I live in Ohio and was wondering if when transporting my handgun (empty) in the case, if it is legal to have the clip loaded in the case as well as long as it is not in the actual gun? Also i do not have a concealed carry permit.
A loaded magazine that is not in the gun does not constitute a loaded weapon.
Of course I will now give my standard disclimer and say to call the police for the direct answer and never seek legal advice on the internet.
Ohio Revised Code 2923.16 appliesAlso2923.16 Improperly handling firearms in a motor vehicle.
(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person’s whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.So to answer your question - you have to unload that magazine (It's not a clip) and put the handgun in the trunk. OR just go get a conceal carry license and don't worry about it.(K) As used in this section:
(1) “Motor vehicle,” “street,” and “highway” have the same meanings as in section 4511.01 of the Revised Code.
(2) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.
(3) “Agriculture” has the same meaning as in section 519.01 of the Revised Code.
(4) “Tenant” has the same meaning as in section 1531.01 of the Revised Code.
(5) “Unloaded” means any of the following:
(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question.
(b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
(6) “Commercial motor vehicle” has the same meaning as in division (A) of section 4506.25 of the Revised Code.
(7) “Motor carrier enforcement unit” means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by section 5503.34 of the Revised Code.