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  1. #1
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    1. Does anyone know under the current law in Ohio if there is any regulation/limitation on the transportation of ammunition in a vehicle? I can't find any current ORC reference. I'm currently transporting my pistols in a case (long guns openly)and either throwing the ammo in the glove box or carrying loaded magazines on my person. This would violate the old arms-length loading rule, but there doesn't appear to be any requirement to move it either in an external compartment or in a locked container (in any case separate from the guns) any more, so I'm not sure if this is strictly OK or not, as long as the guns are unloaded (I don't have a carry permit).

    2. Also, I am awaiting some final word from the City of Hamilton Law Department concerning the still-current localrequirement for registration of gun purchases from dealers. I believe that we are the only dealership in town, so we're the only ones affected to my knowledge, but as I understand the preemption law, the city can't require tracking of sales information (purchasers identity and weapon information), and it is, in fact, illegal for us to still be doing this. As it stands, I either have to violate HB 347 or City Ordinanace 733 every time I sell a gun. I'vesubmitted a request for information from thepolice and the city Law Department, and am awaiting a resolution.

    The police have defended the practice of registration as being for the purpose of facilitating investigation of gun theft complaints and not fortracking purchasers or weapons as such - but who can say to what ends such information might be used? The city isn't challenging the new law, a la Cleveland, but have maintained the requirement by default pending a final policy statement from the city attorney, who has not ruled asyet.

    Will apprise.

    -ljp

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    Regular Member reefteach's Avatar
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    1. http://www.buckeyefirearms.org/article3646.html
    and I am supremely confident of this assertion: Under current Ohio law, there is no lawful way to transport an unloaded handgun in a motor vehicle. I challenge to a public debate any attorney or other quasi-authority who states otherwise.


    Until the Senate is willing to step up and fix this known problem, the reader is urged to transport their firearms in accordance with Federal law, which preempts state law.

    1. 18 USC 926A
      Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    2. Stop the local firearms paperwork. Unenforceable.

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    Whereas the Ohio statutes ought to be clearer, I respectfully disagree with Mr. Hanson's interpretation. Per ORC 2923.16, I can indeed transport an unloaded handgun in my car, within the limits of that section (also, federal law requires that state and local laws be observed as well, and doesn't automatically render them moot). The various Ohio police agencies that I've had dealings with likewise recognize that handguns can be so transported. Without debating that point further, however, I was more concerned with the specific question of ammunition, which is not directly addressed in the current law. In the absence of any complaints from the cops, I guess I'll keep doing what I have been doing with their acquiescence, if not formal imprimatur.

    As for the reporting "requirement," I would prefer not to adopt a possibly prematurely adversarial role with respect to the city law department. My hope is that they will see reason and realize that this ordinance is now moot and will agree to drop it without litigation. No sense picking a fight with someone who may actually be in agreement, given an opportunity to consider the matter.

    -ljp

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    When I carry arifle in the truck i always puth theammo in the bed, that way I can alwasys tell the officer there is absolutely no ammo in the cab and that all the ohio law says is you can't be able to get to both without exiting the vehicle. I am sure there are ways to carry the ammo in the cab with the gun but I like to play it real safe, especially with the Highway Patrol I hear than can be real @ss'es

  5. #5
    Regular Member reefteach's Avatar
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    I agree that if the firearms itself is stored according to ORC, then ammo can go anywhere because there is nothing in the ORC regarding ammo storage. interesting article though huh?


    federal law requires that state and local laws be observed as well, and doesn't automatically render them moot
    Actually this says otherwise:

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof........
    It can be read also as: "In spite of any other provision of any law or any rule or regulation........"



    I'm looking forward to seeing the response from about the 733. OFCC would LOVE to get into the courts if they tried to uphold it. They actually submitted a motion in court to be declared the defendent(along with the NRA) in the Cleveland preemtion lawsuit. "Sue me, Not the state."lol


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