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Thread: Owning and transferring a Handgun at the age of 18 in Ohio

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    Owning and transferring a Handgun at the age of 18 in Ohio

    My mother is pushing for me to have a handgun for the purpose of self defense due to the fact that I live with my grandmother in a bad neighborhood. I was wondering if I could have a handgun in my room that is registered to my Mother and also wondering how to transport it legally. I realize that in Ohio you cannot buy a gun for a person under the age of 18, but she is thinking about buying a handgun and giving it to me as a gift. Just would like to know if this can be done legally or get some advice on how to have a handgun at the age of 18 purely to stay at the house or take to the range.

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    It is illegal to provide a handgun to anyone under the age of 21. That includes gifts.

    The person breaking the law would be the provider, your mother, not the recipient, you.

    Your grandmother can likely own a gun. Where she keeps it in the house where you both live is her business. However, if you are caught with it outside the house, the cops will ask where you got it, and someone else, other than you, will likely be charged with a crime.

    It is bad law, but it is the way things are.

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    Quote Originally Posted by eye95 View Post
    It is illegal to provide a handgun to anyone under the age of 21. That includes gifts.
    Your grandmother can likely own a gun. Where she keeps it in the house where you both live is her business. However, if you are caught with it outside the house, the cops will ask where you got it, and someone else, other than you, will likely be charged with a crime.
    Ok so if my grandmother buys the gun, it can be stored in my room. If I were then to go to the range with the gun, she would have to be with me for it to be legal? I really appreciate your help!

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    Where she keeps it in her house is her business. She may not provide it to you. I'll leave it to you to fine tune that.

    An adult may take you to the range for the purpose of training you with a handgun.

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    Thank you.

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    You are welcome.

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    Regular Member papa bear's Avatar
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    i'll verify what EYE said, but don't trust any information you get from someone on line.

    do the research your self, and verify everything there several good web sites including this one that have the laws spelled out for each state.

    don't forget local ordinances also
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    True. As I say to every customer to whom I answer a question about the law: Do not take anyone's word for what the law says (not even mine), read it for yourself.

    Don't even take the word of a cop. Not that they know the law any better or worse than anyone else. It's just that folks seem to think that they do know the law. I can tell you from personal experience that they know the mythology of the law that they pass around among themselves. I listen almost daily as a retired cop tells folks that if they carry a firearm in a car without a license, according to Ohio law, they have to be x actions away from firing. x varies from time to time.

    Total unmitigated Bravo Sierra.

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    If its for home defense and you're concerned about legalities and under 21, I wouldn't be looking at a handgun...

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by Jordysoso View Post
    If its for home defense and you're concerned about legalities and under 21, I wouldn't be looking at a handgun...
    true a good MSR, or a short shot gun will do wonderfully

    Quote Originally Posted by eye95 View Post
    It is illegal to provide a handgun to anyone under the age of 21. That includes gifts.

    The person breaking the law would be the provider, your mother, not the recipient, you.

    Your grandmother can likely own a gun. Where she keeps it in the house where you both live is her business. However, if you are caught with it outside the house, the cops will ask where you got it, and someone else, other than you, will likely be charged with a crime.

    It is bad law, but it is the way things are.
    sorry EYE, i just read this again. just to clarify, it is legal to sell or gift a hand gun to a person that has no other restrictions than being 18. now for the state, i haven't done the research for OH. but i do know it is legal in VA/NC and a couple of surrounding states
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    Quote Originally Posted by papa bear View Post
    true a good MSR, or a short shot gun will do wonderfully



    sorry EYE, i just read this again. just to clarify, it is legal to sell or gift a hand gun to a person that has no other restrictions than being 18. now for the state, i haven't done the research for OH. but i do know it is legal in VA/NC and a couple of surrounding states
    He was referring to state law. This is the Ohio board, after all

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by Hareuhal View Post
    He was referring to state law. This is the Ohio board, after all

    Sent from my SCH-I605 using Tapatalk 2
    thanks HARE. but for my peace of mind, i would appreciate a cite on the law in OH, that you can't sell or gift a gun to someone 18
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  13. #13
    Regular Member papa bear's Avatar
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    Hey , i did find 2923.21. very confusing language, but for the most part. it looks like you can gift a handgun to someone 18, and they can carry. you just can't sell them one

    if this is wrong please correct me
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    In ORC 2923.21, you will notice the word "furnish". You can't "furnish" a handgun to a person under 21.

    I haven't found any state laws that prevent a person under 21, from possessing a handgun. They just can't BUY one and you can't SELL or FURNISH them one.

    Now, if that young person knows where that handgun is stored, AND takes it upon themselves to possess that handgun for the reason of self-defense in their home, I do not believe it violates any law, IMHO. IANAL.

    In fact, that situation is SPECIFICALLY legal under Federal law for those under 18:

    18 USC 922(x)

    (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—

    (A) a handgun; or

    (B) ammunition that is suitable for use only in a handgun.

