Cecily Zamora
Ohio's 'permitless carry' law, also known as constitutional carry, came into effect on June 13, 2022. This law allows any Ohio resident over the age of 21 who is legally allowed to possess a handgun to carry a concealed handgun without a permit. Ohio is the 23rd state to allow constitutional carry, and the law has made several changes to the firearm rights of Ohioans, including making CHLs optional and removing the requirement to promptly inform law enforcement officers about a concealed handgun during a traffic stop.
| Characteristics | Values |
|---|---|
| Law Name | "Constitutional Carry" or "Permitless Carry" |
| Law Details | Allows eligible Ohioans to carry a concealed handgun without a permit |
| Age Limit | 21 or older |
| Other Requirements | Must not be charged with or convicted of a felony or otherwise prohibited from possessing a firearm |
| Residency Requirement | None |
| Firearm Type | Handguns only |
| Location Limitations | Does not apply outside of Ohio |
| Informing Law Enforcement | Not required unless asked |
| Carrying in Vehicles | Allowed, but not while under the influence of drugs or alcohol |
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What You'll Learn
Ohio's permitless carry law
Under this new legislation, Ohio's concealed handgun license (CHL) is no longer mandatory, but it is still available for those who want it, especially for travelling with firearms outside of Ohio. The application process and requirements for the CHL remain unchanged, including fees and training.
It is important to note that there are still restrictions on where one can carry a concealed weapon. For example, federal law prohibits carrying a concealed handgun in school safety zones without a CHL, and certain places may have laws that limit the carrying of concealed weapons. Additionally, those who carry a concealed handgun are no longer required to "promptly" inform law enforcement officers during traffic stops, but they must answer truthfully if asked.
While Ohio's permitless carry law allows for the constitutional right to bear arms, it is crucial for residents to understand the proper handling of firearms and be aware of the laws and restrictions regarding concealed carry to avoid any potential criminal charges.
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Carrying a concealed weapon in schools
Ohio's constitutional carry law, also known as permitless carry, allows eligible Ohioans to carry a concealed handgun without a permit. However, this does not permit individuals to carry concealed weapons everywhere, and certain restrictions are in place regarding carrying concealed weapons in schools.
Ohio's laws prohibit carrying a concealed handgun in school safety zones, which include schools, school buildings, school premises, school activities, and school buses. This prohibition extends to within 1,000 feet of school grounds providing elementary or secondary education. However, there are exceptions to this rule. Individuals with a valid Concealed Handgun License (CHL) may carry a concealed handgun in their vehicle within a school safety zone, provided the firearm remains in the locked vehicle at all times. Additionally, active-duty military members with valid military identification and firearms training documentation are exempt from the prohibition.
In 2022, Ohio amended its laws to allow teachers and other adults with written permission from the school board or governing body to carry firearms into K-12 schools. To do so, they must undergo an annual background check and complete a training course developed by the Department of Public Safety.
It is important to note that Ohio's constitutional carry law does not override federal laws prohibiting individuals without concealed handgun licenses from carrying firearms within school safety zones. These federal laws define school safety zones more broadly than Ohio's laws, including school activities and school buses outside the immediate school vicinity.
Any violation of Ohio's laws regarding carrying concealed weapons in schools can result in criminal charges, including felony charges under state and federal law.
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Transporting a loaded handgun
Ohio's constitutional carry laws allow eligible Ohioans to carry a concealed handgun without a permit. However, there are still laws in place that limit where and how you can carry a concealed weapon.
Ohio law allows individuals with a concealed carry permit (CCP) to transport a loaded, concealed handgun inside their motor vehicle. However, it is illegal to carry a concealed weapon in your vehicle if you are under the influence of drugs or alcohol. Doing so amounts to a fifth-degree felony, punishable by up to 12 months in jail and a $2,500 fine.
If you do not have a CCP, you can legally transport an unloaded firearm in your vehicle, as long as it is carried in specific ways as outlined by Ohio law. Violation of this provision is a fourth-degree felony, punishable by up to 30 days in jail and a $250 fine.
Ohio law prohibits the knowing transportation of a loaded handgun on your person in a motor vehicle or watercraft vessel if the firearm is accessible to you or any passenger. This includes transporting a loaded handgun while under the influence of drugs or alcohol, which carries the same penalties as carrying a concealed weapon while under the influence.
