Carry in the Vehicle: Ohio Specific

Carry in the Vehicle: Ohio Specific

This is a discussion on Carry in the Vehicle: Ohio Specific within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ok so i would like some imput on the situation. I was reading another thread and i live in Ohio and we have Open carry ...

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  1. #1
    Senior Member Array Hydrashok Glock's Avatar
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    Carry in the Vehicle: Ohio Specific

    Ok so i would like some imput on the situation. I was reading another thread and i live in Ohio and we have Open carry as well as Concealed. Now my question is; Can i tuck my shirt in my pants at my holster in my car thus creating an Open Carry from a Concealed Carry? Thanks for the help and look forward to responses
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    VIP Member Array Dal1Celt's Avatar
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    That would depend on your local laws. I suggest you research your State and Local Laws.
    Here in NC if you don't have a CCW (we are an OC State) your weapon must be in plain sight on the passenger seat or dash, uncovered. With the CCW doesn't matter.
    "Without fear there can be no Courage!"

  3. #3
    Senior Member Array Hydrashok Glock's Avatar
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    Thanks for the response. In Ohio we just changed the "plain sight" rule in the vehicle. I am just wondering because having the shirt tucked would greatly decrease draw time.
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    Member Array Glock23MI's Avatar
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    Not sure if i'm 100% correct, but i recall reading somewhere that if it's on your person, it needs to be concealed. I looked into it when i first got my CPL b/c i have relatives in Toledo and wanted to make sure i was legally carrying.
    Make sure you post whatever you find out.

  5. #5
    wpk
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    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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  6. #6
    Senior Member Array Hydrashok Glock's Avatar
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    Quote Originally Posted by wpk View Post
    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
    Thank you. I have the new revised CHP book but was looking in the open carry section, wich saying is vague would be an understatment. I appreciate everyones input and appreciate futher help on said subject. Thanks
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  7. #7
    wpk
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    Glad I could help.


    And yeah, the open carry part of the handbook may as well not even be in there. Though there really is no reason for open carry regulations to be in a concealed carry handbook I guess.
    "America is a nation of laws; poorly written and randomly enforced." -Frank Zappa

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  8. #8
    Senior Member Array Hydrashok Glock's Avatar
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    I agree. Plus open carry is a scary subject because of the whole brandishing issue. Dang soccer moms lol
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  9. #9
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    HG,
    IANAL
    Ohio is, nominally, an open carry state for the simple reason that there is no state legislation that specifically forbids open carry. Not that there is any legislation that provides for it. For this reason, any local court or constabulary can forbid open carry in their jurisdiction.

    The transportation of a loaded firearm in a vehicle is expressly forbidden by state law unless you are licensed to carry concealed.

    The requirements for carrying on your person in a vehicle do not forbid the weapon to be visible. The amendment to the legislation simply removed the requirement for the weapon to be "in plain sight". However, from the standpoint of CYA I would not recommend carrying with the weapon overtly displayed as your CCW does require it to be concealed. IMHO, this one of those gray areas in the Ohio legislation. It is not strictly forbidden and prior wording even demanded it. But it is implied that you must always conceal wean carrying under your CCW license.

    Ohio's "brandishing" definition is also suspect. Printing is not defined as brandishing but neither is it specifically defined as not. Same for accidental display. IE your cover garment blows open or hangs up when exiting a vehicle... I guess what I am trying to say is just use common sense and do not try to push the limits of the law...Unless you are willing to be a test case.
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  10. #10
    Senior Member Array Hydrashok Glock's Avatar
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    Thanks again for the info. I figured as much i was just wondering but it is not worth testing. Ohio has some vague laws wich may or may not be a bad thing. Thanks again
    The choices you make today define you of who you are tommorow

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  11. #11
    Member Array Jamie B's Avatar
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    Go to the OH AG website, Ohio Attorney General

  12. #12
    Member Array johnisaly's Avatar
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    Carry in the Vehicle: Ohio Specific

    luvmy40
    You started your post off by stating you are not a lawyer. That was great. But then you blew it when you threw out some legal opinions that are completely, totally, absolutely false. That is not so great.

    Quote Originally Posted by luvmy40 View Post
    …………..any local court or constabulary can forbid open carry in their jurisdiction……
    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.

    Quote Originally Posted by luvmy40 View Post
    …………from the standpoint of CYA I would not recommend carrying with the weapon overtly displayed as your CCW does require it to be concealed……………. But it is implied that you must always conceal wean carrying under your CCW license……..
    An Ohio Concealed Handgun License (CHL) DOES NOT require your handgun to be concealed. A CHL holder can open carry or conceal carry (in vehicle or on foot). An individual with no CHL can only open carry if on foot (he cannot carry or have a loaded firearm whatsoever in a vehicle).

    So to answer the OP’s question:
    Quote Originally Posted by Hydrashok Glock View Post
    Now my question is; Can i tuck my shirt in my pants at my holster in my car thus creating an Open Carry from a Concealed Carry?
    Yes you can, as long as you have a CHL. If you do not have a CHL – you just bought yourself a felony. In Ohio, carrying by the method you describe in a vehicle is termed “The Buckeye Tuck”.
    John -
    "The story you are about to hear is true; the names have been changed to protect the innocent."

  13. #13
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  14. #14
    Member Array JusticeDun's Avatar
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    Look, open carry is legal in Ohio with or without CCW License with the exception of "Motor Vehicles". You have to have a CCW License to carry a LOADED HANDGUN in a motor vehicle. As long as you have a CCW License you can carry canceled or openly in a motor vehicle.

  15. #15
    Member Array johnisaly's Avatar
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    JusticeDun -
    I totally agree!
    John -
    "The story you are about to hear is true; the names have been changed to protect the innocent."

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