Open Carry on a bicycle

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.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Javelin Man
OFCC Member
OFCC Member
Posts: 7481
Joined: Fri Aug 19, 2005 4:53 pm
Location: Sandusky County

Re: Open Carry on a bicycle

Post by Javelin Man »

Amish have been known to receive a DWI or DUI or whatever the acronym is this decade, while sitting behind a horse on their buggy. What the horse is doing sitting on their buggy, I don't know! :P
Famous last words: "I just drank What?!-Socrates

bruh bruh is slang for "complete and total moron" -sodbuster95

The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
curmudgeon3
Posts: 6534
Joined: Mon Oct 01, 2007 11:31 pm

Re: Open Carry on a bicycle

Post by curmudgeon3 »

Javelin Man wrote:Amish have been known to receive a DWI or DUI or whatever the acronym is this decade, while sitting behind a horse on their buggy. What the horse is doing sitting on their buggy, I don't know! :P
Its probably the horse that Colin Kaepernick rode in on. :|
User avatar
AlanM
Posts: 9435
Joined: Mon Jul 04, 2005 1:38 am
Location: Was Stow, OH now Charlottesville, VA

Re: Open Carry on a bicycle

Post by AlanM »

I'd just like to point out that there is a difference between riding a horse drunk and riding a drunk horse.
If you are ON the horse is it a vehicle?
How old is the drunk horse?
Could under age drinking be a problem?
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
3FULLMAGS+1
OFCC Coordinator
OFCC Coordinator
Posts: 705
Joined: Fri May 11, 2012 7:01 pm
Location: S.W. corner of stark. co.

Re: Open Carry on a bicycle

Post by 3FULLMAGS+1 »

AlanM wrote:I'd just like to point out that there is a difference between riding a horse drunk and riding a drunk horse.
If you are ON the horse is it a vehicle?
How old is the drunk horse?
Could under age drinking be a problem?
Well this discussion "started out" on a serious note anyway.....but thanks to Alan, well......

I just love our forums !
Darrel
They say the best "Home Remedy" for "tyranny" is....."LEAD POISONING".
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
Posts: 5751
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: Open Carry on a bicycle

Post by schmieg »

MyWifeSaidYes wrote:Great.

Now I have to see a man about a horse.

:P
When I was in Louisiana two weeks ago, they charged a woman on a horse with DUI.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
User avatar
Atilla
Posts: 1928
Joined: Tue Mar 24, 2009 12:18 am
Location: Euclid

Re: Open Carry on a bicycle

Post by Atilla »

Back to the topic, sort of.

While bicycles are not motor vehicles according to ORC, they are vehicles.
So, according to ORC 2901.09 there is no duty to retreat from your vehicle (defined in 2901.05B4 as motorized or not motorized) before using force in self defense.
I ride a bike, a lot. And ( conceal)carry when I can. I also run cameras fore and aft, but that's a different matter.



2901.09 No duty to retreat in residence or vehicle.
(A) As used in this section, "residence" and "vehicle" have the same meanings as in section 2901.05 of the Revised Code.

(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

Cite as R.C. § 2901.09

Effective Date: 2008 SB184 09-09-2008.
C'mon! We're all going to die, die standing up!
User avatar
sd790
OFCC Patron Member
OFCC Patron Member
Posts: 400
Joined: Mon Jun 10, 2013 6:40 pm
Location: Delaware

Re: Open Carry on a bicycle

Post by sd790 »

djthomas wrote:Yes, because it’s OVI not OMVI.
And a bicycle is a vehicle, just not a motor vehicle.
NRA Certified Pistol Instructor
NRA Certified Range Safety Officer
walnut red
Posts: 1265
Joined: Thu Aug 16, 2007 7:59 am
Location: Morrow County

Re: Open Carry on a bicycle

Post by walnut red »

JustaShooter wrote:One correction to the above two posts: Ohio only restricts transport in/on *motor* vehicles. So whether or not a bicycle is a vehicle doesn't matter because either way it isn't a motor vehicle.

From http://codes.ohio.gov/orc/2923.16" onclick="window.open(this.href);return false;
2923.16 Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(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.
It is interesting that the prohibition against discharge is worded "in or on" while the other prohibitions are "in". Someone could probably argue that you cannot ride "in" a motorcycle so B and C would not apply. Though as my bike has a sidecar B and C might apply to the passenger.
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Open Carry on a bicycle

Post by JustaShooter »

walnut red wrote:
JustaShooter wrote:One correction to the above two posts: Ohio only restricts transport in/on *motor* vehicles. So whether or not a bicycle is a vehicle doesn't matter because either way it isn't a motor vehicle.

From http://codes.ohio.gov/orc/2923.16" onclick="window.open(this.href);return false;
2923.16 Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(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.
It is interesting that the prohibition against discharge is worded "in or on" while the other prohibitions are "in". Someone could probably argue that you cannot ride "in" a motorcycle so B and C would not apply. Though as my bike has a sidecar B and C might apply to the passenger.
I believe there are rules of construction for the law that essentially make "in" and "on" equivalent.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
Post Reply