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; Just a heads up to folks that travel to Ohio and may not be aware of it but today, Sept. 8th, The laws in Ohio ...

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Thread: Ohio CCW law has been updated

  1. #1
    Senior Member Array SOLOLUCKY's Avatar
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    Ohio CCW law has been updated

    Just a heads up to folks that travel to Ohio and may not be aware of it but today, Sept. 8th, The laws in Ohio have slightly changed (for the better).
    I don't have a link to the exact site, & I really do not want to misquote or give bad info, but the A.G. of Ohio werbsite would be the person to search to get specific details about this change.
    Everything you may have been doing, assuming it was correct and legal, is the same only new abilities have been added.

    It's still not perfect but it has improved since it's inception .
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    Here is a basic run down of changes

    -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.

    -Permit holders may bring a gun onto school grounds as long as they are in a car picking up or dropping off a child.

    -Landlords no longer can prohibit licensed concealed weapons permit holders from having their weapons in apartments.

    -Allows people without a license to carry concealed weapons in their homes as long as they aren't engaged in illegal activity.

    -Decreases the penalty for failure to notify a police officer of one's permit status when stopped if the officer already received the information through a license plate check.

    -Allows holders of valid liquor licenses who are also concealed weapons permit holders to carry a hidden gun on their premises.

    -Includes the presumption that a resident who hurts or kills an intruder acted in self defense or in defense of another if the intruder has entered unlawfully or without permission.

    I don't see one change that I disagree with, this should make life a little easier for the citizen and L.E. alike.
    "Just blame Sixto"

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    Member Array jdivence's Avatar
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    Quote Originally Posted by SIXTO View Post
    -Includes the presumption that a resident who hurts or kills an intruder acted in self defense or in defense of another if the intruder has entered unlawfully or without permission.
    I am glad to see that I no longer have to wait for an intruder to hurt me or my family before I can shoot him

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    Quote Originally Posted by SIXTO View Post
    ....
    -Decreases the penalty for failure to notify a police officer of one's permit status when stopped if the officer already received the information through a license plate check.
    It's good that the penalty has been decreased, but why a penalty at all? In this day of CCW the officer can always ask first thing if a person has a weapon, and that'd probably be a good practice anyway.
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    Quote Originally Posted by Tangle View Post
    It's good that the penalty has been decreased, but why a penalty at all? In this day of CCW the officer can always ask first thing if a person has a weapon, and that'd probably be a good practice anyway.
    I don't know... thats the little peice the Ohio Chiefs wanted tossed in there. IMO, its stupid all the way around. I agree that its good practice to inform, but it really doesn't make any difference to me (the LEO) if you are or not.

    Also, the new way this written also buts Joe Citizen in more jeopardy (but a lesser penalty) because it opens the doors to assumptions. How is the citizen to know if I saw the permit status when I ran his plate prior to the stop? Who is to say I even did it? What if its not a traffic stop at all? See where I'm going with this?
    Its better than before, but it needs to go all together.
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    Quote Originally Posted by SIXTO View Post
    -Decreases the penalty for failure to notify a police officer of one's permit status when stopped if the officer already received the information through a license plate check.

    Hey Sixto, A little clarification for a neighboring non-resident?

    Am i to read this as that one must notify an LEO that he has a permit, whether or not he is actually carrying? Here we only have to notify an officer that we are carrying, but not necessarily mention anything if we are not packing. Haven't ventured down there yet, but it'll happen sooner or later.
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    We've had a lot of issues with 184 being reported incorrectly by the press. Ohio did away with the "plain sight" provision for concealed carry in a vehicle some time ago with HB 347. The plain sight reference here speaks to firearms over 24" in length.

    The "unlocked glove compartment" or console is the biggest vehicle related change.

    Here's a breakdown taken from a summary done by Ohioans For Concealed Carry:

    SB 184

    Tort Reform
    Bars criminal offenders or their attorneys from recovering damages for injuries they receive while engaged in specified criminal acts even if not charged.

