Car holsters legal or not legal ?

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Vega419
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Car holsters legal or not legal ?

Post by Vega419 »

Hello I have my CCW and need to know if having my loaded firearm secured in a holster mounted under my steering column is legal also does it matter if I have passengers.
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JustaShooter
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Re: Car holsters legal or not legal ?

Post by JustaShooter »

Ohio law doesn't restrict how you can carry in a vehicle as long as you have your CHL.

As to passengers, it's a bit of a grey area - the way I read the law, (and I am *not* a lawyer) the exception for a person with a CHL covers you no matter where the handgun is located. Others disagree. So, I've always recommended you keep the handgun under your control - and mounted under the steering wheel would qualify in my opinion. *However* you cannot exit the vehicle leave the handgun holstered in the vehicle while passengers are still in the car.
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Woodsro0
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Re: Car holsters legal or not legal ?

Post by Woodsro0 »

Hi, I am new here.

My best friend is an attorney and he teaches the legal part of the CCW class here local to me. I had this same question and this is the legal advise he shared with me:

"When you have a CCW permit and your driving in a motor vehicle the loaded gun must be:

1. On your person (holster on your hip, ankle, etc)
2. In a compartment that locks (if not on your person)"

The CCW does not override the ORC on handling of firearms in motor vehicles, it just gives you the license to carry a pistol on your person.

It may be a grey area to some, but i wouldn't risk it. You can get in big time trouble and if your charged or not is at the officers discretion.

You also need to look at from a lawyers point of view, its much easier to defend if your ccw permit is valid and the gun is on your person or locked up vs in some car holster making the gun accessible to others.

Even if your in the car alone, the gun can not be carried or transported in a way that is accessible to anyone but you the ccw permit holder.

I have friends who carry and say the law changed but its still a grey area. I personally wouldn't risk it, having the gun anywhere but on you or locked up.also would make any potential interactions with law enforcement much more stressful.

Just what I was advised. Stay safe out there.
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Re: Car holsters legal or not legal ?

Post by deanimator »

Woodsro0 wrote:Hi, I am new here.

My best friend is an attorney and he teaches the legal part of the CCW class here local to me. I had this same question and this is the legal advise he shared with me:

"When you have a CCW permit and your driving in a motor vehicle the loaded gun must be:

1. On your person (holster on your hip, ankle, etc)
2. In a compartment that locks (if not on your person)"
He's teaching a superseded version of the law.

The law was changed to such an extent that the typically anti-gun Ohio Highway Patrol whined that if passed, people "would be able to drive down the road, twirling their pistols on their fingers" (or words to that effect).

The amendment passed.
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502ci
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Re: Car holsters legal or not legal ?

Post by 502ci »

Woodsro0, as it was mentioned above that changed, matter of fact it has been quite some time. When was the last time you talked to your friend? Odd he is in that field of work and does not know this.
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Re: Car holsters legal or not legal ?

Post by Woodsro0 »

Hi guys,

I just now noticed in my previous post that I forgot to mention that my post above only applies " If there are other people in the car with you"

If you are in the car alone then yes, you probably could put the gun in your cupholder, unlocked console, unlocked glove box, etc. My friend knows this, I just made a mistake in my previous post.

I will re-iterate however if there are other people in the car with you, then the pistol MUST be on your person or locked up. The CHL does not give passengers in your car the permission to have access to a loaded firearm in a motor vehicle. Wife in the car with you? If she doesn't have a CHL you better have the gun on your person or locked in a container. Same if you have your kids in the car. Now say if you and your wife or a buddy both have CHL then yes, that wouldn't apply.

Car holsters are perfectly legal as long as you are alone in your car or all the passengers in your car have a valid CHL, if even one passenger doesn't have a valid CHL and the pistol is not on you or locked up, your probably going to be in trouble.

So, I would only use the car holster if your alone or traveling with other valid CHL holders, otherwise keep it on you or lock it up.
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Re: Car holsters legal or not legal ?

Post by jeep45238 »

I can't see a benefit of gun handling multiple times per vehicle trip, potential sweeping outside of a holster inside a cramped environment, is of any benefit. Most don't physically retain the gun in a way that I would trust in any sort of an accident, which creates safety and possible legal problems in my mind's eye.

I'll stick to a well vetted, properly fitted appendix holster that is comfortable, and allows drawing from a seated position just fine. YMMV.
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Re: Car holsters legal or not legal ?

Post by JustaShooter »

Woodsro0 wrote:I just now noticed in my previous post that I forgot to mention that my post above only applies " If there are other people in the car with you"

If you are in the car alone then yes, you probably could put the gun in your cupholder, unlocked console, unlocked glove box, etc. My friend knows this, I just made a mistake in my previous post.

I will re-iterate however if there are other people in the car with you, then the pistol MUST be on your person or locked up.
I believe that is still incorrect the way I read Ohio law. I'd say its certainly the best practice, but the exception for a person with a CHL is comprehensive.
(5) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:

(a) The person transporting or possessing the handgun is either carrying a valid concealed handgun license or is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.

(b) The person transporting or possessing the handgun is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code.
http://codes.ohio.gov/orc/2923.16" onclick="window.open(this.href);return false;

The only way I can see there would be a problem is if the unlicensed person was in actual possession of the firearm. Otherwise, the exception would apply since the person with a CHL is the person "transporting or possessing" the handgun.
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