CC in vehicle

[antij0sh]

I live in Ohio and reading through the CCP regulations as far as traveling with a weapon you must either A)Have the gun in plain site on your person B) have it locked in a locker or C) have it locked in your glove box. This to me seems silly for being car jacked doesn't leave you much opportunity to unlock your glove box and having it visable on your person would totally defeat the purpose of a concealed weapon. Also, when you arrive to where ever your going you'd have to fumble around in your car to get your weapon concealed again before leaving, making it obvious to onlookers that your packing. Are the laws similar in other states ? Or am I misinterpreting them ?

[warmrain]

Ohio is the only place I now where this exists...

[Hawkmoon]

The Ohio state police did not want your concealed carry law to pass so they put this requirement in as a "poison pill," hoping it would kill the legislation. It didn't so now the citizens of Ohio have to live with it until it gets changed. It is unique to Ohio.

[antij0sh]

Sounds like i'm out of luck as far as that goes then. Does this also follow through to citizens of other states driving through who have a CCP under another states jurisdiction ?

[1911Pilot]

When MI passed the new shall issue law in 2001 they put a bunch of stupid little requirements in but nothing like this! Some examples I remember, No Carry into anyplace that sells alcohol, No carry into places with a capacity of over 1000 (I think it was 1k) Zero tolerance drinking & carrying (No sipping your GF/Wifes drink @ dinner while your guns locked in your car). There are others but I forget at the moment. Its been awhile since the 16 hours of class I was also required to take.

[MDaughen]

:D

you might want to check out the Ohioans for concealed carry sight at:

http://ohioccwforums.org/

the current legislature is working on fixing some of the bugs in our law and it has passed the house like 78-18 (HB347) it is supposed to be voted on by the state senate in late May......

The governor has stated that he will NOT sign it....so contact your state legislator in support if you want this anomoly fixed... :dead_hors

[Hawkmoon]

Sounds like i'm out of luck as far as that goes then. Does this also follow through to citizens of other states driving through who have a CCP under another states jurisdiction ?
"When in Rome, do as the Romans do."

Yes, of course it applies to anyone driving in Ohio. It's no different from a driver from Nevada having to obey the speed limit in Ohio. Having an out of state drivers license doesn't allow anyone to ignore Ohio's motor vehicle laws. Having an out of state CCW doesn't allow anyone to ignore Ohio's firearms laws.

[Woodman]

Personally, I don't see much of a problem with option A, having the gun in plain sight on your person while in a car. I would assume that would be pretty effective in persuading a potential carjacker in stopping what he's doing.

Other than that, I agree the riders on the law seem pretty stupid. At first I thought Texas's rider about speeding tickets getting your CCW permit pulled silly as well, but then I realized that if you're going to be a responsible citizen and carry a concealed firearm, you're going to be held to a higher standard.

Plus, from what I remember about driving in Texas... it's difficult to get a speeding ticket unless you're doing something pretty silly. :)

[MDaughen]

part of the problem is that in Ohio there is NO definition of "plain Sight" in this law, and each officer is left to his own judgement, some do not accept a IWB holster with grip exposed, though if it were drug paraphanelia he would no doubt argue that "it was in plain sight"
:D

another problem is that there have been lots of calls about "man with a gun" which have required officers to spend a lot of time and energy chasing down a law abiding citizen and wasting their time as well.... :butthead:

there are other issues as well.... :dead_hors

[Hawkmoon]

another problem is that there have been lots of calls about "man with a gun" which have required officers to spend a lot of time and energy chasing down a law abiding citizen and wasting their time as well....
That only indicates that the dispatchers have not been properly trained.

The first question upon receiving a call about a "man with gun" should be "What is he doing?" If the answer is "Nothing" or "eating a Big Mac" or "reading a newspaper," the dispatchers should inform the caller that "Nothing" and "eating a Big Mac" and "reading a newspaper" are not illegal and to please not burden the police with calls that do not report illegal activity.

[MDaughen]

I agree, but the Chief LEO's here about seem to think that they are the fire dept. and MUST physically respond to each and every call...

besides how else could they charge a lawfully armed person with "inducing panic"? :scared:

this is why we continue to fight through the good offices of our legislature in Ohio, several of them have since gotten their CHL and have found out what various inconveniences are faced by CHL holders in Ohio...

