Ohio's Constitutional Carry: What You NEED to Know!
The Second Amendment serves as the bedrock for constitutional carry in Ohio, a law allowing eligible individuals to carry a concealed handgun without a permit. Ohio Revised Code 2923.11 defines the specific eligibility criteria and outlines the prohibited locations where firearms are restricted, impacting where constitutional carry in Ohio can be exercised. The Ohio Attorney General's Office provides resources and guidance to help citizens understand their rights and responsibilities under constitutional carry in Ohio. Finally, firearms safety training, though not mandatory under constitutional carry in Ohio, remains a crucial element for responsible gun ownership and the safe handling of firearms.
Image taken from the YouTube channel NBC4 Columbus , from the video titled How Ohio’s constitutional carry gun law affected crime in cities .
Understanding Constitutional Carry in Ohio
This article aims to provide a clear and objective explanation of constitutional carry in Ohio, focusing on the key details that individuals need to understand.
What is Constitutional Carry?
Constitutional carry, also known as permitless carry, allows eligible individuals to carry a concealed handgun without needing to obtain a permit or license. This right is based on the Second Amendment of the United States Constitution. In the context of this article, we are specifically referring to how this applies in Ohio.
Ohio's Constitutional Carry Law
Effective Date and Legal Basis
Ohio's constitutional carry law went into effect on June 13, 2022. It removes the requirement for a person who is legally allowed to possess a handgun to obtain a concealed carry permit to carry it concealed. This law is codified primarily in Ohio Revised Code Section 2923.12.
Who is Eligible?
Not everyone can legally carry a concealed handgun in Ohio under the constitutional carry law. Certain restrictions apply. An individual must:
- Be 21 years of age or older.
- Be legally allowed to possess a firearm under both Ohio and federal law.
- Not be prohibited from possessing a firearm due to any specific legal restrictions (explained further below).
Who is Prohibited from Carrying?
Several factors can disqualify an individual from constitutional carry in Ohio. These include:
- Felony Convictions: Individuals convicted of a felony are generally prohibited from possessing firearms.
- Certain Misdemeanor Convictions: Specific misdemeanor convictions, particularly those involving violence or domestic violence, may also disqualify an individual.
- Protection Orders: Anyone subject to a protection order (e.g., a domestic violence protection order) may be prohibited.
- Mental Health Adjudications: Individuals adjudicated as mentally incompetent or committed to a mental institution may be prohibited.
- Drug Offenses: Certain drug-related convictions or ongoing substance abuse issues can disqualify someone.
- Federal Prohibitions: Federal law also prohibits certain individuals from possessing firearms, and these prohibitions apply in Ohio as well.
It's critical to note that the specific details of these prohibitions can be complex. Consulting with legal counsel is recommended if you have any doubts about your eligibility.
Where Can You Carry?
While constitutional carry expands where individuals can legally carry handguns, some restrictions still exist. Understanding these restrictions is crucial to avoid legal trouble.
Permitted Locations
Generally, individuals can carry concealed handguns in most public places where it was previously legal with a concealed carry permit.
Prohibited Locations
Ohio law specifies certain locations where firearms are prohibited, even with constitutional carry. These often include:
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Schools and Daycare Centers: Generally, firearms are prohibited in school safety zones, including school buildings and school grounds. Daycare centers may also have restrictions.
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Government Buildings: Restrictions can apply to courthouses, statehouses, and other government buildings. Specific regulations can vary. Signage indicating that firearms are prohibited must be present and compliant with law, otherwise the location must be considered okay to carry.
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Airports: Secure areas of airports are generally off-limits.
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Private Property: Private property owners can prohibit firearms on their property. This is usually indicated by signage. Respecting these restrictions is essential.
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Federal Buildings: Federal laws often prohibit firearms in federal buildings.
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Places of Worship: While there isn't a statewide ban on carrying in places of worship, individual places of worship can set their own policies.
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Locations Under the Influence: Carrying a firearm while under the influence of alcohol or drugs is illegal.
It is important to remember that these restrictions may have specific exceptions. Always check for posted signs and consult with legal resources if you have questions about specific locations.
Interacting with Law Enforcement
While constitutional carry is now law in Ohio, it's important to understand how to interact with law enforcement while carrying a concealed handgun.
Duty to Inform (Removed Under Constitutional Carry)
Under Ohio's previous concealed carry permit system, individuals were typically required to inform a law enforcement officer that they were carrying a handgun during a traffic stop or other interaction. The constitutional carry law eliminated this mandatory duty to inform.
However, it’s important to understand what could happen if you volunteered that information.
Recommendations for Interactions
- Remain Calm and Respectful: Maintain a calm and respectful demeanor during any interaction with law enforcement.
- Answer Questions Truthfully: If asked directly by a law enforcement officer if you are carrying a firearm, answer truthfully. However, you are not legally obligated to volunteer this information unless specifically required by law, if for example you are on the property of a business that posts signage requiring all persons present to inform law enforcement of firearm presence.
- Keep Hands Visible: Keep your hands visible and avoid making any sudden movements that could be perceived as threatening.
- Follow Instructions: Follow any instructions given by the law enforcement officer.
Potential Legal Ramifications
While not required to inform, understand that failing to answer truthfully if asked directly can lead to legal consequences. Lying to a law enforcement officer is a crime. Furthermore, any behavior that is perceived as threatening could lead to further investigation or even arrest, regardless of whether you are legally carrying a firearm.
Concealed Carry Permits: Are They Still Relevant?
Even with constitutional carry in effect, obtaining a concealed carry permit in Ohio may still be beneficial.
Reciprocity
Ohio's concealed carry permit is recognized in many other states. This means that if you have an Ohio permit, you can legally carry a concealed handgun in those states, even if they don't have constitutional carry. This is called reciprocity.
Additional Benefits
- Expedited Firearm Purchases: A permit can sometimes streamline the process of purchasing firearms.
- Training: Concealed carry permit courses often provide valuable training on firearm safety, legal issues, and conflict de-escalation.
- Clarification of Legal Standing: Having a permit can sometimes provide additional clarity and legal protection in complex situations.
Considerations
Whether to obtain a permit is a personal decision. Consider your travel habits, comfort level, and desire for additional training when making this choice.
Video: Ohio's Constitutional Carry: What You NEED to Know!
FAQs: Understanding Ohio's Constitutional Carry
Here are some frequently asked questions to help you better understand Ohio's constitutional carry law.
What exactly does "constitutional carry" mean in Ohio?
Constitutional carry in Ohio, also known as permitless carry, allows any law-abiding adult (21 years or older) to carry a concealed handgun without a permit. You no longer need to obtain a Concealed Handgun License (CHL) to legally carry a concealed handgun in the state.
Does constitutional carry mean I can carry a gun anywhere in Ohio?
No, not exactly. While constitutional carry in Ohio removes the permit requirement in most places, there are still restrictions. You cannot carry firearms in places like schools, courthouses, and federal buildings, among others. It's essential to familiarize yourself with the prohibited locations outlined in Ohio law.
Do I still need a Concealed Handgun License (CHL) if I want to carry concealed in Ohio?
While not required for constitutional carry in Ohio, having a CHL still offers some benefits. A CHL allows you to carry concealed in states that have reciprocity agreements with Ohio. Additionally, it may expedite firearm purchases.
What are the rules for transporting a firearm in a vehicle under constitutional carry in Ohio?
Even with constitutional carry in Ohio, it's important to be aware of transport regulations. Under the law, your handgun must be carried in plain sight or concealed on your person. You can also keep the handgun in the glove compartment or console, or in the trunk of your vehicle.