Posted: 6/10/2005 9:04:15 AM EDT
| Who here knows about it? I'm LE and have carried everywhere I've gone. Now that this has passed, you don't need CCWs from any state so long as you have your creds/badge and authrorized firearm. There's always one asshole in every family and I was always worried about other state CCWs, but I've have run into people I've arrested in the darndest of places....and they remember me. |
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Title 18, Chapter 44, Section 936 B and C, U.S.C. (aka H.R. 218) is pretty cut and dried. You can carry. However, state and local laws regarding magazine capacity and type of ammo that may be possesed and the manner in which your firearm may be carried in a vehicle for example differ from place to place. The federal law doesn't address those issues. In Ohio, the State Highway patrol and the Ohio Association Of Chiefs Of Police have issued their own interpretations. Basically, they claim that an off duty Peace Officer has the same limitations as a civillian when if comes to CCW. Such as; under Ohio's CCW law, you can carry a firearm in a motor vehicle but it must be in a locked container. Personally, I think the when the federal law says concealed, it means concealed. We'll see if and when any state or local authorities want to challenge the law and bring charges against an LEO. |
 Sounds like a bad faith interpretation to me!!  (Also, I thought Ohio CCW holders could be carrying while driving, anyway, though the handgun had to be clearly visible - or something like that.)Anyway, DOE, suggest you read the actual law. There are some definite limitations to it. Also, the FOP has a FAQ (updated just a few days ago) you might want to take a look at: www.grandlodgefop.org/ |
It should be noted that there is a large body of opinion that the view of Ohio and other jurisdictions at least violates the spirit of HR218 in that it makes it possible for a state to loophole around the statute by tacking on hard to comply with rules. I wouldn't want to be the test case, but I seriously doubt that Ohio's interpretation is going to be upheld by any federal court. It's going to have to be ironed out in the courts or states like Ohio with politicians who didn't agree with the passage of HR218 are going to undermine it to the point it is of no value. |