22-250
Regular Member
I am told by the Ohio State police you may not carry in a commercial vehicle, I cannot find this in Ohio law. Is this true?
There is no Federal law about concealed carry in a commercial vehicle.
If the driver has a permit to carry and it's recognized by the state that the driver is in, it's legal. If the driver does not have a permit that is recognized, the gun must then be transported under the rules of the Sec. 926A. Interstate transportation of firearms and/or under the laws of the state the driver is in.
You then run into a problem if you have to pick up or deliver in a state like NJ...where the state statute only allows transporting to/from very specific locations...range/repair/home...
So, are you saying that if I am traveling interstate (between states) and I don't comply with FOPA that I can be put in Federal prison?
You seem to have a misconception regarding FOPA (18 USC 926A). FOPA is a protection against restrictive state laws, such as in New York. Using New York as an example, a traveler driving from Vermont to Pennsylvania would be required to utilize FOPA to transport a handgun through New York. The traveler may very well possess a PA non-resident CCW permit, meaning they would be legal to carry their handgun concealed, on their person, during their travel in both VT and PA, except in New York. In New York, a New York permit is required to even possess the handgun. So, without FOPA there would be no legal method to transport the handgun from Vermont to PA, through New York.
FOPA, as an OPTION allows that person to unload their gun, lock the gun and ammo in the trunk, and transport it through New York. Now, they are still violating New York state law, and New York may very well prosecute them (and has prosecuted people) for illegal possession of a firearm. But, if that person appeals his case to a Federal court, the Federal court must overturn the state court's ruling and find the person not guilty because of the protection that FOPA offers.
Now, let's say a traveler is traveling from Washington state, to Montana, through Idaho. Even with no CCW permit at all, that traveler has no need to comply with FOPA. Why? Because a person can have an unloaded handgun in the passenger compartment of a vehicle, if they desire, in Washington state without any permit at all. In Idaho and Montana, they can have the gun loaded in plain sight in the passenger compartment of the vehicle. In this case, state law is LESS restrictive than FOPA, and the person can comply with the state laws on their trip, completely disregarding FOPA with no fear at all of a Federal violation and going to Federal prison.
You will notice the wording of FOPA is "a person is entitled to transport a firearm". FOPA does NOT say, "A person is REQUIRED to transport a firearm". The word is ENTITLED, which is permissive. Their is nothing prohibitive in 18 USC 926A at all. There is no Federal penalty for not complying with FOPA. The only requirement is that IF a person desires to be under the OPTIONAL protection of FOPA, they may do so by unloading the gun and separating the gun and ammo from the passengers via a locked compartment or case. THEN the PROTECTION of FOPA is OFFERED as an OPTION to state law.
The only place that you can go to Federal prision for not complying with FOPA is in Washington D.C. because D.C. is under the jurisdiction of the Federal government. Anywhere else that you choose to not utilize FOPA, that only laws that you violate will be state laws.
If we went with your theory, Rick, then any person crossing state lines with a firearm would be required to unload and lock up that firearm when doing so... which simply is not true.... regardless of if they are in a commercial or private vehicle. When traveling between states, a person has the CHOICE of complying with each state's laws as they enter that state, or complying with FOPA as they travel through a state. But there is no Federal penalty for not complying with FOPA, except for traveling through Washington D.C. without complying with D.C. laws.
except for traveling through Washington D.C. without complying with D.C. laws.
But there is no Federal penalty for not complying with FOPA, except for traveling through Washington D.C. without complying with D.C. laws.
...In Idaho and Montana, they can have the gun loaded in plain sight in the passenger compartment of the vehicle...
I didn't know that the feds issued federal CDL licenses......
And I didn't know that CDL drivers gave up their Constitutional rights when they placed their butts in the drivers seat....
Live and learn.....
Only required in commercial vehicles?????? I think not.......In any vehicle including a riding lawn mower....Ohio laws only require that you notify enforcement personnel IF you are carrying a firearm in a commercial vehicle.
What you were told by them is a bald faced lie.
Chris
How do you know he/she was bald? :lol:
Actually, Skunk said bald faced.
I'm guessing they have a rule against beards and mustaches.
Let me put it another way... The OSP is full of crap, and doesn't know what they are talking about.