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Thread: Open carry in ohio, is carrying a loaded handgun in ohio legal for open carry

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    Smile Open carry in ohio, is carrying a loaded handgun in ohio legal for open carry

    Im 19 and have 2 handguns i am wondering if it is legal in the state of ohio to open carry a loaded firearm or not im new to this open carry if it werent for a ccw holder i wouldnt even know that open carry is legal any help would be much appreciated

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    Founder's Club Member - Moderator Grapeshot's Avatar
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    Quote Originally Posted by Daniel M. View Post
    Im 19 and have 2 handguns i am wondering if it is legal in the state of ohio to open carry a loaded firearm or not im new to this open carry if it werent for a ccw holder i wouldnt even know that open carry is legal any help would be much appreciated
    Welcome to OCDO Daniel.

    Yep. it's legal.

    Careful to not OC in a vehicle though - that won't be legal for you.
    http://www.opencarry.org/oh.html
    Old and treacherous will beat young and skilled every time.

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    ok thanks so much grapeshot

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    Quote Originally Posted by Daniel M. View Post
    Im 19 and have 2 handguns i am wondering if it is legal in the state of ohio to open carry a loaded firearm or not im new to this open carry if it werent for a ccw holder i wouldnt even know that open carry is legal any help would be much appreciated

    although i am new here and came to find out the answer to the same question that you asked and have found out that it is legal to open carry in ohio, i do know that it is ILLEGAL to own a handgun for any person under the age of 21 in the state of ohio. so i wouldnt recommend carrying those pistols on you sir.

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    Well,,,

    Quote Originally Posted by jondjames View Post
    although i am new here and came to find out the answer to the same question that you asked and have found out that it is legal to open carry in ohio, i do know that it is ILLEGAL to own a handgun for any person under the age of 21 in the state of ohio. so i wouldnt recommend carrying those pistols on you sir.
    You still have much to learn!!
    In Ohio you can OC at 18!!
    There must be a legal for an 18yo to have a gun,
    probably through a private sale.
    you can not buy a pistol through an FFL in any state until you are 21!
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    Quote Originally Posted by jondjames View Post
    although i am new here and came to find out the answer to the same question that you asked and have found out that it is legal to open carry in ohio, i do know that it is ILLEGAL to own a handgun for any person under the age of 21 in the state of ohio. so i wouldnt recommend carrying those pistols on you sir.

    Please provide a cite to support "it is ILLEGAL to own a handgun for any person under the age of 21 in the state of ohio."

    This would seem to disagree with you.... Looking at 2923.21 the ownership and possession of a firearm by one under 21 is addressed in several sections. A1, A3, A4 all make it illegal to sell or furnish to one UNDER 18 or with the intent to sell/furnish to one UNDER 18. And wow, could the state legislature have made this specific law any more convoluted?

    There is/are exceptions to your statement by my read of this law, as convoluted as it is!


    2923.21
    (A) No person shall do any of the following:

    (1) Sell any firearm to a person who is under eighteen years of age;

    (2) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;

    (3) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

    (4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

    (6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

    (B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    (C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.

    Effective Date: 03-31-1997
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    Quote Originally Posted by JoeSparky View Post
    Please provide a cite to support "it is ILLEGAL to own a handgun for any person under the age of 21 in the state of ohio."

    This would seem to disagree with you.... Looking at 2923.21 the ownership and possession of a firearm by one under 21 is addressed in several sections. A1, A3, A4 all make it illegal to sell or furnish to one UNDER 18 or with the intent to sell/furnish to one UNDER 18. And wow, could the state legislature have made this specific law any more convoluted?

    There is/are exceptions to your statement by my read of this law, as convoluted as it is!

    2923.21
    (A) No person shall do any of the following:

    (1) Sell any firearm to a person who is under eighteen years of age;

    (2) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;

    (3) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

    (4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

    (6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

    (B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    (C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.

