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Thread: Campbell Ohio (NE Ohio)

  1. #1
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    Angry Campbell Ohio (NE Ohio)

    I recently had an officer tell me it's a felony for me to OC on my own property. It's disappointing that they don't teach them better at the academy.

    This is my response to below:

    I appreciate the reply but I must point out an ORC that preempts those others.
    There is no law within the state of Ohio nor anything in our state constitution
    that prohibits open carry. This is not to say that I could carry it loaded
    within my car as that does require a CCW license, as does any other concealment.

    Have a safe and wonderful day!

    Sincerely,

    The Mozden Family

    http://codes.ohio.gov/orc/gp9.68

    (A) The individual right to keep and bear arms, being a fundamental individual
    right that predates the United States Constitution and Ohio Constitution, and
    being a constitutionally protected right in every part of Ohio, the general
    assembly finds the need to provide uniform laws throughout the state regulating
    the ownership, possession, purchase, other acquisition, transport, storage,
    carrying, sale, or other transfer of firearms, their components, and their
    ammunition. Except as specifically provided by the United States Constitution,
    Ohio Constitution, state law, or federal law, a person, without further license,
    permission, restriction, delay, or process, may own, possess, purchase, sell,
    transfer, transport, store, or keep any firearm, part of a firearm, its
    components, and its ammunition.
    (B) In addition to any other relief provided, the court shall award costs and
    reasonable attorney fees to any person, group, or entity that prevails in a
    challenge to an ordinance, rule, or regulation as being in conflict with this
    section.
    (C) As used in this section:
    (1) The possession, transporting, or carrying of firearms, their components, or
    their ammunition include, but are not limited to, the possession, transporting,
    or carrying, openly or concealed on a person’s person or concealed ready at
    hand, of firearms, their components, or their ammunition.
    (2) “Firearm” has the same meaning as in section 2923.11
    [http://codes.ohio.gov/orc/2923.11] of the Revised Code.
    (D) This section does not apply to either of the following:
    (1) A zoning ordinance that regulates or prohibits the commercial sale of
    firearms, firearm components, or ammunition for firearms in areas zoned for
    residential or agricultural uses;
    (2) A zoning ordinance that specifies the hours of operation or the geographic
    areas where the commercial sale of firearms, firearm components, or ammunition
    for firearms may occur, provided that the zoning ordinance is consistent with
    zoning ordinances for other retail establishments in the same geographic area
    and does not result in a de facto prohibition of the commercial sale of
    firearms, firearm components, or ammunition for firearms in areas zoned for
    commercial, retail, or industrial uses.
    Effective Date: 03-14-2007
    Email from an officer in Campbell:
    I also want to discuss you carrying your firearm. Upon conclusion of the incident the other officer spoke to me with his concerns regarding you openly carrying your firearm. I will admit since the inception of the CCW laws they have changed many times and are sometimes difficult to keep up with. I understand your concern to protect your family and residence but at the same time it is imperative that the law be followed by all, including yourself. The matter was researched and currently Ohio is not an open carry state. You do have the right to own and store firearms in your place of residence however once outside the law has different versions since the inception of the CCW permit.
    Unless you possess a CCW permit you are not allowed to "open carry" a firearm. Or as stated in the Ohio Revised Code a "dangerous ordnance". I have included a copy of the section of the Ohio Revised Code that pertains to this law. Again, unless you possess a CCW permit carrying a firearm is a felony. It varies depending how you are carrying it, either concealed or open, but both are felonies in the state of Ohio. I urge you to cease carry your firearm and in the meantime obtain a CCW permit in order to avoid future issues. Again, thakn you for your concerns and assistance in helping us serve you better.

    Sincerely,
    Ptl. *removed to protect privacy*.


    2923.17 [Effective Until 6/29/2011] Unlawful possession of dangerous ordnance - illegally manufacturing or processing explosives.

