Ohio gun laws


PDA






357wheelgunner
October 14, 2008, 06:04 PM
I might be moving to Ohio sometime in the future, and was curious if someone could go over the gun laws there.

I already called the DA office and they said that my PA and TN permits won't work, I'm in the process of getting a Florida permit because it will be valid for 5 years, and is actually less of a hassle to get than an in-state Ohio permit.

I'm basically concerned about how I can legally keep a gun in my car until I get my permit, and if they have the Castle Doctrine in effect.

Thanks in advance...

If you enjoyed reading about "Ohio gun laws" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Duke Junior
October 14, 2008, 08:23 PM
Here you go:

www.handgunlaw.us

Ohio Must Notify Officer: Yes
Wildlife Management Areas State/National Forests State Parks Road Side Rests
YES YES YES YES
All Buildings Off Limits All Buildings Off Limits All Buildings Off Limits
Stun Weapons Restrictions
Sec. 2923.126. (B) … prohibited places. Note: The new Ohio Law has not been added to Statutes
that Ohio Keeps online.
From the Ohio Attorney General
The law sets forth several places where your license does not allow you to carry a handgun. Under the
law, you may not carry a concealed handgun into the following places:
• Police stations
• Sheriffs’ offices
• Highway Patrol posts. Premises controlled by the Ohio Bureau • of Criminal Identification
and Investigation.
• Correctional institutions or other detention facilities
• Airport terminals or commercial airplanes.
• Institutions for the care of mentally ill persons.
• Courthouses or buildings in which a courtroom is located.
• Universities, unless locked in a motor vehicle or in the process of being locked in a motor vehicle.
• Places of worship, unless the place of worship permits otherwise.
• Child daycare
centers.
• Licensed DLiquor
Permit premises in which any person is consuming liquor. Concealed firearms are
banned in premises for which a D permit has been issued or in an open air arena for which a permit of
that nature has been issued. There are some exceptions to this prohibition. The prohibition does not
apply to principal holder of D permit as long as principal holder is not consuming liquor. The
prohibition does not apply to an agent or employee of the principal holder who is also a peace officer
who is also off duty. Possession of a concealed firearm is allowed in a retail store with a D6
or D8
permit as long as concealed carry license holder is not consuming liquor. Class D permits are generally
issued to an establishment that sells alcohol for consumption on the premises. In any event, be certain
of the type of permit and whether liquor is being consumed before you enter with a concealed
handgun. Government facilities that are not used primarily • as a shelter, restroom, parking facility for
motor vehicles, or rest facility and is not a courthouse or a building or structure in which a courtroom
is located.
• School safety zones.
www.handgunlaw.us 13
A “school safety zone” includes a school, school building, school premises, school activity, and school
bus. For purposes of this statute, a school includes everything up to the property boundary. The law
generally forbids the carrying of a handgun in a school
safety zone unless all of the following apply:
You do not enter a school building, premises or activity; and
You have a concealed carry license or temporary emergency license; and
You are not otherwise in one of the forbidden places listed above and detailed in R.C.
2923.126 (B); or
You are a driver or passenger in a motor vehicle immediately in the process of picking up or
dropping off a child, and you are not otherwise in violation of the laws governing
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 storing a firearm for any lawful
purpose and it is not on your person or you are lawfully storing or possessing a firearm in your home.
You may not have a loaded handgun in the vehicle if you are under the influence of drugs or alcohol. If
you have a concealed carry permit, 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 a holster in plain sight. The “plain sight”
provision has been removed from the law.
• 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, or
• The loaded handgun is securely encased by being stored in a closed, glove compartment or console,
or in a case that is locked. Motorcycles fall under the definition of motor vehicles. Thus, the same
requirements apply to licensees who carry a handgun while on a
motorcycle.
Traffic Stops and Other Law Enforcement Encounters
If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun
as a CCW licensee, whether in a motor vehicle or not, the person shall keep his or her hands in plain
sight at all times, unless in accordance with directions given by any law enforcement officer. Violating
this section of law is a first degree misdemeanor, and in addition to any other penalty handed down by
a court, shall result in the suspension of the person’s concealed handgun license for one year.
NOTE: So far, the Ohio Supreme Court has not defined the term “plain sight” precisely in the context
of carrying a concealed handgun. However, in other contexts, courts have generally held that the term
“plain sight” is a common sense term that means clearly visible or unobstructed. Plain sight applies to
your hands and other objects.
If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun
as a CCW licensee, whether in a motor vehicle or not, the person shall not have or attempt to have any
contact with the handgun, unless in accordance with directions given by a law enforcement officer.
Violating this law is a felony. If a person is stopped for a law enforcement purpose and if the person
is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, the person shall
not knowingly disregard or fail to comply with any lawful order given by any law enforcement officer.
Violating this law is a first degree misdemeanor and may result in the suspension
www.handgunlaw.us 14
of the person’s concealed handgun license for two years. However, if at the time of the stop the law
enforcement officer or an employee of a motor carrier enforcement unit who made the stop had actual
knowledge that the licensee has had a CCW license, then the person’s CCW license shall not be
suspended for a violation of 2923.16 (E) (3). The CCW licensee’s violation will be considered a minor
misdemeanor. If the CCW licensee surrenders the firearm, then the following applies:
(1) If the firearm is not returned at the completion of the stop, the law enforcement officer is required
to return the firearm in “ the condition it was in when it was seized.”
(2) If a court orders the firearm’s return and the firearm has not been returned to the licensee, the CCW
licensee can claim reasonable costs and attorney fees for the loss and the cost of claiming the firearm.

