Open Carry on a bicycle

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

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Re: Open Carry on a bicycle

Postby Javelin Man » Sun Oct 22, 2017 9:06 pm

Amish have been known to receive a DWI or DUI or whatever the acronym is this decade, while sitting behind a horse on their buggy. What the horse is doing sitting on their buggy, I don't know! :P
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Re: Open Carry on a bicycle

Postby curmudgeon3 » Mon Oct 23, 2017 2:10 am

Javelin Man wrote:Amish have been known to receive a DWI or DUI or whatever the acronym is this decade, while sitting behind a horse on their buggy. What the horse is doing sitting on their buggy, I don't know! :P

Its probably the horse that Colin Kaepernick rode in on. :|
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Re: Open Carry on a bicycle

Postby AlanM » Tue Oct 24, 2017 12:32 pm

I'd just like to point out that there is a difference between riding a horse drunk and riding a drunk horse.
If you are ON the horse is it a vehicle?
How old is the drunk horse?
Could under age drinking be a problem?
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Re: Open Carry on a bicycle

Postby 3FULLMAGS+1 » Sun Oct 29, 2017 1:01 am

AlanM wrote:I'd just like to point out that there is a difference between riding a horse drunk and riding a drunk horse.
If you are ON the horse is it a vehicle?
How old is the drunk horse?
Could under age drinking be a problem?


Well this discussion "started out" on a serious note anyway.....but thanks to Alan, well......

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Re: Open Carry on a bicycle

Postby schmieg » Tue Nov 07, 2017 11:29 pm

MyWifeSaidYes wrote:Great.

Now I have to see a man about a horse.

:P

When I was in Louisiana two weeks ago, they charged a woman on a horse with DUI.
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Re: Open Carry on a bicycle

Postby Atilla » Thu Nov 09, 2017 1:13 am

Back to the topic, sort of.

While bicycles are not motor vehicles according to ORC, they are vehicles.
So, according to ORC 2901.09 there is no duty to retreat from your vehicle (defined in 2901.05B4 as motorized or not motorized) before using force in self defense.
I ride a bike, a lot. And ( conceal)carry when I can. I also run cameras fore and aft, but that's a different matter.



2901.09 No duty to retreat in residence or vehicle.
(A) As used in this section, "residence" and "vehicle" have the same meanings as in section 2901.05 of the Revised Code.

(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

Cite as R.C. § 2901.09

Effective Date: 2008 SB184 09-09-2008.
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Re: Open Carry on a bicycle

Postby sd790 » Fri May 04, 2018 7:47 am

djthomas wrote:Yes, because it’s OVI not OMVI.


And a bicycle is a vehicle, just not a motor vehicle.
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Re: Open Carry on a bicycle

Postby walnut red » Fri May 11, 2018 4:19 pm

JustaShooter wrote:One correction to the above two posts: Ohio only restricts transport in/on *motor* vehicles. So whether or not a bicycle is a vehicle doesn't matter because either way it isn't a motor vehicle.

From http://codes.ohio.gov/orc/2923.16

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.


It is interesting that the prohibition against discharge is worded "in or on" while the other prohibitions are "in". Someone could probably argue that you cannot ride "in" a motorcycle so B and C would not apply. Though as my bike has a sidecar B and C might apply to the passenger.
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Re: Open Carry on a bicycle

Postby JustaShooter » Fri May 11, 2018 8:20 pm

walnut red wrote:
JustaShooter wrote:One correction to the above two posts: Ohio only restricts transport in/on *motor* vehicles. So whether or not a bicycle is a vehicle doesn't matter because either way it isn't a motor vehicle.

From http://codes.ohio.gov/orc/2923.16

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.


It is interesting that the prohibition against discharge is worded "in or on" while the other prohibitions are "in". Someone could probably argue that you cannot ride "in" a motorcycle so B and C would not apply. Though as my bike has a sidecar B and C might apply to the passenger.


I believe there are rules of construction for the law that essentially make "in" and "on" equivalent.
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