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Thread: OC - Forbidden areas

  1. #1
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    OC - Forbidden areas

    Hello guys,

    It's been awhile, but I have some new questions about OCing in Ohio. I have recently obtained my CCW and the instructor didn't seem to know much about open carry which is why I went to the experts on here

    Anyway, they go through the places you can go with while concealing and which places you cannot go (ORC 9.68) and it is pretty clear.

    However, several people in the class asked what do you do when you go to these places and we used an example of a public state University when discussing. The instructor said you are allowed to lock it up in the parking lot once you arrive but that it is, and you cannot conceal while on the property. Once you finish your business you can come back to the car, re-equip the weapon and then drive off and be within legal compliance.

    I offered another solution, since I was pretty sure OC'ing at on public property was legal (minus the exceptions I am inquiring about) and couldn't an alternative solution be to change from CC to OC?

    Most of the people looked at me like I was nuts, including the instructor so I laughed it off and kept my mouth shut about any other instances OCing could be used as a solution. Later on, I was debating with another guy who said there is no way you could OC on at a University and I did a quick check during a break to show that Universities seem to be mandated by law to allow OCing to his amazement.



    Now since this is often confusing, it is MY HUMBLE understanding that Open Carry is allowed by law, because it is not specifically outlawed. With that being said, HOW do you know which locations are off-limits to OCing since there is not statute?

    I'm not the kind of guy that is trying to test the limits, but if we have a "known" list of acceptable locations I would love to see it. Or the inverse, a list of locations that are factually off-limits to OCing in Ohio.

    If you can further expand on how you arrive to this list or conclusion, I'd love to know to as well.

    I want to bring more light to OCing when I can do so without issues, and I believe that OCing is something that needs to be demonstrated to create a better response to normal citizens, however I'd rather avoid any high drama on questionable locations in the future.

    Any help is greatly appreciated!

  2. #2
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    Open carry on the grounds of a state university campus is ... risky.

    We know that it has been tolerated a couple of times, with notice, as an exercise of First Amendment rights. What the reaction would be to an improptu open carry is unknown.

    Then there is the practical issue: Where are going to go? If you violate the signage of a government building, posted pursuant to R.C. 2923.1212, there is a strong likelihood that you could be successfully prosecuted for Criminal Trespass, and you know the university is going to pursue that one.

    Also note that it doesn't do much good for the underclassmen, who are less than 21 years of age and cannot purchase a handgun. Given the current state of the law, the practical applications of open carry on a state university campus are rather limited.

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    Quote Originally Posted by Werz View Post
    Open carry on the grounds of a state university campus is ... risky.

    We know that it has been tolerated a couple of times, with notice, as an exercise of First Amendment rights. What the reaction would be to an improptu open carry is unknown.

    Then there is the practical issue: Where are going to go? If you violate the signage of a government building, posted pursuant to R.C. 2923.1212, there is a strong likelihood that you could be successfully prosecuted for Criminal Trespass, and you know the university is going to pursue that one.

    Also note that it doesn't do much good for the underclassmen, who are less than 21 years of age and cannot purchase a handgun. Given the current state of the law, the practical applications of open carry on a state university campus are rather limited.
    Firstly let me say I've got zero desire or need to be on a University, but I just noticed it was a scenario to use as an example of when you could, in theory switch from CC to OC to satisfy the law and not have to be unarmed.

    Do you happen to have any resources or readings for the legal 'zones' you can OC in? I am more or less looking for places that OUTLAW not CCing but OCing.

    The ORC statute you gave me has Prohibition of Concealed Weapons in the title, however it seems to encompass all weapons whether OC'd or CC'd. Is the the complete list of "forbidden areas" an OCer must avoid or risk a crime charge?

    Thanks for your help, I'd just like to make sure I comply with law and also exercise my rights to the maximum of my ability!

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    Quote Originally Posted by theswissartist View Post
    Firstly let me say I've got zero desire or need to be on a University, but I just noticed it was a scenario to use as an example of when you could, in theory switch from CC to OC to satisfy the law and not have to be unarmed.

    Do you happen to have any resources or readings for the legal 'zones' you can OC in? I am more or less looking for places that OUTLAW not CCing but OCing.

    The ORC statute you gave me has Prohibition of Concealed Weapons in the title, however it seems to encompass all weapons whether OC'd or CC'd. Is the the complete list of "forbidden areas" an OCer must avoid or risk a crime charge?

