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Thread: Thoughts on legality of OC

  1. #1
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    Just a few points to ponder if I may:

    1.Yes,you can OC inOhio. But not because the ORC says it's legal. You can do it because the ORC does not say it is illegal. Reread that last sentence... it is a subtle but important point that is lost on many people.

    Here's the deal... all of our laws are prohibitive in nature. Laws do not allow you to do things... they disallow you from doing things. You can do anything you want as long as there is not a law that says you can't. This is true for any action. There is not a law in Ohio that says you can't chew gum on the street corner, therefore you can. There is not a law in Ohio that says you can't open carry, therefore you can.

    So when someone asks, "Is it legal for you to open carry?" simply respond, "There is no law that says I can't, therefore I can." Let 'em chew on that a while.

    2.An LEO cannot arrest you on inducing panic (IP) chargesfor simply open carrying. (Well, I guess they can, but the charges won't stick.) In order for an IP charge to stick, they have to prove you were threatening violence, spreading a false warning that a disaster is about to occur, or recklessly doing something that (if it went wrong) could put people in danger. If you're peacefully open carrying, it is impossible for any of these to occur.

    3.Some people may not know this, but it is possible for you to bring federal charges against an LEO who arrests you for peacefully open carrying in Ohio. It's called Deprivation of Rights. One is a civil charge, the other is a criminal charge. Here's the location for both ofthem. Feel free to look them up:

    Civil action for deprivation of rights

    U.S. CODE > TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

    § 1983. Civil action for deprivation of rights


    Criminal action for deprivation of rights

    U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

    § 242. Deprivation of rights under color of law



    It wouldbe wise to print both of these out and keep them on you person if you OC. If an LEO threatens to arrest you for open carrying, show him both federal laws that cover Deprivation of Rights, and inform him that arresting you would not be a smart career choice on his part. If he's smart he'll think twice about arresting you.

  2. #2
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    Actually just check ORC 2921.45.

  3. #3
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    Thanks... wasn't aware Ohio had a law, also!

    So it looks like there are two federal laws that cover it, and one state law. That's a good thing.

  4. #4
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    Awesome on the deprivation of rights. Thanks for the references to the specific codes.

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