Take a hint from the VCDL?

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

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Timmy44221
Posts: 1576
Joined: Fri Nov 17, 2006 10:15 pm
Location: Akron Area

Take a hint from the VCDL?

Post by Timmy44221 »

OK so this is a Concealed carry organization, I get that. But is also a gun rights organization.

In Virginia, the VCDL uses open carry (in places that serve alcohol). It is relativly common place, I even did it when I was down there to see family. I didnt even go nuts or nothin.

So the Ohio law sates that we cannot have concealed weapons in many places such as governemnt building, and universities. Hmmm I cannot find the law right now (hint make the descriptions in the sticky clearer than what the government did).


Why is the information that OC is legal not get disseminated better? Of course many may not approve of the idea, as it could backfire. but it would seem that OC at these places may make them think about letting us CC there.

Just a thought.
fox72
Posts: 200
Joined: Mon Mar 27, 2006 7:38 pm
Location: Alaska

Post by fox72 »

It seems to me only hand guns are illegal in places that serve alcohol. The law in the sticky contradicts itself somewhat.

The first part says no firearms.
2923.121 Possession of firearm in liquor permit premises - prohibition, exceptions.
(A) No person shall possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
Then this part says you can have a firearm other than a handgun if these conditions are met.

(
C) It is an affirmative defense to a charge under this section of illegal possession of a firearm in liquor permit premises that involves the possession of a firearm other than a handgun, that the actor was not otherwise prohibited by law from having the firearm, and that any of the following apply:

2) The firearm was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon the actor or a member of the actor’s family, or upon the actor’s home, such as would justify a prudent person in going armed.
So if you wanted to carry a longun at a bar, you had reason to fear for your safety because the place has been robbed, so C2 applies. (theoretically) Absolutely nothing listed in this section about method of carry, just no handguns. All in all, sounds like a legal nightmare. Not to mention the response to carrying a long gun into a place.
Timmy44221
Posts: 1576
Joined: Fri Nov 17, 2006 10:15 pm
Location: Akron Area

Post by Timmy44221 »

What you cite is one are where handguns have been compleatly banned, but not all places are like that. other sections of the law only ceference concealed handguns, and do not mention openly carries ones.


The long gun part, is what is reffered to affirmative defence. You will be arrested, but ut can be used as a defence after the fact.
dngreer
Posts: 92
Joined: Wed Sep 12, 2007 7:02 am
Location: Ohio

Post by dngreer »

I agree, there are parts of the revised code that are confusing, or even seem to contradict. But when I see something like this, I have to consider the consequences for my actions. True, it may seem to be legal to OC some places where CC is prohibited, but do I have the time, money, resources, and patience to fight it out in court? I wish I could say that I do not care what the consequences are, but I have to realize it will affect my family as well. Basically, what I am saying is that it is wise to know what level of "2nd amendment activism" I can handle.
Protect and exercise our 2nd amendment rights before we have none to protect or exercise.
snoudude
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Joined: Mon Jan 09, 2006 8:00 pm
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Post by snoudude »

what might be an interesting approach would be:

Why not allow for folks that are "prohibited persons" from OC'ing in areas that would typically be "enumerated" locations such as schools and Class "D" that serve. At that point everyone knows who's got a gun (as much as I think that the element of surprise is a good thing or the don't shoot me first is a good thing) if a bad guy walked into an establishment that had 1/3 of the folks sitting at the bar wearing firearms it might cause them to think twice.

I wouldn't have a huge issue in uncovering my piece if it allowed me to carry in places where I have to leave it in the car (or worse yet at home). My folding knife's clip is visible for the world to see - in many places where my pistol "can't go"....
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