carry question

Discussion in 'Carry Issues & Self Defense' started by diesel, October 4, 2012.

  1. diesel
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    diesel

    Hey guys....question.:question:
    When one owns a legal CCW, can one carry a rifle (AR, M-1,etc.) in the same manner as a handgun?.......in ones vehicle, walking the street and so forth. I'm not talking about walking in your local Wal-Mart with an M-14 strapped over you shoulder and scare'n the shit out of everyone? .....mostly in ones vehicle.:flag:
     
  2. I would guess probably not but it would be fun if you had a class 3 short barreled rifle and could carry it at times.
     
  3. rjrivero
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    rjrivero

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    No. Carrying a loaded long gun in your car is a no-no in Ohio.
     
  4. MikeH121
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    MikeH121

    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.
     
  5. I don't think we have to have it locked up in the car if it's not on our person, that Law was changed last November I believe. I'm sure I'll be wrong but I've learned not to believe explanations of law from certain Public officials :p
     
  6. Minimal Brat
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    Minimal Brat

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    We can carry our handgun anyway we like in our car with a ccl in Ohio. Think this went into effect last October. Many keep them in a holster under the steering wheel, some keep them in a holster on the side of the seat or in front of the seat between the legs. I have a holster that is attached to the ash tray ( ash tray is never used of course ) that is within easy reach. I am looking around to see what it says about rifles as I don't have one I don't know what the laws are for them.
     
    Last edited: October 4, 2012
  7. diesel
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    diesel

    Thank you Mike. You pretty much summed it up there. See what i mean about you guys (+girl) being smart.:flag:
     
  8. The laws Change sometime for the good.

    Ohio: Governor Kasich Signs into Law Important Pro-Gun Reform Bill Today
    Posted on December 20, 2012

    Today, Governor John Kasich (R) signed NRA-backed House Bill 495 into law. This bill was introduced by state
    Representative Terry Johnson (R-89) to address several problems with current Ohio gun laws.
    An amended substitute to the original bill passed in the Ohio Senate on December 13 by a 26-7 vote and the Ohio House of Representatives concurred with that version later in the day by a 66-23 vote that includes further clarifications regarding the transportation of loaded magazines and firearms and permits lawfully owned firearms to be stored in vehicles in some government-owned parking lots. However, in order to ensure its passage during this legislative session, the sections regarding expanding concealed carry reciprocity were amended out of the bill with a commitment to address this issue early next session.
    The final version of this bill remains strong and includes several necessary improvements to Ohio’s concealed carry laws. The final version of HB 495 makes the following changes:
    Eliminates the renewed competency certification requirement for concealed carry license renewals. Currently, after the first renewal of your concealed handgun license, you must submit proof of renewed competency to show that you are range competent for all subsequent renewals. HB 495 would make it so that you can simply show your existing or expiring license or your original competency certificate as proof that you have had the necessary training for all renewals.
    Modifies the definition of a loaded firearm in a vehicle. Currently, a firearm is considered loaded if a loaded magazine is present in the vehicle, even if the magazine is not inserted into the firearm. HB 495 further clarifies the definition in current law to give gun owners various options for storing loaded magazines during transport.
    Defines “Concealed Handgun License†in one section of the Ohio Revised Code and clarify that this definition applies to all references of a concealed handgun license throughout the state code. HB 495 would simplify state law and make it easier to read, understand, comply with and enforce.

    This measure will go into effect ninety days from today. :thumbs:

    This will change how you can carry long guns that accept magazines. This legislation has been long overdue and is welcomed by most shooter that I know.
     
  9. Long guns transported properly.

    With talking with several LEOs they tell me that they rely on the guidelines for the Firearm Owners Protection Act or FOPA with regard to transport of long guns.
    The link will get you further information about what that entails without my posting a hugh amount of text to the site.

    Hope this helps anwser your questions.

    NRA-ILA | Guide To The Interstate Transportation
     
  10. Re: Long guns transported properly.

    AWESOME news dogshawred. Thank you for sharing the news with us. I am a happy camper to see that Ohio finally has done something right in regards to CCW.
     
  11. Sigh
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    Sigh

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    I didn't catch it clearly being stated in the thread, so for those googlers that stumble onto this thread... a CHL (Cconcealed Handgun License) in Ohio only deals with handguns and no other weapons (not rifles, knives, clubs, etc). So far (HB 495 excepted as I know of it but haven't read it closely yet) the carrying of rifles is done through the auspices of open carry and the transport of them in or on a motor vehicle is regulated (infringed) through the generic firearms transport laws.
     

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