Can I Carry Concealed in Ohio With OPOTA Certification Coming Home From Work? What Is the Legal Way ?
Question by PittBullProtection: Can I carry concealed in ohio with OPOTA certification coming home from work? What is the legal way ?
I am a licensed ( Class A ) PI in the state of Ohio. Also i hold my certifications from Roger Polk’s NRA/ CCW training completion certification. I too have my 20 hour OPOTA basic firearms training as well. I have passed FBI , BCI background checks and fingerprinting with the state of Ohio. I was in route from working an armed detain in canton ohio , employed by a Armed security company when i was stopped for a minor red light traffic violation. I fully complied declaring and informing the officer that my weapon was on my person , keeping my hand sin plain sight and all the necessary legalities involved in a CCW traffic stop. The date had not been reached in which I had to take my CCW PAPERWORK to the Sheriffs office in anton, Ohio, as well as my OPOTA paperwork ( which in itself carries the CCW Firearms training .)
My question is, along with the certifications that i carry, meeting the state qualifications for obtaining a CCW in Ohio, as well as ALREADY working/ worked for multiple security companies in Ohio as a n ARMED SECURITY OFFICE/ Private Police Officer, should I have been able to avoid felony prosecution/ verdict because i didn’t obtain my CCW LICENSE, although when the commission of the traffic offense began, my firearm was not in its holster (which was visible on the front passenger seat ) on my duty belt, but was in my concealed carry holster in the small of my back? I am now facing Felony CCW conviction which is ruining my career, reputation and personally destroying my life’s work in law enforcement thus far. I am a 4 year Private university (Tiffin) grad that majored in Law enforcement, minored in corrections and juvenile justice. I was a reserve police officer In Madison Heights MI for the madison Heights PoliceDepartment in MI. I too have countless professional rreferences, as well as strong ties within my community ( as i had started my own personal security company here in ohio, and have worked many details in which Massillon PD was hired , working side by side with officers, yet was arrested and charged with a felony CCW violation by THE SAME DEPARTMENT (different officers). At the time of the traffic stop, i was also employed at Community Treatment Correctional Center ( a half way house, where EVERYDAY INMATES/ “residents” have access to track plate #s, gain intel on officer lives and the readily availability of weapons, which can in turn be brought into the facility, or used against officers as they leave the facility…as i was on the day in question, after multiple DEATH THREATS towards myself and my family were made by convicted “intimidation” violent offenders who roam the streets daily, and have acess to the public and the means to get drop-offs or these forbiddenn objects. I believe the big ordeal in my case/ situation is the fact that affirmative defenses for CCW and Weapons violations no longer exist in OHIO. Prior to 06 i believe, i would have fallen under the category of “fearing for the safety/life” and “acting under the scope of work i do”(money drops,payrolll deliveries, ATM funds transfer etc.) due to the new CCW laws admitted in the ORC involving the concealed carry into bars. Also, in my Pre-trial stages of court, the prosecutor offered a plea that SHOULD AND WOULD have went through as a M1 -2923.16 Improperly Handling Firearms in A Motor Vehicle. but DIDN’T due to poor performance by my public defender who did not follow through with my request to get a continuance in the matter because of the process involved in getting a COPY/ DUPLICATE of both my CCW and OPOTA training cert PAPERWORK (due to my vehicle catching fire and all my documentation was ruined). Instead, i was told it was in my best interest to take a guilty plea with NO PRISON SENTENCE rather than taking the matter to trial, because TO MY PUBLIC DEFENDERS KNOWLEDGE, I was guilty under the letter of the law of CCW even though i was permitted to carry to, from, and while at work. * the state granted me the RIGHT to carry concealed, because the same process of background checks and FBI fingerprinting and ect are performed by the sheriffs office. I simply figured i had enough time covered by the deadline of my CCW to APPLY…but also had met the criteria to be employed by the PI/SG armed division out of Columbus , OH which oversees all private investigators armed and unarmed security officers in ohio. My certifications are valid, I am currently working as an armed private police officer, and a Under Cover (UC) Private Investigator. I fear certifications will be taken and my chances ofgettingn a felony are at stake. ANYONE with information on Ohio CCW law and OPOTA firearm LAW, and the LEGAL TRANSPORT OF DUTY WEAPON IN ROUTE TO AND FROM AN ARMED SECURITY DETAIL, PLEASE SHARE YOUR THOUGH.
