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1911Freak
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| Joined: | Sun Mar 15th, 2009 |
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Posted: Mon Mar 16th, 2009 05:08 am |
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| I must say I didn't even realize that OC was an option in Ohio. In getting ready to get my CCW for Ohio I ran across the OC Boards. The things you learn when you start digging. I have never seen anyone in Ohio OC so I was surprised at the active community and geat info here. I'll be looking for an appropriate holster for my 1911 and will begin OCing where appropriate and legal.
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 02:06 am |
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And it may be prudent to not open carry until you have your CCL. Just some old friendly advise.
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1911Freak
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Posted: Tue Mar 17th, 2009 02:11 am |
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Any reason I should need to wait for my CCW/CHL/CCL or what ever Ohio has decided to call it as it certainly is not a requirement for OC? 
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 04:30 am |
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The ORC does not define the term concealed or open carry. The courts have defined it, being discernible to the average person. So if it is your word against the LEO's word, who wins???????
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1911Freak
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Posted: Tue Mar 17th, 2009 04:39 am |
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| How open do most people wear there gear just an OWB holster or something more along the lines of the blackhawk tactical? I think the blackhawk would be very obvious OWB depending on what you're wearing I guess u could get in to a question of visibility. Should have my Florida permit in a few weeks so won't be a big deal.
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 05:16 am |
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First off you don't give your location. Second, you say Florida license. Why not an Ohio license????? Usually someone that lives in Ohio, but gets a Florida license has a drug conviction. I'm just saying. What part of "your word against the LEO's word" don't you understand????? And "being discernible to the average person" must be conveyed to the jury... How many witnesses will you have?????
Only a guess on my part, but I'll bet nonresident license held by an Ohio resident and not having an Ohio license will be going by the wayside.
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 05:19 am |
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I'll stand corrected, Cincinnati.....
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1911Freak
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Posted: Tue Mar 17th, 2009 05:29 am |
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| Sorry no drug conviction just easier for a prior service guy to get a Florida license with half the headache, less cost, and longer license than Ohio. If Ohio ends reciprocity then I'll worry about an Ohio license but then I'll still have a Fla license that will be good in 28 states at that point ;-). My understanding is that the holster can not be considered concealment of a weapon so something like the Blackhawk should be very obvious. My location would be Cincinnati area in specific Miamitownship, Loveland, and Mason as the areas I most frequent for my activities.
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reefteach
Regular Member
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Posted: Tue Mar 17th, 2009 06:45 am |
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color of law wrote: Usually someone that lives in Ohio, but gets a Florida license has a drug conviction.
Do you have a link to that study? I was under the impression that Veterans accounted for most people in that situation.
I OCed in the Loveland Starbucks one morning last year. It was noticed, and not a word was said.
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1911Freak
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Posted: Tue Mar 17th, 2009 04:08 pm |
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| My understanding is since a holster is required to open carry the weapon, ie we can't go around carrying the weapon in hand that the holster can not be considered to conceal the weapon unless the specific design of the holster was for the purposes of hiding the weapon from view. This comes from an attorney that is a friend of the family but to be on the safe side I contacted the Ohio AG for clarification on the interpretation. I also asked a friend who is a weapons instructor for the Fairfield and Colerain police depts and he said that a holster in and of itself would not be considered concealing a weapon for what that is worth.
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 05:10 pm |
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reefteach wrote: color of law wrote: Usually someone that lives in Ohio, but gets a Florida license has a drug conviction.
Do you have a link to that study? I was under the impression that Veterans accounted for most people in that situation.
I OCed in the Loveland Starbucks one morning last year. It was noticed, and not a word was said.
Just my personal opinion.
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color of law
Regular Member
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Posted: Tue Mar 17th, 2009 05:33 pm |
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1911Freak wrote: My understanding is since a holster is required to open carry the weapon, ie we can't go around carrying the weapon in hand that the holster can not be considered to conceal the weapon unless the specific design of the holster was for the purposes of hiding the weapon from view. This comes from an attorney that is a friend of the family but to be on the safe side I contacted the Ohio AG for clarification on the interpretation. I also asked a friend who is a weapons instructor for the Fairfield and Colerain police depts and he said that a holster in and of itself would not be considered concealing a weapon for what that is worth. I don't know of no place in the ORC that requires you to use a holster to open carry. You can carry the firearm in your hand and be legal. To induce panic a crime must be comitted that induced the panic. I'm not saying carrying in your hand is a wise move. ORC 2917.11 Disorderly Conduct could be used to harass you. But that can be a legal hassel.
