Cant Carry in public

[trailboss]

Watching the news today (Cincinnati) I see a public rally is scheduled for today and the police have put up barricades and are posting no gun signs on them.
So I guess the government can take your public carry rights away whenever they feel like it.


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[jg1967]

Most States have some kind of restrictions on bringing guns to political events - I guess the reasoning is that guns and heated debates are not an ideal mixture. I have to admit that I can not entirely disagree with that.

 

[~OtisM~]

Watching the news today (Cincinnati) I see a public rally is scheduled for today and the police have put up barricades and are posting no gun signs on them.
So I guess the government can take your public carry rights away whenever they feel like it.


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That's why its concealed.

Is that the kkk rally today? Im from the area too.

 

[trailboss]

College Hill was the location.
I was surprised to see police taping no gun signs up.

Did not know it was a kkk rally.

Wonder how long the riots would last if races were reversed.


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[rt48]

So I guess the government can take your public carry rights away whenever they feel like it.

Not legally. We have state preemption here in Ohio and any attempt by a city to regulate carry is meaningless. I spent a couple days in Cincinnati in June and was on Fountain Square multiple times. Each time I laughed at the "no guns" the city has posted since they have no legal backing. I was carrying every single time.

 

[rt48]

Most States have some kind of restrictions on bringing guns to political events - I guess the reasoning is that guns and heated debates are not an ideal mixture. I have to admit that I can not entirely disagree with that.

Ohio has no such restriction.

 

[A.j. Lehman]

You're a braver soul then I am. I thought that a sign posted HAS to be honored according to state law.

Not legally. We have state preemption here in Ohio and any attempt by a city to regulate carry is meaningless. I spent a couple days in Cincinnati in June and was on Fountain Square multiple times. Each time I laughed at the "no guns" the city has posted since they have no legal backing. I was carrying every single time.

 

[rt48]

I thought that a sign posted HAS to be honored according to state law.

Yes, signs have to be obeyed if they are posted per state law (and I do). Some cities like to play games posting signs in places they have no legal authority to post. Those I ignore.

 

[localgirl]

I encountered something similar here. Someone on the forum wanted to organize a day of open carry across the states, and when I looked into getting a permit for a march/parade in my city, there was a restriction against x number of people gathering while open carrying. Obviously they wouldn't know if people were concealed, and any other time open carry is perfectly fine. Probably goes back to posse days. I dunno.

 

[Rabbitcreekok]

Oklahoma law does not allow carry in any official meeting in any location involving elected officials at the City, County, State, Federal or School Board.

 

[Rhino]

Ohio has no such restriction.

Correct.

You're a braver soul then I am. I thought that a sign posted HAS to be honored according to state law.

Not if it's posted where the law does not allow it to be posted.

They should have known better. The Cincy Police law department released a memo on July 3rd telling them they couldn't prohibit lawful carry.
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[ESD]

Most States have some kind of restrictions on bringing guns to political events - I guess the reasoning is that guns and heated debates are not an ideal mixture. I have to admit that I can not entirely disagree with that.

I disagree with that. I am a law-abiding citizen, and I passed the background check required by state law. Also, I was trained to carry a concealed firearm within the guidelines setforth by the state of Ohio as well. I'm not a criminal, and I'm tired of being treated like one where my rights to keep and bear arms is concerned.

 

[apvbguy]

Ohio has no such restriction.

if true then the coppers cannot just impose one just because they want to!

 

[Rhino]

if true then the coppers cannot just impose one just because they want to!

That's what preemption means, that local laws cannot regulate firearms any stricter than the state laws, other than zoning restrictions. In Ohio that extends even to municipalities governed under what's called 'home rule'. One of them went to court to fight it and lost. The only way a political event can preempt state law in Ohio is if some federal law has carry restrictions that apply, such as at events where the president or other Secret Service protectees would be in attendance.

 

[apvbguy]

That's what preemption means, that local laws cannot regulate firearms any stricter than the state laws, other than zoning restrictions. In Ohio that extends even to municipalities governed under what's called 'home rule'. One of them went to court to fight it and lost. The only way a political event can preempt state law in Ohio is if some federal law has carry restrictions that apply, such as at events where the president or other Secret Service protectees would be in attendance.

this is just what tampa tried to pull this summer for the republican convention there.
like ohio FLA has preemption over all gun laws and while the SS can impose a ban within the convention building that is where their jurisdiction ends. the city tried to declare the majority of the downtown area a no gun zone during the convention, that ban lasted about 3 minutes until the governor and the AG told them in no uncertain terms that such a ban cannot be implemented on a local level.

 

[Bikenut]

I disagree with that. I am a law-abiding citizen, and I passed the background check required by state law. Also, I was trained to carry a concealed firearm within the guidelines setforth by the state of Ohio as well. I'm not a criminal, and I'm tired of being treated like one where my rights to keep and bear arms is concerned.

Thank you for your service to our country ESD.

If you are speaking about a concealed carry permit then you are NOT speaking about your right to bear arms since a "permit" is "permission granted by the government"... and that is the exact kind of infringement that "shall not be infringed" is talking about.

Actually, for the government to require a "permit" IS the government deciding that anyone who doesn't meet the criteria set by the State and doesn't have permission is a criminal and will not be "allowed" to exercise the right to bear concealed arms.

Having a "right" means never having to ask the government for "permission".

 

[Bikenut]

Michigan just went through a case where a Lansing Library Authority tried to make it's own gun bans.. and tried to say it was legal because the word "Authority" wasn't specifically mentioned in Michigan's firearms preemption law (MCL 123.1102 can be read here --> Michigan Legislature - Section 123.1102 <--).

The Michigan Court of Appeals shot it down saying that any dept. or municipal unit created by a municipality is still a unit of government and covered by preemption.

CoA decision can be read here:

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Had the Court upheld the idea that each and every municipal dept. or unit's exact name had to be spelled out in the preemption law there would have been umpteen gun control government organizations suddenly formed and named "Authorities" (Downtown Development Authority?) or "Commissions" or just plain old "We just banned your guns from our county/city/town/township".

Preemption laws are very good things....

 

[Rhino]

this is just what tampa tried to pull this summer for the republican convention there.
like ohio FLA has preemption over all gun laws and while the SS can impose a ban within the convention building that is where their jurisdiction ends. the city tried to declare the majority of the downtown area a no gun zone during the convention, that ban lasted about 3 minutes until the governor and the AG told them in no uncertain terms that such a ban cannot be implemented on a local level.

But that wasn't a federal law causing the restriction. That was a city trying to enact it's own, using the election as an excuse.

 

[jg1967]

I disagree with that. I am a law-abiding citizen, and I passed the background check required by state law. Also, I was trained to carry a concealed firearm within the guidelines setforth by the state of Ohio as well. I'm not a criminal, and I'm tired of being treated like one where my rights to keep and bear arms is concerned.

Not ENTIRELY ... on principle I dissagree.