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Page Hometown » Ohio
Posted: 7/12/2003 3:05:33 PM EDT
Here is what I have been doing, the gun/rifle is in the trunk in a case unlocked, the ammo and mags are in the backseat, is this correct? Also, is the mags supposed to be loaded or unloaded in the backseat?

Thanks
Link Posted: 7/12/2003 7:04:56 PM EDT
Here ya go:


(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 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.

(2) Division (A) of this section does not apply to a person if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.

(b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.

(c) The person owns the real property described in division (D)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.

(d) The person does not discharge the firearm in any of the following manners:

(i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

(ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking;
iii) At or into an occupied structure that is a permanent or temporary habitation;
(iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
(3) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply:
(a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle.

(b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.
(c) The person owns the real property described in division (D)(3)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.
(d) The person, prior to arriving at the real property described in division (D)(3)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic or parking.
(E) The affirmative defenses contained in divisions (C)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section.

(F) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the first degree. Violation of division (C) of this section is a misdemeanor of the fourth degree.
(G) 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, 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.
HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 147 v H 275. Eff 12-31-97.

Not analogous to former RC § 2923.16 (RS § 7031; S&C 448, 449; 29 v 161; GC § 13390; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
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 charge in the pan. This recognizes that removing the ball and main charge 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.

Link Posted: 7/13/2003 9:24:28 AM EDT

2) Division (A) of this section does not apply to a person if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.




Am I reading this correctly in that it is perfectly legal to shoot at varmints from your vehicle?

Even from the road?

Please correct me if I'm wrong.
Link Posted: 7/13/2003 10:14:54 AM EDT
Hey Shotar, thanks for the excellent info as usual. Since your a Sheriff, is it true you can't run laser or radar on an Interstate, because the State Trooper does that?
Link Posted: 7/13/2003 5:36:14 PM EDT
No, it is not true. We can enforce any law anywhere in the state. We just don't make that a priority in general as we often have other things to do and well, thats what troopers live for.
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