OFCC obtains copy of Hamilton County Prosecutor's Open Carry Mandate

TO: ALL COUNTY LAW ENFORCEMENT AGENCIES

FROM: MICHAEL K. ALLEN
HAMILTON COUNTY PROSECUTING ATTORNEY

DATE: SEPTEMBER 25, 2003

RE: Klein vs. Leis, 99 Ohio St.3d 537 (Sept. 24, 2003)

1. On September 24, 2003, the Ohio Supreme Court ruled that Ohio's statutes which prohibit carrying concealed weapons (cited) and Improper Transportation of Firearms in a Motor Vehicle (cited) are constitutional enactments of the General Assembly. The Court ruled that there is no constitutional right to bear concealed weapons. While recognizing a fundamental right to bear arms, under the Ohio Constitution, the Ohio Supreme Court held that these statutes are a reasonable regulation of the manner in which weapons are carried.

2. The (OSC) did not address the issue of carrying "unconcealed" weapons. The plaintiffs in the lawsuit argued that anybody who openly carries a firearm is automatically arrested. There is no statute, in the state of Ohio, which prohibits the carrying an unconcealed firearms, on your person. Police officers are advised that they should not consider an individual openly carrying a firearm as an "automatic arrest." 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). Each case must be judged on it's own set of facts.

3. The Court's decision did not impact the prohibitions against carrying weapons in certain locations, such as school safety zones, liquor premises, courthouses or detention facilities or possessing a weapon while under disability or intoxicated.

4. If you have any questions please contact....(names and numbers redacted)

Commentary by Chad D. Baus:

Ohioans For Concealed Carry is also in receipt of several threats from other local law enforcement agencies, mailed to inquiring citizens, stating that although open carry is law, their officers will automatically arrest for disorderly conduct or inducing panic. Obviously we will take instances of citizens having their rights violated in such a manner VERY seriously. Other prosecuting attorneys would be prudent to so inform their law enforcement agencies.

Beyond that, we believe a memo similar to this one, issued by State Attorney General and gubernatorial-hopeful Jim Petro would put to rest such blatant abuse from uninformed or pro gun-control law enforcement agencies and prosecutors.

Ohioans concerned about their self-defense rights will not again make the mistake of taking a gubernatorial-candidate's word on his or her support for concealed carry reform. We will have expected them to act when they had an opportunity to prove their claims. This is such an opportunity for Attorney General Jim Petro.

Click here to download the memo in a .pdf file.