Transporting gun in truck

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Transporting gun in truck

Postby daveww00 » Wed Feb 03, 2016 10:40 pm

Trying to make sure i understand the law correctly when carrying handgun in truck (f-150). I am in process of buying my first handgun and plan on doing the CC classes in near future. Can somebody please confirm i am reading the law correctly as noted in the bold below (all this assumes i dont have CC)?

(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. Seems clear this means if handgun is loaded, it needs to be in the bed of the truck?

(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; If im reading this right if its in a case, both the gun and clips unloaded, and ammo stored seperate, then i can have them in passenger compartment of truck?
(2) In a compartment that can be reached only by leaving the vehicle; guessing this only applies if gun is unloaded but not in a case?
(3) In plain sight and secured in a rack or holder made for the purpose; assume this applies to a rifle rack in back window or something like that

Thanks!
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Re: Transporting gun in truck

Postby someguy » Wed Feb 03, 2016 11:35 pm

The most important part is if you are not licensed you may not have a loaded gun in the vehicle at all. Even in the bed out of reach. Even with a license you may not have a loaded long gun. Your license only covers handguns. Separate containers or compartments is usually the preferred way to go.
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Re: Transporting gun in truck

Postby JustaShooter » Thu Feb 04, 2016 7:30 am

You've got it mostly right. The one where you need a bit of clarification is this one:

daveww00 wrote:(1) In a closed package, box, or case; If im reading this right if its in a case, both the gun and clips unloaded, and ammo stored seperate, then i can have them in passenger compartment of truck?

In Ohio, unloaded means no cartridges or loaded magazine in the gun, and if there are any loaded magazines or speedloaders they need to be in "a container that provides complete and separate enclosure". From ORC 2923.16 (K) (5) (a) and (b)

(a) "Unloaded" means

, with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.


So as I read it, you can have the handgun in the glove box and the loaded magazine(s) in the center console, as long as both close. Or, (and I'll admit, this is my favorite) if you have a range bag that has multiple compartments that close with a zipper or velcro or whatever, the gun can go in the main compartment and the loaded magazines in separate, closed compartments (like the typical exterior pouches on many bags) as long as they completely and separately enclose the gun and magazines. Once you've done that, the range bag can be in the vehicle with you, even on the front seat beside you.
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Re: Transporting gun in truck

Postby Brian D. » Thu Feb 04, 2016 10:25 am

Without a CHL, if you decide to keep the gun as handy as legally possible, I suggest you keep printed copies of the appropriate Ohio Revised Code sections, equally handy. Get stopped by that cop whose main interest is revenue genera...uh, traffic laws, he/she may be poorly versed in other sections of the law.
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Re: Transporting gun in truck

Postby TJW815 » Thu Feb 04, 2016 11:23 am

Brian D. wrote:Without a CHL, if you decide to keep the gun as handy as legally possible, I suggest you keep printed copies of the appropriate Ohio Revised Code sections, equally handy. Get stopped by that cop whose main interest is revenue genera...uh, traffic laws, he/she may be poorly versed in other sections of the law.


On the flip side of that, the side of the road is not a place to argue law, save that for court.
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Re: Transporting gun in truck

Postby eye95 » Thu Feb 04, 2016 11:27 am

TJW815 wrote:
Brian D. wrote:Without a CHL, if you decide to keep the gun as handy as legally possible, I suggest you keep printed copies of the appropriate Ohio Revised Code sections, equally handy. Get stopped by that cop whose main interest is revenue genera...uh, traffic laws, he/she may be poorly versed in other sections of the law.


On the flip side of that, the side of the road is not a place to argue law, save that for court.


I wouldn't advocate arguing either. That is not to say you should never inform the cop when he makes a mistake in the law and encourage him to double-check. If he turns argumentative, I'd let him break the law and be glad I had my recorder running.
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Re: Transporting gun in truck

Postby JustaShooter » Thu Feb 04, 2016 12:43 pm

TJW815 wrote:
Brian D. wrote:Without a CHL, if you decide to keep the gun as handy as legally possible, I suggest you keep printed copies of the appropriate Ohio Revised Code sections, equally handy. Get stopped by that cop whose main interest is revenue genera...uh, traffic laws, he/she may be poorly versed in other sections of the law.


On the flip side of that, the side of the road is not a place to argue law, save that for court.

