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Thread: Hello Ohio Open Carriers

  1. #1
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    Hello Ohio Open Carriers

    Just wanted to introduce myself and say hi to everyone here. I'm from West Lafayette area, Coshocton County, and looking to share info with fellow like-minded people here. I'll share a couple of my views on open carry...so all know where I'm at with this.

    After talking with a co-worker, and fellow forum member about carrying for some time, I decided it was time I become involved, albeit, on a learning curve, so to speak. I live near West Lafayette, approx. 2,500 people. I decided to reach out to LE initially on my open carrying in town. Went to talk to them and make myself known. Asked some questions, let them know who I was, asked how they would approach the situation etc. I wanted everything up front. The officer stated that they didn't prefer I do it, but said they couldn't tell me I couldn't. Wanted to know why, blah, blah... Anyway, haven't done it yet, as I live outside of town a short distance, and I'm not in town long enough to warrant carrying around town. (I do not have my CCL yet, so the whole transporting issue is cumbersome for just a quick drive to the dollar store.)

    I know how a lot of people here feel toward LE, and in a lot of instances, your feelings are well warranted on the matter. But I just decided to try to be more diplomatic on MY journey with this, at least initially. I'm not looking to videotape confrontations with LE, and the whole AR-15 strapped on your back doesn't do our cause much good either. And I don't have an issue with letting LE know who I am at the outset. How am I to build a good standing with them, reaching out to our community, if I am ignoring them or asserting my rights from A-Z? It depends on how the encounter begins, dictates what route I would use. I am reading the ORC, as much as I'm able to retain it.

    I look forward to conversing with everyone here, and learning as much as I can.

  2. #2
    Accomplished Advocate BB62's Avatar
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    Welcome!

    Keep us posted on your open carry experiences.

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    After browsing site, and reading the thread about oc in Mass. Ohio, I was checking out the city of Coshocton's ordinances on carrying...this is what I found..

    549.03 CARRYING DANGEROUS WEAPONS.

    (a) It shall be unlawful for any person to carry on or about his person, whether concealed or not, any pistol or bowie knife (a single-edged steel hunting knife, about 15 inches in length, having a hilt and a crosspiece), any dirk (a dagger or short pointed weapon with sharp edges), any knife with a blade larger than 3-1/2 inches whether the knife is clasp or straight- bladed, any machete, blackjack, billy or billy club, brass knuckles, aluminum knuckles or knuckles made of any other material, unless permitted or exempted by the provisions of this chapter and in strict compliance with all of the provisions of this chapter.

    (b) This section shall not apply to sportsmen going to or from the field or carefully engaged in sporting activity.

    (c) Whoever violates this section is guilty of a minor misdemeanor.


    (1993 Code 130.03)

    After this, it cross references ORC 2923.18

    2923.18 License or temporary permit to possess or use dangerous ordnance. Which says nothing about open carry...ifm I'm reading this correctly, the city is in violation of state law, am I correct?

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    Re: Hello Ohio Open Carriers

    Quote Originally Posted by GlockGoblin View Post
    ...Which says nothing about open carry...
    You will never find anything in the ORC about open carry. Ohio does not have open carry laws.

    The lack of a law regarding open carry is what makes it legal.

    Sent from my SCH-I605 using Tapatalk 2

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    (a) It shall be unlawful for any person to carry on or about his person, whether concealed or not, any pistol (City of Coshocton)

    Actually, the above is what I was referring to. Then it references the O.R.C. about licensing to carry. Although the orc doesn't mention open carry, Coshocton's ordinance does, so was making sure and double checking if my assumptions were correct. I may have to call their law office and see what they say.

  6. #6
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by GlockGoblin View Post
    (a) It shall be unlawful for any person to carry on or about his person, whether concealed or not, any pistol (City of Coshocton)

    Actually, the above is what I was referring to. Then it references the O.R.C. about licensing to carry. Although the orc doesn't mention open carry, Coshocton's ordinance does, so was making sure and double checking if my assumptions were correct. I may have to call their law office and see what they say.
    Coshocton (and maybe you) needs to become familiar with the fact that Ohio state laws preempt local laws in most ways regarding firearms.

    Specifically, ORC section 9.68:

    http://codes.ohio.gov/orc/gp9.68

    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
    Last edited by BB62; 08-13-2013 at 11:57 PM.

