Millions of Americans are hitting the road this Labor Day weekend, but those gun owners traveling through the state of Ohio need to be extra careful once they cross the Buckeye State line. Even though the state has a Constitutional Carry law in place, gun owners could end up facing a felony charge if they’re traveling with a firearm.
Vontae Garrett knows firsthand about the pitfall in Ohio law. Garrett, who lives in Indiana, was recently visiting family in Toledo. On his way home, he was pulled over by a Lucas County sheriff’s deputy, who informed him that his car’s license plates didn’t match its registration. Garrett explained that he had recently purchased the vehicle and the previous owner’s tags were still in place, but that wasn’t what resulted in him being charged with a felony and facing the prospect of a prison sentence.
Garrett says when the deputy asked if he had a firearm, he answered truthfully — noting that Ohio is an open carry state. Instead of being released, he was arrested and charged with a felony count of improper handling of a firearm in a motor vehicle.
“I was trying to clear it up with the officer, before it even escalated to that situation where I was in handcuffs, to let the officer know I’m a CCW member, I have a lifetime membership but he wasn’t hearing it,” Garrett said.
When Garrett referred to a lifetime “membership”, he was referring to his Indiana concealed carry license, which is valid for his entire life unless he becomes a prohibited person.
Garrett’s attorney, state Rep. Josh Williams (R-Sylvania Twp.), says prosecutors are leaning on an Ohio law that bans drivers and passengers from having loaded firearms within reach inside a vehicle. But he argues another section of the law creates an exemption for concealed carry license holders. Garrett holds a lifetime license in Indiana.
“How is that possible in the state of Ohio that you’re going to commit a crime if you tell them and you’re going to commit a crime if you do tell them, even if you have a CCW,” Williams said.
Williams also pointed to the Ohio attorney general’s website, which says the state recognizes concealed handgun licenses issued by every other state.
“Effective March 13th, Ohio recognizes the concealed handgun licenses from any non-resident in any other state,” Williams said.
This statute appears to blatantly conflict with Ohio’s constitutional carry and universal reciprocity laws, and I think it’s absolutely outrageous that Garett is still being prosecuted after officials in Sylvania, Ohio have been made aware of that fact.
Williams says he’s planning on introducing legislation that would get rid of the conflict in state law and allow lawful gun owners with valid carry licenses to travel with their firearms by their side, but for now the statute remains in place… and visitors need to be aware of the potential for their own arrest.
“Under this idea, that the state of Ohio has, under this prosecuting attorney, every single gun owner can be charged with a felony and could be dismissed down the line if you prove you are not disqualified,” Williams said.
Even if you can offer up a valid carry license as an affirmative defense, you could still be arrested and charged with a crime, which means hiring an attorney (or going with a public defender) and potentially risking a year in prison. In a 2A-friendly state like Ohio, Williams will hopefully have no trouble getting a majority of his fellow legislators to sign on to his fix… but, frankly, in a 2A-friendly state like Ohio this should have been addressed long ago.
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