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Page Hometown » Ohio
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1/25/2018 7:38:29 AM
Posted: 10/9/2003 3:08:25 AM EST
Here is the letter I sent to officials in my surrounding areas. Of course, modify it to suit your needs.
Dear Honorable Mayor, Chief of Police, Law Directors, Etc.:

On Wednesday, September 24th, 2003 the Ohio Supreme Court ruled in Klein v. Leis indicating Ohio Revised Code 2923.12 and 2923.16 (prohibits carrying concealed firearms) are constitutional.

However, the court stated that the fundamental right to bear arms for defense and security, protected by the Ohio Constitution, Article I, Section 4 is protected by a citizen’s ability to carry a firearm openly in the State of Ohio.

For instance, a citizen can exercise his rights under the Ohio Constitution by carrying a loaded firearm in an openly visible holster, but he may not conceal his firearm.

So long as this citizen is not breaking any other laws that prohibit possession of a firearm, his actions are constitutionally protected.

Based upon this ruling, there are some questions that I would appreciate your answers to:

Would any person or I be arrested for walking through town with an openly visible firearm holstered on the belt?

Are there any local ordinances that prohibit this that would be enforced?
If so, please cite these ordinances.

If there are local ordinances, do you foresee those ordinances being unconstitutional in light of the Ohio Supreme Court’s opinion that openly carrying a firearm is the proper way to exercise the fundamental right to bear arms for “defense and security” as written in our State Constitution?

Would I, or any other person be arrested for frightening or panicking persons who are unaware that open carry of weapons is Constitutionally protected as declared by the Supreme Court of Ohio?

Is there any situation in which any citizen, not otherwise in violation of any law, would be arrested for carrying openly, which has been deemed by the Supreme Court to be the proper way to exercise the fundamental right of bearing arms?

I would appreciate a written response, or a facsimile sent to my attention at (330) 908-2881.



So far the only answer I've gotten is typical beaurocratic bullshit from the Independence Chief of Police stating "we do not render opinions on hypothetical legal questions."

Good luck.
Link Posted: 10/9/2003 8:13:45 AM EST
Scottman, thanks for posting the letter. That letter was originally written by Jeff Garvas, the President of Ohioans For Concealed Carry. I made modifications to it and sent it back to Jeff. It then became OFCC's official letter. You can download it at www.ofcc.net. Please join OFCC while you are at the site.

Teamleader, OFCC
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