Carry in the Vehicle: Ohio Specific

johnisaly,
I am not trying to argue. I want understand our laws as fully as possible.

You said "Recent Ohio legislation pre-empts any & all local jurisdictions from passing or enforcing any law which is more restrictive than an Ohio General Law. In essence, any local law which forbids open carry has been flushed down the commode."

I agree with your assesment, but have not been able to find any law concerning open carry in Ohio. There is a supreme court ruling that I have found quoted quite often that states that open cary is an individual right. But, if there is not a specific state law allowing open carry, would a local law prohibiting it be more restrictive than an Ohio General Law?

My comments on concealment requirements are based on the possibility of open carry being banned in the area you are in at any given time. Not to mention the fact that I know they are simply my opinons and were never meant to be taken as gospel.

I will be extremely happy if the new pre-emption does actually apply to open carry. However, as long as there are lawyers and sheeple, I will continue to CMA when possible.

luvmy40 -

I know you are not trying to argue. Sorry if I sounded gruff.

House Bill 347 became law in March 2007. It was the concealed carry reform bill. Among other things, it allowed for statewide preemption of local firearms laws (requiring instead that all gun laws be made only at the state level).

You cannot find any state law concerning open carry in Ohio, because there have never been any on the state level. Therefore, there can be no local laws that forbid open carry because the state does not forbid that right.

You asked "would a local law prohibiting it (open carry) be more restrictive than an Ohio General Law?" The answer is Yes.

Here is the link to H.B. 347

Other recent changes to Ohio gun and concealed carry laws can be found in Substitute Senate Bill 184 which became law in September 2008, and also with the Ohio Supreme Court decision in Ohioans For Concealed Carry v. City of Clyde which was decided in the very same month.

I see from your sig line that you are a member of Ohioans for Concealed Carry. If you go to their main website and also their forum pages, you will find a multitude of information devoted to this issue. Most of those guys can & have explained it far better than I can.

I hope this helps. I know it is really hard to keep up on all these different laws since they have been changed and fine tuned several times.

Quote:

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Originally Posted by wpk

This is all from the state ccw handbook:

If you have your CHL and transporting your weapon, you must have your CHL on you as well as another valid gov't ID. It must be 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. It may also be locked in a case or secured in a closed glove compartment or vehicle console.

If you DO NOT have a valid CHL, 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 transport it unloaded: in a closed package, box, or case; in a compartment that can only be reached by leaving the vehicle; in plain sight and secured in a rack or holder made for that purpose; if it is a firearm at least 24" in overall length and if the barrel is at least 18" in length in plain sight with the action open or the weapon stripped.

O.R.C. 2923.16

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To add to this, any magazines or speedloaders must be unloaded, even if they are totally sepearte from the weapon, otherwise it constitues a loaded weapon, this is of course if you DO NOT have a CHL

Quote:

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Originally Posted by luvmy40

I agree with your assesment, but have not been able to find any law concerning open carry in Ohio. [...] But, if there is not a specific state law allowing open carry, would a local law prohibiting it be more restrictive than an Ohio General Law?

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1. There is no state law stating that open carry is legal. It is legal simply because there is no state law saying it is illegal.

2. In March 2007, Ohio Revised Code 9.68 took effect thanks to House Bill 347. This is the state preemption law. ORC 9.68 was deemed valid in September by the Ohio Supreme Court in the Ohioans for Concealed Carry vs City of Clyde case You'll notice that ORC 9.68 mentions open carry which means local laws cannot be enforced on open carry.

3. OFCC also convinced the Ohio Attorney General to make a brief mention in the state CCW pamphlet that open carry is legal. In addition, the AG's office said they would inform LEO of this fact via other means. See Ohioans For Concealed Carry - The Premier Gun Rights Organization in Ohio Since 1999 - Ohio AG's Office Works to Educate Law Enforcement Agencies on Gun Law Changes

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Originally Posted by retsupt99

HEY!!!!!!

Where is SIXTO when you need him????????:blink::blink:

He needs to chime in...

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I'm here and have been watching. The best answers are already here, I dont feel like arguing with the sidewalk attorneys anymore. I'm just a guy who is paid to know these things and actually makes arrests and puts together cases based on the quote laws, but apparently some don't think thats enough creds.

Wow i didnt expect this to blow up like it did. lol I appreciate everyones posts and i have never heard of the buyckeye tuck, so for that thanks. I just wanted to CYA when it came to it esp seeing as i am not a lawyer nor leo.....yet :-)

Good Thread....I learned a lot....I think:blink: Plus, check out ohioccwforums.org Lots of good Ohio specific stuff there to keep yourself within the laws. Cant be a member of too many forums!!!