Op-Ed: Correcting the bad, praising the good about recent CCW editorial

On Friday, May 7, a guest editorial by Mr. Clarence J. Brown was published in all the Brown Publishing-owned newspapers, entitled "Be Careful What You Wish For" (unfortunately the editorial pages are not available on the web sites).

The article addressed concealed carry, some of the more prominent problems, and the issue of businesses posting signs banning CCW.

While very good on addressing the business ban issue, and on questions about liability should someone be hurt during a crime in a posted business, he was sadly off base on vehicle carry because he said you have to "unload the bullets" and carry, etc.

On May 12, a response ran on the editorial page of the Xenia, Beavercreek & Fairborn papers, written by OFCC Senate District 10 Coordinator Larry S. Moore, setting the record straight.

Click on the "Read More..." link below for more.

SETTING THE RECORD STRAIGHT

First let me say that I have great respect for Clarence Brown. Over many years - actually decades - he has provided community leadership throughout Ohio.

His guest column entitled "Be Careful What You Wish For" was generally very good at highlighting some of the illogical and problematic areas of the law. However it also contained some misleading information regarding a critical area of the new concealed carry law.

Mr. Brown was either misinformed or confused regarding carrying a loaded handgun in a motor vehicle. Incorrect information may be especially dangerous to the concealed handgun license holder, as well as, to the general public.

The Ohio concealed carry law in section 2923.16 deals with firearms and motor vehicles. Specifically lines 2544 through 2552 deals with the concept of concealed carry in a motor vehicle. The pamphlet Ohio's Concealed Carry Law written by the Ohio Attorney General specifically explains carry in a motor vehicle and traffic stop concerns on pages 12 through 14. The pamphlet is available online at the Ohio Attorney General's website.

The concealed handgun license (CHL) holder may carry a loaded handgun in a motor vehicle in one of three ways. First, in a holster that is attached to the person's body and in plain view. All parts of this clause must be satisfied for the handgun to be legally carried. (Concealed carry in plain view does seem like an oxymoron!) Secondly, the loaded handgun may be in a locked glove box. Thirdly, the loaded handgun may be in a case that is locked and in plain view. Those are the only ways a loaded handgun may be carried and only by a CHL holder. The concealed carry law only applies to handguns.

Rifles, shotguns, or other deadly weapons must be carried in the same manner as they have always been carried. Handguns being transported by someone who is not a CHL holder must also be stored in a vehicle the same as previously done. Generally speaking, these firearms are carried unloaded, with the action open and in plain view, or in a case made for transporting firearms. The ammunition should be carried separately from the firearms. The courts have generally interpreted this to mean that the firearm and ammunition cannot be within reach of the occupants without exiting the vehicle. Vans and SUVs require some additional precautions.

Mr. Brown's commentary shines when it comes to explaining the many problems regarding posting of businesses for no firearms. I term this a "victim zone mentality". It is very close to hanging a sign stating, "Please Rob Me". Perhaps worse is the requirement to leave my firearm in my vehicle. A case in plain site is just begging for a snatch and grab operation. The denial of my law-abiding rights and the added danger of being targeted is enough to make me avoid those businesses. Many businesses have chosen to let the law take effect without undue notice. That seems to be a reasonable approach. Try applying a small dose of common sense to the situation. With 45 other states having some form of concealed carry, it is very likely that most of us have visited or traveled through a state that has concealed carry. Businesses rarely if ever are posted. Most likely concealed carry never crossed your mind. What is so different about the citizens of Ohio?

The negative effects of posting are beginning to be noted. A Dairy Mart store in Akron posted for no firearms. At 10:50 AM (note not at night but in broad daylight) on May 5, a robber entered the store and placed a gun to the head of the clerk. So much for the sign protecting anyone. The robber emptied the cash register and hit the clerk over the head with the gun. The robber was caught. Dairy Mart has refused to comment because they don't want the publicity. I suppose a sign that reads "I AM STUPID" might now be appropriate.

Closer to home the Van Huesen Store at the Prime Outlet Mall located at US 35 and I-71 was the scene of a robbery earlier this year. That has now been linked to a series of robberies and rapes at similar malls in Ohio. The case is being dubbed the "retail rapist". However, the Prime Outlet Mall has posted no firearms leaving employees and customers defenseless. I am certainly glad the new US 35 bypasses them!

The Ohioans For Concealed Carry has a card available through their website (www.Ohioccw.org). It is a no gun equals no money card. It states that we respect the wishes of the posted businesses by taking our business and money elsewhere. The back of the card notes that the CHL holder has been background checked with no felony convictions (lifetime), no history of drug use or mental illness. How much does the business really know about their other customers?

While the debate regarding concealed carry will no doubt continue for quite some time, it is the law in Ohio. Do not be surprised if you are driving and see someone in the next lane with a visible holstered firearm. Or perhaps you will notice someone in a mall or shopping center parking lot removing a handgun. Do not be alarmed. They are following the law. Remember, the bad guy that is illegally armed will not be making such a display of firearms.

Larry S. Moore is the Ohioans For Concealed Carry Senate District 10 Coordinator.