define "in a motor vehicle"

imported post

A while back i was talking to a professional ground hog hunter and he was telling me how he has his pickup's bed setup as a mobile ground hog hunting nest, he was a tripod mount, tv radio, shelter and he hunts from the bed of the truck. I told him that i thought you couldn't shoot from in a vehicle unless you owned the land. He said the the truck bed is not considered "in the vehicle" he said it is considered "on the vehicle" just as shooting from the gun rested over the hood etc.

Recently with the deer gun season in full swing this week i have noticed a lot of hunters riding in the bed of the trucks with their rifles. This started to get me thinking, does the motor vehicle carry law "2923.16" not apply to outside of the truck's cabin? Is it legal to carry this way by riding in the bed and not in the cab? Have there been any courtcases about this?

There must be a distinction between in and on the vehicle because the first line of 2923.16 section A mentions the two methods.



2923.16 Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(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 it is unloaded and 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) 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.

imported post

Illegal, unless, as you pointed out, he's on his own land (or land held in tenancy, or land owned or held by parents, etc). That's explained further down in that statute, and even then it depends on the game you are shooting. It's pretty much limited to coyotes and nuisance animals even then, and not during deer season in any case, blah, blah.

-ljp

imported post

While operated on a public road or highway.........................on private property the law doesn't apply..........:celebrate

imported post

well i'm not to interested in the hunting matter, what i want to know is it illegal if people are riding in the bed of a truck with loaded guns?

imported post

Even if a long gun is unloaded with the action open and the ammo is not "ready at hand," it's still supposed to be in plain view or encased. In one's hands is not really in the spirit of the law, but you might get away with it if you were otherwise compliant.

-ljp