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Thread: Open Carry in Ohio

  1. #1
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    I notice that in theMaps section of this web site, that the rules for open carry in a vehicle in Ohio, state that you cannot open carry unless you have a permit. I do not believe this is accurate. I believe you may open carry in a vehicle, provided that the firearm is unloaded (This means no loaded clip for that firearm, anywhere in the vehicle) as long as the firearm is in plain sight, and in a rack or holder for the firearm. Here is the link. http://codes.ohio.gov/orc/2923.16

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    That is note carrying on your person... thats transporting..

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    Maybe the OP means he is reading the law to include a holster in the definition of a "holder"? If so, then that would be like UOC on foot in California. Except, in Ohio, in a vehicle without a CHL, you cannot have loaded magazines anywhere, unlike in CA where you can have loaded mags elsewhere on your person when on foot.

    (wow, that was a complicated paragraph!)

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    JSK333 has it right.

    You must have a valid CHL in order to OC in a vehicle in Ohio. If you do not have a CHL, and you're in a vehicle, the gun cannot be loaded. This means no ammo can be in the gun, and any magazine in the vehiclethat can fit into the gun must be empty.

    Let's say you do not have your CHL, you're in a vehicle, and your holstered gun is unloaded. So far so good. Now let's say you have a magazine locked in the trunk that contains one round of ammo, and the magazine can fit into the gun. Abracadabra, the gun on your hip is now magically loaded, and you have now committed a crime. Welcome to Ohio.

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    Patriot, I was actually going even further... I'm not so sure that "holder" would include a holster, since "holster" is specifically used elsewhere in the law. Meaning, without a CHL, I don't think you could carry an unloaded handgun on your person in a holster inside a vehicle. Thoughts?

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    Yor are absolutly correct. If the definition of open carry means 'on your person', and in doing so it is not 'in plain sight', then you are in violation, due to the fact that the LEO can claim that the weapon was in fact concealed. If it is the first offense it would be a misdemeanor if it is unloaded. A felony if it is loaded. A felony if it is unloaded and it is the second occurance.

    I have read just about everything I can find on the firearms law in Ohio and I find nowhere that a holster is mentioned. I believe a person could make a strong case in court that a holster would be considered a suitable 'holder' for the weapon.

    Another interesting fact that I uncovered has to do with 'dangerous ordinance'. The Ohio law considers a dangerous ordinance as a semiauto weapon that has been made to allow for the firing of more than 31 rounds without reloading. They define that to be an 'automatic firearm'. Also the devices that may accomplish this transformation, ie the drum magazine. I do not know if this is the intent, but it sure looks like it can be interpreted that way. Another dangerous ordinance is any rifle or shotgun with an overall length of less than 26 inches. Be careful. here's the link.

    http://codes.ohio.gov/orc/2923.11

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    Fehrmann69 wrote:
    I notice that in theMaps section of this web site, that the rules for open carry in a vehicle in Ohio, state that you cannot open carry unless you have a permit. I do not believe this is accurate. I believe you may open carry in a vehicle, provided that the firearm is unloaded (This means no loaded clip for that firearm, anywhere in the vehicle) as long as the firearm is in plain sight, and in a rack or holder for the firearm. Here is the link. http://codes.ohio.gov/orc/2923.16
    Our maps track the open carrying of LOADED handguns.

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    Thanks for the clarification.

  9. #9
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    Fehrmann69 wrote:
    Another interesting fact that I uncovered has to do with 'dangerous ordinance'. The Ohio law considers a dangerous ordinance as a semiauto weapon that has been made to allow for the firing of more than 31 rounds without reloading. They define that to be an 'automatic firearm'. Also the devices that may accomplish this transformation, ie the drum magazine. I do not know if this is the intent, but it sure looks like it can be interpreted that way. Another dangerous ordinance is any rifle or shotgun with an overall length of less than 26 inches. Be careful. here's the link.

    http://codes.ohio.gov/orc/2923.11
    You are correct. It would also include 40rd AK mags. I confirmed this with my State Rep. a few years ago. He was open to filing a bill to remove the requirement, but wanted some reasons to present to other lawmakers. He said that the sway of the State AG influences whether these types of bills get support!

    He is now a State Senator (Bill Seitz). So, if any of you Ohioans also feel this law (31+ round magazines being an automatic firearm) is absured and unconstitutional, write your State Rep. and Sen. and ask them to confer with Sen. Bill Seitz about putting a bill together.

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