Taclead
Regular Member
imported post
Below is a police bulletin as a result of my discussion with the Akron Police (See LEO encounter while OCing in Akron) written by Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.
Information for officers regarding “Open Carry” of firearms by citizens
In late summer in Akron, Ohio a couple officers saw a man walking on a Main St. sidewalk with a pistol strapped in a holster on his hip in plain view. The man said nothing and did nothing threatening. In fact, he was with his adult daughter and the two stepped into a restaurant to order food. He was just going about his own business. The officers were concerned, not yet alarmed, but wondered, “What police action should we take?”
When Concealed Carry was made legal in Ohio some changes came about that affect local law. Most recently, state law enacted “preemption” with purpose to make any and all laws pertaining to firearms a statewide matter with uniform regulation and enforcement. Simply put, the state law trumps any pre-existing local ordinances and prohibits creation of new ordinances in conflict with state law.
Under state law, there is no prohibition against carrying a firearm openly, i.e., not concealed. A permit is not required to carry this way. Carrying a pistol openly on the hip is not breaking the law. This action in and of itself alone is not a basis for a stop.
Neither is carrying a gun openly disorderly conduct or inducing panic. If an officer engages in conversation with a person who is carrying a gun openly, but otherwise not committing a crime, the person cannot be required to produce identification. The law does specify that a person may not carry a loaded firearm in a motor vehicle except under the provisions set forth for a person who possesses a concealed handgun license (CHL).
It is rare that people carry this way in Akron. However, if you do come across a person with a gun holstered in plain view, think before you act. Is he breaking any law? Is he threat? Is he doing anything that constitutes a Terry[/i] stop? If not, be cautious, keep on eye on his actions and let him go about his way.
Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.
:celebrate:celebrate:celebrate:celebrate:celebrate
Below is a police bulletin as a result of my discussion with the Akron Police (See LEO encounter while OCing in Akron) written by Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.
Information for officers regarding “Open Carry” of firearms by citizens
In late summer in Akron, Ohio a couple officers saw a man walking on a Main St. sidewalk with a pistol strapped in a holster on his hip in plain view. The man said nothing and did nothing threatening. In fact, he was with his adult daughter and the two stepped into a restaurant to order food. He was just going about his own business. The officers were concerned, not yet alarmed, but wondered, “What police action should we take?”
When Concealed Carry was made legal in Ohio some changes came about that affect local law. Most recently, state law enacted “preemption” with purpose to make any and all laws pertaining to firearms a statewide matter with uniform regulation and enforcement. Simply put, the state law trumps any pre-existing local ordinances and prohibits creation of new ordinances in conflict with state law.
Under state law, there is no prohibition against carrying a firearm openly, i.e., not concealed. A permit is not required to carry this way. Carrying a pistol openly on the hip is not breaking the law. This action in and of itself alone is not a basis for a stop.
Neither is carrying a gun openly disorderly conduct or inducing panic. If an officer engages in conversation with a person who is carrying a gun openly, but otherwise not committing a crime, the person cannot be required to produce identification. The law does specify that a person may not carry a loaded firearm in a motor vehicle except under the provisions set forth for a person who possesses a concealed handgun license (CHL).
It is rare that people carry this way in Akron. However, if you do come across a person with a gun holstered in plain view, think before you act. Is he breaking any law? Is he threat? Is he doing anything that constitutes a Terry[/i] stop? If not, be cautious, keep on eye on his actions and let him go about his way.
Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.
:celebrate:celebrate:celebrate:celebrate:celebrate
I am going to be showing this bulletin to a few people that are still convinced that OC is crazy and I am just asking for trouble.