    (A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.
    (B) No person shall manufacture or process an explosive at any location in this state unless the person first has been issued a license, certificate of registration, or permit to do so from a fire official of a political subdivision of this state or from the office of the fire marshal.
    (C) Division (A) of this section does not apply to:
    (1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person’s duties;
    (2) Importers, manufacturers, dealers, and users of explosives, having a license or user permit issued and in effect pursuant to the “Organized Crime Control Act of 1970,” 84 Stat. 952, 18 U.S.C. 843, and any amendments or additions thereto or reenactments thereof, with respect to explosives and explosive devices lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;
    (3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the “Gun Control Act of 1968,” 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;
    (4) Persons to whom surplus ordnance has been sold, loaned, or given by the secretary of the army pursuant to 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance when lawfully possessed and used for the purposes specified in such section;
    (5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.
    (6) Carriers, warehousemen, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law;
    (7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit.
    (D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.
    (E) Whoever violates division (B) of this section is guilty of illegally manufacturing or processing explosives, a felony of the second degree.
    Effective Date: 07-01-1996
    This section is set out twice. See also § 2923.17, as amended by 129th General Assembly File No. 9, HB 9, § 1, eff. 6/29/2011.
    2923.17 [Effective 6/29/2011] Unlawful possession of dangerous ordnance – illegally manufacturing or processing explosives
    (A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.
    (B) No person shall manufacture or process an explosive at any location in this state unless the person first has been issued a license, certificate of registration, or permit to do so from a fire official of a political subdivision of this state or from the office of the fire marshal.
    (C) Division (A) of this section does not apply to:
    (1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person’s duties;
    (2) Importers, manufacturers, dealers, and users of explosives, having a license or user permit issued and in effect pursuant to the “Organized Crime Control Act of 1970,” 84 Stat. 952, 18 U.S.C. 843, and any amendments or additions thereto or reenactments thereof, with respect to explosives and explosive devices lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;
    (3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the “Gun Control Act of 1968,” 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;
    (4) Persons to whom surplus ordnance has been sold, loaned, or given by the secretary of the army pursuant to 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance when lawfully possessed and used for the purposes specified in such section;
    (5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.
    (6) Carriers, warehouses, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law;
    (7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit.
    (D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.
    (E) Whoever violates division (B) of this section is guilty of illegally manufacturing or processing explosives, a felony of the second degree.
    Amended by 129th General Assembly File No. 9, HB 9, § 1, eff. 6/29/2011.
    Effective Date: 07-01-1996
    This section is set out twice. See also § 2923.17, effective until 6/29/2011.

    Weapons definitions regarding "dangerous ordnance"

    (K) “Dangerous ordnance” means any of the following, except as provided in division (L) of this section:
    (1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
    (2) Any explosive device or incendiary device;
    (3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
    (4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

  2. #2
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    The Officer lied. There were over a hundred of us Open carrying, spring, last year, there. I suggest you post NAMES and not care about officer's privacy. (Who would do that?)

    Their anti firearms laws they have on the books aren't worth the paper their printed on.

    Campbell is a armpit, I would compare it to Lima.

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    it was two officers. The one who I have been having this conversation with is Ptl Dan Burrich.

    I forgot to add that I also sent him :

    http://www.supremecourt.ohio.gov/rod...-Ohio-6318.pdf
    Last edited by rjm; 06-06-2011 at 01:04 PM.

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    You won't be able to tell them anything. They are making it up as they go. Until someone actually gets charged, they can't be exonerated.

    Chances are, you won't be charged, they are just trying to scare you. Its not illegal for them to LIE to you.

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    Quote Originally Posted by JSlack7851 View Post
    You won't be able to tell them anything. They are making it up as they go. Until someone actually gets charged, they can't be exonerated.

    Chances are, you won't be charged, they are just trying to scare you. Its not illegal for them to LIE to you.

    i realize this. I just find it frustrating that they think everyone is that ignorant.

  6. #6
    Regular Member usamarshal's Avatar
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    Your fukin with us right? Is this really from an officer?

    Does he even realize what the dangerious ordinance code means?...haha...Fail on so many levels its disturbing.
    Last edited by usamarshal; 06-06-2011 at 08:56 PM.

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    Quote Originally Posted by usamarshal View Post
    Your fukin with us right? Is this really from an officer?

