Hope this answers some questions.
Informing Law Enforcement of Carry:
If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, the person shall inform the law enforcement ofcer that the person is carrying a concealed handgun, keep his or her hands in plain sight at all times and not touch the concealed handgun, unless in accordance with directions given by any law enforcement ofcer. Violating this section of law is a first degree misdemeanor, and in addition to any other penalty handed down by a court, shall result in the suspension of the person’s concealed handgun license for one year.
NOTE:
So far, the Ohio Supreme Court has not defned the term “plain sight” precisely in the context of carrying a concealed handgun. However, in other contexts, courts have generally held that the term “plain sight” is a common sense term that means clearly visible or unobstructed. Plain sight applies to your hands and other objects.
If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, the person shall not have or attempt to have any contact with the handgun, unless in accordance with directions given by a law enforcement ofcer. Violating this law is a felony.
If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, the person shall not knowingly disregard or fail to comply with any lawful order given by any law enforcement ofcer.
Violating this law is a first degree misdemeanor and may result in the suspension of the person’s concealed handgun license for two years. However, if at the time of the stop the law enforcement ofcer or an employee of a motor carrier enforcement unit who made the stop had actual knowledge that the licensee has had a CCW license, then the person’s CCW license shall not be suspended for a violation of 2923.16 (E) (3). The CCW licensee’s violation will be considered a minor misdemeanor.
If the CCW licensee surrenders the firearm, then the following applies:
• If the firearm is not returned at the completion of the stop, the
law enforcement ofcer is required to return the firearm in “ the condition it was in when it was seized.”
• If a court orders the firearm’s return and the firearm has not been
returned to the licensee, the CCW licensee can claim reasonable costs and attorney fees for the loss and the cost of claiming the firearm.
WARNING:
If you are planning on carrying a concealed handgun while driving:Have your concealed carry license and another piece of valid government identifcation in your possession.
Make sure the handgun is:
• In a holster secured on your person, or
• In a closed case, bag, box, or other container that is in
plain sight and has a closing mechanism such as a zipper, snap or buckle, or
• Securely encased by being stored in a closed, glove compartment or vehicle console, or
• Locked in a case.
If you are pulled over and you are carrying a concealed handgun remember the following:
• Before the ofcer approaches, roll down your window and place
your hands in plain view on the steering wheel.
• Calmly tell the ofcer that you have a license to carry a concealed
handgun and that you have a handgun with you. Ask if the ofcer has particular instructions concerning the handgun.
• Do not touch or attempt to touch your handgun unless specifcally
told to by the ofcer.
• Do not exit your vehicle unless specifcally told to by the ofcer.• Comply with all lawful orders given by the ofcer.
If you are a licensee and are not carrying a concealed handgun, this section does not apply to you.
In addition to the concealed carry prohibitions detailed above, Ohio has strict laws concerning frearms in a vehicle. If you DO NOT have a concealed handgun license, you may not transport a loaded handgun in any manner where it is accessible to anyone inside the vehicle without leaving the vehicle. If you DO NOT have a license, you may not transport a frearm in a vehicle unless it is unloaded and carried in one of the following ways:v
• In a closed package, box or case;
• In a compartment that can be reached only by leaving the vehicle;
• In plain sight and secured in a rack or holder made for that purpose; or
• If it is a frearm at least twenty four inches in overall length and if
the barrel is at least eighteen inches in length in plain sight with the action open or the handgun stripped, or if the frearm is of a type in which the action will not stay open or cannot easily be stripped, in plain sight.
Statutory Reference (s) R.C. 2923.16 (E) governs how licensees may transport loaded concealed handguns in motor vehicles.R.C. 2923.16 (B) – (C) governs how frearms must be otherwise transported in a vehicle
Automobile carry:
The transportation of loaded, concealed handguns in motor vehicles is permitted, but strict obligations are imposed by the law to protect you and law enforcement. These obligations apply to drivers and occupants. These obligations do not apply if you are storing a firearm for any lawful purpose and it is not on your person or you are lawfully storing or possessing a firearm in your home. You may not have a loaded handgun in the vehicle if you are under the infuence of drugs or alcohol. If you have a concealed carry permit, you may not transport a loaded, concealed handgun in a vehicle unless it is carried in one of the following ways:
• The loaded handgun is in a holster secured on the person. Ohio law previously required carrying firearms in a holster in plain sight. The“plain sight” provision has been removed from the law.
• The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the handgun, or
• The loaded handgun is securely encased by being stored in a closed, glove compartment or console, or in a case that is locked.
Motorcycles fall under the defnition of motor vehicles. Thus, the same requirements apply to licensees who carry a handgun while on a motorcycle.
