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Emails from Hamilton County Sheriff

trooper46

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Jun 21, 2010
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Thought this was interesting. The first email is very polite, informative and helpful. The second email from the actual public relations guy is much more threatening.


Email I sent


Dear Sir or Ma'am,

Thank you for taking the time to read this inquiry. I have recently moved to northern Kentucky, just across the river from Cincinnati. While living in Kentucky, I normally openly carry my personal side arm in a holster. After researching Ohio guns laws, it appears to me there that open carry is legal in Ohio as well. However, I have heard from friends and others that law enforcement in Cincinnati are often not aware of this and that I could face harassment.

I was hoping you could verify for me that open carry of a legal fire arm is legal in Ohio and that Hamilton county police are aware of it's legality. I am a member of the military and in the summer I prefer to open carry for comfort reasons while retaining the ability to defend myself.

your assistance would be greatly appreciated


1st emailed response:

Your email to Steve Barnett of this office has been referred to me for response.

Thank you for your military service.

In general, it is not illegal in Ohio to carry a non-concealed handgun in a holster in public. You should be aware, however, that there are a great many places in Ohio where it is illegal to carry a handgun, concealed or not. For example, handguns may not be brought into courthouses, city, county, state or federal buildings, schools, bars with schedule D licenses and in any place where the owner/proprietor has posted "no firearms" signs.

You should also be aware that transporting a loaded firearm in a vehicle that is accessible to the driver or passenger without leaving the vehicle is a violation of Ohio law. An unloaded firearm may be transported in a vehicle if it is in a closed package, box or case, in a compartment that can be reached only by leaving the vehicle or is in plain sight and secured in a rack or holder made for the purpose.

Because there are approximately 48 separate and distinct law enforcement agencies within the confines of Hamilton County. I am unable to verify, as you request, that all law enforcement in Hamilton County are aware of the legality of carrying a displayed firearm.

As to the potential for harrassment of which you speak, and while not a legal opinion and without any first-hand knowledge of such a situation, I offer the following observation: While openly carrying a legal firearm in public is certainly legal and within your rights, such a practice remains unusual. It's not uncommon for citizens to call a local police agency to report their sighting of unusual activity - a publicly armed person, for example - and for police to respond to make inquiries. While the firearm-carrying citizen might consider that harrassment, the responding officer is considering his activity to be reasonably responding to the concerns of another citizen.

If you have other inquiries, don't hesitate to make them via email or at 513-946-6611.

EDWIN H. BOLDT
SHERIFF'S COUNSEL


2nd emailed response (this came at random a month later by the actual public relations guy) no greeting, sig or anything other than this line:


Open carry itself is not against the law in Ohio; however, should you cause alarm to citizens you could be charged with inducing panic or, depending on the facts, disorderly conduct. Plus, all gun carry is restricted in many areas



My two cents: I really doubt a jury will convict a law abiding citizen with a clean record, let alone an active duty officer in the military for legally carrying his personal side arm of those charges. I'm curious if this has actually occurred, let me know if i'm wrong in my doubts.
 

zack991

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Jul 29, 2009
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Ohio, USA
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Does not surprise me, if you choose to open carry like I do, I have my CCW/CHL so i can carry in the car without all the hassle. I have had only a few police give me issue, I would advise a tape recorder to be carried just like another magazine, it can be a great tool for a lawyer to use on your behalf. I have never be arrested for carrying openly and it is best to figure out what and how much you will speak with the police before they ever stop you. Practice saying it so you do not say something you do not intend do to the excited environment.

Understand the law and recite what you feel is necessary but do not get into a pissing match with the police you will loose that battle.

If they are going to violate your rights, make sure your recording them on tape saying what they are attempting to do and what probable cause they have to do it. That way it can be used against them in court, it will make your tape a golden egg Make sure you buy one that is PW protected, not saying they will delete the file of the incident, but "accidents"happen when you catch them crossing the line.
 

rottman43055

Regular Member
Joined
Sep 9, 2008
Messages
158
Location
Ohio, ,
I for one get sick of the "inducing panic" threat by LE. A lawful activity in a responsible way is not inducing panic.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
...2nd emailed response (this came at random a month later by the actual public relations guy) no greeting, sig or anything other than this line:

"Open carry itself is not against the law in Ohio; however, should you cause alarm to citizens you could be charged with inducing panic or, depending on the facts, disorderly conduct. Plus, all gun carry is restricted in many areas."
Maybe this clown would like to read the attached document, AND the Inducing Panic (2917.31) and Disorderly Conduct (2917.11) laws.

http://codes.ohio.gov/orc
 

Attachments

  • hamiltoncounty.pdf
    45.3 KB · Views: 221

drewsifer

Regular Member
Joined
Jul 12, 2010
Messages
12
Location
Zanesville, OH
2917.31 Inducing panic.

Inducing Panic when you are following the law? When the officer had me at gun point for walking on the side walk to a friends house while open carrying that is inducing panic!
 
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