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Timmy44221 wrote:I dont belive all states require all of those stipulations for tansport. I have read many people haing car guns. One guy had a nice benz wiht the center consol holding 6 fully filled magazined, and in the trunk, and Ar-15 was bounted with quick release straps.
Timmy44221,
As you should know from reading posts here, many people THINK things are legal that may or may not be.
Many states do have different laws about firearms in a vehicle.
Until CCW passed, all of Ohio's laws about firearms in a vehicle came from the DNR!
There is also a Federal Safe Transportation standard, that, if obeyed, should be good for a civil rights violation against any cop that should stop you.
This is where the locked case and locked ammo container come from.
Remember, handgun laws fall under CHL, rifles and shotguns are still under the GAME laws. IIRC, this means no long guns cannot be loaded AND due to a nice little "improper transport" law in Ohio, the ammo and firearm must be "inaccessible."
The question arises if this means from each other or just the driver. I was under the impression that if they were both in the trunk neither have to be locked due to the trunk being locked and inaccessible to the driver. In SUV's/station wagons (no trunk) as long as the gun was in a locked case the standard was met.
Of course, I've been wrong before.
Cynicism is not realistic and tough. It's unrealistic and kind of cowardly because it means you don't have to try. Peggy Noonan
Cynicism is usually an attempt to justify laziness. Jeff Cooper
2Fast4You wrote:...but why would you want to carry a rifle in your car all the time...l
just cause i can,...
I would suggest seeing a lawyer, just because you can (it is also a heckofa good idea too if I say so myself. )
If this if just for fun, have fun.
Personally, I would wait until Ohio recognizes my car as an extension of my home before I store my guns in said vehicle long term, but that is just one opinion.
If this is for the day the [edited: language -- TR], I would reconsider the rifle. A hi-cap 9mm service gun and several mags in one locked case in the trunk next to another locked case with a few boxes of ammo would be a better choice. The reason- you can't drive and shoot a rifle at the same time. (well you could, but neither action will be very productive...) Remember this is a compliment to your ccw gun and is to let you fight your way to you wife, kids, home and rifles.
Cynicism is not realistic and tough. It's unrealistic and kind of cowardly because it means you don't have to try. Peggy Noonan
Cynicism is usually an attempt to justify laziness. Jeff Cooper
hmmm, now we're gettin somewhere, i need to dig deeper on this but i'd still like to hear what any others think, mabye i'll check with local LE to see what they say....
oh and clint1911, thanks for the response, it is partially for [edited: language -- TR] purpose but not 100%, i see what you're getting at with the shooting/moving, good point, i i really should invest in some more hi cap mags for my ccw gun
Sec. 2923.16. (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 it is unloaded, and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment which 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) 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.
(D)(1) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles, and acting within the scope of their duties.
Explain section B above in bold ..............If loaded firearm can't be carried in vehicle at all then that section would not have been included, because it is covered in later Section C Line 2..............* Buckshot CHL does not cover long guns........I don't know about hunting because the hunting regs say it is a no no..........
Below is from hunting and trapping book..............
2923.16 and 1547.69 ORC No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment which can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the firearm 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.
As used in this section, “unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, that the firearm is uncapped, or that the priming charge is removed from the pan.
The above sections also apply to watercraft, except while LAWFULLY engaged in hunting.
I was looking for the law that states you can't have ammo with the gun. Here is what I found:
2923.12. Carrying concealed weapons.
(G) (1) Whoever violates this section is guilty of carrying concealed weapons.
Except as otherwise provided in this division or division (G)(2) of this section,
carrying concealed weapons in violation of division (A) of this section
is a misdemeanor of the first degree.
Except as otherwise provided in this division or division (G)(2) of this section,
if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand,
or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of division (A) of this section
is a felony of the fourth degree.
Except as otherwise provided in division (G)(2) of this section,
if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit
has been issued under Chapter 4303. of the Revised Code
or if the offense is committed aboard an aircraft,
or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved,
carrying concealed weapons in violation of division (A) of this section
is a felony of the third degree.
