Open Carry / Concealed
Carry
Open Carry is short hand for "openly carrying a firearm in public".
Concealed Carry is short for "carrying a concealed firearm". The
different, of course, if another individual can see it either directly or know
it is there (such as "printing" through a pocket or contained fully in a
holster).
What follows is the rules and law as they pertain to both open and concealed
carry. Although I have a concealed carry license, I prefer to open carry
for reason explained on this page. If you plan on openly carrying, make
sure you do for our own reasons, that you fully understand the law and can quote
them to the police, and are prepared for some of the questions and scenario's
that may present themselves.
Concealed vs. Open Carry
| |
Concealed Carry |
Open Carry |
| What section of the law permits the carrying of a
firearm? |
Ohio Revised Code (ORC) Section 2923 |
Article II of the Amendments to the US Constitution & Section 1.04
of the Ohio Constitution. There are NO laws that specifically
allow or prevent the open carry of a firearm. (See additional
information below) |
| What is required to carry? |
http://www.ag.state.oh.us/le/prevention/concealcarry/index.as A
permit issued by the State of Ohio or any State that Ohio has
reciprocity with. |
Nothing |
| Where is the carrying of a firearm prohibited? |
ORC 2923.126(B)
- A Police Station
- A Sheriff's Office
- State Highway Patrol Station
- Premise controlled by the Bureau of Criminal Identification and
Investigation
- State Correctional Institution, Jail, Workhouse, or other
Detention Facility
- Airport Passenger Terminal
- School Safety Zone
- Courthouse or building that Houses a Court
- Public or Private College / University (except in a locked
vehicle)
- House of Worship.
- Child Day-Care Center
- Any and all area of a building that is owned or leased by this
state or any political subdivision of this state (pending chage by
SB184)
- A place in which federal law prohibits the carrying of handguns
- Any room in which liquor is being dispensed in
premises for which a D permit has been issued under Chapter 4303 of
the ORC.
|
| What is a school safety zone? |
http://lsc.state.oh.us/coderev/ans123.nsf/All Senate Bills and
Resolutions/A6D4E2628F9F490385256730004DCE65 A "school safety
zone" for purposes of the Criminal Code as consisting of a school,
school building, school premises, school activity, or school bus. |
| What is a a class D permit? |
http://www.com.ohio.gov/liqr/PermitClasses.aspx D permits are
issued for an establishment where alcohol will be served on the
premises. In addition, this is also an establishment that allows
beer sales on Sundays (D6). (SB 184 will do away with the no-carry in a
D6 permit store such as Krogers, Meijers, and Walmart). |
| Where does the Federal Law prohibit firearms? |
Title 18, Sections 922 & 930 (http://handgunlaw.us/documents/FedRestrict.pdf)
- Onboard aircraft
- Inside any federal building, facility, or on federal grounds
- Includes post offices, military bases, court houses, national
parks, national cemeteries, Amtrack, etc.
|
| Can I carry a loaded firearm in a vehicle? |
Yes |
No |
OPEN CARRY
IS LEGAL
I can't believe that open carry (OC) is legal in Ohio. Prove it to
me.
According to Article II of the Bill of Rights / Second Amendment to the US
Constitution states:
ART . II. A well regulated
militia being necessary to the security of a free State, the right of the
people to keep and bear arms shall not be infringed.
In addition, Section 1.04 of The Ohio Constitution states:
SS1.04 Bearing arms;
standing armies; military powers (1851): The people have the right to
bear arms for their defense and security; but standing armies, in the time
of peace, are dangerous to liberty, and shall not be kept up; and the
military shall in in strict subordination to the civil power.
Although there are laws concerning the concealed carry of
firearms, there are no laws concerning the open carry of firearms.
In the United States, we are a free people and are allowed to do anything we
want unless it is specifically prohibited by laws and regulations.
What about local ordinances in Ohio that prevent open carry of firearms?
Local ordinances were pre-empted by ORC 9.68 effective March 14, 2007.
ORC 9.68 (Right to bear arms - challenge to law) states:
(A) The 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 ever part of Ohio, the general assembly
finds the need to provide uniform laws throughout the state regulating the
ownership, possession, purchase, other acquisition, transport, storage,
carrying, sale or other transfer of firearms, their components, and their
ammunition. Except as specifically provided by the United States
Constitution, Ohio Constitution, state law, or federal law, a person,
without further license, permission, restriction, delay, or process, may
own, possess, purchase, sell, transfer, transport, store, or keep any
firearm, part of firearm, its components, and its ammunition.
This makes all local ordinances that do not exactly match federal or state
law illegal and no longer valid. Although the laws may still be "on the
books", they cannot be legally enforced.
I still don't believe that open carry is legal. Are there examples
to prove open carry is legal?
Are there any court cases stating open carry is legal?
