Submitted by Friedman Nemecek on
Due to the current widespread confusion among Ohio gun owners, we felt it necessary to clarify some frequently asked questions regarding the transportation of firearms in vehicles under Ohio’s “Constitutional Carry” status. While Ohio is an open-carry state, this does not grant unlimited rights to own or transport a firearm. There is a common misconception that Ohio’s “Constitutional Carry” status supersedes other Ohio laws or creates unfettered rights. However, this is not entirely accurate. As Attorney General Dave Yost has stated, “‘Constitutional carry’ does not mean Ohioans can carry a concealed weapon everywhere. The laws limiting guns in certain places still apply.”
Ohio’s Improperly Handling Firearms in a Motor Vehicle Statute
An example of this is Ohio’s Improperly Handling Firearms in a Motor Vehicle Statute, codified as Ohio Revised Code § 2923.16. Effective as of April 4, 2023, the statute states, in relevant part:
(B) 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; AND
© 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 and 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.
Exceptions for Concealed Weapon License Holders
The above restrictions do not apply to individuals who possess a valid concealed weapon license or active-duty members of the armed forces carrying a valid military ID and documentation of completed firearms training. Learn more.
Simply put, residents with a concealed weapon permit are authorized to transport a loaded and concealed firearm in a motor vehicle unless under the influence of drugs or alcohol. These rules apply equally to cars and motorcycles. Those without a concealed weapon permit may not transport a loaded concealed firearm in a motor vehicle. Instead, the firearm must be unloaded and carried in one of the following ways:
- In a closed package, box, or case;
- In a compartment that can be reached only by leaving the vehicle (e.g., a
trunk); - In plain sight and secured in a rack or holder made for the purpose; or
- If the firearm is at least twenty-four inches in overall length with a barrel of
at least eighteen inches, either in plain sight with the action open or the
weapon stripped, or in plain sight if the firearm cannot be easily stripped.
School Safety Zones
Furthermore, residents with a concealed weapon permit may possess a firearm in their vehicle when driving into a school safety zone. However, if they leave the firearm in the vehicle, it must remain inside, and if they exit the vehicle, the firearm must be locked inside. Permitless carriers are not allowed to possess a firearm in a school safety zone under any circumstances.
Conclusion
Ohio firearm laws are subject to change, and this blog is intended to highlight an area of frequent confusion among responsible gun owners. This information should not be considered legal advice. Firearm owners are encouraged to consult with knowledgeable Ohio lawyers to stay informed about the current state of Ohio firearm laws. If you have any questions regarding your rights, please contact Friedman Nemecek Long & Grant, LLC, with offices in Cleveland and Columbus, Ohio, at 216-928-7700. You can also visit us online at Friedman Nemecek Long & Grant,
LLC.
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