Carrying takedown carbine in backpack?

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SSChevyMan
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Carrying takedown carbine in backpack?

Post by SSChevyMan »

Just wondering what the legality would be if you carried a takedown rifle in your backpack while hiking.

Could mags be loaded? What if it shared magazines with your sidearm which you have a license to carry concealed?
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Re: Carrying takedown carbine in backpack?

Post by Cosmos »

Personally, I would not risk it. I believe the CHL only applies to handguns. Even if you should prevail in the end, any arrest would cost you. You might not even have your firearms returned without a fight. Shoulder straps are a lot less expensive.
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Re: Carrying takedown carbine in backpack?

Post by SSChevyMan »

Cosmos wrote:Personally, I would not risk it. I believe the CHL only applies to handguns. Even if you should prevail in the end, any arrest would cost you. You might not even have your firearms returned without a fight. Shoulder straps are a lot less expensive.
Yeah, but I'm looking to just carry something small and light in a camelbak.

I'm okay with my guns being confiscated as long as doing so wouldn't make me a felon. So, trying to figure out the legality of it.
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Re: Carrying takedown carbine in backpack?

Post by JustaShooter »

The more I think about this, the more I'm not sure. I started from the position that it would be illegal, and having loaded magazines that fit it available to you would make it a felony.

*But*, I know people carry different packable rifles in backpacks on hiking and camping trips, and I've never heard of anyone getting in trouble over it, so that started me thinking.

I'm beginning to think that the fact that these kinds of rifles are partially disassembled *may* exempt them from the "Carrying concealed weapons" statute. That statute says, in ORC 2923.12:
A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:

(1) A deadly weapon other than a handgun;

(2) A handgun other than a dangerous ordnance;

(3) A dangerous ordnance.
If a rifle is partially disassembled and in a backpack, it is certainly concealed, but is it actually "ready at hand"? I think that's the key. Now, I'm not a lawyer, and of course this shouldn't be taken as legal advice, but I suspect you'd be fine in the unlikely event you were stopped by law enforcement.

You might consider investing in a good firearm lawyer to see what they say - that's certainly the safest approach.
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Re: Carrying takedown carbine in backpack?

Post by SSChevyMan »

JustaShooter wrote:The more I think about this, the more I'm not sure. I started from the position that it would be illegal, and having loaded magazines that fit it available to you would make it a felony.

*But*, I know people carry different packable rifles in backpacks on hiking and camping trips, and I've never heard of anyone getting in trouble over it, so that started me thinking.

I'm beginning to think that the fact that these kinds of rifles are partially disassembled *may* exempt them from the "Carrying concealed weapons" statute. That statute says, in ORC 2923.12:
A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:

(1) A deadly weapon other than a handgun;

(2) A handgun other than a dangerous ordnance;

(3) A dangerous ordnance.
If a rifle is partially disassembled and in a backpack, it is certainly concealed, but is it actually "ready at hand"? I think that's the key. Now, I'm not a lawyer, and of course this shouldn't be taken as legal advice, but I suspect you'd be fine in the unlikely event you were stopped by law enforcement.

You might consider investing in a good firearm lawyer to see what they say - that's certainly the safest approach.
Now, to add a bit of complexity to the issue, the carbine I'm talking about is a Kel-Tec sub2000. It folds.. but is that considered disassembled as in the way you were talking?
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Re: Carrying takedown carbine in backpack?

Post by pirateguy191 »

I wouldn't think that folding = disassembled.
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Re: Carrying takedown carbine in backpack?

Post by Cosmos »

Pirateguy191 is correct, having a folding stock in no way equates to disassembled.
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Re: Carrying takedown carbine in backpack?

Post by 147Doc »

Cosmos wrote:Pirateguy191 is correct, having a folding stock in no way equates to disassembled.
Well, it's not the stock that folds - the Sub-2000 breaks just behind the chamber. When folded it cannot fire.
https://www.keltecweapons.com/wp-conten ... -9mm-1.jpg" onclick="window.open(this.href);return false;

Now, unfolding and snapping it into a usable shape is quick, but while folded it cannot shoot.

With the mag out... hmmmm... I'm just not sure how I'd vote.
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Re: Carrying takedown carbine in backpack?

Post by Javelin Man »

Just ask a policeman or a ranger! :)
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Re: Carrying takedown carbine in backpack?

Post by JustaShooter »

SSChevyMan wrote:
JustaShooter wrote:If a rifle is partially disassembled and in a backpack, it is certainly concealed, but is it actually "ready at hand"? I think that's the key. Now, I'm not a lawyer, and of course this shouldn't be taken as legal advice, but I suspect you'd be fine in the unlikely event you were stopped by law enforcement.

