Resident carrying with non-resident ccw

[SeanG]

I have a UTAH CCW because of its reciprocity with many states and thats what my instructor taught; however, I lived in Delaware and in their law it states residents may not carry with a non-resident CCW, they must get a Delaware CCW if they are a resident of Delaware. So I've been looking into the laws here in Ohio and I can't find this clause anywhere, wanted to ask you guys here to make sure I didn't overlook anything. Technically I'm still a non-resident since I've been here 10 days, I think at 30 days I'm considered a resident. Appreciate the help.

[BobK]

Welcome to Ohio and our forums.

Your Utah Concealed Firearms Permit (CFP) will remain valid to carry in Ohio, whether you are a resident or non-resident.

However, there are three considerations to ponder.

1. You will not be able to renew your Utah CFP unless you possess an Ohio Concealed Handgun License (CHL) at that time.
2. Under the federal gun free school zones act, one cannot possess a concealed handgun within 1000 feet of a school in Ohio unless you possess a license from Ohio (true for all states: one must possess a license from the state to carry a firearms within 1000 feet of a school in that state). Now, this is a largely theoretical issue, in that an ordinary law-abiding citizen getting arrested under this statute is about as common as unicorns. However, it is a theoretical felony. When I moved from Ohio to Texas, I carried here on a non-resident Utah CFP and non-resident PA LTCF for 3-4 months until I got a Texas license. But I was aware that it was a theoretical risk.
3. Getting an Ohio license also helps the count in Ohio and assists in demonstrating political clout.

[Brian D.]

Welcome. Yes you should be okay to carry here on your Utah license, Ohio hasn't "shrunk" reciprocity agreements in the manner of some other states, at least not yet. (The exception would be the 1000ft. "school safety zone" federal law; it states that one must be issued a carry license from one's home state in order to carry/transport within those areas, which are seemingly everyplace yet more or less a figment of the federal government's imagination when it comes to actual enforcement.) Keep in mind that at whatever point Ohio starts to consider you a resident, they will expect you to change over things like your driver's and carry licenses. (Ohio loves a revenue stream as much as any other state in the union, after all.) With the driver's license it should be a simple matter of swapping the one from Delaware for ours. There's more to it than that with a carry license though. Depending on what firearms training you took previously (and whether you kept the proof) you may have to take a (12 hour minimum) class that's geared towards obtaining an Ohio CHL. Then you'll have to pay and apply to the sheriff's office in either the county you reside in or one that immediately adjoins it.

if there's a significant delay caused by this, Ohio is an open carry state. We have a subsection here that explains much about OC, you must be logged into the forums to go there, however, as the topic can generate some "heat" because we still find some law enforcement folks who "don't understand" --a/k/a don't LIKE--open carry, so one must be prepared for possible dificulties when doing so.

Feel free to ask about which counties are easiest/fastest to deal with, through these forums. And of course that applies to any other such questions you have. Meantime do a bunch of reading here, you'll meet nice folks and see what we're doing to continue to improve Ohio's firearms laws.

I see that BobK has chimed in above, he lives inside this forum board and never sleeps.

[SeanG]

Welcome to Ohio and our forums.

Your Utah Concealed Firearms Permit (CFP) will remain valid to carry in Ohio, whether you are a resident or non-resident.

However, there are three considerations to ponder.

1. You will not be able to renew your Utah CFP unless you possess an Ohio Concealed Handgun License (CHL) at that time.
2. Under the federal gun free school zones act, one cannot possess a concealed handgun within 1000 feet of a school in Ohio unless you possess a license from Ohio (true for all states: one must possess a license from the state to carry a firearms within 1000 feet of a school in that state). Now, this is a largely theoretical issue, in that an ordinary law-abiding citizen getting arrested under this statute is about as common as unicorns. However, it is a theoretical felony. When I moved from Ohio to Texas, I carried here on a non-resident Utah CFP and non-resident PA LTCF for 3-4 months until I got a Texas license. But I was aware that it was a theoretical risk.
3. Getting an Ohio license also helps the count in Ohio and assists in demonstrating political clout.

Thank you both for your replies.

Wont be able to renew my UTAH unless I possess an Ohio CHL? Not sure I follow you on that, their renewal process looks simple and online as well, not much to it? I don't plan to live here a long time, maybe a year or 2. It expires next year so its possible I'll be here when it does need to be renewed.

