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Quick Question

jake1130

New member
Joined
Dec 8, 2013
Messages
4
Location
massillon
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.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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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JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
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:

jake1130

New member
Joined
Dec 8, 2013
Messages
4
Location
massillon
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!
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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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eye95

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Jan 6, 2010
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Fairborn, Ohio, USA
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?
 

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
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.
 

eye95

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Jan 6, 2010
Messages
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Location
Fairborn, Ohio, USA
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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eye95

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Fairborn, Ohio, USA
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?
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
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
 

eye95

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Jan 6, 2010
Messages
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Fairborn, Ohio, USA
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.
 

Grapeshot

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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.
 

eye95

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Messages
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Fairborn, Ohio, USA
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.
 

Grapeshot

Legendary Warrior
Joined
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Messages
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Location
Valhalla
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.
 

eye95

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Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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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