You might consider investing in a good firearm lawyer to see what they say - that's certainly the safest approach.
Now, to add a bit of complexity to the issue, the carbine I'm talking about is a Kel-Tec sub2000. It folds.. but is that considered disassembled as in the way you were talking?
I would say no. I personally wouldn't carry one that way under current Ohio law, *especially* if I had loaded magazines that fit it.

What is your reason to carry it that way? Is it to have it accessible when needed, or is it to have fun at some point in the hike when you reach a place you want to shoot it, or what?

If it's to have fun at some point, then if you had a way to lock the backpack so it wasn't easily accessible, that might work. If it is a double-zipper compartment, they make small locks that can go through the sipper pulls to lock them together.

It it's to have it accessible when needed, then maybe consider an AR pistol in 9mm - pretty sure there are variants that take Glock mags, if that's what your sidearm takes.
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Re: Carrying takedown carbine in backpack?

Post by evan price »

I frequently carry a keltec sub2000 in a gym bag or backpack. Since the folded sub can't be fired unless unfolded it is not 'ready to hand'.
That's my story anyway.
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Re: Carrying takedown carbine in backpack?

Post by SSChevyMan »

Cosmos wrote:Pirateguy191 is correct, having a folding stock in no way equates to disassembled.
As someone else said, this isn't like a folding stock on other guns where you can still use it, it's inoperable while in a folded (taken down?) state.
Javelin Man wrote:Just ask a policeman or a ranger! :)
It's been my experience that those that enforce the law usually have the poorest understanding of it.
147Doc wrote:
Cosmos wrote:Pirateguy191 is correct, having a folding stock in no way equates to disassembled.
Well, it's not the stock that folds - the Sub-2000 breaks just behind the chamber. When folded it cannot fire.
https://www.keltecweapons.com/wp-conten ... -9mm-1.jpg" onclick="window.open(this.href);return false;

Now, unfolding and snapping it into a usable shape is quick, but while folded it cannot shoot.

With the mag out... hmmmm... I'm just not sure how I'd vote.
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and there's not exactly a stipulation that says something that's not easily accessible must not be able to be made to be fire in x amount of seconds, it's just whether it's good to grab and fire or not, or so I thought.

Same!
JustaShooter wrote:
SSChevyMan wrote:
JustaShooter wrote:If a rifle is partially disassembled and in a backpack, it is certainly concealed, but is it actually "ready at hand"? I think that's the key. Now, I'm not a lawyer, and of course this shouldn't be taken as legal advice, but I suspect you'd be fine in the unlikely event you were stopped by law enforcement.

You might consider investing in a good firearm lawyer to see what they say - that's certainly the safest approach.
Now, to add a bit of complexity to the issue, the carbine I'm talking about is a Kel-Tec sub2000. It folds.. but is that considered disassembled as in the way you were talking?
I would say no. I personally wouldn't carry one that way under current Ohio law, *especially* if I had loaded magazines that fit it.

What is your reason to carry it that way? Is it to have it accessible when needed, or is it to have fun at some point in the hike when you reach a place you want to shoot it, or what?

If it's to have fun at some point, then if you had a way to lock the backpack so it wasn't easily accessible, that might work. If it is a double-zipper compartment, they make small locks that can go through the sipper pulls to lock them together.

It it's to have it accessible when needed, then maybe consider an AR pistol in 9mm - pretty sure there are variants that take Glock mags, if that's what your sidearm takes.
It's to have on me to defend myself if need me.

I mean I have an AK pistol but that would be way heavier, not to mention the mags. A few stock mags for a sub2000 wouldn't be a huge add-on of weight. I am trying to fit all this in a light camelbak backpack, after all.
evan price wrote:I frequently carry a keltec sub2000 in a gym bag or backpack. Since the folded sub can't be fired unless unfolded it is not 'ready to hand'.
That's my story anyway.
Yeah, that's my thinking as well. It isn't readily fireable even if it was in a backpack... let alone in a collapsed state where I literally couldn't fire it without some reassembly.
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Re: Carrying takedown carbine in backpack?

Post by WhyNot »

I'm okay with my guns being confiscated as long as doing so wouldn't make me a felon. So, trying...

I'm sure there's a lollipop :roll: charge, COMMUNITY SERVICE ONLY, for a potential carrying ready at hand a concealed RIFLE .

Maybe, possibly, only an essay question-style answer, or write it on the chalk board 100 times ''I will not...''

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Re: Carrying takedown carbine in backpack?

Post by Brian D. »

See below.
Last edited by Brian D. on Sun May 30, 2021 7:09 am, edited 2 times in total.
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Re: Carrying takedown carbine in backpack?

Post by Brian D. »

Javelin Man wrote:Just ask a policeman or a ranger! :)
I think your sarcasm was misunderstood a little further down the page, Jav. A few posts up from mine here.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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