MountainDEWDjv
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The way I read the law, that would be acceptable - IANAL, etc.since they consider a mag pouch to be a valid container for your loaded mags do you think they would consider a good holster to be a valid holder for your pistol provided it is in plain sight?
There is nothing in the law that I am aware of that would require you to notify an officer that you have an unloaded pistol on your person.if they do, would I have to inform the officer that I have a pistol on my person ... or is that a dumb question considering it will be in plain sight?
There is nothing in the law that I am aware of that would require you to notify an officer that you have an unloaded pistol in your car, whether or not you have a CHL.If I have my pistol in the car and I am legally transporting it am I required to notify a law officer that I have a firearm, much like a CHL carrier does?
It is my understanding reading HB-12 as passed is that it is illegal in Ohio to have a loaded handgun in a vehicle w/o a permit, no "stored" in your holster on your hip is not properly stored - doesn't fit the box or container as defined/intended.
It does appear that the handgun may be in plain sight if unloaded and the action open.
Ammunition in a mag carrier does not seem to be covered in this circumstance.
so if the mag holder completely encloses the mag and has a fastener of some kind, then it would appear to satisfy this provision.(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:
(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents
Do NOT carry your firearm in a holster if you do not have a CHL!! The key is that the container has to CLOSE.
Note that the "closed package, box, or case" requirement is a separate method than the "in plain sight and secured in a rack or holder made for the purpose" requirement. One may choose either but is not required to satisfy more than one of the 3 methods.(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;
clearly the law is talking about the typical rack or holder that might be mounted in a vehicle (usually a pickup) for hunting firearms. Holsters are surely NOT what was meant by this law. However, if anyone wants to press the issue, they should take the chance with their own freedom, not advocate behaviors that would likely cost the freedom of others.
Though Eye95 has 'moved on', I do have a question for him.
How do you convert to carry in a closed container in the car to your person when, during, after exiting the vehicle, or whatever 'method' you select.
I would think that getting out of the car, opening the case on the seat would immediately run afoul of the law, before you even put it on your hip. If you take the case out of the car, now you (appears to me) are 'concealing', even if for a short time. Also, you could run afoul of 'brandishing' allegations if you are handling a firearm in the process of going from case to holster.
This is for a person without a CHL and is open carrying. According to, or pursuant to ORC 9.68, Ohio is an OC state.
Thanks eye95. That's a mess. it's probably not going to be challenged, but technically when you remove the case, close the door, you're 'concealing' inside the case, but who knows.
Sorry you have to go through this silly routine. Thanks for the run-down.
...I would think that getting out of the car, opening the case on the seat would immediately run afoul of the law, before you even put it on your hip. If you take the case out of the car, now you (appears to me) are 'concealing', even if for a short time. Also, you could run afoul of 'brandishing' allegations if you are handling a firearm in the process of going from case to holster.This is for a person without a CHL and is open carrying. According to, or pursuant to ORC 9.68, Ohio is an OC state.
R.C. 2941.145 is not a stand-alone offense. It is a specification that is attached to an underlying felony offense which enhances the penalty by adding a period of three years mandatory prison time to the sentence for the underlying felony. That specification does not apply to the offenses of Carrying Concealed Weapons or Improperly Handling Firearms in a Motor Vehicle.^^ Note I said 'allegations of brandishing'.
http://codes.ohio.gov/orc/2941.145
It appears, though IANAL, that they do talk about it.