hksw
October 14, 2008, 08:44 PM
Here are the actual revised codes.

http://codes.ohio.gov/orc/2923

Henry Bowman
October 14, 2008, 11:35 PM
I'm basically concerned about how I can legally keep a gun in my car until I get my permit, you can't, unless it is unloaded and locked away. and if they have the Castle Doctrine in effect.Yes.

SMMAssociates
October 15, 2008, 12:37 AM
wheelgunner:

Welcome aboard....

OH's CHL law is only a bit over four years old, and there are a lot of silly things in it. Drop by http://www.ohioccw.org/ and/or http://www.buckeyefirearms.org/ to meet a lot of people who can help. These two organizations are competing, and it's bad form to talk about one on the other.... Don't ask.... :fire:

There's a link on the OFCC board (at ohioccw.org) to the Ohio Attorney General, and from there you can find our CHL "booklet" - read it....

The biggest zinger you may run into is the large number of CPZ's - "Criminal Protection Zones" - places where the State or the owners have declared themselves off-limits. Best advice is to stay the heck out, but you may see "unless authorized by law" on the signs. If it's an "enumerated" CPZ - like a Police Station or Courthouse, that's NOT us.... If it's a private posting, it's hard to say - we've been arguing about that since 2004....

The only rule on signage is "conspicuous", but signs themselves aren't required. In short, if you know that a building is a CPZ, you're obligated to stay out.

Class D - restaurants that serve liquor - are NOT required to post in any way. We're supposed to know....

You are also required to IMMEDIATELY notify an LEO if stopped. Naturally, "immediately" isn't defined.

Vehicular carry is "in a holster, on your person", or in a number of "boxes"-ish methods. It's in the booklet. Just no "Mexican", and you can't just stick it between (or under) the seats.

Open Carry is legal, but politically incorrect, and there are no rules about "printing".

That oughta hold you :D....

Regards,

Duke Junior
October 15, 2008, 01:53 AM
Can't we all get along?(Rodney King,1992) and not be infringed(US Constitution,2nd Amendment,1791?:D)
No,bad thought,Duke stand in corner.

SMMAssociates
October 15, 2008, 02:10 AM
Duke:

Wish I didn't have to mention that "competing organizations" thing, but it's one of those things a new member may put his foot in. Easier to warn 'em.

(Although it can be fun to watch :).)
Regards,

evan price
October 15, 2008, 02:41 AM
Stu: You are a very bad man. :)

Anyway, c'mon over to
http://ohioccwforums.org/
and check us out. It's really not that hard to get a CCW in Ohio, just sign up for a class and then send in your paperwork. Generally speaking you can be set within 30 days from the day you sign up for your class as long as you don't have a whole bunch of different residences in different states to query.

