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September 27, 2009, 05:41 AM | #1 |
Junior Member
Join Date: October 21, 2008
Posts: 1
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carrying an empty gun in ohio
Is it legal to carry an unloaded gun in a backpack in Ohio? I sometimes have to park a block or two from home so going to the range involves walking down public sidewalks. Is this illegal? I know OH considers a gun in a car loaded if its mags/speedloaders are loaded so the mags in the bag are empty.
Advice appreciated. |
September 27, 2009, 10:54 AM | #2 |
Senior Member
Join Date: September 9, 2008
Location: Fredericksburg, VA
Posts: 958
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Well this is where you are going to need to do a little digging in Ohio law yourself, as people's ideas of what the law is can be widely varied and misinformed. So I recommend finding your state code online and reading it over yourself.
Hopefully someone more versed in Ohio law can reference you a relevant statute. I do know that Virginia law allows you to carry a firearm that is "unloaded and securely wrapped" to and from a firing range. I believe an unloaded handgun in a backpack would fit this description. Ohio might have some similar law.
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September 27, 2009, 11:30 AM | #3 |
Junior member
Join Date: November 12, 2000
Location: Colorado Springs, Colorado
Posts: 9,494
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That's good advice. The only thing I can add is to interpret it yourself...but in a very critical way. The worst possible interpretation is likely what the cop/detective/judge will use so don't be optomistic, be realistic.
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September 27, 2009, 06:03 PM | #4 |
Junior member
Join Date: May 16, 2008
Posts: 9,995
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DOn't look at Ohio revised code. Ask your local PD about it. They are the ones you will have to deal with and they are making their own interpretation.
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September 28, 2009, 04:46 PM | #5 |
Senior Member
Join Date: July 19, 2005
Posts: 165
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Your gun has to be locked or in a locked case. Your mags should not be loaded. Apart from that, I don't see that a locked gun with a box of ammo in a backpack is any different from the same in a range bag.
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September 28, 2009, 06:02 PM | #6 |
Senior Member
Join Date: September 20, 2008
Posts: 358
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Just open carry the loaded gun and you are in the clear.
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September 28, 2009, 11:48 PM | #7 |
Senior Member
Join Date: December 23, 1999
Location: N41 24.283 W81 43.370 N.E.Ohio
Posts: 561
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The Ohio Revised Code is the law. You don't need to worry about local laws in Ohio as the state law preempts them when it comes to firearms.
Ohio is an open carry state. You could if you wanted, keep the gun loaded and holstered in plain view during your walk. Without a CCL you can not have a loaded handgun in your car or on your person. As you noted a loaded magazine or speed-loader equals a loaded gun in Ohio. I would not suggest just dropping the pistol in the pack and using Velcro to keep it closed. If your backpack has zippers I'd suggest using a small padlock to lock the bag. A trigger or cable lock would not be a bad idea if you don't have a lockable case to transport the pistol.
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Change you can believe in... Pre-65 US silver coins NRA RSO & Certified Instructor in rifle, pistol, shotgun. An unloaded pistol is a paperweight. Opportunity knocks..Trouble kicks down the door. |
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