Important information regarding Ohio reciprocity

Before carrying in Ohio, there are some things you MUST know!

[NOTE:  The information below is based on the original Ohio CCDW law which the OH Legislature has now amended to make somewhat better.  No doubt subsequent legislation will continue to improve the opportunity to carry concealed in OH.  The new provisions go into effect March 14, 2007.  We suggest you update your knowledge of the OH CCDW law prior to traveling to that state.  Click here for a very informative pamphlet online courtesy of the OH Attorney General.]

First of all, Ohio does recognize a Kentucky concealed carry license but BEWARE the rather extreme consequences of carrying a weapon outside the provisions of their law. Certain infractions are FELONY crimes and will net you a TOTAL LOSS of your right to keep and bear arms if you are convicted, not to mention some rather stiff minimum prison sentences. Other offenses, while lesser misdemeanors, can still net you jail time and possibly hefty fines. If you plan to carry in Ohio, read the following carefully but PLEASE keep in mind that this is for general informational purposes only and not intended as legal advice. NO ATTORNEY WAS CONSULTED for the compilation of this information and WE RECOMMEND that you contact a competent practicing attorney in the actual jurisdiction of your intended travels if you wish specific legal advice.

The worst offenses (netting the stiffest consequences) are classified as felonies of the first degree, 2^nd down through 5^th degree being lesser crimes. Likewise, misdemeanors run from the most extreme 1^st to the least offensive 5^th. Listed below are the major provisions of the law that you should be aware of when traveling to Ohio.

• Carrying a concealed firearm without a license or with a license that is not recognized as valid in Ohio is a FELONY of the 4^th degree.

Remember, for a license to be valid in Ohio, it MUST first be valid in the state of issue. BEFORE you travel to Ohio, make SURE your license has not been invalidated for ANY reason!!!  In KY, this could come about for non-payment of child support, moving without notifying the proper authorities, an emergency protective order or even a typo or other technical error.  Except for neglecting to register a new address, you should be informed if your license is invalidated.

• Possession of a firearm on premises licensed to sell liquor, including an "open air arena", is a FELONY of the 5^th degree.

• Possession of a firearm in a "school safety zone" (federal definitions apply) is a FELONY of the 5^th degree. A prior conviction makes it 4^th degree. You should also note that, in a "school safety zone", possession of an "object that is indistinguishable from a firearm" or an object that one indicates is a firearm regardless that is NOT a firearm, is a misdemeanor of the 1^st degree. Prior conviction makes this felony 5^th.)

• Knowingly carrying while attempting to enter a "courthouse or into another structure or building in which a courtroom is located" is a FELONY of the 5^th degree. Previous conviction makes it felony 4^th.

• A concealed carry license "does not authorize" one to carry into certain places. It appears that to enter the following places would be the offense of "carrying a concealed firearm" without the benefit of the licensee exception, in other words, a FELONY of the 4^th degree:

  • A law enforcement or correctional facility

  • An airport passenger terminal

  • Post-secondary education facility

  • Church, mosque, synagogue or "other place of worship" unless such facility specifically permits otherwise

  • Day-care center

  • Aircraft (with limited exceptions)

  • Any government owned or leased building

• It would appear that regardless of the status of your concealed carry license in your home state, if any of the following apply, you are guilty of a felony of the 3^rd degree if you are caught carrying concealed in Ohio:

  • If you are under indictment for a felony offense of violence or drug law violation.

  • If you are drug dependent or "in danger of drug dependence". (Your guess is as good as ours!)

  • If you are a chronic alcoholic. (KY requires two convictions within three years previous to submitting an application, Ohio apparently does not require such specific evidence of one's alcohol habit. As such, you could have a valid KY CCDW license and still be subject to felony arrest in OH for carrying concealed.)

  • If you have EVER been adjudicated as a mental defective. (KY allows you to apply for a license after three years have elapsed since having competency restored. Again, even with a valid KY license, such a situation would apparently leave you subject to felony charges in Ohio!)

• If you are on the land of another that is conspicuously posted by signage or you were otherwise notified that firearms are not allowed on the premises and you are carrying, you are guilty of criminal trespass, a misdemeanor of the 4^th degree.