(G)(2) states if you have a CHL they can't arrest you.
So without a permit having a concealed gun in a M1 unless there is ammo at hand then it is an F4.
I guess it is an M1 only if unloaded.
Now what does "at hand" mean?
Cynicism is not realistic and tough. It's unrealistic and kind of cowardly because it means you don't have to try. Peggy Noonan
Cynicism is usually an attempt to justify laziness. Jeff Cooper
1974 Committee Comment to H 511
This section retains an existing prohibition against discharging firearms while in or on a motor vehicle, and also enacts new prohibitions against carrying firearms in motor vehicles in an improper manner.
In essence, the section says that firearms in a motor vehicle must be unloaded, and must be carried in any of the following ways: (1) in a case; (2) in a compartment, such as the trunk, which can be reached only by leaving the vehicle; (3) in plain sight and secured in a rack or holder made for the purpose; or (4) in plain sight with the action open or the weapon stripped or, if the weapon is of a type on which the action will not stay open or which cannot easily be stripped, simply in plain sight. These rules are designed to include the ways in which responsible gun hobbyists and sportsmen agree that firearms should be transported, both from the standpoint of safety and in the interests of protecting valuable weapons from damage.
If a firearm is transported in a motor vehicle in compliance with this section, then under 2923.12(B)(4) the person transporting it cannot be guilty of carrying concealed weapons, even though the firearm is out of sight and, technically at least, concealed. For example, under former law, a hunter could not place his shotgun in a case inside his car, since it was then a concealed weapon. Under this section, he may put it in a case.
Also, the section prohibits having a loaded firearm in a motor vehicle, placed so that it is accessible to the driver or any passenger without leaving the vehicle. The rationale for this is that even if a loaded weapon is lying openly on the seat, it is still concealed from the view of anyone approaching the car, such as a law enforcement officer, and can be used without warning the same as if it were truly hidden. Muzzle-loading weapons are considered "unloaded" for purposes of this section, if the percussion cap is removed, or if there is no priming charges in the pan. This recognizes that removing the ball and main charges from a muzzle-loader without firing it is both difficult and dangerous.
A person accused of improperly carrying a firearm in a vehicle may defend on the same grounds which are specified in section 2923.12 as excusing the carrying of concealed weapons for defensive purposes. Also, section 2923.16 does not apply to authorized state and federal officers, agents, and employees and law enforcement officers acting in the scope of their duties.
Discharging firearms from a motor vehicle, or carrying loaded firearms in a motor vehicle, is a misdemeanor of the first degree. Otherwise, improperly handling firearms in a motor vehicle is a misdemeanor of the fourth degree.
Just some additional Info.........................
Buy an aluminum/metal case, pop a couple of bolts through the trunk floor and case, insert rifle/handgun, lock.
Repeat for ammo in seperate case.
That's about as good as it gets to meet the Federal Transport Regulations (and meets Ohio rules too)...but might not work in states like NY which do their own thing in violation of Fed law.
Now, if you are in Ohio and you are the only one driving the car (or, only CHLs are), pretty easy to use the new CCW rules to have a loaded "car" handgun in the passenger area.
Check out NRA-ILA's state by state firearms transport listing on their website and packing.org might have something too.
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1974 Committee Comment to H 511 the section prohibits having a loaded firearm in a motor vehicle, placed so that it is accessible to the driver or any passenger without leaving the vehicle.
Guess that means drivers of SUV's and station wagons of out of luck...
Cynicism is not realistic and tough. It's unrealistic and kind of cowardly because it means you don't have to try. Peggy Noonan
Cynicism is usually an attempt to justify laziness. Jeff Cooper
Guess that means drivers of SUV's and station wagons of out of luck...
There was a case that the court allowed the back of the station wagon to qualify..........Because the gun could not be accessed without climbing over seats or leaving the vehicle...........
The right judge , the right lawyer, and the right amount of money makes anything legal...............
Anyone have a link to the federal transport laws people keep referring to??...................