    Effective Date: 03-31-1997
    joe sparky,
    I believe you might have missed the parts bold and underline above?

    It is perfectly legal for an 18 to 20 year old to possess and open carry a handgun in Ohio. The question becomes, how did they legally obtain the handgun? There are ways: the 18-20 year old acquired the handgun legally while residing in another state and then moved to Ohio, bringing their legally owned and possessed handgun with them. OR they are a member of the military and while ordered to permanent duty in another state legally acquired the handgun and then brought it back to them upon return to Ohio. However, if the 18 to 20 year old has always been a resident of Ohio, and is not a cop, then it is virtually impossible for that person to have legally obtained a handgun to carry.
    Last edited by NavyLCDR; 10-28-2011 at 03:09 PM.

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    Yes, I was aware of your bolded portions above. But, the exception is for one employed as a LEO who may LEGALLY purchase so the absolute statement that NO ONE under 21 may purchase a firearm is not true (Agreed that MOST 18-20 years old can not legally buy a firearm).

    Not trying to be disagreeable and this is not to be considered as legal advice.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    Loaded HandGun Open Carry

    Just curious in Ohio as of december 2011...

    While Open carrying a loaded handgun, with one in the chamber, Is it legal to anyone that is not a felon and over 21 in ohio???

    and can someone post links to the orc on the issue??
    Last edited by Magickallife; 12-25-2011 at 03:09 AM.

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    Quote Originally Posted by Magickallife View Post
    Just curious in Ohio as of december 2011...

    While Open carrying a loaded handgun, with one in the chamber, Is it legal to anyone that is not a felon and over 21 in ohio???

    and can someone post links to the orc on the issue??
    Statutory law typically does not enumerate what is legal - it's purpose is to set forth what is not lawful.

    Ohio is like most states - no law forbids open carry of loaded handguns by persons 18 or over on foot. Vehicle open carry requires the license to conceal, like neiboring Pennsylvania.

    I do not understand why anyone asks about the legality of chambering of rounds - that's what the chamber is for - to hold a round!

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    Open carry required in Ohio in governmental buildings, college campuses

    Interstingly, open carry is required by Ohio law even of you have the permit to conceal in governmental buildings and college campuses.

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    Quote Originally Posted by Mike View Post
    Statutory law typically does not enumerate what is legal - it's purpose is to set forth what is not lawful.

    Ohio is like most states - no law forbids open carry of loaded handguns by persons 18 or over on foot. Vehicle open carry requires the license to conceal, like neiboring Pennsylvania.

    I do not understand why anyone asks about the legality of chambering of rounds - that's what the chamber is for - to hold a round!
    Absolutely correct. We can't show you a statute that says it is legal for a person over 18 years old to open carry in Ohio. Just like we can't show you a statute that says it's legal to wear shoes on public streets. There is no statute that prohibits it.

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    thanks guys i appreciate the info

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    If it doesn't say "No", it's good to go.
    Old and treacherous will beat young and skilled every time.

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    Quote Originally Posted by Grapeshot View Post
    If it doesn't say "No", it's good to go.
    Catchy, I like it! And accurate as well.
    "When seconds count between living or dying, the police are only minutes away."

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    I was reading more into detail for my protection to make sure I was not going to violate any laws for open carrying a loaded firearm and I came accross something somewhere that said something about drug related misdemeanors were grounds for not being allowed to legally open carry? Is this true????
    I was a young dumb kid once on my 18th Bday and was charged for possession of a joint, of all things, the ticket was paid out of court the very next day. Now more than 10 yrs later its the only thing on my record, does this disqualify me for Openly Carrying? I have no felonies and no other charges not even a speeding ticket.... please inform me im stupid....I would Really like to Openly Carry and excercise this right....however I dont want to be in any trouble for something 10+yrs old and lose my firearm or be incarcerated.....This is for the Cincinnati Ohio Area....
    Last edited by Magickallife; 12-26-2011 at 03:42 AM.

