First time open carrying

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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TJW815
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Re: First time open carrying

Post by TJW815 »

Nocturnx wrote:
BobK wrote:
Nocturnx wrote:... The only reason a gun should clear the holster is if you are in fear of your life. ...
Do not forget the law on use of deadly force is different for animals versus people.

Assuming I am someplace that I am legally allowed to be, I can shoot any dog in Ohio that is simply approaching in a menacing fashion or apparent attitude of attack (R.C. 955.28). I certainly do not need to be in "fear of my life".

Back to the OP, glad he was a good Samaritan and nothing negative happened.

Except HE was the one approaching the dog in a menacing fashion... The dog was chained to a pole minding his own business, the dog had more reason to draw lol.

Dog was dragging his chain and tie down (large auger looking thing) which as she ran across the road became twisted on telephone pole support wire to be more precise. Guide wire was only a couple feet (maybe five) off of a road at the peak of a hill. Her lead was approximately 10+ feet long. If she would have been in a position where she wouldn't have most likely been hit by a car I would have let her, again night time, peak of a hill, which makes it a blind spot for cars creating it at the posted speed limited of 45 mph.

So to the two or three people that think I was wrong in what I did, I'm sorry you feel that way. Actually strike that, I really couldn't care less. The dogs owner couldn't care less, hell the dog couldn't care less.

Further, I as well as others here, have discussed the issue at hand with 1.) authority having jurisdiction over the area (Sherrif dept.) as well as their secondary local l.e.o. Sgt that could have been called as mutual aid that evening. 2.) L.e.o. Sgt in a different jurisdiction. 3.) attorney 4.) local prosecutor. You know what, they all agree, NO FOUL, I was justified in what I did.

But what the select few of you are saying is that since the average response time in that area for a non-emergency call is approximately 45 minutes, the dog warden only responds during "bank hours," and lights were off everywhere I should have just let the dog get plowed through by the next passing car? To think you pass judgement on me for just having my gun in my hand in case she attacked? Hell, I didn't even point it at her, just held it near my holster. :roll:

By the way, Nocturnx, I don't think holding a gun in your hand is legally classified as menacing, just saying.
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whoownsyou
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Re: First time open carrying

Post by whoownsyou »

Nocturnx wrote:Secondly, he was approaching the dog with the gun drawn, he was the initiator. ... Being prepared and walking around with a gun drawn are two different things. Gun holstered is prepared, walking around with it in your hand can be considered menacing.
Gun holstered is prepared for the possible need of it. Gun drawn is prepared for the possible use of it.

Gun drawn is no more force than is having it holstered. That was the purpose of my HYPERBOLE: to follow the assertion that gun drawn equals menacing to its logical conclusion. We believe there is a difference between holstered and palmed because people we believe to have authority over us have classified them differently.

You are correct to point out that a burglar situation is different. It was a contrast used in an attempt to emphasize the importance of context. The suggestion that a man approaching a dog with intent to rescue it could be classified as menacing simply because he had palmed a gun--knowing full well that dogs, particularly ones in distress and/or in the presence of somebody unfamiliar CAN attack--is silly.
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Nocturnx
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Re: First time open carrying

Post by Nocturnx »

Wow, I think we are just misunderstanding each other. My second post was in jest as I stated before. I said I wouldn't have put myself in that situation, because if the dog had attack and he shot it, I think he would have a difficult time explaining that one to the owner, and then an LEO, since he was the one that got out of his car and approached it. I think it's one thing to be walking down the street and get attacked by a dog and another to be driving down the road, stop, get out of your car, and initiate contact with your gun drawn. I don't think what you did is at all illegal/wrong, I just wouldn't have done it. I also never said "holding a gun in your hand is legally classified as menacing", please show me where I said that, just saying. We'll just have to agree to disagree.
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TJW815
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Re: First time open carrying

Post by TJW815 »

Nocturnx wrote: walking around with it in your hand can be considered menacing.
There you go slick.
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Re: First time open carrying

Post by Nocturnx »

Menacing as in threatening. My comment was not in reference to any legal term/charge and not what you quoted I said. Here you go buddy, from dictionary.com:

Menacing  
Use Menacing in a sentence
men·ace [men-is] Show IPA noun, verb, men·aced, men·ac·ing.
noun
1.
Something that threatens to cause evil, harm, injury, etc.; a threat
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Re: First time open carrying

Post by whoownsyou »

Nocturnx wrote:Menacing as in threatening. My comment was not in reference to any legal term/charge
Same here. As evidenced by
whoownsyou wrote:We believe there is a difference between holstered and palmed because people we believe to have authority over us have classified them differently.
"If you can get the cows to attack each other whenever anybody brings up the reality of their situation, then you don't have to spend nearly as much controlling them directly." -Stefan Molyneux

"Most of what I do can be summed up by: I go around telling people that they should be free and they tell me, 'No, I shouldn't.'" -Larken Rose
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Nocturnx
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Re: First time open carrying

Post by Nocturnx »

whoownsyou wrote:We believe there is a difference between holstered and palmed because people we believe to have authority over us have classified them differently.
I can see that, interesting point. It's just the way our society is.
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Re: First time open carrying

Post by TJW815 »

Nocturnx wrote: ........
whoownsyou wrote:If we could be guilty of menacing just for being prepared at a point in time where risk is higher, then we could be guilty of menacing for carrying a gun, for having applied for the license, for owning the gun...
I think your exaggerating quite a bit here. Being prepared and walking around with a gun drawn are two different things. Gun holstered is prepared, walking around with it in your hand can be considered menacing.
In the context in which you used it, including the quote you quoted, you infer that it is illegal. Perhaps something was lost in your method of delivery and that's not what you meant, or perhaps you were backpedaling, either way, that's why I said what I did. Perhaps if you left out "considered" it would not be misconstrued.

I'm not mad at ya, we are on the same side after all :wink: But I do enjoy talking in circles.
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Re: First time open carrying

Post by TunnelRat »

Good enough, thanks.
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