OC Location Question

JMClark56 · Dec 16, 2007

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It is my understanding that in Ohio, OC is mostly up to local ordinance. Does anyone know the Lorain laws on OC? I am going to school in Lorain county, and I was thinking about OCing until i can get my CCW permit (I am over 21, it is more of a time/money issue for me).

Is there anyone who OCs in the Lorain/Elyria area?

Lthrnck · Dec 16, 2007

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Ohio has no laws making Open Carry legal. It is a right we have under the constitution. Article 1 Section 4.

In 2003 in Klien vs Leis, the Ohio Supreme Court basically said that the constitution did not give the right to conceal carry, it stated in section 24 or 25, that the individual right to openly carry a firearm was legal.

In 2004 we gained the privilige to conceal carry.

In 2007 ORC 9.68 preempted all local ordiances for the carry of firearms, both openly and concealed.

Bersa45 · Dec 16, 2007

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Oc is legal in Ohio. If you don't have a ccw stay 1000 feet away from any school. Even with a ccw you can not go onto school property. HB 347 gave Ohio statewide preemption. Visit Ohioccw.com or Handgunlaws.com and most all of your questions can be answered or looked up there. If and when you OC the normal gun restrictions by Ohio must be followed.

jabeatty · Dec 16, 2007

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Lthrnck wrote:

In 2007 ORC 9.68 preempted all local ordinances for the carry of firearms, both openly and concealed.

Unfortunately, as you know so well, even though state law is crystal clear on this subject, it doesn't mean that you won't be arrested or prosecuted on the local level.

You might even win...

dng · Dec 16, 2007

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I OC every single day, and still have not had any issues with local LEOs. (btw, I'm not complaining!) :lol:

Splat!! · Dec 16, 2007

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Bersa45 wrote:

Oc is legal in Ohio. If you don't have a ccw stay 1000 feet away from any school.

Why.............??

The only time the 1,000 feet rule is in effect is when a law is broken...OCing is not breaking the law. If you break the law concerning firearms or drugs within a 1,000 ft of a school zone , then the law says you committed the crime in a school zone...You have to break the law first.........Correct??

color of law · Dec 16, 2007

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jabeatty wrote:

Lthrnck wrote:

In 2007 ORC 9.68 preempted all local ordinances for the carry of firearms, both openly and concealed.

Click to expand...

Unfortunately, as you know so well, even though state law is crystal clear on this subject, it doesn't mean that you won't be arrested or prosecuted on the local level.

You might even win...

ORC 9.68(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

If the yocals would arrest you for violating a local law, criminally, you would move to dismiss the case, because it violates state law and the U.S. constitution and the Ohio constitution. Also as 9.68(B) would allow you to sue the yocals for violating your rights.

The problem is it is costly and the LEOs would try to pile on with other charges, like brandishing, disturbing the peace and a hole bunch of trumpt uped charges.

Most judges in this state are gutless wimps. I said most not all, IMO. I have seen charges dropped for what was supposed to have been the violation that gave LEOs probable cause. Then the prosecutors wants to prosecute the other charges when those charges could not or would arise without the original charge. And the judge allows the case to move forward when the case should be dismissed.

Its all about money and control. Most attorneys don't know the law. Most, not all, IMO.

Splat!! · Dec 16, 2007

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Its all about money and control. Most attorneys don't know the law. Most, not all, IMO.

It is all about kissing A$$..............Most lawyers rely on favors instead of law, So when they have to fight they are like ............WOW, we never done this before, This is going to cost alot of money................I have fired2 over this concept and will pursue my own small claim cases..............If they can't cut a deal, it becomes a circle jerk...........Very few lawyers will go to battle for their clients........

color of law · Dec 16, 2007

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Most attorneys are lets make a deal. Most attorneys don't know how to set up a case for a good appeal. Most attorneys won't do their homework. They take on to many clients and then don't give any of their clients the time the client deserves.

I know Pro se(s) that win their cases that attorneys told them that they could not win. Actually, a Pro se has an advantage over the attorney if they have a good knowledege of the law. The rules of court, civil/criminal, will put you ahead of most attorneys. You need to your rights before the trouble starts.

The first admendment gives you the right to speak. Which means it gives you the right to not speak. Most people hang them selves because they open their mouth. In other words, you give LEOs the rope to hang yourself.

Bersa45 · Dec 16, 2007

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Splat!! wrote:

Bersa45 wrote:

Oc is legal in Ohio. If you don't have a ccw stay 1000 feet away from any school.

Click to expand...

Why.............??

The only time the 1,000 feet rule is in effect is when a law is broken...OCing is not breaking the law. If you break the law concerning firearms or drugs within a 1,000 ft of a school zone , then the law says you committed the crime in a school zone...You have to break the law first.........Correct??

I agree, OC or with a permit. I was thinking that but it didn't come out in print:exclaim:

JMClark56 · Dec 16, 2007

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On a slightly different topic, do I have to be a "resident" of the state of Ohio to OC? My DL is from Michigan, I am currently living in a dorm and do not have a permanent address to use for an Ohio DL yet...

color of law · Dec 17, 2007

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JMClark56 wrote:

On a slightly different topic, do I have to be a "resident" of the state of Ohio to OC? My DL is from Michigan, I am currently living in a dorm and do not have a permanent address to use for an Ohio DL yet...