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    Quote Originally Posted by Magickallife View Post
    I was reading more into detail for my protection to make sure I was not going to violate any laws for open carrying a loaded firearm and I came accross something somewhere that said something about drug related misdemeanors were grounds for not being allowed to legally open carry? Is this true????
    I was a young dumb kid once on my 18th Bday and was charged for possession of a joint, of all things, the ticket was paid out of court the very next day. Now more than 10 yrs later its the only thing on my record, does this disqualify me for Openly Carrying? I have no felonies and no other charges not even a speeding ticket.... please inform me im stupid....I would Really like to Openly Carry and excercise this right....however I dont want to be in any trouble for something 10+yrs old and lose my firearm or be incarcerated.....This is for the Cincinnati Ohio Area....
    Suggest contacting an attorney for clarification on this. Also there may be other points of clarification on the law.

    2006 Ohio Revised Code - 2923.13. Having weapons while under disability.

    (3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse...........
    http://law.justia.com/codes/ohio/200...2313-9c3b.html
    Old and treacherous will beat young and skilled every time.

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    Quote Originally Posted by Grapeshot View Post
    If it doesn't say "No", it's good to go.
    If it does not fit, you must acquit.

    oops wait wrong trial
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    Quote Originally Posted by Grapeshot View Post
    Suggest contacting an attorney for clarification on this. Also there may be other points of clarification on the law.

    2006 Ohio Revised Code - 2923.13. Having weapons while under disability.

    (3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse...........
    http://law.justia.com/codes/ohio/200...2313-9c3b.html
    Effective September 30, 2011, Ohio Rev. Code § 2923.13 was revised to eliminate the state firearms disability for misdemeanor drug offenses. See HB 54, 129th General Assembly.
    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.
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    Originally Posted by Grapeshot

    Suggest contacting an attorney for clarification on this. Also there may be other points of clarification on the law.

    2006 Ohio Revised Code - 2923.13. Having weapons while under disability.

    (3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse...........
    http://law.justia.com/codes/ohio/200...2313-9c3b.html
    Quote Originally Posted by JimMullinsWVCDL View Post
    Effective September 30, 2011, Ohio Rev. Code § 2923.13 was revised to eliminate the state firearms disability for misdemeanor drug offenses. See HB 54, 129th General Assembly.
    Appreciate the correction - sorry to have mislead.
    Old and treacherous will beat young and skilled every time.

    Yata hey

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    Quote Originally Posted by JimMullinsWVCDL View Post
    Effective September 30, 2011, Ohio Rev. Code § 2923.13 was revised to eliminate the state firearms disability for misdemeanor drug offenses. See HB 54, 129th General Assembly.


    so that charge from ten yrs ago since the revision was made, makes me legal to carry openly loaded?so long as i am not breaking any of the afore mentioned rules?? Cincinnati Ohio Area...??

    thank you all so very much for not noob bashing on a guy, lol. I greatly urge all citizens to check out opencarry.org for any questions pertaining to openly carrying firearms..Once Again thanks so much, I did talk with an attorney and he advised me that with the Sept.2011 revision I am Legally Entitled to oc, thanks so much
    Last edited by Magickallife; 12-26-2011 at 10:07 PM.

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    On another note I was Curious on the Ohio laws of Self Identifying, for the sake of being stopped while legally open carrying. In Ohio is this one of the states that you have to give personal information?>?? And the video/audio surveillance of police interactions?
    Last edited by Magickallife; 12-27-2011 at 03:16 AM.

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    Quote Originally Posted by Magickallife View Post
    On another note I was Curious on the Ohio laws of Self Identifying, for the sake of being stopped while legally open carrying. In Ohio is this one of the states that you have to give personal information?>?? And the video/audio surveillance of police interactions?
    I was Curious on the Ohio laws of Self Identifying, for the sake of being stopped while legally open carrying. In Ohio is this one of the states that you have to give personal information? My interpretation is you do not without them(police) having resonably suspicion or probable cause that u have or wil commit a crime>? Is this correct? And the video/audio surveillance of police interactions?

    here is what ive found on both
    Was wondering if you could interpret your opinion for me...