Exceptions
There are exceptions to these laws for active-duty members of the armed forces of the United States. Those with valid military identification and documentation of successful completion of firearms training may transport a loaded handgun in a motor vehicle without a CCP.
Additionally, individuals with a valid concealed handgun license may have ammunition and magazines in their vehicle without restriction, as long as no ammunition is in a firearm other than a handgun.
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'Stand your ground' law
Ohio's stand-your-ground law, which came into effect on April 4, 2021, eliminates the "duty to retreat" as long as an individual is in a place where they have a legal right to be. This means that Ohioans are now legally permitted to use deadly force in self-defence without first attempting to escape, except in cases of defence of their residence or vehicle, which were already covered by previous laws. The new law expands legal protections for those forced to defend themselves or their families.
Under the previous law, the use of force in self-defence was only justifiable if retreat was impossible or if the person was defending their home or vehicle. The new stand-your-ground law removes this restriction, allowing individuals to defend themselves without considering retreat as a factor. This change aligns Ohio with 35 other states that have similar "stand your ground" legislation.
It's important to note that the stand-your-ground law does not grant a free pass to use a firearm against another person. If an individual shoots someone and it is not deemed self-defence, they can still face criminal charges. Additionally, the law does not change the standard for using lethal force. The use of force must still be reasonable and proportional to the threat.
In the context of self-defence, it's worth mentioning that Ohio's concealed carry laws allow eligible residents to carry a concealed handgun without a permit, as long as they are 21 years or older and have not been prohibited from possessing firearms. However, there are still restrictions on carrying concealed weapons into certain areas, such as school safety zones, and individuals may face criminal charges for violating these laws.
While the stand-your-ground law strengthens Ohio's self-defence laws, it's crucial for residents to understand their rights and responsibilities when it comes to firearm ownership and usage. The legal system in Ohio continues to uphold the presumption of innocence and the burden of proof beyond a reasonable doubt when it comes to criminal cases involving self-defence.
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Concealed carry permits
Ohio's new "'permitless carry' law, also known as "constitutional carry", came into effect on June 13, 2022. This law allows any Ohio resident aged 21 or older, who is legally allowed to possess a handgun, to carry a concealed handgun without a permit. However, it is important to note that constitutional carry laws do not permit carrying a concealed weapon everywhere, and there may be restrictions on where it can be carried. For example, it is illegal to carry a concealed handgun in school safety zones, including schools, school buildings, school premises, school activities, and school buses.
Prior to this law, Ohio residents were required to obtain a concealed handgun license (CHL) to carry a concealed weapon. While Ohio still offers CHL licensing, it is no longer mandatory. A CHL requires firearm safety training, an exam, and an application for a license with the local sheriff's office. Those who obtain a CHL are not legally required to carry their license with them. Additionally, current and former servicemen and women can obtain a CHL without paying any fees or undergoing training.
Despite the new law, it is still important for Ohio residents to understand the proper handling of firearms and be aware of the limitations on where they can carry concealed weapons. Violations of these laws can result in criminal charges. For instance, while it is legal to transport a loaded concealed handgun in a vehicle, doing so while under the influence of drugs or alcohol is prohibited. Additionally, while individuals are not required to "promptly" inform law enforcement officers about carrying a concealed handgun during a traffic stop, they must answer truthfully if asked.
It is worth noting that Ohio's concealed carry law only applies within the state. When crossing state lines, residents must obey the firearm laws of the other states, which may require a CHL or other permits. Additionally, Ohio offers both resident and non-resident licenses, but some states only honor Ohio resident licenses. Therefore, it is essential to check the laws and requirements of the state before traveling with firearms.
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Frequently asked questions
Yes, Ohio passed a "'permitless carry' law, also known as "constitutional carry", which came into effect on June 13, 2022.
The constitutional carry law in Ohio means that any Ohio resident over the age of 21, who is legally allowed to possess a handgun, may carry a concealed handgun without a permit.
There are restrictions on carrying concealed weapons in specific areas, such as school safety zones. Additionally, individuals under the influence of drugs or alcohol cannot transport a loaded concealed handgun in a vehicle.
