djproductions
New member
I have been searching all over the place to see if Open Carry is legal. Some places say no, some places say yes. What the hell is the right answer?
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Just to confirm Open Carry is Legal
- Thread starter djproductions
- Start date
ZeroC
Regular Member
In public yes except government buildings/schools and private property that is posted that you can't. in a car no, you need your CHL. If you can legally own a gun you're legally allowed to OC
Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle.
http://www.opencarry.org/oh.html
http://www.opencarry.org/maps.html
http://www.opencarry.org/oh.html
http://www.opencarry.org/maps.html
Werz
Regular Member
A concealed handgun license is also required for open carry in D-permit (liquor by the glass) liquor premises.
BB62
Accomplished Advocate
For your own legal and physical safety, you need to do an ENORMOUS amount of studying before you should even think about open carrying.
Coming to OCDO and asking a question, the answer to which is relatively easily found on here, is not impressive.
Regardless, here's a little something to get you started: http://codes.ohio.gov/orc/gp9.68
RT48
Regular Member
I would love to know which places say "no".
MyWifeSaidYes
Regular Member
Mike
Site Co-Founder
Actually Ohio does not ban open carry in all government buildings; specifically local govenment can post ponly against CONCEALED carry, so in essence open carry is required there.
BB62
Accomplished Advocate
True, but since we haven't eliminated potential charges of inducing panic or disorderly conduct from the list of possible charges, to be a test case for OC in such circumstances is best left to those with lots of time and money.
MyWifeSaidYes
Regular Member
I like the way Mike put it... open carry is required in government buildings. :banana:
You got no gun, you can't come in!!!
You got no gun, you can't come in!!!
Mike
Site Co-Founder
And you never will.
MyWifeSaidYes
Regular Member
I'm not worried about Disorderly Conduct or Inducing Panic charges. I am also not concerned with Obstructing Official Business charges.
So, what's left?
What can they charge me with that will stick?
I am trying to analyze a "theoretical" situation and can find no criminal activity.
The situation is:
A citizen of Ohio, 21 or older and legally allowed to posess a handgun, openly carries that handgun in a holster on their hip.
The citizen decides to eat lunch on the Oval at Ohio State University while wearing that handgun.
They are not a student or employee of the university.
Did they do anything ILLEGAL?
So, what's left?
What can they charge me with that will stick?
I am trying to analyze a "theoretical" situation and can find no criminal activity.
The situation is:
A citizen of Ohio, 21 or older and legally allowed to posess a handgun, openly carries that handgun in a holster on their hip.
The citizen decides to eat lunch on the Oval at Ohio State University while wearing that handgun.
They are not a student or employee of the university.
Did they do anything ILLEGAL?
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Motofixxer
Regular Member
That is a question requesting an opinionated answer. I assume what you meant was, did they do anything illegal? Do you wanna rephrase the question?
MyWifeSaidYes
Regular Member
Ha! Yeah, I'd better fix that. Thanks!
BB62
Accomplished Advocate
As I said, Mike, being a test case for OC in such circumstances is best left to those with lots of time and money.
If you or MWSY wants to volunteer, I will attend the trial.
Mike
Site Co-Founder
What is "such circumstances"?
Walking into city hall while open carrying is the same fact pattern as walking into a mall or shoping center. There is always the risk of police harassment, and the answer is rarely is a defense to prosecution - rather, there is no prosecution but htere is a civil lawsuit agaist the offending officers and locality with attorney fee shifting under 42 USC 1983.
And yes, some years ago I open carried in Ohio, full view of familes in a McDonalds, and in a bathroom there, and walking across a large parking lot, etc. No problem, nobody cared, neither did I.
BB62
Accomplished Advocate
"Such circumstances" is where the police would feel compelled to charge one, because "the signs say NO GUNS!!" So, no, not the same fact pattern.
As you well know, the chances for a successful 1983 suit are unbelievably low. Now, if you want to take both of my cases on contingency, we can talk about me being the test case. :lol:
JediSkipdogg
Regular Member
Yup, I agree and that's from working at one. I would say most would charge because the sign is there.
Now, let's say one wins in court. There's no guarantee you'll get anything else out of it because in the civil suit a judge may say while you are right, you were wrong for doing it. I've seen too many cases where criminal charges were dropped but civil cases went nowhere.
Mike
Site Co-Founder
Um, state signs, if lawful, say no concealed guns. Otherwise the signs are unlawful.
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MyWifeSaidYes
Regular Member
If city hall has a courtroom (Mayor's Court) I believe it's off-limits, open or concealed.
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