Sate Highway Patrol Stop

wifegetsmad · Post by **wifegetsmad** » Tue Jul 12, 2005 10:01 am

live and learn,
Back in April I was returning home from Bowling Green State U with my wife, my youngest daughter, my college daughter and her roommate. Traveling West on rt 6 nearing rt 53 I was driving over the posted speed limit of 55mph. I think I was doing around 67mph A state tropper going east made eye to eye contact with me, I knew he had just clocked me, looking in the rear view mirror I see him apply the brakes and do a u turn.
He closes the jap between us fast and turns and his lights. I pulled over as sone as I could in a small rest area. I rolldown the window of my caravan get out my drivers and ccw license. Both hands on the wheel, he walks up along side the car I hand him my ccw and drivers license and tell him I have a gun under my wifes seat in the a pullout glovebox (I keep a full size 45 in a locked Life Jacket, it will not fix the front glovebox) He said he clocked me at 68mph, I did not say a word.
He walked back to his car. A minute later he returned and asked be to have a seat in the back of his car. In his car he read from a paper stating the a gun must be in plain sight or locked in a glove box or a container between the seats. I said that I have my wife,youngest daughter my college doughter and her roommate in the car and did not want the gun laying on the floor. He said he was going to give me a warning for speed this time. He also said the I was the first person he had stoped that had a gun with them and he had stoped many with ccw's. He let me out of his car and I wiped the sweat from my head. I said thank you about five times and left asap. :: The tropper was profesional at all times. I make it a habbit not to speed now and place the gun between the seats if possable.

Ring · Post by **Ring** » Tue Jul 12, 2005 10:12 am

You may not transport a loaded,
concealed handgun in a vehicle unless it is carried in one of the
three following ways:
■ In a holster on your person that is in plain sight. So far, the
Ohio Supreme Court has not defined the term “plain sight”
precisely in the context of carrying a concealed handgun.
However, in other contexts, courts have generally held that
the term “plain sight” is a common sense term that means
clearly visible or unobstructed.
■ In a closed, locked glove compartment; or
■ In a case that is in plain sight and that is locked.

Cruiser · Post by **Cruiser** » Tue Jul 12, 2005 11:17 am

Is there any way you can get a copy of what he read from? You say:
"In his car he read from a paper stating the a gun must be in plain sight or locked in a glove box or a container between the seats."

Brian_Horton · Post by **Brian_Horton** » Tue Jul 12, 2005 12:16 pm

I think this trooper was trained that a locking center console is also legal. He was probably reading from a CCW in a car cheat sheet that the OSHP gives to all their troopers that explains car carry and CCW.

mattswabb · Post by **mattswabb** » Tue Jul 12, 2005 2:54 pm

wifegetsmad wrote:live and learn,
I make it a habbit not to speed now and place the gun between the seats if possable.

Didn't you pay attention in your training? Your lucky he didn't arrest you and your lucky you haven't been pulled over since.

Follow the rules even if they do suck.

Ring wrote:
You may not transport a loaded,
concealed handgun in a vehicle unless it is carried in one of the
three following ways:
■ In a holster on your person that is in plain sight. So far, the
Ohio Supreme Court has not defined the term “plain sight”
precisely in the context of carrying a concealed handgun.
However, in other contexts, courts have generally held that
the term “plain sight” is a common sense term that means
clearly visible or unobstructed.
■ In a closed, locked glove compartment; or
■ In a case that is in plain sight and that is locked.

Safety Guy · Post by **Safety Guy** » Tue Jul 12, 2005 3:04 pm

Hey Matt!

I'm tempted to "open carry" my M-1 Garand on my dashboard.

If "open carry" with a teensy Colt Agent makes the OSP feel nice and safe, imagine how safe they'd feel with something a lot more noticeable!

(No, I'm not stupid enough to do it.)

How's your Beautiful Blue Baby doing?

Karl

Cruiser · Post by **Cruiser** » Tue Jul 12, 2005 5:01 pm

We are at their mercy!
Do you feel lucky today?

wifegetsmad · Post by **wifegetsmad** » Tue Jul 12, 2005 7:08 pm

Cruiser,
Brian is correct, it was a State Police Cheet Sheet, I saw it plainly through the dog cage. He also stated a locking center concole was fine.

SMMAssociates · Post by **SMMAssociates** » Thu Jul 14, 2005 2:05 am

Just wondering how visible that thing under your wife's seat is.... I'm guessing that the case being even remotely visible would cover you if it has a lock.

However, a Lifejacket inside an unlocked box probably doesn't quite make it.

All of that is, of course, silly.

Bolting the Lifejacket to the dash should be fine, but it makes "steal-me box" a little too well. Actually, leaving the Lifejacket on the front seat should be well within the law.

The Trooper probably was being a decent guy about it - giving you credit for the effort. Can't argue about that.

(Somebody on THR reported convincing the TSA to accept a Lifejacket. Different....)

I've got one, btw. I use it to secure my carry gun when I'm not wearing it. I wasn't here, I didn't say this, but the only hazard to placing a fully loaded semi in the thing is the possibility that the foam liner will pop out the magazine by pressing on the button. It clamshells around the gun pretty well. I've used it for a PPK/S through a Combat Commander. Not that you can't use a saw, but that's about the only way to get in without a key other than drilling the lock.

