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Wednesday, July 9, 2008

Ignorant Cops

According to Article I, Section 4 of the Ohio Constitution, "The people have the right to bear arms for their defense and security," law-abiding citizens are guaranteed the right to carry a firearm in the State of Ohio.

And note that it says nothing about the 'militia'. There's absolutely nothing there that can be construed to mean "the people" is a collective. It's "the people" as in each and every one of us.

Because your office is charged with the training of law enforcement officers in the State through the Ohio Peace Officer Training Commission, we are asking you on behalf of all members of Ohioans For Concealed Carry, and all law-abiding gun owners in the State of Ohio, to issue a training memorandum to every law enforcement agency in the State clarifying that:

  • There is no statute, in the State of Ohio, which prohibits the carrying of unconcealed firearms, on your person, except in locations specifically denoted by State or Federal law, or in a motor vehicle without a concealed handgun license.

  • A person openly carrying a firearm, and not otherwise committing any crime, cannot be required to produce identification, nor is such an act in and of itself probable cause for a Terry stop.

  • A person who has been issued a Concealed Handgun License, but is not carrying a firearm concealed, is not required by law to notify a law enforcement officer that he/she has a concealed handgun license.

  • Law Enforcement Officers must exercise their judgment and only make an arrest in cases where probable cause existed to believe that the person carrying the firearm is violating the law. Openly carrying a firearm does not mean that the person is automatically guilty of Disorderly Conduct (R.C. 2917.11) or Inducing Panic (R.C. 2817.31).

Until very recently, localities could and did have laws more restrictive than state laws. At least that has changed, in theory. I suspect that locals will try to enforce laws that are now illegal, at least to the point of harrassment. They will also illegally make life hard on those that choose to exercise their right to carry openly. I can only hope that those officers and their respective agencies get similar, if not more intense, treatment in return.

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