Posted: 4/20/2001 12:52:01 PM EDT
I live near Cinci and I was reading on the NRA-ILA web site about Ohio gun laws and I wanted to know what the the following passage means in relation to the recent riots:
"It is an affirmative defense to a charge of unlawful possession in a motor vehicle or possession in a room in which liquor is being dispensed pursuant to a liquor license that the actor is not otherwise prohibited from having a firearm, the firearm was carried for defensive purposes, and either of the following apply: (1) the actor was engaged in or going to or from his business or occupation which was of such character as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed; or [b] (2) the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon himself or his family as would justify a prudent person in going armed. Affirmative defenses must be proven by the defendant and are generally strictly construed against the defendant."[/b]
My wife works at a hospital (has to go) down by the area that had the "protests" and it seems like this is saying that if you are in danger, you can have rifle in your car. (Cinci city has some other restrictions that I won't get into here.) Does this mean that you can "really" have a pistol or a shot gun loaded/unloaded in your car when as a riot happens? My wife drives through the area where people were being dragged out of their cars, so I think that this is a legitimate concern of mine.
Is this one of those instances where if they find it, they are going to arrest you and let the courts sort it out and you never get to see your gun again?
I am looking for a real answer here, not some "I carry my gun all the time because of the 2nd" comment. I really don't want to be put into a lock-up when the it is full of people upset with "suburbanites". If I end up in prison my nick name is going to be "Prom Queen", so I would rather not get busted.
I was born and raised in Ohio.
AFAIK, in your car MUST be stored seperate. (read NOT readily accessable). PERIOD.
CCW does not exist PERIOD.
The affirmative defense is ' as a prudent man would do'. The laws you quoted I believe are from the liquor laws, but are basically VERY similar to the ORC/OAC.
As I always understood it, you more than likely WILL be charged, and judged. You will only need to be 1) WELL connected OR 2) scared as hell in a corner and then MAYBE.....
Sorry, but regardless of the states constitution(RKBA) you are screwed in Ohio. Taft lied to get his, that POS. I personally did choose to carry at times, when I FELT it was warranted. And if I was headed thru riots? A shoulder holster, IWB holster AND an ankle holster!
With Liberty and Hydra Shoks for all.......
Thanks for the insight. I was kind of suprised when I found that language on the NRA-ILA sight, since I have always thought that you had to have it seperate, no ammo in it.... So from the language of the site and your response, I would assume that it make sense only to have something if you REALLY thought that something DEFINATELY was going down.
OF course I read somewhere that some gun guru was asked what gun he would bring if he know he was going to be attacked, and he replied that he just wouldn't go. Of course in a perfect world the cops would be able to protect us. (Not a slam against cops, but a realization that their are more bad guys than cops.)
I have to think that the rioting would have been much shorter and with out the pulling people out of their cars if we had CCW. If one in ten cars have a gun in it, pulling people out of cars becomes a more dangerous occupation than fishing off of Alaska. I hope we are able to capitalize on this next time CCW comes up with some ads of people being pulled from their cars. Nice slow motion shots of the predatory rage on the attackers face and the helpless look on the victims face. I also heard un-officailly that there were a number of rapes that weren't mentioned in the news.
I visit Texas for business often and I have to admit that I love it doen there. Those guys are American's Americans. When was the last time there was civil unrest down there?
Only you can say if you will obey an unjust law and put yourself at risk. I would rather take my chances in court than with a mob!