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Old 09-19-2006, 10:23 AM   #1 (permalink)
"Officer, I was in fear for my life"
 
hrdwareguy's Avatar
 
Location: Oklahoma City
Ohio Concealed Carry laws

So towards the end of next month, I will have to make a quick trip to Ohio. Being on the road I plan on taking my gun, so I headed on over to http://packing.orgto check out the laws in the states I would be traveling throuh.

No problems until I got to Ohio and started reading the laws:

It is legal to carry concealed in Ohio unless you are in a car. If you are in a car the gun must be in plane sight on your person, in a locked case in plane sight, or in a locked glove box.

Also if you are involved in a traffic stop, being in contact with a firearm is against the law...but one of the options is to have it on your person...

I called the state attorney generals office and spoke with someone and got this response:

You have to unconceal your weapon in your car. Ohio has open carry so if you are putting on/taking off a jacket there is no problem. If someone sees your gun and calls the cops, then as long as you are involved in a legal activity (in which open carry is) then you don't get in trouble. This also means you can not get in trouble for insighting a riot simply by open carrying a handgun wherever you went.

As far as the traffic stop goes, "being in contact" seems to mean "reaching for" if the officer has not told you to reach for it.

Man I'm glad I got all that streight before taking my trip.

(Although I am tempted to open carry into a gas station just because I would be able to. However that kind of attention and excitement, I don't really need.)
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Old 09-19-2006, 12:01 PM   #2 (permalink)
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Location: bedford, tx
ohioans for concealed carry has been trying to fix that 'open in car' part for a long time. It's been a hassle for alot of people. Google 'Dan Sayers' and you'll find several gun boards where he ran in to a major firestorm for open carrying in Oregon, Ohio.
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Old 09-19-2006, 08:33 PM   #3 (permalink)
Unbelievable
 
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Location: Grants Pass OR
Just to clarify, Dan Sayers problems were in the city of Oregon, Ohio. It is important to make sure you know not only the state laws, but the city ordinances as well.
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Old 09-19-2006, 08:38 PM   #4 (permalink)
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Glad you checked before your trip.
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Old 09-20-2006, 01:57 AM   #5 (permalink)
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Location: bedford, tx
Quote:
Originally Posted by cj2112
Just to clarify, Dan Sayers problems were in the city of Oregon, Ohio. It is important to make sure you know not only the state laws, but the city ordinances as well.
cj, it was my understanding that Ohio's laws are pre-empted for concealed license holders only. Is this not correct?
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Old 09-20-2006, 04:57 AM   #6 (permalink)
Unbelievable
 
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Location: Grants Pass OR
Quote:
Ohioans For Concealed Carry has formed and is coordniating this legal defense fund on behalf of OFCC member Dan Sayers, who was recently arrested by Oregon, Ohio police and charged with possession of a firearm in public place and failure to inform police officers of concealed weapons. Mr. Sayers has plead not guilty to these charges.

Sayers was openly carrying two firearms in compliance with State of Ohio law; however, he was in violation of a city ordinance, which prohibits "possession of a firearm in a public place." Sayers was pulled over after shopping at a gas station. Police responding to a “man-with-a-gun” call ordered him out of his vehicle and to the ground, at gunpoint.

Ohioans For Concealed Carry is very concerned that cities such as Oregon continue to enforce ordinances that completely prohibit possession of firearms despite Ohio's comprehensive concealed handgun licensing law, and the Ohio Supreme Court rulings that state a complete ban on the possession of firearms violates Section 4, Article I of the Ohio Constitution. Section 4, Article I of the Ohio Constitution confers upon the people of Ohio the fundamental individual right to bear arms for "their defense and security." This clause allows a person to possess firearms for defense of self and property.
LINK

no it's not just for CCl holders according to this article, however it will be intersting to see how the courts in Ohio rule on this. In the meantime, I'll say it again....

It is important to make sure you know not only the state laws, but the city ordinances as well.
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Old 09-20-2006, 05:17 AM   #7 (permalink)
"Officer, I was in fear for my life"
 
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Location: Oklahoma City
Quote:
Originally Posted by cj2112
LINK

no it's not just for CCl holders according to this article, however it will be intersting to see how the courts in Ohio rule on this. In the meantime, I'll say it again....

It is important to make sure you know not only the state laws, but the city ordinances as well.
This is why I like states that do not allow individual cities and counties to make their own laws since they can vary so much.
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