BTW MOST LEO's in Ohio are either "just fine" or even in favor of CHL.... :)

[antij0sh]

"When in Rome, do as the Romans do."

Yes, of course it applies to anyone driving in Ohio. It's no different from a driver from Nevada having to obey the speed limit in Ohio. Having an out of state drivers license doesn't allow anyone to ignore Ohio's motor vehicle laws. Having an out of state CCW doesn't allow anyone to ignore Ohio's firearms laws.

I guess the point here is read up on local law before you travel because its definately not posted as speed limits are.

[Dr. Dickie]

I live in Ohio and reading through the CCP regulations as far as traveling with a weapon you must either A)Have the gun in plain site on your person B) have it locked in a locker or C) have it locked in your glove box. This to me seems silly for being car jacked doesn't leave you much opportunity to unlock your glove box and having it visable on your person would totally defeat the purpose of a concealed weapon. Also, when you arrive to where ever your going you'd have to fumble around in your car to get your weapon concealed again before leaving, making it obvious to onlookers that your packing. Are the laws similar in other states ? Or am I misinterpreting them ?

Kinda, sorta. Here it is more of an oversight in the law.
In Florida, it is legal for someone to carry a handgun in their can, as long as it is one step to retrive it. That can be a closed glovebox (not locked) or even a closed gunrug--can't carry it open and sitting on the front seat :nono: .
However, when you get home, you are not allowed to carry it concealed from your car to inside your house (without a permit), nor are you allowed to carry it out in the open from car to house.
Basically, sticking strickly to the law (as I understand it--from reading a book written by a lawyer about Florida's gun laws), you can carry in your car, you can carry in your home, you just can't carry between your car and home (without a permit) :confused: .
Course, this is just an oversight and the local LE is not going to pounce on anyone without just cause. But it does show how laws get through with loopholes (sometimes intended, sometimes not).

[Tom]

Basically, sticking strictly to the law (as I understand it--from reading a book written by a lawyer about Florida's gun laws), you can carry in your car, you can carry in your home, you just can't carry between your car and home (without a permit) .
I know that Florida citizens living in apartments cannot, in the strictest sense, legally transport their guns from their apartment to their cars. That area is considered "common property" and the laws of gun possession and transport do not cover this area. I don't know of anyone being charged for doing this. This is another one of those legal oversights. But the bottom line is you have to obey the gun laws of any state in which you are in - be it as a resident or visitor - or risk the consequences.

[Woodman]

I know that Florida citizens living in apartments cannot, in the strictest sense, legally transport their guns from their apartment to their cars. That area is considered "common property" and the laws of gun possession and transport do not cover this area. I don't know of anyone being charged for doing this. This is another one of those legal oversights. But the bottom line is you have to obey the gun laws of any state in which you are in - be it as a resident or visitor - or risk the consequences.

If the gun is being transported in it's original case, or in a gun bag, etc. it should be pefrectly legal to transport in the common hallways of an apartment complex. You can tecnically walk down the street with the gun in a case, so long as you don't open it and draw it unless your life is at risk.

[Hawkmoon]

If the gun is being transported in it's original case, or in a gun bag, etc. it should be pefrectly legal to transport in the common hallways of an apartment complex. You can tecnically walk down the street with the gun in a case, so long as you don't open it and draw it unless your life is at risk.
Can you provide the statutory or regulatory basis for this statement? This is not the way I read the statute.

Florida statute 790.25(3) lists the following among Lawful Uses:
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
Paragraph 'l' specifically refers to vehicular travel when the pistol is not in the person's manual possession.

Paragraph 'm' specifically addresses carry from place of purchase to home and carry to or from a place of repair. It says nothing about carry to or from a shooting range, a competition, or taking it over to show Uncle Dave and Aunt Millie. And paragraph 'm' specifically says "unloaded." Your example of carrying a pistol down the street suggests that the pistol is loaded. That's concealed carry and requires a permit.

I find nothing in Florida's statutes to suggest that Tom's statement is incorrect.

