Thread: Ohio Precedent?
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Old September 29, 2010, 07:06 PM   #10
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
Quote:
the Ohio Supreme Court ruled that open carry was legal without a permit because concealed carry was prohibited by statute, and the Ohio state constitution guaranteed a right to keep and bear arms. Ergo, if you have a right to bear arms and you can't bear them concealed, then the only option left is open carry.
The premise you attributed to the court is wrong. They did not rule open carry was legal because concealed carry was prohibited. It's just not in the opinion.

Quote:
the justices ruled that a prohibition against concealed carry could stand as long as open carry was allowed.
No, that's the same faulty premise you are attributing to the court. The prohibition against concealed carry was not dependent on open carrying be allowed. They simply said the right to bear arms was fundamental but subject to regulation, including regulation of concealed carry.

Quote:
And it was specifically this decision that set the stage for the series of open-carry-ins that led to the enactment of the Ohio concealed carry law. If Klein had not made it clear that open carry was legal because without open carry the law would not leave any way for the People to exercise their RKBA, the carry-ins could not have taken place.
That may very well be the case. I'm not disputing it because I don't know.

At any rate, good luck on your efforts to get concealed carry in your state.
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