Ohio CCW law has been updated

This is a discussion on Ohio CCW law has been updated within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by OldMick Parking Lots If you knowingly violate a prohibition against firearms in a private parking lot or parking facility, it is a ...

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Thread: Ohio CCW law has been updated

  1. #16
    Member Array tamworth's Avatar
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    Quote Originally Posted by OldMick View Post
    Parking Lots
    If you knowingly violate a prohibition against firearms in a private parking lot or parking facility, it is a civil trespass issue, not a criminal trespass (provided you are not in violation of other laws).
    Could you please explain the difference between a civil and a criminal trespass? This will affect me with some local parking lots, so I need to know exactly what's going on. There's a Home Depot and a WalMart by me that have no signs on their doors, but the landlord who owns the parking lots and land on which the stores are, have put gun-buster signs at all the entrances. I understand that it will no longer be a criminal trespass but will now be a civil trespass, but what does that mean?!!! it sounds like it will still be out of the question, but punished to a lesser degree IF CAUGHT. Will the stores on that property have to post gun-buster signs at their doors to keep us off now? Please forgive me for so many questions!

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  3. #17
    Member Array rtroha's Avatar
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    Quote Originally Posted by OldMick View Post
    Tenant's Rights
    Landlords cannot deny or restrict tenants who have a CHL, or guests with a CHL while the tenant is present, their right to keep and bear arms.
    Note that the law specifically uses the term "handgun" so long guns could still be prohibited by the landlord.

    Unloaded Defined
    An unloaded firearm is defined as having no ammunition in the firearm and no ammunition 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. What this means is donít have any magazines or speed loaders loaded in the vehicle
    The only bad thing added to Ohio's gun laws by this bill. It's only a matter of time before we start reading stories about Ohio gun owners being arrested for this. I'm willing to bet 90% of Ohio gun owners have no idea this goes into effect tomorrow.

    Think of all the gun owners that load magazines at home before they go to the range.

  4. #18
    Member Array rtroha's Avatar
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    Quote Originally Posted by SIXTO View Post
    -Permit holders can now keep a gun hidden in a car as long as they're carrying it in a secure holster. The law previously required the gun to be in plain sight.
    Actually the "plain sight" requirement for holstered guns and locked gun cases became null on 3/14/07 after HB 347 went into effect.

    Unfortunately, Ohio news media are using an AP news article which incorrectly states that "plain sight" is going away tomorrow.

    Note that "plain sight" is still in effect only for closed but unlocked gun cases.

  5. #19
    Member Array rtroha's Avatar
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    Quote Originally Posted by tamworth View Post
    Could you please explain the difference between a civil and a criminal trespass? This will affect me with some local parking lots, so I need to know exactly what's going on. There's a Home Depot and a WalMart by me that have no signs on their doors, but the landlord who owns the parking lots and land on which the stores are, have put gun-buster signs at all the entrances. I understand that it will no longer be a criminal trespass but will now be a civil trespass, but what does that mean?!!! it sounds like it will still be out of the question, but punished to a lesser degree IF CAUGHT. Will the stores on that property have to post gun-buster signs at their doors to keep us off now? Please forgive me for so many questions!
    The property owner would have to sue you in court if he caught you carrying in violation of his parking lot "no guns" sign.

  6. #20
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    Quote Originally Posted by tamworth View Post
    Could you please explain the difference between a civil and a criminal trespass? This will affect me with some local parking lots, so I need to know exactly what's going on. There's a Home Depot and a WalMart by me that have no signs on their doors, but the landlord who owns the parking lots and land on which the stores are, have put gun-buster signs at all the entrances. I understand that it will no longer be a criminal trespass but will now be a civil trespass, but what does that mean?!!! it sounds like it will still be out of the question, but punished to a lesser degree IF CAUGHT. Will the stores on that property have to post gun-buster signs at their doors to keep us off now? Please forgive me for so many questions!
    Criminal trespass is a trespass violation with intent to commit another crime. For example, I enter your barn in order vandalize it. Civil would be if I was simply crossing your properly marked pasture with no ill intent.
    "Just blame Sixto"

  7. #21
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    Quote Originally Posted by rtroha View Post
    Actually the "plain sight" requirement for holstered guns and locked gun cases became null on 3/14/07 after HB 347 went into effect.

