BB62
Accomplished Advocate
imported post
Okay, the title is not quite true, but it's close...
Here in Ohio, as I'm sure in Virginia and other OC states, OCers are worried about, or have been threatened with (as I personally have been) charges ofDisorderly Conduct, Disturbing the Peace, Inciting, etc., etc.
The purpose of this thread is to fully flesh out the ramifications of being cited, fighting the citation, LOSING, and taking the matter higher - IOW, establishing a precedent.
I don't know if this is possible - but that is another reason for this thread.
I guess the best way to start is to ask a few questions:
- is it possible to establish a precedent that one walking down the street OCing, (or conducting one's business) while having no contact with one's gun, acting in a threatening manner, etc. is protected from charges as listed above?
- assuming one is NOT protected from such charges, what would be the route and the expected cost to defend oneself from such scurrilous charges?
- what would be the cost of carrying the matter if charges were dropped before a hearing took place?
- is the threat, and the real potentialof prosecution for what is (hopefully) legal conduct, in fact a de facto prohibition?
- could a court hold that while OCing is legal, the "ripple effects" it creates expose one to legal jeopardy?
Thanks to all for on-topic considered opinions andfactual posts.
Okay, the title is not quite true, but it's close...
Here in Ohio, as I'm sure in Virginia and other OC states, OCers are worried about, or have been threatened with (as I personally have been) charges ofDisorderly Conduct, Disturbing the Peace, Inciting, etc., etc.
The purpose of this thread is to fully flesh out the ramifications of being cited, fighting the citation, LOSING, and taking the matter higher - IOW, establishing a precedent.
I don't know if this is possible - but that is another reason for this thread.
I guess the best way to start is to ask a few questions:
- is it possible to establish a precedent that one walking down the street OCing, (or conducting one's business) while having no contact with one's gun, acting in a threatening manner, etc. is protected from charges as listed above?
- assuming one is NOT protected from such charges, what would be the route and the expected cost to defend oneself from such scurrilous charges?
- what would be the cost of carrying the matter if charges were dropped before a hearing took place?
- is the threat, and the real potentialof prosecution for what is (hopefully) legal conduct, in fact a de facto prohibition?
- could a court hold that while OCing is legal, the "ripple effects" it creates expose one to legal jeopardy?
Thanks to all for on-topic considered opinions andfactual posts.