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Thread: Newbie to open carry

  1. #1
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    Can someone tell me the basics of open carry in Ohio?

    Who is allowed to open carry?

    What can we carry?

    Where can we carry?

    Are there guidelines as far as hostering?

    Can you still use an inside the pants holster as long as the grips are visable?

    Can you tell me where to findthe law?

    I have looked and all I can really find is on concealed carry law.

  2. #2
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    born2shoot schreef:
    Can someone tell me the basics of open carry in Ohio?

    Who is allowed to open carry?

    What can we carry?

    Where can we carry?

    Are there guidelines as far as hostering?

    Can you still use an inside the pants holster as long as the grips are visable?

    Can you tell me where to findthe law?

    I have looked and all I can really find is on concealed carry law.
    Anyone who can legally own a firearm should be able to OC. As to what we may carry, I think that's obvious. :P

    I'm not sure what, if any, holstering guidelines exist. I would assume that an in-pants holder could be considered "consealed", because the firearm wouldn't be entirely in plain sight. One could argue that you couldn't tell what it was, just from the grips. :P

    Where can we carry? - Anywhere unless otherwise prohibited by law, one would assume.

    As for matters of law relating to OC, perhaps you should reference your state constitution (I'm assuming Ohio - since this is in the Ohio forum). Here's the relevent section:

    Code:
    ยง                    1.04 Bearing arms; standing armies; military powers (1851)           
    The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
    Notice particularly the first part. It says "bear arms" which Webster's defines as:

    Code:
    - bear arms
    1 : to carry or possess arms
    2 : to serve as a soldier
    Thus, as long as you're bearing arms for your "defense and security" you're excersizing a right granted to you under the Ohio constitution.

    Interestingly, the 5th Circuit Court of Appeals upheld similar interpretation of the second amendment to the federal constitution in the case, United States v. Emerson.:

    Code:
    ...
    
    The third model is simply that the Second Amendment
    recognizes the right of individuals to keep and bear arms.  This
    is the view advanced by Emerson and adopted by the district
    court.  None of our sister circuits has subscribed to this
    model, known by commentators as the individual rights model or
    the standard model.  The individual rights view has enjoyed
    considerable academic endorsement, especially in the last two
    decades...
    There were other decisions that contradicted and agreed with this one, I won't get into them all, Wikipedia might have some info if you're interested.

    This paper, entitled "The Right to Bear Arms" contains citations from some interesting cases from the 19th and 20th centuries relating to the (federal) second amendment as well.

    Regards,

    Tim


  3. #3
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    Summary
    Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle.

    Ohio.gov, go to the judiciall section, you can search through the code there...



  4. #4
    Regular Member reefteach's Avatar
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    openryan wrote:
    Summary
    Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle.

    Ohio.gov, go to the judiciall section, you can search through the code there...


    It was actually HB347, and the preemption section of the ORC may be found in 9.68.

  5. #5
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    Thank you for the responses.

  6. #6
    Regular Member reefteach's Avatar
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    Sure. I hope it was what you were looking for. Just remember that laws do not tell you what you MAY do. They tell you what you MAY NOT do.

    In OH the prohibited places for OC are the same as for concealed carry.

    Also, the Ohio Supreme Court case of Klein V. Leis upheld the right of unlicensed open carry in OH.

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