    Unfortunately, Ohio news media are using an AP news article which incorrectly states that "plain sight" is going away tomorrow.

    Note that "plain sight" is still in effect only for closed but unlocked gun cases.
    Yeah, I know... I addressed this non issue earlier in the thread.
    "Just blame Sixto"

  8. #22
    Member Array rtroha's Avatar
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    Quote Originally Posted by Thanis View Post
    I travel to OH often. I have a MI CCW. I always assumed since I gad a CC I could travel through OH with the pistol on me (CC) or hidden in the car (if I was in the car).

    Was this the wrong assumption?

    Is it OK (legal) "NOW" for CCW holder to travel with pistol CC on body or in car?
    Between 3/14/07 and midnight tonight, these were the legitimate ways a to carry a loaded handgun in a vehicle in Ohio, assuming one had a license recognized by Ohio:

    1. In a holster on your person.

    2. In a locked case.

    3. In a closed but unlocked case which must be in "plain sight". The case must have a closing mechanism like a zipper or clasp.

    4. In a locked glove compartment.

    As of midnight tonight, all the above still applies except the glove compartment no longer needs to be locked. In addition, unlocked vehicle consoles also become a legal place to carry your loaded handgun.

    There is no way for an unlicensed individual to legally carry a loaded handgun in Ohio in a vehicle.

  9. #23
    Member Array Rusty Bouquett's Avatar
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    Ohio is going in the RIGHT direction and California is going in the LEFT direction.

  10. #24
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    Whoa...what happened to the usual liberal minds in the Legislature? Did a bunch of them miss a meeting?

    Congrats OH...
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  11. #25
    Member Array JusticeDun's Avatar
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    I feel your pain Rusty.

  12. #26
    Member Array Linda's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Whoa...what happened to the usual liberal minds in the Legislature? Did a bunch of them miss a meeting?

    Congrats OH...
    They fiqured out that their democrat Governor is and always has been on board with protecting our 2nd Amendment rights!

    When Castle Doctrine passed out of Senate committee and went to the full Senate for vote, it was a
    unanimous yes vote, across the party lines. It was unbelievable!!!

    Ohio has come a long way in just a couple short years!
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  13. #27
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    Now if the Supreme Court of Ohio would get off its bureaucratic backside and rule on the Ohioans for Concealed Carry vs Village of Clyde!
    It seems the Village of Clyde (other municipalities have jumped on their bandwagon) posted their park as a no-carry zone. Ohioans for Concealed Carry took them to task (and court) over this, they won, they won again, it was appealed both times, it's been argued before the SCOH and we're waiting for SCOH to issue a decision:
    Is State law a "general" law or can local override it?
    The State law contains a pre-emption statute that supposedly prevents subordinate jurisdictions from posting. Village of Clyde et. al. are challenging this as it violates self rule.
    Until SCOH decides, we're a bit up in the air on the subject.
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  14. #28
    Member Array spooter66's Avatar
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    Now, if we could only get Ohio and Pennsylvania to play nice and recognize each others permits. It sure would make life easier for everyone who lives near the state lines.
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  15. #29
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    Down by me in S.W. Ohio a few parks that were posted have been "unposted"...That was huge to me....that local gov'ts have taken the law to heart and honored it. Cuz for a while there they were not even after the "home rule" aspect was written into the law.
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  16. #30
    Member Array tamworth's Avatar
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    Quote Originally Posted by rtroha View Post
    There is no way for an unlicensed individual to legally carry a loaded handgun in Ohio in a vehicle.
    I hope you're only referencing transport in a car, because open-carry is perfectly legal otherwise. I didn't know it was legal to open-carry without a license until about 3 or 4 months ago...!


    Quote Originally Posted by retsupt99 View Post
    Whoa...what happened to the usual liberal minds in the Legislature? Did a bunch of them miss a meeting?

    Congrats OH...
    Actually, the liberals call it a 'shoot first legislation' and they always will, but our governor realized it wasn't necessarily a 'gun doctrine' but a 'self-defense doctrine'. It's a pity that our guns might have dissuaded the decision, but after the thought of it being another gun doctrine was overshadowed by it being a self-defense doctrine, it made sense to him that someone being attacked shouldn't have to hesitate thinking about legal repercussions before defending themselves!

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