Legal or not

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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rdf37
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Legal or not

Post by rdf37 »

I was told that open carry holster was not a legal oc holster because it is an inside the waistband holster. I carry a Smith and Wesson SD9VE with iwb and a shirt that is tucked in. The gun is clearly visiable from about the whole grip up to about 1.5 inches of the slide. Thought about calling sherriff but thought I would run it past you all first so that when I do call I have some info on legal holsters

Thanks
rdf37
Brian D.
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Re: Legal or not

Post by Brian D. »

Hello, welcome. Your question has been dealt with before but that's okay.

An inside the waistband holster with shirt tucked in behind the gun should certainly qualify as open carry by the letter of the law. However, we've had incidents across Ohio where individual police officers--and at least one county prosecutor--didn't agree. They seemed to consider all IWB rigs as "concealing" the gun under any and all conditions. Keep in mind this has only happened a few times, and less as time goes on.

Do you have an Ohio CHL, or one from another state that Ohio recognizes? If so that potential problem would be a moot point. (When you get a carry license you certainly retain your right to carry openly! Like one longtime poster here says "when you get a driver's license you retain your right to walk".) The license makes things better in other ways too, like transporting the gun without a requirement to unload it.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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jabeatty
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Re: Legal or not

Post by jabeatty »

Brian D. wrote:Do you have an Ohio CHL, or one from another state that Ohio recognizes?
I don't believe so.
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Brian D.
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Re: Legal or not

Post by Brian D. »

Yes Jim I just saw his other post. When I replied he only had ONE post not two! :) Or so it stated beside his name.

Rdf37, how about putting a general location in your prfile so that it shows up next to your posts? 'SW Ohio' or whatever is good enough, it is helpful in your participation here, take my work for it. Even that buttinski jabeatty guy would agree. :mrgreen:
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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jabeatty
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Re: Legal or not

Post by jabeatty »

Brian D. wrote:Even that buttinski jabeatty guy would agree. :mrgreen:
That jabeatty dude has been known to disagree just for disagreement's sake, which is why we hate him so.
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Re: Legal or not

Post by Javelin Man »

That jabeatty dude has been known to disagree just for disagreement's sake, which is why we hate him so.
Stop defending him. :wink:

A S&W SW*VE is just about as large as a High Point making it nearly impossible to conceal completely iwb. It would almost have to be an open carry unless you have a cover garment.
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Re: Legal or not

Post by pleasantguywhopacks »

I have it on god authority that jabeatty was open carrying yesterday in a nice OWB holster.. :D
http://www.youtube.com/watch?v=qOxXpNBdrVE" onclick="window.open(this.href);return false;
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JustaShooter
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Re: Legal or not

Post by JustaShooter »

pleasantguywhopacks wrote:I have it on god authority that jabeatty was open carrying yesterday in a nice OWB holster.. :D
God authority would be the highest and most reliable, so it must be true... :wink:
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Re: Legal or not

Post by SMMAssociates »

Just IMHO, the real problem here is the fuzzy nature of the silly law....

Back in the "plain sight" era, at least one lawyer told me that he'd heard of convictions where a gun was visible enough to be considered contraband if the carrier wasn't licensed, but not visible enough to be "in plain sight" for the CHL holder....

Seems like some LEO's don't feel that an IWB is visible, even with that gun. I don't agree, but a lot of good that did way back when.

One interesting thing, though. I carried "prudent man" for a long time, using a Walther PPK/S, which is almost invisible open or concealed, and had to switch to a 1911 to be "in plain sight" when I had to get the CHL. Mouse gun to hand cannon.... More dangerous? Probably not when you consider my experience level and training (semi-retired rent-a-cop, among other things), but if you only look at the size of the round....

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BobK
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Re: Legal or not

Post by BobK »

It is a great argument and discussion whether carrying IWB with the grip above the belt-line counts as concealed of not.

In my viewpoint, I can be as convinced as need be that it counts as open carry. However, run into an LEO who disagrees with my opinion and I could be facing the prospect of paying an attorney to defend me against felony charges.

On the other hand, for less than $30 I can purchase an inexpensive OWB belt or paddle holster from Fobus. Don't like Fobus? Then the holster world is full of choices.

If I was unlicensed and open carrying in Ohio, I'd rather pay for the OWB holster than risk the drama associated with an LEO threatening to arrest me, much less an actual arrest.

Your financial resources and willingness to risk thousands of dollars in legal fees may very well be different from my propensity to accept risk. Good luck with your choices.
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rdf37
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Re: Legal or not

Post by rdf37 »

Brian D. wrote:Yes Jim I just saw his other post. When I replied he only had ONE post not two! :) Or so it stated beside his name.

Rdf37, how about putting a general location in your prfile so that it shows up next to your posts? 'SW Ohio' or whatever is good enough, it is helpful in your participation here, take my work for it. Even that buttinski jabeatty guy would agree. :mrgreen:

Just did.

Also...I do in fact have an owb ordered from Old Faithfull Holsters but estimated shipping date is early July so when it gets here I will have no issues. You all have been a great help as I have read some post and some orc reguarding open carry and it is about as clear as mud to me lol.

It is an interesting thought though and is just one more example of how we continually get our rights slowly taken away a little at a time. Open carry has become a very sore subject for many people because of uninformed citizen like myself not realizing my rights because of assuming the law knows best.

Thanks
rdf37
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Re: Legal or not

Post by TunnelRat »

rdf37 wrote:It is an interesting thought though and is just one more example of how we continually get our rights slowly taken away a little at a time. Open carry has become a very sore subject for many people because of uninformed citizen like myself not realizing my rights because of assuming the law knows best.
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