- Sep 4, 2005
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In terms of whether or not "open carry causes problems", it very much depends on the venue and gun culture of the region. There are some rural areas where it's somewhat common, everyone is comfortable with guns, and it doesn't shock or alarm anyone. If I walked into a deli in Cleveland with my Xdm tactical on my hip (and no badge to go with it), yeah, a lot of people would be uncomfortable and it would disrupt business for the deli owner.
From my own personal perspective, even though Ohio allows for open carry, I still opt to carry concealed (and I still also opt to pay for, and renew my concealed weapons permit despite Ohio no longer requiring them)
I'll explain my reasons why...
1) For a true defensive situation, the element of surprise is your friend. If I'm in a corner store, and the "movie type" situation of some guys busting in and saying "gimme all the money in the register" were to happen, if they look around the store and see a bunch of unarmed people, and one guy with a gun on his hip...who do you think they're watching the closest?
2) If someone had been following me around and looking to rob me, if they see the gun on my hip, they're going to be more "on-guard" and that could lead to them coming the decision of "just shoot him first"
3) Despite a state having "constitutional carry", many (falsely) believe that the rights and privileges are the same as a person who actually has the official permit. In many states, that's not the case at all, and it's a costly legal lesson for people to learn.
For example, with my permit, if a store has one of those "gun busters" signs in the window, which usually includes the language "unless otherwise authorized by law"... and I carry into the store, the worst that can happen if they happen to notice it, and don't like it, is they can ask me to leave (if I were to refuse, it would be a trespassing charge). However, if they have one of those signs, and a person is carrying under "constitutional carry", that person just committed a felony if it's spotted.
While this scenario doesn't apply to me, picking up kids from school is another BIG one. A person with a CCW is allowed to do a pick-up/drop-off with a gun in their vehicle (provided they're not getting out of their vehicle). A person doing the same under "constitutional carry" is guilty of having a loaded firearm on school property, a crime that would likely come with jail time.
There's also the reciprocity benefits of having a proper concealed permit.
Here's just one such example:
In 2013, the Illinois General Assembly enacted the Firearm Concealed Carry Act (the Act) (430 ILCS 66/1 et seq.(West 2018)), this State's first law permitting the carrying of concealed firearms. Under subsection 40(e) of the Act (430 ILCS 66/40(e) (West 2018)), a non resident who does not possess an Illinois concealed carry license, but who is licensed to carry a firearm in his or her state, may carry a concealed firearm in Illinois "within his or her vehicle[,]" if the non-resident satisfies the requirements set out therein.
So as an Ohio CCW holder, if I wanted to drive in Illinois, I can keep a concealed firearm in my vehicle. And its technically "easier" for me to get an Ohio CCW permit, than it would be for people from Illinois to get a permit from their own home state.
So technically, I have more gun rights in Illinois than most of their own residents do with regards to keeping a gun in my car.
Also, as a side note: Whenever I travel with my gun, I always make sure I travel with print-outs of documentation provided by the Ohio Attorney General's website pertaining to each state, because one can't necessarily assume that PD in other states are familiar with the law.
I've never been pulled over or had any issues, but it's better to be proactive rather than having to spend thousands on a lawyer to be reactive.
For example, when I went to Vermont and Maine, I had to travel through both PA and New York.
I had a full print-out of our reciprocity agreement with PA, and had a print out of the FOPA provisions for when I went through New York. (for NY, I had to unload the gun before I entered the state, and keep the ammo in a separate container)
From my own personal perspective, even though Ohio allows for open carry, I still opt to carry concealed (and I still also opt to pay for, and renew my concealed weapons permit despite Ohio no longer requiring them)
I'll explain my reasons why...
1) For a true defensive situation, the element of surprise is your friend. If I'm in a corner store, and the "movie type" situation of some guys busting in and saying "gimme all the money in the register" were to happen, if they look around the store and see a bunch of unarmed people, and one guy with a gun on his hip...who do you think they're watching the closest?
2) If someone had been following me around and looking to rob me, if they see the gun on my hip, they're going to be more "on-guard" and that could lead to them coming the decision of "just shoot him first"
3) Despite a state having "constitutional carry", many (falsely) believe that the rights and privileges are the same as a person who actually has the official permit. In many states, that's not the case at all, and it's a costly legal lesson for people to learn.
For example, with my permit, if a store has one of those "gun busters" signs in the window, which usually includes the language "unless otherwise authorized by law"... and I carry into the store, the worst that can happen if they happen to notice it, and don't like it, is they can ask me to leave (if I were to refuse, it would be a trespassing charge). However, if they have one of those signs, and a person is carrying under "constitutional carry", that person just committed a felony if it's spotted.
While this scenario doesn't apply to me, picking up kids from school is another BIG one. A person with a CCW is allowed to do a pick-up/drop-off with a gun in their vehicle (provided they're not getting out of their vehicle). A person doing the same under "constitutional carry" is guilty of having a loaded firearm on school property, a crime that would likely come with jail time.
There's also the reciprocity benefits of having a proper concealed permit.
Here's just one such example:
In 2013, the Illinois General Assembly enacted the Firearm Concealed Carry Act (the Act) (430 ILCS 66/1 et seq.(West 2018)), this State's first law permitting the carrying of concealed firearms. Under subsection 40(e) of the Act (430 ILCS 66/40(e) (West 2018)), a non resident who does not possess an Illinois concealed carry license, but who is licensed to carry a firearm in his or her state, may carry a concealed firearm in Illinois "within his or her vehicle[,]" if the non-resident satisfies the requirements set out therein.
So as an Ohio CCW holder, if I wanted to drive in Illinois, I can keep a concealed firearm in my vehicle. And its technically "easier" for me to get an Ohio CCW permit, than it would be for people from Illinois to get a permit from their own home state.
So technically, I have more gun rights in Illinois than most of their own residents do with regards to keeping a gun in my car.
Also, as a side note: Whenever I travel with my gun, I always make sure I travel with print-outs of documentation provided by the Ohio Attorney General's website pertaining to each state, because one can't necessarily assume that PD in other states are familiar with the law.
I've never been pulled over or had any issues, but it's better to be proactive rather than having to spend thousands on a lawyer to be reactive.
For example, when I went to Vermont and Maine, I had to travel through both PA and New York.
I had a full print-out of our reciprocity agreement with PA, and had a print out of the FOPA provisions for when I went through New York. (for NY, I had to unload the gun before I entered the state, and keep the ammo in a separate container)
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