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Thread: Just a quick couple questions

  1. #1
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    Just a quick couple questions

    Hello thamks for taking the time in advance..but i just turned 18 and i want to know what the deal is with having a handgun in ohio. I understand you must be 21 to buy one from a dealer. I heard a rumor that i could use one and transport it for target use. Can i buy one under a private transaction? If i cant can i be gifted one? If not that..can i use my fathers at the range without him there? What is the law with transporting the handgun to the range being 18? I really want to know if i can own one? Thank you.

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    This is where it gets tricky. In short, one 18-20 years of age cannot purchase a handgun from an FFL (that's federal law.) In Ohio, we have a set of rules for private parties...

    Here is the ORC for it....

    http://codes.ohio.gov/orc/2923.21

    (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;

    (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;


    In Ohio, one cannot sell or furnish an 18-20 year old a handgun. There is NOTHING in Ohio law about an 18-20 year old POSSESSING a handgun. So how does one get one then? You must legally reside in another state, purchase it there, and then transport it into Ohio as your own. That's the only way around it. The most common method, attending college in a state that allows private party transfers to 18-20 year olds.

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    Do you have to be a resident of that State? Or can you just BE in another State, acquire the firearm in any manner legal in that State, and then transport the firearm to Ohio. Yes, you must be a resident to purchase from a FFL, but that isn't the only legal to acquire a firearm.

    Could it be as simple as crossing the State line to a State where a private transfer to someone 18 - 20 is legal, transferring the firearm, and then returning with the firearm to Ohio?

  4. #4
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by eye95 View Post
    Do you have to be a resident of that State? Or can you just BE in another State, acquire the firearm in any manner legal in that State, and then transport the firearm to Ohio. Yes, you must be a resident to purchase from a FFL, but that isn't the only legal to acquire a firearm.

    Could it be as simple as crossing the State line to a State where a private transfer to someone 18 - 20 is legal, transferring the firearm, and then returning with the firearm to Ohio?
    Not if the seller knows the live in Ohio
    Quote Originally Posted by TITLE 18, UNITED STATE CODE, CHAPTER 44 S922, unlawful acts
    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed 8
    collector) to transfer, sell, trade, give,
    transport, or deliver any firearm to any
    person (other than a licensed importer,
    licensed manufacturer, licensed dealer,
    or licensed collector) who the transferor
    knows or has reasonable cause to believe does not reside in (or if the person
    is a corporation or other business entity, does not maintain a place of business in) the State in which the
    transferor resides
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    What if the transferor and transferee both live in Ohio, but are in another State at the time of the transfer?

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    Quote Originally Posted by eye95 View Post
    What if the transferor and transferee both live in Ohio, but are in another State at the time of the transfer?
    Never thought of it that way but by what I read I don't see why not. I know I can go to an Indiana gun show and do a private party sale with another Ohio resident at the gun show. I know there's about a handful of states that allow the 18-20 year old sale and possession of a handgun by private citizens but the only one I know off the top of my head is Washington. Could get pricey to do that.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by eye95 View Post
    What if the transferor and transferee both live in Ohio, but are in another State at the time of the transfer?
    Well understandably there's probably not much case law on this subject.

    For us to know what would really happen these things would have to occur.

    1) the 18-20 year old would have to find someone willing to sell them a pistol, who resides in Ohio but is willing to drive across the state border to do it
    2) such sale actually occurs
    3) the 18-20 year old goes and does something stupid with his pistol or while carrying said pistol that gets him investigated by police
    4) 18-20 y/o tells the police or prosecutor who sold them the pistol
    5) the police/prosecutor determines that they have the ability to charge the transferror with something and that it's worth their time to do so.

    now here's where it branches, the prosecutor can
    A) attempt to prosecute under Ohio law, which would be difficult since the transfer occured out of state
    B) he can contact the prosecutor/law enforcement in the out of state city or county in which the alleged transaction occurred and ask if they have any laws that the transferror can be charged with violating, AND that said agency(s) believe that to be a profitable use of their time and resources
    C) contact the feds and see if they're willing to try a new interpretation of the GCA

    6) one of those prosecuting agencies takes the case to trial
    A)trial court agrees to put it on the docket and take it before a jury, AND no appeals court rules first on the possible legality
    B) trial court dismisses charges or an appelate level review decides there is no basis on charges
    (I)prosecuting agency appeals, such case now drags on for years
    (II) prosecuting agency drops it, no charges stick to the transferrer

    7) trial outcome
    A) not guilty, nothing happens to transferrer
    B) Guilty, standby for appeals

    After 7(A) occurs this will become one big cluster-you-know-what...


    Therefore with all these variables on my flow-chart, I think we'll never know exactly what could legally happen, so many unlikely things have to occur for this issue to be ruled on by anyone.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Just a quick couple questions

    Or the transfer could happen with both parties confident that they have remained within the letter of the law, and they could continue to act in a lawful manner, giving the 18yo the chance to exercise his right to carry. If asked by LE where he got the gun, he could honestly and confidently say, "I brought it with me into Ohio." If LE presses the issue, add, "What happened to the firearm prior to my legally acquiring it elsewhere, and bringing it into the State, I don't know. Since the transfer occurred outside your jurisdiction, you may not investigate it, so I don't have to share with you the details of that transfer."


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    Regular Member ncwabbit's Avatar
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    first i am not a lawyer but i have raised offspring...

    second a couple of queries to the OP:
    what is your purpose for wishing to obtain a firearm? just cuz you wanta? or you believe it is a right of passage to show you have reached manhood? or you wish to hide it under the seat of your vehicle so you 'feel safe' as you ride in bad neighborhoods?

    have you had any type of 'formal' training on the use of a firearm?

    you still live at home? if so how does your caregivers feel about firearms let alone you having a firearm? if not, how do your roomies feel about it as they have drinking parties in the same space as where you live?

    now lets discuss the referenced ORC 2923.21 Improperly furnishing firearms to minor.

    (3) Furnish any firearm to a person who is under eighteen years of age or, subject to division 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;

    now there are specific definitions of what a minor is and in ORC it is someone who is under 18. the OP professes to be 18, and is therefore no longer a minor.

    so, if this gentleman wabbit could provide the same advice my multiple offspring were given:
    pursue getting some 'formalized' training paid for out of your own earnings.

    pursue understanding the laws of the land about how to transport a firearm. (no checking w/your street corner buddies about the law does not count nor does chatting w/a policeman)

    then decide why you wish to have access to a handgun and discuss it w/your caregivers so they are at ease with the concept.

    then discuss with your caregivers how you can earn the trust to be given access to your caregiver's firearm to pursue using the firearm at the range. and invite your caregiver to go to the range w/you so you can show them you do have the necessary knowledge, skill and attitude to safely handling a firearm.

    wabbit

    ps: used to shoot out by columbus' olde aeroport when i was 16-17 w/o any problem

    pps: thought about participating in the venturing program?
    Last edited by ncwabbit; 12-03-2012 at 09:17 AM.
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