Toledo, Ohio CCW Laws


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fspitzdorf
June 12, 2007, 05:02 PM
I've read through the Ohio information at Packing.org but I am still unclear as to what is legal and what is not in Toledo. Especially so with the new concealed carry laws that went into effect last year. Since I live near the Ohio / Michigan line and visit Toledo and surrounding suburbs regularly I feel it important to be versed in differences from my home state of Michigan.

As an example, my carry gun is a 2" J frame (mod 60) S&W... Is that still illegal in cities such as Toledo with "Saturday Night Special" laws?

As for carry in a vehicle. Is the latched lid center counsel of my pickup a legal place to carry my holstered revolver if I so chose or must I keep it on my person?

Would someone clarify or hit on the high points so I don't end up behind bars South of the border?

Thanks eh :D

J

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Ratzinger_p38
June 12, 2007, 05:36 PM
Especially so with the new concealed carry laws that went into effect last year.

Actually, they were passed last year, but didnt go into effect until March.

The laws should be universal with any other town, far as I know. Yes, a latched lid is fine, as are buckeled, locks etc. Im sure you know we are an open carry state as well.

def4pos8
June 13, 2007, 11:18 PM
A LATCHED lid console is not sufficient. It must be a LOCKED container. My Ranger pickup is similar: the glove box latches but has no lock. I purchased (for $30) a lock box that is secured to the vehicle by a cable. Good news: a holstered firearm on your person is now considered to be "in plain view" even if concealed beneath clothing. We continue to be obliged to notify any officer, acting in his/her official capacity, first/immediately that we are CCW permit holders and our current status (armed or not armed). The new law is posted at the Ohio Attorney General's website.

Gray Peterson
June 13, 2007, 11:25 PM
Assuming for a moment you have a Michigan CPL, and that Ohio has a reciprocity agreement, you may legally carry openly (in a holster) any handgun that is legal by Ohio state law.

3 gun
June 13, 2007, 11:58 PM
Transporting in Motor Vehicles
The transportation of loaded, concealed handguns in motor vehicles is
permitted, but strict obligations are imposed by the law to protect you
and law enforcement. These obligations apply to drivers and occupants.
These obligations do not apply if you are not transporting a loaded,
concealed handgun inside the vehicle.
You may not have a loaded handgun in the vehicle if you are under the
influence of drugs or alcohol. You may not transport a loaded, concealed
handgun in a vehicle unless it is carried in one of the following ways:
The loaded handgun is in a holster secured on the person. Ohio law
previously required carrying firearms in holsters in plain sight. The
“plain sight” provision has been removed from the law.
NOTE: Under the law, a law enforcement officer has the authority to
take the handgun from you during a traffic stop or other encounter. It
will be returned upon completion of the stop and encounter.
WARNING:
If you are planning on carrying a concealed handgun while driving:
Have your concealed carry license and another piece of valid
government identification in your possession.
Make sure the handgun is:
In a holster secured on your person, or
In a closed case, bag, box, or other container that is in plain sight and
has a closing mechanism such as zipper, snap or buckle, or
Locked in your closed glove compartment, or
Locked in a case.
If you are pulled over and you are carrying a concealed handgun:
Before the officer approaches, roll down your window and place your
hands in plain view on the steering wheel.
Calmly tell the officer that you have a license to carry a concealed
handgun and that you have your handgun with you. Ask if the officer
has particular instructions concerning the handgun.
Do not touch or attempt to touch your handgun unless specifically told
to by the officer.
Do not exit your vehicle unless specifically told to by the officer.
Comply with all lawful orders given by the officer.
If you are a licensee and are not carrying a concealed handgun, this
section does not apply to you.
In addition to the concealed carry prohibitions detailed above, Ohio
has strict laws concerning firearms in a vehicle. If you DO NOT have a
concealed handgun license, you may not transport a loaded handgun in
any manner where it is accessible to anyone inside the vehicle without
leaving the vehicle. If you DO NOT have a license, you may not
transport a firearm in a vehicle unless it is unloaded and carried in one of
the following ways:
In a closed package, box or case;
In a compartment that can be reached only by leaving the vehicle;
In plain sight and secured in a rack or holder made for that purpose;
In plain sight with the action open or the handgun stripped, or, if the
firearm is of a type in which the action will not stay open or cannot
easily be stripped, in plain sight.

That is taken from the Ohio CCL handbook updated as of March 14 2007. You can check http://www.ag.state.oh.us/le/prevention/concealcarry/index.asp for up to date info.

MeanStreaker
June 14, 2007, 11:21 AM
fspitzdorf,

As others have said, Ohio passed its preemption law that went into effect on March 14. This means that now all local city/township laws that were more restrictive than state law are wiped from the books. So your J-frame is fine. Come on down!

As for vehicle carry, there are three ways that you can carry a loaded handgun in Ohio:

1) In a holster, with that holster on your person.

2) In a locked glovebox. This is tricky because there is case law in Ohio that says a "glovebox" is only the standard one in the dash. Not a box installed under the seat, and not a center console.

3) In a container that has some closing mechanism. If the container is unlocked, it has to be in plain sight. Now, some people say that logically, a center console with a latching lid counts as a "container", and I agree with them (IANAL), but it has yet to be proven anywhere. To be safe, I would recommend getting a separate container. Throw a day planner in the car, borrow one of your wife's old purses or something, etc.

The other really big change in Ohio law is that you can't carry anywhere that has a Class D liquor license and is dispensing for consumption... unlike Michigan. We're still working on that one. :)

Feel free to PM me if you have any other questions, or check out the OFCC links in my signature for a community of people well versed in Ohio's sometimes crazy gun laws.

fspitzdorf
June 14, 2007, 11:53 AM
Thanks for all of the replies... that pretty much clears it up for me. Only item I have to get used to is not using the center counsel of the F150 as my storage container as I do North of the border. IWB is uncomfortable when traveling, at least for me...

J

BB62
June 14, 2007, 12:14 PM
A LATCHED lid console is not sufficient. It must be a LOCKED container...

def4pos8,

This is 100% wrong.

You need to look at the handbook from the AG much more carefully, for your own sake.

I suggest you re-read it because there may be other sections you are not clear on which may get you or someone else in real trouble.


Also, while in a vehicle a concealed firearm on the persons person is not considered "in plain view" - the law says nothing of the sort. The definition of plain sight wasn't changed - what was done was the "plain sight" wording was dropped from "on the persons person" portion of the legal methods of vehicle carry.

Now, a handgun on a persons person merely has to be in a holster, not as previously in a holster in plain sight.


BB62

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