Any OC'ing in Kolumbus Area?

jacksnack · Post by **jacksnack** » Mon Sep 17, 2007 4:34 pm

I live about 20 miles East of the Socialist city. Has anyone OC'ed around here? Or am I asking for a stay in the klink?

dngreer · Post by **dngreer** » Mon Sep 17, 2007 5:13 pm

I have not carried around Columbus. I know of a few people that have. And as to having a stay in jail, that would be wrongful imprisonment, and I have a feeling they would have a potential lawsuit on their hands.

sbc350gearhead · Post by **sbc350gearhead** » Mon Sep 17, 2007 5:20 pm

dngreer wrote:I have not carried around Columbus. I know of a few people that have. And as to having a stay in jail, that would be wrongful imprisonment, and I have a feeling they would have a potential lawsuit on their hands.

I doubt it. They are not going to charge you with OC, if you are charged........they are going to charge you with inducing panic.

Regardless, if someone calls the police, you are going to get hassled at best. The degree of hassle will depend on wow the 911 call goes.

sbc350gearhead · Post by **sbc350gearhead** » Mon Sep 17, 2007 7:09 pm

dngreer wrote:
Michael Allen, Hamilton County Prosecuting Attorney understands that is not a charge that will automatically stick.

Yep, and if you have 2 years and 100 grand for legal fees, you can probably convince the franklin county prosecutor of the same thing.

sts47 · Post by **sts47** » Mon Sep 17, 2007 8:23 pm

When l lived there I was at Livingston and College across from Wexner. I'd OC many times during the day and night - except for the liquor store and bar, most places don't post and don't even notice that you are armed.

That was before i got my current CC piece, and wasn't as comfortable with a G17 +2 spares in my waistband. That was a lot of weight.

But no one argued with me as I always liked to dress nice. Attitude and look go a long way to keep people calm.

I live in an appartment building now in Akron, and don't want the neighbors to even think that I have firearms. So CC all the time.

dngreer · Post by **dngreer** » Mon Sep 17, 2007 9:25 pm

I'm not sure where my last post went, so I figured I'd put it back up so others could read what it said.

TO: ALL COUNTY LAW ENFORCEMENT AGENCIES

FROM: MICHAEL K. ALLEN
HAMILTON COUNTY PROSECUTING ATTORNEY

DATE: SEPTEMBER 25, 2003

RE: Klein vs. Leis, 99 Ohio St.3d 537 (Sept. 24, 2003)

1. On September 24, 2003, the Ohio Supreme Court ruled that Ohio's statutes which prohibit carrying concealed weapons (cited) and Improper Transportation of Firearms in a Motor Vehicle (cited) are constitutional enactments of the General Assembly. The Court ruled that there is no constitutional right to bear concealed weapons. While recognizing a fundamental right to bear arms, under the Ohio Constitution, the Ohio Supreme Court held that these statutes are a reasonable regulation of the manner in which weapons are carried.

2. The (OSC) did not address the issue of carrying "unconcealed" weapons. The plaintiffs in the lawsuit argued that anybody who openly carries a firearm is automatically arrested. There is no statute, in the state of Ohio, which prohibits the carrying an unconcealed firearms, on your person. Police officers are advised that they should not consider an individual openly carrying a firearm as an "automatic arrest." Officers must exercise their judgment and only make an arrest in cases where probable cause existed to believe that the person carrying the firearm is violating the law. Openly carrying a firearm does not mean that the person is automatically guilty of Disorderly Conduct (R.C. 2917.11) or Inducing Panic (R.C. 2817.31). Each case must be judged on it's own set of facts.

3. The Court's decision did not impact the prohibitions against carrying weapons in certain locations, such as school safety zones, liquor premises, courthouses or detention facilities or possessing a weapon while under disability or intoxicated.

4. If you have any questions please contact....(names and numbers redacted)

Commentary:
Ohioans For Concealed Carry is also in receipt of several threats from other local law enforcement agencies, mailed to inquiring citizens, stating that although open carry is law, their officers will automatically arrest for disorderly conduct or inducing panic. Obviously we will take instances of citizens having their rights violated in such a manner VERY seriously. Other prosecuting attorneys would be prudent to so inform their law enforcement agencies.

Beyond that, we believe a memo similar to this one, issued by State Attorney General and gubernatorial-hopeful Jim Petro would put to rest such blatant abuse from uninformed or pro gun-control law enforcement agencies and prosecutors.

Ohioans concerned about their self-defense rights will not again make the mistake of taking a gubernatorial-candidate's word on his or her support for concealed carry reform. We will have expected them to act when they had an opportunity to prove their claims. This is such an opportunity for Attorney General Jim Petro.