What is the law as applicable to my case : guilty of CCW? Affirmative defenses?
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Answer by Wadsworth
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Did not read your tale of woe.
Must be in company uniform, weapon must be holstered, one hour travel time and direct route required.
Affirmative defense in your case is that you are a blowhard impressed with himself.
Otherwise CCW
http://www.ohioattorneygeneral.gov/Files/Publications/Publications-for-Law-Enforcement/Concealed-Carry-Publications/2011-Concealed-Carry-Laws-Manual.aspx
Ohio State law reads:
It is unlawful for a person without a concealed handgun license to carry a handgun concealed on his or her person. Exempt from this prohibition are officers, agents, and employees of a state agency or the federal government or law enforcement officers authorized and acting in the scope of their employment. State law does not prohibit the open carrying of firearms except in certain locations, but a person should exercise caution when carrying a firearm in public.
Application to carry a concealed handgun is made to the local sheriff on a form prescribed by the Ohio Peace Officers Training Commission. Along with the application, the applicant must provide a color photograph taken within the last 30 days, a set of fingerprints and certification of competency with a firearm. An applicant must be 21, a resident of Ohio for 45 days, and a resident of the issuing county (or an adjacent county) for 30 days. The application fee minimum is $ 67 depending on the extent of the background check. All concealed handgun licenses issued on or after March 14, 2007 are valid for 5 years. If an applicant is denied, the sheriff shall provide the reasons for such a denial. The applicant may appeal such a denial. The renewal process for an expired permit is the same as that for an original, except that the applicant may demonstrate competency within the last 6 years or submit evidence of a renewed competency certification. A licensee must provide notice of a change of address. A licensee who wishes to renew a license may do so no earlier than 90 days before expiration date on the license or no later than 30 days after the scheduled expiration date.
The following categories of individuals are ineligible to obtain a concealed handgun license:
• Fugitives from justice.
• Those under indictment for or convicted of a felony.
• Those under indictment for or convicted of a crime involving drugs.
• Those who within the preceding 3 years have been convicted of a crime of violence or a misdemeanor of crime of violence.
• Those who within the preceding 5 years have been convicted of assault or aggravated assault.
• Those who within the preceding 10 years have been convicted of resisting arrest, or convicted of interfering with the lawful arrest of another person.
• Those who have not been adjudicated mentally defective or has been committed to any mental institution.
• Those subject to a civil protection order or a temporary civil protection order issued by the court of any state.
Concealed carry of a handgun by a licensee is prohibited in the following public areas:
• Public schools.
• Police, sheriff or state highway patrol stations.
• Correctional facilities, jails or any premises controlled by Bureau of Criminal Identification and Investigation.
• Airport passenger terminals or any airplanes.
• Premises owned or leased by a public or private college, university or other institution of higher learning.
• Any place of worship (unless they have elected to allow firearms).
• A child day-care center.
• A family day-care home.
• Any building owned or leased by a state government entity or a political subdivision of the state.
• Any location prohibited by federal law.
A person who has been issued a concealed handgun license or a temporary emergency license to carry a concealed handgun may transport a loaded handgun in a motor vehicle at their discretion, but must exercise caution regarding access to the firearm (i.e. if their are children in the car and the firearm can be accessed by them, a case of child endagerment may exist).
Motorcycles fall under the definition of motor vehicles so the same requirements apply.
A firearm in the passenger compartment of a motor vehicle is considered loaded if its magazine is loaded or a loaded magazine is ready at hand. Muzzleloading weapons are considered unloaded if the percussion cap or priming powder in the pan is removed.
It is unlawful for a person not issued a concealed handgun license or a temporary emergency license to have a firearm in a motor vehicle unless it is unloaded and carried in one of the following ways:
• In a closed case, box, or package.
• Secured in a rack in plain sight.
• In a compartment that can be reached only by leaving the vehicle.
• For long guns, in plain sight, with the action open or the weapon stripped, or if the firearm’s action will not stay open or it cannot be easily stripped, in plain sight.
If a licensee is transporting a loaded concealed firearm and is stopped by a law enforcement officer, he must keep his hands in plain sight, notify the officer that he has a concealed firearm and a license to carry a concealed firearm, and follow all specific instructions issued by the officer.