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Page Hometown » Ohio
Posted: 9/26/2003 2:16:16 PM EDT
this is from my email



========================


Yes, it says you have the constitutional right to open carry. Amazing, huh?! It’ll be interesting to see how the police handle all the people who will start to open carry!



----------------------------------------------

Kara Joseph

Administrative Assistant

Office of Rep. Tom Brinkman, Jr.



-----Original Message-----
From: Russ R. [mailto:xxxxx.com]
Sent: Wednesday, September 24, 2003 4:56 PM
To: Joseph, Kara
Subject: Re: Concealed Carry Update Alert!!!!



hello.. i have a question on this and woundered if you might be able to help..

in this part

"Under intermediate scrutiny, a regulation will be upheld only if the regulation is narrowly tailored to serve an important government interest and leaves open other means of exercising the right. Id. The state argues that the carrying of concealed weapons must be banned to protect public safety. Ensuring public safety is an important government interest that would satisfy the first prong of the test, if the statute were narrowly tailored. Further, the state correctly asserts that the statute leaves open the ability to bear arms by openly carrying a firearm, satisfying the third prong of the test."



does that say you can carry openly? some how i dont see that happening.

thanks

Russ
Link Posted: 9/26/2003 4:30:08 PM EDT
The charge would be inducing panic. The real test would be, when someone is arrested for iducing panic and cites the court's interpretation in this case as a defense. I would look to see it happen quickly. There are many who would risk a misdemeanor in order to prove the point.
Link Posted: 9/26/2003 4:56:47 PM EDT
Tagged.

CJ
Link Posted: 9/26/2003 5:19:46 PM EDT

Originally Posted By shotar:
The charge would be inducing panic. The real test would be, when someone is arrested for iducing panic and cites the court's interpretation in this case as a defense. I would look to see it happen quickly. There are many who would risk a misdemeanor in order to prove the point.



Paging Scottman...Paging Scottman...
Link Posted: 9/26/2003 5:43:07 PM EDT
I believe that MOST states allow open carry.

The trouble is as stated above. You better have a good reason to open carry or you will most likely be charged with some related violation.
Link Posted: 10/3/2003 7:44:20 PM EDT
Tagged as well.
Link Posted: 10/4/2003 7:53:36 PM EDT
Even if Ohio allowed open carry (Highway Patrol told me they dont care but local city might)a particular city could ban people from doing so.
Link Posted: 10/4/2003 11:05:06 PM EDT
[Last Edit: 10/4/2003 11:07:41 PM EDT by tz99]
Tagged!

Carrying openly is sure going to cause a problem... inciting panic or some other BS charge, While if its concealed its just the same 'penalty' that you go to court to get the 'reasonable man' defense. Honestly I can't myself being able to challenging it.. catch me if you can I suppose.

That said I've carried basically concealed every trip from where I live to the folks as it wouldn't be reasonable to not to take a 200 mile trip unarmed for the last 3 years
Link Posted: 10/6/2003 7:04:58 PM EDT
Folks, Ohio has always had an open carry policy. The problem is with local ordinances, and carrying in certain established businesses. The local constabulary will most like crack you over the head with nite-stick, and stick you in the pokey. Let's face it, we are never going to get a CC bill to pass. The Ohio Chiefs of Police, and OSP won't allow it.
Link Posted: 10/8/2003 8:08:02 AM EDT
The right to bear arms is guaranteed by the constitution. Local ordinances against it are unconstitutional, and have no bearing. You may have to go to court over it, but the Supremes verified what the constitution has always said. Carry your guns for defense.

The only rightful charge of "inducing panic" or similar baloney is if you are waving the gun around, terrorizing the public. This is stated in the Supreme Court's ruling.

In a nutshell:
You could always open carry in Ohio.
The Supreme Court AFFIRMED that, and their ruling affects the entire state. Municipal ordinace against it have no standing in light of the text of the supreme's ruling.

Call/write your police, law directors, solicitors and mayors. If you need a "form letter," I have one.

If you'd like to read the ruling for yourself, I have that too, or you can get it from the Supreme's website:
www.sconet.state.oh.us/

**YOU CAN NOT CARRY IN THE SAME ROOM WHERE ALCOHOL IS BEING DISPENSED.

**YOU CAN NOT CARRY WITHIN 1000 FEET OF A SCHOOL

**IF A PRIVATE PROPERTY OWNER ASKS YOU NOT TO CARRY, YOU CAN NOT CARRY ON THEIR PROPERTY. THIS INCLUDES BUSINESSES!

**YOU CAN NOT CARRY IN FEDERAL BANKS OR OTHER FED. BUILDINGS

**YOU CAN NOT CARRY IN MANY COURTHOUSES.

This is not legal advice. Do the research for yourself in your area of the state.

Scott
Link Posted: 10/8/2003 9:07:58 AM EDT
Scott,

Can you send me the form letter. I am going to write the mayor, police and board of trustees to get their opinion.

Thanks,

Bob
Link Posted: 10/8/2003 11:31:16 AM EDT
can you post the form letter?

if not email lan_ohio@hotmail.com and i can put it on a web page..

Link Posted: 10/8/2003 11:42:10 AM EDT
If there is no law against it then you can't be chared with dicksquat. You may have a hell of a lawsuit if you get cuffed and detained also.
Link Posted: 10/9/2003 3:36:26 PM EDT

Originally Posted By RobarSR60:
Folks, Ohio has always had an open carry policy. The problem is with local ordinances, and carrying in certain established businesses. The local constabulary will most like crack you over the head with nite-stick, and stick you in the pokey. Let's face it, we are never going to get a CC bill to pass. The Ohio Chiefs of Police, and OSP won't allow it.

your right
Link Posted: 10/10/2003 8:31:55 PM EDT
Ohio will never have CCW...

-Sincerely,
Gov. FuckHead
Link Posted: 10/12/2003 1:39:17 PM EDT
Link Posted: 10/12/2003 6:12:13 PM EDT
And today I had another incedent where I'm pissed I wasn't able to be carrying. This is really starting to piss me off. It's the second time in under a year.
Link Posted: 10/13/2003 3:56:27 AM EDT

Originally Posted By Pure_Energy:
And today I had another incedent where I'm pissed I wasn't able to be carrying. This is really starting to piss me off. It's the second time in under a year.



Does it involve police reports or other documentation?

If so, you may have documentation to support "cause for a prudent man going armed."

Scott
Link Posted: 10/13/2003 8:29:09 PM EDT

Originally Posted By Scottman:
Does it involve police reports or other documentation?

If so, you may have documentation to support "cause for a prudent man going armed."



Unfortunatly it does not, and I got out of there as quickly as I could. I really didn't want to hang around, but I'm still not sure what was the right thing to do.
Link Posted: 10/19/2003 9:03:10 AM EDT
"YOU CAN NOT CARRY WITHIN 1000 FEET OF A SCHOOL"

So does that include driving past a school ? Or does it only matter if your on foot ?
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