Results 1 to 8 of 8

Thread: Really stupid Ohio OC question

  1. #1
    Regular Member
    Join Date
    Apr 2012
    Location
    NW Ohio
    Posts
    24

    Really stupid Ohio OC question

    When traveling in a motor vehicle the weapon must be secured with the ammo removed fron the gun and secured away from the weapon.. but what about OC in public does the magazine have to be removed from the weapon , when lets say walking down the street..

  2. #2
    Regular Member MatieA's Avatar
    Join Date
    Jan 2009
    Location
    Egbert, Wyoming, USA
    Posts
    403
    Quote Originally Posted by Yiteurp View Post
    When traveling in a motor vehicle the weapon must be secured with the ammo removed fron the gun and secured away from the weapon.. but what about OC in public does the magazine have to be removed from the weapon , when lets say walking down the street..
    I have traveled through Ohio several times, My understanding is that in a vehicle it must be holstered on your person. I have never unloaded, and have never been bothered when stopping for fuel, or other necessities.
    (I may be wrong)
    Added from http://www.handgunlaw.us/states/ohio.pdf :

    Transporting in Motor Vehicles
    2923.16 (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
    (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.
    (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
    (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer.
    (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
    Note: When carrying a firearm with a CHL in a vehicle the firearm must not be accessible to children or persons under firearm disability. You must carry the handgun in a manner so they do not have access to it.
    www.handgunlaw.us 5
    That means you can’t keep it in the Glove Box or on the seat if unauthorized person by law can access it. Keeping it on your person would keep you within the law.
    Last edited by MatieA; 04-15-2012 at 10:53 PM.
    If you do not test yourself every single day,
    then it is just another wasted day.
    --Semper Fi--

  3. #3
    Regular Member Garystarcher's Avatar
    Join Date
    Mar 2012
    Location
    Canton
    Posts
    26
    When in a vehicle you must unload and store you weapon in a case unloaded that means the magazine is empty and ammo is not any where near them. Unless you have a CCW.

    As far as walking around with the gun loaded it is perfectly legal.

  4. #4
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by MatieA View Post
    I have traveled through Ohio several times, My understanding is that in a vehicle it must be holstered on your person. I have never unloaded, and have never been bothered when stopping for fuel, or other necessities.
    (I may be wrong)
    Added from http://www.handgunlaw.us/states/ohio.pdf :

    Transporting in Motor Vehicles
    2923.16 (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
    (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.
    (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
    (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer.
    (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
    Note: When carrying a firearm with a CHL in a vehicle the firearm must not be accessible to children or persons under firearm disability. You must carry the handgun in a manner so they do not have access to it.
    www.handgunlaw.us 5
    That means you canít keep it in the Glove Box or on the seat if unauthorized person by law can access it. Keeping it on your person would keep you within the law.
    This whole section is about someone with a permit to conceal....it says nothing about a person that is not licensed , but OC. And it is my understanding that unlicensed OC is a legal activity in OH.

    Now, back to the question...if OC is legal, is normal loaded OC in in a vehicle legal? Is there a law that states that loaded OC in a vehicle without a license (that is: holstered on your hip) is illegal? If so, please cite the law. The cite above does not concern unlicensed OC.

  5. #5
    Regular Member MatieA's Avatar
    Join Date
    Jan 2009
    Location
    Egbert, Wyoming, USA
    Posts
    403
    Once again copied from http://www.handgunlaw.us/states/ohio.pdf

    RV/Car Carry Without A Permit/License

    It is illegal to carry a loaded firearm in any vehicle without a valid Permit/License.
    2923.16 Improperly Handling Firearms in A Motor Vehicle.
    (A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
    (B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
    (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
    (1) In a closed package, box, or case;
    (2) In a compartment that can be reached only by leaving the vehicle;
    (3) In plain sight and secured in a rack or holder made for the purpose;
    (4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
    (D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
    (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
    (2) The personís whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
    (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
    (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.
    (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
    (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
    (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
    If you do not test yourself every single day,
    then it is just another wasted day.
    --Semper Fi--

  6. #6
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613
    Quote Originally Posted by hermannr View Post
    This whole section is about someone with a permit to conceal....it says nothing about a person that is not licensed , but OC. And it is my understanding that unlicensed OC is a legal activity in OH.

    Now, back to the question...if OC is legal, is normal loaded OC in in a vehicle legal? Is there a law that states that loaded OC in a vehicle without a license (that is: holstered on your hip) is illegal? If so, please cite the law. The cite above does not concern unlicensed OC.
    Most assuredly does - a permit is required to OC in a vehicle in Ohio.
    You will not rise to the occasion; you will fall back on your level of training.Ē Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  7. #7
    Regular Member MyWifeSaidYes's Avatar
    Join Date
    Dec 2009
    Location
    Logan, OH
    Posts
    1,028
    Without a Concealed Handgun License in Ohio, you must have your handgun stored in a container (package, box, or case).

    The weapon must be unloaded AND any magazines or speedloaders anywhere in the car must be unloaded.

    The handgun, ammo and magazines/speedloaders can all be kept in the same container. This makes it legal to keep everything in a single "range bag".
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  8. #8
    Regular Member
    Join Date
    Apr 2012
    Location
    Ohio
    Posts
    26

    Hopefully changes afoot

    There is a House Bill 495 in the works to change the carry in the car. I don't think it addresses open carry requirements though.

    This is link I found on a quick google. http://www.nraila.org/legislation/st...r-support.aspx

    I wrote to my stae reps, and they seem to support it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •