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Post subject: Saying Hello and a Transport question.
Post Posted: Fri Oct 17, 2014 7:14 pm
Greetings GentleFolk, I joined this forum to ask this question: Is it still the case in OHIO that a Firearm and
its ammunition may not be transported in the same compartment of a motor vehicle? My last car had a trunk separate from its passenger compartment. My new car is a hatchback, and the compartments are not separate.
How do I avoid breaking the law, if that law is still in effect. If this question should be elsewhere on this forum, please let me know, or feel free to move it. Best wishes to all.
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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Fri Oct 17, 2014 7:45 pm
The portion of Ohio law that applies to transporting firearms in a motor vehicle is ORC 2923.16 - but it boils down to this for handguns:

If you have a concealed handgun license from Ohio or from a state that Ohio recognizes, you can have a loaded handgun in the car with you as long as it isn't accessible to any unauthorized persons.

Otherwise, it must be unloaded and gun and ammo/magazines/speed loaders stored separately. Separately doesn't mean separate compartments of the motor vehicle, though, just that they are completely enclosed in separate containers or separate compartments within the same container as long as they completely enclose the gun and ammo/magazines/speed loaders separately. This is from the link above:

Quote:
(K)(5)(a) "Unloaded" means ... that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.


And then further,
Quote:
a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.


So, you could have the gun in a range bag in a compartment that closes with a fastener of some kind and the ammo/magazines/speed loaders in a separate compartment within the range bag as long as it closes with a fastener. Once you've done that, the range bag can be anywhere in the vehicle you like (though probably best if it is in the hatchback, it is not required).

Hope this helps!

Christian, Husband, Father
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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Fri Oct 17, 2014 8:05 pm
righthandtwist, welcome to the forum! ..as an example, when I go to the range, i'll have the rifle in a rifle case, empty mags in the pouches of the case (or in a range bag). that's a little old school because the law has changed recently to allow us to transport "loaded mags", so long as the placement of the mags (in relation to the accompanying firearm) is according to justashooter's post... just make sure you understand the law's definition of "loaded" and "unloaded" firearm... a valid CHL holder may transport a "loaded" handgun, of course, but never transport "loaded" long guns...

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Sat Oct 18, 2014 12:48 am
righthandtwist:

Welcome Aboard!

If you don't have a CHL, the rules quoted above basically just want the gun to be unloaded. Some of us prefer separate packages, or separate compartments. Really doesn't matter as long as the gun's unloaded, and it takes several movements to load it. ("Officer Safety", rather than "Our Safety".)

We used to have to store this stuff (the bags/boxes/whatever) "in plain sight", but that went away, although you can leave a long gun on the back seat, or in a rear window gun rack, as long as the action is open and the gun is unloaded.

There's a sticky referenced in the "Forum Rules" masthead at the top of this page that you should have a look at - or at least the first page or so. It's not mandatory, and may be sleep inducing, but you did want to know who the little dog in my avatar is :D....

Regards,

Stu

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Sun Oct 19, 2014 8:42 pm
Thanks for all the info. So after reading the law and all the replies, to me it boils down to the following: To transport my handguns to and from the range I can have unloaded handguns, ammo, and unloaded magazines in the same container providing each is in a separate compartment of said container having an approved fastener or closure. To transport a longarm, the same applies with the addition that the longarm must also be unloaded in a separate container. So, if I put everything in separate snapped pockets of my range bag, on the floor of my hatch, and my longarm in a gun case on the floor of my hatch, I am following the law. Sound good?
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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Sun Oct 19, 2014 9:26 pm
Yup, sounds good.

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Mon Oct 20, 2014 4:40 am
righthandtwist:

I think you no longer need to empty the magazines....

IAC, what you're thinking of will work.

Note that the "fastener" need not be a lock. It appears that a zipper, finger latch (like a glovebox door), or just about anything that you can't just "lift", ought to work.

My '99 Town Car has a cute little door pocket with a snap-shut lid on the driver's door. There's no real "fastener", but a fairly heavy spring. Not good enough, IMHO, for children or passengers, but that might pass for just an adult in the car (or nobody at all in the car).

(Gave the car to my wife - I had a probate issue getting plates on an inherited '99 Caddy, and I just parked the Caddy for a while. By the time I got that straightened out, she'd put three years worth of "my" mileage on the Lincoln. I don't go anywhere :D.... So, I'm driving the Caddy, with less than 50,000 miles on it, and she's killing the Lincoln - 102,000 miles.... She wants something smaller anyway.)

If you're licensed note that you must notify the Officer promptly, and "promptly" is not defined.... (Bad law.) If you're not licensed, you don't have to....

(If you're licensed and not carrying, you don't have to notify, either. Some LEO's don't know that. Define "carrying" as having the gun with you, though, IMHO.)

Regards,

Stu

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Mon Oct 20, 2014 7:21 am
Welcome!

-Matt

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Mon Oct 20, 2014 7:55 am
SMMAssociates wrote:
I think you no longer need to empty the magazines....

You are correct, Stu. That changed March of last year as I recall.

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Mon Oct 20, 2014 8:35 pm
righthandtwist wrote:
Thanks for all the info. So after reading the law and all the replies, to me it boils down to the following: To transport my handguns to and from the range I can have unloaded handguns, ammo, and unloaded magazines in the same container providing each is in a separate compartment of said container having an approved fastener or closure. To transport a longarm, the same applies with the addition that the longarm must also be unloaded in a separate container. So, if I put everything in separate snapped pockets of my range bag, on the floor of my hatch, and my longarm in a gun case on the floor of my hatch, I am following the law. Sound good?

yep, should be good to go, ..if it's any comfort, that's identical to the way I transport to/from the range (all but the on-body CHL handgun and mag) ;)

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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Fri Oct 31, 2014 12:03 pm
One last question on the topic. Does velcro qualify as a "Fastener"? because all the pockets on my range bag close with velcro.
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Post subject: Re: Saying Hello and a Transport question.
Post Posted: Fri Oct 31, 2014 12:33 pm
righthandtwist wrote:
One last question on the topic. Does velcro qualify as a "Fastener"? because all the pockets on my range bag close with velcro.

Yes. From http://codes.ohio.gov/orc/2923.16 section (K)(5)

Quote:
(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;


Hook and loop is the generic name for Velcro.

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