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Thread: Attention Ohioans!!!

  1. #1
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    Exclamation Attention Ohioans!!!

    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.
    Last edited by Eric D.; 10-20-11 at 13:36.
    B.A.S. Mechanical Engineering Technology

  2. #2
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    I was already aware of this, but thanks for the thread I'm sure many people aren't. I have told numerous individuals that I see at the range that they need to keep their rifle mags unloaded while transporting them in a motor vehicle. Usually people just say whatever and do it anyways. It's the whole you can bring a horse to water yet you can't force him to drink thing.

    I do agree with you that the law should be changed, at least for the transportation of loaded rifle mags. However I don't ever see the need for me to "Open Carry" in a vehicle.

    Regards,

    Josh

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    I applaud your efforts, however, there are certainly other aspects of concealed carry and firearms laws that need attention. Currently, Buckeye Firearms along with Ohioans for Concealed Carry is working to have the "notifcation requirement" removed from the books.

    However, rather than change the laws. Encourage people to get their CHL (concealed handgun license). This helps strengthen the numbers in the state, and shows that firearm owners are really law abiding citizens. 2 new laws took effect, allowing resturant carry, and removing many of the car carry restrictions for holders of a CHL. This is just one step closer to getting the CHL law the way it was originally planned back in 2004.

    I realize it is a hassle to have to load your magaiznes when you get to the range, and cuts into your range time. I typically load my ammo on stripper clips, and can have a loaded 30rd mag in less than 30 seconds without sore thumbs.

    If you have not done so, please check out ofcc.org, and join the forums. Many of the people there helped pass the law in 2004, and many of the law revisions. I am sure they would appreciate your input.

    And if you do not have it yet, please take the time to get your CHL. It is an easy process, and once you complete the training, and submit your application, it typically takes a week or two to get your license.

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    I am glad I am getting my OH CCW permit. I didn't know about the loaded magazines. This is too bad because I like to load my mags prior to heading to the range so I can spend more time shooting and less time loading. Looks like the CCW permit will take care of this. Thank you for doing the research.

  5. #5
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    No problem. I'm in the same boat as you; I don't want to get to the range and have to load however many hundreds of rounds I may shoot. My biggest issue is how OH has enacted "Castle Doctrine" that applies to home and vehicle, yet you need a CCW to legally carry in your car which is where I feel most vulnerable. At any rate, I plan on doing my CCW class in January with a friend who will be turning 21 at that time.

    Quote Originally Posted by duece71 View Post
    I am glad I am getting my OH CCW permit. I didn't know about the loaded magazines. This is too bad because I like to load my mags prior to heading to the range so I can spend more time shooting and less time loading. Looks like the CCW permit will take care of this. Thank you for doing the research.
    B.A.S. Mechanical Engineering Technology

  6. #6
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    Realize this may be an older thread, but I saw it in one of your signatures.

    Hasn't this changed now with the new laws concerning being able to carry in bars and such?

    I thought they also relaxed the laws in regards to vehicles.

  7. #7
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    The statutes I quoted are the laws as they are currently written. Laws were relaxed for CCW holders only. The issue is that 0RC 9.68 affirms our right to open carry and Castle Doctrine affirms our right to self defense in our homes and vehicles yet there are so many restrictions; all of which don't apply to CCW holders.

    Quote Originally Posted by bsem View Post
    Realize this may be an older thread, but I saw it in one of your signatures.

    Hasn't this changed now with the new laws concerning being able to carry in bars and such?

    I thought they also relaxed the laws in regards to vehicles.
    B.A.S. Mechanical Engineering Technology

  8. #8
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    Quote Originally Posted by Eric D. View Post
    The statutes I quoted are the laws as they are currently written. Laws were relaxed for CCW holders only. The issue is that 0RC 9.68 affirms our right to open carry and Castle Doctrine affirms our right to self defense in our homes and vehicles yet there are so many restrictions; all of which don't apply to CCW holders.
    OH okay. How ridiculous. I never understood how they justified a loaded mag as a weapon.

    I have a permit but I still think the regs are stupid. Also the fact that it's a felony is backwards as heck. Sounds like kind of a racist law.

  9. #9
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    Note to self: Get AR pistol so I can carry loaded mags thru Ohio.
    My brother saw Deliverance and bought a Bow. I saw Deliverance and bought an AR-15.

  10. #10
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    Ohio legislation and the magazine fetish! I saw this in print a few years ago-- copied from Ohio statutes-- not sure if it's still in place, but it said essentially that if you had a magazine that held 30 or more than 30 rounds, not sure how it was worded, you were in possession of a machine gun. Hm.

    I've tried it and no matter how big a mag I put in, dang thing still only fires semi-automatically!

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