Open carry of firearms is a legal activity in Ohio

January 13, 6:11 AMCleveland Gun Rights ExaminerDaniel White

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Courtesy Oleg Volk

In an article I wrote yesterday, I mentioned two incidents that occurred last year concerning open carry of firearms.

The first one occurred in Willowick. An OFCC member was harassed by the Willowick Police department for openly carrying a firearm. That incident was caught on tape and resulted in a sit-down meeting with the police chief and his staff. In

Northwood, another OFCC member was also openly berated. This time, the police department refused to acknowledge their error which culminated in an open carry walk designed to drive home the point that open carry is legal in Ohio.

These were just two of many across the state in the past few years, all as a result of law enforcement claims that they did not know open carry is a legal activity in the state of Ohio, provided the person is not under disability (prohibited from owning firearms, legally intoxicated, etc.), though is subject to applicable state and federal laws (certain premises are off limits). An important side note is that carrying a loaded firearm in a motor vehicle without a concealed handgun license is not permitted in Ohio.

Admittedly, open carry can be a hotly debated topic even amongst gun rights advocates, but that doesn't change the fact that it is perfectly legal. Law enforcement officers have a duty to know the law when it comes to open carry, and comprehensive steps should be taken to ensure they do.

• The Ohio Peace Officer Training Commission should make citizen open carry a topic of training for all new police officers. Included should be not only that open carry is legal, but also that open carry in and of itself is not probably cause for a Terry stop nor is it Inducing Panic or Disorderly Conduct.
• The Ohio Attorney General should issue an official opinion directing all public prosecutors to not prosecute a person for the act of openly carrying a firearm where no law has been broken.
• Dispatchers should be training to ask incoming callers with a "man with a gun" complaint if the "suspect" is carrying the firearm in a holster to advise the caller that it is a legal activity.

It is completely unacceptable that a person committing no crime and simply exercising a right guaranteed by both the U.S. and Ohio constitutions be subjected to being harassed or held at gunpoint by police officers. Ignorance of the law is no excuse, and that goes both ways.

Ultimately, it is up to the individual to decide whether open carry or concealed carry is right for them. As long as it remains a legal activity in Ohio, it isn't up to law enforcement or anti-gun local politicians to make that decision for them.