Yes. Ohio requires a person carrying a concealed handgun to tell an officer about it when the officer asks during a stop. You must disclose before or...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Yes. Ohio requires a person carrying a concealed handgun to tell an officer about it when the officer asks during a stop. You must disclose before or at the time the officer asks whether you are carrying, on foot or in a vehicle. In a vehicle, you must also stay in the car, keep your hands in plain sight, leave the handgun alone, and follow lawful orders unless the officer directs otherwise.
The person covered by the duty differs on foot and in a vehicle.
On foot, a concealed handgun license holder stopped for any law enforcement purpose while carrying a concealed handgun must disclose it, R.C. 2923.12(B)(1). Division (B) of that section names no active-duty branch.
In a vehicle, the duty covers a license holder, or an active-duty member of the armed forces carrying a military identification card and documentation of firearms training. That person must be the driver or an occupant of a vehicle stopped for a traffic stop or another law enforcement purpose, with a loaded handgun in the vehicle in any manner, R.C. 2923.16(E)(1). On a commercial motor vehicle stop, the question may come from an employee of the motor carrier enforcement unit, R.C. 2923.16(E)(2).
In both settings, a qualifying adult is treated as a license holder only while carrying or having a handgun that is not a restricted firearm, concealed on the person or ready at hand, R.C. 2923.111(C)(1).
In a vehicle, you must disclose possession of a loaded handgun before or when an officer asks during the stop. In every setting, the duty is keyed to the officer's question and must be met before or at the time it is asked.
A license holder transporting a loaded handgun must remain in the vehicle during the stop, R.C. 2923.16(E)(3). You must keep your hands in plain sight from the time the officer begins approaching until the officer leaves. You must not touch the loaded handgun with your hands or fingers during that time, R.C. 2923.16(E)(4). You must comply with any lawful order an officer gives while the vehicle is stopped, R.C. 2923.16(E)(5).
R.C. 2923.16 grants no power to seize a firearm for a violation of the section. If a person in the vehicle surrenders a firearm, voluntarily or at the officer's request, the officer must return it at the end of the stop in certain cases, R.C. 2923.16(J). Return is required when there is no charge under R.C. 2923.16, no arrest for any offense, the person may lawfully possess the firearm, and it is not contraband.
In a vehicle, it is not a violation to skip telling an officer if you already notified another officer during the same stop. Staying in the vehicle, keeping your hands in plain sight, and leaving the handgun alone all yield to the officer's own directions, so leaving the vehicle or touching the handgun is allowed when the officer directs it. A qualifying adult whose loaded handgun is elsewhere in the vehicle, not on the person or ready at hand, is not deemed a license holder by R.C. 2923.111(C)(1).
Failing to disclose on foot under R.C. 2923.12(B)(1) is a misdemeanor of the second degree. Failing to disclose in a vehicle is also a misdemeanor of the second degree, R.C. 2923.16(I). Neither nondisclosure offense suspends the concealed handgun license.
Failing to remain in the vehicle, keep hands in plain sight, or obey lawful orders is a misdemeanor of the first degree. It becomes a felony of the fifth degree on a previous conviction for the same stop conduct, R.C. 2923.16(I). A misdemeanor conviction for failing to remain in the vehicle, to keep hands in plain sight, or to obey a lawful order also suspends the concealed handgun license, R.C. 2923.16(I). Touching the loaded handgun during the stop is a felony of the fifth degree. Under R.C. 2923.111(C)(2), that suspension reaches a qualifying adult only if a license was actually issued to that person.
The table sets each vehicle stop duty beside its grade.
| Duty during a vehicle stop | Citation | Grade | Source |
|---|---|---|---|
| Disclose the loaded handgun when asked | R.C. 2923.16(E)(1), (E)(2) | Misdemeanor of the second degree | |
| Remain in the vehicle, keep hands in plain sight, obey lawful orders | R.C. 2923.16(E)(3), (E)(5) | Misdemeanor of the first degree; felony of the fifth degree with a prior conviction; license suspension | |
| Do not touch the loaded handgun | R.C. 2923.16(E)(4) | Felony of the fifth degree |
The license is what puts a driver inside the vehicle rule in the first place. A concealed handgun license holder, or an active-duty member of the armed forces carrying a military identification card and documentation of firearms training, may transport or have a loaded handgun in a motor vehicle, R.C. 2923.16. A qualifying adult carrying without a license has the same carry rights, and is subject to the same restrictions, as a person who has been issued a concealed handgun license, R.C. 2923.111(B)(3). Those are the circumstances the disclosure duty and the stop duties above are written for.
The law requires disclosure before or at the time the officer asks whether you are carrying.
In a vehicle, you do not violate the rule by staying silent with a later officer if you already notified another officer during the same stop.
You must keep your hands in plain sight from the time the officer begins approaching until the officer leaves, unless the officer directs otherwise.
If you surrender it and are not charged under R.C. 2923.16 or arrested, may lawfully possess it, and it is not contraband, the officer must return it when the stop ends.
Neither nondisclosure offense suspends the concealed handgun license, though each is a misdemeanor of the second degree.
Yes. A person stopped for a law enforcement purpose while carrying a concealed handgun must disclose it when asked, R.C. 2923.12.
This page covers one part of our Ohio concealed carry guide.
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