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Thread: Newbie question that has ACTUALLY researched first!

  1. #1
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    Newbie question that has ACTUALLY researched first!

    Hello I am new to open carry, in the since that I have never had an account with you guys, although I have read several threads and refer to the maps and laws listed here quite often. But even with this I am still uncertain as to what the exact law is, finding differing reports, to how old one must be to open carry a hand gun. I am 19, and live in the Ohio valley region, more specifically scioto county. I know cars are a different story, as are school zones, bars, etc. My question is solely on the age required to open carry. Your site says 18, Ohio's government website lists 21, as does several other outlets, I can source of need be. Can anyone help a newbie? If this has been covered before I do apologize, I didn't dig too far back in the threads.

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    Let me do a Cliff Notes explanation, others who are much better at providing links to the Ohio Revised Codes will soon chime in with specifics. It is illegal for those under 21 to acquire a handgun themselves in Ohio, nor can others (with very limited exceptions) provide one to you.

    If you had previously lived someplace where handgun possession/ownership was lawful at 18 years of age and you'd subsequently moved here with it, technically that wouldn't specifically break Ohio law. But by carrying it, that "possession" threshold would be crossed again.

    If you happened to be in the company of an adult guardian at all times when carrying that seems to qualify under another exemption mentioned in the ORC but I don't have much confidence that a typical law enforcement officer would be aware of that fact, you'd need to keep a copy of that section of the law with you.

    As stated I'm merely giving you a quick run through, this issue contains some gray area for sure.

  3. #3
    Regular Member JustaShooter's Avatar
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    I answered a similar inquiry recently in this thread: http://forum.opencarry.org/forums/sh...o-amp-Kentucky

    Bottom line, I pretty much agree with Brian D. It is pretty difficult to legally possess a handgun in Ohio if you are under 21, but if you do, you can legally openly carry it (in my opinion).
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  4. #4
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    Yes, it's this very area of unsurity that caused my question. I read somewhere before that I could carry with "expressed or written parental permission". Which seems a bit silly. But then again, it seems as tho that is the running theme with ORC. So really the answer is Yes and No haha. A man would probably be better off waiting till 21 and choosing to open carry, while keeping the sidearm at home until the camping trips and what not.

  5. #5
    Regular Member MyWifeSaidYes's Avatar
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    Just to get this out of the way: You only need to be 18 to purchase, possess and carry a rifle or shotgun.

    If you are having a hard time finding out the laws on open carry in Ohio, it's because there really aren't any. Ohio is a 'traditional' or 'legacy' open carry state. There have never been any state laws against open carry, and therefore it's legal. As of 2007, R.C. 9.68 added a protection for open carry. That is the only place in the Ohio Revised Code that mentions open carry.

    Now, about handguns...

    Federal law 18 USC 922(x) requires a minor (under 18) to have a parent or guardian's
    "prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile".

    The best part about this law? If you are not on your own property (or another's property by permission), there is no exception for the parent being present. Your child can be standing next to you at a public shooting range and they still need to have your written permission in their possession.


    Ohio law does not require written permission nor does it specify that a person under 21 may not possess a handgun. If you are under 21, you may not BUY a handgun (R.C. 2923.211) and no one may SELL or FURNISH you a handgun (R.C. 2923.21).

    R.C. 2923.21 does allow someone to furnish a handgun to a person under 21 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".


    My children, both under 18, routinely open carry handguns while we are taking part in various walks, protests, picnics or other activities. They have business card sized permission slips they carry with them that list both the federal and state laws.

    Bottom line, as already mentioned, if you can legally possess the firearm in Ohio, you may legally open carry that firearm in Ohio.
    Last edited by MyWifeSaidYes; 05-17-2015 at 10:05 AM.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  6. #6
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    Wow you guys are awesome. Thank you so much for your detailed replies. I believe the business card type permission slip in the wallet is a great idea and will probably use something similar. The handgun that I own was given as a Christmas present, so I did not buy it. Very interesting. Well, you guys have made me a fan.

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    Quote Originally Posted by scofield77 View Post
    The handgun that I own was given as a Christmas present, so I did not buy it.
    Were you an Ohio resident when it was given to you? If so, whoever gave it to you violated ORC 2923.21. Sorry, them's the breaks. However, as MWSY pointed out, you can open carry a long gun (rifle/shotgun) at 18.
    Last edited by JustJack; 05-17-2015 at 03:30 PM.