Ohio and Michigan have Recipocity. You don't need an Ohio CCL. You have a Michigan CCL. Just because you are a student at an Ohio collage, you are a resident of Michigan. If you still vote and live with your parents then you are still a Michigan resident. As long as you go home 1 day out of every 180 days then you are not a resident of Ohio. Also, if you have a Michigan driver License then you are still a Michigan resident.

The Ohio Constitution says:
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.

It does not say resident or citizen. It says the people. So yes you can open carry in Ohio.

IMO

JMClark56 · Dec 17, 2007

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color of law wrote:

Ohio and Michigan have Recipocity. You don't need an Ohio CCL. You have a Michigan CCL. Just because you are a student at an Ohio collage, you are a resident of Michigan. If you still vote and live with your parents then you are still a Michigan resident. As long as you go home 1 day out of every 180 days then you are not a resident of Ohio.

I don't have a CCL in any form yet. It is on my to-do list for next year.

I don't live with my parents, I have not done that in years. This has been a major point of contention between me and the college I go to. I have lived on my own for the past four years and I was a little upset when they shoved me into the dorms and told me that I was going to be listed as a dependent (the federal government classes me as an independant because I am a veteran).

It has really messed alot of things up.

Anyways, back to topic.

I was reading about the 1000 foot rule; and I had a thought:
could I walk through campus OCing if I stayed on the streets and did not actually set foot on the actual property?

Downtown is on the south end of campus and my car is on the north end of campus... I could walk all the way around campus, but that for effort, I could also just drive, but it is really too short a distance to merit driving...

Bah...

Legba · Dec 17, 2007

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As I understand it, the "school zone ban" applies only to primary and secondary schools - not colleges/universities. They, however, have their own rules (and their own police, usually), and will almost certainly take exception to your OCing. It may be the case that you aren't breaking the law at all, but you might still get expelled. Just a thought.

-ljp

jabeatty · Dec 17, 2007

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Splat!! wrote:

Why.............??

The only time the 1,000 feet rule is in effect is when a law is broken...OCing is not breaking the law. If you break the law concerning firearms or drugs within a 1,000 ft of a school zone , then the law says you committed the crime in a school zone...You have to break the law first.........Correct??

Incorrect, unfortunately, at the state level.

See 2923.122 for details...

In a nutshell, 2923.122 prohibits you from conveying a weapon into a school zone unless you're licensed, not on school property or at a school activity, in compliance with the relevant Federal statute, and not knowingly in a place described in division (B)(1) or (B)(3) to (10) of section 2923.126 of the Revised Code. You must comply with all of these conditions in order to legally carry.

If you don't have an Ohio License to Carry a Concealed Handgun, you must not carry a firearm into a "school safety zone" in the State of Ohio. (A license/permit from another state won't work; you won't be in compliance with 18 U.S.C. 922(q)(2)(B).)

ETA: Violation of the above is a 5th-degree felony.

With regard to another issue brought up in this thread, college campuses are not defined as "school safety zones."

Splat!! · Dec 19, 2007

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(1) “School safety zone” consists of a school, school building, school premises, school activity, and school bus.

If following your thoughts JA then OCing would be banned in almost every city ,because school zones are everywhere ...........You cannot be anywhere in my town without being within 1,000 of a public school building.....

Splat!! · Dec 19, 2007

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Concealed Carry

The state of Ohio has enacted a concealed carry law prohibiting carrying a concealed handgun into a school safety zone. A school safety zone consists of a school, school building, school premises, school activity and school bus. Under the law, an offense is within the vicinity of a school if it is committed within the property boundary or within 1,000 feet of the boundaries of any premises.

style="BACKGROUND-COLOR: #f8f8f8"https://www.owens.edu/security/concealed.html

Splat!! · Dec 19, 2007

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http://www.buckeyefirearms.org/article3993.html

jabeatty · Dec 19, 2007

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Splat!! wrote:

If following your thoughts JA then OCing would be banned in almost every city ,because school zones are everywhere ...........You cannot be anywhere in my town without being within 1,000 of a public school building.....

Splat!, please don't take my comments the wrong way - the entire concept of "school safety zones" is absurd, and this law (among many others) is a blatant infringement.

I was merely stating what the law says, not that I in any way agree with it.

Splat!! · Dec 20, 2007

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No, I am not taking them the wrong way...The law is twisted, The 1,000 ft rule is Federal and a sentence enhancing law...

Why the state included the law pertaining to CHL is beyond me. No matter what you cannot carry on school premises,even with a CHL.The law was already in place they just confused it....You can walk on the sidewalk all day long past the school open carrying and you are not in the school safety zone..Now if you commit a crime within the 1,000 ft of the school safety zone involving aweapon or drugs then you are guilty of committing the crime within the school safety zone and two years is tacked onto your penalty...

This has many confused..........:banghead:

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