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    Quick Question

    My question is, at 19, in Ohio, am I legally allowed to open carry a hand gun?

    Background info: I am a US Army MP, and from my understanding through my training and military police classes I've had, I may open carry at 19. I am only asking to be sure because I am working night-shift security at my civilian place of employment throughout the holidays (we get broken into a lot); I interact with the county sheriffs often; however not since I've began carrying. When I physically interact with one next, I want to be sure I am allowed to carry my weapon on my hip. Also, I am just carrying a small .380 given to me by my parents.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by jake1130 View Post
    My question is, at 19, in Ohio, am I legally allowed to open carry a hand gun?

    Background info: I am a US Army MP, and from my understanding through my training and military police classes I've had, I may open carry at 19. I am only asking to be sure because I am working night-shift security at my civilian place of employment throughout the holidays (we get broken into a lot); I interact with the county sheriffs often; however not since I've began carrying. When I physically interact with one next, I want to be sure I am allowed to carry my weapon on my hip. Also, I am just carrying a small .380 given to me by my parents.
    Yes, you can legally OC.

    Short "Cliff Notes" references: http://my.opencarry.org/?page_id=139

    Locals will be along shortly to give you more details.
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    Thank you for taking the time to respond to my question!

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    Quote Originally Posted by jake1130 View Post
    My question is, at 19, in Ohio, am I legally allowed to open carry a hand gun?

    Background info: I am a US Army MP, and from my understanding through my training and military police classes I've had, I may open carry at 19. I am only asking to be sure because I am working night-shift security at my civilian place of employment throughout the holidays (we get broken into a lot); I interact with the county sheriffs often; however not since I've began carrying. When I physically interact with one next, I want to be sure I am allowed to carry my weapon on my hip. Also, I am just carrying a small .380 given to me by my parents.
    Yes, you can OC. The problem is how do you acquire a handgun? It is illegal, with very few explicit exceptions, to provide a handgun to anyone under the age of 21. There are some rare circumstances whereby someone under 21 could end up owning a handgun in Ohio, and if that someone does he can OC it.


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    Regular Member JustaShooter's Avatar
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    Welcome to OFCC!

    You can indeed open carry in Ohio. The biggest thing you need to be aware of are the requirements on transporting a firearm in your vehicle since you don't have a Concealed Handgun License (CHL). The short version is without a CHL the gun must be unloaded and ammo & gun stored separately, and you must unload before entering (and wait to load until after exiting) the vehicle.

    Longer version from ORC 2913.16:

    (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;
    So, unload it, and store it properly. But Ohio's definition of unloaded bears mentioning:

    (a) "Unloaded" means

    , with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

    (i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

    (ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

    (b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

    (i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

    (ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.
    The way I read it, you could have two boxes, one for the gun and one for the magazines / ammo, or even a range bag with multiple compartments - say, center compartment for the gun and outer pockets for the magazines as long as the gun and magazines are separate and completely enclosed and the compartments have some sort of closing mechanism (like velcro, etc.).

    If you have questions, please ask!
    Last edited by JustaShooter; 12-08-2013 at 09:16 PM.
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    Thank you very much for your responses to my question.
    As far as transporting my weapon goes, I do have a range bag with multiple compartments in which i leave my unloaded mag separate from my ammo and weapon (which has a trigger lock on it) and I leave the bag in my trunk while driving, being the only time I really need it is while carrying at work.
    I am glad to know for certain now that I am within regs and allowed to carry for certain. Thanks again!

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    If you are going to use the same container to hold both the ammo and the gun, make sure that a different lid, zipper, button, or some other kind of closure has to opened to get the ammo than has to be opened to get the gun.


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    Will do, Thank-you.

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    Quote Originally Posted by eye95 View Post
    Yes, you can OC. The problem is how do you acquire a handgun? It is illegal, with very few explicit exceptions, to provide a handgun to anyone under the age of 21.
    Since he is in the military, one of the exceptions applies to him.

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    As it relates to his military duty ONLY. I still cannot sell him a firearm. No one else could sell him one. He cannot be gifted a firearm.

    Apart from getting a duty weapon, which he would surely be barred from OCing off-duty, how does he get the firearm that he would OC?

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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by eye95 View Post
    As it relates to his military duty ONLY. I still cannot sell him a firearm. No one else could sell him one. He cannot be gifted a firearm.

