# CCW and Lake Erie?



## Snackmans Dad (May 2, 2007)

Anyone know of any laws or restrictions for a permit holder to carry a weapon on his boat in Ohio waters. Lake Erie being Federal waters, do just Ohio laws apply. Any info or web sights would be great. Not so much needed in the boat just to and from boat to truck can be hairy some days/nights during the odd times one may head in or out.


----------



## freyedknot (Apr 10, 2004)

most ramps are in state parks, and i think a law was just passed to allow ccw in the parks.


----------



## GO FISH (Aug 13, 2004)

Ohio CCW laws only pertain to Ohio water. I know Ohio permit doesn't carry into PA, and Handguns are not allowed in Canada.You can check Attorney General site (www.ag.state.oh.us) for more info. ORC 2923.12


----------



## Sharp Charge (Jun 24, 2009)

Same rules for carrying on land. No alcohol, check reciprocity if your leaving OH waters, must inform LEO if your boarded.


----------



## Team Pursuit (Mar 27, 2008)

the maritime laws are not the same as land laws,the law they just passed conserning the ccw in parks are only for national parks, not state or city parks. i keep a marlin lever action 444 mag in my boat all the time. the laws are the same as if you where transporting it in your truck or depending on your boat,it is the same as if it was in your home . canada has some real funky firearm laws so i never take it if im going to be in canadian waters


----------



## roger23 (Mar 7, 2007)

For years i kept a flare gun in my car,,until I was told I could not do it ,because it was considered a weapon,,,you can have one on a boat or more on a boat and I guess still take them into Canada,,they have never stopped me trailering into Canada,,,,kind of interesting


----------



## Bonemann (Jan 28, 2008)

I know that in the inland waters of Ohio they treat a boat
the same as they treat any motor vehicle the same laws 
apply.

If you don't have a Concealed Carry License you cannot
have a loaded gun on board and if you have a license
and a loaded gun it must be in your possession and not
in a place where others on your boat have access to it.


It seams that Lake Erie would have a whole different
set of issues like jurisdiction and that whole Canadian
thing about no hand guns.


----------



## boatnut (Nov 22, 2006)

Team Pursuit said:


> the maritime laws are not the same as land laws,the law they just passed conserning the ccw in parks are only for national parks, not state or city parks. i keep a marlin lever action 444 mag in my boat all the time. the laws are the same as if you where transporting it in your truck or depending on your boat,it is the same as if it was in your home . canada has some real funky firearm laws so i never take it if im going to be in canadian waters


wow, that seems like some awesome firepower. Just curious why you carry a rifle while out fishing on lake erie?? Have you had problems out there before?


----------



## reel (Dec 15, 2004)

ODNR Division of Watercraft - Laws > Ohio Boat Operator's Guide: A Summary of Laws and Rules

http://www.dnr.state.oh.us/watercraft/opsguide/ohoplaws/tabid/2753/Default.aspx
Firearm Restrictions/Concealed Carry
(ORC 1547.69 & 2923.12)
Except for persons legally engaged in hunting, no person shall discharge a firearm while in or on a vessel.

Except for persons legally engaged in hunting OR persons legally licensed to carry a concealed handgun in Ohio, no person shall transport or have a loaded firearm in a vessel in such a manner that the firearm is accessible to the operator or any passenger.

Except for persons legally licensed to carry a concealed handgun in Ohio, no person shall transport or have a firearm in a vessel, unless it is unloaded and carried in a closed package, box, or case OR in plain sight with the action open or the weapon stripped.

This section does not apply to the possession or discharge of a U.S. Coast Guard approved distress signaling device when the device is possessed or used for the purpose of giving a distress signal. Such signaling devices shall only be loaded immediately prior to discharging a legal signal of distress.

No person shall operate or permit operation of a vessel in violation of this section.
SPLASH FACT

 o Handguns are restricted in Canada. Know the law before you leave U.S. waters. [www.cfc-ccaf.gc.ca]
o Interpretation of Ohio's CCL for handguns (ORC 2923.12) is adminstered by the Ohio Attorney General's Office. [www.ag.state.oh.us]


----------



## reel (Dec 15, 2004)

* Ohio Revised Code
* » Title [15] XV CONSERVATION OF NATURAL RESOURCES
* » Chapter 1547: WATERCRAFT AND WATERWAYS

1547.69 Firearm prohibitions.

(A) As used in this section:

(1) Firearm and handgun have the same meanings as in section 2923.11 of the Revised Code.

