CherokeeGunslinger
Member
This is going to be quite a long post, but when it's got to do with law, you can't summarize. Just please, bear with me and have some patience, and I promise you'll leave this thread with useful knowledge. "Here goes."
I've heard a bit of misinformation going around about Ohio's constitutional carry law that was signed into law by Governor DeWine on Monday. By "a bit of misinformation," I'm meaning one specific gripe that people seem to have with this law.
Some people in the gun community have been spreading this idea that the new law will not allow you to carry a loaded handgun in a motor vehicle without a CHL, and that if you choose to carry a concealed handgun without a CHL under the provisions of the bill, you'll have to unload and case it in the same way as if you were an open-carrier without a CHL. This is simply not true.
The law that was enacted implements the constitutional carry provisions through adding a new section to the Ohio Revised Code, that being Section 2923.111. https://codes.ohio.gov/ohio-revised-code/section-2923.111
Let's quote the part where it talks about qualifying adults.
(2) "Qualifying adult" means a person who is all of the following:
(a) Twenty-one years of age or older;
(b) Not legally prohibited from possessing or receiving a firearm under 18 U.S.C. 922(g)(1) to (9) or under section 2923.13 of the Revised Code or any other Revised Code provision;
(c) Satisfies all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code.
This language is what provides the basis for who this bill applies to. In this case, 21-year olds who are eligible to obtain a CHL.
Let's quote the part where it actually conveys the ability to carry a concealed handgun upon the aforementioned "qualifying adult."
(B) Notwithstanding any other Revised Code section to the contrary:
(1) A person who is a qualifying adult shall not be required to obtain a concealed handgun license in order to carry in this state, under authority of division (B)(2) of this section, a concealed handgun that is not a restricted firearm.
This language is what provides the right to carry a concealed handgun to a "qualifying adult."
"But CherokeeGunslinger, that still doesn't mean you can carry a concealed handgun in a motor vehicle without a CHL!" Let's get to that part, brother. Here's the part of the statute where it discusses what you can do as a non-CHL holder versus a CHL holder.
(2) Regardless of whether the person has been issued a concealed handgun license, subject to the limitations specified in divisions (B)(3) and (C)(2) of this section, a person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm anywhere in this state in which a person who has been issued a concealed handgun license may carry a concealed handgun.
(3) The right of a person who is a qualifying adult to carry a concealed handgun that is not a restricted firearm that is granted under divisions (B)(1) and (2) of this section is the same right as is granted to a person who has been issued a concealed handgun license, and a qualifying adult who is granted the right is subject to the same restrictions as apply to a person who has been issued a concealed handgun license.
This language here, which states that a non-CHL holder has the exact same right as a CHL holder to carry a concealed handgun, is expanded upon in the following language. This is a particularly long quote, so please bear with me, we have to trudge through all this in its absurd length.
(C)(1) For purposes of any provision of section 1547.69, 2923.12, or 2923.124 to 2923.1213 of the Revised Code, or of any other section of the Revised Code, that refers to a concealed handgun license or a concealed handgun licensee, except when the context clearly indicates otherwise, all of the following apply:
(a) A person who is a qualifying adult and is carrying or has, concealed on the person's person or ready at hand, a handgun that is not a restricted firearm shall be deemed to have been issued a valid concealed handgun license.
(b) If the provision refers to a person having been issued a concealed handgun license or having been issued a concealed handgun license that is valid at a particular point in time, the provision shall be construed as automatically including a person who is a qualifying adult and who is carrying or has, concealed on the person's person or ready at hand, a handgun that is not a restricted firearm, as if the person had been issued a concealed handgun license or had been issued a concealed handgun license that is valid at the particular point in time.
(c) If the provision in specified circumstances requires a concealed handgun licensee to engage in specified conduct, or prohibits a concealed handgun licensee from engaging in specified conduct, the provision shall be construed as applying in the same circumstances to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
(d) If the application of the provision to a person depends on whether the person is or is not a concealed handgun licensee, the provision shall be applied to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
(e) If the provision pertains to the imposition of a penalty or sanction for specified conduct and the penalty or sanction applicable to a person who engages in the conduct depends on whether the person is or is not a concealed handgun licensee, the provision shall be applied to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
This language specifically makes it so that anywhere the Ohio Revised Code talks about concealed handgun licenses and concealed handgun licensees, it will also apply to "qualifying adults."
O.R.C. Section 2923.12 (carrying concealed weapons) was never amended to insert any constitutional carry legislation, similar to O.R.C. Section 2923.16 (improperly handling firearms in a motor vehicle). If a non-CHL holder has no right to carry a concealed handgun in a motor vehicle because 2923.16 wasn't amended to add any constitutional carry language, then a non-CHL holder has no right to carry a concealed handgun at all under the new law. However, that's not the case, non-CHL holders will be able to carry a concealed handgun, including in motor vehicles, when the new law goes into effect on June 13th.
So, next time someone who is ignorant of what the new law says, tries to tell you this hogwash about how "you still won't be able to carry a pistol in a car," you can direct them here. If they decide not to read because of the sheer length, thry shouldn't be talking about this new law.
