Legal in Ohio?

[bert]

Is it Legal to have your handgun in your suitcase and in a Motel while traveling through Ohio. I know there is no reciprocity agreements with PA regarding right to carry permits.

[Gunny1969]

This will get you started on your question:

http://www.buckeyefirearms.org/

[S&WMan]

Hey, I just moved to PA from OH. Here's the deal. I've had my gun with me many times in hotels, but I don't know the legality of that. I'm not sure it's even posted in the OH firearm laws. You may want to e-mail or call the hotel and ask them.

As far as carrying your gun in your suitcase in your car. That is a no go unless. Your gun is unloaded, in a locked case, and your ammunition is separate from and not easily accessible to your firearm. Open carry is legal in OH but LEOs have been known to be just as much a problem in this regard as in other states (brandishing is illegal so you have to be careful to not scare anyone). I do believe the law is now changed that you don't have to have the gun in a locked case anymore but I would go with the above to be safe. Also you are considered to be carrying concealed if you have a gun on your person in a vehicle open or not so don't do it without an ohio ccw.

OH doesn't recognize PA LTCF, unfortunately.

Bear in mind I'm not a lawyer so double check this via the ohio gun laws, pretty sure you can see them at the NRA website. You could also send an e-mail to the OH attorney general and ask him.

[ChuckS]

What S&WMan said and....

a loaded magazine is considered a loaded weapon.

Good luck.

[cock&lock]

What S&WMan said and....

a loaded magazine is considered a loaded weapon.

Good luck.

If you are claiming that a firearm is considered "loaded" when the magazine is OUTSIDE of the weapon then you need to provide a citation to a statute or case law. I have seen this claim made several times with regard to both Ohio and Maryland. But have yet to see any authority to back it up.

[JCWohlschlag]

If you are claiming that a firearm is considered "loaded" when the magazine is OUTSIDE of the weapon then you need to provide a citation to a statute or case law. I have seen this claim made several times with regard to both Ohio and Maryland. But have yet to see any authority to back it up.

Served.

Ohio Revised Code § 2923.16 Improperly handling firearms in 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 the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

(1) In a closed package, box, or case;

(2) In a compartment 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) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either 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.

…

(K) As used in this section:

(1) “Motor vehicle,” “street,” and “highway” have the same meanings as in section 4511.01 of the Revised Code.

(2) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.

(3) “Agriculture” has the same meaning as in section 519.01 of the Revised Code.

(4) “Tenant” has the same meaning as in section 1531.01 of the Revised Code.

(5) “Unloaded” means any of the following:

(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question.

(b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.

(6) “Commercial motor vehicle” has the same meaning as in division (A) of section 4506.25 of the Revised Code.

(7) “Motor carrier enforcement unit” means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by section 5503.34 of the Revised Code.

[BCI Instructor]

Is it Legal to have your handgun in your suitcase and in a Motel while traveling through Ohio. I know there is no reciprocity agreements with PA regarding right to carry permits.

Hello bert / all,

If interested, check the "Pittsburgh Region" Forum for a thread on Utah permit classes I am offering not far from you. A Utah permit alone would give you coverage in PA, WV, Ohio and 26 other states; combined with your PA LTCF you'd have 33 state coverage - the maximum 2 permit combo coverage available to a PA resident.

If this trip is a one time thing or is in the very near future, the info that follows may be helpful ... (edit: JCW types faster than I, his excellent post wasnt visible to me when I offered the general info below)

Having your unloaded firearm in a locked container; ammo / mags / speedloaders in a separate locked container; both containers in your trunk _or_ in the rearmost section if an SUV or minivan may only apply if you are traveling _through_ Ohio on a continuous journey.

Protections afforded by the Firearm Owners Protection Act would only apply
to interstate travel, not intrastate. If you are stopping in Ohio for anything more than a brief rest stop, fuel or a brief meal _state_ law then applies.

Example # 1:
You have a PA LTCF.
You are traveling from PA, through OH, to WV.
PA LTCF is valid in PA and WV.
Federal Law (FOPA above) applies for your travel through Ohio.

If you stop in Ohio and check into a hotel, visit a friend or family and stay overnight, etc ... state law applies. Also, any policies of the hotel as private property may apply as well.

Example # 2:
You are in Erie, PA, headed to Potter County, PA - but your trip will take you over the border from PA into NY then back into PA again.
Follow the FOPA guidelines and you're safe to travel through NY.
Stop in NY and stay overnight: you risk becoming a felon.

Reference info:
(Federal) Firearm Owners Protection Act
US Code Title 18 Chapter 44 ss 926A
uscode.house.gov/search/criteria.shtml

Ohio laws generally:
www.ohioccw.org
http://www.ag.state.oh.us/le/prevent...arry/index.asp

... hope this helps ...

[BCI Instructor]

Served.

Ohio Revised Code § 2923.16 Improperly handling firearms in 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 the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

(1) In a closed package, box, or case;

(2) In a compartment 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) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either 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.

…

(K) As used in this section:

(1) “Motor vehicle,” “street,” and “highway” have the same meanings as in section 4511.01 of the Revised Code.

(2) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.

(3) “Agriculture” has the same meaning as in section 519.01 of the Revised Code.

(4) “Tenant” has the same meaning as in section 1531.01 of the Revised Code.

(5) “Unloaded” means any of the following:

(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question.

(b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.

(6) “Commercial motor vehicle” has the same meaning as in division (A) of section 4506.25 of the Revised Code.

(7) “Motor carrier enforcement unit” means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by section 5503.34 of the Revised Code.

Excellent post / reference material.

[ChuckS]

Served.



Ohio Revised Code § 2923.16 Improperly handling firearms in a motor vehicle....

Thanks JCWohlschlag.

[bert]

In simple language: I have a group of friends that are breaking the law every time they drive through Ohio. I'll have to check on that Utah permit class. If the information is accurate, it appears to good to be true?