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Thread: Need help from the Ohio OC'ers!

  1. #1
    Regular Member Scooter's Avatar
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    Need help from the Ohio OC'ers!

    Greetings from Michigan!
    A friend and his wife who live in Ohio are taking the concealed carry course. They do not own their own handgun yet and were planning to borrow his father's firearm. This is all fine except: Dad lives in Michigan (Dad has a concealed pistol license). The class is in Ohio. I keep thinking transport across State line is a problem...am I wrong?
    Any direction or help with this question would be greatly appreciated!
    Thanks!

    Scott

  2. #2
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Scooter View Post
    Greetings from Michigan!
    A friend and his wife who live in Ohio are taking the concealed carry course. They do not own their own handgun yet and were planning to borrow his father's firearm. This is all fine except: Dad lives in Michigan (Dad has a concealed pistol license). The class is in Ohio. I keep thinking transport across State line is a problem...am I wrong?
    Any direction or help with this question would be greatly appreciated!
    Thanks!

    Scott
    No. He must transport it legally. If the son is bringing it back to Ohio from Michigan then it need to brought back unloaded in a case and in the trunk of the car. If ammo is also being brought back it should be in its own separate case/bag/box. This also applies when taking the class while transporting and until he get his license.

  3. #3
    Regular Member Scooter's Avatar
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    Smile

    Thank you for the reply!
    As long as he is transporting in a legal manner (firearm and ammunition locked and stored properly) he is good to go.
    Thanks again for the help, I knew I could count on the Ohio OC forum!

    Scott

  4. #4
    Accomplished Advocate color of law's Avatar
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    Needs to go straight from his dad's home to Ohio. No sightseeing and follow all traffic laws. And I would suggest his father gifted it to his son, wink wink...

  5. #5
    Regular Member Scooter's Avatar
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    Roger that.

  6. #6
    Accomplished Advocate BB62's Avatar
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    http://codes.ohio.gov/orc/2923.16

    Learn every word of the above and be able to recite it backwards - especially Ohio's idiotic definition of "unloaded". See 2923.16 (K)(5)(a).



  7. #7
    Regular Member Scooter's Avatar
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    WOW! That will take a little while...!

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    That's pretty sad how to get it done [notwithstanding that the RBKA is not subject to regulations like this] ... why not call the instructor and ask if he has a gun to borrow.

  9. #9
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Scooter View Post
    WOW! That will take a little while...!
    I was just kidding, but I thought you might want to see the law behind the advice you're being given.

  10. #10
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    Quote Originally Posted by color of law View Post
    Needs to go straight from his dad's home to Ohio. No sightseeing and follow all traffic laws. And I would suggest his father gifted it to his son, wink wink...
    NO, NO, NO ---- IF the firearm were to be "gifted" or anything other than loaned federal law would require an FFL involvement for the other state resident to obtain possession. Absolutely no problem with loaning across state lines per federal law.
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  11. #11
    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by color of law View Post
    And I would suggest his father gifted it to his son, wink wink...
    Wouldn't that be considered a transfer, and since the son isn't a Michigan resident but the father is, not permitted under Federal law? A loan on the other hand, does not appear to be restricted.

    See 18 U.S.C 922(a)(5)

    (a) It shall be unlawful—
    ...
    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
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