[Woodman]

I'm sorry, I should have specified... I assume that when a weapon is carried in any container that is not intended for concealed use (box, bag, etc) it is unloaded for a trip to the range, to show cousin Millie, or whatever. In my opinion, a gun should only be loaded when it is intended to be brought to use, IE for home defense, or range use, or when being carried legally with the appropriate permits.

You have to think like the legislators. If you're not a concealed carry permit holder, what reason do you have to be wandering the hallways of your apartment complex with a loaded weapon at hand? If the gun is secure in a case, it has no business being loaded. Thus, in my opinion, now that I clarified I mean for weapons to be TRANSPORTED in an unloaded manner, I am in line with the law you posted.

If I mis-interpreted the statement earlier about "Florida citizens cannot legally TRANSPORT their guns", to which I was responding I apologise. However, since Tom stated Transport, and not Carry, I assumed he meant unloaded, as I don't see a reason to transport a loaded weapon.

[Tom in Ohio]

I am a LEO in Ohio (outside of Cleveland) and this was the biggest issue we had when the law came out. Nearly all of us think that it is stupid and was only put in there because of the Highway Patrol. We think that the idea of moving the pistol from concealment and into a glove box and back again every time you get in or out of the vehicle is asking for a negligent discharge. We also questioned how the majority of carry positions would even allow "plain sight". Our policy regarding this portion of the law is that as long as a driver notifies us that he is armed, and he has done nothing worse than a traffic violation, we aren't going to be making any criminals. I don't know how universal this is, or, especially, what the Highway Patrol will do. The unfortunate reality is that we are waiting for the "test case", just hope it's not you.

[Hawkmoon]

I'm sorry, I should have specified... I assume that when a weapon is carried in any container that is not intended for concealed use (box, bag, etc) it is unloaded for a trip to the range, to show cousin Millie, or whatever. In my opinion, a gun should only be loaded when it is intended to be brought to use, IE for home defense, or range use, or when being carried legally with the appropriate permits.

You have to think like the legislators. If you're not a concealed carry permit holder, what reason do you have to be wandering the hallways of your apartment complex with a loaded weapon at hand? If the gun is secure in a case, it has no business being loaded. Thus, in my opinion, now that I clarified I mean for weapons to be TRANSPORTED in an unloaded manner, I am in line with the law you posted.

If I mis-interpreted the statement earlier about "Florida citizens cannot legally TRANSPORT their guns", to which I was responding I apologise. However, since Tom stated Transport, and not Carry, I assumed he meant unloaded, as I don't see a reason to transport a loaded weapon.

You are missing the point of my question: The statute addresses ONLY transport home from the place of purchase, and between home and a place of repair. The statute does not make any provision for "transport" to and from a shooting range or over to Uncle Dave's -- regardless of whether or not the gun is loaded, regardless of whether or not the gun is concealed, and regardless of whether or not the gun is locked in a hard case.

Accordingly, I'd like to understand the statutory or regulatory basis for your statement:
If the gun is being transported in it's original case, or in a gun bag, etc. it should be pefrectly legal to transport in the common hallways of an apartment complex. You can tecnically walk down the street with the gun in a case, so long as you don't open it and draw it unless your life is at risk.

[Woodman]

Accordingly, I'd like to understand the statutory or regulatory basis for your statement:
There is none, I should have left that bit out. :)
And you're right, I missed that point about only stating to take it home and to the repair facility.

[Hawkmoon]

Woodman, I hope you don't think I'm picking on you. It's just that people come here looking for advice and information, and I would not want someone to get him/herself arrested because they found and followed some incomplete information they saw here.

[Woodman]

Woodman, I hope you don't think I'm picking on you. It's just that people come here looking for advice and information, and I would not want someone to get him/herself arrested because they found and followed some incomplete information they saw here.
Nope, no picking on at all. :) Like I said, I should have left that one bit out because it's not good information, and could possibly get someone in trouble.

[MDaughen]

T in O,

thanks for the input :D

Most of the LEO's I know are of the same opinion as you, but there are a few exceptions, and the OSP mostly falls into the exception :(

glad you are here, stay safe :)