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Ohio AG's Office Works to Educate Law Enforcement Agencies on Gun Law Changes PDF Print E-mail
Ohio Law & Politics
Written by Daniel White   
Thursday, 21 August 2008 01:17

Ohio Attorney General Nancy Rogers' office, partially in response to OFCC's request for assistance, has taken several steps to educate law enforcement officials in Ohio about not only the upcoming changes in Ohio's concealed carry laws (scheduled to go into effect September 9), but also reminding of the fact that open carry is legal in Ohio.

The new Concealed Carry Publication required to be published by the Attorney General is due to be in sheriff's hands by September 8 and will not only cover the changes in the law, but will also contain information about the legality of open carry.

They also will be including open carry information in upcoming continuing education sessions conducted through the Ohio Peace Officers Training Commission, such as the Fall 2008 Ohio Attorney General's Conference on Law Enforcement. These sessions are attended by many police departments in Ohio.

In addition, an article has been written for the August/September issue of The Trainer, a training publication sent to the training division of all police departments in the State. The AG's office has provided OFCC with a copy of this article, which appears below.
UPCOMING CHANGES IN CCW LAW

On September 8, 2008 significant changes to Ohio's concealed carry law, as modified by Sub. S. B. No. 184, will take effect. Open carry of firearms, which is a lawful activity in Ohio, is not affected. Notable changes allow licensees to carry handguns on school property if they are in the immediate process of dropping off or picking up a child, principal holders of D liquor permits and their employees who are off-duty peace officers may carry concealed handguns on liquor permit premises and sealed criminal records may not be considered in the licensing process for concealed carry licenses. Other major changes include: a rebuttable presumption of self-defense arises in criminal cases if a person uses deadly force against another in their residence or vehicle.

Changes with respect to vehicle carry require that licensees carry firearms 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 24 inches overall and barrel is at least 18 inches, either in plain sight with action stripped, or, if the firearm cannot stay open/be easily stripped, in plain sight. A licensee may also transport a loaded handgun that is "securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked."

When law enforcement stops a person and the person either: surrenders the firearm, or the officer seizes firearm, the following apply: first, if the firearm is not returned at end of stop, the officer or agency "shall maintain the integrity and identity of the firearm" as to be returned "in the same condition it was in when it was seized." Second, if the firearm is not returned and court action is necessary to compel the return of the firearm, the court "shall award reasonable costs and attorney's fees to the person who sought the order to return the firearm.

Further information and training opportunities on the new bill will be forthcoming on the Attorney General's Office website and at the Fall 2008 Ohio Attorney General's Conference on Law Enforcement.

OFCC thanks Attorney General Rogers and Jonathan Fulkerson for their efforts to help halt the harassment of law-abiding Ohio citizens by some law enforcement officials who claimed to be unaware that open carry is legal.