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What's an Ohio CCW holder to do? (Vanity Question)
08.28.06 | mr_hammer

Posted on 08/28/2006 6:13:00 PM PDT by mr_hammer

I just got done reviewing the Ohio State link at packing.org. To say I am slightly confused is an understatement. How does some punk city government write laws that usurp Federal and State Firearms laws?

Are not laws regarding firearms Federal and State Issues? What if we started writing laws regarding who can practice law or medicine on a city-by-city basis? What about driving privileges on a county-by-county basis. This is absolutely flipping NUTS!

What say you FR lawyers, any advice?


TOPICS: Your Opinion/Questions
KEYWORDS: banglist; ccw; citygoverment; firearms; gunlaws; stategovernment
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1 posted on 08/28/2006 6:13:01 PM PDT by mr_hammer
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To: mr_hammer

To Admin Moderator:
Can you post to Banglist?


2 posted on 08/28/2006 6:16:21 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: mr_hammer

Until somebody challenges them and wins, they can get away with this. Look to NYC, Detroit, Chicago, etc.........


3 posted on 08/28/2006 6:17:33 PM PDT by umgud (Do moderate muslims luv us infidels and Jews?.... Didn't think so.)
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To: mr_hammer

Gotta link? What city are we talking about here? What part of the CC law did they change? Inquiring minds want to know.


4 posted on 08/28/2006 6:17:36 PM PDT by saganite (Billions and billions and billions-------and that's just the NASA budget!)
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To: mr_hammer

Houston does the same thing.


5 posted on 08/28/2006 6:24:24 PM PDT by Michael Goldsberry (Lt. Bruce C. Fryar USN 01-02-70 Laos)
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To: mr_hammer
Here's what you do:

Apply for a Florida CCW permit. It's honored in Ohio, it's legal to do so and you don't have your name on a list.

The other option is an open carry, which is legal as well. Odds are you'll probably get a talking to about "menacing" or "inciting panic" by the police. Have a nice day.

Take a look at OhioCCW.org for more ideas.

6 posted on 08/28/2006 6:28:16 PM PDT by Bosco (Remember how you felt on September 11?)
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To: mr_hammer

A lot of States have this 'home rule" issue with reguards to CCW (Alaska is not one of them) - it does not matter if you feel they are 'right' or 'wrong', it is the law.

I guess it is one of those choices things -- wait for someone else to change the law or join an organization deticated to changeing that law (NOT the NRA, a local outfit), or get some bucks, a laywer and get arrested.

YMMV


7 posted on 08/28/2006 6:29:06 PM PDT by ASOC (The phrase "What if" or "If only" are for children.)
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To: Michael Goldsberry

Here you go. Found out a city right next to me passed an anti conceal carry law! Man am I pissed!

http://www.packing.org/state/ohio/


8 posted on 08/28/2006 6:34:32 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: mr_hammer

I'm very familiar with packing.org. Cities do this all the time and are always overturned.


9 posted on 08/28/2006 6:37:38 PM PDT by Michael Goldsberry (Lt. Bruce C. Fryar USN 01-02-70 Laos)
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To: mr_hammer
In many cases, local and state laws can be MORE restrictive than federal laws, but never LESS restrictive. In other words, if it's against federal law, then by definition it's also against state and local law. But if federal law sets one level of restriction, and state/local laws narrow that restriction, they are not in opposition to the federal limit.

Federal law says it's okay to own guns. States can't say it's "okay-er" to own guns. But they ARE free to say it's LESS okay, up to and including outright bans. Municipalities the same way. If your state allows concealed carry, your city or county may still be able to restrict it. (By the way, that's the current tactic the gun-haters are using, now that they're facing defeat in almost every state that's voted on concealed carry. They've lost at the federal level and at every state where the issue has been put to a vote. So now they're down to localities, trying to scare old ladies and soccer mommies with horror stories about "The Old West" and "blood in the streets." It plays better in Suburbia anyway.)

LIMITS propagate down the judicial hierarchy. RIGHTS don't.

Ain't THAT a kick in the pants!

