Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    11,831
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    21474858

    Default Re: What would you do?

    Quote Originally Posted by cham09 View Post
    Wow, did not know that it had to be from the actual state you’re in at the time....that sounds like a real “gotcha!” kind of law. So if you’re carrying in another state under reciprocity, it’s illegal to even be driving through a school zone on a public road?
    "(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;"
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  2. #12
    Join Date
    Jan 2011
    Location
    Cleveland, but looking to relocate to Oil City, Ohio
    Age
    38
    Posts
    53
    Rep Power
    644608

    Default Re: What would you do?

    Ohio allows you to carry through a school zone if you are not exiting your vehicle. They just changed the law to also state permit holders can store in their vehicle if they are entering the school.

    http://codes.ohio.gov/orc/2923.122

  3. #13
    Join Date
    Apr 2011
    Location
    Burgettstown, Pennsylvania
    (Washington County)
    Age
    65
    Posts
    981
    Rep Power
    11976579

    Default Re: What would you do?

    Quote Originally Posted by Stiltz79 View Post
    Ohio allows you to carry through a school zone if you are not exiting your vehicle. They just changed the law to also state permit holders can store in their vehicle if they are entering the school.

    http://codes.ohio.gov/orc/2923.122
    What Ohio allows is not the whole question. The question is where the Feds allow it which they do not unless you have a permit from the state the school is in.

  4. #14
    Join Date
    Nov 2013
    Location
    north, Pennsylvania
    Posts
    648
    Rep Power
    20587902

    Default Re: What would you do?

    I am not a lawyer and don't know the extent of the law in Ohio. But there are several options and ways of thinking about this.

    1. Do exactly what you did. Keep it concealed, deal with everything as courteously and adult-like as possible, and get out of there. This would probably work almost every time.

    2. Hide it in the car before you leave the vehicle (this would totally depend on how feasible it is to conceal it without being seen, and whether you are going to drive the car away or need to have it towed)

    3. Fifth amendment - I don't care what the "duty to inform" law says, you cannot be compelled to speak or incriminate yourself. Someone needs to win a good lawsuit in every state that has this ridiculous law. Revert to option 1.

    4. Loophole - In Ohio you have a duty to inform during a traffic stop, right? This was not a traffic stop. The cop did not pull you over, and was not there to detain you or cite you on anything. So no duty to inform. He did not pull you over. Revert to option 1.

    5. If push comes to shove and the feds get involved you leverage the feds against the state. You were complying with the federal school zone law (moving down the road not stopping at the school) until the state trooper forced you to stop in a school zone, violating the federal law. So now it is the state vs the feds, with you as an afterthought in between. Let them fight it out. Sue the state for forcing you to break a federal law. etc... You aren't allowed to flee the scene of an accident (hit and run or whatever its called) so in order to follow the state law, you had to break a federal law. Let the state and the feds fight about it. This would suck, but then you would only have to fight the winner, not both.
    Sic semper tyrannis

  5. #15
    Join Date
    Apr 2011
    Location
    Burgettstown, Pennsylvania
    (Washington County)
    Age
    65
    Posts
    981
    Rep Power
    11976579

    Default Re: What would you do?

    Quote Originally Posted by hog45 View Post
    I am not a lawyer and don't know the extent of the law in Ohio. But there are several options and ways of thinking about this.

    1. Do exactly what you did. Keep it concealed, deal with everything as courteously and adult-like as possible, and get out of there. This would probably work almost every time.

    2. Hide it in the car before you leave the vehicle (this would totally depend on how feasible it is to conceal it without being seen, and whether you are going to drive the car away or need to have it towed)

    3. Fifth amendment - I don't care what the "duty to inform" law says, you cannot be compelled to speak or incriminate yourself. Someone needs to win a good lawsuit in every state that has this ridiculous law. Revert to option 1.

    4. Loophole - In Ohio you have a duty to inform during a traffic stop, right? This was not a traffic stop. The cop did not pull you over, and was not there to detain you or cite you on anything. So no duty to inform. He did not pull you over. Revert to option 1.

    5. If push comes to shove and the feds get involved you leverage the feds against the state. You were complying with the federal school zone law (moving down the road not stopping at the school) until the state trooper forced you to stop in a school zone, violating the federal law. So now it is the state vs the feds, with you as an afterthought in between. Let them fight it out. Sue the state for forcing you to break a federal law. etc... You aren't allowed to flee the scene of an accident (hit and run or whatever its called) so in order to follow the state law, you had to break a federal law. Let the state and the feds fight about it. This would suck, but then you would only have to fight the winner, not both.
    Actually what I have read of Ohio gun laws is that if you are stop by a LEO for any law enforcement purpose you are required to notify.

  6. #16
    Join Date
    Nov 2013
    Location
    north, Pennsylvania
    Posts
    648
    Rep Power
    20587902

    Default Re: What would you do?

    Quote Originally Posted by BobGun View Post
    Actually what I have read of Ohio gun laws is that if you are stop by a LEO for any law enforcement purpose you are required to notify.
    Were you stopped by him? Sounds to me like you and the lady who hit you stopped on your own accord, and he approached to see if everyone was ok. Would you have to inform if you were waiting in line at McDonalds and he walked up behind you?
    Sic semper tyrannis

  7. #17
    Join Date
    Dec 2011
    Location
    Kittanning, Pennsylvania
    (Armstrong County)
    Age
    49
    Posts
    197
    Rep Power
    876279

    Default Re: What would you do?

    Quote Originally Posted by hog45 View Post
    Were you stopped by him? Sounds to me like you and the lady who hit you stopped on your own accord, and he approached to see if everyone was ok. Would you have to inform if you were waiting in line at McDonalds and he walked up behind you?
    A few years back I was traveling with Mrs PAcarrier to Columbus on a pharmaceutical run to the local jail. While she was making the delivery inside, a deputy knocked on the window to ask if everything was OK. I told him the deal with what she was doing, and he was cool with that. I didn't feel the need to inform because it wasn't "official" police business or an enforcement process.
    Take the RIA/NRA Freedom challenge. https://www.riafreedomchallenge.com/

  8. #18
    Join Date
    Apr 2011
    Location
    Burgettstown, Pennsylvania
    (Washington County)
    Age
    65
    Posts
    981
    Rep Power
    11976579

    Default Re: What would you do?

    Quote Originally Posted by hog45 View Post
    Were you stopped by him? Sounds to me like you and the lady who hit you stopped on your own accord, and he approached to see if everyone was ok. Would you have to inform if you were waiting in line at McDonalds and he walked up behind you?
    Actually the accident happened in WV, but I was asking about what I should have done if it happened in Ohio and the officer was there for a law enforcement purpose. If a LEO walked up behind me at a McDonald's and walked up behind me and did not ask me any law enforcement questions I would not inform, but if he asked me about having seen a robber then I would need to inform.

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