    Does he even realize what the dangerious ordinance code means?...haha...Fail on so many levels its disturbing.
    It's sad that the academy isn't educating these individuals better then this is all I can say.

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    screwed himself

    Quote Originally Posted by rjm View Post
    I recently had an officer tell me it's a felony for me to OC on my own property. It's disappointing that they don't teach them better at the academy.

    This is my response to below:



    Email from an officer in Campbell:
    I'm not from Ohio, but according to what the officer posted (and quoted from the "law"), everything is describing the "dangerous ordinance" which was described as:
    (K) “Dangerous ordnance” means any of the following, except as provided in division (L) of this section:
    (1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
    (2) Any explosive device or incendiary device;
    (3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
    (4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

    I don't think a firearm that you can get in gun shop falls under any of these. It is VERY scary that they don't teach them better.

  9. #9
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    I would be contacting the Police Chief and the city attorney tomorrow morning.

    This would get straightened out forthwith.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by JSlack7851 View Post
    The Officer lied. There were over a hundred of us Open carrying, spring, last year, there. I suggest you post NAMES and not care about officer's privacy.
    If Campbell was "ignorant" of Ohio's gun laws before our open carry event, they certainly could not still claim such afterwards. If what the OP in this thread has passed along is correct, a return to that sewage discharge point of a town may be in order.

    For what it's worth, during the march there was a councilwoman who we educated about open carry; she had her concealed carry license already but didn't know about the legality of OC in Ohio. If she is still in office (sorry, don't recall the name) she should be a good ally in this current matter.

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    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

  12. #12
    Regular Member usamarshal's Avatar
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    Thanks for the link...classic...haha

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    rjm Please Read

    rjm, this is a post from Jeff Garvas, President of Ohioans For Concealed Carry:

    "Campbell was advised via their police chief last year:

    http://www.ohioccw.org/files/OpenCarryRally-wv.pdf

    If someone on Open Carry wants to send us the formal communication from Campbell maybe we can have our attorney advise their attorney that they need to have some department wide education on the topic. I think they're in a position to listen."

    Here is the thread about the Campbell lawsuit: http://www.ohioccwforums.org/viewtopic.php?f=3&t=53190

    If you would like me to forward your communication to Jeff Garvas, please let me know. Or, you could sign up at www.ohioccwforums.com and contact Mr. Garvas yourself. Let me know if I can be of any assistance.

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    Brian you might be right. Sounds like Campbell needs some more education. Apparently 70 (I think that's how many of us were there) openly carrying last year wasn't enough.

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    Quote Originally Posted by JSlack7851 View Post
    You won't be able to tell them anything. They are making it up as they go. Until someone actually gets charged, they can't be exonerated.

    Chances are, you won't be charged, they are just trying to scare you. Its not illegal for them to LIE to you.
    Sad but true.

    For some reason, in the last few decades police in America are incapable of admitting they may be wrong about something.

    Not long ago, most LEO's acted like human beings and could speak to you as such.
    Now, its like talking to robots who have been programmed and the operating system they use isn't compatible with common citizens.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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    Read the effective date of this ordinance!

    This was the ordanance qouted by the Cambell Officer. Is this local?

    2923.17 [Effective Until 6/29/2011] Unlawful possession of dangerous ordnance - illegally manufacturing or processing explosives.

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    I saw we ought to do another walk, re-educate them on state laws.

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    This is complete and utter crap. I can't believe they are that stupid. Well, after what has gone on in Canton lately, yes, I can.

    FIRST, if that is a local ordinance cited, local municipalities are not allowed to make anything a felony. That is a power reserved for the state and federal government.

    Secondly, If it's not, they are citing "dangerous ordinance" which has a completely different definition under Ohio law than "firearm".

    If this is absolutely real and correct they need to be set straight right now. OP, send there idiots a copy of the Attorney General's CCW handbook, or a link to it off of they AG's website. Tell these morons to look at page 18. It says explicitly that open carry is a legal activity in Ohio.

    If you are going to enforce the law, you should know the law. I have no tolerance for these ignorant thugs. Stupid, stupid, stupid.

    Chris

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    What became of rjm?

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