[charliej47]

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?:ahhhhh:

 

[Anubis]

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

 

[kellyII]

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]

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]

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

+1 agreed

 

[jahwarrior72]

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]

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

 

[JD]

Sounds like he was aiming at this:

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]

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

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

 

[charliej47]

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.

 

[automatic slim]

Not necessarily.........

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

When I was an LEO I gave quite a few verbal warnings for minor infractions, especially if it appeared the violator was unaware they were commiting a crime, i.e. "Ma'am children that small have to be in a carseat, they cannot be seatbelted, I'll have to cite you next time have a nice day"

 

[rtroha]

Complete baloney. There are no laws in Ohio specifically regulating OC. The preemption law (ORC 9.68) mentions OC in passing, basically just acknowledging that it exists. That is the only mention of OC in Ohio law.

There are some general firearms laws that affect OC like the vehicle transport law that says you need an Concealed Handgun License to legally carry a loaded handgun in a motor vehicle in Ohio. Also, there are a few places in Ohio, like a school property, where no can carry a gun, concealed or open.

 

[Brian D.]

So, by this policeman's reckoning, in Ohio a building = a car ??

Unless this particular Walmart was on wheels, he's off his meds or something.

Our Inducing Panic law, as stated above, requires a person to be doing something illegal to begin with--which ain't open carry in and of itself.

 

[Brian D.]

Did you do any following up with this officer's department, Charlie?

 

[charliej47]

I did not and it was a Riverside PD and I was at the Wal-Mart store near the Commons.