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Thread: Wait... you can open carry in ohio?!

  1. #1
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    Before I got my CHL I called the local sheriff and asked if open carry was legal (I live outside the township in my county (erie)). He said that technically it is, but I'll still get arrested for it. From then on, I got my CHL, and haven't thought twice about open carry (aside from having to OC my G17 on my motorcycle because of the motor vehicle law). Does anyone know one way or another if open carry is legal? I'd love to do it, but I was simply under the impression it was flat out illegal.

    I'd love for my G17 to see the light of day every now and then, it's jealous of my G26 (which is my daily carry gun)!

  2. #2
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    I strongly discourage asking anyone in the Law Enforcement community for advice. Look around this forum, and you will find numerous instances of LEO's giving incorrect information. Most of the time it is unintentional - they don't know the laws, and since you put them on the spot by asking, they guess. Contact an attorney for advice that you can rely on.

    Click on OH from the main page of opencarry.org and you will find this summary:


    Ohio is a traditional open carry state. However, they are also a home rule state with preemption for permit holders only. Additionally, a permit is required to have a loaded firearm in a vehicle and the firearm must be visible and on your person.

    Be sure to verify this on your own, but since you have your CHL, you should be able to OC wherever CC is legal.

    Edited to add: Welcome to OCDO!!

  3. #3
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    Open Carry in Ohio, has been allowed since the Ohio Constitution was signed. But it is a Forgotten Right because people quit exercising it. So now people think it is illegal.

    Many local governments passed laws to try and discourage OC, by charging law-abiding citizens with such things as Brandishing, Disorderly Conduct, and Inducing Panic.

    2003 Ohio Supreme Court decision, Klien vs Leis, said that citizens of Ohio did not have the constitutional right to carry Concealed. But there was nothing preventing them from carrying their firearms in the Open.

    The Hamilton County AG, stated in a letter to all the LEO's in his jurisdiction that the mear act of Open Carry, didn't not justify an officer charging any citizen with Brandishing, Disorderly Conduct or Inducing Panic.

    Now if we could just get the new Ohio AG to put out the same type of letter, maybe these "incidents" with the LEO's would become less confrontational.

  4. #4
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    And if we could get the NEW Hamilton County Prosecutor to put together a letter, it would be real nice.

    The HC Sheriff seems to be opposed to open carry, if the attitudes of some of his officers (to whom I've spoken) is any indication.



    BB62







  5. #5
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    I love that logic: technically it's legal, but we will arrest you even though we do not have any grounds to do so???? I would be tempted to ask him if he knows what the penalties are for false arrest.


    Illuminaughty wrote:
    Before I got my CHL I called the local sheriff and asked if open carry was legal (I live outside the township in my county (erie)). He said that technically it is, but I'll still get arrested for it.

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