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Need help informing misinformed LEO...

P

Pauly

Regular Member
Joined
Nov 24, 2007
Messages
106
Location
Ravenna, Ohio, USA
imported post

This is part of the thread in my motorcycle forum I frequent. We have a police officer who is a fellow rider and he has engaged in a conversation about open carry. I have attached a copy of the important parts and want to know if there is any advise from the old guys on how to further educate (politely) and hopefully not sit and spin my wheels.

HIS STATEMENT...

Yes you can carry an UNLOADED weapon in Ohio as long as it's not concealed....but why would you want to?
Other that to cause a ruckus, because lets be honest in this day and age you're going to get a lot of unwanted attention.
Click to expand...
MY REPLY...

Absolutely incorrect. I urge you to contact your supervisor on this matter. Ohio state law does not prohibit the OPEN CARRY of firearms except in certain places and buildings. (yes, they can be loaded) You must have a permit to CONCEAL CARRY a firearm. Statewide carry preemption passed last spring and makes all local, city, etc. laws null and void. Basically, state law trumps local law. I can legally walk down Broad Blvd. with a loaded and HOLSTERED .45 on my hip and be well within my rights to do so. As long as that gun is in that holster I am not breaking the law. And I don't want to hear anything about 'disturbing the peace.' State law also reads that open carry isn't disturbing the peace or brandishing.


Unfortunately this is exactly what I was talking about concerning uninformed police officers. This creates a very dangerous situation for all concerned because a man exercising his right to bear arms (PROTECTED BY THE OHIO CONSTITUTION AND UNITED STATES CONSTITUTION) could get arrested, shot and/or killed by an officer who thinks he is doing good. I am not against you in this matter. I am merely stating fact that your interpretation or stance on this issue is incorrect. I encourage you to follow up on this and let me know what you find. You are the one with the power to do harm with the intention of doing good. I would post some links to websites that have state law written but I am sure as a police officer you have even better access to information than I do.
Click to expand...
 
S

SWhetsel

Regular Member
Joined
Jan 26, 2008
Messages
81
Location
Summit County, OH USA
imported post

I may be 100% wrong, but to carry while riding and still have the weapon loaded, dont you have to have your CCW? With your CCW you can open carry or conceal carry while in a vehical. I would think that a motorcycle is the same thing. You can deffinitly OC with the weapon unloaded on a bike, but I think you have to have a CCW to do so loaded. Just how I understood it.
 
BB62

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
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SWhetsel wrote:
I may be 100% wrong, but to carry while riding and still have the weapon loaded, dont you have to have your CCW?...
Click to expand...

Right.

And unloaded on a motorcycle - well, that's another kettle of fish!
 
S

SWhetsel

Regular Member
Joined
Jan 26, 2008
Messages
81
Location
Summit County, OH USA
imported post

Yeah. you could carry it in the holster unloaded and lock the ammo under the seat or in a saddle bag maybe and be legal. ( of course thats black letter law )
 
P

Pauly

Regular Member
Joined
Nov 24, 2007
Messages
106
Location
Ravenna, Ohio, USA
imported post

Motorcycles are treated as vehicles and the carry laws apply. I cannot carry a loaded firearm on my bike unless I have a ccw. This officer was arguing the fact that I can carry a loaded gun on my hip while walking down the street. Basically he was saying open carry is illegal. He has since recanted and said although it is legal it is still stupid. I apologized for wasting his time and left the conversation.
 
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