Ohio Rules for transport

[Edheler]

I know I asked this question of MeanStreaker when he was in Beaver Falls last year but I would appreciate a refresher. As a Pennsylvania native, I plan on attending the New Philadelpha Appleseed shoot on April 17, 2010. Probably more than that, but it is a start. I need the flyer for the I-79 corridor, which has been mentioned, so I can help build up PA, but given where I live, I hope to be an asset to the tri-valley area of PA, WV and OH. What do I need to know to legally transport my firearms through Ohio while I am in route. I drive a Jeep Grand Cherokee SUV with no means of creating a legal "trunk" separated from the driving compartment. I have read the NRA pages on the matter, but they have left me confused.

It would be nice if my PA CCA was valid in Ohio, but I understand why it isn't from a practical and realistic standpoint.

Thanks,

Edheler

[Edheler]

I should mention I have already checked with a friend what the requirements are while I travel through West Virginia during my trip. I did not notice any excessively constricted firearms rules for that part of the journey.

Ed

[MeanStreaker]

We're looking forward to having you!

I'd like to preface this by stating that I am not a lawyer and what I'm about to say should not be taken as legal advice.  While I am very involved in researching Ohio firearm law (and improving them through various mechanisms), everyone should research for themselves by reading the Ohio Revised Code which can be found here:  http://codes.ohio.gov/orc

With that being said...

In regards to transporting firearms in Ohio, this is the relevant section of Ohio code:

ORC 2923.16

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

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

(2) In a compartment that can be reached only by leaving the vehicle;

(3) In plain sight and secured in a rack or holder made for the purpose;

(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

Note that weird part in (4) above talking about lengths which was basically a misunderstanding on behalf of our legislators that became law.  If you are transporting something with a barrel less than 18" (like an AR15 with 16" barrel), (4) does not apply and it must be in a case, rack, or other compartment of the vehicle...

Now we get to the tricky part.  This is not in the ORC, but due to court case law from some years ago, you can not transport a "loaded" firearm which was defined by the courts as a firearm that has ammunition "ready at hand".  What that basically means is that you can not have any loaded magazines whatsoever near the firearm.  Having a loaded magazine in the same compartment as a rifle makes it "loaded" in regards to "ready at hand" and that's carrying a concealed weapon.  Make sure you unload all magazines, or, by the letter of the law, lock loaded magazines in a separate compartment from the firearm.  Maybe that's your locked glovebox separate from your trunk.  Keep in mind many vehicles have a pass-through through the back seat so even though you think your trunk is a "separate" compartment, some letter of the law cop might disagree with you if you can get to the trunk from inside the car.

Due to the efforts of Ohioans For Concealed Carry, we very recently had a slight change to this where the law allows for loaded "clips" (like Garand clips or stripper clips) to be transported legally, but this is different from "magazines".  They call this the "Camp Perry exception", since so many folks travel to those matches with loaded Garand clips.

Basically, what this boils down to is to keep your rifles in one case and your ammo in a separate case in your trunk and you'll be good to go.  Don't have any loaded magazines.


If you want to talk about handguns specifically, Ohio is an "Open Carry State" because there is no state law prohibiting Open Carry.  This means so long as state or federal law does not prohibit carry, like a school, private business that posts a "No Guns" sign, or someplace that serves alcohol for consumption, you can carry a loaded handgun openly without a license.  Concealed Carry requires a valid Concealed Carry license.  

In a vehicle, there is no such thing as Open Carry because due to court case law, a vehicle "conceals" the handgun.    So the only way to carry a loaded handgun in a vehicle in Ohio is with a Concealed Carry License and in one of three ways:

1) In a holster "on your person" (not on the seat next to you, not hooked to the seat belt, etc.)

2) In a case that has some kind of a closing mechanism (zipper, latch, snap, etc.)  If that case is unlocked it must be in plain sight.  If you want to put that case out of plain sight it must be locked.

3) In a glovebox or center console.


If you don't have a Concealed Carry License that Ohio recognizes, you have to transport it unloaded in the way I talked about in the beginning of this post.

Hope this helps.

For specific questions, feel free to ask, or check out the experts and friendly folks at the Ohioans For Concealed Carry Forums:  www.OhioCCWForums.org

[slim]

Thanks for posting that, MeanStreaker. That was the most "simple and precise" version of our convoluted gun laws I've seen yet. I can't wait til you boys at OFCC get it all squared away and it says,"             ".

Yep, intentionally left blank for a reason. 

Keep up the good work! 

[MeanStreaker]

I hear ya slim.  Someday with the help of Appleseed all gun laws will say:

See Amendment 2 of US Constitution.

Fin.


I forgot to mention in the above answer that Ohio passed a statewide preemption law in 2007 in regards to the ownership, use, transport, and carry of firearms.  Everything but business zoning laws.  This means that there is one uniform set of firearm laws and that's set only at the state and federal level.  So any podunk burg that happens to have a law stricter than state law is null and void.  You don't have to worry anymore about driving through tiny towns while on the highway and unknowingly breaking their laws.

This has been challenged and was upheld with a pro-gun decision from the OH Supreme Court.

[slim]

Agh... the local laws....  

Since I live inside "occupied territory" and Cincinnati Municipal Code is still on the books, I do my best to be discrete when loading/unloading long cases from my vehicles into my home. I know the law is on my side (sort of) but since I don't have a legal defense fund set up (or Afflac!) I can't really afford to miss work and challenge cases, even on a local level. That being said, it's not something I lose any sleep over because the state law covers me.

If you folks would like to read more about this subject, check out the OFCC Forums. Interesting stuff over there and it's still a work in progress. OFCC (and a few other groups) have done some really good work on our behalf. Since this isn't really Appleseed and we're "supposed to" SOM SOM here, I'll close with this -

Use common sense while transporting. Keep your firearms and ammo separated and cased, out of sight even better. Be friendly and courteous with Johnny Law and don't forget to use it as an opportunity to 7th step! "I'm actually on my way to an Appleseed event. Have you ever heard of Appleseed?"

[Spanner]

I need the flyer for the I-79 corridor, which has been mentioned, so I can help build up PA, but given where I live, I hope to be an asset to the tri-valley area of PA, WV and OH.

Edheler, this is what I'm working on (attached).  I have not proofed it completely, but I need a break so I can come back to it fresh.  Once I have it proofed, I'll post the WORD doc as well.

Edit: couple of date typos
I've moved the files to (the WV board; you may have to log out in order to reach them):

Tri-State Flyer (WV-PA-OH) Spring 2010
...

[Edheler]

Thanks for the answers, after reading, I think I will just put a lock on my rifle case, with the ammo in a separate case, while traveling. It would seem to be the least ambiguous solution given my vehicle and how the law reads.

[GoldFish]

Thanks, Edheler and MeanStreaker, for making it so easy and precise.  I don't particularly care for extraneous information. 

---GF