Hello people!
I never knew this law existed in Massillon, so naturally I'm interested in it's outcome. I know it's sort of a moot point, but I wanted to post the specific ordinance since all I had was the number and had to go digging to find out what it actually said:
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.
I've been thinking about open carry a lot. The other day while grocery shopping, a guy was walking around the store with a Glock in a holster, in plain view and in no way hidden. He was no security guard either. Have to say, it made me wonder why he was being so open about it, but he wasn't breaking any laws by doing it. My open carry is a little too large for much other than a shoulder holster. Could be a sidearm, but bulky.
9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
(C) As used in this section:
(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(D) This section does not apply to either of the following:
(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;
(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.
Effective Date: 03-14-2007
I never knew this law existed in Massillon, so naturally I'm interested in it's outcome. I know it's sort of a moot point, but I wanted to post the specific ordinance since all I had was the number and had to go digging to find out what it actually said:
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.
I've been thinking about open carry a lot. The other day while grocery shopping, a guy was walking around the store with a Glock in a holster, in plain view and in no way hidden. He was no security guard either. Have to say, it made me wonder why he was being so open about it, but he wasn't breaking any laws by doing it. My open carry is a little too large for much other than a shoulder holster. Could be a sidearm, but bulky.
9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
(C) As used in this section:
(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(D) This section does not apply to either of the following:
(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;
(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.
Effective Date: 03-14-2007
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