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Numerous questions about Ohio hangun laws/OC

hurf

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*Handgun laws. Ugh. Sorry for the obvious typo.


Hi. I've been an Ohio resident for several years and have slowly picked up interest in firearms. I was friends with a fellow student who enjoyed hunting but only now have I decided to go deeper into guns, pistols specifically. After reading several threads on here I have found the answers to a great number of questions - but I still need a few answered. Bear with me as I'm still trying to learn about handguns in general, seeing as how I've grown up with rifles.


- I'm currently 18 years old. I understand that CC is not an option for me but OC is. I also understand that you must be 21 years of age to buy a handgun. Where does this leave me? Someone mentioned that a parent can 'gift' a handgun to their son or daughter legally. Is this allowed in Ohio? Are there any forms or guidelines, or is this an unspoken rule for families? Would my mother/father still legally own the handgun and I could legally OC it as young (so much for being an adult) as I am? Or is registration changed or something?

- If a parent can gift me a handgun at 18, and I chose to open carry, what do I do when an LFO asks for idenficiation or a permit for the handgun? Is an ID card issued for the handgun upon purchase or registration? Or would I just dumbly look at an LFO and say 'no, I'm just carrying my parent's handgun around the block', if my parents own the gun?

- My current mode of transportation is a motorcycle. I understand that, without a CCW license, this puts more strain on me. Since I can't CC, what should I do? If it helps, my "trunk" requires me to completely stop, remove my key from the ignition, dismount, and then turn around and use the ignition key to open it. Should I carry my unloaded firearm on me, in a holster, and carry ammunition in the bike's trunk? What do I do about magazines? Carry them on me as well, unloaded? Or since my trunk is not in an easy to access place, could I keep loaded magazines in there with the gun on me? Again, I will be without a CCW.

- And, now, if I was to dismount from the motorcycle and go to OC in a public place with unloaded mags, wouldn't I need to load the magazines in the parking lot or something? It seems pretty confusing, and I'm not sure that someone seeing an 18 year old loading a handgun magazine on his motorcycle would react kindly. Is that my only option if I wish to transition onto foot if I can only keep unloaded mags?

- I understand I'm going to get even more hastling about OC as young as I am but I believe that I'm mature enough to handle it. I'm also sure that LFOs will give even more flak. What do I do if they say they're going to arrest me? I have a spotless criminal (and driving) record and I doubt resisting arrest would blow over very well if I plan to get my CCW in a few years. Do I just go and claim false arrest later?

- There are no restrictions on ammunition on the person while OCing, correct? Am I allowed to carry a second magazine or two on my opposite hip?





Sorry for all of the questions, just trying to find out some more info. Already I've learned so much on this site. Thanks a bunch.
 

Mike

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The last time John and I went thru this issue of handgun transfers in Ohio to people under 21 we concluded thatthe transforee (you) was fine - but the transferor (your frind or parent or priovate seller) violated Ohio law.

Any Ohio experts out there got the transfer statute handy?
 

Legba

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I'm not an attorney, but I have had significant scrapes with the cops over these issues (see the "Ohio vs. Legba" thread in the Ohio section if you want to have bad dreams), and these are my responses/observations to your questions:

Yes, your parents can "gift" a handgun to you at 18 in Ohio (and in most other states). You just can't buy one from a dealer till you're 21. There are restrictions on minors possessing or acquiring handguns. Limits onthehandgun rights ofa person 18-20 years old in Ohioare referred to below.

Motorcycles bring it under the category of transporting firearms. You will need either the permit or some way to lock up the gun and ammo separately to transport them without problems. Also, under the new law, which takes effect as of September 8th or so later this year, magazines must be empty when transporting firearms and ammo, unless you have the carry license. The law is ambiguous as it is now.

Yes, if you want to transition to OCing on foot without a permit, you would need to stop and load the magazines after dismounting from the bike and unlocking all the stuff.

Do not ever resist an arrest, however lame the pretext isfor running you in. You will not win, and you will make things very considerably worse for yourself later.

Yes, you can OC loaded, with loaded magazines and extra ammo. The restriction is on non-foot transportation.

Welcome to the forum.

-ljp

Mike, et al. Sec 3923.21 (A)(3)of the Ohio Revised Code deals with persons under 21 and handguns (link here: http://codes.ohio.gov/orc/2923.21). There have been weird cases where a relative has died and bequeathed a handgun to a person under 21, who then becomes the lawful owner of the firearm, but who cannot legally take exclusive possession of the handgun until turning 21, even though they may have clear title of ownership. Ain't the law grand? You may literally need a note from your mother to carry it around your own farm unsupervised.
 
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