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

[Aonair97]

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!

[JustaShooter]

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.

[Brian D.]

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.

[pirateguy191]

Between the concussion and the muzzle flash, it was still mildly disorienting.

And you still haven't fully recovered.

[Brian D.]

Between the concussion and the muzzle flash, it was still mildly disorienting.

And you still haven't fully recovered.

I wasn't quite right in the first place, ya goober. What's your point?

[Sevens]

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.

[M-Quigley]

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/" onclick="window.open(this.href);return false;

[stevea]

Interesting. I've got no problem wrt carrying rifle caliber pistols, but this fellow in Dayton took a huge chance of becoming DA-grist. The masked-robber reputedly pointed a gun at the guy which justifies his initial shots. But by pursuing the robber, the sorta-good-guy then becomes the assailant. Police are required to stop such threats by pursuit. Citizens cannot. When the bad guy flees w/o any captives - let them go.

[gaptrick]

...a suppressor will take the ring/sting out of that pop....

[carmen fovozzo]

Between the concussion and the muzzle flash, it was still mildly disorienting.

And you still haven't fully recovered.

I wasn't quite right in the first place, ya goober. What's your point?

Quite ?

[Col Duke]

After I bought my AK pistol several years ago, I visited my local (Greene) sheriff's office to ask basically the same question. I took my manual that came with the gun, some photos of it on my phone, and a document I found on line about it being considered a handgun by the feds. I asked to speak with a deputy concerning traveling with firearms in the car.

The deputy I spoke with was an older woman. I showed her everything I had brought, then explained I traveled almost the length of the county to get to the range where I shot. I then asked, "If I get pulled me over and I have this gun, loaded, in my passenger compartment, will these documents, alerting the officer, and my CCW be enough to satisfy the officer?"

Without hesitation, she told me if she pulled me over and saw that gun anywhere near me, I wouldn't have time to show her anything because I would be spread eagle on the ground. "I'm not a gun expert, and that looks like a machine gun to me. You'd be on the ground until backup arrived, then I'd arrest you for an illegal firearm. It would be up to the DA to figure out if he wanted to prosecute or even had a case against you." She then advised me to carry it unloaded in the trunk in a locked gun case.

[JustaShooter]

Without hesitation, she told me if she pulled me over and saw that gun anywhere near me, I wouldn't have time to show her anything because I would be spread eagle on the ground. "I'm not a gun expert, and that looks like a machine gun to me. You'd be on the ground until backup arrived, then I'd arrest you for an illegal firearm. It would be up to the DA to figure out if he wanted to prosecute or even had a case against you."

A "machine gun" huh? Hopefully, you contacted her superiors and suggested that their training officer do their job and educate these people. SMH

[Brian D.]

Hopefully that deputy isn't allowed out of the office much.

[docachna]

Hopefully that deputy isn't allowed out of the office much.

Probably just promoted to patrol supervisor.............

[willbird]

...a suppressor will take the ring/sting out of that pop....

Just a heads up on that idea. I’m pretty sure that supressors under Ohio law are “dangerous ordnance” (the legal term ORC uses) and cannot legally be CCW.

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or silencer;

Section 2923.12 | Carrying concealed weapons.
(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.



(2) Division (A)(2) of this section does not apply to any person who, at the time of the alleged carrying or possession of a handgun, either is carrying a valid concealed handgun license