Results 1 to 18 of 18

Thread: Ohio definitions of what concealed carry on ur persons

  1. #1
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    What are the OH ORC that describes what concealed carry on your persons is,to define how an un-licensed OC can and cannot carry?

    As I have read the man from Lorain was arrested for a Military Flap Style holster.

    I have read case law that stated a statement like (if its perceived to be a gun it is one).
    99.9 percent of the law I just read in the past 3 hours has no ( CC means blank bank on your persons) statements

    I seriously just read the whole (125th General Assembly)
    (Amended Substitute House Bill Number 12) and everything on law writer that had the word gun in it about OH.
    So any definitions for CC to show how your not supposed to OC sweet.


  2. #2
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,732

    Post imported post

    Bustelo5% wrote:
    What are the OH ORC that describes what concealed carry on your persons is,to define how an un-licensed OC can and cannot carry?

    As I have read the man from Lorain was arrested for a Military Flap Style holster.

    I have read case law that stated a statement like (if its perceived to be a gun it is one).
    99.9 percent of the law I just read in the past 3 hours has no ( CC means blank bank on your persons) statements

    I seriously just read the whole (125th General Assembly)
    (Amended Substitute House Bill Number 12) and everything on law writer that had the word gun in it about OH.
    So any definitions for CC to show how your not supposed to OC sweet.
    There is no ORC definition of OC or CC. As I have told you before the courts have defined it. And it is I know it when I see it.

    Also, I would suggest you not believe anything you read about the Llewellyn case. Let me just say, you get what you pay for.....

  3. #3
    Regular Member
    Join Date
    Sep 2008
    Location
    Ohio, ,
    Posts
    155

    Post imported post

    "Also, I would suggest you not believe anything you read about the Llewellyn case. Let me just say, you get what you pay for....."



    Yea, they just rolled over. Thats why I can't fugure why they knocked the public defender.



    My understanding was there where 2 or 3 lawyers helping that guy & thats the best they could do?


  4. #4
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Anyone else has any other ORC or other language about the definition of CC.

  5. #5
    Regular Member
    Join Date
    Jun 2009
    Location
    Dayton, Ohio, USA
    Posts
    37

    Post imported post

    You aren't listening.

  6. #6
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Well I guess my questions are ridiculous,This post couldnt possible help newbies at all.

  7. #7
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Maybe I just dont understand how the law works and thats ok I just would like some unterstanding and this is my whole point in asking.
    I take it that only the courts have delt with it instead of issuing a law because it is a case by case issue.
    It first occured to me because I was going to buy a m19 holster that flaps over.

  8. #8
    Regular Member
    Join Date
    Jun 2009
    Location
    Dayton, Ohio, USA
    Posts
    37

    Post imported post

    That's exactly what the other posters here have been telling you. We are allowed to open carry. The closest thing you are going to find that says that is ORC 9.68 Right to bear Arms - Challenge To Law or the Preemption Law. Nothing defines what is open carry or concealed carry, only that we are allowed to, with permit for the latter. As someone else already posted, it's up to the judge if you are guilty of concealment when you can only open-carry.


  9. #9
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Well that gives me more understanding,I was wondering why I was looking and read every piece of law that I could and got know where in the definitions of what CC or OC on your persons is.
    I am just trying to be as careful as I can be for the pamphlet that I will be making and would like all of the information as specific as possible.

    So until law is made or judges make ruling on say in the pant holsters M19 military flap,these are the grey area.

  10. #10
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    Most of the relevant Ohio Revised Code sections concerning carrying and transporting firearms are linked here: http://codes.ohio.gov/orc/2923.

    -ljp

  11. #11
    Regular Member autosurgeon's Avatar
    Join Date
    Sep 2008
    Location
    Lawrence, Michigan, United States
    Posts
    3,845

    Post imported post

    Ohio is much like Michigan in that in absence of a law against OC it is legal. We do have laws about where you cannot carry OC but no law that specifically says we can. The Michigan State Constitution says that we have the RIGHT to bear arms in defense of ourself and the state.. while not exctly a law by definition it is the guiding document that has kept there from being a law against OC all these years.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  12. #12
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Thanks for all the feed back. What I am trying to do is find something in the law that says how you cannot carry on your persons. I want the pamphlet I am working on with direct pictures of how you Can and Cannot OC on your persons.
    I have ripped through all the law I can and cannot find anything.
    So just like what happened to that guy in Lorain dosent happen to any Noobs who may or may not be in the service use there Military holster and get arrested for something stupid.
    I know the law does not deal with absolutes but there must come a time when Oh law defines what CC is so the OC can have the freedom it is ment to have with out interference.

