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Open Carry city preemption?


Likwid

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I posted this on the Ohio CCW forums but I'm interested in opinions over here on this....

Well, I went and picked up my CCW today, I'll post that elsewhere but I wanted to ask the Deputy who deals with CCW every day a specific question to hear her answer.

"Just to confirm, being licensed for Concealed does not remove my right to Open Carry right?"

Her answer... "There is a law in Ohio for Open Carry but most city ordnance prohibit Open Carry so no, you shouldn't Open Carry."

Let's ignore her "you shouldn't open carry" because opinions don't matter, her statement that city ordnance over ORC 9.68 bothers me.

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

Comments? I thought the ORC was pretty clear about Open Carry, and obviously there is a lot of confusion, am I wrong? Do cities have the right to override Open Carry?

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You can't induce panic doing something legal. If I were big, bad, ugly, black, wearing a bandana with my pants hanging down to my knees walking down the street in some uppity white neighborhood and someone called the police on me, I might be inducing panic to that person but what I'm doing is legal so I can't be charged with anything.

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You can't induce panic doing something legal. If I were big, bad, ugly, black, wearing a bandana with my pants hanging down to my knees walking down the street in some uppity white neighborhood and someone called the police on me, I might be inducing panic to that person but what I'm doing is legal so I can't be charged with anything.

With the way things are going this could happen to some level.

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:nono: Seriously, if you have a CCW permit why would you want to open carry?

It was a joke but anyway. There's not many reasons to open carry, I've done it on late night bank runs to make deposits where I have had to exit vehicle and walk up to deposit drop. As well as, I have openly carried in my apt complex. thats about it

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It was a joke but anyway. There's not many reasons to open carry, I've done it on late night bank runs to make deposits where I have had to exit vehicle and walk up to deposit drop. As well as, I have openly carried in my apt complex. thats about it

I knew the pix were a joke buddy.:p

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If you want to know what the laws are concerning firearms the last person you want to ask is a police officer. Sorry' date=' but it's the way it goes. Contact an attorney that specializes in such cases. No city, locality or anything else in this state, besides private property or Federal property, can keep you from open carrying a firearm.

To answer Sam's question "...because I want to."[/quote']

:plus1:

and "...because I want to." would be my answer as well.

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They can use "inducing panic" all they want but it wouldn't stick. Why would you want to open carry?

The panic was covered in a diff thread, but yah.

The reason for "wanting" to open carry are several.

  1. If there was an Open Carry walk I may want to go, just because
  2. Just because I can, as others said
  3. MOST IMPORTANTLY, if I'm walking somewhere concealed and a gust of wind exposes the firearm, or I pick something up, like a penny, and my shirt comes untucked. I want to make sure I'm covered legally.

make sure you have one of these to open carry... or you'll definately get arrested.

concealedcarrymed.jpg

They had a note about that in the sheriff's office saying NOT to buy these... people having a badge is a bad idea.

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If you want to know what the laws are concerning firearms the last person you want to ask is a police officer.

tru dat. cops often dont know their ass from a hole in the ground, let alone the intricacies of the law.

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tru dat. cops often dont know their ass from a hole in the ground, let alone the intricacies of the law.

You know, I've said this before, I agree all the way. BUT I thought the cop that HANDLES CCW all day would have it right.

OFCC coordinator for Open Carry is researching.

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My friend's son is in DEEP DOO-DOO for having a gun on school property.....had a 38 in his waistband and "instilled panic" in a neighbor across the street who saw "teens with guns" at the elementary school basketball court. When the cops showed up, DO NOT PAST GO, DO NOT COLLECT $200 the sentence is way more severe for having a gun on school property.....he's 17 so he should have known better....dumbass.

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You know, I've said this before, I agree all the way. BUT I thought the cop that HANDLES CCW all day would have it right.

yeah, you'd think that. but you'd be wrong lol. the cops job is to collect evidence for the prosecutor, and thats about it. once it hits the prosecutors desk, they will decide whether or not you commited a crime, and if there is enough evidence to support that.

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My friend's son is in DEEP DOO-DOO for having a gun on school property.....had a 38 in his waistband and "instilled panic" in a neighbor across the street who saw "teens with guns" at the elementary school basketball court. When the cops showed up, DO NOT PAST GO, DO NOT COLLECT $200 the sentence is way more severe for having a gun on school property.....he's 17 so he should have known better....dumbass.

Well way to go kid!

1. 17yo w/handgun

2. On school property

3. In waistband, the quick and easy circumcision

SMOOTH!

waistbandcarry.jpg

Wait till something catches and you blow wee willy to kingdom come.

and F.Y.I. 17 YEAR OLDS DO NOT KNOW BETTER. THEY'RE 17

Edited by Lunatik3
addition re:17yo
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