Posted: 11/28/2003 6:48:31 AM EDT
[#4]
Ohio has what is called "affirmative defense": Ohio Revised Code Chapter 2923 (A) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance. (B) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties. (C) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply: (1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed. (2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of the actor's family, or upon the actor's home, such as would justify a prudent person in going armed. (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home. (4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code. (D) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. . .
View Quote Which basically boils down to: carry concealed at your own risk. The code is poorly understood even by those who are charged to enforce it. Open carry is OK, so long as local ordinances do not prevent it. Just because you think a "prudent person" should carry all the time doesn't men the judge hearing your case will. Join the fight: [url]http://www.ohioccw.org/[/url]
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