I will be traveling to Ohio (from my current residence in Arizona) over the holidays. Looking to carry my Glock 21 in the most legally accessable manner for self defense I went to the O.Highway Patrol web sight which had a link to Ohio Revised Code. I spent much time trying to figure out what was allowable in the police state I left some 15 years ago.
What I found was ORC Section 2923.16 which appeared to say that (as well as other options) as long as my pistol is in "plain sight," "unloaded," and with "action locked open." all was hunky-dory.
I called several Ohio police agencies including five highway patrol posts, a sheriff's office and a police department, and guess what? They couldn't agree on what the law meant. The minority opinion was that all would be cool if, instead of having my loaded magazine on my person, or on the seat, I should lock it in the glove box (the key must be on the key ring and not quick-detachable) ...how anal.
After I read the law to them, one post confered with their supervisor and agreed that "the letter of the law would allow you to have the loaded magazine, but it would be up to the discression of the officer."
The Dayton and Hamilton posts most strongly agreed with me and mentioned, but could not name, two court cases which the State of Ohio lost. They even have a training video at that division which says as much.
Nowhere in Ohio code does it define what loaded weapon is other than for a muzzle loader (powder in pan or cap on nipple). There is nothing in statute to say a loaded magazine equals a loaded gun.
I have my lawyer father agreeing with me also and has mailed a few court cases for me to look over here in Arizona.
I e-mailed the Highway patrol for their view on the issue and they referred me to the same statute which I supplied them in my e-mail. In essence, they refused to comment.
Any opinions?
For your reading pleasure.
Section 2923.16
General Assembly: 122.
Bill Number: Sub. House Bill 275
Effective Date: 12/31/97
(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 it is unloaded and 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) 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.
later,
Rick
------------------
"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American." Tench Coxe 2/20/1788
[This message has been edited by RickD (edited November 19, 1999).]
What I found was ORC Section 2923.16 which appeared to say that (as well as other options) as long as my pistol is in "plain sight," "unloaded," and with "action locked open." all was hunky-dory.
I called several Ohio police agencies including five highway patrol posts, a sheriff's office and a police department, and guess what? They couldn't agree on what the law meant. The minority opinion was that all would be cool if, instead of having my loaded magazine on my person, or on the seat, I should lock it in the glove box (the key must be on the key ring and not quick-detachable) ...how anal.
After I read the law to them, one post confered with their supervisor and agreed that "the letter of the law would allow you to have the loaded magazine, but it would be up to the discression of the officer."
The Dayton and Hamilton posts most strongly agreed with me and mentioned, but could not name, two court cases which the State of Ohio lost. They even have a training video at that division which says as much.
Nowhere in Ohio code does it define what loaded weapon is other than for a muzzle loader (powder in pan or cap on nipple). There is nothing in statute to say a loaded magazine equals a loaded gun.
I have my lawyer father agreeing with me also and has mailed a few court cases for me to look over here in Arizona.
I e-mailed the Highway patrol for their view on the issue and they referred me to the same statute which I supplied them in my e-mail. In essence, they refused to comment.
Any opinions?
For your reading pleasure.
Section 2923.16
General Assembly: 122.
Bill Number: Sub. House Bill 275
Effective Date: 12/31/97
(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 it is unloaded and 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) 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.
later,
Rick
------------------
"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American." Tench Coxe 2/20/1788
[This message has been edited by RickD (edited November 19, 1999).]
