OC

charliej47 · August 11th, 2009, 01:44 PM

I had an interesting conversation with an Ohio Police Officer. I was OC'ing in Wally-World and had just left when the officer came up and started talking to me. He said that the way the OC code is written I can be arrested for Open Carrying inside a building. I can not find anything that supports his statement. Can anyone provide some info?

Anubis · August 11th, 2009, 01:59 PM

If the officer truly thought that your carrying was illegal, he would have arrested you.

kellyII · August 11th, 2009, 02:45 PM

Quote:

Originally Posted by Anubis

If the officer truly thought that your carrying was illegal, he would have arrested you.

so he willingly let you break the law????? Yea right

If the building was posted then there may have been a problem, but breaking the law and arrested.... I truly dobt.....

DarylW · August 11th, 2009, 03:01 PM

You should have asked him to show you the state law that provides for that.

Here in Az, officers generally carry a big, thick book with all the statutes. If they accuse you, just ask them to point out which law it is you broke, and tell them to show you in writing.

I once had a new DPS officer here that pulled me over in a F550 dump truck. He tried to get me for no seat belt, but the law at the time said I didn't have to wear it in vehicles older than 1972...it was a 1970 dump truck.

Then he tried to get me for no CDL, but the truck was registered at 26,000 lbs. I only needed a CDL if it was registered for over 26,000 lbs.

So then he tried to tell me I needed a health card with my class 2 license for a vehicle over 21,000 lbs, so I asked him to show me that law, since I was unfamiliar with it.

He couldn't find it, and couldn't issue a citation on it because it didn't exist.

He went over the vehicle thoroughly, and finally killed the battery by the time he was done. I had to get a jump start from him, but he didn't give me any tickets.

This happened in the early 1990's, and I've done the same thing a few more times since. LEO's are often mistaken in their understanding of the law, so when they're wrong it'd good to let them know...in a kind way, if possible.

Daryl

tinkerinWstuff · August 11th, 2009, 03:12 PM

Quote:

Originally Posted by Anubis

If the officer truly thought that your carrying was illegal, he would have arrested you.

+1 agreed

jahwarrior72 · August 11th, 2009, 04:58 PM

a couple of years ago, two deputy sheriffs gave me the same schpiel, about how open carry was illegal:

http://opencarry.mywowbb.com/forum46/16516.html

funny how they never arrested me...

archer51 · August 11th, 2009, 04:59 PM

I'd call the local police department and tell them about the conversation you had, and ask for a reference.

JD · August 11th, 2009, 06:09 PM

Sounds like he was aiming at this:

Quote:

2917.31 Inducing panic.

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

(2) Threatening to commit any offense of violence;

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

( B ) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

©(1) Whoever violates this section is guilty of inducing panic.

It that's what he was referring to, well that's one hell of a stretch IMHO.

Xader · August 11th, 2009, 07:33 PM

Many states' AGs have issued notices that a gun carries in a holster is not cause for "inducing panic", "public disturbance", etc.

Federal Way, WA had a big one on this not long ago.

charliej47 · August 12th, 2009, 07:24 AM

He was stating that the law could be interpreted as being in a building and OC'ing could be the same as being in a car if you were not licensed.

August 11th, 2009, 01:44 PM	#1
charliej47 Member Join Date: Feb 2009 Location: Middletown, Ohio Posts: 22	OC I had an interesting conversation with an Ohio Police Officer. I was OC'ing in Wally-World and had just left when the officer came up and started talking to me. He said that the way the OC code is written I can be arrested for Open Carrying inside a building. I can not find anything that supports his statement. Can anyone provide some info? __________________ The Second Amendment is about the right to be able to protect oneself from all who would do us harm including Legislators! I came into this world screaming and covered in someone Else's blood, don't care if I go out the same way

August 11th, 2009, 01:59 PM	#2
Anubis Distinguished Member Join Date: Dec 2004 Location: Arapahoe County CO Posts: 1,257	If the officer truly thought that your carrying was illegal, he would have arrested you. __________________ "If you got to shoot, shoot! Don't talk!" -Tuco Ramirez-

August 11th, 2009, 04:58 PM	#6
jahwarrior72 Senior Member Join Date: Apr 2006 Location: the raggedy edge Posts: 1,047	a couple of years ago, two deputy sheriffs gave me the same schpiel, about how open carry was illegal: http://opencarry.mywowbb.com/forum46/16516.html funny how they never arrested me... __________________ *1 in 150 children are diagnosed with autism. two of them are mine.* http://profile.myspace.com/index.cfm...endid=19644781

August 11th, 2009, 07:33 PM	#9
Xader Member Join Date: Jul 2009 Location: Oregon Posts: 225	Many states' AGs have issued notices that a gun carries in a holster is not cause for "inducing panic", "public disturbance", etc. Federal Way, WA had a big one on this not long ago. __________________ "Life is an excellent teacher; unfortunately, it kills all of its students."

August 12th, 2009, 07:24 AM	#10
charliej47 Member Join Date: Feb 2009 Location: Middletown, Ohio Posts: 22	He was stating that the law could be interpreted as being in a building and OC'ing could be the same as being in a car if you were not licensed. __________________ The Second Amendment is about the right to be able to protect oneself from all who would do us harm including Legislators! I came into this world screaming and covered in someone Else's blood, don't care if I go out the same way

August 11th, 2009, 03:01 PM	#4
DarylW Member Join Date: Jul 2009 Location: Southeast Arizona Posts: 75	You should have asked him to show you the state law that provides for that. Here in Az, officers generally carry a big, thick book with all the statutes. If they accuse you, just ask them to point out which law it is you broke, and tell them to show you in writing. I once had a new DPS officer here that pulled me over in a F550 dump truck. He tried to get me for no seat belt, but the law at the time said I didn't have to wear it in vehicles older than 1972...it was a 1970 dump truck. Then he tried to get me for no CDL, but the truck was registered at 26,000 lbs. I only needed a CDL if it was registered for over 26,000 lbs. So then he tried to tell me I needed a health card with my class 2 license for a vehicle over 21,000 lbs, so I asked him to show me that law, since I was unfamiliar with it. He couldn't find it, and couldn't issue a citation on it because it didn't exist. He went over the vehicle thoroughly, and finally killed the battery by the time he was done. I had to get a jump start from him, but he didn't give me any tickets. This happened in the early 1990's, and I've done the same thing a few more times since. LEO's are often mistaken in their understanding of the law, so when they're wrong it'd good to let them know...in a kind way, if possible. Daryl

August 11th, 2009, 04:59 PM	#7
archer51 VIP Member Join Date: Nov 2007 Location: VA Posts: 6,316	I'd call the local police department and tell them about the conversation you had, and ask for a reference.

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