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Thread: Restrictions to open carrying in Ohio

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    Restrictions to open carrying in Ohio

    Is there anything restricting a person from open carrying legally? The reason I ask is 5 years ago I was charged and plead guilty to a misdemeanor ccw charge for having a handgun in its case and loaded mags in the car but seperate. I know the law is different now and that's legal bit does this affect my legal right to open carry?

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    Could your conviction have resulted in a prison term of more than one year? Whether it did or not, the possibility of a sentence that long would make you a "prohibited person" according to federal law. I believe Ohio's prohibitions pretty much mirror federal law, but I will leave that question for someone else to answer.


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    No, the charge I recieved can not carry a prison term of more than 6 months being it was just a misdemeanor

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    Quote Originally Posted by fpalmer05 View Post
    No, the charge I recieved can not carry a prison term of more than 6 months being it was just a misdemeanor

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    IANAL, but I believe you are OK then. Still, you might want to get an answer from an attorney.

    BTW, some misdemeanors can carry a term of more than a year, and, to lose your Right, it is only that the offense CAN carry a sentence of more than a year, not that it DID.

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    No jail time was issued. The actual conviction itself ccw m1 can not exceed 6 months of jail time. But I am going to consult with an attorney. Doing research online though I have found absolutely nothing restricting anyone from open carrying other than if you're restricted from purchasing or owning a handgun.

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    If you are allowed to carry, you may OC in Ohio.

    Some caveats (there are surely others) : You may not OC in your car without a license. You may not OC in an establishment with a class D liquor license if someone is consuming. You may not carry within 1000 feet of a school (this one is untested). You may (unlawfully) be accosted by a rogue cop.

    Carry a recorder. Keep it running while OCing in public. Learn how to handle an encounter with the police.

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    Just in case you find out you are restricted, here is the relief from weapons disability section of the ORC:

    http://codes.ohio.gov/orc/2923.14
    “Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” - Thomas Jefferson

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    Quote Originally Posted by eye95 View Post
    Some caveats (there are surely others) : You may not < delete: OC> carry (open or concealed) in your car (must treat the weapon as though you were transporting it) without a license. You may not OC in an establishment with a class D liquor license if <delete: someone is> you are consuming.
    FIFY. Usually, "someone" IS consuming in a class D establishment, even when you are not there...

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    Quote Originally Posted by glockowner View Post
    FIFY. Usually, "someone" IS consuming in a class D establishment, even when you are not there...
    Please don't fix my posts for me. I phrased it just the way I meant it. There is a good reason for the way I phrased it, and, if you want to know, ask.

    OP, please stick with my original wording and ignore this "fix."


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    Quote Originally Posted by glockowner View Post
    FIFY. Usually, "someone" IS consuming in a class D establishment, even when you are not there...
    False.

    Giant Eagle is Class D
    Some Walgreens and Save a Lots are class Ds

    Tons of stores are Class D, even if there isn't anyone consuming on the premises.

    All of those stores can very well sell and consume, for example during a wine tasting which is incredibly common at Giant Eagles.

    Eye is correct in his wording, you are not.

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    You don't say what section of ORC you were convicted of, so this may or may not apply. In 2923.16 Improperly handling firearms in a motor vehicle, it says

    (a) If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (E) of this section as it existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of division (E) of this section on or after September 30, 2011, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction.

    If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (B) or (C) of this section as the division existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of division (B) or (C) of this section on or after September 30, 2011, due to the application of division (F)(5) of this section as it exists on and after September 30, 2011, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction.

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    Quote Originally Posted by eye95 View Post
    Please don't fix my posts for me. I phrased it just the way I meant it. There is a good reason for the way I phrased it, and, if you want to know, ask.

    OP, please stick with my original wording and ignore this "fix."


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    Reckon you know this, eye95, but some others likely don't: There are MANY varieties of Class D permits. Some allow for premises consumption, others don't. This fact does cause confusion for some folks.

    Gads, Ohio's liquor permits run from Class A up through F, with all sorts of variants under each letter.

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    Quote Originally Posted by Brian D. View Post
    Reckon you know this, eye95, but some others likely don't: There are MANY varieties of Class D permits. Some allow for premises consumption, others don't. This fact does cause confusion for some folks.

    Gads, Ohio's liquor permits run from Class A up through F, with all sorts of variants under each letter.
    D permit is "liquor by the glass." Yes, some supermarkets have a D permit for "wine tasting." In those cases, the risk that someone will be consuming alcohol if fairly low, although in some upscale markets with big wine sections, the risk is higher. In bars and restaurants, the risk is very high, and I would strongly recommend against open carry without a CHL in any place that regularly sells alcoholic beverages (even just bottles of beer) with a meal.

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    Quote Originally Posted by eye95 View Post
    IANAL, but I believe you are OK then. Still, you might want to get an answer from an attorney.

