Ohio CCW

[Rmeju]

A couple of questions about Ohio CCW:


1. Did they ever get rid of that rediculous "must be unconcealed when operating a motor vehicle" rule? Do you still have to do the Buckeye Tuck?

2. Is there preemption yet? If not, how is CCW affected (if at all)? I understand Cleveland is fighting preemption, but not necessarily on CCW. Do they respect the state law as far as CCW goes?

3. Is restaurant carry (where they can dispense alcohol) a felony? Is there anything pending to fix that?

These are the items that I couldn't readily find at the Ohioans for Concealed Carry site. I ask because I'm here in Cleveland for work, and wasn't sure I wanted to deal with all the BS. As I remeber from the original law, almost every violation off the CCW statutes was a felony here so I didn't want risk it.

Any help?

Reid

 

[TheBluesMan]

1. Did they ever get rid of that rediculous "must be unconcealed when operating a motor vehicle" rule? Do you still have to do the Buckeye Tuck?

Yes, they got rid of that law earlier this year.

Transporting in Motor Vehicles
The transportation of loaded, concealed handguns in motor vehicles is permitted, but strict obligations are imposed by the law to protect you and law enforcement. These obligations apply to drivers and occupants. These obligations do not apply if you are not transporting a loaded, concealed handgun inside the vehicle. You may not have a loaded handgun in the vehicle if you are under the influence of drugs or alcohol. You may not transport a loaded, concealed handgun in a vehicle unless it is carried in one of the following ways:

The loaded handgun is in a holster secured on the person. Ohio law previously required carrying firearms in holsters in plain sight. The “plain sight” provision has been removed from the law.

The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun, or

The loaded handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked.

Motorcycles fall under the definition of motor vehicles. Thus, the same requirements apply to licensees who carry a handgun while on a motorcycle.

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2. Is there preemption yet? If not, how is CCW affected (if at all)? I understand Cleveland is fighting preemption, but not necessarily on CCW. Do they respect the state law as far as CCW goes?

There is preemption on the books, but a few cities are fighting it as of now.

3. Is restaurant carry (where they can dispense alcohol) a felony? Is there anything pending to fix that?

Not sure if it is a felony or a misdemeanor, but it is illegal, that I know.

Premises that dispense liquor. Concealed firearms are also banned in a room or arena in which liquor is dispensed for which a class D permit has been issued. A class D permit is generally issued to an establishment that sells alcohol for consumption on the premises. Be certain of the type of permit and whether liquor is being dispensed before you enter with a concealed handgun.

Don't make yourself a test case. Study the law and know what you're doing before you carry. http://www.ag.state.oh.us/le/prevention/pubs/200808_ccw_book.pdf

 

[FieroCDSP]

Buckeyefirearms.org has a good multi-part article detailing what the brand new law (starts Sept 9) applies to and affects. Here is the first part on the new Castle Doctrine, the rest of the parts are at the bottom below it.

Also, you can get the old version of the CCW pamphlet from the AG's website, one per household for free. I'm not sure when the new revised ones are going to be out.

 

[Superpsy]

Just a note. ohioccw.org has lots of good info and ohio specific online forums as well.

 

[Linda]

1. Did they ever get rid of that rediculous "must be unconcealed when operating a motor vehicle" rule? Do you still have to do the Buckeye Tuck?

2. Is there preemption yet? If not, how is CCW affected (if at all)? I understand Cleveland is fighting preemption, but not necessarily on CCW. Do they respect the state law as far as CCW goes?

Both of these were fixed with HB347. That went into law March 14, 2007.

Restaurant carry fix is on our wish list to get fixed.

 

[SMMAssociates]

The AG's revised (and somewhat misleading) NEW booklet is available, I'm told, on the AG's web site....

Restaurants that serve are still a Felony. However, the new bits that take effect next week clarify the grocery stores & such. It's now "sold for on-premise consumption".

(We also picked up the legal ability to drop off or pick up our kids using school property - parking lots, driveways - instead of using the street or leaving the gun at home. Can't get out of the car, though, and I have no idea what you'd do to secure a little one in a car seat, or deal with other things that could come up - leave the kid crying and go home?)

Regards,