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Thread: open carry glocks?

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    open carry glocks?

    New to open-carry, I have a glock 26. I was out with my friend yesterday who has his CCW's and carries a glock 19. He informed me that if I was open-carrying a glock a bullet can not be chambered because in the state of Ohio you have to be two actions away from pulling the trigger. Is this true?? Can someone help me with this??

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by pplkillnotguns View Post
    New to open-carry, I have a glock 26. I was out with my friend yesterday who has his CCW's and carries a glock 19. He informed me that if I was open-carrying a glock a bullet can not be chambered because in the state of Ohio you have to be two actions away from pulling the trigger. Is this true?? Can someone help me with this??
    If your friend is correct, then he should have no problem finding a citation to the law in the Ohio Revised Code. If he wants to make that claim, then he should be the one to back it up.
    Last edited by Fallschirmjäger; 02-03-2013 at 11:01 AM.

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    Regular Member Sorcice's Avatar
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    open carry glocks?

    This ^

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    Quote Originally Posted by pplkillnotguns View Post
    Is this true??
    No. I'd love to know where he got this nugget of misinformation.

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    open carry glocks?

    Probably from a LEO. They learn a mythology about the law on the job, repeat it, and act on it. I work with a retired LEO who constantly repeats some of this mythology.

    I have repeatedly had to tell his customers that OC is legal in OH. It is not illegal in cities and towns. Cities and towns cannot prohibit OC. No, carriers cannot (lawfully) be charged with DC for the mere act of OC, that there must be some attendant behavior.

    BTW, can anyone cite the OH SC ruling that says that OC, in and of itself, cannot be used to justify one of these other frivolous charges? I'd love to be able to print and give it to the retired LEO.

    Also, we give a copy of the ORC gun sections to every customer. When I do that, or whenever I answer a question regarding the law, I always say, "Do not take anyone's word, not even mine, for what the law says. Read it for yourself." I try to say it loud and often so that my associates hear it, learn it, and live it. I am starting to hear a few of my guys picking up that line.

    I guess the point of my whole post is, "Do not take anyone's word, not even mine, for what the law says. Read it for yourself."


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    Re: open carry glocks?

    I can link Cincis PD with the memo about arresting OCers tonight.

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    oc

    Quote Originally Posted by Hareuhal View Post
    I can link Cincis PD with the memo about arresting OCers tonight.

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    ok thanks

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    Not sure if these are what you guys are looking for, but...

    Cincinnati PD Staff Notes from July 3, 2012:
    http://www.cincinnati-oh.gov/police/...F0/showMeta/0/

    Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318:
    http://www.supremecourt.ohio.gov/rod...-Ohio-6318.pdf

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    Two excellent resources, however IIRC, there is an Ohio SC ruling that states that OC, in and of itself, does not constitute disorderly conduct or inducing panic. That's the one I am looking for. I will print the Cincinnati memo because it is a police department's official recognition of reality.

    Thanks.

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    Quote Originally Posted by eye95 View Post
    Two excellent resources, however IIRC, there is an Ohio SC ruling that states that OC, in and of itself, does not constitute disorderly conduct or inducing panic. That's the one I am looking for. I will print the Cincinnati memo because it is a police department's official recognition of reality.

    Thanks.

    Sorry, Eye, I thought those were what you were looking for as well.

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    To the OP (original poster):

    #1 - Welcome to OCDO (Open Carry Dot Org)

    #2 - What everyone above so kindly tiptoed around is that, if your friend is not an idiot, then the person that gave him that information IS.

    Please carry openly, fully loaded, a live round chambered, and tape your gun to your face if you choose to do so...it's legal!

    In southeastern Ohio, I have spent a lot of time fighting old wive's tales, misconceptions and outright lies related to the open carry of firearms.

    While the best rule was mentioned, "Look it up for yourself!", the answer YOU are looking for is here: "No. It's not true."
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    Re: open carry glocks?

    Quote Originally Posted by MyWifeSaidYes View Post
    To the OP (original poster):

    #1 - Welcome to OCDO (Open Carry Dot Org)

    #2 - What everyone above so kindly tiptoed around is that, if your friend is not an idiot, then the person that gave him that information IS.

    Please carry openly, fully loaded, a live round chambered, and tape your gun to your face if you choose to do so...it's legal!

    In southeastern Ohio, I have spent a lot of time fighting old wive's tales, misconceptions and outright lies related to the open carry of firearms.

    While the best rule was mentioned, "Look it up for yourself!", the answer YOU are looking for is here: "No. It's not true."
    However - if you do tape it to your face...DO NOT use black electrical tape, as this makes your face and any common legal pistol become ASSULT WEAPONS! /off sarcasm & welcome.
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    Regular Member EMNofSeattle's Avatar
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    Is your friend from Utah by any chance?

