First time Open Carry in Akron, OH

JSK333 · Jan 27, 2008

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Thanks for the reports from our "north!" It's nice to hear that there are at least a few places up there that don't care. From some other people's general stories, I've tended to get the impression that it's fairly socialist up there, butI have no personal experience with carrying there so I don't know! Good to hear it first hand.

I think you'll find LEOs vary just as wildly as in any profession. You'll have some that take their job very seriously, read up on the relevant info (like law, etc.), and others that couldn't care less. Then the majority are probably somewhere between those two. Sounds like you found one from somewhere near each end of the spectrum!

SWhetsel · Jan 28, 2008

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No problem, I enjoy posting on my encounters. Is anyone else on this forum from the Akron area? I was thinking of going to the local police offices with this memo from Akron and asking them if they have handed out something similar to their LEO's. Just wondered if anyone has tried this or done so in my area already.

Pauly · Jan 28, 2008

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Welcome!! Obviously my name is Paul. I live in Ravenna and have been trying to work the courage to OC for some time now. The only real hitch I have is transport. I am scheduled to take my ccw February 16 so I will finally have that 'under my belt.' (sorry, had to do it) I just want you to know I am glad to see someone so close to my town that is here and is OC'ing. I will tell you now you are my new hero. I will be picking your brain and paying attention to your posts to learn as much as possible. I also downloaded your PDF document for reference. Thanks again and nice to meet you.

SWhetsel · Jan 28, 2008

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Nice to meet you as well, I too am just waiting on my CCW to go through to help with the whole "transportation" issue, however.... While reading the laws on weapon handling in a vehicle, I took it as you ARE allowed to carry the weapon on your person as long as its openly carried, not loaded, and the ammo is seprate.

HB 347

Sec. 2923.16.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

To me, a "holder made for the purpose" is a holster. So I have been taking the mag out of the weapon when I get in my car and locking it my glove box untill I get to my destination. Then I simply insert the mag back into the pistol. (I havent been chambering a round to keep this simple, plus I know I can draw and chamber from a holster quick enough) Perhaps this will help you untill you get your CCW and dont have to worry about unloading.

BB62 · Jan 28, 2008

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SWhetsel wrote:

...So I have been taking the mag out of the weapon when I get in my car and locking it my glove box untill I get to my destination. Then I simply insert the mag back into the pistol...

You could be in for big trouble if you are found doing so.

In our Ohio court's infinite wisdom, doing as you do could be construed as "ready at hand" or in other words "constructively loaded". By black letter law, you're fine, but what really matters is courts' interpretation of what ought to be clear.

There are far too many twists and turns for me to cover here, but there are articles at Buckeye Firearms Assn., and forums at Ohioans for Concealed Carry where you can search on just such matters.

Be careful!

SWhetsel · Jan 28, 2008

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I figured that if it was in a locking glove box where I would need to shut off my vehicle in order to access the mag (meaning turning it off, removing the key, inserting the key in the glove box, and unlocking it.) was what by law was considered a "locked box". It says something about a locked container that as you stated above isn’t accessible. (which it isn’t unless you are stopped and have the keys out of the ignition)

But you are right, I know that the law can be twisted in either a manor that helps OR hurts you. Hopefully in another 2 weeks I'll have the CCW and it wont be an issue.

JSK333 · Jan 28, 2008

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The "ready at hand" clause is part of the concealed carry statute, not improper transport.

The recent OSC decision affirming the law is written as stupidly as people think, had one justice give his opinion on one way to comply with the law: lock the slide open, with the handgun on the seat in plain view, and then keep the loaded mag separate, like on your person (I actually did this before my CHL).

Since the "slide locked open" is one of the options, just like "secured in a holder made for the purpose" is too,you should be fine doing what you're doing.

Back when I first started researching this, a poster on glocktalk.com called RickD used to relate what the Ohio Highway Patrol were trained was legal back in the '80s I believe: basically, exactly what you are doing, except even further the mag could be on your person too, just not in the gun.

Of course, that is only hearsay and from a long while ago, but it reflects that recent OSC decision and what the law appears to clearly say. The problem is when you are concealing the unloaded handgun (like in a case), that is when the laws conflict.

Pauly · Jan 29, 2008

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That is why I am getting the conceal carry. The laws on vehicle transport are way too foggy and I don't trust the judicial system to look out for my interests if I am stopped. I simply leave it at home unless I am going to the range. In that case I keep the pistols in one locked box and the ammunition/clips in a seperate locked box. If that isn't legal then God help us all. :banghead:

Butlerite · Feb 10, 2008

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Now if only us folks from PA that frequently go into Ohio (Akron) could get a non-resident license.. Oh well. I end up putting the mag in the trunk and the firearm (Bersa) in a locked box in the back seat.

SWhetsel · Feb 10, 2008

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No CHL's in PA I take it?

Butlerite · Feb 11, 2008

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SWhetsel wrote:

No CHL's in PA I take it?

I have a LTCF (License to carry Firearms) but it is not valid in Ohio (no reciprosity). Strange. WV has reciprosity with both Ohio and Pennsylvania, but Ohio and Pennsylvania to not have reciprosity with each other....maybe one day.

SWhetsel · Feb 11, 2008

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Ohh bummer, I didn't know PA and OH didn't work together. Too bad is right, I wonder if there is a petition we can start and send to PA and OH reps both to get that fixed.

JSK333 · Feb 11, 2008

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SWhetsel wrote:

Ohh bummer, I didn't know PA and OH didn't work together. Too bad is right, I wonder if there is a petition we can start and send to PA and OH reps both to get that fixed.

Not unless OH changes its law. It currently requires the relevant CHL laws of the two States to be "substantially similar."

PA, with its ease of getting a license, including no fingerprinting or training requirements, is much different than OH.

freedom_fighter777@hotmail.com · Mar 12, 2008

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Do you want to OC sometime I'm in Cleveland and I don't want to do it by myself.

SWhetsel · Mar 13, 2008

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Sure. I worked in cleveland yesterday, and I am for most of this next week. I have been openly carrying all week up there. You should start a new thread and set up a date. Then make it an brunch event or something. Why just take two people when you can take 10 or more! (plus who doesnt love brunch!) Hope to hear from you soon.

Pauly · Mar 13, 2008

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SWhetsel wrote:

Ohh bummer, I didn't know PA and OH didn't work together. Too bad is right, I wonder if there is a petition we can start and send to PA and OH reps both to get that fixed.

Easy fix. Click the link below and apply for a PA out of state permit. This wil also cover you in Georgia since we don't have reciprocity there either.

http://www.co.centre.pa.us/sheriff/license_application.htm

Sword · Mar 13, 2008

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Great link and post Pauly. But damnit, now I have another thing on my to do list.
Tanx for the info anyhow. :lol:

SWhetsel · Mar 13, 2008

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Thanks man! I am adding that to the to-do list as well.

freedom_fighter777@hotmail.com · Mar 13, 2008

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If you want to set up a time we could meet give me a call (850) 294-3287.

Bustelo5% · Apr 22, 2009

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Thank you for this post I live in Kent and am in the Chapel Hill area alot. I am very new to Open Carry and I will be begining to research buying a 9mil pistol and open carry and do not want to be naive of the laws and ignorance of them in our area.
thanks bustelo

First time Open Carry in Akron, OH

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