Laws regarding gun rack and rifle or rifles in vehicle?

[nicpaige]

Can anyone give me a quick tutorial on what laws pertaining to rifle or rifles in a vehicle fixed to a gun rack in Ohio? I used to see trucks with gun racks and rifles in them all the time, but none recently. Thank you

[MyWifeSaidYes]

Unloaded and with the action open.

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

(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.

[JediSkipdogg]

Can anyone give me a quick tutorial on what laws pertaining to rifle or rifles in a vehicle fixed to a gun rack in Ohio? I used to see trucks with gun racks and rifles in them all the time, but none recently. Thank you

Alot has changed from the 60s to today.

I think the laws affected that quite a bit as I use to hear stories of kids having their shotguns in their trucks at schools. I can only imagine the response that would generate today. Also, I wouldn't do it today anyways as that just makes your truck a victim of being broken into. It's irrelevant if they can get it out, but you'll most likely end up with a broken window and anything else that isn't locked down removed.

[Curzyk]

Unloaded and with the action open.

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

(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.

Interesting. Folks with 16" barrel carbines should take care..

[BobK]

Unloaded and with the action open.

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

No requirement to have the action open for (C)(1-3). Cased, gun rack, or compartment does not require the action to be open.

[MyWifeSaidYes]

Thanks, BobK.



Something interesting about option #3 is the term "secured".

Does "secured" mean that the firearm won't move around or does it mean locked?

If it means locked, why didn't the GA (General Assembly) use the term "locked" like they have in so many other sections of the Revised Code?

Regarding Safety provisions for mining equipment in the Revised Code, the term "secured" appears to mean "to keep something from moving".

IANAL, but I would argue that a firearm is "secured" in a rack if the firearm won't move during transport. No "lock" required.

But, I agree with Jedi that one should be careful about leaving a rifle in a vehicle, especially where it is visible, due to the risk of theft.

[Cruiser]

Some farmers around here still have racks in the trucks with a rifle in it. Never know when a pest needs dispatched!

[Werz]

Also, I wouldn't do it today anyways as that just makes your truck a victim of being broken into. It's irrelevant if they can get it out, but you'll most likely end up with a broken window and anything else that isn't locked down removed.

I'm fairly sure that is the reason that few people still have rifle racks. Anymore, a rifle in a visible rack says, "Steal me."

[Curzyk]

Also, I wouldn't do it today anyways as that just makes your truck a victim of being broken into. It's irrelevant if they can get it out, but you'll most likely end up with a broken window and anything else that isn't locked down removed.

I'm fairly sure that is the reason that few people still have rifle racks. Anymore, a rifle in a visible rack says, "Steal me."

Hmm, maybe we should use bait trucks with look-alike air rifles and bust some gun thieves.

[Werz]

Also, I wouldn't do it today anyways as that just makes your truck a victim of being broken into. It's irrelevant if they can get it out, but you'll most likely end up with a broken window and anything else that isn't locked down removed.

I'm fairly sure that is the reason that few people still have rifle racks. Anymore, a rifle in a visible rack says, "Steal me."

Hmm, maybe we should use bait trucks with look-alike air rifles and bust some gun thieves.

The devil is in the details. In order to convict for F3 Theft of a Firearm, it must be an operable firearm.

[Curzyk]

The devil is in the details. In order to convict for F3 Theft of a Firearm, it must be an operable firearm.

Well, in bait car situations, they give them a real car.. So what about a GPS equipped firearm with a filed down firing pin?

[Werz]

The devil is in the details. In order to convict for F3 Theft of a Firearm, it must be an operable firearm.

Well, in bait car situations, they give them a real car.. So what about a GPS equipped firearm with a filed down firing pin?

"Operable" means that it is "capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant," and if inoperable it must be "readily ... rendered operable." R.C. 2923.11(B)(1).

I know it sounds like a clever idea, but it doesn't always work out well. Ask Attorney General Holder.

[MyWifeSaidYes]

How do the courts define "readily"?

"Promptly" means something completely different when comparing "notifying promptly" and "responding to a records request promptly".