Open Carrying in Ohio.....

This is a discussion on Open Carrying in Ohio..... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Okay, as you can see from my post count, I'm not very active on the board and I guess Im not really up to date ...

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Thread: Open Carrying in Ohio.....

  1. #1
    Senior Member Array Sig229's Avatar
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    Question Open Carrying in Ohio.....

    Okay, as you can see from my post count, I'm not very active on the board and I guess Im not really up to date on CC issues. I looked around on the board for my questions, but didn't really see anything.

    But I understand that one can carry openly in Ohio with no license, only in areas and business that allow it and your weapon must be seen in at least 3 directions, is this correct?

    Have any of you carried openly in OH? Have you gotten any static from the police?
    If so, what do they do?

    I'm asking because next week Im moving to Pennsylvania and the town I will be living in is right on the PA/OH border. So I would really enjoy carrying openly when I go to OH.

    Any suggestions would be greatly appreciated.
    Primary Carry Gun: Sig Sauer 229~R (.40cal w/ Golden Saber JHP's)

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  3. #2
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    Array buckeye .45's Avatar
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    Ohio requires a CHL to have their weapon in plain sight while in a vehicle, but other than that it has to be concealed. It was my understanding that open carry was not allowed in Ohio even for holders of CHL's. Where did you find the regulation about open carry and that it has to be able to be seen from three directions? The only open carry I have ever seen in the state was by LEO's while on duty.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

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    Member Array richardoldfield's Avatar
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    Most states have open carry laws but I am not about to test them. Why? I WANT TO LIVE! Let sleeping dogs lie. Regards, Richard

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    Member Array ka0azs's Avatar
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    Legally under state law you can do it. I do NOT recommend it, at least not in urban and public areas based on anecdotal evidence from others. You're likely to get a lot of LEO attention from "man with a gun" calls. I have to check, but I think PA CHL has reciprocity with Ohio.

    Personally, I don't see why so many folks are insterested in open carry except at the range, and maybe hunting/hiking in the woods. Why advertise?

    Check out the Ohioans For Concealed Carry web site as IIRC there have been several discussions about this subject in their forum.
    Randy
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  6. #5
    Distinguished Member Array AKsrule's Avatar
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    can't comment on how Ohio treats people .

    Just wanted to mention that without a License it is not legal to
    carry a LOADED weapon in a motor vehicle in EITHER PA or OH.

    When you get here (PA) do two things - register to vote and apply
    for a CCL
    -------
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    http://www.handgunlaw.us

    "If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
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  7. #6
    Senior Member Array Sig229's Avatar
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    Quote Originally Posted by buckeye07 View Post
    Ohio requires a CHL to have their weapon in plain sight while in a vehicle, but other than that it has to be concealed. It was my understanding that open carry was not allowed in Ohio even for holders of CHL's. Where did you find the regulation about open carry and that it has to be able to be seen from three directions? The only open carry I have ever seen in the state was by LEO's while on duty.


    Well, I used to be a member of another gun board until I found out how many bigots and liars reside there and I left. I'll refrain from naming it out of respect of members here who post on it

    It was about 3 years ago and many of the Ohian members talked about a new bill that had passed where Open carry with NO CHL was legal. They even went out to some restaurant and took pictures of them carrying in it while eating.

    I met one of the members before that particular bill passed at a national shoot (In VA) and I know for a fact he wasn't a LEO.

    Perhaps OH did away with that law?
    Primary Carry Gun: Sig Sauer 229~R (.40cal w/ Golden Saber JHP's)

  8. #7
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    I know that before Ohio's CHL passed there were demonstrations in front of the Statehouse that were open carry demonstrations, it is my understanding that before CHL went into effect, it was legal. But something about the writing of the CHL law made it a requirement to get a liscense to carry a loaded handgun. I am not a lawyer, this is just my understanding of how the law works. Even if it was legal, I would not risk it, I get enough dirty looks driving down the highway with a shotgun in a gun rack in my pickup, Lord only knows what would happen if I walked into a store with a .45 on my hip.

    Also due to Ohio's lack of pre-emption in gun laws for now, you would have to check with whatever area you will be close to since there are all sorts of strange gun laws in Ohio right now. My advice would be to contact a lawyer in the area on the Ohio side of the border, and talk to him about it.

    http://www.ohioccw.com/ there is the Ohioans for concealed carry site mentioned earlier. Lots of good info there.

    Here is what packing.org says about it

    "Ohio's new concealed carry law has unfortunately removed every affirmative defense from the law. It is a criminal offense to carry a concealed firearm without a license or temporary emergency license to do so. The former law provided affirmative defenses which will not longer be available.

    However, it is not against State law to carry a firearm openly so long as you are not in a motor vehicle. There are various local ordinances that prohibit this activity."

    Ohio and PA do not have reciprocity accoridng to the Ohio Attorney General, here is his page http://www.ag.state.oh.us/le/prevent...arry/index.asp

    Hope you can find what info you need between all those sights and talking to a lawyer in your area
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

  9. #8
    Member Array ka0azs's Avatar
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    IIRC the open carry events were part of the campaign to get a CHL system in Ohio.

    Open carry was already (technically) legal in Ohio. Walks and events with people carrying openly were meant, if I understand it properly, to get people not fully comfortable with firearms to understand we could already carry, but that we wanted to be able to carry concealed, thus sparing their delicate systems from the shock of seeing a holstered weapon on a non-LEO.

    It was also a way of showing politicians how many people, and how many different types of people, supported CHLs.

    As I understand it, you can open carry in Ohio, but NOT in a vehicle(unless you have a CHL, in which case you have to have it visible under current law, No CHL, it has to be unloaded and transported in locked case etc...), and of course not into Govt buildings or other places posted with Gun Buster signs.

    I don't know about more rural areas of the state, but as I said earlier, you're likely to get more Police attention than you want in Dayton or other urban areas as the sheeple are not accustomed to it.
    Randy
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  10. #9
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    Ohio still has the affirmative defense or prudent person clause built into its CCW law.
    It basically says you can carry without a CCW, but the burden of proof is on you to prove you were prone to an attack.
    You still are leaving yourself open to an arrest, and legal fees to prove your innocence. I would not try to do this unless you truly have good reason to. Oh yeah, you will get plenty of static from LEO's and busy bodies here in Ohio.

    Here it is;

    (D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:


    (1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.

    (2) The weapon 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, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed.


    (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.


    (4) The weapon was being transported in a motor vehicle for any lawful purpose, was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.


    (E) It is an affirmative defense to a charge under division (A) of this section of carrying or having control of a handgun other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the handgun and that the handgun was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home, provided that this affirmative defense is not available unless the actor, prior to arriving at the actor's own home, did not transport or possess the handgun in a motor vehicle in a manner prohibited by division (B) or (C) of section 2923.16 of the Revised Code while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.


    (F) No person who is charged with a violation of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code as a condition for the dismissal of the charge.

  11. #10
    Member Array Linda's Avatar
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    Open carry has been legal for 200 yrs in Ohio and it was not effected when the concealed carry law past nearly 3 yrs ago. BUT, as everyone else has said.....don't do it!!! It WILL be just a matter of time before you get harrassed by "a man with gun" call in. They can cite you with inducing panic. And as others have asked, why would you want to anyhow, unless you're a Maverick who has more money than you know what to do with, while you defend yourself on those inducing panic charges. Get your license to carry and then keep your element of surprise from the bad guy to yourself.
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