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Thread: unloaded in plain sight with action open?

  1. #1
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    (C) No person shall knowingly transport or have a loaded firearm in a vessel in such a manner that the firearm is accessible to the operator or any passenger.

    (D) No person shall knowingly transport or have a firearm in a vessel unless it is unloaded and is carried in one of the following ways:

    (1) In a closed package, box, or case;

    (2) In plain sight with the action opened or the weapon stripped
    , or, if the firearm is of a type on which the action will not stay open or that cannot easily be stripped, in plain sight.

    Is this still part of the law, is it a castle doctrine law, has this changed.

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    Castle Doctrine has nothing to do with firearms. It would apply just as much if I conked a burglar over the head with a cast iron frying pan.

  3. #3
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    SB 184revised ORC ยง 2923.16; that option now applies only to long guns. I suggest reading the current law.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  4. #4
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    This change was part of our "progress" in gun rights in Ohio according to some groups. Now it's even harder to carry firearms under our State Constitution's RKBA clause.

    Before, without any license needed,you could have an unloaded handgun on the seat next to you in plain sight, with the slide locked back, and a loaded magazine on your person. That would make self-defense pretty easy.

    Now, it has to be in a rack or holder (could this possibly include a holster in plain sight?), but no corresponding magazines in the vehicle can be loaded or else the firearm becomes magically "loaded" in the law's eyes. Yes, even if the mag is not in the handgun, the handgun is still considered loaded no matter where the mag is (even in the trunk!!).

    I recommend you write your State Rep. and Sen. and ask them to reverse this unconstitutional progress of the law, as well as write the firearm rights organizations in Ohio like BFA, OFCC, OGRC, etc., and ask them to work toward the same.

    Imagine a normal person getting ready to go to an outdoor range, loading up their rifle mags ahead of time to save time at the range... not knowing that they are committing a felony by having loaded mags in their trunk, separate from the rifle. Ridiculous!

  5. #5
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    Ohh so that part of the law was taken out,I got that off the NRA sight as part of ORC ok I recheck my stock pile of laws I keep in an online notebook.

    I think most states were like that a couple of years ago and I think that is a fair and understandable rule to keep the guns action open with a loaded mag next to it,its keep the officer safe and you.I saw this elephant gun hand cannon and I think I might rock that thing,you only need one bullet hehehe:celebrate.

    Some people have suggested that you can have an unloaded gun in a box on ur lap or in the front cabin with the ammo in the back seat as to imply is not accessable.

    What really erks me is that placment of ammo isnt specfic,so no matter how much you wanna follow the law Johnny be good Lawson of the bros,could possibly pop you for unlawful transport.

  6. #6
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    The ammo itself is fine anywhere, it's when it's in a magazine for a firearm in the same vehicle. If the mag is loaded, then the firearm is considered loaded, even if the mag is elsewhere in the vehicle.

    If you have just the ammo in boxes somewhere, and the mags are empty, you should be fine provided the other restrictions on the firearm are followed (plain sight in holder, in case, etc.).

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    JSK333 wrote:
    Before, without any license needed,you could have an unloaded handgun on the seat next to you in plain sight, with the slide locked back, and a loaded magazine on your person. That would make self-defense pretty easy.
    Used to make going to jail easy too. I was run in for less. The old ban on having hardware "ready at hand" was really lousy in its vagueness. In any case, under the new legal standard, you just need to have the gun and mags unloaded, unless you have a carry permit.

    -ljp

  8. #8
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    Well if HB129 passes, then there will no longer be a need for a permit, we will have alaska style ccw.

  9. #9
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    So then would this bill infringe on your RKBA because it would make have to get the 12 hours of training to even own a gun?
    Or is this bill just to satisfy the law to make so everyone will be encompased as not to break any CC laws I.E in the car bearing?

  10. #10
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    I don't see anything about any training requirement in this bill. Did Imiss something?

    -ljp

  11. #11
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    to remove the requirements that a concealed carry licensee must be carrying the license in order to carry a concealed handgun, must inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun, and must submit a new or renewed competency certification when renewing the license;

    Ok I was misunderstood I thought this passage said you had to submit a competency cert but this is actually quashing that ok I stand corrected.

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