As for the 1000' rule, I'll have to look into this because heck I'm unfamiliar with the area, I could be carrying inside my motor vehicle passing by and my luck get pulled over for a light bulb then bam, possibly this only applies to being on foot? Just seems weird, like oh darn coming up on a school, let me unarm myself, pass by.. then ok re-arm myself. Who would enact such a law, I could see on school grounds.

[schmieg]

Thank you both for your replies.

Wont be able to renew my UTAH unless I possess an Ohio CHL? Not sure I follow you on that, their renewal process looks simple and online as well, not much to it? I don't plan to live here a long time, maybe a year or 2. It expires next year so its possible I'll be here when it does need to be renewed.

As for the 1000' rule, I'll have to look into this because heck I'm unfamiliar with the area, I could be carrying inside my motor vehicle passing by and my luck get pulled over for a light bulb then bam, possibly this only applies to being on foot? Just seems weird, like oh darn coming up on a school, let me unarm myself, pass by.. then ok re-arm myself. Who would enact such a law, I could see on school grounds.

Utah changed their law a couple of years ago so that they will not issue a non-resident license unless the applicant has a license in his home state.

The 1000' rule is federal. It doesn't apply to licensees issued a license by the state where the school is located and it is the rule in all 57 states. It applies whether you are driving or on foot. However, I am unaware of it ever being used except to increase the charges against someone doing something nasty like dealing drugs. Local police usually won't bother with it as they generally won't enforce federal law.

[BobK]

Wont be able to renew my UTAH unless I possess an Ohio CHL? Not sure I follow you on that, their renewal process looks simple and online as well, not much to it? I don't plan to live here a long time, maybe a year or 2. It expires next year so its possible I'll be here when it does need to be renewed.

I don't make this stuff up -- it is already crazy enough.

Here is Utah's CFP Renewal Page.

The pertinent paragraph is:

WHAT MUST ACCOMPANY THE APPLICATION?
....
Non-resident proof of permit. If you reside in a state that recognizes the validity of the Utah CFP or has reciprocity with Utah, you must obtain a CFP or CCW from your home state and submit a copy of it with your renewal application. For a list of reciprocal states click here. Residency will be determined by your state-issued identification. If your state does not recognize the Utah permit this does not apply.

Ohio recognizes a Utah license, so Utah will require you to provide a copy of an Ohio license before Utah will renew your Utah license. I am in the same boat: I have a valid Texas license and will need to provide proof to be able to renew my Utah license.

As for the 1000' rule, I'll have to look into this because heck I'm unfamiliar with the area, I could be carrying inside my motor vehicle passing by and my luck get pulled over for a light bulb then bam, possibly this only applies to being on foot? Just seems weird, like oh darn coming up on a school, let me unarm myself, pass by.. then ok re-arm myself. Who would enact such a law, I could see on school grounds.

No point in looking at the area. I read one study that concluded almost 90% of all suburban and urban land area in the US is within 1000 feet of a school.

As far as "Who would enact such a law", it was pushed through by the Clinton Administration in the 90's. As schmieg noted, this is federal law. This is a long statute, but scroll down to paragraph (q) to see the relevant portion: 18 U.S.C. § 922(q).

(q)(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

If you are scratching your head on wondering what defines a "school zone", that is found in 18 U.S. Code § 921(a)(25-26) - Definitions

(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

The good news is that most local, county, and state police do not enforce federal law. The most likely scenario would be a drug dealer getting arrested by the DEA and then the feds adding the Gun Free School Zones (GFSZ) charge as an add-on chaerge.

The bad news is if the rare unicorn event actually happens, a person is facing defending himself against a federal felony.

[SMMAssociates]

SeanG:

If I read you right (that'd be a first, but that's another story ), you don't plan on moving to OH....

If that's the case, your Utah license will be valid in OH (under all of OH's rules), except for that silly school zone thing, which you should be able to ignore unless you're dealing drugs and guns in school zones....

If you are moving to OH, then you will need the Ohio license to renew Utah, but that's the only problem I'm aware of now. Again, I'm pretty sure you said that you were NOT moving here....

DO take some time to read over the Attorney General's documentation - it's available on his web site. (Sorry, I don't have a link handy.)

There are some zingers in there - the worst one is that many statutory CPZ's (i.e., Police Stations, or even schools) post "unless authorized", and only the law itself says "but not licensees". And, a lot of private property owners have used the same sign, where none of us seem to agree on whether or not we are authorized.... The worst one, for me, is the "houses of worship" thing. They CAN authorize you, but "who to ask" is not defined, and sometimes there just isn't a choice that's handy. (Statutory CPZ's are FELONIES should you try to carry in one....)

Regards,