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concealed carry from an arkansan?
Posted: Sat Sep 24, 2022 7:35 pm
by slidelock15
I have a buddy coming to visit from arkansas. He wondered if the new permitless carry law would allow him to carry concealed in Ohio? I would hate to steer him wrong. Thoughts?
Re: concealed carry from an arkansan?
Posted: Sat Sep 24, 2022 7:36 pm
by slidelock15
He does not have an Arkansas concealed license.
Re: concealed carry from an arkansan?
Posted: Sat Sep 24, 2022 8:34 pm
by Brian D.
"Paging JustaShooter. JustaShooter, please pick up the white courtesy telephone." Think I know the answer here, but this is a "What if?.." question I've not pondered with our new, permitless concealed carry.
Re: concealed carry from an arkansan?
Posted: Sun Sep 25, 2022 6:39 am
by JustaShooter
Ohio's permitless carry law allows anyone 21 or over, resident or nonresident, who can legally possess a handgun and has nothing in their background that would prevent them from getting a license, to carry a concealed handgun in Ohio anywhere a person with a license could carry (except within the Federal 1000' Gun Free School Zone unless on private property).
So, assuming your buddy is 21 or over and hasn't been a bad boy, he can indeed enjoy the privilege of carrying a concealed handgun while visiting Ohio.
Re: concealed carry from an arkansan?
Posted: Sun Sep 25, 2022 7:14 am
by Brian D.
slidelock15 wrote:I have a buddy coming to visit from arkansas. He wondered if the new permitless carry law would allow him to carry concealed in Ohio? I would hate to steer him wrong. Thoughts?
Slide lock, please be sure to thank JustaShooter for his quick, accurate reply. (I looked it up after paging him, and he's spot on.) Also, make sure your Arkansas friend knows about statutory and by-posted-signage "no carry" places.
This thread reminds me, I need to look up something about Louisiana's carry laws. Friend of a friend from there was visiting Cincytucky and mentioned that his state had an "enhanced" carry license, which allowed carry in government buildings, even federal ones.
This I gotta see for myself.
Re: concealed carry from an arkansan?
Posted: Sun Sep 25, 2022 9:32 am
by 513resident
Thanks for the good information justashooter. TBH I had never really researched the new laws because it was sort of a non-issue for me as I have an Ohio CHL that is valid for another 5 years.
Re: concealed carry from an arkansan?
Posted: Thu Jan 05, 2023 5:01 pm
by jpliss
What did you find if anything ?
Re: concealed carry from an arkansan?
Posted: Thu Jan 05, 2023 7:55 pm
by Brian D.
jpliss wrote:What did you find if anything ?
If you meant my post about Louisiana, no, their "enhanced" license doesn't allow carry in federal buildings there.
Re: concealed carry from an arkansan?
Posted: Thu Jan 05, 2023 11:11 pm
by Bearable
18 USC 922(q) within a 1000 ft. of a school is unconstitutional per the USSC.
Read United States v. Morrison, 529 US 598, 508 - Supreme Court 2000
There are many unconstitutional laws on the books that congress will not repeal. Good example is the Logan Act. It has been made clear that if charged under the Logan Act it would be in direct conflict with the First Amendment and would be found unconstitutional. Yet, it is still on the books.
In 2000 the Supreme Court in United States v. Morrison, 529 US 598, found 42 USC §13981 unconstitutional. The whole section. That statute remained in the law until 2017. But a footnote says it was found unconstitutional per United States v. Morrison, 529 US 598.
In 2010 Title 34, Navy, was repealed. Then in 2017 a new Title 34, Crime Control & Law Enforcement, was created. And all of a sudden, the unconstitutional 42 USC §13981 was editorially reclassified as section 12361 of Title 34. Now a footnote says “Analysis and Interpretation Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.” It went from whole to whole or in part, implying it is still a lawful act.
Do you really think Congress cares what the Supreme Court rules? Not really. That’s why 18 USC 922(q) [as fully explained in Morrison] is still on the books even though it was found unconstitutional.
Re: concealed carry from an arkansan?
Posted: Thu Jan 05, 2023 11:13 pm
by schmieg
Brian D. wrote:jpliss wrote:What did you find if anything ?
If you meant my post about Louisiana, no, their "enhanced" license doesn't allow carry in federal buildings there.
Federal pre-empts State. The only time I can think of that a State law allows carry on Federal property is the National Park situation which is allowed by Federal statute.
Re: concealed carry from an arkansan?
Posted: Fri Jan 06, 2023 9:07 am
by Brian D.
schmieg wrote:
Federal pre-empts State. The only time I can think of that a State law allows carry on Federal property is the National Park situation which is allowed by Federal statute.
I know it, Mike. This friend of a friend from Louisiana was insistent about his belief. He returned home before I could chat with him further.