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.

Moderators: Coordinators, Moderators

Open Carry on a bicycle

Postby Michael » Fri Oct 20, 2017 12:47 pm

Is it illegal to open carry on a bicycle without a CHL? Like on a public bike path?
The rifle is God's gift to the rifleman. - Fred
User avatar
Michael
 
Posts: 814
Joined: Mon Jul 03, 2006 10:46 pm
Location: Champaign County

Re: Open Carry on a bicycle

Postby Chuck » Fri Oct 20, 2017 12:58 pm

Nope. It is on a motorcycle though
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
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."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
Chuck
OFCC Director
OFCC Director
 
Posts: 4430
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Open Carry on a bicycle

Postby SMMAssociates » Sat Oct 21, 2017 12:43 am

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.

Regards,
Stu.

(Why write a quick note when you can write a novel?)

(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

יזכר לא עד פעם
User avatar
SMMAssociates
 
Posts: 9494
Joined: Mon Jul 04, 2005 1:36 am
Location: Youngstown OH

Re: Open Carry on a bicycle

Postby rimfireOH » Sat Oct 21, 2017 6:46 am

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.
User avatar
rimfireOH
OFCC Member
OFCC Member
 
Posts: 387
Joined: Fri Dec 27, 2013 9:49 am
Location: NE Ohio

Re: Open Carry on a bicycle

Postby JustaShooter » Sat Oct 21, 2017 6:57 am

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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4545
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Open Carry on a bicycle

Postby rimfireOH » Sat Oct 21, 2017 7:07 am

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.
User avatar
rimfireOH
OFCC Member
OFCC Member
 
Posts: 387
Joined: Fri Dec 27, 2013 9:49 am
Location: NE Ohio

Re: Open Carry on a bicycle

Postby M-Quigley » Sat Oct 21, 2017 7:46 am

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

https://www.digitaltrends.com/cool-tech ... ckstarter/

or

https://www.treehugger.com/bikes/little ... t-100.html

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.
M-Quigley
 
Posts: 2944
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Re: Open Carry on a bicycle

Postby JustaShooter » Sat Oct 21, 2017 7:51 am

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

https://www.digitaltrends.com/cool-tech ... ckstarter/

or

https://www.treehugger.com/bikes/little ... t-100.html

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

(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

(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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4545
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Open Carry on a bicycle

Postby Chuck » Sat Oct 21, 2017 8:50 am

I love it
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
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."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
Chuck
OFCC Director
OFCC Director
 
Posts: 4430
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Open Carry on a bicycle

Postby evan price » Sat Oct 21, 2017 9:07 am

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?
"20% accurate as usual, Morty."

Striking down evil with the mighty sword of teamwork and the hammer of not bickering!
Carpe Noctem- we get more done after 2 am than most people do all day.
User avatar
evan price
Forum Janitor
Forum Janitor
 
Posts: 8845
Joined: Sun Jul 02, 2006 9:23 pm
Location: Westfield, Ohio

Re: Open Carry on a bicycle

Postby JustaShooter » Sat Oct 21, 2017 12:08 pm

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!
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4545
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Open Carry on a bicycle

Postby MyWifeSaidYes » Sat Oct 21, 2017 9:27 pm

Great.

Now I have to see a man about a horse.

:P
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
 
Posts: 5404
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio

Re: Open Carry on a bicycle

Postby OhioPaints » Sun Oct 22, 2017 5:55 am

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.

Ken
User avatar
OhioPaints
 
Posts: 5619
Joined: Sat May 13, 2006 4:22 pm
Location: Brown Co./ southern Ohio

Re: Open Carry on a bicycle

Postby Michael » Sun Oct 22, 2017 4:29 pm

Thanks for the responses.

But you can still get a DUI/OVI on a bicycle? Yes, it's confusing...
The rifle is God's gift to the rifleman. - Fred
User avatar
Michael
 
Posts: 814
Joined: Mon Jul 03, 2006 10:46 pm
Location: Champaign County

Re: Open Carry on a bicycle

Postby djthomas » Sun Oct 22, 2017 7:26 pm

Yes, because it’s OVI not OMVI.
Never ask if you can carry at a non-posted place, but always ask why you cannot at one that is!
Just because they offer call ahead seating doesn't mean you call ahead for carry permission.
User avatar
djthomas
 
Posts: 5824
Joined: Sun Jan 22, 2006 11:09 am
Location: Medina County

Next

Return to Ohio Open Carry Discussions

Who is online

Users browsing this forum: No registered users and 4 guests