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Thread: Why can't I have an unloaded revolver in my car without a permit?

  1. #1
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    Why can't I have an unloaded revolver in my car without a permit?

    The map shown on OCDO says no firearms in the car without a license. According to Ohio state statutes:

    “Firearm” and “handgun” have the same meanings as in section 2923.11 of the Revised Code.

    (2) “Unloaded” has the same meaning as in section 2923.16 of the Revised Code.

    (B) No person shall knowingly discharge a firearm while in or on a vessel.

    (C) No person shall knowingly transport or have a loaded firearm in a vessel in 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.


    Here is the Ohio definition of "unloaded":

    (5) “Unloaded” means any of the following:

    (a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question. For the purposes of division (K)(5)(a) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.

    (b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.



    So basically no handguns with magazines or speedloaders...so by their own definitions an unloaded revolver and a ziplock bag of 5-6 rounds and no speedloaders whatsoever in a box with a lid constitutes as legal? Please cite statutes or case law. I'm planning on traveling from Florida to Ohio for the summer, so I'd really like to know.

    Jake8x7

  2. #2
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    I don't mean to double post spam, but I'd like to tackle this section separately.

    What on earth does the following section mean?

    (E)(1) The affirmative defenses authorized in divisions (D)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (C) or (D) of this section that involves a firearm other than a handgun. It is an affirmative defense to a charge under division (C) or (D) of this section of transporting or having a firearm of any type, including a handgun, in a vessel that the actor transported or had the firearm in the vessel for any lawful purpose and while the vessel was on the actor’s own property, provided that this affirmative defense is not available unless the actor, prior to arriving at the vessel on the actor’s own property, did not transport or possess the firearm in the vessel or in a motor vehicle in a manner prohibited by this section or division (B) or (C) of section 2923.16 of the Revised Code while the vessel was being operated on a waterway that was not on the actor’s own property or while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.

    (2) No person who is charged with a violation of division (C) or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code as a condition for the dismissal of the charge.

    (F) Divisions (B), (C), and (D) of this section do not apply to the possession or discharge of a United States coast guard approved signaling device required to be carried aboard a vessel under section 1547.251 of the Revised Code when the signaling device is possessed or used for the purpose of giving a visual distress signal. No person shall knowingly transport or possess any signaling device of that nature in or on a vessel in a loaded condition at any time other than immediately prior to the discharge of the signaling device for the purpose of giving a visual distress signal.

  3. #3
    Activist Member N605TW's Avatar
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    Opencarry.org is a great website but should be used as a guild when it comes to laws. As good as the information on the site is, it is not the law. The page you are referring to says "Firearms may be openly carried in cars only with a permit/license." I think this is an accurate statement because if you are complying with Ohio law (no permit/licence/permission slip) you are transporting or in possession of a firearm not carrying it.

    If you do not have a permit/licence/permission slip that Ohio recognizes you are limited on how you can be in possession of a firearm while in a vehicle.

    If you don't have a permit/licence/permission slip your firearm must be in a closed package, box, or case or in a compartment that can be reached only by leaving the vehicle or in plain sight and secured in a rack or holder made for the purpose. And the firearm must be unloaded.

    Ohio defines unloaded as no ammunition is in the firearm, no ammunition in a magazine or speed loader regardless where the magazine, speed loader and firearm is.

    ORC 2923.16 spells out the rules. http://codes.ohio.gov/orc/2923.16

    edited because I didn't fully answer your question the first time I posted.
    Last edited by N605TW; 12-18-2011 at 06:09 AM.

  4. #4
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    The map shown on OCDO says no firearms in the car without a license.
    Instead of "no firearms" it should say "no loaded handguns" in a car without a license.

    Why can't I have an unloaded revolver in my car without a permit?
    You can. But your definition of "unloaded" and my definition of "unloaded" don't matter, only the State's definition matters. As long as you follow that definition and follow the car transport rules mentioned in the law, you can have an unloaded revolver in your car.

  5. #5
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    Yes we can make our travelers' map and the state pages a little more clear on this by specifying that we are talking about **loaded handguns**, thanks.

  6. #6
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    Thank you for the responses! I guess all I need is more clarification. From what I read from the statute it appears that any magazines/speedloaders in the vehicle (either loaded or unloaded, doesn't matter) make a handgun "loaded" according to state statute. The main point of my questions are that from the way I see it a semi auto, such as a Beretta 92FS, would be considered "Ohio loaded" if there is a matching magazine (regardless of ammunition in the magazine) ANYWHERE in the vehicle. An unloaded glock in a suitcase and an unloaded magazine in a purse in the glovebox would be considered "ohio loaded"? The point I'm trying to make is a revolver is the only handgun that's realistically functional that doesn't have to use a speedloader/magazine.

    Am I totally reading this the wrong way? Does the statute mean no loaded magazines or no magazines period?

    This is the only viable option for an 18-20 year old to OC a handgun in Ohio without a permit (granted they'd have to be out of state residents that have the ability to purchase/receive a handgun under 21, as Ohio State statute reflects the National "FFL age requirements" in both FFL and private sales in Ohio).


    You may be asking, "Who on earth really cares about such a small loop hole/age group"? This actually directly affects me, as I'm 19, no permit, and planning on driving from Florida to Ohio for the summer. I understand that these sort of things aren't really important in the hearts and minds of very many people, but I'd like to get as many second opinions as I can.


    Jake8x7
    Last edited by Jake8x7; 12-25-2011 at 02:17 AM.

  7. #7
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    Reread the definition of "unloaded" that you have in your first posting. It says right there:

    No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader
    See the part where it says "no ammunition is loaded into a magazine or speed loader"? If the magazine or speedloader has no ammo in it, the gun is not considered "loaded", it is "unloaded".

  8. #8
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    Quote Originally Posted by RT48 View Post
    Reread the definition of "unloaded" that you have in your first posting. It says right there:



    See the part where it says "no ammunition is loaded into a magazine or speed loader"? If the magazine or speedloader has no ammo in it, the gun is not considered "loaded", it is "unloaded".
    Pardon my ignorance...I misread. I guess its good to point out that loading a semi auto magazine takes much longer than loading a revolver cylinder

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