Regards,

Cruiser · Post by **Cruiser** » Thu Jul 14, 2005 9:06 am

"I rolldown the window of my caravan get out my drivers and ccw license. Both hands on the wheel, he walks up along side the car I hand him my ccw and drivers license and tell him I have a gun under my wifes seat in the a pullout glovebox"
Some that are not familar with the Caravan may have missed the part about "pullout glovebox" Some Caravans have a locking drawer under the passenger seat.
It would be questionable as to if this is an OK place to lock a Loaded gun!

CurtInOhio · Post by **CurtInOhio** » Thu Jul 14, 2005 10:06 am

I caught that glovebox comment, too. Why would it not be legal if it's a factory installed glovebox? I don't read anywhere that says ' a locked glovebox installed into the dashboard of the vehicle'.

SMMAssociates · Post by **SMMAssociates** » Thu Jul 14, 2005 10:06 am

Cruiser wrote:Some that are not familar with the Caravan may have missed the part about "pullout glovebox" Some Caravans have a locking drawer under the passenger seat.

I last drove one in 1992.... I think Transmissions were optional then....

It would be questionable as to if this is an OK place to lock a Loaded gun!

IANAL, but if the drawer is remotely visible (i.e., there's a lock on the front that you can see from outside the car), it probably would be OK. If it's hard to see the thing without opening the door, it might not be. Real grey one, IMHO.

I think if an Officer wasn't totally anti, and didn't have an attitude issue with you, it'd be acceptable as long as it has some visibility.

Otherwise, put the junque from the glovebox in there, and put the gun in the glovebox

. Assuming it'll fit....

If there's no other locking container built into the car "in plain sight" - locking glovebox, console, etc., then it should pass muster as "inaccessible to the driver" in the same way that alternative methods are used in trucks and other vehicles that lack a glovebox.

Post by **TunnelRat** » Sun Jul 17, 2005 7:01 pm

You may not transport a loaded,
concealed handgun in a vehicle unless it is carried in one of the
three following ways:
■ In a holster on your person that is in plain sight. So far, the
Ohio Supreme Court has not defined the term “plain sight”
precisely in the context of carrying a concealed handgun.
However, in other contexts, courts have generally held that
the term “plain sight” is a common sense term that means
clearly visible or unobstructed.
■ In a closed, locked glove compartment; or
■ In a case that is in plain sight and that is locked.

One way around this is to unload the firearm before putting it in the under-seat drawer. The current CHL law deals with loaded,
concealed handguns in vehicles, not with unloaded handguns...

Yeah, yeah, it's a hassle, but it's supposed to be a hassle!

yoyo211 · Post by **yoyo211** » Sat Jul 30, 2005 10:53 pm

There is a CCW training site in Ohio that sells a lock box with a cable that attaches to your car's seat frame. The cable islong enough to put the box in plain sight while you're in the car, and you can stash it under your seat if you have to go into a NO-GUNS area.

I can't recall their name, but they show up at most PRO gun shows.

rkaleda · Post by **rkaleda** » Sat Jul 30, 2005 11:24 pm

wifegetsmad wrote:live and learn,
Back in April I was returning home from Bowling Green State U with my wife, my youngest daughter, my college daughter and her roommate. Traveling West on rt 6 nearing rt 53 I was driving over the posted speed limit of 55mph. I think I was doing around 67mph A state tropper going east made eye to eye contact with me, I knew he had just clocked me, looking in the rear view mirror I see him apply the brakes and do a u turn.
He closes the jap between us fast and turns and his lights. I pulled over as sone as I could in a small rest area. I rolldown the window of my caravan get out my drivers and ccw license. Both hands on the wheel, he walks up along side the car I hand him my ccw and drivers license and tell him I have a gun under my wifes seat in the a pullout glovebox (I keep a full size 45 in a locked Life Jacket, it will not fix the front glovebox) He said he clocked me at 68mph, I did not say a word.
He walked back to his car. A minute later he returned and asked be to have a seat in the back of his car. In his car he read from a paper stating the a gun must be in plain sight or locked in a glove box or a container between the seats. I said that I have my wife,youngest daughter my college doughter and her roommate in the car and did not want the gun laying on the floor. He said he was going to give me a warning for speed this time. He also said the I was the first person he had stoped that had a gun with them and he had stoped many with ccw's. He let me out of his car and I wiped the sweat from my head. I said thank you about five times and left asap. :: The tropper was profesional at all times. I make it a habbit not to speed now and place the gun between the seats if possable.

You are very very lucky. Ohio Case law DOES clearly define a "Glove compartment" in a way that could have gotten you in trouble.

I am not sure where you took your course, but the NRA PPH course advises anyone who carries a gun or keeps one for personal protection talk to a lawyer about it. You SHOULD.

This is not a cause to {inappropriate language} but thank the stars that you were able to walk away with your hands in front of you!

Ohioans For Concealed Carry Discussion Forums

Sate Highway Patrol Stop

Sate Highway Patrol Stop

Between the seats.

Cheat sheet?

Caravan

Re: Caravan

Locked in Plain Sight

Re: Sate Highway Patrol Stop