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    OMG! Give him moderator privileges for his state sub-forum!



    Welcome, Schofield77.
    Last edited by Citizen; 05-17-2015 at 03:42 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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  9. #9
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    So glad that MyWifeSaidYes chimed in here. He has the real life experience with these issues in Ohio and I am proud to have taken part in some gun rights events with him and his dialed-in kids.Thanks for the legal overwatch you provide us in Ohio.

  10. #10
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    Quote Originally Posted by MyWifeSaidYes View Post
    Ohio law does not require written permission nor does it specify that a person under 21 may not possess a handgun. If you are under 21, you may not BUY a handgun (R.C. 2923.211) and no one may SELL or FURNISH you a handgun (R.C. 2923.21).

    ***

    Bottom line, as already mentioned, if you can legally possess the firearm in Ohio, you may legally open carry that firearm in Ohio.
    However, there is a catch to this, and one which really should be mentioned. As previously stated, a person over age 18 and under age 21 is not specifically prohibited from possessing a handgun. The person who gave that handgun to him very probably did commit a criminal offense. And because the person under age 21 committed no offense, he has no Fifth Amendment privilege against self-incrimination. Therefore, that person could be subpoenaed before a grand jury and required to testify as to who gave him that handgun, on penalty of contempt of court. Not an enviable position for a young man.

    It's usually a good idea to think through all the negative possibilities.
    Open carry is a First Amendment exercise.

  11. #11
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    Quote Originally Posted by MyWifeSaidYes View Post
    Just to get this out of the way: You only need to be 18 to purchase, possess and carry a rifle or shotgun.

    If you are having a hard time finding out the laws on open carry in Ohio, it's because there really aren't any. Ohio is a 'traditional' or 'legacy' open carry state. There have never been any state laws against open carry, and therefore it's legal. As of 2007, R.C. 9.68 added a protection for open carry. That is the only place in the Ohio Revised Code that mentions open carry.

    Now, about handguns...

    Federal law 18 USC 922(x) requires a minor (under 18) to have a parent or guardian's
    "prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile".

    The best part about this law? If you are not on your own property (or another's property by permission), there is no exception for the parent being present. Your child can be standing next to you at a public shooting range and they still need to have your written permission in their possession.


    Ohio law does not require written permission nor does it specify that a person under 21 may not possess a handgun. If you are under 21, you may not BUY a handgun (R.C. 2923.211) and no one may SELL or FURNISH you a handgun (R.C. 2923.21).

    R.C. 2923.21 does allow someone to furnish a handgun to a person under 21 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".


    My children, both under 18, routinely open carry handguns while we are taking part in various walks, protests, picnics or other activities. They have business card sized permission slips they carry with them that list both the federal and state laws.

    Bottom line, as already mentioned, if you can legally possess the firearm in Ohio, you may legally open carry that firearm in Ohio.
    So I was "furnished" the handgun around Christmas time for the sole purpose of hunting and educational purposes and have been under supervision while using it and have written parent consent.

    Sound good? Lol.

    In all seriousness, I appreciate the response because it is these ins and outs that I needed to better understand.

  12. #12
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    Werz is another one I've been most pleased to associate with, his post above is an example of why. I knew about that legal quagmire of furnishing a handgun to someone under 21 but was reticent about not explaining the pitfalls just right and confusing the OP, along with anyone else reading this who's not well versed in Ohio's laws already.

    Werz, next time you, MyWifeSaidYes and I are open carrying around a county fair that illegally posts their property with 'No Guns' signs, the first round of deep fried desserts will be on my tab.

  13. #13
    Regular Member MyWifeSaidYes's Avatar
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    Werz is the Jedi. I am but a not-so-humble Padawan.

    Regardless, I will take you up on your offer, Brian.

    And if Werz doesn't want any, I'll take his, too.

    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    If JarJar touches my deep-fried Snickers, he's history.
    Open carry is a First Amendment exercise.

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    In this analogy perhaps I am Han Solo. BB62 is Chewbacca with a haircut and shave.

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