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Thread: Open Carry in a vehicle

  1. #1
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    Hello, Ohio OC'ers. I'm from Erie, PA and I gather from this forum that just like in PA OC'ing is perfectly legal. My question was is there any way to carry in a vehicle in OH without having a License? I know in PA we need to have a LTCF even to open carry within your vehicle. I go to ohio alot because I am close to the border and my PA LTCF is of course no good there so I was searching for some way to carry that is not a ridiculous hassel either. Thanks

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    No. CCW is a felony-4 here, so you do need a permit (either Ohio or from a state with a reciprocity agreement)to carry in a vehicle without visiting misery upon yourself. Even if it's not "concealed" as such, a firearm, particularly a handgun, cannot be "ready at hand" or it's still considered concealed for purposes of the law. They really should have included that under the "improper transport" law, since a thing can't logically be in plain view and concealed at the same time. But since when does the law have to be sensible?

    -ljp

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    So a CCW only allows one to OC/CC in a vehicle? That is what I am gathering from all this reading because I do not need a CCW to carry a weapon wherever I want to go - I can simply OC which I prefer to do anyway. The only provision Iforsee a CCW providing anyone is the right to transport a firearm be means of a motor vehicle regardless if it is "ready at hand." This "ready at hand" provision need to be repealed. At least that is my opinion.

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    No, a carry license allows concealed carry anywhere that's not prohibited. Transport in a vehicle is a particular case here though. As I understand the law at present, a license allows you to OC only in a car - I may be wrong on this - I had thought that concealed carry was prohibited in a vehicle here, even with a permit. I'll defer to a permit holder on this one, because they've changed the law since it was originally passed.

    -ljp

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    Legba wrote:
    No, a carry license allows concealed carry anywhere that's not prohibited. Transport in a vehicle is a particular case here though. As I understand the law at present, a license allows you to OC only in a car - I may be wrong on this - I had thought that concealed carry was prohibited in a vehicle here, even with a permit. I'll defer to a permit holder on this one, because they've changed the law since it was originally passed.
    The passage of HB 347 removed the "carry in plain site" (in a vehicle) requirement for licensees.

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    So you can CC while driving with a permit at last? Excellent. I knew they were considering that, but didn't know it had passed. Thanks.

    -ljp

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    Legba wrote:
    So you can CC while driving with a permit at last? Excellent. I knew they were considering that, but didn't know it had passed. Thanks.
    Taft vetoed it, but it was the first veto override in Ohio since the 70's.

    The law took effect in March.

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    Yeah, Taft was/is a weenie. Funny that our Democrat new gov is more pro-gun.

    -ljp

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    I think my question was answered.A friend of mine has a CCW and we were talking - and the only difference between not having the CCW and having it he says is that he can transport a firearm anyway he chooses, by ways of motor vehicle or not does not matter and "it" can legally be "ready at hand" because he has a CCW. Without a CCW you go to jail and your weapon/s are confiscated. If this is incorrect - post the section code with it - because I actually want to know,and I am going to look for it today after work.

  10. #10
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    Legba wrote:
    No, a carry license allows concealed carry anywhere that's not prohibited.
    Oh, and Couldn'tone simply open carry if it isn't prohibited?? I think that is what we all here prefer anyway - right?

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    Well, there's a list of places specifically excluded from the license - schools, churches (without permission), gov't buildings, etc. You can't OC in those spots either, that's what I meant.

    Your last question premise was correct - the "ready at hand" with the permit bit.

    The relevant (weapons control) section of the ORC is here (scroll down within the linked page for particulars): http://codes.ohio.gov/orc/2923

    -ljp



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    I know - I was being a smart-ass. Sorry wasn't trying to call you out. I read through a lot of /orc/2923.126 last night so I filled myself in on a lot of that. Goverment building, courthouses being the most obvious of places.

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    No worries - I'm overdosing on coffee because of the arctic blast overnight. Between that and the idiot criminals bugging metrying to buy guns, I can't think straight today. ;-/

    I can pretty much recite all of ORC sec. 2923 from memory now. Scary.

    -ljp


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    I recently read a court case decision (may have even been the Ohio Supreme Court) on this transport law.

    The one justice said he thought the law was poorly written and the only way to comply with it would be to put the unloaded handgun in plain sight, either stripped or with the action open, or secured in a gun rack. In that case, you can have loaded mags on your person. Just not in the handgun.

    But having the handgun in a case where the handgun itself is not in plain view, and having ammo on you or ready at hand, would be cause for a concealed carry violation.

    I'll see if I can find a link to the case.

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    Interesting.

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    Yeah, that was the Ohio vs. Davis decision. They said that it was less desirable to have handguns out in the open, as opposed to cased up, but it made it more compliant with the letter of the law.

    The actual text of the Ohio Supreme Court court, affirming the finding of the appellate court: http://www.sconet.state.oh.us/rod/ne...-ohio-5025.pdf

    Davis was a bad ruling in that he tried to use ORC 2923.16 as an affirmative defense - he was transporting a handgun legally under that section. They charged him with CCW, however, and they ruled that any affirmative defense arising from compliance with 2923.16 only applied to long guns. The law doesn't say that, however - it says firearms, which includes (or ought to include) handguns. Bad case law. This may well screw me in my case as well. It may be possible to revisit the subject, but if the prosecution objects because of the state supreme court ruling on this, it restricts my defense options. There's still the Ohio vs. Miller standard (quoted in the above link) about accessibility of the weapon and ammo, though, and I think that will be sufficient to clear me.

    -ljp


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