2 Open Carry Experiences in South Euclid, Ohio

imported post

I just Open Carried for my second time in the China Buffet in South Euclid, Ohio. I was dressed up professionally as I just came back from court in a custody hearing. When I walked in the China Buffet and there was about 5 cops having lunch. I said hi and minded my business. I'm pretty sure they saw the gun because I passed their table like 10 times making trips to the buffet. No one approached me and I paid and left. Maybe they thought I was a cop?

The first time was about a week ago I wentinto Giant Eagle to go shoppingfor my grandmother. Isemi-open carried. I was wearing a hooded sweat shirt that was grey andI made sure the sweat shirt was tucked undermy blackhawk serpa holster so I wasn't concealing. I thinkmy glock blended in withmy grey sweatshirt which made it less obvious. I am making progress. I just don't want to pay thousands in legal fees if I getarrested.

imported post

Good to hear. Maybe they read the attorney general's pamphlet.

As for attorney's fees, you can pay hundreds for a public defender, if it comes to that (they aren't free), but they are usually strictly "let's make a deal (because I don't get paid any extra for putting forth any extra effort)" arrangements.

-ljp

imported post

It seems to be everyones fear.....that is being arrested while OC'ing...which isnt against the law. So I'm curious, has anyone taken a dept or city to the bank on a suit of unlawful arrest because of this happening? One would think it would be an open and shut case in court.

I've been doing it on and off now for a little while and yeah, still a little cautious and worried about an uneducated or arrogantofficer arresting me. Youre not alone.

imported post

freedom_fighter777@hotmail.com wrote:

The first time was about a week ago I wentinto Giant Eagle to go shoppingfor my grandmother.

Click to expand...

If that was the Giant Eagle in South Euclid, you're lucky the manager didn't see you. She called the police on this guy and he wasn't even open carrying at the time.

http://ohioccwforums.org/viewtopic.php?f=6&t=23135

imported post

am not sure what everyone was being told but I had some mixed signals as to whether or not OHIO was an open carry state or not.....never had gotten the cajones to even try because even with CCW, I was warned by local PD, no matter what, "inducing public panic" is against the law.....

imported post

CCW_with_M1911 wrote:

am not sure what everyone was being told but I had some mixed signals as to whether or not OHIO was an open carry state or not.....never had gotten the cajones to even try because even with CCW, I was warned by local PD, no matter what, "inducing public panic" is against the law.....

Click to expand...

Well then, don't "induce public panic".

imported post

wow....what a smack in the face.....!!

I gathered from reading the rest of the entries in this forum, that arresting someone solely for "inducing public panic" just because someone called and complained of them having an exposed firearm is a violation of that person's rights as well.....

I was warned though just after obtaining myCCW that, if someone calls, I will be arrested and sent to jail....."inducing public panic".....

now, is this open carry law new or has it always been that way....?

second question is, the term "analogous open carry"...means.....open carry only after obtaining CCW....or.......?

imported post

Look up the section of the ORC where "inducing panic" is defined. While you're doing that go ahead and print it out, it can be handy to have it with you during law enforcement encounters.

What you'll see is that while the police may try to use that staute as a catchall for dealing with folkswhose activities, looks, etc. theydon't approve of, the actual wording is very specific.

And I think you've got 'analogous' mixed up with 'anomalous' in the latter part of your post. Open carry in Ohio is allowed in most circumstances, but not while in a motor vehicle, unless the person toting has a concealed carry license. That rather large exception is the 'anomaly' being referred to,I believe.

imported post

Thank you Sir.....

I pride myself on trying to be one of the most connected, up-to-date and informed person and the more and more I read/learn, the less and less I feel I know.....

always nice to hear from someone willing to overlook my sometimes ill phrased(?) comments or questions to see through them and give me the answers I am looking for...!!

imported post

CCW, those two words are very tricky, I had to double check the spellings and definitions of both before making my post!

imported post

I was detained in the city park in Englewood, OH in August of 2007 for Open Carry. I was told I would be arrested for Inducing Panic and Disorderly Conduct. When I confronted the officers with logic and my knowledge of the ORC on weapons carry, they immediatly starting back peddling and doing damage control.

They had an unenforceable ordinance and they knew it, but they still tried to intimadate me with the IP and DC charges to get me to leave the park. I stood my ground and they realized the picked on the wrong person.

Now I knew I wasn't going to win the war there on the street, so I comprised with the officers and agreed to carry concealed ( I do have my CHL) the rest of my time in the park.

Went to see the city manager about the unlawfully detention and the threats of arrest. Well to make a long story short after getting no where with the Police or City Council, I obtained legal counsul and the City ended up changing the ordinance.

You may now carry OC or CC in the city parks of Englewood, OH.

But I am still in the legal process of suing them for my Rights Violation, in attempt to get back all of the money I spent on legal fees.

As to your second question, there are no Ohio Revised Codes that say you CAN open carry. Ohio laws tell you what you can't do. Article 1 Sec. 4 in the constitution of the State of Ohio says you are allowed to keep and bear arms.

In the desenting position in Klien vs. Leis 2003, the OSC judge stated that Concealed Carry was not a constitutionally protected right because the Ohio constitution allowed the Open Carry of firearms. Kind of a backword approval, but an affirmation that Open Carry is legal, none the less.

The only mention of Open Carry in the ORC that we have been able to find is in ORC 9.68. This was the pre-exemption code, which just told the local legal eagles you cannot impose any laws more restrictive then what the state does. It mentioned this was for both Open and Concealed carry.

Also in the new AG Concealed Handbook on page 18 the AG states that Concealed Carry laws do not effect Open Carry and that OC is a legal action in this state.

Hope this helps.

imported post

thank you, thank you, thank you....

I think I should mention, in addition to what I said before about the more I read and learn the less I feel I actually know.....that....another neat thing I am finding is that we, the public, the real law, the holders of the control of our destiny, have come together and bound together as one.....and it feels GREAT...!!

signed, ME

MM1, USN Retired, FF, EMT, STNA, County HazMat Tech........believer in supporting and serving the Nation, community and our way of life....especially the one I live in...!!