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18 years old and want to open carry handgun in Ohio & Kentucky

E

Eager

Newbie
Joined
May 8, 2015
Messages
3
Location
Kentucky
Im 18 years old and want to open carry a handgun in the state of ohio.
QUESTIONS I HAVE and PLEASE PROVIDE STATUTES FOR ANSWERS. ALSO PLEASE GIVE ANSWERS SEPERATE

1.can you be 18 years old and open carry in ohio.
2.do you have to give ID if police ask for it in ohio.
3.can a "private party" give you a legal handgun to someone 18 years old in ohio.
4. is there a magazine capacity in ohio?
5.does ohio require gun registration
6.Can you open carry a HANDGUN in ohio?

thanks for taking the time out, i am just very eager to know and want to protect me and my family.
 
Last edited by a moderator:
E

Eager

Newbie
Joined
May 8, 2015
Messages
3
Location
Kentucky
18 years old and want to open carry handgun

Im 18 years old and want to open carry a handgun in the state of kentucky and ohio.
QUESTIONS I HAVE and PLEASE PROVIDE STATUTES FOR ANSWERS. ALSO PLEASE GIVE ANSWERS SEPERATE

1.can you be 18 years old and open carry in kentucky
2.do you have to give ID if police ask for it in kentucky
3.can a "private party" give you a legal handgun to someone 18 years old in kentucky
4. is there a magazine capacity in kentucky
5.does kentucky require gun registration
6.Can you open carry a HANDGUN in kentucky
IF YOU DONT MIND PLEASE PROVIDE ADDITIONAL INFORMATION!!!

thanks for taking the time out, i am just very eager to know and want to protect me and my family.
 
J

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
First, you do realize that any info you receive on the interwebz may be worth exactly what you pay for it--- Right?
Would suggest contacting an attorney licensed to practice in your state or even a local law school library--- many law students like? to do research for cheap!
Read the law, determine for yourself what you think you have read means then clarify with someone knowledgeable but don't just accept their answers but have then explain to you why their interpretation of the statute is correct and your answer was wrong.

Good luck!

I would suspect A correct answer for your query #4 is this---- when it is full! Can't cheat physics here even though some may try! LOL
 
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JustaShooter

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
1. Yes. In the state of Ohio you can openly carry any firearm you can legally possess. There is no law against it, so I cannot provide a statute. However, see #3 and http://codes.ohio.gov/orc/gp9.68 especially (C) (1)

9.68 Right to bear arms - challenge to law.

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

(C) As used in this section:

(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.

(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(D) This section does not apply to either of the following:

(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.
Click to expand...

2. Under certain circumstances, yes, but generally no. See http://codes.ohio.gov/orc/2921.29
2921.29 Failure to disclose personal information.

(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following:

(a) An offense of violence that would constitute a felony under the laws of this state;

(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;

(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.

(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.

(C) Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed.

(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing.
Click to expand...

3. No. See http://codes.ohio.gov/orc/2923.21 especially (A) (2) & (3)
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;

(4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

(5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

(6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

(7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

(B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

(C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.
Click to expand...

4. No. There is no law in Ohio that sets a magazine limit so I cannot provide a statute.

5. No. There is no law in Ohio that requires registration of firearms so I cannot provide a statute.

6. Yes. You can openly carry any firearm you can legally possess, including handguns, in Ohio. Again, no law in Ohio prohibiting it so I cannot provide a statute, but see #1 and #3.

ETA: A caveat about open carrying I forgot to mention - in Ohio, you cannot legally have a loaded firearm in a motor vehicle unless you have a Concealed Handgun License (CHL). Even with a CHL, you cannot have a loaded long gun in a motor vehicle in Ohio. In Ohio, "unloaded" is defined in http://codes.ohio.gov/orc/2923.16 section (K) (5) (a):

(K) As used in this section:

(5)

(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.

(c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
Click to expand...
 
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solus

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
just, my sincere kudos and tip of the hat to you for your effort.

while I do not know how appreciative the OP is or will be, but I thank you for posting an extremely viable reference,

ipse
 
E

Eager

Newbie
Joined
May 8, 2015
Messages
3
Location
Kentucky
Open carry HANDGUN 18 years old in KY

if the minimun age to open carry is 18, why cant you purchase a handgun from a gun store at the age of 18?
example i went to a pawn shop in kentucky(5-07-15) and i told the man working open carry is legal in the state of kentucky and minimum age is 18 including all firearms, and he said i will not sell you a HANDGUN if you are not the age of 21 or above. please help me if i am wrong or with any other additional information. thanks
 
J

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
Fed law prohibits an FFL from selling to anyone under the age of 21. Nothing in FEDERAL law prevents one from making a private purchase or receiving a gift
 
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solus

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
JoeSparky said:
Fed law prohibits an FFL from selling to anyone under the age of 21. Notjimg (sic) prevents one from making a private purchase or receiving a gift
Click to expand...
(fix'd it for you)

sparky, et al., your kind attention is directed to ohio statute listed in number 3 below or above depending on your perspective but i will quote the salient part for ease of review:

quote:
2923.21 Improperly furnishing firearms to minor.

(A) No person shall do any of the following:
snip...
(3) snip...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;
unquote.

this only speaks to Ohio, and not KY's statutes and joe, you are right, nothing precludes a member of eager's family from gifting a firearm to them, but eager's #3 specifically stated quote 'private party' unquote which apparently in Ohio according to the statute listed above is illegal.

eager, there is also the small matter of purchase of ammo for any firearm you might acquire since 'theoretically' you are unable to purchase hand gun ammo until you are 21.

yes eager, it is an age olde catch 22 in that you are no longer considered a minor but can't legally purchase a handgun or ammo for your purchase.

recommendation...have you taken a firearm course, e.g., NRA basic pistol class or hunter safety course?

ipse
 
JustaShooter

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
Eager said:
if the minimun age to open carry is 18, why cant you purchase a handgun from a gun store at the age of 18?
Click to expand...

I won't speak for Kentucky but as to Ohio, you can openly carry any firearm you can legally possess, regardless of age or firearm. The age and firearm restrictions only come into play when acquiring a firearm.

In Ohio, someone between 18 and 21 *can* legally possess a handgun, you just can't legally buy one and nobody can legally give / furnish you one (outside of a possibly flawed provision for LEOs). So really the only legal way for an 18-21 year old to legally possess a handgun in Ohio is if you acquired it legally while a resident of another state and moved to Ohio. At least, I can't see any other way...
 
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