What would you do

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Re: What would you do

Postby Brian D. » Wed Nov 15, 2017 3:53 pm

JustaShooter wrote:Since the CHL exceptions to 2323.122 only apply to handguns, yes, if you transport an unloaded, cased long gun in your locked trunk onto school property, it is against the law.


And yet, I've seen four times that police directed overflow parking for gun shows into nearby...school parking lots. In all instances but one I followed up with the local law directors. Radio silence.

That's why there are some windmills I no longer tilt at.
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Re: What would you do

Postby rimfireOH » Wed Nov 15, 2017 4:15 pm

JustaShooter: Thank you!
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Re: What would you do

Postby willbird » Wed Nov 15, 2017 11:58 pm

JustaShooter wrote:
rimfireOH wrote:So, because of 2923.122, it's a felony to drive past the school with my unloaded, cased long gun in my locked trunk on the way to the range. Do I have that right?


No. The Ohio "School Safety Zone" ends at the school's property line so you are not violating state law by driving past the school with an unloaded, cased long gun in your locked trunk on the way to the range.

rimfireOH wrote:And 2923.122 grants me an exception on school property as a CHL-holder, so that same situation (unloaded, cased long gun in my locked trunk) is also against the law. Did I read it correctly?


Since the CHL exceptions to 2323.122 only apply to handguns, yes, if you transport an unloaded, cased long gun in your locked trunk onto school property, it is against the law.


The federal definition is different, it dictates 1000' from school property.

Definitions
Pursuant to 18 U.S.C. § 921(a)(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.
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Re: What would you do

Postby JustaShooter » Thu Nov 16, 2017 7:46 am

willbird wrote:
JustaShooter wrote:
rimfireOH wrote:So, because of 2923.122, it's a felony to drive past the school with my unloaded, cased long gun in my locked trunk on the way to the range. Do I have that right?


No. The Ohio "School Safety Zone" ends at the school's property line so you are not violating state law by driving past the school with an unloaded, cased long gun in your locked trunk on the way to the range.

rimfireOH wrote:And 2923.122 grants me an exception on school property as a CHL-holder, so that same situation (unloaded, cased long gun in my locked trunk) is also against the law. Did I read it correctly?


Since the CHL exceptions to 2323.122 only apply to handguns, yes, if you transport an unloaded, cased long gun in your locked trunk onto school property, it is against the law.


The federal definition is different, it dictates 1000' from school property.

Definitions
Pursuant to 18 U.S.C. § 921(a)(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.

Understood - but the question I responded to was about Ohio law. And, if you have a CHL from Ohio, the Federal prohibition goes away anyway.
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Re: What would you do

Postby willbird » Thu Nov 16, 2017 7:58 am

Understood - but the question I responded to was about Ohio law. And, if you have a CHL from Ohio, the Federal prohibition goes away anyway.


Agreed no violation of ORC....but the federal prohibition regarding long guns does not go away if you have an Ohio CHL.
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Re: What would you do

Postby JustaShooter » Thu Nov 16, 2017 2:05 pm

willbird wrote:
Understood - but the question I responded to was about Ohio law. And, if you have a CHL from Ohio, the Federal prohibition goes away anyway.


Agreed no violation of ORC....but the federal prohibition regarding long guns does not go away if you have an Ohio CHL.

I'm not so sure, and in fact lean the other way. The Federal law does not distinguish between types of firearms, either in the general prohibition or exceptions.
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Re: What would you do

Postby willbird » Thu Nov 16, 2017 11:20 pm

JustaShooter wrote:
willbird wrote:
Understood - but the question I responded to was about Ohio law. And, if you have a CHL from Ohio, the Federal prohibition goes away anyway.


Agreed no violation of ORC....but the federal prohibition regarding long guns does not go away if you have an Ohio CHL.

I'm not so sure, and in fact lean the other way. The Federal law does not distinguish between types of firearms, either in the general prohibition or exceptions.


Well that is interesting for sure. IMHO they should change ORC to allow loaded (at least loaded magazines inserted) long guns in vehicles to CHL holders anyway.

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