    Apart from getting a duty weapon, which he would surely be barred from OCing off-duty, how does he get the firearm that he would OC?
    Indeed, as the exception in ORC 2923.21 to improperly furnishing a handgun to someone under 21 only applies to law enforcement, not military. The only way I am aware of would be to acquire the handgun legally in another state then bring it into Ohio.
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    Quote Originally Posted by JustaShooter View Post
    Indeed, as the exception in ORC 2923.21 to improperly furnishing a handgun to someone under 21 only applies to law enforcement, not military. The only way I am aware of would be to acquire the handgun legally in another state then bring it into Ohio.
    And, as far as handguns go, that would require him to be a resident of that other State. Of course, it is possible to be a resident of more than one State. I can lawfully acquire handguns in both Alabama and Ohio.


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    Quote Originally Posted by eye95 View Post
    And, as far as handguns go, that would require him to be a resident of that other State. Of course, it is possible to be a resident of more than one State. I can lawfully acquire handguns in both Alabama and Ohio.


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    I wonder what the ATF would think about that.......
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    Quote Originally Posted by EMNofSeattle View Post
    I wonder what the ATF would think about that.......
    Would think about what?

    If you are referring to anything I wrote in the post, I would hope that they would not care, as the law and ATF rules both recognize the legality of having two States of residence and of an 18yo acquiring firearms from non-FFLs.

    So, what specifically seems to be giving you pause?

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    Quote Originally Posted by eye95 View Post
    Would think about what?

    If you are referring to anything I wrote in the post, I would hope that they would not care, as the law and ATF rules both recognize the legality of having two States of residence and of an 18yo acquiring firearms from non-FFLs.

    So, what specifically seems to be giving you pause?
    Claiming two states of simultaneous residence......for the purpose of purchasing handguns
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    Quote Originally Posted by EMNofSeattle View Post
    Claiming two states of simultaneous residence......for the purpose of purchasing handguns
    When I am staying at my house in Montgomery, I am legally a resident of Alabama for the purposes of purchasing a firearm. My wife still routinely lives in that house. When, as usual, I am living in my house in Fairborn, I am legally a resident of Ohio for the purposes of purchasing a firearm.

    If you are trying to insinuate that I doing or advocating anything unlawful, please make the charge directly. I will cite law and ATF rule to refute it. Otherwise, if you are not just being mistaken about the law, then I see you as behaving like an ass and not worth wasting another bit of bandwidth on.

    Oh, and if as I infer, you are making a veiled threat to tattle to the ATF, have at it. The law is on my side, not the side of some cop behaving thuggishly.

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    Quote Originally Posted by eye95 View Post
    When I am staying at my house in Montgomery, I am legally a resident of Alabama for the purposes of purchasing a firearm. My wife still routinely lives in that house. When, as usual, I am living in my house in Fairborn, I am legally a resident of Ohio for the purposes of purchasing a firearm.

    If you are trying to insinuate that I doing or advocating anything unlawful, please make the charge directly. I will cite law and ATF rule to refute it. Otherwise, if you are not just being mistaken about the law, then I see you as behaving like an ass and not worth wasting another bit of bandwidth on.

    Oh, and if as I infer, you are making a veiled threat to tattle to the ATF, have at it. The law is on my side, not the side of some cop behaving thuggishly.
    Unnecessarily harsh. Having made the claim the burden to cite rightfully belongs to you. That is how people share their knowledge with others.


    The Forum Rules state it thusly:

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
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    Quote Originally Posted by Grapeshot View Post
    Unnecessarily harsh. Having made the claim the burden to cite rightfully belongs to you. That is how people share their knowledge with others.


    The Forum Rules state it thusly:

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    If and when he specifically, not via implication, states that I am wrong and asks for a cite, I will provide it. I could claim that murder is illegal, and no cite would be necessary until challenged on that claim.

    This poster is being deliberately antagonistic, but vague. I will not cite until he tells me that I am wrong and asks for the cite.

    Of course, you zeroed in on the cite that was not requested, not the vague and antagonistic behavior of the other poster. I have come to expect such. Are we trying to "build a case" here?

    BTW, I don't care a whit if you think I am being harsh. I am being blunt, have always been, and will continue to be so. Do what you will.

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    Quote Originally Posted by eye95 View Post
    If and when he specifically, not via implication, states that I am wrong and asks for a cite, I will provide it. I could claim that murder is illegal, and no cite would be necessary until challenged on that claim.

    This poster is being deliberately antagonistic, but vague. I will not cite until he tells me that I am wrong and asks for the cite.

    Of course, you zeroed in on the cite that was not requested, not the vague and antagonistic behavior of the other poster. I have come to expect such. Are we trying to "build a case" here?

