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Thread: open carry,no permit, non-resident of OH.

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    open carry,no permit, non-resident of OH.

    hi all,could some one please clarify to me the law in OH. on open carry I do not live in OH I do not have a permit from my home state but I still would like to open carry in OH. I have done some research on this subject but I'm a bit confused, for example :"Open Carry. Ohio’s concealed carry laws do not regulate “open” carry of firearms. If you openly carry, use caution. The open carry of firearms is a legal activity in Ohio."

    Open Carry is your natural right in Ohio, but there are a few limitations if you do not have a valid CHL (Concealed Handgun License). Remember that NOTHING prevents you from getting a CHL and still open carrying! When you get your license, it is YOUR CHOICE if you carry open or concealed!

    You cannot have a loaded handgun in your vehicle without a valid CHL and you can never carry your long guns loaded in a vehicle. For information and laws regarding transporting your firearm in Ohio, please

    Open Carry is legal but you must have a valid permit/license to carry to carry a handgun in a vehicle. Places as listed in the “Places Off Limits” above apply to those who open carry. When open carrying, be prepared for Police Officers to question you as open carrying firearm gets their attention. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle.

    in this last section is say's (Open Carry is legal but you must have a valid permit/license to carry to carry a handgun in a vehicle.)
    then further on I've read that to carry in a vehicle without a permit it would need to be unloaded locked incased.
    so I think it's ok if I stop for fuel or to relive my self it would be ok for me to load my firearms place it in my OWB holster and proceed to fuel my truck or relive my self at a rest area. (with out a permit) so I figure while on foot ither getting fuel or rest area it would be ok for me to open carry without a permit?
    also while I travel through OH if my firarm is lock unloaded and incased and not readily accesable and stoped by LEO would I stil need to informe the officer?

    further more:Sec. 9.68. (A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person," without further license", permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
    Last edited by chocofan; 05-22-2014 at 07:22 AM.

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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by chocofan View Post
    in this last section is say's (Open Carry is legal but you must have a valid permit/license to carry to carry a handgun in a vehicle.)
    Close - you must have a valid license to carry a loaded handgun in a vehicle.

    Quote Originally Posted by chocofan View Post
    then further on I've read that to carry in a vehicle without a permit it would need to be unloaded locked incased.
    so I think it's ok if I stop for fuel or to relive my self it would be ok for me to load my firearms place it in my OWB holster and proceed to fuel my truck or relive my self at a rest area. (with out a permit) so I figure while on foot ither getting fuel or rest area it would be ok for me to open carry without a permit?
    Correct. As soon as you exit the vehicle you can re-arm yourself, and you must disarm before re-entering the vehicle.

    Quote Originally Posted by chocofan View Post
    also while I travel through OH if my firarm is lock unloaded and incased and not readily accesable and stoped by LEO would I stil need to informe the officer?
    No. You only need to inform if you have a valid license and have a loaded handgun in the vehicle.
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    What JustaShooter said. Point for point correct.

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    ok thanks. as I've read while in the vehicle even though my fire arm would be locked and incased there should not be any ammo in the magazine? this would be a bit troublesome having to load and unload a magazine every time I stop.
    but I think to my self there would be no need for an LEO to search my vehicle unless I would give the LEO a reason to do so?

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    Quote Originally Posted by chocofan View Post
    ok thanks. as I've read while in the vehicle even though my fire arm would be locked and incased there should not be any ammo in the magazine?
    That law has been changed. You simply have to meet the definition of "unloaded". Pay particular attention to (b)(i).

    (a) "Unloaded" means

    , with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

    (i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

    (ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

    (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:

    (i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

    (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.

    (c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
    http://codes.ohio.gov/orc/2923.16

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    loading

    How do you load said handgun and then unload it and properly secure it with out "Brandishing it?" Some one might see you doing that and call the PD.

    A few weeks ago here in Pittsburgh I was at a gas station, and next to me at a diff pump, I saw a guy take his Glock out of the car and put into his waist band. No holster just in his belt gangster style. While doing so he inadvertently hit the mag release button and dropped the full clip on the ground knocking a few rounds out of the clip. He picks up the clip and starts to reload it. He then puts it back in the Glock. During this whole time the Glock was exposed in his waistband. He looks at me and smiles and goes into the store. This was at about 2:30 am. About 2 min later 5 cops showed up to talk to him. He did have a permit to carry but not one for being a dumb arse.

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Mr Birdman View Post
    How do you load said handgun and then unload it and properly secure it with out "Brandishing it?" Some one might see you doing that and call the PD.

    A few weeks ago here in Pittsburgh I was at a gas station, and next to me at a diff pump, I saw a guy take his Glock out of the car and put into his waist band. No holster just in his belt gangster style. While doing so he inadvertently hit the mag release button and dropped the full clip on the ground knocking a few rounds out of the clip. He picks up the clip and starts to reload it. He then puts it back in the Glock. During this whole time the Glock was exposed in his waistband. He looks at me and smiles and goes into the store. This was at about 2:30 am. About 2 min later 5 cops showed up to talk to him. He did have a permit to carry but not one for being a dumb arse.
    There's a lot I don't understand about your story:

    First, let's get the terminology right: It's a magazine, not a clip.

    Second, the magazine fell to the ground, which caused "a few rounds" to get knocked out? I've dropped quite a few loaded magazines onto hard surfaces (during tactical reload practice) and I've NEVER seen "a few" cartridges knocked out of a magazine, not even one. I'm not saying it couldn't happen, but it really strains my imagination to think that this happened.