    Thanks for your help, I'd just like to make sure I comply with law and also exercise my rights to the maximum of my ability!
    Sorry, but this stuff is not conducive to simple lists.

    You are correct about R.C. 2923.1212, and many people just look at the title without reading it. Not only does it cover open carry as well as concealed, but it also covers all deadly weapons: Bowie knives, nunchaku, etc. However, there is no integral penalty under that section, and all the sign does is serve as a basis for a Criminal Trespass charge. In fact, it's most intended as just a warning to deter weapons carry. In some government facilities (particularly in more rural areas), you'll probably just be told, "Dude, you gotta leave that outside." In other government facilities (particularly in urban areas), you're likely to have security personnel putting you on the ground. In certain government facilities - schools, courthouses, detention facilities - it's an outright felony, and you may find yourself at gunpoint. In some places, the State of Ohio doesn't much care, but the federal government certainly does.

    In some places, like liquor premises, motor vehicles, or federal school zones (within 1,000 feet), you cannot carry a loaded handgun concealed or openly unless you have a concealed handgun license. And liquor premises don't all have a recognizable "bar" anymore; they include places like Chipotle, which just sells beer by the bottle.

    A fellow in the OFCC forums, who dubs himself Rhino, put together The Condensed Guide to Ohio Concealed Carry Laws, in PDF format, which would probably provide you with a lot of good information to start with. Stick around here, and you're likely to learn a lot more.

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    Quote Originally Posted by Werz View Post
    Sorry, but this stuff is not conducive to simple lists.

    You are correct about R.C. 2923.1212, and many people just look at the title without reading it. Not only does it cover open carry as well as concealed, but it also covers all deadly weapons: Bowie knives, nunchaku, etc. However, there is no integral penalty under that section, and all the sign does is serve as a basis for a Criminal Trespass charge. In fact, it's most intended as just a warning to deter weapons carry. In some government facilities (particularly in more rural areas), you'll probably just be told, "Dude, you gotta leave that outside." In other government facilities (particularly in urban areas), you're likely to have security personnel putting you on the ground. In certain government facilities - schools, courthouses, detention facilities - it's an outright felony, and you may find yourself at gunpoint. In some places, the State of Ohio doesn't much care, but the federal government certainly does.

    In some places, like liquor premises, motor vehicles, or federal school zones (within 1,000 feet), you cannot carry a loaded handgun concealed or openly unless you have a concealed handgun license. And liquor premises don't all have a recognizable "bar" anymore; they include places like Chipotle, which just sells beer by the bottle.

    A fellow in the OFCC forums, who dubs himself Rhino, put together The Condensed Guide to Ohio Concealed Carry Laws, in PDF format, which would probably provide you with a lot of good information to start with. Stick around here, and you're likely to learn a lot more.
    Very informative Werz. Thank you!

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    Accomplished Advocate color of law's Avatar
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    Word to the wise. What you read in any of these forums are opinions. Some opinions carry more weight than others. Some opinions are supported by case law or the law itself, most are not. Many of the gun laws are vague. And most of those vague laws have not been sorted out by the courts. So, a word to the wise.

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    Quote Originally Posted by color of law View Post
    Word to the wise. What you read in any of these forums are opinions. Some opinions carry more weight than others. Some opinions are supported by case law or the law itself, most are not. Many of the gun laws are vague. And most of those vague laws have not been sorted out by the courts. So, a word to the wise.
    Yes, that goes with most things doesn't it

    Sad that we have to wade through such a mess TRYING to be a compliant, law-abiding citizen that is merely looking to exercise a seemingly obvious constitutional right.

  8. #8
    Regular Member MyWifeSaidYes's Avatar
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    In it's most basic form, open carry in Ohio is legal wherever it is not.

    Yeah. I know that helps a lot.

    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  9. #9
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    In it's most basic form, open carry in Ohio is legal wherever it is not.

    Yeah. I know that helps a lot.

    ?????

    OC is legal where it's not ILLEGAL.



    (oh, and btw, it's "its")

  10. #10
    Regular Member MyWifeSaidYes's Avatar
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    For some reason, I was thinking "unless" but typed "wherever".

    As for it's vs. its, thank you for the correction, Grammar Nazi !!
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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