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Thread: OFCC Considering The Removal of a CCW Requirement in an Automobile

  1. #1
    Regular Member Makarov's Avatar
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    Wink OFCC Considering The Removal of a CCW License to Open Carry in an Automobile

    I went the the OFCC picnic last week and heard about the latest and greatest of upcoming legistlation. Because of Canton feasco, legistlation will be intoduced in the fall to remove the notification requirement in the CCW law. I spoke to the the speaker at the time promoting this legistalation, and asked if he could put a provision removing the CCW requirement to open carry in a vehicle. He thought it was a great idea. Please write to the OFCC by the link below and ask them to place this provision in the "Failure to notify" bill removing the requirement of CCW to open carry. http://www.ohioccw.org/index.php?opt...name=contactus
    Last edited by Makarov; 08-08-2011 at 09:59 PM.

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    Accomplished Advocate BB62's Avatar
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    "...I spoke to the the speaker at the time promoting this legistalation, and asked if he could put a provision removing the CCW requirement to open carry in a vehicle..."

    Two things, 1) your title is not accurate, and 2) you're a little bit behind the times re: car carry.

    First, the title says OFCC is seeking "removal of a CCW license to open carry in an automobile". This is unclear and inaccurate. OFCC is seeking to do away with the notification portion to LEO's related to carrying in an automobile, not to change the requirement to have a CHL in order to legally carry a loaded pistol in a vehicle.

    Second, Ohio law does not currently require a CHL holder to open carry in an automobile - that was changed two years ago or so: http://www.ohioattorneygeneral.gov/g...s-Booklet.aspx See page 14.
    Last edited by BB62; 08-09-2011 at 01:08 PM.

  3. #3
    Regular Member Makarov's Avatar
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    Title could be better but you are incorrect.

    You cannot open carry a fire arm in a car unless you have a CCW license. Your link is an obscure reference to open carry in general. It could be challenged that open carry is protection because there is not law against it. However, the CCW law specifies car carry referencing gun carry. That would be the governing document.

    Without a CCW requires the weapon to be unloaded, ammunition separated and boxed, on in the Mag, or speed loader. All must be accessible by leaving your seat, like storing in a trunk, back seat of a pickup truck.

    Please note: 2923.12 Carrying concealed weapons

    (C)(1) This section does not apply to any of the following:

    (C)(1)(c) "A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of section 2923.11 of the Revised Code, in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person"

    Effective Date: 04-08-2004; 03-14-2007; 2008 SB184 09-09-2008

    When the firearm is on the actors person, the CCW Law kicks in. To counteract this provision. I talked to the spokesman about placement of this verbiage ("Open Carry is allowed without a permit in an automobile") in the new notification bill. The OFCC spokesman is considering this but I’m only one person who suggested this. If more people contact the OFCC, then he will remember my conversation with him and also see the support for this issue. This way the law is clear and defined.
    Last edited by Makarov; 08-10-2011 at 12:26 PM.

  4. #4
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Makarov View Post
    ...You cannot open carry a fire arm in a car unless you have a CCW license...
    More accurately, you cannot transport (not open carry) a loaded HANDGUN in a car unless you have a CHL, and once you have a CHL, you have to transport your loaded handgun in specific ways (at least until Sept 30, 2011).


    Quote Originally Posted by Makarov View Post
    ...Your link is an obscure reference to open carry in general...
    An obscure reference to OPEN CARRY? ROFL!! Not quite. My link (and the page number I identified), take you the to portion of the AG's booklet that references loaded handgun car carry for CHL licensees. Evidently you didn't bother to read it.

    "It could be challenged that open carry is protection because there is not law against it." Protection against what? "However, the CCW law specifies car carry referencing gun carry. That would be the governing document." Yeah, so?

    Quote Originally Posted by Makarov View Post
    ...I talked to the spokesman about placement of this verbiage ("Open Carry is allowed without a permit in an automobile") in the new notification bill...
    The better way to achieve what (I think) you want is to have the law be silent on car carry of loaded handguns. Why specify that open carry should be the only acceptable way?


    Your posts are unnecessarily complex and illogical, and in addition you don't read on-point responses. Good luck getting constitutional car carry - which is what we really need, car or not.
    Last edited by BB62; 08-13-2011 at 08:52 AM.

  5. #5
    Regular Member Makarov's Avatar
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    The new law coming into effect 30 Sep, SB 17 , removes the way a loaded handgun can be carried if you have a ccw License. Maybe you should research that? According to the lawyers at OFCC my information is correct. I suggest you peer review your information.

    http://ohioccw.org/files/SB17-educational-letter-v4.pdf

    I aggree that we should have the Constitutional carry but for now I want to see the verbage in the law. That way there is no questions.

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