Our prosecutors interpretation was pretty simple. Any cop city county state fed is within the scope of their duties at all times while carrying a weapon so long as they are not otherwise doing anything illegal. He will simply not take a charge related to cops and firearms and cops. This in Cleveland was once extended to licensed security guards. I had one public intox and armed while not working. The prosecutors office took the public intox charge, but would not touch the weapons violation. Some years ago Atty General Lee Fischer ( shaker hts liberal dem) did post a statewide opinion on the matter. He determined that all cops from Wherever could carry off duty on duty concealed in Ohio. Does this still hold, don't know, as Sukube indicated there is wiggle room in the law. Would I ever arrest another cop for CCW with no other crime committed Quite simply no, based upon my understanding of our interpretations it is not illegal. Would I ever arrest a private citizen for CCW, well, simple answer is I can't arrest someone for a crime that I did not detect. What were the circumstances, was someone merely going armed, or were they perhaps dropping off the store receipts at the night drop. Were they a gun dealer carrying weapons and going to a show? Were they in fear and had documented threats on their life, or were they a low life dirtbag out to cause trouble. Discretion is a wonderful thing. If their circumstances are likely to meet the affirmative defense test, why should I waste my time.
Now the puzzling question, Could an inner city gang banger with no prohibiting convictions, but rival gangs threatening him and his turf fall under an affirmative defense as he could prudently fear for his life such that a reasonable person would go armed under 2923?