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Thread: Question about entering/exiting vehicles

  1. #1
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    Question about entering/exiting vehicles

    I am looking to start open carrying what with the two recent shootings not more than 500 feet from my apartment building (one of them I was outside working on the car when it happened right across the street), and was wondering about a law in Ohio.

    It states that you cannot open carry a firearm inside a vehicle without a CCW. I do not have a CCW, plan on getting one eventually, but do not have at the moment.

    how does one handle this conundrum? I don't want to have anyone walking by while I'm taking off/strapping on my gun and perceive it as a hostile action. Also, where do you store your weapon while driving?

  2. #2
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    Since I have my license I can't answer your main questions. I just wanted to point out that if your handgun is a semiauto, just be aware that you will have to not only have the gun empty when entering a motor vehicle, you will have to remove every round from your magazines for the gun to be "unloaded" in a legal sense. Speedloaders for revolvers also have to be empty for a revolver to be considered legally unloaded.

    It states that you cannot open carry a firearm inside a vehicle without a CCW.
    The law doesn't say you can't open carry in a vehicle without a CHL, it says you can't carry a loaded handgun in a motor vehicle without a CHL whether that handgun be open or concealed carried.

    Here are some resources for getting familiar with Ohio gun laws:

    Ohio Attorney General's Manual on Concealed Carry:

    http://www.ohioattorneygeneral.gov/C...aspx/?from=nav

    Ken Hanson's book:

    http://www.ohiogunlawguide.com/

    Sean Culley's book:

    http://www.seanculley.com/book.asp

    Ohio Revised Code:

    http://codes.ohio.gov/orc/2923
    Last edited by RT48; 04-25-2012 at 12:21 PM.

  3. #3
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    When the cops show up, simply explain that you were brandishing your weapon in order to be in accordance with ORC.

  4. #4
    Regular Member MainelyGlock's Avatar
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    I'm in Maine, but the laws are similar around carrying loaded guns In a vehicle with no CC permit. Before I got mine, I always kept my Glock on the passenger seat with the slide open and a magazine right next to it. This way, if I needed to, I could access both and load it quickly, while still following the laws. Having a concealed carry permit certainly does make it easier though.


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  5. #5
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    Unfortunately this is the one sticking point that eventually forces most people to get a CHL. The vehicle carry rules coupled with Ohio's insane definition of "loaded" make being an unlicensed open carrier with a car difficult. Your only real option is to look for rather private places to park, and do your loading and unloading standing outside the vehicle.

    I remember another thread, lost somewhere on another board where there was a big discussion about what "operating" a vehicle meant. The general consensus was that you are considered to be operating the vehicle even if you were inside it with the keys on the seat.

    Basically, if you intend to OC with no CHL to back it up and drive a car, there will be a small magical moment every time you enter or exit your car and you will be violating the law unless you do your loading and unloading outside of the car.
    The mags and/or speedloaders have to be empty too before you get inside. It's crazy. There is an effort to try to redefine "loaded" going on now to make it more sane but that will not help you now. I would try to get a CHL ASAP to give you some added legal standing as well. Just because OC is perfectly legal doesn't mean the police are up to speed on it. There are many threads pertaining to the fact that the police are misinformed, outright ignorant, or willingly trying to violate your right to OC. A lot of your OC experience will depend greatly on where you are, and the attitude of the local police.

    This has been an uphill battle, and it has cost some people who wish to OC time and money. You have to become an expert on this and be able to come up with ORC references. You must be able to make your case right there on the street but do so in a firm, but non-threatening manner. Standing up for your rights can be a hard sell in a society that places little value on them for the most part, and is willing to hand their safety over to the government.

    Chris

  6. #6
    Regular Member MyWifeSaidYes's Avatar
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    My personal 10-step plan for OC in Ohio without a CHL:

    Step 1 - Have an unloaded firearm.
    This means also unloading any magazine or speedloader for that weapon that you will be transporting.

    Step 2 - Place unloaded firearm in a package, box or case.
    A plastic case like many handguns come with should be fine.

    Step 3 - Place at least enough ammo in your vehicle to load your firearm and any extra magazines or speedloaders you will be carrying. DO NOT place ANY ammo in ANY magazine or speedloader. They can sit side-by-side.

    Step 4 - Drive to your destination

    Step 5 - Once parked, exit vehicle and retrieve case, ammo, magazines and/or speedloaders.

    Step 6 - Put on your holster if you are not already wearing it.

    At this point, you will have to decide where you want to load your firearm.
    **Do not get back into your car to load your weapon.**
    I would choose to stay at, but outside of, my car (the back gate of an SUV). If and when someone gets upset BECAUSE THEY SEE ME DOING SOMETHING PERFECTLY LEGAL, that's their problem.

    Step 7 - Load and holster weapon. Load any extra magazines and speedloaders you will carry.
    A magazine loader reduces the time needed for this step.

    Step 8 - Return case to car, if necessary.

    Step 9 - Carry on!

    Step 10 - Repeat as necessary
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  7. #7
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    Quote Originally Posted by MyWifeSaidYes View Post
    ...
    Step 3 - Place at least enough ammo in your vehicle to load your firearm and any extra magazines or speedloaders you will be carrying. DO NOT place ANY ammo in ANY magazine or speedloader. They can sit side-by-side....
    I thought I remembered reading (could be wrong), that the magazine / speedloaders can be loaded, but must be separated from the firearm in such a way that you cannot access both from inside the vehicle?

    I hope I'm right, anyways, as I've been locking my firearm in the trunk (can't access it from inside the vehicle) and the loaded magazines in my glovebox.

    But then again I've been scouring this website for days now..I may be confused with all of the new information I've absorbed!

    I know you stated that was YOUR "personal" process, but I want clarification that you're only doing it to be extra cautious..

    Thanks!

  8. #8
    Activist Member N605TW's Avatar
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    Quote Originally Posted by Hareuhal View Post
    I thought I remembered reading (could be wrong), that the magazine / speedloaders can be loaded, but must be separated from the firearm in such a way that you cannot access both from inside the vehicle?...
    In the state of Ohio a firearm is considered loaded if there is any ammunition in the firearm, in a magazine, in a speed loader. You can break your gun down, place each piece in its own safe and if there is one round in a magazine or speed loader your firearm is considered loaded by the state of Ohio.

    If you do not have a CHL or a permission slip that Ohio honors you must unload your firearm AND all magazines / speed loaders.

  9. #9
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    Quote Originally Posted by N605TW View Post
    In the state of Ohio a firearm is considered loaded if there is any ammunition in the firearm, in a magazine, in a speed loader. You can break your gun down, place each piece in its own safe and if there is one round in a magazine or speed loader your firearm is considered loaded by the state of Ohio.

    If you do not have a CHL or a permission slip that Ohio honors you must unload your firearm AND all magazines / speed loaders.

    Well, I'm glad I asked! Guess I was wrong.

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