To Whom It May Concern:

Transcription

1 Ohioans For Concealed Carry, Inc. P.O. Box 247 Avon, OH Phone & Fax: (888) To Whom It May Concern: Ohioans for Concealed Carry is an Ohio not-for-profit corporation that was organized in 1999 to advocate for the rights of responsible Ohio gun owners. OFCC s first mission was to pass a concealed carry law in Ohio, which it accomplished in Since then, hundreds of thousands of Ohioans have obtained licenses to carry concealed handguns. Many of those licensees carry a handgun in their daily life activities, sometimes concealed, other times unconcealed. As you know, Ohioans have long had the right to openly carry firearms provided they are not otherwise prohibited from possessing guns. However, the open carry of firearms has, for a considerable period of the state s history, been a seldom exercised right. That appears to be changing. The purpose of this letter is to ask for your assistance in educating law enforcement officers and citizens concerning the open carry of firearms. We hope that through the concerted efforts of your department and OFCC, we can reduce misunderstandings that sometimes occur when officers encounter citizens openly carrying firearms. We believe that the practice of open carry of firearms is becoming more popular at least in part because the Ohio Supreme Court recently upheld the constitutionality of Ohio Revised Code Section 9.68, which prohibits local legislation that infringes upon the right of people to keep and bear arms. Prior to that, many cities had local ordinances that curtailed the right to carry a firearm. Those ordinances are now dead letters. A copy of Section 9.68 is enclosed for your reference. Notwithstanding that the open carry of firearms is a legal activity, at least for adults under no firearms disability and otherwise compliant with the law, citizens sometimes react with surprise or even alarm when they see a person carrying a gun. You know better than we do that calls of man (or woman) with a gun require some kind of response in most cases. So officers are sometimes dispatched or summoned to do something about a completely lawful activity. Most officers recognize that there is nothing unlawful or even suspicious about a person merely carrying a firearm in most instances. But some officers seem to feel compelled to do something, and that is when we hear some interesting stories. Fortunately, the most frequent missteps made by the rare uneducated officer have been dealt with by several major departments in Ohio. These includes the inducing panic myth and the disorderly conduct myth. The mere carrying of a firearm supports neither charge. For example, the Akron Police Department issued a memorandum to its officers about open carry. We have attached a copy of that document for your convenience. In addition, the Ohio Attorney General s concealed carry handbook specifically advises that open carry is legal. Again, a copy is enclosed. Finally, we hope that you will help make certain that officers understand that one does not need a license to openly carry a firearm (naturally, we hope they also understand that a license

2 Page 2 is required when the person is in a motor vehicle), and that once a person has a concealed carry license that person does not lose the right to carry openly. Other issues we have run across include officers mistakenly believing that an open carrier must produce a concealed carry license upon demand, or that the open carry of a firearm alone is enough to initiate a Terry stop. Again, we hope you will help spread the word and dispel these misconceptions of the law. We know your agency is probably out in front of this problem. Still, there have been remote issues throughout the state. We hope with this letter to put any possible confusion to rest. If you would like to discuss this further, please feel free to contact our Section 9.68 Compliance Coordinator, Chris Harben, at , extension 6, or you can fax any concerns or comments to the same number. Additionally, we invite you and everyone in the agency to visit our web site for more information. Respectfully, Ohioans For Concealed Carry, Inc. Enclosures: (1) Ohio Revised Code 9.68 (2) Akron Police Department Training Memorandum (3) Ohio Attorney General Concealed Carry Law Handbook, p. 18

3 Encl Right to bear arms - challenge to law. (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 every 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 a firearm, its components, and its ammunition. (B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section. (C) As used in this section: (1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person s person or concealed ready at hand, of firearms, their components, or their ammunition. (2) Firearm has the same meaning as in section of the Revised Code. (D) This section does not apply to either of the following: (1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses; (2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses. Effective Date:

4 Encl 2 Information for officers regarding Open Carry of firearms by citizens In late summer in Akron, Ohio a couple officers saw a man walking on a Main St. sidewalk with a pistol strapped in a holster on his hip in plain view. The man said nothing and did nothing threatening. In fact, he was with his adult daughter and the two stepped into a restaurant to order food. He was just going about his own business. The officers were concerned, not yet alarmed, but wondered, What police action should we take? When Concealed Carry was made legal in Ohio some changes came about that affect local law. Most recently, state law enacted preemption with purpose to make any and all laws pertaining to firearms a statewide matter with uniform regulation and enforcement. Simply put, the state law trumps any pre-existing local ordinances and prohibits creation of new ordinances in conflict with state law. Under state law, there is no prohibition against carrying a firearm openly, i.e., not concealed. A permit is not required to carry this way. Carrying a pistol openly on the hip is not breaking the law. This action in and of itself alone is not a basis for a stop. Neither is carrying a gun openly disorderly conduct or inducing panic. If an officer engages in conversation with a person who is carrying a gun openly, but otherwise not committing a crime, the person cannot be required to produce identification. The law does specify that a person may not carry a loaded firearm in a motor vehicle except under the provisions set forth for a person who possesses a concealed handgun license (CHL). It is rare that people carry this way in Akron. However, if you do come across a person with a gun holstered in plain view, think before you act. Is he breaking any law? Is he threat? Is he doing anything that constitutes a Terry stop? If not, be cautious, keep on eye on his actions and let him go about his way. Sgt. Jeff Mullins, Training Bureau. Reviewed and Approved by Police Legal Advisor, Mr. Tom DiCaudo, Asst. Prosecutor, City of Akron.

5 Encl 3 Example of a Standard Warning Sign Statutory Reference(s): R.C (C) allows private employers to prohibit the presence of firearms on their property or in motor vehicles owned by the employer. R.C (C)(3) allows the owner or person in control of private land to post a sign in a conspicuous place that prohibits persons from carrying concealed firearms on that property. Concealed Carry by Law Enforcement Federal law (HR 218) permits active and retired law enforcement officers, under specific circumstances, to carry a concealed firearm. This publication does not address issues related to HR 218. If you are an active or retired law enforcement officer and have questions about HR 218, consult an attorney. Reciprocity Ohio has agreements with other states to recognize one another s concealed handgun licenses. Consult the Attorney General s web site for the most recent list of agreements. Be aware the laws of the other state apply to you when you are in that state. Open Carry Ohio s concealed carry laws do not regulate open carry of firearms. If you openly carry, use caution. The open carry of firearms is a legal activity in Ohio. 18