Open Carry In Car/ Transport Handgun w/o CHL

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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Open Carry In Car/ Transport Handgun w/o CHL

Postby MidwestOutfit » Wed Apr 25, 2018 7:01 pm

Hey guys new to the forum, just stopped by for some clarification regarding transporting Handgun without Ohio CHL.
I currently do not possess at CHL and I open carry depending on circumstances and location. I am confused on how to transport my pistol in my car without CHL.

I will first say that based on Ohio HB 495 "2923.16" I believe I can carry a loaded magazine ONLY if it is in , for example my coat pocket with a snap.

While Carrying a loaded Magazine in a closed pocket on my Person, can I transport the Handgun in a Glove department or Book bag with multiple compartments? Or is this considered Illegal ?
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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby JustaShooter » Thu Apr 26, 2018 12:01 am

The way I read Ohio law, putting the unloaded handgun in the glove compartment may not satisfy the requirement that it must be "(1) In a closed package, box, or case;"

I would put it in a book bag as you mention, or a zippered gun rug, or range bag, etc.

Long term, it would be worth your while to get your CHL so you don't have to mess with the details of Ohio's firearm transport law.
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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby MidwestOutfit » Thu Apr 26, 2018 7:01 pm

Ok. So I can transport the handgun WithOut the magazine inside the gun, placing the handgun in a backpack with separate capartments & have the loaded magazine on my person in a pocket with a snap ? This is Legal Right?
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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby screwman » Fri Apr 27, 2018 5:18 am

If I remember correctly, the gun and the ammunition need to be separated in different compartments of the vehicle, non accessible. Google the Ohio hunting regs, it'll splain it all.
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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby screwman » Fri Apr 27, 2018 5:26 am

Mike

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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby JustaShooter » Fri Apr 27, 2018 11:18 am

screwman wrote:If I remember correctly, the gun and the ammunition need to be separated in different compartments of the vehicle, non accessible. Google the Ohio hunting regs, it'll splain it all.


That is not correct in Ohio. The law in Ohio says in 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.



Further, section (K)(5) says:
(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, no, the firearm and ammunition do not have to be in separate compartments. I could literally have the gun in the center compartment of a range bag and the loaded magazines in the outside pouches, as long as they both close with a zipper, velcro, etc., and then have that sitting on the passenger seat beside me.
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Re: Open Carry In Car/ Transport Handgun w/o CHL

Postby JustaShooter » Fri Apr 27, 2018 11:19 am

MidwestOutfit wrote:Ok. So I can transport the handgun WithOut the magazine inside the gun, placing the handgun in a backpack with separate capartments & have the loaded magazine on my person in a pocket with a snap ? This is Legal Right?


The way I read the law, yes - as long as the backpack is closed, and the pocket completely encloses the loaded magazine.
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