Duty to Inform Ohio

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  • Mustang380gal

    Plinker
    Rating - 0%
    0   0   0
    Apr 13, 2012
    65
    8
    Ohio's Amish Country
    Definition of loaded from Ohio Revised Code
    (5)(a) "Unloaded" means, with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.(c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.(6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.(7) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code.



    Keep the loaded mag in a separate pocket from the firearm.

    How to keep it in a car:

    B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:(1) In a closed package, box, or case;(2) In a compartment that can be reached only by leaving the vehicle;(3) In plain sight and secured in a rack or holder made for the purpose;


    My personal favorite, notification.

    (E) No person who has been issued a concealed handgun license, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license and that the person then possesses or has a loaded handgun in the motor vehicle;(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed handgun license and that the person then possesses or has a loaded handgun in the commercial motor vehicle;(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;(4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.



    These are from Lawriter - ORC - 2923.16 Improperly handling firearms in a motor vehicle. .

    We have come a long way. I work in Canton, and travel through it almost every day. Lots of people I know from Ohioans for Concealed Carry also live or work in Canton. Overall, reports of handgun carriers being hassled are becoming fewer over the years. Even in larger cities like Columbus and Cincinnati, open carriers aren't having trouble either. The city of Cleveland put out a policy regarding open carry recently, which was surprising, since Cleveland has been one of the most unfriendly cities.

    No license needed to open carry. Just unload it before getting into the car. I do recommend being discreet when you reload. There have been some MWAG calls recently when passersby got scared seeing a person loading a handgun.


    There are two Ohio threads going. I meant to post this in this thread, but posted it in error in the other Ohio thread. Hope you don't mind if I copied it here. (I am not sure if I would have been allowed to link to the post in the other thread.)

    Passengers are also required to notify if carrying loaded guns with a permit.

    And no notification is needed if the gun is unloaded.
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    Definition of loaded from Ohio Revised Code
    (5)(a) "Unloaded" means, with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.(c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.(6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.(7) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code.



    Keep the loaded mag in a separate pocket from the firearm.

    How to keep it in a car:

    B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:(1) In a closed package, box, or case;(2) In a compartment that can be reached only by leaving the vehicle;(3) In plain sight and secured in a rack or holder made for the purpose;


    My personal favorite, notification.

    (E) No person who has been issued a concealed handgun license, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license and that the person then possesses or has a loaded handgun in the motor vehicle;(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed handgun license and that the person then possesses or has a loaded handgun in the commercial motor vehicle;(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;(4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.



    These are from Lawriter - ORC - 2923.16 Improperly handling firearms in a motor vehicle. .

    We have come a long way. I work in Canton, and travel through it almost every day. Lots of people I know from Ohioans for Concealed Carry also live or work in Canton. Overall, reports of handgun carriers being hassled are becoming fewer over the years. Even in larger cities like Columbus and Cincinnati, open carriers aren't having trouble either. The city of Cleveland put out a policy regarding open carry recently, which was surprising, since Cleveland has been one of the most unfriendly cities.

    No license needed to open carry. Just unload it before getting into the car. I do recommend being discreet when you reload. There have been some MWAG calls recently when passersby got scared seeing a person loading a handgun.


    There are two Ohio threads going. I meant to post this in this thread, but posted it in error in the other Ohio thread. Hope you don't mind if I copied it here. (I am not sure if I would have been allowed to link to the post in the other thread.)

    Passengers are also required to notify if carrying loaded guns with a permit.

    And no notification is needed if the gun is unloaded.
    So...in a nutshell (correct me if I read this wrong), I (as an Indiana resident with no reciprocated license honored by Ohio) can *travel* through Ohio with an UNloaded gun in my locked mini-vault with a magazine (full of ammo) in the closed (latched but not locked) console or glove box.
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    I'm gonna play the "what if" game for a second.

    What if... traveling through Ohio, some scenario develops where I would need to procure a hotel room.
    Do I leave those things locked where they are in my vehicle or is there a legal way to take them (separately) into whatever lodging I've secured?
     

    Motorhead302

    Marksman
    Rating - 100%
    1   0   0
    May 18, 2009
    174
    18
    Fulton County
    So...in a nutshell (correct me if I read this wrong), I (as an Indiana resident with no reciprocated license honored by Ohio) can *travel* through Ohio with an UNloaded gun in my locked mini-vault with a magazine (full of ammo) in the closed (latched but not locked) console or glove box.

    it states that you can't have it accessible "without leaving the vehicle", so i would think as long as the mini-vault was in the trunk, and mag wasn't in the min-vault, you'd be fine.
     

    Dead Duck

    Grandmaster
    Rating - 100%
    53   0   0
    Apr 1, 2011
    14,062
    113
    .
    I'm gonna play the "what if" game for a second.

    What if... traveling through Ohio, some scenario develops where I would need to procure a hotel room.
    Do I leave those things locked where they are in my vehicle or is there a legal way to take them (separately) into whatever lodging I've secured?



    Oh-Oh - I'll Play.









    Which Hotel? :naughty:
     

    Motorhead302

    Marksman
    Rating - 100%
    1   0   0
    May 18, 2009
    174
    18
    Fulton County
    No bonus points. My fly ride is a van. But not down by the river.
    Yet.

    bolt it to the inner fender under the hood? though i think if it were in the very back inside the door, you could make the case that you couldn't easily access it without leaving the vehicle. but that sounds like something you'd want case law on. :dunno:
     

    Booya

    Expert
    Rating - 100%
    44   0   0
    Aug 26, 2010
    1,316
    48
    Fort Fun
    I'm gonna play the "what if" game for a second.

    What if... traveling through Ohio, some scenario develops where I would need to procure a hotel room.
    Do I leave those things locked where they are in my vehicle or is there a legal way to take them (separately) into whatever lodging I've secured?

    Once you exit the vehicle, you MAY open carry legally. if you need to get a hotel and want to have the weapon handy/available, bust it out and strap it on.

    When I travel for work (with crew) I "own" all the guns in the vehicle. When we get to our destination, it's OC time (unless I prefer to CC with UT/AZ permit) for everyone.
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    In general, your hotel room becomes "your home" for the duration of your stay...at least when it comes to firearms possession.

    Take it in with you, load it up, and keep it responsibly accessible for use if needed.

    *Note: This only works with free and semi-free states. I have no idea how this would fly behind the iron curtain.

    -J-
     

    Fordtough25

    Grandmaster
    Rating - 99.1%
    111   1   0
    Apr 14, 2010
    6,921
    63
    Jefferson County
    I'm fairly certain that those laws were recently changed. See my link on page 2, it has the current laws and I'm pretty sure the definition of "loaded" as it pertains to firearms was just changed.

    I also believe that the stipulation of unloaded magazines has been repealed/struck.

    Also note for OH (unless it's changed in the recent past, too) is that anything over 30 rds is verboten.

    33 rd 9mm Glock mag = verboten.

    30 rd mag for AR / AK / Saiga 12 / etc / etc / etc = legal.

    -J-

    Thanks guys!! That saves me some time and annoyance. lol
     
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