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Old August 25, 2009, 10:27 PM   #1
cgbills
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Carrying to Ohio

My girlfriend and I are going to a cabin in Ohio. So three questions. First if I carry my 870 in the cab of my truck with rounds in the magazine but not in the chamber, is this considered a loaded firearm? Is a loaded firearm ok to have in the car in Ohio? Second Ohio does not recognize my Indiana carry permit. So if I lock up my unloaded pistol, separate it from the ammunition, then take it to the cabin and keep it loaded in the cabin, is this ok? I do not see how this would be a problem because I am not "carrying" it. Rather it would be in the open behind a closed door. Last what if I took my AR with me and kept a loaded magazine in the car, but did not have it loaded in the rifle? Does Ohio have any weird laws, like Cali, when it comes to semi auto rifles with pistol grips? Any input will help
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Old August 26, 2009, 06:32 AM   #2
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www.handgunlaw.us is a great place to start looking for the info you need.
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Old August 26, 2009, 07:17 AM   #3
Yellowfin
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Ohio is an open carry state, so you can do that.
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Old August 26, 2009, 09:45 AM   #4
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Quote:
Ohio is an open carry state, so you can do that.
Unless the police decide to arrest you for inciting panick, which some departments will do as a matter of policy.

Quote:
First if I carry my 870 in the cab of my truck with rounds in the magazine but not in the chamber, is this considered a loaded firearm?
Yes.

Quote:
Is a loaded firearm ok to have in the car in Ohio?
Not without a permit.

Quote:
Second Ohio does not recognize my Indiana carry permit. So if I lock up my unloaded pistol, separate it from the ammunition, then take it to the cabin and keep it loaded in the cabin, is this ok?
That is the right way for an unpermitted individual to transport a handgun and ammunition in Ohio.

Quote:
Last what if I took my AR with me and kept a loaded magazine in the car, but did not have it loaded in the rifle?
If the rifle or magazine are accessible from inside the car, you may have a problem. You are effectively carrying a loaded rifle.


Quote:
Does Ohio have any weird laws, like Cali, when it comes to semi auto rifles with pistol grips? Any input will help
The state doesn't, but some municipalities do.
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Old August 26, 2009, 09:50 AM   #5
NavyLT
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I thought Ohio was the weird state... you are correct, zukiphile.

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

You want to read sections 2923.12 AND 2923.16

Without a permit you cannot have a loaded firearm in the vehicle AND all rounds must be removed from the magazine to be considered unloaded. That law does NOT apply to rifles, though.

2923.16 Improperly handling firearms in a motor vehicle.
(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

(1) In a closed package, box, or case;

(2) In a compartment that can be reached only by leaving the vehicle;

(3) In plain sight and secured in a rack or holder made for the purpose;

(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(K) As used in this section:

(1) “Motor vehicle,” “street,” and “highway” have the same meanings as in section 4511.01 of the Revised Code.

(2) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.

(3) “Agriculture” has the same meaning as in section 519.01 of the Revised Code.

(4) “Tenant” has the same meaning as in section 1531.01 of the Revised Code.

(5) “Unloaded” means any of the following:

(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question.

(b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.

Last edited by NavyLT; August 26, 2009 at 10:06 AM.
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Old August 26, 2009, 09:51 AM   #6
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Same thing....

Last edited by NavyLT; August 26, 2009 at 09:57 AM.
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Old August 26, 2009, 10:16 AM   #7
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I thought Ohio was the weird state... you are correct, zukiphile.
Indeed. I would not rely only on a reading of Ohio code. What a prosecutor and judge do with the code after you are stopped can be disturbing. Just being right about how the code reads isn't worth the aggravation.

I would have each gun in a locked case and in the locked trunk.
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Old August 26, 2009, 10:21 AM   #8
OldMarksman
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I think I'd just go somewhere else.
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Old August 26, 2009, 12:10 PM   #9
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Unless the police decide to arrest you for inciting panick, which some departments will do as a matter of policy.
And for such they can and should be prosecuted for deprivation of rights under force of law. If they're still doing it they haven't been sued and prosecuted enough.
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Old August 26, 2009, 01:02 PM   #10
cgbills
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After reading the code, this is the scenario I am thinking. Tell me if you see an error with it. Also please note I have a regular cab truck. Transport the shotgun behind the seat unloaded and shells in the locked glove box. The handgun in its case locked, behind the seat and ammunition/magazine in the locked glove box as well. Only take the guns and ammunition out when I reach the cabin. Once in the cabin load the weapons. Don't let the loaded guns out of the cabin. Only exception to this is when I open carry while hiking. Does anyone see a problem with this scenario? The only one I could maybe see is open carrying while hiking, but since Ohio is an open carry state there should not be a problem. Also maybe the shotgun not being in a case behind the seat.
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Old August 26, 2009, 01:26 PM   #11
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How soon will you be going? Depending on when you're going you could pick up a non resident carry license that Ohio recognizes.
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Old August 26, 2009, 01:32 PM   #12
cgbills
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Friday, so not enough time
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Old August 26, 2009, 02:26 PM   #13
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As long as there is no ammo in the magazines in the vehicle.
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Old August 26, 2009, 06:51 PM   #14
markallen
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You can carry your shotgun in your cab, but it has to be UNLOADED, meaning no ammo in the gun, no ammo in the magazine, and no ammo in any clips, speedloaders, or speed strips. Long gun, or handgun.
Ammo should be in a separate container.
Ideally your guns should not be accessable from inside the vehicle, but in a pick up, it should be behind the seat in a case, or zippered bag.
This goes for handguns, and long guns, if you don't have a Ohio CCW.
Once you are on private property, you can open carry, or conceal carry in the cabin.
If you go out in public you can open carry.

Also State laws trump local laws. So no cities, or counties are allowed to set their own laws.
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Last edited by markallen; August 26, 2009 at 07:06 PM.
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Old August 27, 2009, 01:55 PM   #15
shortwave
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Although Ohio is an 'open carry' state, I don`t know if I would do that. Since your on vacation, probably limited time and from out of state, the hassle may not be worth it. zukiphile and Yelloefin has it correct. If you open carry, more than likely you will be questioned or arrested. Also the state of Ohio HASN`T been sued enough for this. Unless you have time for a lawsuit I`d advise against it. Seperate your ammo,mags,clips from your weapon`s. Guns in cab. Ammo and unloaded mags in bed or visa-versa. Once at your rented cabin you can load your weapon for HD. On a different note: mind your speed. Truckers don`t refer to Ohio as 'death valley' for nothing. PS. PM me if you are staying in the Old Man`s Cave area.
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Old August 27, 2009, 03:15 PM   #16
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Originally Posted by OldMarksman
I think I'd just go somewhere else.
Michigan and Missouri two of my favorite states to visit. Reciprocity with all states for Concealed Carry Permits.
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