  7. #7
    Regular Member MyWifeSaidYes's Avatar
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    GlockGoblin-

    4 things:

    1) You are correct that the Coshocton ordinance is in violation of state law and is invalid.

    2) The discussion of long guns is not allowed on OCDO (Open Carry Dot Org).

    3) You have NEVER open carried, you say it's too much trouble for you to load a handgun when getting out of your car and yet you want to tell us that the OC of a firearm other than a handgun does our side no good. That is presumptuous, rude and wrong. Visit the forums at ohioccw.org or buckeyefirearms.org if you want to discuss long guns.

    4) Welcome to the forum.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  8. #8
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    As I have not open carried in West Lafayette, I have carried down my street, I live in the burbs. Relating to the long guns, I know that talk about it on this site is not allowed, just stating my opinionon it. To say I was rude and wrong about it, that is your opinion to enjoy. So, I will stay away from the long gun issue. But, thanks for clarifying the Coshocton issue with me.

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    Regular Member Makarov's Avatar
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    Israelis security thinks our concealed carry law is a joke. Open carry in their country has prevented terrorist attacks and has lowered crime. Good luck in your travels and come out of the closet and open carry.

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    Welcome to the forum.

    IMHO, what works is to simply OC. If you are stopped, politely assert your rights and be engaged in the process of demonstrating to the local government where they are in violation of the Ohio Revised Code (specifically R.C. 9.68) and the Ohio Constitution (which, IIRC, is referenced in R.C. 9.68); follow through to the end. Once this process is completed, as often as needed, OC becomes a non-issue for local peace officers. After that, the continuation of OC serves to re-enforce all of that hard work with the local government and begins the process of acclimating the local public to the right and duty of OC in Ohio. The latter helps to encourage closet OCers in the community.

    And that, IMHO, is the process in a nutshell. It's not harmful to Liberty. On the contrary, it is absolutely necessary for the free expression of Liberty. A right not exercised is indeed a right lost! Create that vacuum and government will fill the void. Don't let individual rights atrophy.
    Moreover, were he to return there, wouldn't he be rather bad at their game, no longer being accustomed to the darkness? - Plato

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    GG

    You contacted your local PD,told them who you are.Wanted every thing up front.They didn't prefer you do it,but said they couldn't tell you you couldn't.You then carried in your own neighborhood.

    When you contacted your local PD you established a working relationship,they understand your rights.This is a good way to help others practice their rights.

  12. #12
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    Thanks for the feedback, and Hello to the forum. On the city of Coshocton issue, I sent an email to a councilman-at-large, law directors did not have an email address listed, so I started here. I explained the conflict between O.R.C. and their city ordinances, and asked for a clarification on the issue. Or, a direction I can take on the issue, in case said councilman wasn't able to help. Hopefully hear something within a reasonable time frame (what that would be, I have no idea.) Will keep updates forthcoming. If anyone has pointers and help, I would appreciate it...thanks.

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    Quote Originally Posted by GlockGoblin View Post
    If anyone has pointers and help, I would appreciate it...thanks.
    I found that by politely approaching the matter as something that needs correction and that you are letting them know and ending with asking for an anticipated time in which these issues would be corrected works well. Instead of approaching them for input, I approached with a matter of fact, this is in error and needs to be corrected, "When do you anticipate these corrections to bring local (rules/ordinances/policies) into compliance with state law?" type of thing.This is polite but doesn't leave them wriggle room. If they reply back with it's something that they aren't planning to change; I alluded to the potential liability to the (county/city/town/etc) should any government official act upon those unlawful (rules/ordinances/policies); all, of course, approached politely and as more of an FYI/heads up than anything threatening or litigious. Obviously, if others involved in OC activism with more experience than I propose something different than I did then give that more weight than my opinion.

    Thanks for taking your time and making an effort to get these illegal and troublesome problem areas off of the books.


    ETA: If it's city, then try to get it on the agenda in the next city government public meeting (city council?). If something comes up with county then have the issue put on the next available public county commissioners' meeting. Have your ducks in a row and be prepared to give a brief statement of fact at the meeting. Also be prepared for questions.
    Last edited by JmE; 08-14-2013 at 06:10 PM. Reason: ETA
    Moreover, were he to return there, wouldn't he be rather bad at their game, no longer being accustomed to the darkness? - Plato

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