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

Ballzach

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Mar 31, 2013
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3
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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.
 

eye95

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Fairborn, Ohio, USA
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.
 

Ballzach

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Mar 31, 2013
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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!
 

eye95

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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.
 

papa bear

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mayberry, nc
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
 

eye95

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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.
 

Jordysoso

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Dec 11, 2012
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Location
NE, Ohio
If its for home defense and you're concerned about legalities and under 21, I wouldn't be looking at a handgun...
 

papa bear

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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...

true a good MSR, or a short shot gun will do wonderfully

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
 

Hareuhal

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somewhere
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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papa bear

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He was referring to state law. This is the Ohio board, after all ;)

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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
 

papa bear

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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
 

MyWifeSaidYes

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Dec 29, 2009
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Logan, OH
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.
 

color of law

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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.
 

papa bear

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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:



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:

Hareuhal

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Furnish is the same as gifting.

There are exceptions when it comes to hunting and education.

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N605TW

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Oct 17, 2010
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Columbus, 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.
 

Hareuhal

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somewhere
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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papa bear

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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
 
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