First time Open Carry in Akron, OH

[smoking357]

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Great work, Swhetsel.

You just know he went back to his car, got on the radio, and made some calls about you.

It might be nice to do an Open Records request on all radio traffic right after your encounter.

 

[smoking357]

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Great thoughts, Citizen. I like your recommendation to "raise the standard."

I also like the simple phrase: "I do not consent to talk to you, Officer."

 

[BB62]

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BB62 wrote:

SWhetsel wrote:

...So I have been taking the mag out of the weapon when I get in my car and locking it my glove box untill I get to my destination. Then I simply insert the mag back into the pistol...

You could be in for big trouble if you are found doing so.

In our Ohio court's infinite wisdom, doing as you do could be construed as "ready at hand" or in other words "constructively loaded". By black letter law, you're fine, but what really matters is courts' interpretation of what ought to be clear.

There are far too many twists and turns for me to cover here, but there are articles at Buckeye Firearms Assn., and forums at Ohioans for Concealed Carry where you can search on just such matters.

Be careful!

Since this thread has been resurrected...

Since I wrote the above post in January of 2008, the law has been further changed AGAINST us.

It is now illegal to have loaded magazines or speedloaders in one's car (in addition to the always illegal loaded rifles & shotguns)

The only exception is that CHL holders are allowed to have loaded magazines for their handgun(s) in the vehicle.

 

[Legba]

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Well, they do still have the "prudent person" affirmative defense for loaded long guns in a vehicle, but it would have to be some bizarre improbable circumstance to justify transporting them so. I doubt you would win sucha case. They want you to get a permit if you want to transport loaded guns, andcarry permits only cover handguns here. You can get an emergency temporary carry permit in response to a specific threat, and I would recommend pursuing that rather than trying to get by with a loaded long gun in a car.

Yes, they did drop the uselessly vague "ready at hand" standard. The new law is not necessarily an improvement, but at least it's clearer. Bear in mind that transport and carry are different here. The situation described - driving around with an unloaded gun in a holster on your person, with the loaded mag in the glove box -is definitely illegal now and might have been under the old one (although they might have let it go if the glove box had been locked under the old standard). Anyway, they've changed it since this was first posted.

When in doubt, get the permit and save yourself some expensive grief.

-ljp

 

[Deanimator]

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Legba wrote:

Well, they do still have the "prudent person" affirmative defense for loaded long guns in a vehicle, but it would have to be some bizarre improbable circumstance to justify transporting them so. I doubt you would win sucha case. They want you to get a permit if you want to transport loaded guns, andcarry permits only cover handguns here. You can get an emergency temporary carry permit in response to a specific threat, and I would recommend pursuing that rather than trying to get by with a loaded long gun in a car.

Yes, they did drop the uselessly vague "ready at hand" standard. The new law is not necessarily an improvement, but at least it's clearer. Bear in mind that transport and carry are different here. The situation described - driving around with an unloaded gun in a holster on your person, with the loaded mag in the glove box -is definitely illegal now and might have been under the old one (although they might have let it go if the glove box had been locked under the old standard). Anyway, they've changed it since this was first posted.

When in doubt, get the permit and save yourself some expensive grief.

-ljp

+1

If you've got an Ohio CHL, pretty much anything the cops might do to hassle you for open carrying would be actionable. Claiming that carrying in a flap holster is "concealment" would be a moot point with a CHL. If you've got a CHL you can carry open or concealed, or change from one to the other every block if you like. There's nothing they can do that won't put money in your pocket.

 

[Bustelo5%]

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Hey guys I live in Kent and I am looking to buy my first 9mm,I want to buy used and dont wanna get taken for my money. Are there any reputable gun stores or know of a person in the area,gun show maybe? My dad is a retired MP and we moved to ohio 4 years ago and im not familiar of where to buy. Please reply to this post and or email me at talofanate@yaho.com

 

[Legba]

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Sorry - I'm at the opposite end of the state, although I think the Ohio Gun Collector's Association has a presence in Cleveland. Maybe you can call them for advice.

-ljp

 

[RT48]

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You might want to ask that question at http://ohioccwforums.org .

 

[n8isaham]

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HI

While this guy is not in Kent Oh. he is in independence Oh. He is a LEO there as well and from my buying experience would be worth the 30 min drive from Kent. He sells or can get just about anything your looking for. all he needs is a modle number. or you can see what he has in stock or something he has that is used. Tell him Steve Riley refered you to him if you want to. It wont make a better price, because his prices are some of the best i can find already.

his website is http://www.leossguns.com

while he doesnt list his current stock online. you can email him first to see what he has. he also has some of it on gunbroker.com

good luck. and be safe.

 

[n8isaham]

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Bustelo5% wrote:

Hey guys I live in Kent and I am looking to buy my first 9mm,I want to buy used and dont wanna get taken for my money. Are there any reputable gun stores or know of a person in the area,gun show maybe? My dad is a retired MP and we moved to ohio 4 years ago and im not familiar of where to buy. Please reply to this post and or email me at talofanate@yaho.com

HI

While this guy is not in Kent Oh. he is in independence Oh. He is a LEO there as well and from my buying experience would be worth the 30 min drive from Kent. He sells or can get just about anything your looking for. all he needs is a modle number. or you can see what he has in stock or something he has that is used. Tell him Steve Riley refered you to him if you want to. It wont make a better price, because his prices are some of the best i can find already.

his website is http://www.leossguns.com

while he doesnt list his current stock online. you can email him first to see what he has. he also has some of it on gunbroker.com

good luck. and be safe.

 

[Deanimator]

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n8isaham wrote:

Bustelo5% wrote:

Hey guys I live in Kent and I am looking to buy my first 9mm,I want to buy used and dont wanna get taken for my money. Are there any reputable gun stores or know of a person in the area,gun show maybe? My dad is a retired MP and we moved to ohio 4 years ago and im not familiar of where to buy. Please reply to this post and or email me at talofanate@yaho.com

HI

While this guy is not in Kent Oh. he is in independence Oh. He is a LEO there as well and from my buying experience would be worth the 30 min drive from Kent. He sells or can get just about anything your looking for. all he needs is a modle number. or you can see what he has in stock or something he has that is used. Tell him Steve Riley refered you to him if you want to. It wont make a better price, because his prices are some of the best i can find already.

his website is http://www.leossguns.com

while he doesnt list his current stock online. you can email him first to see what he has. he also has some of it on gunbroker.com

good luck. and be safe.

Let me add my recommendation as well. I bought an ex-NYPD S&W M&P from RM Vivas through him a couple of years ago and found him very easy to work with.

 

[Bustelo5%]

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Hey thank you for the great lead I dont want to be ignorant of the condition of the weapon nor do I want to be naive of whom the weapon came from.Please if anyone else has any leads advice let me know im new to all of this and the more advice the better. Mahalo NBC

 

[colorado slick]

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Swetsell, it sounds like you met up with one of those "bust your chops" lEO's. We do have to remember though that very few, if any LEOs know all the laws and if they don't know the law, it is tough to convience them of anything but what they think the law is. Remember though that while the guy was an LEO, he still works for you.



Colorado Slick