Ohio Car Carry

R

Roland Thunder

New member
I will be traveling through Ohio in my car. I have a Georgia ccw but GA does NOT reciprocate with OH. The car carry law in OH for non permit holders reads like this

If you are NOT a concealed carry permit holder you must carry firearms per ORC 2923.16(B)
ORC 2923.16(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.

I do not have a trunk, I have an SUV so technically, I can get to the rear compartment without leaving the car. I do not have a "rack or holder made for the purpose" (#3). I do have a gun safe, I guess I could bring that.

Any other ideas?
 
Graving cross country with handguns

Ccw' do allow interstate travel provided the state your in honors your CCW lis. Beware tho it is against federal law to carry a handgun across state lines without an FFL or ccw. FFL is not a carry permit so you have to follow car transport laws. I'd look up the federal law on ccw transport. Entering a non ccw state would be against state law and may fall into a federal violation too.
 
Ccw' do allow interstate travel provided the state your in honors your CCW lis. Beware tho it is against federal law to carry a handgun across state lines without an FFL or ccw. FFL is not a carry permit so you have to follow car transport laws. I'd look up the federal law on ccw transport. Entering a non ccw state would be against state law and may fall into a federal violation too.
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None of that is even remotely true

To the OP, I'd get a cheap locking case and put it in the rear of the SUV
 
Indeed.

If you are NOT a concealed carry permit holder you must carry firearms per ORC 2923.16(B)
ORC 2923.16(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.
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Quote:
Entering a non ccw state would be against state law
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Only if you carry the gun concealed.

Federal law allows you to transport guns through any state if it's legal to have it at your end destination, when unloaded and locked away from immediate access
 
Aside from being unloaded it only has to be carried in ONE of the listed ways.

A closed case does not have to be a "locked" gun case. A brief case or suitcase or soft pistol case zipped up is fine in Ohio, but you might want something that locks for the sake of other states you may travel through.

If you do not have an inaccessable "compartment", you can't transport it "uncased". Put it in some kind of "case" and put it in the back of your vehicle and you are fine.

The only clincher was that Ohio used to consider a gun "loaded" if you had a magazine or speed loader with ammo in them, even when not in the gun. That has recently changed, but LEOs aren't always up to speed on those changes so do not put your ammo in the same container as the gun.

Even though you could technically get out of your seat and climb over the seats and access something in the back of an SUV, it would still be considered inaccessable.
 
Federal law allows you to transport guns through any state if it's legal to have it at your end destination, when unloaded and locked away from immediate access
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Important to keep in mind that while this may be true... it is an affirmative defense. It is not something that printed on a laminated card will make the LEO leave you be at the road side to go on your merry way. It is something that works well when you are before the judge.

If you wish to bring your handgun into or through Ohio, simply put it in any case with some method of closure and place it in the back where occupants cannot readily put their hands on it. No ammo in the container and none in stripper clips, magazines or speed loaders.

The case can be as simple as a zippered gun rug with the zipper zipped shut. No need to swipe the bedroom gun box for this trip.
 
Sec. 2923.16. (K)

(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.
www.handgunlaw.us 6

(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.
 
Ccw' do allow interstate travel provided the state your in honors your CCW lis. Beware tho it is against federal law to carry a handgun across state lines without an FFL or ccw. FFL is not a carry permit so you have to follow car transport laws. I'd look up the federal law on ccw transport. Entering a non ccw state would be against state law and may fall into a federal violation too.
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Not quite right. It's against various STATE laws to enter some states with a concealed firearm without a license recognized by that state. If it is unloaded and cased it's mostly OK except some states, such as NYS where you may not stop in NYS with a handgun without a NYS license. If it is unloaded and cased you may pass through without stopping. In PA if you have any state permit you may stop there but cannot step out of you vehicle with a concealed firearm. In PA you can open carry without any license except in the city of Philadelphia.

As you can see a lot depends on that particular state's law.

There is no federal law that says you can't travel to another state with a firearm.

There is a federal law that says you can't purchase and take possession of a pistol in any state other than your state of residents.
 
Just to belabor the obvious, the OP wrote that he will be traveling "through" Ohio. That means the FOPA applies.

18 U.S. Code § 926A - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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Sorry for going off topic......... On the Buckeye Firearms site, it won't let me view part V, reduction of CHL training. I can view the other parts, but not that one. Any idea why?
 
Most I know in this situation put a blanket over the gun in their SUV.
Those a little more cautious put it in a cheap plano rifle case and put a blanket over that.
The super paranoid will put a lock on the case.

A plano case behind the seat of a pickup in a standard cab isn;t abnormal and that is fairly accessible.

Yes, I am in Ohio.
 
Why are you worried? As long as you don't get pulled over, normally not a big deal. I would put it in the back of you SVU in a case, then put ammo in glove box locked. You will be fine that way. Do not load any ammo in speed loader, or mags.
 
"As long as you don't get pulled over,...."

Or be involved in an accident.

There's no shortage of over-zealous LE or prosecutors. All it takes is one time and you've lost some of your rights for life. Why risk it, when a cheap lock on a cheap case will solve a problem.
 
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