Post by **jgarvas** » Mon Sep 17, 2007 9:54 pm

The original is here:

Hamilton County PDF

and here:

OFCC obtains copy of Hamilton County Prosecutor's Open Carry Mandate

dngreer wrote:I'm not sure where my last post went, so I figured I'd put it back up so others could read what it said.

TO: ALL COUNTY LAW ENFORCEMENT AGENCIES

FROM: MICHAEL K. ALLEN
HAMILTON COUNTY PROSECUTING ATTORNEY

DATE: SEPTEMBER 25, 2003

RE: Klein vs. Leis, 99 Ohio St.3d 537 (Sept. 24, 2003)

BobK · Post by **BobK** » Mon Sep 17, 2007 10:12 pm

I frequently (almost daily) do a "partial" OC in the Columbus area. I carry IWB, where the butt of my pistol and the top 2" of my slide stick out above my belt.

If I want to cover, I can tug my shirttail out on the right side a couple of inches to "blouse" my shirt over the gun. Most of the time, I do not bother to do so.

I have been out in public like that hundreds of times with only one unpleasant incident. I have only been asked twice about my gun. Most sheeple never even notice it.

I have also had casual conversations with both Columbus police and Franklin County deputies outside of a BP, or other convenient stores, or near the cash register in Giant Eagle.

The unpleasant incident was getting harangued by the manager at a Huntington bank, detailed in a different message. That became a learning opportunity for the manager when I confirmed with Huntington security that bank policy allows packing in their bank. It fed back through the district manager to the offending branch idiot.

On days when I go to the range, I'll switch to my OWB holster that let's everything hang out there for the world to see. Been in more than a few Speedway's paying for gas and getting a soft drink that way.

fisher · Post by **fisher** » Mon Sep 17, 2007 10:31 pm

sbc350gearhead wrote:
Yep, and if you have 2 years and 100 grand for legal fees, you can probably convince the franklin county prosecutor of the same thing.

I'm an optimist, so I would go the Pro Se Demurrer route, which is faster and free:

In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument. Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a general demurrer would be sustained and the indictment would be dismissed.

sbc350gearhead · Post by **sbc350gearhead** » Mon Sep 17, 2007 11:10 pm

I need to state that I support the right to OC. However, I also realize that what works fine in vinton county, may not work so great in a major city full of sheeple. I know that I cannot afford to be a test case, so I choose my actions accordingly. If anyone feels differently, so be it. Just do not fool yourself into thinking that just because what you are doing is legal, that you won't be harassed, arrested, etc. People have had m-16s shoved in their faces for doing things that were perfectly legal (dan sayers). The way that we look has alot to do with the way people react to us when we OC. I have witnessed 1 person who was carrying a gun in a shoulder holster without a cover garment. Due to the way he was dressed, I assumed that he was a police detective (not that I care one way or the other). Many people who see you OC may assume the same thing, depending on how you look. With the way that I look, If I were to OC...........I would be quickly introduced to the CPD swat team.

dngreer · Post by **dngreer** » Tue Sep 18, 2007 7:58 am

I could be entirely wrong, but for some reason I remember hearing that if a city is trying to challenge the state laws, they have to cover the legal fees of the person they are sueing. I have been looking around trying to find out if that is true or not, but maybe someone on here has heard the same thing and can point me in the right direction to a good source.

jabeatty · Post by **jabeatty** » Tue Sep 18, 2007 8:01 am

dngreer wrote:I could be entirely wrong, but for some reason I remember hearing that if a city is trying to challenge the state laws, they have to cover the legal fees of the person they are sueing. I have been looking around trying to find out if that is true or not, but maybe someone on here has heard the same thing and can point me in the right direction to a good source.

9.68 Right to bear arms - challenge to law.

Post by **TunnelRat** » Tue Sep 18, 2007 8:11 am

dngreer wrote: I could be entirely wrong, but for some reason I remember hearing that if a city is trying to challenge the state laws, they have to cover the legal fees of the person they are sueing. I have been looking around trying to find out if that is true or not, but maybe someone on here has heard the same thing and can point me in the right direction to a good source.

That was part of HB 347. The state has to pick up your legal bill if they charge you under the concealed carry law and you win. Be advised, however, that if you lose, you will be stuck with your legal fees and the court costs, on top of whatever fines may be imposed.

Some jurisdictions may try to get around this by charging you with some bogus infraction such as brandishing, disturbing the peace, inciting a riot, or whatever. It is not clear whether the new law requires the state to pick up your legal fees in such instances.

dngreer · Post by **dngreer** » Tue Sep 18, 2007 8:56 am

Thanks for the sources and info. It's nice to know I'm not entirely crazy!

The source that jabeatty listed is actually the exact site where I read that. I just couldn't remember where I had seen it.

Post by **SeanC** » Tue Sep 18, 2007 9:30 am

I OC in Columbus from time to time. Grocery stores, gas stations, Wal-Mart. No problems ever. The only people who seem to notice are kids, lol.