In Klein vs. Leis, et. al., the Ohio Supreme Court echoed the
concealed carry weapons opponents' arguments, ruling that while Ohioans have a
"fundamental, individual right to bear arms for self-defense", a 100 year-old
legislative ban on concealed carry was Constitutional because the practice of
open carry was allowed. (http://www.buckeyefirearms.org/node/5572)
If there is no law against open carry, can't you be arrested for "inducing
panic"?
No. ORC
2917.31 - Inducing Panic specifically addresses what constitutes inducing
panic. The law states:
(A) No person
shall cause the evacuation of any public place, or otherwise
cause serious public inconvenience or alarm, by doing any of the
following:
(1) Initiating or circulating a report or warning of an alleged
or impending fire, explosion, crime, or other catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
The rest of the statute exempts people conducting authorized fire drills and
then explains the penalties. As carrying a fire arm is not circulating a
false report (A1), and you are not threatening to commit an offense (A2), and
openly carrying is not an offense (A3), a charge of inducing panic cannot be
held up in court.
Ok, what about being arrested for "disorderly conduct"?
No. ORC 2917.11 -
Disorderly Conduct specifically addresses what constitutes disorderly
conduct. The law states:
(A) No person
shall recklessly cause inconvenience, annoyance, or alarm to
another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or
property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display or communicating unwarranted and
grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under
circumstances in which that conduct is likely to provoke a
violent response;
(4) Hindering or preventing the movement of persons on a public
street, road, highway, or right-of-way, or to, from, within, or
upon public or private property, so as to interfere with the
rights of others, and by any act that serves no lawful and
reasonable purpose of the offender;
(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.
(B) No person,
while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons,
engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender were
not intoxicated, should know is likely to have that effect on
others;
(2) Engage in conduct or create a condition that presents a risk
of physical harm to the offender or another, or to the property
of another.
The rest of the statute explains intoxication, vehicle issues, and penalties
for violating the law.
WHAT & WHY
How do you decide when to open carry vs. concealed carry?
I open carry any time I can and it doesn't distract others from my business
at hand. This means when I am shopping, going to festivals, going for a
walk, going to a meeting, or just spending time with friends, I open carry.
If I am meeting with clients who may be distracted by a gun, attending a funeral
or viewing, or just need to wear a heavy jacket in the winder, I will conceal my
firearm.
What type of firearm do you carry?
The type of firearm you carry is a personal decision. Feel, grip,
recoil, size, and looks may all come into play when you make your decisions.
Personally I like semi-automatic pistols, not revolvers. Although less
reliable, I prefer the function and looks they provide. The minimum
caliber round I'll use is a .380. My current favorite is a HK4, a unique
pistols with interchangeable barrels and clips that allows it it shoot .22, .25,
.32, and .380 rounds.
If you can conceal carry, why do you open carry when it seems like it can
be a hassle with cops and citizens who don't understand?
As the vast majority of Ohio citizens do not carry a concealed weapon,
criminals are not of the mindset that someone might have a firearm. If
they are going to commit a crime against myself, a family member, or a friend,
they may very well assume I am unarmed and continue with their plans.
However, if they see a firearm on my hip, they will probably decide to move on
and find an easier target for their activity.
In addition, if the firearm is needed, it is easier to draw an openly carried
weapon than a concealed weapon. The reason is I like to keep my shirt
tucked in. I would need to either untuck my shirt to get at weapon at
waist level, unbutton my shirt to get at an underarm or chest holster, or bend
down to pull a weapon from an ankle holster. Sure, I could leave my shirt
untucked, but I like it tucked in.
Finally, both citizens and the police sometimes don't know the law.
Openly carrying a firearm allows them the chance to strike up a conversations
with me so they can better understand firearm laws. Sure, it is possible
that I will get some grief from law enforcement officers, but the are here to
enforce the law, not their opinions.
Police officer off duty don't open carry, shouldn't we follow their lead?
I don't believe so. An officer, both on duty and off duty, have the
ability to arrest criminals, where as it is tougher for citizens to make an
arrest. I would rather not be bothered by a criminal as I cannot arrest them and
I do not want to have to shoot someone in an emergency. I would prefer the
criminal just leave me alone, leave the area, and think about the possibility
that others may be carrying a gun either openly or concealed. The police,
on the other hand, have the means, backup, and authority to deal with criminals
who may target them without needing lethal force.
SCENARIOS
What might I expect when openly carrying?
You should expect a few things:
- You may be asked questions by law enforcement officials.
- You may be asked questions, encounter "bad jokes", or receive looks and
comments of disagreement from others.
- You may be asked questions from concerned or interested citizens.
- You may need to draw your weapon to protect yourself in the case of an
emergency.
It's best if you are prepared for any situation and think through it.
Think about what you are going to say in advance, but above all, keep these
key points in mind:
- Remain respectful to everyone at all times
- Be prepared to walk away from a confrontation
- Understand the laws and be able to quote them
- Follow the orders of law enforcement officials, but do not necessarily
consent.