    BTW, some misdemeanors can carry a term of more than a year, and, to lose your Right, it is only that the offense CAN carry a sentence of more than a year, not that it DID.
    If the description of the facts of the offense are accurate, and if the charge was appropriate to the facts, it would be a violation of R.C. 2923.16(C) under the definition of "unloaded" which existed prior to March 27, 2013. As such, it would be a fourth degree misdemeanor with a maximum imprisonment of 30 days.

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    Ah yes, I did some review and found that for the most part, retail stores would have a Class C license, if they sell for carryout (non-premises) consumption only. So would a grocery store with occasional tasting events be in possession of both Class C and D permits, or would the Class D cover them for all?

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    If a store has both, then they have a Class D, and carrying there, without a CHL, while someone is consuming would violate the law.

    The law does not speak to whether that consumption must be legal for the UCer to be guilty. For example, what if a grocery store has the Class D to allow tastings. No tastings are going on, so you UC into the store. The manager, freshly off-the-wagon, takes a pull from the bottle he keeps in a brown paper bag in his bottom desk drawer. Did you just break the law? Plain reading says yes. The courts may have or could make the answer no.

    The answer, IMO, should be no. If there isn't one, there should be a legal principle that says, if what you are doing would be otherwise lawful, the unlawful act of another cannot make your act a crime. The answer, in reality, is likely yes, but unlikely to be prosecuted.

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    Early on in Ohio's legalized concealed carry era, I saw a couple examples of people drinking alcohol in establishments whose type of liquor license was unknown to me. Gas station/grocerty store/small sitdown restaurant, all under one roof as it were. (Doubt it was legal for the folks to be imbibing but no one tried to dissuade them from "drinking their lunch".) Back then I wondered if their possibly unlawful consumption suddenly somehow made my armed status go from legal to illegal. But honestly when that would happen I'd just pay for my gas, coffee, etc. and leave.

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    Quote Originally Posted by fpalmer05 View Post
    Is there anything restricting a person from open carrying legally? The reason I ask is 5 years ago I was charged and plead guilty to a misdemeanor ccw charge for having a handgun in its case and loaded mags in the car but seperate. I know the law is different now and that's legal bit does this affect my legal right to open carry?
    I know the current law is that unless you have your ccl, you can't have a loaded weapon in your vehicle, this includes mags. I am not sure if that was the law 5 years ago though but I am pretty sure it was. (Just posting this because a friend asked why you had to plead guilty to a charge if the gun was not loaded)

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    You may have a loaded mag in your car, just in a separately closing container. For that container, I use a pocket with Velcro, a snap, or a button.


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    Quote Originally Posted by rerunyon View Post
    I know the current law is that unless you have your ccl, you can't have a loaded weapon in your vehicle, this includes mags. I am not sure if that was the law 5 years ago though but I am pretty sure it was. (Just posting this because a friend asked why you had to plead guilty to a charge if the gun was not loaded)
    The law changed in March this year and no longer counts having a loaded mag or speed loader in the vehicle as having a loaded weapon as long as the mag/speed loader is stored properly:

    ORC 2923.16 (K)(5)

    (a) "Unloaded" means

    , with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

    (i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

    (ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

    (b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

    (i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

    (ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.
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    Am I the only one who finds the abbreviation ORC amusing?

    Of course in Colorado it's C.R.S. for Colorado Revised Statues--which also stands for "Can't Remember $#!t." (A more obscure reference so only almost as amusing.) I guess they were only unrevised the first day the legislature sat in session after Statehood in 1876.

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    Quote Originally Posted by SteveInCO View Post
    Am I the only one who finds the abbreviation ORC amusing?
    As a D&D player in a former life and a Tolkien fan in my current one, I do occasionally chuckle (or were you thinking of something other than the mythical humanoid creature feared & loathed by humans?)
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    Quote Originally Posted by JustaShooter View Post
    As a D&D player in a former life and a Tolkien fan in my current one, I do occasionally chuckle (or were you thinking of something other than the mythical humanoid creature feared & loathed by humans?)
    I used to play a Gray Elf fighter/magic user who had a red diamond "ORCIN" (not ORKIN) insignia on his shield....

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    Quote Originally Posted by SteveInCO View Post
    Am I the only one who finds the abbreviation ORC amusing?
    Quote Originally Posted by JustaShooter View Post
    As a D&D player in a former life and a Tolkien fan in my current one, I do occasionally chuckle (or were you thinking of something other than the mythical humanoid creature feared & loathed by humans?)
    In legal writing, the official abbreviation is just "R.C." If you feel the need to be state-specific, the Harvard Blue Book citation form is "OHIO REV. CODE." The designation "ORC" is a layman's reference used on signs and traffic tickets.

    Just sayin' ...

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