Thoughts on this

Discussion in 'Legal and Activism' started by molonlabexx, Jul 18, 2014.

  1. molonlabexx

    molonlabexx New Member

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    I wanted to get some thoughts on this system. I want to take my Remington 870 and keep it in this bag in the back of my truck: http://www.ebay.com/itm/Blackhawk-D...698?pt=LH_DefaultDomain_0&hash=item4d206d311a

    Ammo would be kept in the original boxes in the glove box. Could I keep the bag with the gun unloaded behind a truck seat. Keep in mind that because of the length of the 870, the barrel would have to be taken off and placed next to the stock. All I would have to do is take the barrel, slip it on and then screw the barrel nut on, something I can do very fast.

    The philosophy of this would be a SHTF gun.

    The only legal problem I think would be the ammo stored in the glove box and the gun behind my seat in the truck. The truck is pretty small.

    For reference, I live in Ohio.
     
  2. nobodyspecial

    nobodyspecial New Member

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    I personally see no problem. I keep thinking that the 3 step rule applies, you'd have to get ammo out of glove box, get gun from behind seat, put same together and then load it. What I mean by 3 step is it should take more than 3 steps to put weapon into action, at least that is what I was taught long ago when transporting a gun.:)
     

  3. molonlabexx

    molonlabexx New Member

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    Chances of being pulled over: Somewhat small

    Chances of truck being searched: Little, I have no bad record nor plan to have one.

    I mean the shotgun will be broken in half. But if I ever needed to use it :)

    I could just say I take daily trips to the range.
     
  4. MisterMcCool

    MisterMcCool New Member

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    It looks like it would be fine if you have a permit. I got this from legal heat.
    Vehicle Transport: 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. (5) Has a permit and immediately informs the officer of the permit and the presence of the firearm. Ohio Rev. Code Ann. § 2923.16.


    No offense and none taken
     
  5. molonlabexx

    molonlabexx New Member

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    So with how this looks, the shotgun is going to be stripped which should cancel out the part where it would have to be further than my back seat. I think the permit thing is for CCW AND is just an option, you don;t need a permit to have the gun but it has to be unloaded and follow the rest of the guidelines you listed.

    Ohio is one of the weirdest states, our gun laws are pretty awesome but transportation of firearms is confusing and very contradicting.
     
  6. mseric

    mseric New Member

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    I don't see how you took this and came up with the Permit requirement?

    No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess

    Lawfully possess, does not mean must have a permit. it means that the person in question is NOT a "Prohibited Person" under both State and Federal Law.

    the firearm is unloaded, and the firearm is carried in one of the following ways:

    Pick one, does not require all of the below or more than one, only one.

    (1) In a closed package, box, or case; The case shown in the OP does this.

    (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.

    (5) Has a permit and immediately informs the officer of the permit and the presence of the firearm.

    Ohio Rev. Code Ann. § 2923.16.
     
  7. MisterMcCool

    MisterMcCool New Member

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    I don't know if a bag satisfies the definition of package, box, or case. I was thinking it meant a hard case. You could be right. However, if he has a permit, the "case" is irrelevant.



    No offense and none taken
     
  8. mseric

    mseric New Member

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    There is No "permit" available for long guns.
     
  9. MisterMcCool

    MisterMcCool New Member

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    Well that changes everything.


    No offense and none taken
     
  10. 7point62

    7point62 Lifetime Supporting Member

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    I've carried my 870 on a rack in the back window of my pick-up. But this is Florida, not Ohio. I even got pulled over once by the Highway Patrol for exceeding the speed limit. The trooper, approaching the truck, gave the shotgun a good hard look...but never once mentioned it. And yeah, I got a ticket.
     
  11. molonlabexx

    molonlabexx New Member

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    I am going to go ahead and say that the bag can be justified as a package and case. If I was to go to court over that, I would surely win my case that the bag is a case etc...

    But where does the ammo go? Glove box? Is it allowed to be that close to where the gun will be? Behind my seat and the ammo in the glove box?
     
  12. tinbucket

    tinbucket New Member

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    In tn, as of July1 anyone legally aboe to own a gun can have a loaded weapon in the vehicle. An extension of the castle doctrine.
     
  13. rn-cindy

    rn-cindy New Member

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    You have no problem in ohio...Both gun, and ammo can be inside the vehicle as long as they are separated. Example...The gun can be in a range bag unloaded, and a loaded mag in a zippered pocket on the outside of the range bag...
     
  14. primer1

    primer1 New Member

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    This was what was explained to me by my ccw instructor. Also, not pertaining to molon's original question, a loaded magazine is considered a loaded weapon if the magazine operates in an unloaded firearm in the same vehicle.
     
  15. molonlabexx

    molonlabexx New Member

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    Yeah for long guns I believe you cannot have a loaded mag NO MATTER WHAT. Even if you have a CCW, rifles do not apply to that.

    So at this point I think the answer is pretty clear, my original plan is within the law and safe to go through with.