As already was mentioned, the new CCW law SB184 cleared up a lot of stuff but pretty much made it totally illegal to carry a loaded gun in the car (and loaded means, a loaded magazine or ammo is accessible to the occupants, in Ohio). Clarification: This refers to NON-CCW only!

We are working on fixing our CCW laws as quickly as we can, please bear with us, we've only been allowed to express our rights since 2004.

SMMAssociates
October 15, 2008, 02:56 AM
Evan:

I ain't that bad :D....

Otherwise, +1.

Regards,

71Commander
October 15, 2008, 07:27 AM
I thought Ohio did away with the "No guns in rest area" law:confused:

All the rest areas on 75 still had the signs posted.

saigafreake
October 15, 2008, 07:48 AM
Dont know if it was covered but using a magazine over 31 rounds in a semi auto except for 22lr is considered an illegal semi automatic machine gun. But u can have all the mags u want ovr 31 rounds.

Deanimator
October 15, 2008, 08:00 AM
As already was mentioned, the new CCW law SB184 cleared up a lot of stuff but pretty much made it totally illegal to carry a loaded gun in the car (and loaded means, a loaded magazine or ammo is accessible to the occupants, in Ohio).
Clarification: This is if you DON'T have a CHL.

If you have a CHL, you CAN have a loaded gun in a car, either in a holster on your body, in your UNLOCKED glove box, the center console, or a CLOSED CONTAINER of some kind, such as a zipped organizer. The requirement to open carry in a car is totally gone. You can carry into turnpike restrooms now. (Don't know about the big rest stops).

There are places with better CCW laws, but there are others which are FAR, FAR worse.

Ohio CCW is shall issue.
You can apply in your home county or any adjacent county.

I got my CHL a couple of weeks ago. It took EXACTLY 30 days. Other than having to list every place I've lived since I was 18(?), it was very painless.

The only really annoying provisions are the few places that make not just stores, but parking areas off-limits, and not being able to carry into restaurants which serve liquor. I expect the latter will eventually go.

evan price
October 16, 2008, 02:48 AM
Deanimator:

Yes, I wasn't CLEAR in my post above, of course I referred to NON-CCW's carrying in a car. Thanks for making it clear to everyone else and covering for me.

SB184 also made it legal to carry your CCW in a school safety zone to drop off or pick up children, as long as you do not exit the vehicle.

As far as big rest areas go, yes, they are also included in the new text as is any other building that is used primarily for a bathroom (which means the Port-O-Lets at the Ohio State Fair are no longer off limits!)

SMMAssociates
October 16, 2008, 03:17 AM
71Commander:

The folks who handle the rest area signs set some kind of record getting them up in 2004, but are apparently waiting until the glue fails to get 'em down.... :fire:

I'm still not sure about the Turnpike Service Plazas, but my guess is that the restaurants could still post, but probably not the whole building. :confused:

Regards,

ditch_dgr
October 16, 2008, 06:38 AM
I traveled from Virginia to Cleveland 3 weeks ago, all the service areas on the Ohio Turnpike were posted with No Gun signs on the doors.

357wheelgunner
October 16, 2008, 05:51 PM
Thanks for the enthusiastic advice guys!

I am confused though....I called the state DA office, and they told me that the gun, and a loaded magazine, were OK in my glove box even without a permit. I've been locking them in my lockable gun vault thing that's tethered to the frame of my car, under the seat. Is this not good enough?

SMMAssociates
October 20, 2008, 07:00 AM
wheelgunner:

Not good advice....

Effective about 9 September, without a license, you can carry ammunition (but not loaded magazines or speedloaders) in a vehicle as long as the gun is in the trunk or otherwise difficult to get to. (No trunk? Locked in the glovebox, with the ammunition elsewhere, probably would fly, but IANAL.)

WITH a license (anything valid in OH), it's "in a holster, on your person", or placed in about anything that has a closure, and loaded is fine. It's not necessary for a lock, although I'd use a lockable container for "storage". "Plain Sight" only seems to apply to the "container" when you're driving.

(The original law ignored women with purses....)


(Forget about primary schools, though. Nothing on the property! Colleges are also "no carry", but you can lock it in the car.)

I think whoever you talked to thought you said "with a license"....

(If you have a trunk, btw, the gun vault probably is NOT enough if you don't have a license good in OH. And certainly not with loaded magazines anywhere in the vehicle.)