(2) Unloaded has the same meaning as in section 2923.16 of the Revised Code.

(B) No person shall knowingly discharge a firearm while in or on a vessel.

(C) No person shall knowingly transport or have a loaded firearm in a vessel in a manner that the firearm is accessible to the operator or any passenger.

(D) No person shall knowingly transport or have a firearm in a vessel unless it is unloaded and is carried in one of the following ways:

(1) In a closed package, box, or case;

(2) In plain sight with the action opened or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or that cannot easily be stripped, in plain sight.

(E)(1) The affirmative defenses authorized in divisions (D)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (C) or (D) of this section that involves a firearm other than a handgun. It is an affirmative defense to a charge under division (C) or (D) of this section of transporting or having a firearm of any type, including a handgun, in a vessel that the actor transported or had the firearm in the vessel for any lawful purpose and while the vessel was on the actors own property, provided that this affirmative defense is not available unless the actor, prior to arriving at the vessel on the actors own property, did not transport or possess the firearm in the vessel or in a motor vehicle in a manner prohibited by this section or division (B) or (C) of section 2923.16 of the Revised Code while the vessel was being operated on a waterway that was not on the actors own property or while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.

(2) No person who is charged with a violation of division (C) or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code as a condition for the dismissal of the charge.

(F) Divisions (B), (C), and (D) of this section do not apply to the possession or discharge of a United States coast guard approved signaling device required to be carried aboard a vessel under section 1547.251 of the Revised Code when the signaling device is possessed or used for the purpose of giving a visual distress signal. No person shall knowingly transport or possess any signaling device of that nature in or on a vessel in a loaded condition at any time other than immediately prior to the discharge of the signaling device for the purpose of giving a visual distress signal.

(G) No person shall operate or permit to be operated any vessel on the waters in this state in violation of this section.

(H)(1) This section does not apply to any of the following:

(a) An officer, agent, or employee of this or any other state or of the United States, or to a law enforcement officer, when authorized to carry or have loaded or accessible firearms in a vessel and acting within the scope of the officers, agents, or employees duties;

(b) Any person who is employed in this state, who is authorized to carry or have loaded or accessible firearms in a vessel, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (H)(1)(b) of this section does not apply to the person;

(c) Any person legally engaged in hunting.

(2) Divisions (C) and (D) of this section do not apply to a person who transports or possesses a handgun in a vessel and who, at the time of that transportation or possession, is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, unless the person knowingly is in a place on the vessel described in division (B) of section 2923.126 of the Revised Code.

(I) If a law enforcement officer stops a vessel for a violation of this section or any other law enforcement purpose, if any person on the vessel surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.

Effective Date: 04-08-2004; 03-14-2007


----------



## reel (Dec 15, 2004)

What ever happened to the two "Pirates" that used a gun near Euclid OH to rob a fisherman in Lake Erie Oct 2009 ?


----------



## BigV (Nov 11, 2004)

Two years ago while fishing with Hetfieldinn we were stopped and boarded by the US Coast Guard. 
I immediately informed the Captain that I was a concealed carry licensee and was currently armed. He asked where my weapon was and I told him my right hip. His only comment was to keep the weapon where it was.
I asked them for clarification on CC on Lake Erie and was told that Ohio Law applied. He said that the most important aspect of the law was to immediately notify the officer(s) that you are a CCW holder and were armed. 

Another point to make. It is perfectly legal to open carry a firearm in the state of Ohio. If you do not have a CCW the weapon must be unloaded (including the magazines or speed loaders) and stored in a locked container while transporting it in a motor vehicle. This storage would also apply while on your boat.


----------



## TIGHTLINER (Apr 7, 2004)

I was understanding that with the CCW permit the gun didn't have to be strapped to you. It could be in a glvoe box, under a seat, in a women's purse or a tackle bag correct?


----------



## BigV (Nov 11, 2004)

TIGHTLINER said:


> I was understanding that with the CCW permit the gun didn't have to be strapped to you. It could be in a glvoe box, under a seat, in a women's purse or a tackle bag correct?


You are correct. 
As long as the purse, or tackle bag had a closing mechanism (snap, flap, zipper...).

Ohio requires a valid CHL in order to have a loaded firearm in a motor vehicle. If you have a CHL, a loaded firearm must be transported in one of the following ways:

1.In a holster secured on the person. 
2.In a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun
3.The loaded handgun is securely encased by being stored in a closed glove compartment or center console, or in a case that is locked. A locked case does not need to be in plain sight (an unlocked case does).


