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Thread: Ohio AG's concealed carry handbook: open carry is legal & not regulated by concealed carry laws

  1. #1
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    "Open Carry

    Ohio’s concealed carry laws do not regulate “open” carry of firearms.

    If you openly carry, use caution.
    The open carry of firearms is a legal

    activity in Ohio." Ohio's Concealed Carry Law at 18, August, 2008, available at http://ag.state.oh.us/le/prevention/...8_ccw_book.pdf

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    This statement isn't really that big of a issue, AG's in the past have stated that OC is legal. One AG even published an opinion on the fact that a citizen doesn't lose their right to OC just because they get a Ohio CHL.

    Now if the AG would have come out and said something about OC'ing does not meet Inducing Panic or Disorderly Conduct charges that would have been a major step forward.

    That's what the major problem in Ohio is atm.

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    Regular Member reefteach's Avatar
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    Lthrnck wrote:
    This statement isn't really that big of a issue, AG's in the past have stated that OC is legal. One AG even published an opinion on the fact that a citizen doesn't lose their right to OC just because they get a Ohio CHL.
    Did this happen in Ohio? I have never heard about it. Got a link?

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    Accomplished Advocate color of law's Avatar
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    2917.31 Inducing panic. (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
    (1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;
    (2) Threatening to commit any offense of violence;
    (3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.


    If (A) happens, then it must happen because (1), (2), and/or (3) occurred. (1) and (2) are straight forward. But, (3) is not so easy to prove. (3) says that the person must commit any offense. But, that offense must be committed with reckless disregard. And that offense that was committed with reckless disregard must cause serious public inconvenience or alarm.
    An offense is a crime. Without a crime (3) does not apply.
    If a crime did happen than it must be with reckless disregard. Reckless disregard means the crime was meant with malice, you intended to commit the crime.
    But, even if you intended to commit a crime, did the crime cause serious public inconvenience or alarm. Serious means great or momentous. Being scared and not running away is not enough to cause panic.

    Open carrying is a constitutional protected right. And doing so cannot induce panic.


  5. #5
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    Go to the Ohio AG's site, under Concealed Carry and look for Opinions.

  6. #6
    Regular Member reefteach's Avatar
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    Lthrnck wrote:
    Go to the Ohio AG's site, under Concealed Carry and look for Opinions.
    I am there

    http://www.ag.state.oh.us/le/prevent...arry/index.asp



    There is only one opinion. and it does not mention OC:

    http://www.ag.state.oh.us/legal/opin...7/2007-039.pdf

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