    Third, he walks into the store at 2:30 a.m. and two minutes later "5 cops" show up? Who called them?
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    clip

    Clip Mag who cares the point that I was trying to make was at 2 30 in the am some dumb ass was in a gas station with a hand gun out, not in a holster, not in the belt but in his open hand. That is not the proper way to open carry. There were 3 other people getting gas at the same time and I was not the only one who saw him. I walked to the front of my car and was observing and taking cover encase something did happen. When he went into the store I left and went across the street and saw the cops coming in force.

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    Quote Originally Posted by Mr Birdman View Post
    How do you load said handgun and then unload it and properly secure it with out "Brandishing it?" Some one might see you doing that and call the PD.

    A few weeks ago here in Pittsburgh I was at a gas station, and next to me at a diff pump, I saw a guy take his Glock out of the car and put into his waist band. No holster just in his belt gangster style. While doing so he inadvertently hit the mag release button and dropped the full clip on the ground knocking a few rounds out of the clip. He picks up the clip and starts to reload it. He then puts it back in the Glock. During this whole time the Glock was exposed in his waistband. He looks at me and smiles and goes into the store. This was at about 2:30 am. About 2 min later 5 cops showed up to talk to him. He did have a permit to carry but not one for being a dumb arse.


    I do not plan on loading or unloading out side my truck, and second I drive an 18 wheeler semi and mabe the only person that might be able to see what I'm doing is another truck driver if I'm in the cab area of the truck, if I want a little more privacy I'll go to my sleeper and do the unloading there.

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    Quote Originally Posted by RT48 View Post
    That law has been changed. You simply have to meet the definition of "unloaded". Pay particular attention to (b)(i).



    http://codes.ohio.gov/orc/2923.16

    RT48 you refer to this?
    ok well this clears it up a bit for me, I would need two lock box's one for my pistol and the other for ammo/ loaded magazine,so when I go to my sleeper. being in two sepreate lock box's would make it perfectly legal for transportation in OH.
    thanks RT48

    (a) "Unloaded" means

    , with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

    (i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

    (ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.


    (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:

    (i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

    (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.


    (c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.


    (6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
    Last edited by chocofan; 05-23-2014 at 05:08 PM.

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    Quote Originally Posted by chocofan View Post
    RT48 you refer to this?
    ok well this clears it up a bit for me, I would need two lock box's one for my pistol and the other for ammo/ loaded magazine,so when I go to my sleeper. being in two sepreate lock box's would make it perfectly legal for transportation in OH.
    A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments

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    Quote Originally Posted by RT48 View Post
    A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments
    exactly two separate lock boxes,pistol in one lock box and magazine and ammo in another lock box. a locked box would be justified.
    Last edited by chocofan; 05-24-2014 at 11:56 AM.

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    Your magazines can be in a closed zip lock freezer bag, on the seat beside you, if you want
    Your gun can be in another Ziplock freezer bag on the seat beside you if you want.
    You can even put the zip lock with the magazines inside the zip lock with the gun if you want.

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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by Chuck! View Post
    Your magazines can be in a closed zip lock freezer bag, on the seat beside you, if you want
    Your gun can be in another Ziplock freezer bag on the seat beside you if you want.
    You can even put the zip lock with the magazines inside the zip lock with the gun if you want.
    That would indeed meet the letter of the law as I understand it.
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    Quote Originally Posted by Chuck! View Post
    Your magazines can be in a closed zip lock freezer bag, on the seat beside you, if you want
    Your gun can be in another Ziplock freezer bag on the seat beside you if you want.
    You can even put the zip lock with the magazines inside the zip lock with the gun if you want.
    thank's for the info chuck,ither way this would sure beat loading and unloading the mag by the end of the day I wwould have sore thumb's lol!

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    Quote Originally Posted by Mr Birdman View Post
    How do you load said handgun and then unload it and properly secure it with out "Brandishing it?" Some one might see you doing that and call the PD.
    People have called the police for such things, and in some cases the police have overreacted. They overreacted because Ohio has no "brandishing" prohibition; there is nothing unlawful about loading or unloading a firearm in public, at least not in Ohio.

    And before any of the code-searching IANALs pipe up, yes, the term "brandishing" is used in Ohio's 3-year firearm specification, but that is only an enhancement for someone who is already in possession of a firearm during the commission of a felony, and it does not constitute an independent prohibition of law.

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    Quote Originally Posted by chocofan View Post
    I do not plan on loading or unloading out side my truck, and second I drive an 18 wheeler semi and mabe the only person that might be able to see what I'm doing is another truck driver if I'm in the cab area of the truck, if I want a little more privacy I'll go to my sleeper and do the unloading there.
    Technically, that would be a violation of law. The vehicle need not be moving for a violation of R.C. 2923.16. (Improperly Handling Firearms in a Motor Vehicle) to occur. If you want to be in full compliance with the law, it would be best to load and unload outside the vehicle. As I just noted, there is no "brandishing" law in Ohio, so that is not a problem.

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    If arming/disarming at the car I stand outside and open both doors on that side to sort of shield my actions from view. If there's nary a soul around I wouldn't bother being so discrete.

    It's mostly a moot point since I have a CHL but neither do I really feel like being the subject of a MWAG call because my time means more to me than that. Well, except when part of an advocacy group someplace where the authoriies have stated they'll exceed their lawful limits to hassle "our kind". Fortunately that's largely a thing of the past in Ohio.

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    Quote Originally Posted by Werz View Post
    Technically, that would be a violation of law. The vehicle need not be moving for a violation of R.C. 2923.16. (Improperly Handling Firearms in a Motor Vehicle) to occur. If you want to be in full compliance with the law, it would be best to load and unload outside the vehicle. As I just noted, there is no "brandishing" law in Ohio, so that is not a problem.

    thank you werz, I didn't totally understand the vehicle statue, even though there might be very few to no instances that I may mount or dismount the vehicle with a sherriff nearby watching me while at a truck stop ither getting fuel or stoping for the night.

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