I carry in a holster because it is the easiest way.
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1911Freak
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Posted: Wed Mar 25th, 2009 05:35 am |
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| As always great info. I did open Carry at Starbucks and Kroger in Loveland this past weekend with nary an eyebrow raised other than one guy asking me if it was legal. I did have a Digi Voice Recorder on me just in case.
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WCrawford
Regular Member
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Posted: Wed Mar 25th, 2009 11:18 am |
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1911Freak wrote: As always great info. I did open Carry at Starbucks and Kroger in Loveland this past weekend with nary an eyebrow raised other than one guy asking me if it was legal. I did have a Digi Voice Recorder on me just in case.
With what I've been reading lately about LEOs in OH, carrying a digital recorder is a good thing.
I just wonder why Ohioans aren't requiring their LEOs to know what the laws are?
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Brian D.
Regular Member
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Posted: Wed Mar 25th, 2009 11:07 pm |
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WCrawford wrote:
I just wonder why Ohioans aren't requiring their LEOs to know what the laws are?
That is one of the proscribed duties of the state Attorney General's office--they have funds supplied to them specifically for the purpose of LE education. Unfortunately, the previous person elected to that position was allegedly squandering the $$ on a fleet of cars, parties, and who knows what else. His replacement was just someone keeping the seat warm for the remainder of the term. The current AG has some catching up to do in this regard, but so far it appears he isn't making this continuing ed. a real priority.
If the AG ever gets around to it a lot of grief could be avoided if law enforcement dispatchers would also be brought up to speed on the legality of both open and concealed carry.
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BB62
State Researcher
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Posted: Thu Mar 26th, 2009 03:42 pm |
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1911Freak wrote: My understanding is since a holster is required to open carry the weapon, ie we can't go around carrying the weapon in hand that the holster can not be considered to conceal the weapon unless the specific design of the holster was for the purposes of hiding the weapon from view...
I think this may be the basis of Color of Law's suggestion (about getting a CHL first):
http://ohioccwforums.org/viewtopic.php?f=21&t=22441
The thread above also involves the use of a flap holster.
btw - don't count on the authorities to interpret things in your favor, and whatever you do, don't OC in Cincinnati!!
hehe
Suggestion - put your location in your profile here on OCDO.
Last edited on Thu Mar 26th, 2009 03:43 pm by BB62
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spioi
Regular Member
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Posted: Sat May 9th, 2009 08:13 am |
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| I have an uncle mikes sidekick ambidextrious holster. has a built in mag pocket. I haven't tried ocing yet. can't afford an attorney if the cops decide to jam me up. kinda sucks on my part to not excercise a right for fear of being convicted on some silly charge for it.
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BB62
State Researcher
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Posted: Sat May 9th, 2009 03:01 pm |
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spioi wrote: I have an uncle mikes sidekick ambidextrious holster. has a built in mag pocket. I haven't tried ocing yet. can't afford an attorney if the cops decide to jam me up. kinda sucks on my part to not excercise a right for fear of being convicted on some silly charge for it.
What silly charge might that be?
A man in Mt. Healthy just beat an inducing panic charge - BEFORE it ever went to trial.
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spioi
Regular Member
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Posted: Sat May 9th, 2009 07:02 pm |
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| I'm sure he didn't do it by himself. I'm sure it's not as easy as just going to court and the judge saying it's not against the law and you walk away. I'm sure you have to prove it's legal and you did nothing wrong. a guy in cleveland got arrested for OC and had attorneys and got stuck with a lesser charge than the original even though he was doing nothing wrong. just because it's legal doesen't mean they won't try and stick something on you. this is what spooks me about OC.
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color of law
Regular Member
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Posted: Sun May 10th, 2009 03:13 am |
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spioi wrote: I'm sure he didn't do it by himself. I'm sure it's not as easy as just going to court and the judge saying it's not against the law and you walk away. I'm sure you have to prove it's legal and you did nothing wrong. a guy in cleveland got arrested for OC and had attorneys and got stuck with a lesser charge than the original even though he was doing nothing wrong. just because it's legal doesen't mean they won't try and stick something on you. this is what spooks me about OC. The Mt. Healthy case never got close to a trial. It took 8 months for the court to wake up to the fact that a crime had not been committed. But, I guess, better late than never. The attorney in the Mt. Healthy case is a constitutional attorney. The attorneys in the Cleveland case, well, I just don't know.
If you want to protect yourself send a letter/notice to the police chief letting him know that you open carry and you hope he informs all his officers that open carry is an individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio.
Having a CCL would be prudent, however.
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