Argue, no, but I would politely let him know I thought he was mistaken, and (again, politely) suggest that he contact his supervisor for clarification if he persisted.
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Re: Transporting gun in truck

Postby MyWifeSaidYes » Thu Feb 04, 2016 2:04 pm

JustaShooter wrote:...Argue, no, but I would politely let him know I thought he was mistaken, and (again, politely) suggest that he contact his supervisor for clarification if he persisted.


Step out of the car, please, sir. 8)
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Re: Transporting gun in truck

Postby JustaShooter » Thu Feb 04, 2016 2:13 pm

MyWifeSaidYes wrote:
JustaShooter wrote:...Argue, no, but I would politely let him know I thought he was mistaken, and (again, politely) suggest that he contact his supervisor for clarification if he persisted.


Step out of the car, please, sir. 8)


:| <-- Yup, that would be me complying with Officer Friendly.
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Re: Transporting gun in truck

Postby docachna » Thu Feb 04, 2016 2:42 pm

eye95 wrote:I wouldn't advocate arguing either. That is not to say you should never inform the cop when he makes a mistake in the law and encourage him to double-check. If he turns argumentative, I'd let him break the law and be glad I had my recorder running.


I agree with this sentiment, particularly if you are POSITIVE that the LEO is wrong, and you are correct, and you have the black-letter law with you to support your position. If nothing else, make a plea to him to ask his supervisor to swing by before he puts the bracelets on you, because you're afraid that someone has misinformed him on a point of law, and if he's going to arrest you, that's fine, but you would like the opportunity to have a brief chat with his supervisor before that goes down. And then show him what you want to discuss.

If it's done cordially and non-confrontationally, I think chances are slim it's gonna make things any worse. I mean, if you're already getting popped, isn't it worth taking a whirl ???
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Re: Transporting gun in truck

Postby Brian D. » Thu Feb 04, 2016 3:01 pm

Having copies at hand of certain ORC sections dealing with "inducing panic", "disorderly conduct", etc as well as firearms carry/transport has kept me from being wrongfully arrested twice, for sure. Hard for an argument to get going when I can show, instead of just insist, that the officer is about to make a, uh, mistake. I don't want the ride, or the rap, or the ensuing lawsuit. Rather just send the officer/deputy on their way, somebody somewhere needs their assistance I'm sure.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Transporting gun in truck

Postby eye95 » Thu Feb 04, 2016 6:22 pm

JustaShooter wrote:
MyWifeSaidYes wrote:
JustaShooter wrote:...Argue, no, but I would politely let him know I thought he was mistaken, and (again, politely) suggest that he contact his supervisor for clarification if he persisted.


Step out of the car, please, sir. 8)


:| <-- Yup, that would be me complying with Officer Friendly.


While your recorder was running?

I once had a GPS recording I would have loved to introduce in court, but the deputy only wrote a warning. So I only called his sergeant and alerted him to the possibility of his deputy being proven a liar in court.
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Re: Transporting gun in truck

Postby Brian D. » Thu Feb 04, 2016 6:55 pm

After resolving the situations I was in, took the time to follow up with supervisors. In one case that led to some agency-wide "refresher" training. That boss sent me a copy of the memo he wrote, without me even having a chance to ask about it, as I'd expected to have to.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Transporting gun in truck

Postby JustaShooter » Thu Feb 04, 2016 7:56 pm

eye95 wrote:
JustaShooter wrote:
MyWifeSaidYes wrote:JustaShooter wrote: "Argue, no, but I would politely let him know I thought he was mistaken, and (again, politely) suggest that he contact his supervisor for clarification if he persisted.

Step out of the car, please, sir. 8)


:| <-- Yup, that would be me complying with Officer Friendly.


While your recorder was running?

Yup, just like my sidearm it's always on me and ready to go (turned on) from when I get dressed till I hit the sack.
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Re: Transporting gun in truck

Postby TJW815 » Thu Feb 04, 2016 11:16 pm

Brian D. wrote:Having copies at hand of certain ORC sections dealing with "inducing panic", "disorderly conduct", etc as well as firearms carry/transport has kept me from being wrongfully arrested twice, for sure. Hard for an argument to get going when I can show, instead of just insist, that the officer is about to make a, uh, mistake. I don't want the ride, or the rap, or the ensuing lawsuit. Rather just send the officer/deputy on their way, somebody somewhere needs their assistance I'm sure.


I hope you didn't take my response as rude, it wasn't meant that way. I would just warn people of how the may come across if they are perceived as trying to tell an officer how to do his/her job. Just be careful to not unintentionally escalate the situation.

Nothing but respect for you Brian.
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