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:
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;
