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Thread: Under 21 with handgun in a car

  1. #1
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    Under 21 with handgun in a car

    Hey guys/gals i was lurking around and couldn't really find an answer elsewhere but the question i have is can i carry a handgun in a car if im under the age of 21? I want to go shooting with a buddy of mine at a shooting range 20 mins away. Iv heard yes and no's and cant seem to find a clear shot answer.

    Thanks in advance

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    Kind of a broad question. Let's deal with it in parts.

    If you are under 21, it is unlawful in the State of Ohio (with a few explicit exceptions) for anyone to provide you a handgun. So, if you were planning on carrying, how are you going to get the gun?

    No one may carry in a car without a license, regardless of age.

    Now, if your friend is a "responsible adult" (whatever that means) and can lawfully carry the gun, he may take it and you to the range, and provide you the handgun for training purposes.

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    Quote Originally Posted by eye95 View Post
    Kind of a broad question. Let's deal with it in parts.

    If you are under 21, it is unlawful in the State of Ohio (with a few explicit exceptions) for anyone to provide you a handgun. So, if you were planning on carrying, how are you going to get the gun?

    No one may carry in a car without a license, regardless of age.

    Now, if your friend is a "responsible adult" (whatever that means) and can lawfully carry the gun, he may take it and you to the range, and provide you the handgun for training purposes.
    Should of worded it better, my dad already owns a gun but his swing shifts its hard for him to go with me. Do you have a link for the age? all i have been getting is yes and nos without any proof of any sort. I heard as long as its locked away in a secure container in a trunk not with ammo its ok or something along the lines of that. I could be wrong that's why im asking lol
    Last edited by Scott48; 10-17-2013 at 07:05 PM.

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    Quote Originally Posted by Scott48 View Post
    Should of worded it better, my dad already owns a gun but his swing shifts its hard for him to go with me. Do you have a link for the age? all i have been getting is yes and nos without any proof of any sort. I heard as long as its locked away in a secure container in a trunk not with ammo its ok or something along the lines of that. I could be wrong that's why im asking lol
    Again, how do you get the handgun? If your dad lets you take it to the range and does not go with you, he has furnished you with the handgun in a way that is not covered by the exceptions. He, not you, has committed a crime, a felony of the fifth degree.

    codes.ohio.gov/orc/2923.21


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    Quote Originally Posted by Scott48 View Post
    Do you have a link for the age?l
    LOL http://codes.ohio.gov/orc/

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    It was passed down in a will to me from my grandfather so idk how that all works but from the sounds of it its illegal anyway

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    You don't need to read the whole code (as another poster would have you do). I provided a link to the precise code section you need.

    Interesting legal question by having been willed a gun. The person who willed it to you cannot be charged. However, someone actually delivered the firearm to you. That person may have committed a crime.

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    Alright thank you i appreciate the help

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    Dude gives up easy, huh?

    I wanted to ask him how many guns he was talking about.

    First he says his dad owns the gun, then he says the gun was willed to him by his grandfather.

    An executor, in Ohio, is a legal appointment by the Probate court. If the will specifically names the OP, then the executor should not be committing a criminal act by "providing" the gun to the OP. A lawyer will be along soon to correct me, if needed.

    As long as the OP has never given up his possession of the gun to anyone, since the time it was willed to him, he should be fine to have it.

    He couldn't use his dad's gun unless his dad was with him, otherwise, like eye95 said, his dad becomes a criminal.

    How to transport it? I would guess that normal, non-CHL transport rules apply. Unloaded and in a locked box, with ammo stored separately.
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    I doubt a will could direct an illegal act.

    Well, it probably could, but I'd bet that part of the will would be null and void.
    Last edited by eye95; 10-18-2013 at 06:47 AM.

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    Quote Originally Posted by MyWifeSaidYes View Post
    How to transport it? I would guess that normal, non-CHL transport rules apply. Unloaded and in a locked box, with ammo stored separately.
    I know you know this MWSY but to clarify, a locked box is not required, a closed package, box, or case will suffice:
    ORC 2923.16 (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

    (1) In a closed package, box, or case;

    (2) In a compartment that can be reached only by leaving the vehicle;

    (3) In plain sight and secured in a rack or holder made for the purpose;
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    Correct. That's what I get for posting without caffeine in my system.

    My thought was that being in a locked box could help prevent a passenger in the car from having "constructive possession" of the firearm.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    My thought was that being in a locked box could help prevent a passenger in the car from having "constructive possession" of the firearm.
    I see where you are coming from - I would certainly hope it would eliminate that situation since they wouldn't have access.
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    While this is all good info you need to look at the way things would go down.

    Officer: Why do you have that gun?
    OP: It was willed to me and I'm driving 20 miles to shoot it with my buddy.
    Officer: But you are only 18. In Ohio you must 21 to have a gun in your possession.

    The cuffs will come out and you will have to argue things with the judge.
    Your record will be smudged and you can forget a conceal carry permit.

    In Ohio a 10 year old may legally own an automobile, title and all. (I've checked)
    But that doesn't give them the right to use it as designed.

    Take a 21 year old with you to 'take possession' of the firearm during the trip.
    This is one of those situations in life where you have the chance to prevent a lot of greif by thinking like an adult of 50.
    Think risk/reward. Remember the car sufing craze?

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    Quote Originally Posted by samkent View Post
    Officer: But you are only 18. In Ohio you must 21 to have a gun in your possession
    Find me the section of ORC that states 18-20 year olds cannot have a gun in their possession.

    Then find me the section that states that 18-20 year olds cannot have a handgun in their possession.

    I'll wait.

    *edit* Of course I'm referencing here in Ohio, not in any other state.


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    Last edited by Hareuhal; 10-24-2013 at 08:50 AM.

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    Quote Originally Posted by Hareuhal View Post
    Find me the section of ORC that states 18-20 year olds cannot have a gun in their possession.

    Then find me the section that states that 18-20 year olds cannot have a handgun in their possession.

    I'll wait.

    *edit* Of course I'm referencing here in Ohio, not in any other state.


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    Unless they change the law sometime soon, that's very correct!

    To clarify, it is perfectly legal for an 18-20 year old possess a firearm, long gun or handgun, in the state of Ohio, providing they are not prohibited from doing so for any other reason.

    It is ILLEGAL to furnish a handgun to a person under the age of 21 in the state of Ohio.

    If you live in another state, purchase a handgun legally from another resident of that state, and then move to the state of Ohio, you can possess and open carry your handgun while 18-20 years old!

    Its the furnishing and acquiring of a handgun in Ohio while under 21 that is very restricted and illegal in almost every circumstance (hunting, sport, education with restrictions excluded).

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    I may have to stand corrected with egg on my face on the ownership point.

    But the police officer doesn't have to be correct in the field.
    That's why they have prosecutors and judges.
    Is it worth the money involved to find out?

    But in reading the letter(s) of the laws the executor of the will may have broken the law if he gave the gun to the OP:

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

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    Quote Originally Posted by samkent View Post
    ...But the police officer doesn't have to be correct in the field.
    That's why they have prosecutors and judges.
    Is it worth the money involved to find out?...
    That could be said about any behavior that is not a crime. We may have little recourse, but it is the officer's job to have probable cause to believe that a crime is committed before he arrests a person. There simply is no crime in carry by 18-20 yo's. None.

    If an officer arrests me for a non-crime, I will work the city's and the PD's asses off in an attempt to fix it. The last (and only) time I went after a city (not for an arrest, but for an unlawful detention), I kept after them until the PD changed its training. The Deputy Chief and the City Attorney both apologized.

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