10 posted on 08/28/2006 6:39:20 PM PDT by IronJack (ALL)
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To: Michael Goldsberry

If it were not for family I would leave this idiotic state! Bunch of left over left leaning fools from the 70's still think they are large and in charge.


11 posted on 08/28/2006 6:40:42 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: Bosco
"Apply for a Florida CCW permit."

I have a "non-resident" Florida CCW permit. It is reciprocated in I think about 25 states. Ohio is one of them. So is Pennsylvania. BUT... before traveling to PA the year I got my permit, I called 3 sheriff/state police offices in the area I was going to travel to in PA. Without exception, when I asked the desk Sargent if my Florida CCW was honored in his district/county, I was told NO. Two asked why I felt the need to carry a handgun in "MY" county? My answer was I need it for the same reason he carries it, I was traveling alone and needed it to jeep from becoming a statistic. Even when I read them the agreement I printed off of the PA. Attorney General's website, they said they did not know about that. Imagine the hell you would go through if pulled over for a minor traffic violation and was found carrying a handgun with a permit that no one seems to know about the law. Could be a real headache and ruin a weeks vacation. I printed out a couple of copies of the AG's web site and carried THAT too. So, double check with the jurisdiction you are going to go to and be careful.
12 posted on 08/28/2006 6:42:43 PM PDT by hophead ("Enjoy Every Sandwich")
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To: hophead

"Apply for a Florida CCW permit."

What's this do that an Ohio permit can't?


13 posted on 08/28/2006 6:45:21 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: mr_hammer
I would leave this idiotic state!

Hey, I'm in Texas. Texas! And I tell you that the same thing goes down here.

14 posted on 08/28/2006 6:45:35 PM PDT by Michael Goldsberry (Lt. Bruce C. Fryar USN 01-02-70 Laos)
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To: IronJack

"But they ARE free to say it's LESS okay, up to and including outright bans."

Shaker Heights Ohio threatens to conficate your firearm and destroy it! WTF, good reason to buy a cheap gun.


15 posted on 08/28/2006 6:48:20 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: Michael Goldsberry

My wife and I probably pay $40K a year in property and payroll taxes a year, and for what ... to be treated like some sixth grader!

Ohio better get is proverbial crap togather and stop behaving like a stinking minny nanny state!


16 posted on 08/28/2006 6:52:49 PM PDT by mr_hammer (They have eyes, but do not see . . .)
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To: IronJack
LIMITS propagate down the judicial hierarchy. RIGHTS don't.

Not exactly. Rights set forth in either your state or the federal constitution apply all the way down the judicial hierarchy. That's why, for example, a state supreme court can overturn a lower court ruling, or a federal court can overturn a state court ruling.

Also, in some states local jurisdictions can only create ordinances where they have been expressly granted the right to do so by the state government. No worry about a town or city trying to create its own laws or regulations in those states unless the state legislature has granted them a right to regulate firearms. You may still see a local government pass an ordinance, but they are easy to defeat in even a local court -- and you don't need to get arrested to do so. Just find competent counsel and file for a declaratory judgement as to the invalidity of the law.

17 posted on 08/28/2006 7:03:59 PM PDT by freeandfreezing
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To: mr_hammer
I've always operated under the premise that free men don't ask permission. I don't have a CCW permit and don't plan on asking for one.

The truth is, if you have to use it, your freedom and net worth is at risk anyway.

Just don't attract the attention of Law Enforcement.

18 posted on 08/28/2006 7:07:05 PM PDT by elkfersupper
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To: umgud

Detroit doesn't have any special CCW rules. That's because a small city just north of Detroit, Ferndale tried limitations beyond the law, got challenged and lost. The State Supreme Court ruled clearly that municipalities may NOT add any limitations.

It gives me great pleasure to set off the metal detector at my library when I walk in, right past eh No Weapons sign.


19 posted on 08/28/2006 7:11:14 PM PDT by cyclotic (Support Cub Scouting-Raising boys to be men, and politically incorrect at the same time.)
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To: mr_hammer
Well, once the lawyers and judges got comfortable ignoring the 2nd Amendment, everything else has been up for grabs.
20 posted on 08/28/2006 7:23:05 PM PDT by Bob Mc
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