  13. #13
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,732

    Post imported post

    State v. Bowman (1992), 79 Ohio App. 3d 407, 412, 607 N.E.2d 516
    In order to support a conviction of carrying a concealed weapon, it is not necessary to prove that the weapon was carried in such a manner or in such a location as to give absolutely no notice of its presence under any kind of ordinary observation; rather, it is sufficient to prove only that ordinary observation would give no notice of its presence.
    State v. Coker (1984), 15 Ohio App. 3d 97, 98, 472 N.E.2d 747
    It is not necessary to prove that the shotgun was carried in such manner or in such location as to give absolutely no notice of its presence under any kind of observation. Rather, it is sufficient to support a conviction of carrying a concealed weapon to prove only that ordinary observation would give no notice of its presence. This is a question of fact to be resolved by the trier of fact. There must be an evidentiary basis established by the proof upon which the jury could find that the weapon was concealed.
    State v. Bruening, 2007-Ohio-6982.
    {¶ 10} Thus, the elements of carrying concealed weapons are: (1) no person shall (2) knowingly carry or have (3) concealed on his person or (4) concealed ready at hand (5) any deadly weapon or dangerous ordnance. Bruening argued that there was no evidence that he ever concealed the gun. A weapon is concealed if it is situated so that ordinary observation would give no notice of its presence. State v. Bowman (1992), 79 Ohio App. 3d 407, 412, 607 N.E.2d 516; State v. Coker (1984), 15 Ohio App. 3d 97, 98, 472 N.E.2d 747.

    {¶ 11} We agree with Bruening, and find that the record is devoid of any evidence that either establishes or creates a reasonable inference that Bruening concealed the gun...
    At this point this thread needs locked. There is nothing else to discuss.

  14. #14
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887

    Post imported post

    Bustelo5% wrote:
    Thanks for all the feed back. What I am trying to do is find something in the law that says how you cannot carry on your persons. I want the pamphlet I am working on with direct pictures of how you Can and Cannot OC on your persons.
    I have ripped through all the law I can and cannot find anything.
    So just like what happened to that guy in Lorain dosent happen to any Noobs who may or may not be in the service use there Military holster and get arrested for something stupid.
    I know the law does not deal with absolutes but there must come a time when Oh law defines what CC is so the OC can have the freedom it is ment to have with out interference.
    Are you really s-l-o-w, or are you a troll??

    Have you read ANY threads on OCDO other than the ones you have started?

    If so, you would have quickly come to the understanding that everything is not fully and completely spelled out in the law - of any state.

    IF, IF you hadread thread after threadhere you would have also come to the conclusion that even if you were carrying your handgun in a clear plastic holster, while wearinga T-shirt that read (front and back) "I AM OPENLY CARRYING A HANDGUN ON MY RIGHT HIP", with an arrow pointing to it, that you might still be stopped and possibly arrested for disorderly conduct or inducing panic. You might even be arrested for concealed carry!

    IF you had read any number of threads at all it would be evident to you that these kinds of things happen all over the US - regardless of the general gun-rights climate in the state in question.

    Just what is it about laws that do not define every nuance, or cops who enforce their biases (or their ignorance) that you don't understand????

    You are NOT going to be able to open carry without "interference". Accept it. What you can do is decide that you will carry and deal with the "interference" as it arises. Nothing, I repeat NOTHING will provide the magic talisman you are looking for.

    If you don't want the hassle, then don't OC. No harm, no foul, and we all understand that OC isn't for everyone.

    A final example... when concealed carry became law in Ohio, one of the legal means of carry in a vehicle was "in plain sight, in a holster on the person's person" - no definition of "plain sight" was provided.

  15. #15
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    Thats for your reply BB62 as I have replied and edited from what I have discussed with others on this post.Next time I would appreciate if you would reply as to the post and not to me or on your part as you have said me being slow,pretty petty and childish.
    Secondly As I wrote Interfernce was a bad choice of words on my part,but in any case keep on bar-aiding my questions and replies to things I have discussed. If I ask questions and find out I am wrong I will admit to thiat fine,Im not trying to come off as some know it all and I have admitted that I was not in the understanding of how the law works.
    So dont be a dick,be cordial and informitive.Hey and I have prob really appercitaed comments you have placed on my or others posts.Thanks

  16. #16
    Regular Member
    Join Date
    Jun 2009
    Location
    Dayton, Ohio, USA
    Posts
    37

    Post imported post

    Bust,
    They are getting frustrated and angry because they have posted this over and over and you ask the same question again. You are getting frustrated that we cannot give you the magic bullet (sorry for the pun) that will allow you to document for others how to OC or CC. That is because it isn't possible!

    As everyone has already pointed out, if someone deems that your OC is not in reasonable sight so that someone doesn't notice it, you are guilty of CC. Well crap. I have had tons of people completely ignore the fact that I have a gun on my hip. One person on noticing it, jumped like it was an insect and I had been standing with them for the better part of 30 minutes. The public is blind and we can be punished for it!

    So having said all of this, if you post again asking the same already answered questions, people are going to assume that you are just trolling, trying to get your post count up, or missing a few dogs from under the porch.

    My best advice is not to be troubled by the fact that they are getting angry that you are totally disregarding what they have said or have some how failed to understand what they saying. I'm not the sharpest tool in the shed but I think they have answerd the best way possible. You are *not* going to get a different answer by asking again or a different way. It is simply *not* defined the way that *you* would like it to protect your butt. It doesn't exist. Now work to change it.

  17. #17
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    DEAD POST

  18. #18
    Regular Member
    Join Date
    Apr 2009
    Location
    kent, Ohio, USA
    Posts
    474

    Post imported post

    PLEASE LOCK

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •