Is the new Ohio car law in effect?

[tulsamal]

I live in Oklahoma and have an OK CCW. I'm driving up to Ohio to see my parents. I know my permit is good in Missouri, Indiana, and Ohio. (Notice I left out Illinois!) Since I can never remember which state requires disclosure at a stop, I would just automatically tell a stopping officer that I had a permit and was carrying. But I'm wondering what the current law is in Ohio. I know they started out with that bizarre "in plain sight" rule for when in a car. But they changed it? Is there any special rules I need to know for Ohio or one of those other states?

And then there is Illinois. Since I'm just "in transit" will I be OK if I just take the gun off and put it out of my reach in the back of the car? Unloaded, I suppose. Or am I supposed to take it all apart, put each part in a separate locking container with an impressed wax seal, and also remove the bullets and powder from each round of ammunition?!

I hate driving across a state like that but I'm not going all the way around through Arkansas, Tennessee, and Kentucky!!

Gregg

 

[foghornl]

New changes in Ohio CCW law don't take effect until (IIRC) September 9.

Still have duty to inform LEO on first contact.

OOOPS! I forgot that the 'in plain sight' got eliminated last year.

 

[tulsamal]

So if I roll into the state before September, I'm supposed to remove my handgun from concealment and put it "in plain view?" Are people in Ohio driving around with their 1911's sliding around on the dash or what?!

It seems like it would make every quick trip to the mall into more of an "adventure" than I'm really comfortable with!!

Gregg

 

[71Commander]

There is no longer a plain view regulation. That got eliminated last year. Or the year before.

 

[Kentak]

Put it in a lockable glove box or other locking container if not on your person. Be sure you have your permit readily at hand, but not near your gun so you don't have to go near the gun unless asked to. The cop may choose to secure your gun for the duration of the exchange.

If you need to exit your car with the gun, conceal it. Ohioans do not generally open carry or see open carry in most areas. If stopped by cop in vehicle or on foot you must immediately disclose that you have a weapon concealed on your person or in your car if traffic stopped. Politely ask the officer how he would like you to proceed.

And then, don't even think about moving your hand toward your gun unless directed to do so. Bad mojo.

K

 

[Coronach]

Kentak pretty much as it right.

#1 Rule: On first contact with a LEO, state "Sir, I have a CCW permit and I am carrying."

Your best bet is to put the gun in your glove box and lock it, after making sure nothing else you could possibly need for a traffic stop is in there (DL, registration, insurance card, CCW permit, any associated paperwork). This is, of course, for people who have a valid CCW permit in Ohio or in a reciprocal state, and if it is not being carried on your person. DO NOT PLACE IT "OUT OF REACH" AND UNSECURED IF LOADED, that is, for some reason, hysterically illegal under the CCW law. It needs to be on your person, secured in a container/box, or unloaded. Also, it is a very good idea to have the most recent reciprocity list with you if you're doing the reciprocity thing. Do what I do for air travel: the night before go to the website of the Attorney General (I do it for the TSA and the airline in questin, in my example) and print off the relevant documents. There will probably be a date stamp on the printout, which could prove helpful if someone insists you have an out of date list (happened once at an airline ticket counter: "You don't do it that way anymore? That's funny, I printed this out three hours ago. You did it that way this morning. Why don't I just speak with your manager?").

The law is getting better, step by step. Each time it is revised the same old wailing about blood in the streets and CCW permit holders gunning down state troopers is trotted out, and each time it fails to happen.

We're getting there.

Mike

 

[Justsomeguy]

/quote Or am I supposed to take it all apart, put each part in a separate locking container with an impressed wax seal, and also remove the bullets and powder from each round of ammunition?!


Please don't give them any more ideas.

Illinois requires that for transit your firearm be cased and unloaded. Ammunition location isn't mentioned in the law as long as its not loaded. Your best bet is to unload it, case it, and plop it in your trunk. Also, in Illinois there is no requirement to notify an officer about your gun if ya get pulled over and particularly in the Chicago area your better off just being polite and moving on. What they don't know can't hurt you.

 

[Kentak]

Your best bet is to put the gun in your glove box and lock it, after making sure nothing else you could possibly need for a traffic stop is in there (DL, registration, insurance card, CCW permit, any associated paperwork).

Excellent point, Coronach. I keep the registration, insurance, etc., in a sun visor organizer. Maps and paraphernalia are in the handy door pockets. Only my gun, flashlight, and extra mag are in the glovebox.

K

 

[tulsamal]

This is, of course, for people who have a valid CCW permit in Ohio or in a reciprocal state, and if it is not being carried on your person.

