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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Michael
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Open Carry on a bicycle

Post by Michael »

Is it illegal to open carry on a bicycle without a CHL? Like on a public bike path?
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Re: Open Carry on a bicycle

Post by Chuck »

Nope. It is on a motorcycle though
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Re: Open Carry on a bicycle

Post by SMMAssociates »

Michael:

A Motorcycle is considered a Vehicle, and unlicensed carry on a Motorcycle requires "transport" - essentially unloaded and secured in the glovebox, console, or trunk. Pretty nutso, IMHO, v.s. Open Carry on a bicycle or just walking around, but some of the folks in Columbus (the Legislature) appear to be a little confused at times.

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Re: Open Carry on a bicycle

Post by rimfireOH »

SMMAssociates wrote:some of the folks in Columbus (the Legislature) appear to be a little confused at times.
There are sections of the ORC that imply (is that too strong/weak a term?) that bicycles on roadways are vehicles (but not, perhaps on a sidewalk), or at least are operated "obeying all traffic rules applicable to vehicles" (4511.55 A).

But then there's 4511.01 A, which says "'Vehicle' means every device . . . other than a bicycle , that is moved by human power."

So, maybe it's not a vehicle, but the operator must obey all traffic rules, but perhaps not the firearm rules applicable to vehicles?
SMMAssociates wrote:some of the folks in Columbus (the Legislature) appear to be a little confused at times.
Indeed.
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Re: Open Carry on a bicycle

Post by JustaShooter »

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" onclick="window.open(this.href);return false;
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.
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Re: Open Carry on a bicycle

Post by rimfireOH »

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.
Thank you. That kind of correction/clarification is one of the reasons I frequent this forum.
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Re: Open Carry on a bicycle

Post by M-Quigley »

And to confuse things further, what if you clip this device on your bicycle? :)

https://www.digitaltrends.com/cool-tech ... ckstarter/" onclick="window.open(this.href);return false;

or

https://www.treehugger.com/bikes/little ... t-100.html" onclick="window.open(this.href);return false;
Using just two screwdrivers, the device can be affixed to just about any bicycle. Once you’ve got the mounts on, the electric drive module can be clipped on or off in seconds.
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Re: Open Carry on a bicycle

Post by JustaShooter »

M-Quigley wrote:And to confuse things further, what if you clip this device on your bicycle? :)

https://www.digitaltrends.com/cool-tech ... ckstarter/" onclick="window.open(this.href);return false;

or

https://www.treehugger.com/bikes/little ... t-100.html" onclick="window.open(this.href);return false;
Using just two screwdrivers, the device can be affixed to just about any bicycle. Once you’ve got the mounts on, the electric drive module can be clipped on or off in seconds.
As long as it meets this definition:

From http://codes.ohio.gov/orc/4501" onclick="window.open(this.href);return false;
(L) "Motorized bicycle" or "moped" means any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface.
Then it becomes a "motorized bicycle" which, according to the ORC, *still* isn't a motor vehicle!

From http://codes.ohio.gov/orc/4501" onclick="window.open(this.href);return false;
(B) "Motor vehicle" means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in division (VV) of this section, under-speed vehicles as defined in division (XX) of this section, mini-trucks as defined in division (BBB) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
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Re: Open Carry on a bicycle

Post by Chuck »

I love it
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And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
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evan price
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Re: Open Carry on a bicycle

Post by evan price »

To add confusion, last August a Massillon man was arrested for OVI on his lawn mower.
Not arguing about dui ..just the 'V' part of OVI.
4511.19 says you can't operate a vehicle, streetcar or trackless trolley.

So what about riding a horse while open carrying?
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Re: Open Carry on a bicycle

Post by JustaShooter »

evan price wrote:So what about riding a horse while open carrying?
Should be perfectly legal. Ditto a loaded long gun in a scabbard. Yee Ha!
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Re: Open Carry on a bicycle

Post by MyWifeSaidYes »

Great.

Now I have to see a man about a horse.

:P
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Re: Open Carry on a bicycle

Post by OhioPaints »

MyWifeSaidYes wrote:Great.

Now I have to see a man about a horse.

:P
I need to reduce our herd, I will be glad to help you Chuck :D

Since "mobile homes" (single wide trailer) are listed as "motor vehicles", that apparently means that people living in such need a CHL to carry inside their own home? Likewise campers.

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Michael
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Re: Open Carry on a bicycle

Post by Michael »

Thanks for the responses.

But you can still get a DUI/OVI on a bicycle? Yes, it's confusing...
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Re: Open Carry on a bicycle

Post by djthomas »

Yes, because it’s OVI not OMVI.
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