• If you are found in possession of a concealed firearm and do NOT have on your person a valid license, but you CAN present a valid license within 10 days of the incident, you are guilty of a minor misdemeanor. If within 45 days you can show a license that had expired within 2 years previous to the incident AND you waive your right to a speedy trial on the more serious felony charge, you are guilty of a misdemeanor and shall also be fined $500.

• If stopped by a law enforcement officer you must immediately notify the officer that you are in possession of a concealed firearm and that you have a license on your person. Failure to do so is a misdemeanor of the 4^th degree.

If you are traveling in a motor vehicle, driver or passenger, special rules apply (with very limited exceptions that likely will not apply to you). For one thing, there is pretty much NO SUCH THING as legal CONCEALED carry while in a motor vehicle. You should also note that, while there doesn't seem to be any direct definition of a motor vehicle in the CCDW statutes, you should assume that any vehicle powered by anything other than muscle would qualify.  This would obviously include cars, trucks, SUVs, ATVs motorcycles, snowmobiles, motor homes, and so on.  Here is how it is stated in the Ohio Revised Code:

§ 2923.16. Improperly handling firearms in a motor vehicle.

(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun... shall do any of the following:

(1) Knowingly transport or have a loaded handgun in a motor vehicle unless the loaded handgun either is in a holster and in plain sight on the person's person or it is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked;

You should note that there is no definition provided for "in plain sight". According to the Ohio Attorney General, in a pamphlet entitled Ohio's Concealed Carry Law, "So far, the Ohio Supreme Court has not defined the term “plain sight” precisely in the context of carrying a concealed handgun. However, in other contexts, courts have generally held that the term “plain sight” is a common sense term that means clearly visible or unobstructed." If the person properly carrying the firearm in a vehicle does the following, he is guilty of a FELONY of the 5^th degree:

"knowingly remove or attempt to remove the loaded firearm from the holster, glove compartment or case, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers while the motor vehicle is being operated on a street, highway or public property... [except] in accordance with directions given by a law enforcement officer."

If the person is NOT carrying in the manner specified above and the loaded "firearm is accessible to the operator or passenger without leaving the vehicle" then the offender is guilty of a misdemeanor of the 1^st degree. A previous conviction for the offense or committing the offense while being in a prohibited location (listed above) would raise it to a felony of the 4^th.

If a person carrying a loaded firearm in a motor vehicle is "under the influence of alcohol, a drug of abuse, or a combination of them" OR (for some reason both these provisions are provided for) if he is over the legal limit for alcohol while driving as provided by the motor vehicle statutes, REGARDLESS if he is the OPERATOR or PASSENGER, he is guilty of a FELONY of the 5^th degree.

If you are in a motor vehicle (operator or passenger), and you have in your possession a loaded firearm, and you do the following you are guilty of a misdemeanor of the 1^st degree unless he has previously been convicted of this offense and then it is a felony of the 5th:

"knowingly disregard or fail to comply with any lawful order given by a law enforcement officer..., knowingly fail to remain in the motor vehicle..., or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person" except by the officer’s direction.

Subjecting someone to a felony conviction for simply attempting to exercise a natural right is rather extreme.  We are quite sure that our Ohio brethren will make it a top priority to make their law more user friendly beginning with the next legislative session and we wish them speedy success in rectifying this situation. In the meantime, we advise you to be VERY, VERY careful if you feel that you must carry into Ohio. For now it would seem the better option to find a way to avoid the trip altogether since leaving your protection at home would more than compromise your safety.

This information was gleaned from the version of Ohio House Bill 12 that was linked from the Ohio Attorney General’s WebPages on

08 AUG 04. See below.  (Apparently different versions of this bill have been posted online but, according to the Ohio AG, this one is the official version.) This information has been updated since with excerpts from the Ohio Revised Code linked from the Ohio General Assembly's web pages (Menu on left of page).

Click here to link to The Ohio Attorney General’s WebPages regarding CCDW.

Click here to reach the Ohioans For Concealed Carry home page.  There you will find a link to a FAQ page concerning their new law.

The complete official version (according to the OH AG) of Ohio’s HB 12 is available here (in .PDF format) in case you would like to read it for yourself.

Last updated 12 Mar 07