Attention Ohioans!!!

[Eric D.]

Firstly, thank you for taking the time to view this thread. I will try to keep it brief and to the point.

For those of you who aren't aware, it is illegal to carry a loaded firearm in a motor vehicle. Quoted from the Ohio Revised Code:

http://codes.ohio.gov/orc/2923.16

2923.16 Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle
in such a manner that the firearm is accessible to the operator or any passenger without
leaving the vehicle.

(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.


A violation of division B is a 4th degree felony!
A violation of division C is 4th degree misdemeanor.

It is also very important to note the definition of "unloaded". If you are carrying loaded magazines for your firearm in your vehicle, regardless of where the magazines or the firearms are, that firearm is considered loaded and puts you in violation of divisions B and/or C.


(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.

Now here is where it gets interesting. CCW holders are immune to divisions B and C with respect to handguns.

(5) Divisions (B) and (C) of this section do not apply to a person who transports or
possesses a handgun in a motor vehicle if, at the time of that transportation or possession,
both of the following apply:

(a) The person transporting or possessing the handgun is carrying a valid license or
temporary emergency license to carry a concealed handgun issued to the person under
section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued by another state with which the attorney general has entered
into a reciprocity agreement under section 109.69 of the Revised Code.

(b) The person transporting or possessing the handgun is not knowingly in a place
described in division (B) of section 2923.126 of the Revised Code.

Bottom Line - What this means for you.


If you are not a CCW holder, it is illegal to transport a loaded firearm in a vehicle.

If you are transporting loaded magazines that can be used with your firearm, that firearm is considered loaded, regardless of the location of the magazines and if the magazines are stored separate from the firearm.

These laws present a problem because, as many of you know, open carry is a legal activity in Ohio. Ohio has also enacted a "Castle Doctrine" that applies not only to one's home but to their vehicle as well. Because of the current law, non-CCW holders who obey they law are left completely undefended in their vehicles. I believe this needs to change. We have a right to self defense and the State has affirmed that right. It doesn't make sense that we should be allowed to open carry on foot, but not in a vehicle. We should be allowed to transport our loaded firearms in a safe and reasonable manner.

What I ask of you is this: Follow the link http://www.legislature.state.oh.us/ to find your State Senators and Representatives if you don't already know who they are. Call them, email them, send them letters. Make them aware of this legal fallacy and urge them to do something about it. I have emailed my District's Senator and Representative and I will continue to do so. The legislative process has gotten to the point where it seems individuals don't matter but we are still the voice of this State. Take ten minutes out of your day to make your voice heard.

"All that is necessary for the triumph of evil is that good men do nothing" Edmund Burke

Sincerely,
Eric D.

P.S. This thread can serve as a petition of sorts. The more replies and support for change, the better. Fell free to leave feedback and suggestions for me; either in this thread or via PM.