In the wake of the
current political and legal climate, gun laws have been at the forefront of
discussions around the country. For those of you in Ohio, here is a short
primer on the laws governing firearms in the Buckeye State.
Open Carry
Generally, neither a permit
nor license is needed to openly (versus concealed) carry a firearm in public. Additionally, Ohio
currently does not have any type of restrictive ban on firearms (other than Title
II Firearms and magazines with a capacity in excess of 31 rounds), and does not
require a waiting period to purchase a firearm. (Conversely, California imposes
a 10-day waiting period). There is no statewide registration of gun ownership.
There are restrictions about how a firearm can be transported in a
vehicle. Generally, the firearm must be unloaded and enclosed in a container in
the vehicle. Additionally, separate the ammunition from the firearm. These
restrictions do not apply to concealed carry permit holders.
In Ohio, municipal and county governments are prohibited from enacting
gun laws that impose greater restrictions on gun rights than the state law restrictions.
Concealed Carry
Ohio permits
individuals to carry firearms in a concealed manner, so long as a permit is
obtained. The Buckeye State is a “shall-issue” state – the Sheriff is must
issue a concealed carry permit to all applicants who qualify. A qualified
applicant is an individual who
- Is at least 21 years old;
- Has been an Ohio resident for at least 45 days;
- Has been a resident of the county in which they apply,
or an adjacent county for at least 30 days;
- Completes an exam to demonstrate they are competent with
a firearm; and
- Pass a background check.
In extreme situations, temporary emergency permits can be
issued.
Currently, Ohio has reciprocity agreements with respect to
concealed carry permits with the following states: Alaska, Arizona, Arkansas,
Delaware, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, New
Mexico, North Carolina, North Dakota, Nebraska, Oklahoma, South Carolina, Tennessee,
Utah, Virginia, Washington, West Virginia and Wyoming.
Restrictions
Ohio prohibits
carrying a firearm (regardless of whether you have a concealed carry permit) in
the following areas:
- Law enforcement facilities
- Detention facilities
- Airports
- Institutions for caring for the
mentally ill
- Courthouses
- Churches
- Child daycare centers
- Schools and universities
- Most places that sell alcohol
for on-premises consumption (there is an exception for concealed carry
permit holders who are not consuming alcohol)
- Businesses that post a sign
banning weapons
Castle Doctrine
In 2008, Ohio enacted a
self-defense law based on the castle doctrine. Under Ohio law, you may “stand-your-ground”
in your home or vehicle – you may use deadly force within your homes or vehicles
without a duty to retreat if you are confronted by a person illegally entering
the home or vehicle.
Previous to 2008, the
victim of a home invasion in Ohio was required to retreat before using deadly
force against an intruder, and one who used deadly force in such a situation
had to prove they acted out of fear of serious physical injury or death. The
law now creates a presumption that you acted in self-defense or in defense of
another in those situations (if you were charged, a prosecutor would have to
prove the intruder did not enter your home or vehicle with the intent of
causing harm). This law also bars
criminal offenders from recovering civil damages for injuries they incur while
engaging in criminal conduct.
