Carrying a AK pistol in vehicle with CHL, legal????

This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Carrying a AK pistol in vehicle with CHL, legal????

Postby Aonair97 » Wed Oct 13, 2021 12:21 pm

:!: Hey all, new to the forum and found an old post about this from 2012, but I need current answers.

I'm not asking about is it logical to carry one, I'm not asking would you, or anything like that. I am just seeking STRAIGHT LEGAL TRUTH on the matter. If I were to purchase a Hellpup AK pistol, and I have a CHL. Could I carry it loaded, on my passenger seat while I drive? Again, not asking if you yourself would do this. I'm asking am I legally allowed to do so. My particular county in Ohio is Summit, also.

In my logical thinking, I'd assume yes. Because federal law recognizes them as a pistol/handgun. As long as a foregrip isn't added. And you can carry a handgun loaded, in vehicle, if you have a CHL. So I'd THINK you can. And I'm sure cops would have some questions during a traffic stop. So no matter how practical the action is, it SEEMS like it would be legal. I just want to confirm that.

THANKS! :)
Aonair97
 
Posts: 1
Joined: Wed Oct 13, 2021 12:14 pm

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby JustaShooter » Wed Oct 13, 2021 8:05 pm

The way I read Ohio law, AR and AK pistols are considered handguns and would therefore be legal to carry one loaded in your vehicle if you have a CHL. What the officer on the side of the road might think, of course, is another matter - but I do know many Ohioans with their CHL do choose this route to have more options in their vehicle.
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!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 5465
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby Brian D. » Thu Oct 14, 2021 7:42 am

As JustaShooter says, legal. But besides running into a poorly informed or willfully ignorant police officer who believes otherwise, there's a practical problem with those pistols in rifle calibers. The things are REALLY LOUD! Some folks glaze over that fact, probably because they've never fired one in cramped quarters. I have, but only while wearing good hearing protection. Between the concussion and the muzzle flash, it was still mildly disorienting.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
Brian D.
 
Posts: 15655
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby pirateguy191 » Thu Oct 14, 2021 10:35 am

Brian D. wrote:Between the concussion and the muzzle flash, it was still mildly disorienting.


And you still haven't fully recovered. :wink:
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan

"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh

NRA member, NRA basic pistol instructor, DBACB
User avatar
pirateguy191
 
Posts: 10919
Joined: Sat Feb 14, 2009 12:06 pm
Location: 44146

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby Brian D. » Thu Oct 14, 2021 1:42 pm

pirateguy191 wrote:
Brian D. wrote:Between the concussion and the muzzle flash, it was still mildly disorienting.


And you still haven't fully recovered. :wink:


I wasn't quite right in the first place, ya goober. What's your point? :lol:
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
Brian D.
 
Posts: 15655
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby Sevens » Fri Oct 15, 2021 12:35 pm

Yes, while the question is asked and answered as to "legality", I think it has a very good chance of being an affirmative defense.

Let's say this clearly so it is understood. The law may very well be on your side, and with time -- sweat -- your lawyer -- pucker factor -- detainment you may very well get your chance to say "see, I knew it, I told ya so!" but what you may very well NOT get to do is go to work that day or take the kids to McDonald's or whatever else you had planned because you got to explore the criminal justice system from the inside for half a day or much of a weekend.

Neither printed transcripts of forum chatter nor a laminated card with the accurate ORC on it would convince many LE at the side of the road, and probably even tougher if they got to meet you that day responding to an MWAG call.

As for the "loud, disorienting, not the best choice" argument... well, if we are talking street riot with your car surrounded by exactly the same kind of subhumans that Kyle Rittenhouse capped three of, then yes it is disorienting and a far better item for 'get off me' than most anything. High cap, insanely loud boom and a flash that can set things on fire, there probably isn't much better a hand-held device to disperse a crowd of subhumans with a mob mentality.
I like to swap brass... and I'm looking for .32 H&R Mag, .327 Fed Mag, .380 Auto and 10mm. If you have some and would like to swap for something else, send me a note!
User avatar
Sevens
OFCC Patron Member
OFCC Patron Member
 
Posts: 7484
Joined: Thu May 07, 2009 8:30 am
Location: Far East Side of CBus

Re: Carrying a AK pistol in vehicle with CHL, legal????

Postby M-Quigley » Sat Oct 16, 2021 9:00 am

Aonair97 wrote::!: Hey all, new to the forum and found an old post about this from 2012, but I need current answers.

I'm not asking about is it logical to carry one, I'm not asking would you, or anything like that. I am just seeking STRAIGHT LEGAL TRUTH on the matter. If I were to purchase a Hellpup AK pistol, and I have a CHL. Could I carry it loaded, on my passenger seat while I drive? Again, not asking if you yourself would do this. I'm asking am I legally allowed to do so. My particular county in Ohio is Summit, also.

In my logical thinking, I'd assume yes. Because federal law recognizes them as a pistol/handgun. As long as a foregrip isn't added. And you can carry a handgun loaded, in vehicle, if you have a CHL. So I'd THINK you can. And I'm sure cops would have some questions during a traffic stop. So no matter how practical the action is, it SEEMS like it would be legal. I just want to confirm that.

THANKS! :)


I'm not a lawyer nor do I play one on TV, but I've been told by both a Sheriff's deputy and a lawyer a long while back that AR pistols are legal to carry in a vehicle with a CHL. If AR pistols are legal I don't know of any reason why AK pistols wouldn't be legal also.

This is a news story out of Dayton Ohio. Although the article doesn't specifically say "pistol", other news sources at the time mentioned that the gun in the guys car was a AK pistol, and he fired it from the car. This being in Dayton if they could've charged him with a crime for having the AK loaded in his car either the police or a prosecutor, they likely would have, :( but they didn't, because it was a pistol and not a rifle.

As he arrived to the store, Seaton told Dayton police he saw two men running from the store. Seaton said one of the men then stopped, pulled out a gun, and pointed it in his direction.

According to police, Seaton then grabbed an AK-47 from his passenger seat and fired at the men. Seaton told our breaking news team he believes one of his bullets hit a suspect, but he cannot be sure.

"Typically robberies at the store are done in 20 to 45 minutes, but I happened to be in the right place at the right time," Seaton said.

Seaton told police the would-be-thieves wearing black masks fled on foot after he fired shots. He said he followed the two men in his truck as they made their way into a running getaway truck parked in the 2500 block of Mundale Avenue.

Seaton continued to follow the suspects in his truck. That's when he says the suspects began firing shots at his vehicle out of a driver side window.

Police said Seaton ended his pursuit at the intersection of Smithville Road and Linden Avenue before returning to the store to alert police.


https://www.whio.com/news/local/dayton- ... FN3ZYrSWJ/
M-Quigley
 
Posts: 4117
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio


Return to Ohio Concealed Carry Discussion

Who is online

Users browsing this forum: No registered users and 2 guests

cron