    (2) It shall be unlawful for any person who is a juvenile to knowingly possess—

    (A) a handgun; or

    (B) ammunition that is suitable for use only in a handgun.

    (3) This subsection does not apply to—

    ...

    (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
    If you are 18 to 20, you are not exempted, but you are not violating any law I can find. Again, IMHO. IANAL.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    Juveniles are not prosecuted for committing crimes, but rather delinquent acts. However, if it is not an adult crime then it is not a juvenile crime.

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    In ORC 2923.21, you will notice the word "furnish". You can't "furnish" a handgun to a person under 21.

    I haven't found any state laws that prevent a person under 21, from possessing a handgun. They just can't BUY one and you can't SELL or FURNISH them one.

    Now, if that young person knows where that handgun is stored, AND takes it upon themselves to possess that handgun for the reason of self-defense in their home, I do not believe it violates any law, IMHO. IANAL.

    In fact, that situation is SPECIFICALLY legal under Federal law for those under 18:



    If you are 18 to 20, you are not exempted, but you are not violating any law I can find. Again, IMHO. IANAL.
    MWSY, i believe the portion of furnish is under the under 18, in other words a Juvenile.

    re-read it. you may be right. i wonder if you could argue the difference of furnish to gifting a firearm? also there are numerous examples like hunting or instruction
    Last edited by papa bear; 04-04-2013 at 12:14 PM.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    Furnish is the same as gifting.

    There are exceptions when it comes to hunting and education.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    Playing devil's advocate here. Would it be legal for a person under the age of 21 to leave the state of Ohio, gifted the handgun then return home? The way I read the law is its only a violation if you give a handgun to someone under 21 in Ohio.
    My recommendation for the original poster is to look into a shotgun and avoid the legal issues about ownership altogether.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    Under 21 can get a handgun from another state so long as they are a RESIDENT of that state, purchasing it from another resident of that state.

    I.e: Move to KY, purchase handgun in KY from KY resident. Move back to Ohio, legally owning handgun in Ohio.

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by N605TW View Post
    Playing devil's advocate here. Would it be legal for a person under the age of 21 to leave the state of Ohio, gifted the handgun then return home? The way I read the law is its only a violation if you give a handgun to someone under 21 in Ohio.
    My recommendation for the original poster is to look into a shotgun and avoid the legal issues about ownership altogether.
    good question. i have wondered about how you can bring a gun with you when you move.

    as HAREUHAL example, it would be very easy for a person to legally move within the 3 year period
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    There is no law, federally or or locally, prohibiting an 18-20 year old from OWNING a handgun.

    Federal law prohibits an FFL from selling a handgun to an 18-20 year old, but DOES NOT prohibit private sales to an 18-20 year old. Private sale must be between two residents of the same state and follow all normal private sale laws (I.e: cant know the buyer is a felon).

    Ohio law prohibits an 18-20 year old from being furnished a handgun. However, it is not illegal for them to own it SO LONG AS IT WAS DONE SO LEGALLY IN A STATE WHICH ALLOWS IT. (Using caps in place of bold, I'm on my phone.)

    To be simple, perfectly legal for an 18-20 year old to own a handgun per ORC and federal law.

    Purchasing it per federal law is a little tricky

    Purchasing it per Ohio law is illegal.

    Purchasing it in a state which allows it and bring it to Ohio is legal if done so properly.

    I'll allow someone else to cite, again, I am on my phone at work ;]

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    Quote Originally Posted by papa bear View Post
    MWSY, i believe the portion of furnish is under the under 18, in other words a Juvenile.

    re-read it. you may be right. i wonder if you could argue the difference of furnish to gifting a firearm? also there are numerous examples like hunting or instruction
    My children, ages 15 and 11, regularly open carry with me under the "instruction" exception. I have read ORC 2923.21 forwards, backwards and sideways. I'll never get that time back.

    Anyways...

    ORC 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;
    It sucks but, if they're under 21, you can't sell or furnish. The exceptions require adult supervision.

    You'll notice there is no state exception for self defense. Legally, by state law, I can not GIVE my kids firearms for defensive purposes, but they can go GET them, if needed.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    Re: Owning and transferring a Handgun at the age of 18 in Ohio

    Yep. Basically the only way an under 21 is going to own a handgun is to move out of state to a state that allows 18+ year olds to have them, buy from a private seller of the same state, and move back to Ohio.

    Only way an under 21 is going to handle a handgun is if they fall into the very narrow exception list, hunting, training, education, etc, just like MWSY does with his children.

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  24. #24
    Regular Member papa bear's Avatar
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    well that is the ways for him to get a handgun

    1. have his grandmother buy it and keep it where he can get to it

    2. move to another state, like WV or VA, for 6 months then move back to OH

    BTW, did we establish weather or not he could buy a shotgun?

    look like the rest of you guys in OH. needs to get on the ball and change the law
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    One may buy a shotgun (or receive it as a gift) at the age of 18.

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