I’m wondering this because I’m considering carrying a shotgun in my trunk - just in case I should ever need it. And I can comply with the law stated above - putting the shotgun itself in the trunk, and keeping the shells in the glove box, for example. But if I should get pulled over and my trunk inspected for whatever reason, can they bring me up on charges because I’m not traveling with it from point A to point B, but traveling with it in general?
I’m not sure, and I suspect the law is silent on the issue. A good assumption, however, is that firearms transportation laws presume you are simply transporting them from point A to point B.
Ohio Revised Code 2923.16, ORC 1547.69
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 which 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 firearm 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.
IANAL, but I would think #2 means you can legally have a firearm in your trunk. Unloaded, of course.
The ”transport or have” is interesting. What does “have” mean? The way I read it, it sounds like “permanently storing a firearm in your vehicle.”
I’ve spoken to a local Toledo cop friend about this very thing at one time in the not too distant past. He told me then that you may “store” a firearm in your trunk, provided you meet the other requirements above. You do not have to be simply transporting from Point A to Point B, as you do in many other states, to legally have a firearm in the car. He also told me that if an officer of the law has any occasion to open your trunk, it’d be a damn good idea to tell him prior to his opening it, that you have a firearm in there; the cops don’t like surprises like that.
And one more point to be wary of. There are some places where it is illegal to bring a firearm, even if you are complying with all the above; places suchs as school & bd. of ed. grounds, city parks, and in fact, pretty much any property owned or controlled by a village, city, county, or state government agency. Public shooting ranges being the obvious exception here.
Frankly, I find that, with the exception of no concealed carry, the firearms laws in Ohio are, in the general case, fairly liberal. Comparatively speaking, of course. There are several large municipalities that are becoming increasingly strict and even banning certain types of handguns.
I have my concealed carry license for the state of Kentucky. I am only 10 minutes from Cincinnati, so the question came up in the concealed carry class about travelling into Ohio with a gun.
According to the Sheriff of Pendleton County, keeping the gun in the trunk is adequate to stay within the laws of Ohio. But, just to be safe, he recommended unloading the weapon before putting it in the trunk. When I know I’m going into Ohio, I leave the clip in the glove compartment and store the pistol in a bag in my trunk.
Bringing this subject back, because something occurs to me.
The law says:
**
But later:
**
The first part seems to imply that loaded firearms can be kept so long as they’re in a seperate compartment in the vehicle (ie trunk). The latter part, though, specifically enumerates keeping it in a seperate compartment in addition to being unloaded.
In other words, part B and C seem to conflict.
This seems contradictory to me, but perhaps the subtleties of legal speak are throwing me off. Can anyone enlighten me?
Perhaps it’s just saying that it can be legally carried either way (loaded or unloaded in a seperate compartment?)
I’m surprised how often I have to provide this information:
Most states’ laws are available online, somewhere that can be found by starting at www.state.xx.us with the state abbreviation, OH in this case, in place of the xx
I’ve found that summaries of the law - even from reputable sdites - are often incomplete.
Agree. And it appears the “summary” obtained by SenorBeef actually changed the meaning of the law.
SenorBeef: I’ve lived in Ohio all my life, and have hunted here for the last 20 years. It has always been common knowledge that no one is permitted to have a loaded firearm in a vehicle. The plain language of 2923.16 seems to support this. It also appears you can keep an unloaded firearm in your trunk indefinitely.
To clarify: Can anyone with legal experience confirm that the “have” in “to have and transport” means that it can be stored there indefinitely, rather than for specific transportation?
I’ll probably confirm all this with a sheriff’s office or something - but I’m slightly paranoid that it’ll make my license plate tagged or something so that I’ll be harassed at traffic stops if I do.
IANAL, but unless there is a law that explicitly prohibits a person from indefinitely storing an unloaded firearm in their trunk, then they’re allowed under 2923.16.
I also advise you not to ask a LEO about this. A LEO is not a lawyer, and may give you incorrect or biased information, not to mention the fact he/she might “keep an eye on you.” If you wanna ask someone about it, talk to a lawyer.