Question About Packing.org and my city, ohio

T

tsavo

Moderator
I live in cuyahoga falls, ohio. I was checking out packing.org and noticed this section about my city

Date updated: Jul 30, 2005 @ 12:02:39 am EDT

549.10 CARRYING VARIOUS WEAPONS PROHIBITED; EXCEPTIONS.

(a) No person shall carry a pistol, revolver, bowie knife, dirk, stiletto, dagger or other knife having a blade two and one-half inches in length or longer, or a karate stick or nunchakus, knuckles, a billy, blackjack, or bludgeon, or a knife fitted with a mechanical device for automatic release of the blade opening the knife and locking the blade in the open position and commonly known as a switch or automatic spring knife, or any other dangerous weapon on or about the person without proper justification. "Proper justification" includes, but is not limited to, the right of law enforcement officers and other persons specifically authorized by law to be armed within the scope of his duties. It shall be an affirmative defense to a violation of this section, if it appears that the defendant was at the time engaged in a lawful business, employment or occupation, or that the circumstances in which he was placed justified a prudent man to possess such weapon for the defense of his person, property or family.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

This makes it sound like a civilian can't carry a concealed weapon even with a CCW permit in this city. That's going to be a problem for me considering I live there. What do you guys make of this? I planned on calling my sheriff's office to find out exactly what the deal is.
 
Don't call the sheriff's office. They enforce the laws, they don't define them. The DA's office would be a better source for your answer. After all, they will be the ones who decide if you should be charged with a crime if a LEO arrests you based on his view of the law.
 
I live in Michigan, but travel frequently to Ohio, so have kept up with some laws in Ohio with my Ohio friends.

The reference to "affirmative defense" in the local law you cited indicates that the law predates the new Ohio concealed weapon law. Prior to the new Ohio law, the only defense against a charge of carrying a concealed weapon was the "afirmative defense", which meant that the accused had to prove that he had a specific need for the weapon at that specific time. That defense has been dis-established with the passage of the new Ohio CCW law, and so evidently takes precidence over your local law.

I still think it would be a good idea to call your local sheriff and ask him. Better yet, call the Ohio Attorney General's office.
 
Ohios law also says that you may not have a loaded weapon in the car if you are under the influence of drugs or alcohol. That's bull**** to me. So I can't put my piece in my glove box if someone else is driving the car and I'm the passenger that has had a few drinks?
 
That's right, Tsavo. In Ohio, you can't drink and drive ; you can't shoot and drive and you sure the h*** can't drive, shoot and drink. The state has a law prohibiting having "open" containers in the vehicle because drunks can't be trusted. It follows, if they can't be trusted with driving a car they sure as h*** shouldn't be trusted handling a firearm. And that would include drunk passengers.
 
Well, my point is the law isn't very clear. "under the influence" could mean 1 beer, or it could mean over the legal limit. The law doesn't specify.
 
tsavo,

Assuming here....

What does Ohio law say about CCW holders in general? Most city/county laws are beholden to the main state law, which in this case, doesn't apply to CHL holders, only those that aren't. Read the entire law and not just post cut and copied bits that may/will just confuse the issue.

As for "under the influence", again, what is the entire law? Is this for the driver of the vehicle or the passengers within? If the driver, than they really shouldn't be armed while driving don't you think. The passengers, need all of the law and not just a snippet that you wish to post.

Link of the entire law if you please.

At this point in time, it is almost impossible to create a opinion on the bare snippets of law that you've chosen to attach.

Wayne
 
Tsavo, I am not trying to get down on you but being a reasonable licensed gun carrier why would you drink any amount of alcohol and carrying your firearm? It is just not a smart idea, no good can come of it. I would just play it safe and stay away from drinking and carrying.
 
I would never take it to a bar or somewhere like that. I just don't like the fact that I can't bring it out to dinner with me in my car if I have 1 cocktail/beer with my dinner.

You can't take it to dinner if you have 1 drink, you can't take it to 99% of all stores and even most parking lots. Basically, they have made the ccw permit almost completely useless in Ohio unless your going for a walk, or over to a residential house. That's about the only time you can carry it.

Your out to dinner and a you get a complimentary bottle of wine, you can't even enjoy 1 glass without risking a felonly on your way home because your gun is in your glove box and you had a glass of wine with your wife at dinner. The legislation seems almost pointless.
 
I am also an Ohio resident, and I can carry more places than I can't and the places I can't carry I just go to a competitor and write a letter to the manager and corporate. As far as drinking I am all for the no drinking and carrying, a lot or trouble starts with alcohol and alcohol never stops any of it. It is just a part of the law you will have to take with a spoon full of sugar I guess.
 
What public stores do you carry in? I haven't been in a single gas station or store that doesn't have a no firearms sign. Most businesses are even starting to put them in parking lots. There's a entire shopping complex down here that includes 15 restaurants, and about 50 stores in which you can't have a concealed weapon in any of the parking lots.
 
Where in Ohio do you live? I carry all over Circuit City, Walmart, BP, Shell, Marathon, most restaurant I eat at and many other places.
 
You must log in or register to reply here.
Back
Top