    Castle Doctrine
    Removes the duty to retreat from a criminal attack before using force to defend yourself or another if you are lawfully in a residence or vehicle (vehicle must be your own or that of an immediate family member). In such situations, the burden of proof that an act was not self defense falls on the prosecution provided the defender was lawfully in the residence or vehicle and the attacker was not.

    LEO Notification
    Reduces the penalty for failure to notify a LEO that you have a CHL if the officer knows you have one to a minor misdemeanor (for example, you are stopped in a motor vehicle that is registered to you and the officer runs your plates). Note that this does not relieve you of the duty to inform, only reduces the penalty if you don't.

    Class D
    The Class D liquor permit restrictions were altered. Rooms are no longer off limits for "dispensing", only for rooms in which a Class D has been issued where alcohol is being consumed. An exception was added for retail stores provided the CHL holder was not consuming. An example would be grocery stored conducting a wine tasting. An exception was also added for the holder of the Class D license for any establishment provided the Class D holder has a CHL and is not consuming alcohol.

    Picking Up or Dropping Off at School
    Decriminalized ccw in a school safety zone while immediately in the process of picking up or dropping off kids at school provided the CHL holder remains in the vehicle.

    Sealed Records
    If a past criminal conviction has been sealed or expunged or relief from disability granted by a judge, those records are not to be used as grounds for denial for a CHL.

    Renewals
    When renewing a CHL, you are no longer required to bring a color photograph or resubmit fingerprints. For first time renewals, evidence of meeting the educational requirements are no longer required. For subsequent renewals, a written test does not need to be taken, only a demonstration of range competency.

    Public Buildings
    Only government buildings denoted in the law are off limits, as well as those buildings or parts of buildings owned or leased by the government of Ohio, or a political subdivision of Ohio (county or local governments, for example), where employees of the government regularly are present for the purpose of performing their official duties as employees of the state or political subdivision. It specifically excludes buildings used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility.

    Homeowner's Rights
    You are not required to have a CHL to lawfully carry concealed in your own home.

    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.

    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).

    Retired Peace Officers
    The firearms requalification period for retired peace officers was extended from one to five years.

    Motor Vehicle Transport
    Unloaded firearms at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle with a barrel at least eighteen inches in length do not need to be transported in a closed case or secured in a rack provided they are in plain sight with the action open or the weapon stripped (if both as possible). CHL holders can transport a loaded handgun in an unlocked (but closed) glove compartment or vehicle console.

    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

    For the most part, quite a few good changes. Slowly, slowly...

  9. #8
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    Quote Originally Posted by Cupcake View Post
    Hey Sixto, A little clarification for a neighboring non-resident?

    Am i to read this as that one must notify an LEO that he has a permit, whether or not he is actually carrying? Here we only have to notify an officer that we are carrying, but not necessarily mention anything if we are not packing. Haven't ventured down there yet, but it'll happen sooner or later.
    Only if you are carrying as I understsand it.

    And yes, the plain sight in vehicle thing went away a while ago... it just isnt all that well known yet. It isn't a media problem at all, it was done by design at the AG's office. With the new laws in effect now, all the press releases included that as well to get the word out.
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    great news for Ohio. those are all good changes! :)

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    good to hear.
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    Quote Originally Posted by SIXTO View Post
    ...Also, the new way this is written also puts Joe Citizen in more jeopardy (but a lesser penalty) because it opens the doors to assumptions. How is the citizen to know if I saw the permit status when I ran his plate prior to the stop? Who is to say I even did it? What if its not a traffic stop at all? See where I'm going with this?
    Exactly the kind of situation I was thinking about.
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    Quote Originally Posted by Tangle View Post
    Exactly the kind of situation I was thinking about.
    I just don't think that is very well thought out, it was very much a compromise of sorts. I wish the would just make it one way or the other... it would be easier for everyone to follow the law if the kept it simple.
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    wpk
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    Now we need to get rid of that "obligation to retreat" bit when we're outside of our homes or vehicles...

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    VIP Member Array Thanis'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.:
    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?

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    Actually, the changes go into effect tomorrow the 9th.

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