Vehicle Transportation

Carry Gun in Vehicle—THE LAW 2015
 
The below information was obtained from different articles from Buckeye Firearms web site.

It changes constantly, so please look up the current info yourself for verification.
Check RSS News page for updated information.

 

BACKGROUND of CCW LAW

Ohio’s CONCEALED HANDGUN LAW became law in 2004.  To become law the bill had to overcome a veto by then Governor Bob Taft.  The Ohio House and Senate who despite all the vocal disdain for the NRA went to the NRA and asked what they thought would be a good solid foundation for the training of a citizen who may want to carry a concealed handgun in Ohio.   What you are taking now is the compilation of that blending of the NRA and politicians of Ohio. 

Ohio is a “shall issue” state.  That means that if you are in the U.S. legally, resident of Ohio for 45 days, and in the county of your legal address for 30 days, and

Be 21 years of age on the date of your application and;

  1.    Not be under indictment or charged with a felony or drug offense, misdemeanor offense of violence, or negligent assault, or a violation of O.R.C. 2923.1211 (altering a concealed handgun license or being in possession of a license that is revoked)
  2.    Drug offense (includes minor misdemeanor possession of marijuana) or assault on a law enforcement officer.  In the last three (3) years that you have no conviction of violence whether it be a felony or misdemeanor, and no conviction for assault or negligent assault and in the past 5 years. In the last Ten (10) years no convictions for resisting arrest.
  3.    Not be adjudicated mentally defective, and not be the subject of a protection order from this or any other state. Ohio no longer denies a CHL for a conviction that has been sealed or from which an applicant that has been restored to firearm rights.

 

NEW LAW Effective 3/23/15
HOW YOU CAN AND CANNOT CARRY A FIREARM IN A CAR

 

Transporting in Motor Vehicles

 

  1. A concealed handgun license holder may transport a loaded, concealed handgun in a motor vehicle.
  2. You may not have a loaded handgun in the vehicle if you are under the influence of drugs or alcohol.

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 is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall promptly inform the law enforcement officer that he is carrying a concealed handgun. If in a vehicle, the licensee shall remain in the vehicle and keep his hands in plain sight at all times.

Violating this section of law is a first-degree misdemeanor, and in addition to any other penalty handed down by a court, may result in the suspension of the person’s concealed handgun license for one year. A permit holder is not required to inform law enforcement of his status if he is not carrying a firearm.

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 said that the term “plain sight” is a common-sense term that means clearly visible or unobstructed.

If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor  vehicle or not, he 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 and may also result in permanent loss of the person’s concealed handgun license.

If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor  vehicle or not, he 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 and may also result in permanent loss of the person’s concealed handgun license.

If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he 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 also result in the suspension 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 ORC 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:

  • 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.”
  • 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.

 

 

 

WARNING: A handgun should always be carried safely and securely. It should be carried so it is not accessible to unauthorized persons. 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.

If you are pulled over while carrying a concealed handgun, you should remember the following:

  1. Before the officer approaches, roll down your window and place your hands in plain view on the steering wheel.
  2. Calmly tell the officer that you have a license to carry a concealed handgun and that you have a handgun with you. Ask if the officer has particular instructions concerning the handgun.
  3. Do not touch or attempt to touch your handgun unless specifically told to by the officer.
  4. Do not exit your vehicle unless specifically told to by the officer.
  5. 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; or
  • If it is a firearm at least 24 inches in overall length and if the barrel is at least 18 inches in length, it must be in plain sight with the action open or the firearm must be stripped. If the firearm is of a type in which the action will not stay open or cannot easily be stripped, it must be in plain sight.

Statutory Reference(s): ORC 2923.16(E) governs how licensees may transport loaded concealed handguns in motor vehicles.

ORC 2923.16(B) and (C) govern how firearms must be otherwise transported in a vehicle

 

AG-Ohio Concealed Carry Law Book NEW for 2015

 

 

Print Print | Sitemap
info©ccw4u2.com Copyright: ccw4u2.com 2007-2017