    For Self Identify if stopped:
    ORC
    2921.29 Failure to disclose personal information.

    (A) No person who is in a public place shall refuse to disclose the person’s name,
    address, or date of birth, when requested by a law enforcement officer who reasonably
    suspects either of the following:


    (1) The person is committing, has committed, or is about to commit a criminal offense.


    (2) The person witnessed any of the following:


    (a) An offense of violence that would constitute a felony under the laws of this state;


    (b) A felony offense that causes or results in, or creates a substantial risk of, serious
    physical harm to another person or to property;


    (c) Any attempt or conspiracy to commit, or complicity in committing, any offense
    identified in division (A)(2)(a) or (b) of this section;


    (d) Any conduct reasonably indicating that any offense identified in division

    (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described
    in division (A)(2)(c) of this section has been, is being, or is about to be committed.


    (B) Whoever violates this section is guilty of failure to disclose one’s personal
    information, a misdemeanor of the fourth degree.


    (C) Nothing in this section requires a person to answer any questions beyond that
    person’s name, address, or date of birth. Nothing in this section authorizes a law
    enforcement officer to arrest a person for not providing any information beyond that
    person’s name, or date of birth or for refusing to describe the offense
    observed.



    (D) It is not a violation of this section to refuse to answer a question that would reveal
    a person’s age or date of birth if age is an element of the crime that the person
    is suspected of committing.

    Effective Date: 04-14-2006





    For Audio Video Recording Police Encounters

    RECORDING POLICE ENCOUNTERS IN OHIO:

    the law is clear in Ohio: It is perfectly legal to record the police,
    as long as you don't "physically" interfere with them.
    You may be unfairly harassed, illegally questioned, or even falsely arrested,
    but it is highly unlikely you will be charged, much less convicted for any recording
    to protect your civil rights, Under the First Ammendment which supersedes ALL State
    and Local laws, You have the freedom of speech\press and recording encounters
    generally helps all people involved (police' and citizens') in check...

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    Case law for open carriers to know

    If I lawfully open carry can the police...?

    While I support lawful open carry it seems that the police in some jurisdictions do not.
    but if you choose to Open Carry here is some information and
    case law you should know.


    Does lawfully carrying a gun constitute 'reasonable suspicion'?

    No, lawfully carrying a firearm alone does not constitute 'reasonable suspicion'.

    "Where simply carrying a handgun is not in itself illegal and does not constitute probable
    cause to arrest, it follows that carrying a handgun, in and of itself, does not furnish
    reasonable suspicion justifying a Terry stop."
    -- John M. Collins, Esq, General Counsel Massachusetts Chiefs of Police Association
    (The Police Chief Magazine, Feb 2011 ref Florida v J. L.)


    Can a police officer stop someone and demand ID?
    No, a police officer must have 'probable cause' to demand ID.

    "a person who is stopped on less than probable cause cannot be punished for failing to
    identify himself."
    -- Lawson v. Kolender, Court of Appeals, Ninth Circuit
    (later affirmed by the U. S. Supreme Court)


    Can the police sieze your firearm to check its serial number?

    "Warrants only issue upon a showing of probable cause; thus, probable cause to believe
    an item in plain view is contraband or evidence of criminal activity must be required,"
    --Arizona v Hicks, U. S. Supreme Court

    If you are lawfully exercising your 2nd Amendment right to keep and bare arms doing so
    does not grant the police the right to stop, detain, arrest, demand ID, or seize your
    property without probable cause or your consent. To do so is unlawful and a violation
    of your civil rights.

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    Open Carry

    Problem is the Police don't know that.

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