Joe Rickershauser <[EMAIL PROTECTED]> wrote: > I've always felt that the way to change public policy on concealed carry in > states > that insist that a right to bear arms _openly_ exists (e.g. OH, KS, NE?, WS?) > is to > call the bluff of the prohibitionists -- carry openly. > > An organized campaign to set aside a Carry Day, or encouragement of carry > every > Saturday (weekday carry might jeopardize peoples' jobs), or some other idea > along > these lines could be effective. > > If a state has clear case law stating right to carry openly, then the > prohibitionists > won't get the law changed to overturn it. The prohibitionists and fence > sitters would > probably decide that "out of sight" is how they'd prefer to have their law > abiding > citizens armed. > > --jcr
Without question. I've heard that this played some part in West Virginia's adoption of a non-discretionary permit law. Ohio, to my knowledge, has no ban on open carry. The dissent claims that the only way that majority opinion can be right that this is a fundamental right, and yet subject to regulation, is because open carry is not prohibited. This is consistent with almost 200 years of state supreme court decisions that have recognized that concealed carry can be prohibited as long as open carry is allowed. (There are, of course, other decisions that have taken other tacks.) I think organizing widespread open carry in Ohio would be a worthwhile way to encourage action from the legislature. However: 1. If done, police should be informed in advance, and ideally, a lawyer should review all the case law, and write a letter informing police of the intention of open carry--and reminding the police that the Ohio Supreme Court has ruled that bearing arms is a "fundamental right." If they insist on arresting people for open carry--without any prohibition--they are opening themselves up to some potential liability. 2. One possibility is that the Ohio legislature could prohibit open carry, and use the public safety rationale the opinion used to justify a ban on concealed carry. It sounds like, however, the Ohio legislature would be more likely to adopt a non-discretionary permit law. Clayton E. Cramer [EMAIL PROTECTED] http://www.claytoncramer.com Being a citizen of the Republic is not a spectator sport.