OK, I feel like I'm getting some mixed messages. Why would I _want_ to put the gun in the glove box if the law says I can just keep it concealed on my person? I normally put on a gun when I leave the house and remove it when I get home. Is that OK in Ohio or not?

Gregg

 

[Deanimator]

I normally put on a gun when I leave the house and remove it when I get home. Is that OK in Ohio or not?

In terms of your automobile, yes it is.

There's no reason to remove your firearm while in an automobile, unless you have an actual need. If it is not stored in some kind of authorized container (including the glovebox), it MUST be in a HOLSTER on your body. This can be a pocket HOLSTER, but it must be a holster.

For practical purposes, car carry is now very simple if you wish to carry in a holster on your body.

You MUST notify when interacting with a cop for OFFICIAL business. That means that if you're both in line at the icecream parlor, you DON'T need to tell him you're carrying, UNLESS he wants to question, detain, arrest you, etc. You do NOT have to notify him if you are NOT carrying. Some people insist on doing so, but it is NOT a requirement, despite misinformation on the part of some police officers. I would NEVER notify if not carrying.

 

[tulsamal]

it MUST be in a HOLSTER on your body. This can be a pocket HOLSTER, but it must be a holster.

Hmm, now you have brought up a whole 'nuther issue I hadn't considered. By saying "holster" so strongly, are you saying the law would look on something like a fanny pack as "not a holster?" I ask since my normal carry is a Wilderness Safepacker. A case worn on the belt like a fanny pack and very much designed to be used as a holster.

In OK, the rule is that it be concealed. Period. It doesn't matter if somebody points at your black fanny pack and screams, "I know there is a gun in there!" I was told the general rule was, "can you actually see the gun?" For instance, is it a revolver or an auto? Blue or stainless? Wood or plastic grips? If you can't answer any of those questions, then you can't "see" the gun!

Gregg

 

[Coronach]

IF you have an Ohio DL and you have a CCW permit AND you are NOT carrying, you may wish to inform the officer of your status as a CCW permit holder, but you are not required to do so. Chances are, if you are driving your own vehicle (registered to you), he knows you have a CCW permit before he makes contact with you anyway (it will pop up when he runs your tag, or your license, whichever he does first). Nothing makes you look more aboveboard than saying, "Oh, when you run my license you'll see that I have a CCW permit, but I'm not carrying."

It also does not hurt to let people who drive your car know that they will see that as well.

Again, this is NOT a requirement.

Mike

 

[Coronach]

Hmm, now you have brought up a whole 'nuther issue I hadn't considered. By saying "holster" so strongly, are you saying the law would look on something like a fanny pack as "not a holster?" I ask since my normal carry is a Wilderness Safepacker. A case worn on the belt like a fanny pack and very much designed to be used as a holster.

IIRC, "holster" has a specific legal definition that I am too lazy to look up at the moment. AFAIK, a Fanny Pack that was clearly designed to hold the gun would qualify as a holster for purposes of this section, as long as it is currently attached to you. Just tossing your gun in any old fanny pack may leave you at the discretion of individual officers (read: I wouldn't care one iota as long as you were otherwise legal, but Joe Trooper might get his undies in a knot).

Mike

 

[BB62]

Your best bet is to put the gun in your glove box and lock it, after making sure nothing else you could possibly need for a traffic stop is in there (DL, registration, insurance card, CCW permit, any associated paperwork).

I'm not sure of the time and place to which this suggestion applies, but it is a FELONY to touch your gun while operating your motor vehicle on public byways.

Legal in Ohio in a motor vehicle (same laws apply to motorcycles):
- in a holster on the person's person
- in a locked glove compartment
- in a locked container
- in a closed case, bag, box or other container which has a lid, cover or closing mechanism which must be operated to get to the gun (I'm paraphrasing this one a bit)

After September 9, 2008 the changes the motor vehicle carry are:
- glove compartment okay without being locked
- consoles are specifically okay

For the current law, look here: http://www.ag.state.oh.us/le/prevention/pubs/cc_booket_20080327.pdf, PDF page 16, document page 12.

Two good sources for Ohio information are: www.buckeyefirearms.org and www.ofcc.net

OFCC has forums also.

 

[Coronach]

I'm not sure of the time and place to which this suggestion applies, but it is a FELONY to touch your gun while operating your motor vehicle on public byways.

I'm talking about someone who has a CCW permit and does not want to carry on his person. I'm not talking about moving it from place to place while in transit.

Mike