How to transport hangun through Ohio to Pennsylvania?

[Kirk Freeman]

I've no intention in stopping in Ohio, barring running out of gas. If something happens there, thanks Ohio for taking away my rights.

Well, maybe when you come back, you can check into a Florida or an Utah license.

This way you if you do have a tire blow or stop for relief, then you don't have to worry about carrying a pistol.

I hate the license requirement more than most, but if I can be legal, I'll be legal. It's cheaper than paying lawyers.

 

[esigler]

Im glad I have my Utah, Im legal in Ohio!

 

[LawDog76]

http://www.ohioattorneygeneral.gov/getattachment/e1c401a5-e15e-481a-a944-74f5565bc0b1/2004-028.aspx

Found a document which contains the "old" law before permits were issued.

(A) No person shall knowingly carry or have, concealed on his or her
person or concealed ready at hand, any deadly weapon or dangerous ordnance.
(B) This section does not apply to officers, agents, or employees of this
or any other state or the United States, or to law enforcement officers, authorized
to carry concealed weapons or dangerous ordnance, and acting within the scope
of their duties.
(C) It is an affirmative defense to a charge under this section of
carrying or having control of a weapon other than dangerous ordnance, that the
actor was not otherwise prohibited by law from having the weapon, and that any
of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for
defensive purposes, while the actor was engaged in or was going to or from the
actor’s lawful business or occupation, which business or occupation was of such
character or was necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal attack, such as would​

justify a prudent person in going armed.

 

[38special]

http://www.ohioattorneygeneral.gov/getattachment/e1c401a5-e15e-481a-a944-74f5565bc0b1/2004-028.aspx

Found a document which contains the "old" law before permits were ussued.

(A) No person shall knowingly carry or have, concealed on his or her
person or concealed ready at hand, any deadly weapon or dangerous ordnance.
(B)​

This section does not apply to officers, agents, or employees of this
or any other state or the United States, or to law enforcement officers, authorized
to carry concealed weapons or dangerous ordnance, and acting within the scope
of their duties.​

(C) It is an affirmative defense to a charge under this section of
carrying or having control of a weapon other than dangerous ordnance, that the
actor was not otherwise prohibited by law from having the weapon, and that any
of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for
defensive purposes, while the actor was engaged in or was going to or from the
actor’s lawful business or occupation, which business or occupation was of such
character or was necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal attack, such as would​

justify a prudent person in going armed.

That's why I wanted clarification. You were speaking of Ohio and I wasn't sure if you were just speaking generally.

Fair enough!

 

[LawDog76]

That's why I wanted clarification. You were speaking of Ohio and I wasn't sure if you were just speaking generally.

Fair enough!

Yeah, I guess I should of specified Ohio in my original post. Sorry if I cause any confusion. My bad.

 

[finity]

I used to be a Police Officer in Ohio. The gun must be unloaded, placed in a hard box or case that can be locked. That box/case then must be placed in the trunk of your car. The ammo must be in its own box but does not have to be locked.

According to the ORC the gun can be transported in a couple of different ways while in a vehicle:

2923.16 Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(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;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person’s whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.

(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:
(1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies:
(a) The loaded handgun is in a holster on the person’s person.
(b) The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun.
(c) The loaded handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked.

It looks like:

(B) above allows you to carry a LOADED firearm as long as it's not accessible from the passenger compartment, i.e. trunk.

(C) above allows you to carry a firearm in the passenger compartment as long as it's unloaded & in a closed case or package. It doesn't say it has to be locked. I'm pretty sure a loaded magazine is considered a loaded gun, as well.

From reading the above, the only time the case has to be locked is if you are carrying a loaded gun, have a permit & are not carrying it in a holster or in the glovebox/console.

It's technically legal to OC without a permit in Ohio...just not in a vehicle. If it's loaded you have to take it off & put it in the trunk before entering your vehicle & strap it back on when you get back out.

Ohio has some strange rules.

 

[LawDog76]

Finity, The way I posted was how our prosecutor told us it needed to be for non-prermit holders. If we found it any other way we were to photograph it, document it, and arrest either the driver of the car or the owner of the weapon. I also agree with you that Ohio does have some strange laws and rules.

 

[finity]

Finity, The way I posted was how our prosecutor told us it needed to be for non-prermit holders. If we found it any other way we were to photograph it, document it, and arrest either the driver of the car or the owner of the weapon. I also agree with you that Ohio does have some strange laws and rules.

I'm not doubting that you were told to enforce the law in that way.

That's the problem, though. The people who are supposed to enforce the laws are the ones who don't know what the laws are to enforce them correctly.

Unless the law has changed since you were there (completely possible) then at times you could have been illegally arresting someone for not violating the law.

 

[LawDog76]

Well if it makes you feel any better I only every arrested 7 people for possesion of a firearm but charged them under ORC 2923.13 (Having weapons while under disability). 5 were drug related crimes and 2 had D.V convictions.

 

[308jake]

I went to college in MN and had to go thru several states that did not honor my IN permit so I unloaded the gun, put a lock on it or on the case, put ammo in glove box, gun in trunck and magazine under the seat or in the back seat. Maybe overkill but I didnt want to goto jail in IL, WI or MN.