I just got corrected elsewhere. The vault is fine IF the gun is unloaded. LOADED is defined as "loaded magazines or speedloaders anywhere in the vehicle.

Regards,

Kentak
October 20, 2008, 01:23 PM
A couple of suggestions which you are free to follow or not, at your peril.

First, here's a link to the official pamphlet on CCW that is required reading for all Ohio CCW applicants. Any info in that trumps advice given on this forum.

http://www.ag.state.oh.us/le/prevention/pubs/200808_ccw_book.pdf

If you don't have a CCW recognized by Ohio, don't bother keeping a gun in your car unless you're doing so to, say, go to a range. Basically, unloaded, not accessible from passenger compartment. A locked gun case in the trunk is best, and, unloaded.

Be sure you understand you *must* inform the officer immediately if you are carrying on your person or in the car (concealed, at hand) if you are stopped in an official capacity. And keep your freaking hands away from your gun unless specifically directed otherwise.

Second, I would urge you to go through the Ohio process and get an OH permit. Yes, it's expensive and time consuming for the training, but I, myself, would not rely on an out of state permit for an extended period of time. That's just me, tho.

K

Kentak
October 20, 2008, 01:34 PM
Regarding castle doctrine. Varies from state to state. Read the specific ohio law.

One paragraph from the pamphlet referenced above:

The presumption of self-defense is a rebuttable presumption. The
term “rebuttable presumption” means the prosecutor, and not the defendant,
carries the burden of producing evidence contrary to the facts that
the law presumes. However, a rebuttable presumption does not relieve
the defendant of the burden of proof. If the prosecutor provides sufficient
evidence to prove that the defendant created the confrontation
or that the use of deadly force was not reasonably necessary to prevent
death or great bodily harm then the presumption of self-defense no longer
exists.

You can never use lethal force to protect property alone. The castle doctrine does not give carte blanche to shoot anyone in your home illegally absent the need to defend life and limb. It just states that there is no duty to retreat. Shoot an unarmed burglar in the back headed out the door with your stereo and you will be very, very sorry.

I called the state DA office, and they told me that the gun, and a loaded magazine, were OK in my glove box even without a permit. I've been locking them in my lockable gun vault thing that's tethered to the frame of my car, under the seat. Is this not good enough?

First part, absolutely not. Second part, I would say only if you don't have a trunk. In that case, make sure the gun is unloaded and no loaded mags or speed loaders.

K

71Commander
October 20, 2008, 02:37 PM
Can I carry two loaded guns in my truck? I usually keep my 1911 on me and a Keltec in the console.:uhoh:

Deanimator
October 20, 2008, 02:59 PM
Can I carry two loaded guns in my truck? I usually keep my 1911 on me and a Keltec in the console.
As long as you have a CHL (or recognized equivalent from another state), and obey the state law, you can have ten if you want.

SMMAssociates
October 20, 2008, 02:59 PM
71Commander:

You can carry a dozen if you've got a license valid in OH.

But each must be carried within the rules. There was some confusion about consoles, but I think the latest rules would cover you adequately. (The law used to define the glovebox specifically and sort of say "only", but that got changed.)

Regards,

71Commander
October 20, 2008, 03:05 PM
One more question. If it's in the console, does it have to be in a holster or can I lay it on a towel?

Thanks, Tucker.

SMMAssociates
October 20, 2008, 03:47 PM
71Commander:

(Let's see if Deanimator beats me :D.)

Doesn't matter....

If you're wearing it, it must be in a holster. What they're trying to avoid is Mexican carry, under the seat, or stuck between seat cushions.

Regards,

Deanimator
October 20, 2008, 04:49 PM
If you're wearing it, it must be in a holster. What they're trying to avoid is Mexican carry, under the seat, or stuck between seat cushions.
That's correct. If I KNOW I'm going some place for a short time that doesn't allow carry (Post Office for example), I'll just put my S&W Model 36 in a DeSantis "Nemesis" pocket holster and carry that. When I get where I have to disarm, I just pull holster and all out of my pocket and put them in the glove box. When I'm done I just put the whole thing back in my pocket. It works very well.

If you enjoyed reading about "Ohio gun laws" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!