Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Page Hometown » Ohio
Posted: 6/15/2003 7:18:36 AM EDT
O.K. Guys, I have a question for you:
I have been debating with my father for months now about the CCW law in Ohio. My father seems to think as long as he does not conceal his weapon (in public), it perfectly lawful for him to carry (for example) his shotgun down his suburban street. I have completely talked in circles with him about this…
More recently, the man I am dating also agrees with my father and said he has done a lot of research in the area of carrying a handgun – and it is completely abiding the law if it is not concealed.
Help me out…am I completely missing something here? Or is this what I already assume – misinterpretation of our state laws?

Give me some feedback to take to my Father’s for Father’s Day!
Link Posted: 6/15/2003 7:28:07 AM EDT
They are technically correct. There is no particlular law in Ohio forbidding open carry. There may however be some city ordinances that prohibit it. In addition it could always be considered and construed as disorderly conduct if anyone complained. Excerpted below from ORC 2917

"(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender."

Notice that although a person legally able to own a gun is not prohibited from carrying it, the condition must also be reasonable under the circumstances. This is completely a subjective criteria. That is, It may be reasonable to carry a gun while hunting, or while at a shooting range or on ones own property. It may not however be reasonable to carry a gun at the local shopping mall or on the sidewalk in an urban area. This is very open to interpretation and is dependant on how much disturbance or annoyance is caused to others.

Link Posted: 6/15/2003 8:12:00 AM EDT
How about this scenario....You get a new shotgun so you walk the 1/2 mile up the road to show it to your buddy. You then walk back home and put it in your house.5 minutes later while you're doing yardwork a cruiser pulls up and asks you about you carrying a shotgun down the road. What should your response be ??

I ask this because my neighbor drives 45 mph down our kid infested 25 mph street and even though multiple neighbors call to complain the Police say that THEY have to see him do it themselves to ticket/arrest even though there are plenty of witnesses.
Link Posted: 6/15/2003 12:48:14 PM EDT
100yards should have been arrested for inciting panic!!...
Link Posted: 6/17/2003 4:58:14 PM EDT
Shotar, as usual, is right on.
That's something I have always known, but wouldn't want to try it.
In this case, don't let your dad or B/F prove they are right...it's not worth being thrown to the ground, weapons confiscated and the usual legal fees that go with it.
Link Posted: 6/17/2003 10:20:14 PM EDT
I walk to my buddies house about 150 yds away carrying ar's, ak, whatever. I live in a residential neighborhood. I have walked across the street to my car with an ar in my hand when a local cop was driving by. It's never been an issue. I also often carry a loaded glock open on my hip when working outside. Then again I also kill stuff that walks through my back yard and have been doing so since i was a kid.
Link Posted: 6/18/2003 4:31:51 AM EDT
MHPDBlue may clarify this, but I called the police in Maple Heights and they told me that I could not so much as set foot outside the doors of my home with even a BB gun.

Scott
Link Posted: 6/18/2003 4:46:46 AM EDT

Originally Posted By Scottman:
MHPDBlue may clarify this, but I called the police in Maple Heights and they told me that I could not so much as set foot outside the doors of my home with even a BB gun.

Scott





That's because Cleveland isn't really Ohio. It's actually one of the 666 levels of Hades.
Link Posted: 6/19/2003 8:21:32 AM EDT
That's the truth about Cleveland, Ben!
I moved out 12 years ago, but still work there.
It's a nice place to be FROM.
Link Posted: 6/19/2003 10:58:02 AM EDT

Originally Posted By shotar:
They are technically correct. There is no particlular law in Ohio forbidding open carry. There may however be some city ordinances that prohibit it. In addition it could always be considered and construed as disorderly conduct if anyone complained.




Thanks Shotar…you would think after 31 years, I would have figured out that “Dad” is always right!!


Link Posted: 6/21/2003 8:40:21 AM EDT
Yes my city does have an ordnance against the discharge of air rifles and bb guns ....(most likely because many of our yards are very small and the houses are real close together) then again we also have an ordnance against damaging shrubbery as well.


I wanted to charge a guy once with the latter; The shift Sgt was all for it but after a hardy chuckle the LT vetoed it. Mark my words by the time I retire (20 more years) I will charge someone with it!!

All in All walking around with a gun in the open is going to have to be taken on a case by case bias and will depend a lot on how many people bitch... enough bitch and you could catch an "inducing panic" as well as or in place of a DC. I would imagine if kids were around when you did it you would get screwed.
You county fella's will have much more freedom in this area than us city dwellers.
Link Posted: 6/22/2003 2:38:52 AM EDT

Originally Posted By BenDover:

Originally Posted By Scottman:
MHPDBlue may clarify this, but I called the police in Maple Heights and they told me that I could not so much as set foot outside the doors of my home with even a BB gun.

Scott





That's because Cleveland isn't really Ohio. It's actually one of the 666 levels of Hades.



I couldn't have said it better myself, BenDover.
Link Posted: 6/27/2003 11:05:42 AM EDT
I remember hearing on WLW about guy who tried open carry in Cincinnati a while back. He was immediately arrested for "public menacing".
Link Posted: 7/1/2003 10:42:45 AM EDT
"Inducing panic" would also be a reason used to take somebody into custody for open carry. Good luck getting your firearm back from the LEO's once they sieze it too.
Page Hometown » Ohio
Top Top