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question on open carry

JediSkipdogg

Regular Member
Joined
Sep 10, 2012
Messages
139
Location
Batavia
Short answer is no, they cannot prohibit you from open carrying. Also, at this time state law can override the 2nd Amendment on certain aspects of it since the Supreme Court has said there reasonable restrictions on it. However, in Ohio, no city may pass a firearm law that does not mimic the ORC word for word.

Since I'm replying on the road (literally...as a passenger) I'll let someone else post the open carry packet info which has some good info for you and law enforcement.
 

ZeroC

Regular Member
Joined
Jun 2, 2012
Messages
60
Location
Columbus, OH
No cities can make their own gun laws.

16. City of Cleveland v State of Ohio
III. Conclusion
{¶ 35} R.C. 9.68 addresses the General Assembly’s concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
No cities can make their own gun laws.

16. City of Cleveland v State of Ohio
III. Conclusion
{¶ 35} R.C. 9.68 addresses the General Assembly’s concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.

You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
i live in massillon which is located in stark county in ohio and i was told that i was not aloud to open carry in my city due to City Ordinance can city ordinance override my 2nd amendment

Who told you that? That is very important. It tells us if someone is just spouting erroneous law, or if there's a governmental problem that needs to be fixed.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
I guess some people are downright lazy.

http://www.conwaygreene.com/Massillon/lpext.dll?f=templates&fn=main-h.htm&2.0

549.12 CARRYING WEAPONS.

(a) No person shall carry on or about his person a pistol, a knife having a blade two and one-half inches in length or longer, knuckles, a billy or other dangerous weapon. However, upon the trial of this charge, the defendant shall be acquitted if it appears that he was at the time engaged in a lawful business, calling, employment or occupation, and that the circumstances in which he was placed justified a prudent man in possessing such a weapon for the defense of his person or family.

(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio

Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
937
Location
Cincy area, Ohio, USA
Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.
Good point. I guess I need to get used to asking stuff like that. I'm accustomed to discussing stuff with people who have CHLs, where issues of age and criminal history are moot.
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
Werz-

1) Yep, this is OPENCARRY.org and there are a few extra things that must be considered when dealing with questions from new forum members. Age and CHL status are two, but folks from other states often stumble in here. Check their location before giving them any definite answers.

2) Please do not assume to know to what level "color of law" (CoL) has fought to eradicate the illegal laws still on the books in Cincinnati.

There has been an enormous amount of effort expended by many but, without a budget, it hasn't gotten far. The work is still being done.

I seem to recall an obscure case called "Cleveland v. State" that validated ORC 9.68, but that particular city ALSO still has their illegal, I mean, displaced laws on the books.

Had Cleveland repealed their "bad" laws, it would be an easier fight to get Cincy to repeal theirs, IMHO.

In other threads, you may have disagreements with the opinions of CoL, and that is just fine. You guys live in different parts of the state, with differents courts and judges. Yes, the system is SUPPOSED to be the same all over, but you BOTH know it's different from courtroom to courtroom. I would hope the members of this forum are both educated AND entertained by the differing viewpoints. Keep it up!

And I REALLY DO look forward to the day I can buy lunch for CoL and Werz. I know a nice little steakhouse on the west side of Columbus. You two pick a day and time. Serious offer.
 

ZeroC

Regular Member
Joined
Jun 2, 2012
Messages
60
Location
Columbus, OH
You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.

Sorry it was a poor choice of words.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
Originally Posted by Werz
You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.

RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
Sorry it was a poor choice of words.

That's OK. I just didn't want folks thinking that municipal ordinances were invalidated to the extent that they could start picking off squirrels within the city.

Believe me, if I could, I would.
 

NEOOpenCarry

Regular Member
Joined
Oct 23, 2012
Messages
132
Location
Akron, Ohio
Since you are in NE Ohio, Check Out Our Site!

For all the info and laws regarding OC in Ohio go to neoopencarry.org. I would also love to have you come to an event and open carry with us. Let me know.
 
Last edited:

ngardiner09

New member
Joined
Sep 29, 2012
Messages
4
Location
Massillon, Ohio, United States
reply to open carry in massillon ohio

Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.



im sorry it took so long for a reply but to answer your questions i am 22 years of age my local police department is who told me i was not able to open carry due to city ordinance which is massillon city ordinances 549.12 a
 

ngardiner09

New member
Joined
Sep 29, 2012
Messages
4
Location
Massillon, Ohio, United States
Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.

Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.




im sorry it took so long for a reply but to answer your questions i am 22 years of age my local police department is who told me i was not able to open carry due to city ordinance which is ( massillon city ordinances 549.12 a ) i also have a clean record and able to purchase and own a firearm
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
City ordinances cannot restrict carry in any way. Ohio has preemption. The ordinance is illegal. However, the idiots in your city will likely try to enforce it, to your detriment, until they are slapped down by a court.
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
If I had known the OP was still active, I would have stopped in to Massillon city hall yesterday on my way to Youngstown.
 

ngardiner09

New member
Joined
Sep 29, 2012
Messages
4
Location
Massillon, Ohio, United States
If I had known the OP was still active, I would have stopped in to Massillon city hall yesterday on my way to Youngstown.

thanks guys for the fast reply and information i really appreciate it i just needed a bit more information before i would OC and end up with multiple charges i actually found a group on facebook called Northeast Ohio ( NEO ) they are activist and actually called the mayor of Massillon and wanted to ask questions about this matter since im not the first to complain and she said she would contact them back this way she would not give them the wrong information so she says and noone has heard anything back. This group is actually planning on meeting here in Massillon for a OC walk which they have done in the Akron area and Kent and they also said they wanted to come here to Massillon as well. i do understand the laws about not being able to OC in a car without CCW permit and what not i was just wondering if they were able to have an ordinance override and make it unable for me to OC like they claim and once again THANK'S to everyone that has replied to this post and i also wanted to say again that im sorry it took so long to reply
 
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