Makarov
Regular Member
Does a person require a ccw permit if they are open carrying as a passenger in the bed of a pickup truck?
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Sent from my GT-P5113 using Tapatalk
(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.
...
(5) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
(a) The person transporting or possessing the handgun is carrying a valid concealed handgun license.
(b) The person transporting or possessing the handgun is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code.
If I'm "in a motor vehicle" as soon as I hop on my motorcycle, I'm sure being inside the bed of a pickup wood be as well.
Exactly. I think there is even a section in the ORC that essentially says "in" also means "on", the singular also includes the plural (and vice versa).
How is sitting 'on' the tailgate interpreted?
Same as sitting on a motorcycle.
Assuming you mean open carrying a loaded handgun, the way I read ORC 2923.16, yes:
If you are in the bed of a pickup truck, you are still "in a motor vehicle".
You are a hillbilly in a motor vehicle lol....who rides in the bed of a pickup anymore?
The question is far out there ...