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Thread: Quick Question

  1. #1
    Regular Member 1MOA's Avatar
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    Quick Question

    I am new to the "open carry" laws of any state and did not previously know about them until today. That being said, I am in the Military on Active orders out of my state of residence...
    Is it still legal for me to open carry with out a Concealed Carry License even though i am not a resident of state i am living in?

    Thanks in advance!

  2. #2
    Accomplished Advocate color of law's Avatar
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    You don't have to be a resident of the state to open carry. I use the term resident loosely. You know that without a CCL you cannot carry in your car...

  3. #3
    Regular Member 1MOA's Avatar
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    Yes, i did know about the concealed in car stuff but thanks! I am looking to get my Concealed handgun license for ohio anyways, anyone know a price range on the fee to get this licence?
    Thanks

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    more questions

    Quote Originally Posted by color of law View Post
    You don't have to be a resident of the state to open carry. I use the term resident loosely. You know that without a CCL you cannot carry in your car...
    Ok. I understand you can not carry in the car. But if you open carry can you carry into Restaurant that serve alcohol. I guess my question is do you follow the same conceal carry laws? Also I would assume you have to check city Law in regards to open carry?

  5. #5
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    I could be wrong and someone correct me if I am. But I believe the law is that a firearm or weapon cannot be brought into a restaurant that serves alcohol in Ohio, regardless of how it is brought in.


    I believe there is still some legal question as to whether some of the concealed carry laws apply to OC. I think you would have to look as to whether the orc specifically says "concealed carry" or "firearm" , as open carry isn't specifically referenced in Ohio law that I am aware of.
    Last edited by trooper46; 01-29-2011 at 10:32 PM.

  6. #6
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    Quote Originally Posted by broker32 View Post
    Ok. I understand you can not carry in the car. But if you open carry can you carry into Restaurant that serve alcohol. I guess my question is do you follow the same conceal carry laws? Also I would assume you have to check city Law in regards to open carry?
    There are a few places where Ohio law prohibits all forms of carrying and other places where only concealed carrying is prohibited.

    Ohio Rev. Code 2923.121 prohibits the possession of a firearm "in any room in which any person is consuming liquor in premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued."

    Pending legislation, HB 45, would exempt concealed handgun license holders who are not drinking from that section. The Buckeye Firearms Association and Ohioans for Concealed Carry have more information about this bill. However, for now, any bar or restaurant that sells alcohol is strictly off limits, regardless of whether a person is carrying concealed or openly.

    Ohio Rev. Code 9.68 fully preempts all local ordinances.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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