OC for ME
Regular Member
What? The above does not address my point that your premise was invalid as a result of the stats you used. Essentially you compared apples to flamingos. I may be wrong in presuming that a statement that I make above a quote is in anyway not relevant to the statement I make below a quote. Anyway, I provided a more accurate way to make your point and you ignored it or did not understand it. Either way the result is the same.I believe there is a reasonably good likelihood that Ohio courts will operate from a presumption of unlawfulness for concealed carry. It is consistent with Ohio legal history, where concealed carry was generally unlawful and no licenses were available until 2004; it is consistent with the designated limitations on the Second Amendment set forth in District of Columbia v. Heller, 554 U.S. 570, 626-638 (2008); and it is consistent with the fact that less than 5% of the general population of Ohio (I'm throwing in law enforcement and other government agents) is authorized to carry a concealed handgun. It is also worthy of note that you are required to carry your concealed handgun license if you are carrying a concealed handgun; that you may be arrested if you are found to be in possession of concealed handgun without the license in your possession; and even if you produce a valid license within ten days, you are still guilty of a minor misdemeanor for failing to carry it with you. R.C. 2923.126(A), 2923.12(F)(2)(a). "Issues surrounding articulable suspicion, let alone probable cause, have not yet been fleshed out in Ohio since the passage of recent laws concerning the carrying of firearms." State v. Young, 2011-Ohio-4875, at ¶42 (2nd Dist.) If you wish to carry in a manner which is authorized only by licensure or other exceptions, and if you wish to refuse identification when confronted, you do so at your own peril.
You solicited a legal opinion, presumably from someone who is familiar with the rationale applied by Ohio courts. I gave you that. If you want idealism, there are plenty of others here who will gladly write you a treatise.