    BTW, I don't care a whit if you think I am being harsh. I am being blunt, have always been, and will continue to be so. Do what you will.
    Don't see the need to do anything Eye - your doing a great job on your own - interpreting the rules as YOU see fit, not in accordance with OCDO. Nowhere does the rule indicate that a cite should be provided only when challenged.....quite to the contrary.
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    Quote Originally Posted by Grapeshot View Post
    Don't see the need to do anything Eye - your doing a great job on your own - interpreting the rules as YOU see fit, not in accordance with OCDO. Nowhere does the rule indicate that a cite should be provided only when challenged.....quite to the contrary.
    Just plain old reason does. Laws are cited in most posts on OCDO. Cites are rarely provided. Why not? Because the cites are unchallenged. Again, if and when this poster says I am wrong (as he seems to be implying), I will cite.

    Feel free to continue stalking me, and nitpicking away. It is making clear to all who read what you are doing. I will move on, awaiting an on-topic reply.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by eye95 View Post
    Just plain old reason does. Laws are cited in most posts on OCDO. Cites are rarely provided. Why not? Because the cites are unchallenged. Again, if and when this poster says I am wrong (as he seems to be implying), I will cite.

    Feel free to continue stalking me, and nitpicking away. It is making clear to all who read what you are doing. I will move on, awaiting an on-topic reply.
    .............................. ^ ^ ^

    BTW - I agree it is or should be clear to anyone reading that adherance to the rules is a basic responsibilty of all that use this site. What is diiferent is that others oblige w/o avoidance. This law of which you speak is not common knowledge amongst all of our readers.

    I will provide one such cite.
    Q: What constitutes residency in a State?

    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
    http://www.atf.gov/content/firearms-...state-purchase
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    Regular Member OC for ME's Avatar
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    What is your "home of record"? Being in the military provides for you to claim residency in two states even though you are permanently stationed in a state not your home of record. Many states provide exemptions to active duty military and their spouses. What I do not know is the status of reserves/Nat Guard.

    I for many years carried a license that was not from the state the I claimed as my home of record. Cops would look at the expiration date and my military ID and tell me to slow it down a bit. Cops respect the military and if you are in compliance with local law the cops will likely extend a thank you for your service with a smile. The rub is the requirements to obtain a handgun in your home of record state.

    Thank you for your service and be safe.

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    Quote Originally Posted by OC for ME View Post
    What is your "home of record"? Being in the military provides for you to claim residency in two states even though you are permanently stationed in a state not your home of record. Many states provide exemptions to active duty military and their spouses. What I do not know is the status of reserves/Nat Guard.

    I for many years carried a license that was not from the state the I claimed as my home of record. Cops would look at the expiration date and my military ID and tell me to slow it down a bit. Cops respect the military and if you are in compliance with local law the cops will likely extend a thank you for your service with a smile. The rub is the requirements to obtain a handgun in your home of record state.

    Thank you for your service and be safe.
    Sorry.

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    Quote Originally Posted by Grapeshot View Post
    .............................. ^ ^ ^

    BTW - I agree it is or should be clear to anyone reading that adherance to the rules is a basic responsibilty of all that use this site. What is diiferent is that others oblige w/o avoidance. This law of which you speak is not common knowledge amongst all of our readers.

    I will provide one such cite.
    Q: What constitutes residency in a State?

    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
    http://www.atf.gov/content/firearms-...state-purchase
    eye95 is no longer on active duty in the armed forces....

    he claims to work at a base exchange in Ohio but his "residence" is in Alabama, but claims he's a resident of both states for GCA. He may be a resident of both states for tax purposes

    but that's a different title of United States Code then the GCA. since 922 states it's unlawful to sell a handgun to someone who resides in a different state unless that person maintains a place of business in the state where the dealer is. maybe eye95 claims his employer as a place of business, not inconcievable.

    But I would be very interested in what rule he's citing, because I don't think the law allows for that....
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    For a quick answer, grab a 4473. (They are available as a PDF online if you don't have a paper copy.) Look at the instructions for Question 13, State of Residence. You will find the following explanation:

    "If you are a U.S. citizen with two States of residence, you should list your current residence address in response to question 2 (e.g., if you are buying a firearm while staying at your weekend home in State X, you should list your address in State X in response to question 2.)"

    A weekend home is one example. For yet another example, snowbirds who summer in NY and winter in FL could have two residences. I almost always stay in OH, but own a house in AL and stay there sometimes. When I stay at that home, even for a single day, AL is my residence for the purpose of buying a handgun.

    If you'd like more, ask and ye shall receive.

    Talk to me like an adult, and I will respond in kind. Treat me in the off-handed and disrespectful way you did earlier, and you will get the same from me.


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