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Thread: Purchasing a handgun at 18 years old?

  1. #1
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    Purchasing a handgun at 18 years old?

    I'm 18 and looking to get a handgun. I have a 26 year old brother who has a few handguns. Would Ohio or Federal law allow my brother to either gift or sell a handgun to me? Would this be seen as a straw purchase and what are the laws on registering the gun if it is given to me? I don't want to do anything that's wrong or would appear to be wrong?

    Also, does anyone have any advice for someone who wants to open carry at 18?

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    There's no legal way for someone to sell or furnish a handgun to someone under the age of 21.

    2923.21 Improperly furnishing firearms to minor.

    (A) No person shall do any of the following:

    (1) Sell any firearm to a person who is under eighteen years of age;

    (2) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;

    (3) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

    (4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

    (6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

    (B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    (C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.
    Also:

    2923.211 Underage purchase of firearm or handgun.

    (A) No person under eighteen years of age shall purchase or attempt to purchase a firearm.

    (B) No person under twenty-one years of age shall purchase or attempt to purchase a handgun, provided that this division does not apply to the purchase or attempted purchase of a handgun by a person eighteen years of age or older and under twenty-one years of age if either of the following apply:

    (1) The person is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    (2) The person is an active or reserve member of the armed services of the United States or the Ohio national guard, or was honorably discharged from military service in the active or reserve armed services of the United States or the Ohio national guard, and the person has received firearms training from the armed services or the national guard or equivalent firearms training.

    (C) Whoever violates division (A) of this section is guilty of underage purchase of a firearm, a delinquent act that would be a felony of the fourth degree if it could be committed by an adult. Whoever violates division (B) of this section is guilty of underage purchase of a handgun, a misdemeanor of the second degree.

  3. #3
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    This topic comes up pretty often at the Ohioans For Concealed Carry forums. About the only way an under-21 year old's ownership of a handgun would be recognized in Ohio is if he had been given the gun previously while living in another state where such a thing is legal.

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    Regular Member ncwabbit's Avatar
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    Please forgive this intrusion from a displaced nonattorney buckeye elder: OP know that according to Jonathon Fulkerson's, Ohio AG's office, 2010 presentation: "Possession of a firearm by a minor alone is not a crime in Ohio." (http://www.ohioattorneygeneral.gov/g...-Update-1.aspx). I do not believe, by ORC definition, you qualify as a minor since you state you are 18.

    That stated, federal law prohibits you alone from purchasing a firearm until you are 21. Federal and as you read, ORC, prohibits anyone from purchasing a firearm on your behalf. However, while not an attorney, I am unaware of Federal or ORC prohibitions of caregivers purchasing a firearm for your use in the educational pursuit of competitive shooting or hunting activities. Therefore, your brother since he is not your caregiver, if he purchased a firearm on your direct behalf is in violation of both Fed and ORC laws and could find himself in quite a lot of hot water.

    As posted on this forum's map page: (quote) Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft's veto, thus preempting all local open carry bans even in Ohio's "home rule" localities. Unfortunately, despite passage of HB-12, a permit to conceal is still required to openly carry a handgun in a vehicle. (unquote) additiionally, this site's info states >18 may open carry. considering i am unable to find specific ORC stating differently, shall presume it is. (http://www.opencarry.org/oh.html)

    if you are a mind...contact the Ohio AG's office through email and see what they reference as to why you are not allowed to OC. remember to frame your question not from a 'i want to buy a firearm' to something on the theme you want to know if you can OC the firearm you already have. Finally have you ping'd the Buckeye Firearms Assoc to see what their member(s) have said about this topic.

    finally, get some basic pistol training (NRA??) to be able to prove you have the appropriate firearm handling background to lend credience to your OC stance.

    wabbit

    ps: I believe Fed regulatory prohibits you from going out of state to purchase a handgun.
    Last edited by ncwabbit; 08-05-2012 at 02:59 PM.
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    Quote Originally Posted by ncwabbit View Post
    ...That stated, federal law prohibits you alone from purchasing a firearm until you are 21...
    No. Not only did you only mean to refer to handguns and not "firearms," it only doesn't allow you to buy them from a Federally-licensed dealer. Federal law does not prohibit private sales to 18-21-year-olds.

    Now, perhaps Ohio law does, but that is for those experts on this forum.
    Last edited by MAC702; 08-05-2012 at 03:53 PM.
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    Thanks for the answers guys. I guess I'll have to wait until I'm 21, or leave this state, and just get a long gun for now.

    I'll keep watching this thread in case anyone else has an answer.

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    In Michigan we can purchase a handgun (Private sale) at age 18, as I did when I bought a Colt trooper Mk III .357

    It seems this could be an interesting test case for preemption, when a State restricts rights granted under Federal law. I wonder what the Constitutional, and or preemption aspects would be here. How can State take away a right granted under Federal laws?



    Quote Originally Posted by RT48 View Post
    There's no legal way for someone to sell or furnish a handgun to someone under the age of 21.



    Also:

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    Quote Originally Posted by alphamale View Post
    In Michigan we can purchase a handgun (Private sale) at age 18, as I did when I bought a Colt trooper Mk III .357

    It seems this could be an interesting test case for preemption, when a State restricts rights granted under Federal law. I wonder what the Constitutional, and or preemption aspects would be here. How can State take away a right granted under Federal laws?
    The federal law does not grant any right, it merely restricts Licensed Dealers from selling to those 18-21.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    Quote Originally Posted by UltimatHedgehog View Post
    Thanks for the answers guys. I guess I'll have to wait until I'm 21, or leave this state, and just get a long gun for now.

    I'll keep watching this thread in case anyone else has an answer.
    Most other states, including my Tennessee, allow private handgun sales at 18. But, Federal law prohibts a person from transferring a firearm to another person unless both people are residents of the same state (otherwise, the sale must go through an FFL, which brings the age 21 issue back up). So, if you really want a handgun, you could consider moving into and establishing residence in a state that allows private handgun sales at 18. Once you establish residence, go to a gun show and find a private seller. Get the handgun you want and then move back to Ohio, if you wish.
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    Quote Originally Posted by Nascar24Glock View Post
    Most other states, including my Tennessee, allow private handgun sales at 18. But, Federal law prohibts a person from transferring a firearm to another person unless both people are residents of the same state (otherwise, the sale must go through an FFL, which brings the age 21 issue back up). So, if you really want a handgun, you could consider moving into and establishing residence in a state that allows private handgun sales at 18. Once you establish residence, go to a gun show and find a private seller. Get the handgun you want and then move back to Ohio, if you wish.
    Or, the OP could join the military and as soon as he had permanent orders to a state that allowed handgun sales to 18 year old persons, he could buy a gun there from a private party.

    Ohio law regarding 18 year old purchasing and unlicensed transportation of handguns in vehicles sucks.

  11. #11
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    Quote Originally Posted by NavyLCDR View Post
    Ohio law regarding...unlicensed transportation of handguns in vehicles sucks.
    The police unions in Ohio (FOP and OPBA) hold a lot of sway over the legislators of both parties and they always oppose pro-gun legislation.

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