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Thread: Private Property OC & CC

  1. #1
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    Private Property OC & CC

    I own a small place in the country (48 acres) and OC/CC on my own property. Are there any restrictions on doing this? There's usually a varmint gun racking up in the Mule when I am out and about, but I also sometimes carry a sidearm, and sometimes it might be considered concealed. I have always assumed that in my house and on my property I can carry with impunity. What are your opinions, experiences or references?

    Thanks.

  2. #2
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    The ODNR can go anywhere they feel that Ohio Game laws may be violated. If your carrying concealed you will need to have a permit and inform. There's nothing in the ORC that excludes you from carrying concealed with out a permit, on your property or not. If your approached CC by any LEO and don't have a permit, its up to you weather or not to inform. You could get away with it, or get busted for 2 violations. There's no restrictions on the Mule, unless your stopped on the public highway, loaded. (disclaimer:IANAL)

  3. #3
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by JSlack7851 View Post
    The ODNR can go anywhere they feel that Ohio Game laws may be violated. If your carrying concealed you will need to have a permit and inform. There's nothing in the ORC that excludes you from carrying concealed with out a permit, on your property or not. If your approached CC by any LEO and don't have a permit, its up to you weather or not to inform. You could get away with it, or get busted for 2 violations. There's no restrictions on the Mule, unless your stopped on the public highway, loaded. (disclaimer:IANAL)
    I'm not intending to poke a stick in your eye, but finding of facts and conclusions of law would be helpful. Carrying a pocket knife in your pocket could be construed as a concealed weapon, though it's not a handgun. If the cop knocks on my door and I answer, do I notify? I think not. Just because I'm cutting my grass means I have to inform? Again, I think not. IMO....
    So again, finding of facts and conclusions of law would be helpful.

  4. #4
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    So, even in my own home I cannot carry concealed? Or are you saying I have a duty to notify anyone coming to my door that identifies themselves as LEO? What then -- can he take my gun from me while he asks about a dead cat in the road? Must he give it back, or will I end up in handcuffs for having a gun covered by my shirt while in my own home?

    This really goes counter to the freedoms I believed I had. But that is exactly why I am asking the questions.

  5. #5
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    After re-reading the ORC 2923.12, it seems quite clear that this entire section does not apply to a person's own house. That would negate the requirement to inform LEOs as well.

    (C)(1) This section does not apply to any of the following:

    (d) A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of section 2923.11 of the Revised Code, in the actor’s own home for any lawful purpose.

    (D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:

    (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.


    The "section" means the entirety of ORC 2923.12. That would include the duty to inform LEO. In fact, this duty only pertains to those who actually have a CC permit:

    (B) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code shall do any of the following:

    (1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

    (2) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

    (3) If the person is stopped for a law enforcement purpose, if the person is carrying a concealed handgun, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, pocket, or other place in which the person is carrying it, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;

    (4) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

  6. #6
    Accomplished Advocate color of law's Avatar
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    The term "home" is not defined under title 29. Does the term "home" only include the "house" and not the yard? The "cartilage" is the extension of the "dwelling house." ORC 2901.05 defines “Residence” and “Dwelling.” Blacks law defines "home" as "dwelling house."
    What is in a definition????? A lot!!!!!!

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