Have a good one, brothers and sisters.
I've heard a bit of misinformation going around about Ohio's constitutional carry law that was signed into law by Governor DeWine on Monday. By "a bit of misinformation," I'm meaning one specific gripe that people seem to have with this law.
Some people in the gun community have been spreading this idea that the new law will not allow you to carry a loaded handgun in a motor vehicle without a CHL, and that if you choose to carry a concealed handgun without a CHL under the provisions of the bill, you'll have to unload and case it in the same way as if you were an open-carrier without a CHL. This is simply not true.
The law that was enacted implements the constitutional carry provisions through adding a new section to the Ohio Revised Code, that being Section 2923.111. https://codes.ohio.gov/ohio-revised-code/section-2923.111
Let's quote the part where it talks about qualifying adults.
(2) "Qualifying adult" means a person who is all of the following:
(a) Twenty-one years of age or older;
(b) Not legally prohibited from possessing or receiving a firearm under 18 U.S.C. 922(g)(1) to (9) or under section 2923.13 of the Revised Code or any other Revised Code provision;
(c) Satisfies all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code.
This language is what provides the basis for who this bill applies to. In this case, 21-year olds who are eligible to obtain a CHL.
Let's quote the part where it actually conveys the ability to carry a concealed handgun upon the aforementioned "qualifying adult."
(B) Notwithstanding any other Revised Code section to the contrary:
(1) A person who is a qualifying adult shall not be required to obtain a concealed handgun license in order to carry in this state, under authority of division (B)(2) of this section, a concealed handgun that is not a restricted firearm.
This language is what provides the right to carry a concealed handgun to a "qualifying adult."
"But CherokeeGunslinger, that still doesn't mean you can carry a concealed handgun in a motor vehicle without a CHL!" Let's get to that part, brother. Here's the part of the statute where it discusses what you can do as a non-CHL holder versus a CHL holder.
(2) Regardless of whether the person has been issued a concealed handgun license, subject to the limitations specified in divisions (B)(3) and (C)(2) of this section, a person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm anywhere in this state in which a person who has been issued a concealed handgun license may carry a concealed handgun.
(3) The right of a person who is a qualifying adult to carry a concealed handgun that is not a restricted firearm that is granted under divisions (B)(1) and (2) of this section is the same right as is granted to a person who has been issued a concealed handgun license, and a qualifying adult who is granted the right is subject to the same restrictions as apply to a person who has been issued a concealed handgun license.
This language here, which states that a non-CHL holder has the exact same right as a CHL holder to carry a concealed handgun, is expanded upon in the following language. This is a particularly long quote, so please bear with me, we have to trudge through all this in its absurd length.
(C)(1) For purposes of any provision of section 1547.69, 2923.12, or 2923.124 to 2923.1213 of the Revised Code, or of any other section of the Revised Code, that refers to a concealed handgun license or a concealed handgun licensee, except when the context clearly indicates otherwise, all of the following apply:
(a) A person who is a qualifying adult and is carrying or has, concealed on the person's person or ready at hand, a handgun that is not a restricted firearm shall be deemed to have been issued a valid concealed handgun license.
(b) If the provision refers to a person having been issued a concealed handgun license or having been issued a concealed handgun license that is valid at a particular point in time, the provision shall be construed as automatically including a person who is a qualifying adult and who is carrying or has, concealed on the person's person or ready at hand, a handgun that is not a restricted firearm, as if the person had been issued a concealed handgun license or had been issued a concealed handgun license that is valid at the particular point in time.
(c) If the provision in specified circumstances requires a concealed handgun licensee to engage in specified conduct, or prohibits a concealed handgun licensee from engaging in specified conduct, the provision shall be construed as applying in the same circumstances to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
(d) If the application of the provision to a person depends on whether the person is or is not a concealed handgun licensee, the provision shall be applied to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
(e) If the provision pertains to the imposition of a penalty or sanction for specified conduct and the penalty or sanction applicable to a person who engages in the conduct depends on whether the person is or is not a concealed handgun licensee, the provision shall be applied to a person who is a qualifying adult in the same manner as if the person was a concealed handgun licensee.
This language specifically makes it so that anywhere the Ohio Revised Code talks about concealed handgun licenses and concealed handgun licensees, it will also apply to "qualifying adults."
O.R.C. Section 2923.12 (carrying concealed weapons) was never amended to insert any constitutional carry legislation, similar to O.R.C. Section 2923.16 (improperly handling firearms in a motor vehicle). If a non-CHL holder has no right to carry a concealed handgun in a motor vehicle because 2923.16 wasn't amended to add any constitutional carry language, then a non-CHL holder has no right to carry a concealed handgun at all under the new law. However, that's not the case, non-CHL holders will be able to carry a concealed handgun, including in motor vehicles, when the new law goes into effect on June 13th.
So, next time someone who is ignorant of what the new law says, tries to tell you this hogwash about how "you still won't be able to carry a pistol in a car," you can direct them here. If they decide not to read because of the sheer length, thry shouldn't be talking about this new law.
Have a good one, brothers and sisters.