----------



## Bonemann (Jan 28, 2008)

TIGHTLINER said:


> I was understanding that with the CCW permit the gun didn't have to be strapped to you. It could be in a glvoe box, under a seat, in a women's purse or a tackle bag correct?


But don't forget the part about others in the vehicle or vessel
from having immediate access to the weapon.

If you have a CCW and your alone it's fine but if you have others
with you that don't have a CCW it's not.


----------



## Snackmans Dad (May 2, 2007)

Thank you guys, Glad to see Big V posted an actual experince being boarded, A lot of good info for sure.


----------



## reel (Dec 15, 2004)

Also I believe Federal Regs would apply, and override Lake Erie Ohio laws, for places that are within certain restricted areas, like Nuke plants ? commercial ships ? or other designated sensitive sites ?
...


----------



## BigV (Nov 11, 2004)

Bonemann said:


> But don't forget the part about others in the vehicle or vessel
> from having immediate access to the weapon.
> 
> If you have a CCW and your alone it's fine but if you have others
> with you that don't have a CCW it's not.


I believe you are incorrect on this issue.
If you have a weapon in your motor vehicle and it is carried within the law, you will be fine. 
Even with passengers in the vehicle. 
If you leave the vehicle and leave the weapon with the passengers, unless one of them as a CCW license, you could be in trouble. 
Actually the occupants could be charged with having a concealed weapon.
A boat would be considered the same as a motor vehicle.


----------



## Orlando (Apr 12, 2004)

BigV said:


> and stored in a locked container while transporting it in a motor vehicle. This storage would also apply while on your boat.


This is actually the way firearms must be transported in a vehicle if you dont have a license. Does not have to be in a locked container


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


----------



## smallieguy (Apr 7, 2004)

Ohio is also an open carry state. That fact surprised me.
As long as the handgun is not concealed and in plane site it is 
legal to carry on your person. Some local laws may override state laws
so be careful. Of course as soon as you get in a car you are no longer 
"open" and the concealed laws now apply.


----------



## BigV (Nov 11, 2004)

smallieguy said:


> Ohio is also an open carry state. That fact surprised me.
> As long as the handgun is not concealed and in plane site it is
> legal to carry on your person. Some local laws may override state laws
> so be careful. Of course as soon as you get in a car you are no longer
> "open" and the concealed laws now apply.


*Local laws DO NOT preempt state law.*
However, some small towns (and even some larger cities) believe that their local ordinances are enforceable even though they are preempted by state law.
It may take a lawyer and some $$$ to make your point if you are charged under city or local ordinance.


----------



## Bonemann (Jan 28, 2008)

smallieguy said:


> Ohio is also an open carry state. That fact surprised me.
> As long as the handgun is not concealed and in plane site it is
> legal to carry on your person. Some local laws may override state laws
> so be careful. Of course as soon as you get in a car you are no longer
> "open" and the concealed laws now apply.


Although it is and has been going through some court actions a local
law cannot override a state law.

This is and has been a very sticky situation in Ohio. But state law
preempts any local laws or ordinances.

Open carry of a loaded gun is legal in Ohio but as soon as you step
into or on a powered vehicle the laws are different.


----------



## Yeehaaa (Feb 17, 2010)

Guys, here's a website that is very helpful: http://www.handgunlaw.us/

"This US Map is hot-linked to the state Information and reciprocity maps for each of the states in the United States and its possessions. "

I have a CCW and refer to this site when traveling out of NC.


----------



## Snakecharmer (Apr 9, 2008)

BigV said:


> *Local laws DO NOT preempt state law.*
> However, some small towns (and even some larger cities) believe that their local ordinances are enforceable even though they are preempted by state law.
> It may take a lawyer and some $$$ to make your point if you are charged under city or local ordinance.


From yeehaaa's link
It does in Illinois...Q. How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or
handguns? Illinois'
A. Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances.
It is recommended that you contact local authorities regarding their firearm ordinances


----------



## Sharp Charge (Jun 24, 2009)

Snakecharmer said:


> From yeehaaa's link
> It does in Illinois...Q. How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or
> handguns? Illinois'
> A. Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances.
> It is recommended that you contact local authorities regarding their firearm ordinances


That's why we're not in Illinois. They are notoriously not gun friendly. In this state, it was ruled by the Ohio Supreme Court that local laws do not over rule state laws. This was before the CCW rights took effect. There was a big issue in Cinci. and C-bus about open carry a few years ago.


----------

