long to reply

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    Re: question on open carry

    I would like to recommend you to join us at Ohio Open Carry on Facebook or Www.OhioOc.org as well.

    Sent from my ADR6400L using Tapatalk 2

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