There are a few good examples of what you might expect, including:
Open Carry Police Encounter in New Hampshire - good video and audio
Ohio citizen detained in
Willowick - text write up with link to full audio at the bottom
Scenario: You are stopped by law enforcement
POLICE: Good afternoon, how are you?
YOU: I'm doing good. Thanks for asking.
POLICE: Is there a reason you are carrying that weapon?
YOU: I am carrying it for my protection.
POLICE: Do you really need to carry that gun?
YOU: I'm sorry, but I'm in a hurry. Am I being detained or am I free to
go?
POLICE: You are not being detained, but I need to ask you a few
questions.
YOU: I'm sorry, I am in a hurry. I need to be on my way as I am not
being detained.
POLICE: May I see your drivers license?
YOU: Can you tell me what I am being stopped?
POLICE: Because I am checking out a call concerning a man with a gun.
YOU: It is perfectly legal to openly carry a gun in public.
POLICE: I still need to see your drivers license.
YOU: (assuming you are not driving or getting into a car) My name is ...
and my address is ...
POLICE: I need to see your license.
YOU: Per Ohio
Revised Code 2921.29, I do not have a duty to present id, but I do have the
duty to disclose my name and address unless criminal activity is involved.
Am I being detained?
POLICE: You are not being detained, but I need to ask you a few questions.
YOU: I'm sorry, I'm in a hurry. I need to be on my ay as I am not
being detained.
POLICE: The city has an ordinance against openly carried firearms. I
need to see your firearm and run the serial number.
YOU: (Provided you are not in a no-carry zone)
Ohio Revised Code
9.68 which went into effect in early 2007 pre-empts all locals ordinances.
There is no state law that will back up the statement that you need to run the
serial number of my firearm.
POLICE: I need to take your firearm from you at this time.
YOU: I do not consent, but I will comply. Regardless, as there is
nothing illegal about openly carrying a firearm, you may want to check with your
superior officer. Federal Law provides for civil actions for deprivation
of my civil rights per
Title 42 and criminal action for deprivation of my rights under color of law
per
Title 18.
POLICE: The state or federal government prohibits openly carrying a
firearm.
YOU: (assuming you are not in a no-carry zone) Can you provide the reference to
the law?
POLICE: No, but there is a law against it.
YOU: Actually, there is no state or federal law preventing openly carrying
a firearm. Both the Constitution of the United States and Ohio allow
citizens to own and bear arms. In addition, in Klein vs. Leis, et. al.,
the Ohio Supreme Court mentioned in their ruling that Ohioans have a
"fundamental, individual right to bear arms for self-defense". Am I
being detained or am I free to go?
POLICE: It's legal to carry that, but I recommend you don't walk down
the street with a firearm on your hip.
YOU: The joy of living in a free country is that two adults can hold
different opinions and still have a civil conversation. It is my right to
carry the weapon any way I choose. Am I being detained or am I free to
go?
POLICE: I need to check to make sure you are not armed otherwise for my
safety. I need to pat you down and check what is in your bag, ok?
YOU: Openly carrying a firearm is not illegal, therefore I am not breaking
the law. Am I being detained or am I free to go?
POLICE: You are not being detained, but I still need to check you out.
You must comply.
YOU: I do not consent, but I will comply. However, you may want to
check with your superior officer. Federal Law provides for civil actions
for deprivation of my civil rights per
Title 42 and criminal action for deprivation of my rights under color of law
per
Title 18.
Scenario: You are the "butt" of a bad joke
JOKESTER: Oh no, a gun (throwing hands up in the air and smiling). I
give up. I give up.
YOU: It's ok, put your hands down.
JOKESTER: I bet you get that a lot.
YOU: Actually I don't. That joke can have some pretty bad end
results. If someone outside sees you do that, they may call the police.
Or, someone else within the store may have try to be a hero and get involved.
JOKESTER: I never thought of that. Sorry.
YOU: No problem. But, here's a corny joke I heard. What did
the gun say when it was fired? ... SHOOT.
Scenario: Joe citizen strikes up a pleasant conversation
JOE: Are you a cop?
YOU: No.
JOE: Why are you carrying that gun?
YOU: For your protection and mine.
JOE: What permit do you have to have to do that?
YOU: None, it's a constitutionally guaranteed right by both the US and the
State of Ohio.
JOE: That's pretty cool. Where can I learn more?
YOU: I'm glad you asked. Here's a
card with some basic information
and a few website links where you can find additional information.
Scenario: Joe citizen strikes up a confrontational conversation
JOE: Are you a cop?
YOU: No.
JOE: Are you allowed to carry that?
YOU: Yes. It's a constitutionally guaranteed right.
JOE: I think guns are disgusting. You should carry that.
YOU: That's great that you think that. It's wonderful that we live
in a free society where we can have different opinions.
JOE: You must be a moron to carry that. What do you have, a god
complex?
YOU: Have a good day good (as you walk away).
LINKS