dcoop
Member
Sandusky is notoriously liberal. (as is most of northern Ohio) That’s why he was arrested. I live in Southern Ohio (Clermont) and never had an issue.
(OH) Gun toter charged despite license
- Thread starter Drizzt
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SWMAN
Member
I'll bet they never noticed the weapon on your hip.
Henry Bowman
Senior Member
In addition to all of the above listed by Coronoch, it is also quite possible that
...the guy was being jerk about having the gun and jamming it into a pocket that wouldn't safely hold it.
...the guy was sweeping people with the muzzle. Some people here here on THR fall apart at the though of being swept when guns are handled at a show or in a store. Not disagreeing with them, but odds are those really are unloaded. In this case, it almost certainly was loaded.
...the guy was in his car with a loaded gun, unholstered and not in a locked box or glove compartment. It says it was in a console compartment. That is not legal. An officer might have cut him a break, except that he (see above) may have been acking like a jerk and handling the gun in the presence of the officer (another illegality in OH), etc.
The printed story, even if presumed accurate, lack enough information to draw any reliable conclusion.
Some facts relevant to this case:
Open carry is legal in Ohio, and it doesn't look like the charge is related to open carry.
When carrying on your person in a vehicle, the gun must be in a holster. Concealed or plain sight no longer matters. Pocket carry in a vehicle isn't good enough.
If the gun is not on your person it must be in a container that has some type of closing mechanism that must be purposefully opened in order to access the gun. This can be a case with a zipper, a box with a latched lid, etc..., and the container must be in plain sight. If it is in the glovebox it must be locked.
The charge probably resulted from the gun being placed in a non-locking glovebox or console. If the officer(s) had observed the man moving the gun into or out of a pocket while in the vehicle without use of a holster, that would also probably have resulted in a charge for improper handling.
We'll have to wait and see what details eventually come out regarding the actual charge. Hopefully either the charge is legit and justifiable according to the revised law, or the charge will be dropped if not.
Open carry is legal in Ohio, and it doesn't look like the charge is related to open carry.
When carrying on your person in a vehicle, the gun must be in a holster. Concealed or plain sight no longer matters. Pocket carry in a vehicle isn't good enough.
If the gun is not on your person it must be in a container that has some type of closing mechanism that must be purposefully opened in order to access the gun. This can be a case with a zipper, a box with a latched lid, etc..., and the container must be in plain sight. If it is in the glovebox it must be locked.
The charge probably resulted from the gun being placed in a non-locking glovebox or console. If the officer(s) had observed the man moving the gun into or out of a pocket while in the vehicle without use of a holster, that would also probably have resulted in a charge for improper handling.
We'll have to wait and see what details eventually come out regarding the actual charge. Hopefully either the charge is legit and justifiable according to the revised law, or the charge will be dropped if not.
I agree on the wait and see. There are very few specifics to go on here other than the sketchy news report, and you know how unreliable they are. I would want to see the incident report and actual charges before saying A or B was in the wrong.
K
K
The charges have not been dropped. He had an arraignment hearing on 4/2 and has a "plea hearing" scheduled for 4/10. The Sandusky Municipal Court docket is available online.
If he had kept the gun in his pocket, he would never have been arrested. Ohio has no law specifying how a gun is carried outside a car. A licensee can carry as many guns as he wants in any manner he wants.
Ohio has very specific requirements for carrying a loaded gun in a motor vehicle:
1. In a holster on your person.
2. Locked glovebox or other locked case.
3. A closed, but unlocked case (purses, briefcases, etc.) which must be in plain sight.
The story says the officer found the gun in a "dashboard console". If it doesn't meet the definition of "locked glovebox" then the law was violated.
I bet the guy realized his gun had been spotted in his pocket and in a moment of unthinking panic, he put it in his car. Since he had a concealed handgun license, he would have been completely legal if he had just kept it in his pocket.
If he had kept the gun in his pocket, he would never have been arrested. Ohio has no law specifying how a gun is carried outside a car. A licensee can carry as many guns as he wants in any manner he wants.
Ohio has very specific requirements for carrying a loaded gun in a motor vehicle:
1. In a holster on your person.
2. Locked glovebox or other locked case.
3. A closed, but unlocked case (purses, briefcases, etc.) which must be in plain sight.
The story says the officer found the gun in a "dashboard console". If it doesn't meet the definition of "locked glovebox" then the law was violated.
I bet the guy realized his gun had been spotted in his pocket and in a moment of unthinking panic, he put it in his car. Since he had a concealed handgun license, he would have been completely legal if he had just kept it in his pocket.
therealsteamer
Member
Having been raised in Louisiana and now transplanted to Ohio I have dealt with a few odd issues in this realm:
In La. you are not allowed to carry a CCW in a pocket alone the firearm must be in a holster for carry ( I just got off the phone with my father hand had him read to me from his paperwork...) There is no distinction or reference made to the attache's to womens purses that have compartments (not holsters) built into them for a CCW... Also the firearm must remain concealed!
He has been approached in public for "printing".
Back home in La. I have been detained for legal open carry... I was doing rental equipment delivery in a known BAD part of town... The SPD informed me that since someone called me in as a man with a gun I had essentially "incited panic" and could be arrested for that... I guess I was lucky as the caller gave no personal information and could not be contacted as to my "conduct at the time of the call..." (I was at a church, who's pastor did not object, of all places too)
I have been told by a friend on the local Sheriff's Dept. here in Ohio that there is the possibility of the same situation happening up here... Not that he personally would make an issue of it. But, "Not all guys at the office think alike..."
In La. you are not allowed to carry a CCW in a pocket alone the firearm must be in a holster for carry ( I just got off the phone with my father hand had him read to me from his paperwork...) There is no distinction or reference made to the attache's to womens purses that have compartments (not holsters) built into them for a CCW... Also the firearm must remain concealed!
He has been approached in public for "printing".
Back home in La. I have been detained for legal open carry... I was doing rental equipment delivery in a known BAD part of town... The SPD informed me that since someone called me in as a man with a gun I had essentially "incited panic" and could be arrested for that... I guess I was lucky as the caller gave no personal information and could not be contacted as to my "conduct at the time of the call..." (I was at a church, who's pastor did not object, of all places too)
I have been told by a friend on the local Sheriff's Dept. here in Ohio that there is the possibility of the same situation happening up here... Not that he personally would make an issue of it. But, "Not all guys at the office think alike..."
Ohio law sadly still has felony traps.
Despite 347 becoming law, Ohio transport laws are still troublesome. Ken Hanson, legal chairman for Buckeye Firearms Association just did an article on this subject. Tim
http://www.buckeyefirearms.org/article3646.html
We are working on solutions with the legislature. We can always use help.
Despite 347 becoming law, Ohio transport laws are still troublesome. Ken Hanson, legal chairman for Buckeye Firearms Association just did an article on this subject. Tim
http://www.buckeyefirearms.org/article3646.html
We are working on solutions with the legislature. We can always use help.
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