    That's the only state I know of which has a "two mechanical actions rule"
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Quote Originally Posted by EMNofSeattle View Post
    Is your friend from Utah by any chance?

    That's the only state I know of which has a "two mechanical actions rule"
    You may be onto something. For quite a spell in Ohio, some instructors have offered a UTAH-compliant chl course, which for some years was a popular alternative to an Ohio chl class. (Due to various law changes the Utah license doesn't offer the coverage it once did, so those classes aren't as commonly seen here in the Buckeye State now.)

    Anyhow no matter which state's license one picks up, the licensee must know the rules/restrictions of the state he/she in at any given time, obviously.

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    Quote Originally Posted by EMNofSeattle View Post
    Is your friend from Utah by any chance?

    That's the only state I know of which has a "two mechanical actions rule"
    nope lived in ohio his whole life.

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    Quote Originally Posted by pplkillnotguns View Post
    nope lived in ohio his whole life.
    Have your friend create an account here or at OhioOC.org. We'll set him straight.

    He will quickly learn that we (at least most of us) don't buy into mythology. We read the law (black-letter and case) for ourselves. You should too. Do not take anyone else's word for what the law says. Use us as a resource to find the law, not as a resource to tell you the law.

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    Quote Originally Posted by eye95 View Post
    ...BTW, can anyone cite the OH SC ruling that says that OC, in and of itself, cannot be used to justify one of these other frivolous charges?...
    None exists, just yet...


    btw, your supervisor ought to sit that retired LEO down and set him straight. His ignorance may wind up getting someone hurt, killed, or charged. There's no excuse for it. Have him read ORC 9.68 at a minimum.
    Last edited by BB62; 02-04-2013 at 11:48 PM.

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    Quote Originally Posted by EMNofSeattle View Post
    Is your friend from Utah by any chance?

    That's the only state I know of which has a "two mechanical actions rule"
    You may be thinking of Illinois, or at least Chicago.

    I've never heard of such a thing with respect to Utah, but I'm not saying you're incorrect - I just have never heard of such a thing.

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    Quote Originally Posted by BB62 View Post
    None exists, just yet...


    btw, your supervisor ought to sit that retired LEO down and set him straight. His ignorance may wind up getting someone hurt, killed, or charged. There's no excuse for it. Have him read ORC 9.68 at a minimum.
    I am the supervisor. I won't discuss what I am doing to correct the situation.

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    Quote Originally Posted by pplkillnotguns View Post
    New to open-carry, I have a glock 26. I was out with my friend yesterday who has his CCW's and carries a glock 19. He informed me that if I was open-carrying a glock a bullet can not be chambered because in the state of Ohio you have to be two actions away from pulling the trigger. Is this true?? Can someone help me with this??
    The answer to your question is that your friend is absolutely wrong



    Quote Originally Posted by eye95 View Post
    Two excellent resources, however IIRC, there is an Ohio SC ruling that states that OC, in and of itself, does not constitute disorderly conduct or inducing panic. That's the one I am looking for. I will print the Cincinnati memo because it is a police department's official recognition of reality.
    Klein v. Leis says that Open Carry has never been illegal in Ohio,
    There are lower court cases that have cost cities money because they used OC as a reason for the stop
    Freedomfighter777, I think that's his handle, comes to mind

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    response

    The appropriate response to anyone like this guy's "friend":


    "Show me where !"

    All you'll hear will be the crickets chirping. Like my dear departed grandmother used to tell me, "You sayin' it's so don't make it so !!". She was right....
    Last edited by docachna; 02-06-2013 at 03:38 PM. Reason: formatting

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    Quote Originally Posted by pplkillnotguns View Post
    New to open-carry, I have a glock 26. I was out with my friend yesterday who has his CCW's and carries a glock 19. He informed me that if I was open-carrying a glock a bullet can not be chambered because in the state of Ohio you have to be two actions away from pulling the trigger. Is this true?? Can someone help me with this??
    Your friend's information about the two actions is correct...but for the wrong state.

    In Utah, to carry concealed or carry a handgun "loaded," you must have a permit. Without a permit, you may openly carry a handgun "unloaded," per the definitions of Utah law. In most states, unloaded means that the ammunition is separate from the gun; and, in some states, the ammo and gun cannot be immediately accessible to you. However, in Utah law, unloaded means that no round is in the firing position, and the gun is at least two mechanical actions from firing (pulling the trigger counts as an action). Hence, in Utah, for a semi-automatic, a semi-automatic handgun may have a loaded magazine; but, as long as there isn't a round in the chamber, it's still "unloaded."

    In Ohio, it doesn't matter. You need a permit to carry concealed or carry in a vehicle. Other than that, open carry on foot is legal without a permit. There's no requirement in Ohio's law that an openly carried gun be "unloaded." Therefore, by default, openly carrying a loaded gun is legal.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

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