another question-rifles

[m-g willy]

I seen that transporting a rifle ,,one has to make sure
(1) rifle is unloaded,,
(2)If magazine is in rifle ,mag must be unloaded.
Now my question,,,
Is it legal to have a loaded mag, that is not in the rifle?

[JustaShooter]

Yes. If you have a CHL, then it can even be laying beside the rifle (with action open) on the front seat. ( actually kind of like the "action open" part since with an AR or similar, that removes a step in the loading/chambering process...)

If you don't have a CHL, then the magazine must be stored separately.

[gaptrick]

Is this just OH or are these the same rules going cross country?

[JustaShooter]

Is this just OH or are these the same rules going cross country?

Those are Ohio rules. Each state can be different. But, there is the set of rules from the Federal Firearms Owner Protection Act (FOPA) that says

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[SeanC]

I seen that transporting a rifle ,,one has to make sure
(1) rifle is unloaded,,
(2)If magazine is in rifle ,mag must be unloaded.
Now my question,,,
Is it legal to have a loaded mag, that is not in the rifle?

You can have a loaded rifle in a motor vehicle if it is not "accessible to the operator or any passenger without leaving the vehicle."

[BobK]

I seen that transporting a rifle ,,one has to make sure
(1) rifle is unloaded,,
(2)If magazine is in rifle ,mag must be unloaded.
Now my question,,,
Is it legal to have a loaded mag, that is not in the rifle?

You can have a loaded rifle in a motor vehicle if it is not "accessible to the operator or any passenger without leaving the vehicle."

Disagree.

Review RC 2923.16(C), with emphasis on the operative AND, as is "(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:"

[Brian D.]

You can have a loaded rifle in a motor vehicle if it is not "accessible to the operator or any passenger without leaving the vehicle."

Disagree.

Review RC 2923.16(C), with emphasis on the operative AND, as is "(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:"

Well, the affirmative defense/prudent man language still theoretically applies to long gun transport. But what person, especially a CHL holder, would risk exercising that option at this point in time?

[djthomas]

Review RC 2923.16(C), with emphasis on the operative AND, as is "(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:"

Yes ... the reason for the two divisions of (B) and (C) is (B) is a fourth degree felony while (C) is a fourth degree misdemeanor. A person violating (B) actually violates both divisions simultaneously but it is possible to violate (C) without violating (B).