For several years, a lot of readers showed interest in our article about improperly handling firearms in a motor vehicle. This article was based on Section 2923.16 of the Ohio Revised Code (ORC).
Transporting Firearms and Concealed Carry Laws
ORC 2923.16 lays out different requirements for people with concealed carry license and people without concealed carry. Even if the firearm is visible in the vehicle, the rules are different for the two groups. Firearms laws, especially as they apply to concealed carry, changed drastically in 2022. The laws also changed again in April of 2023. As one might expect, this change to the concealed carry laws had an impact on other laws. This includes laws for handling a firearm in a motor vehicle.
exploration of applicable laws
The relationship between these two laws can be hard to understand at first. Even with all the changes, ORC 2923.16 did not change significantly by itself. The law still makes some exceptions to the rules. For example, there are exceptions people that have a concealed carry license and are not in a restricted area. For those not exempt, the law also still contains these rules:
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.
No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm 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) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either 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.
Even though Ohio became a Constitutional Carry state in 2022, ORC 2923.16 still never says that qualifying adults are exempt. However, ORC 2923.111, which handles qualifying adults in Ohio’s concealed carry laws does impact other laws. This section essentially states that wherever concealed carry is mentioned in other sections, it should be understood to apply to qualifying adults. Of course, there are exceptions to this rule as well, but it still makes a big change to the laws for transporting firearms.
Rules for Qualifying Adults
Even if you are a qualifying adult, there are still rules you need to follow while transporting firearms in Ohio. For example, you still cannot carry a concealed weapon in certain places. These places include but are not limited to school zones, police stations or courtrooms.
You also still have to disclose that you are carrying a weapon if asked by an officer during a traffic stop.
Also note that some States recognize Ohio’s concealed carry license, but not every state is a constitutional carry state. Even if you are a qualifying adult in Ohio, you could still get in trouble in another state if you are transporting a weapon without the proper licensing in that state.
Conclusion
Even though Ohio is a constitutional carry state, you can still end up on the wrong side of firearms laws. If you have questions about improperly handling firearms in a motor vehicle, or if you have a legal issue regarding firearms or any other matter requiring criminal defense, feel free to contact Dearie, Fischer & Martinson.
