Hello, and thank you in advance for your time. I have made several attempts by phone to contact my local representative about my questions, and have recieved no response to date. (Jeff Eichhorn - 513-xxx-xxxx)
My questions are concerning the portion of the Ohio CCW law that deals with carrying in a motor vehicle. The law uses the term 'plain sight', and it is left at that. It leaves one confused, as I was under the impression that the term 'plain sight' in a legal sense refers to any place a law enforcement or government official has the legal right to look. For instance, if a search warrant is being served on a house, and a bag of cocaine is found in a drawer that the officer/ agent had a legal right to open, then the bag is said to have been found in "plain sight".
I find this term seems to be mistaken for "open view" which refers to objects exposed to passers-by or to the public at large. For instance, something lying out on your car seat and spotted by an officer is said to be in "open view". So, according to the current interpretation of the law on the books, if you are wearing your shoulder holster in your vehicle and an officer, believing that you are armed, decides to ask you to step out of the vehicle and conduct a Terry Frisk for weapons, then he will discover your weapon in "plain view" and you will have complied with the law.
It seems that this to me is common sense, and should apply in these terms...am I wrong? Was the law and the current interpretation thereof totaly rewritten for CCW?
Now, the reason I write is that I want to be 100% sure on this issue. I am a law abiding citizen who legally carries a handgun in my vehicle every day. I want no problems if ever stopped by Law Enforcement. I only seek to be 100% legal and compliant.
So, if I carry in a shoulder rig, under my arm, do I have to move or remove clothing to make weapon totally visible every time I get in the car? Won't this enable others to possibly see my weapon as I enter or exit my vehicle? Or, do normal 'plain sight' definitions apply, and I keep weapon covered and promply inform officer? (hands on wheel, ect) It seems a bit strange to have a special license to carry a Concealed Weapon, and have to take drastic steps to make sure that it is Totally Unconcealed every time I enter or exit my vehicle. Please help in this matter.
Thank you.
