Ohio firearms transportation.

SpazzTrap · September 11, 2002, 11:06 PM

Hey there,

Since moving back I have been curious about the laws regarding transportation of firearms in and around the state.

I got a minor amount of guff from a trooper about having my trapgun (disassembled and cased) in the trunk of my wifes sedan along with my shell bag that *gasp* had shells in it for shooting that weekend. I asked him specifically what the law said and he could tell me other than "I can't do that".

I searched the NRA ILA site and Ohio's law site and couldn't find anything specific to transportation. Do I need to lock up the gun and/or the shells? I always carry my handguns in a locked case, but rarely lock up my shotguns.

Thanks,

Kevin

Coronach · September 11, 2002, 11:39 PM

Text of Statute

(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 it is unloaded and 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) 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.
(D)(1) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of their duties.

(2) Division (A) of this section does not apply to a person if all of the following circumstances apply:

(a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.
(b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.

(c) The person owns the real property described in division (D)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.

(d) The person does not discharge the firearm in any of the following manners:
(i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

(ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking;

(iii) At or into an occupied structure that is a permanent or temporary habitation;

(iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
(3) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply:

(a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle.

(b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.
(c) The person owns the real property described in division (D)(3)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.

(d) The person, prior to arriving at the real property described in division (D)(3)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic or parking.
(E) The affirmative defenses contained in divisions (C)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section.

(F) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the first degree. Violation of division (C) of this section is a misdemeanor of the fourth degree.
(G) 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, 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.
HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 147 v H 275. Eff 12-31-97.

Not analogous to former RC § 2923.16 (RS § 7031; S&C 448, 449; 29 v 161; GC § 13390; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

SpazzTrap · September 11, 2002, 11:44 PM

Quote:

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways:

That's what I was looking for...I'm gonna print that out and keep it next to my insurance card.

Thanks.

falconer · September 12, 2002, 12:28 AM

You gotta love the exception for coyotes and whistlepigs.

SpazzTrap · September 12, 2002, 12:34 AM

I don't know what a whistle pig is, but goshdarnit, I wanna kill one now

foghornl · September 12, 2002, 08:51 AM

It will be interesting to see how much of that has to get changed when CCW FINALLY arrives here in Ohio.

September 11, 2002, 11:06 PM	#1
SpazzTrap Senior Member Join Date: October 9, 2000 Location: Cincinnati Posts: 467	Ohio firearms transportation. Hey there, Since moving back I have been curious about the laws regarding transportation of firearms in and around the state. I got a minor amount of guff from a trooper about having my trapgun (disassembled and cased) in the trunk of my wifes sedan along with my shell bag that gasp had shells in it for shooting that weekend. I asked him specifically what the law said and he could tell me other than "I can't do that". I searched the NRA ILA site and Ohio's law site and couldn't find anything specific to transportation. Do I need to lock up the gun and/or the shells? I always carry my handguns in a locked case, but rarely lock up my shotguns. Thanks, Kevin __________________ "Great Spirits have always encountered violent opposition from mediocre minds..." -Albert Einstein Alcohol, Tobacco, Firearms...sounds like my bachelor party.

September 11, 2002, 11:39 PM	#2
Coronach Senior Member Join Date: March 25, 1999 Posts: 3,150	2923.16 Ohio Revised Code- Improper handling of a firearm in a motor vehicle Text of Statute (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 it is unloaded and 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) 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. (D)(1) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of their duties. (2) Division (A) of this section does not apply to a person if all of the following circumstances apply: (a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. (c) The person owns the real property described in division (D)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (d) The person does not discharge the firearm in any of the following manners: (i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; (ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking; (iii) At or into an occupied structure that is a permanent or temporary habitation; (iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle. (3) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply: (a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle. (b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. (c) The person owns the real property described in division (D)(3)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (d) The person, prior to arriving at the real property described in division (D)(3)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic or parking. (E) The affirmative defenses contained in divisions (C)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section. (F) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the first degree. Violation of division (C) of this section is a misdemeanor of the fourth degree. (G) 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, 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. HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 147 v H 275. Eff 12-31-97. Not analogous to former RC § 2923.16 (RS § 7031; S&C 448, 449; 29 v 161; GC § 13390; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74. __________________ The axe bites into the door, ripping a hole in one panel. The maniac puts his face into the hole, cackling gleefully, "Here's Johnny...erk." "And here's Smith and Wesson," murmurs Coronach, Mozambiquing six rounds of .357 into the critter at a range of three feet. -Lawdog "True pacifism is the finest form of manliness. But if a man comes up to you and cuts your hand off, you don't just offer him the other one. Not if you want to go on playing the piano, you don't." -Sam Peckinpah "A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects." -Robert Heinlein

September 12, 2002, 12:34 AM	#5
SpazzTrap Senior Member Join Date: October 9, 2000 Location: Cincinnati Posts: 467	I don't know what a whistle pig is, but goshdarnit, I wanna kill one now __________________ "Great Spirits have always encountered violent opposition from mediocre minds..." -Albert Einstein Alcohol, Tobacco, Firearms...sounds like my bachelor party.

September 12, 2002, 12:28 AM	#4
falconer Senior Member Join Date: January 7, 2000 Location: somewhere Posts: 546	You gotta love the exception for coyotes and whistlepigs.

September 12, 2002, 08:51 AM	#6
foghornl Senior Member Join Date: March 18, 2002 Location: Ohio Posts: 1,355	It will be interesting to see how much of that has to get changed when CCW FINALLY arrives here in Ohio.