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Thread: Getting the AG's official opinion..?

  1. #1
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    I went to the AG website here in Ohio, and was surprised to see that they will not issue a "Official Opinion" to a private citizen. What the heck is this... Do I have to go out and commit the "Crime" just so I have a criminal case going to get the AG to state his opinion.

    This seems counter productive.... shouldn't the AG give advise so people don't go out and do something against the law.

    I wanted to get the Ohio AG, to make an official statement to LEO's about not charging citizens with brandishing, inducing panic, and disorderly conduct. The Hamilton County, OH, AG did back in 2004 after Klein vs Leis. I think this would help every OC'er in Ohio.

    If I can't ask myself, could I go thru my local PD and ask them to get an opinion...?

  2. #2
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    Does anyone know?

  3. #3
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    not sure about there, but in nevada its listed on the webpage, however the page itself was not easy to find, oh, he ok's OC in nevada, been thinking about printing and leaving it my car, but the printer is a little iffy most of the time. try searching on the AG page if you can. you should be able to find something.. . . any way good luck.

  4. #4
    Accomplished Advocate BB62's Avatar
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    I suggest that you try to contacta favorable legislator and have him/her put the question to the AG.

    Tom Brinkman comes to mind.

    I suspect that the answer you will get is this: open carry is legal, but you could be cited/arrested for disorderly conduct, menacing, aggravated menacing, etc. Simply put, the act itself may be legal, but the municipality/township can can still give you a ride - multiple times.

    Anyone want to do something organized or create an initiative?


    BB62

  5. #5
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    BB62,

    I think it would be a good idea, if we could get several people to sign some type of request. I would really like to see the State of Ohio AG, put out some kind of state wide notice. Just like the Hamilton County AG, did shortly after the Klein vs Leis decsion.

    If anyone would like to get together and maybe start hacking out a letter I would be glad to come and help. I'm not a lawyer. Hopefully we have a OC'ing lawyer who is supportive of out cause who could help us construct a professional request. But I'm game either way.

    Sometimes a letter in plain English, without all the legal undertones works also.

  6. #6
    Accomplished Advocate BB62's Avatar
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    You must remember however, that the letter from the Hamilton Cty Prosecutor was not directed at the public - it was to police agencies within HC.

    Joe Deters (current HC Prosecutor) will not help. To me the only route is the AG, from whom we will no doubt get the letter I previously described.

    Sorry I wasn't more clear - by "initiative" I meant OC inititiatives, not letter writing. The policitians (at all levels) who have influence on prosecution are not going to give us ANY ammo for our initiatives.



    BB62


  7. #7
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    I want to send the letter to one of our Senators or Congressman at the state or national level. See if we can get one of them to initiate the request. I didn't expect the local AG's letters would have much punch, except in their counties.



  8. #8
    Accomplished Advocate BB62's Avatar
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    Only Ohio STATE Reps or Senators will be able to push the Ohio AG for an answer. Your/our National Rep or Senator will not be able to help, because it is a local or state law violation one might be charged with while OC.



    BB62



  9. #9
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    Well it really don't matter to me who requests it. Let's get something going to get someone to get the Ohio AG to make an opinion on this matter and maybe it will cause alot less headaches for alot of people.

    I just feel if more then one person requested it, we would have a better chance of getting someone in an offical status to run with it.

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