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Thread: Help

  1. #1
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    I have just recently turned 18 and was browsing the site and noticed on the maps page that it is 18 to OC here in Ohio..(I am in the northern part of Ohio, around 15 minutes south of lake Erie) So If i was to "inherit" a handgun for christmas of my grandfathers or something of that nature. Would it be legal for me to open carry it around town? Or do i still need to be 21 to do so? Thanks.

  2. #2
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    Let me preface my post with this... I AM NOT A LAWYER!!

    Hmm... I don't know the legalities of ownership for an 18 year old but OC ins't illegal for someone your age. This leaves me to believe that if you are legally OCing then ownership of the gun isn't the business of the police department. What I mean is if you aren't breaking the law then they have no right to stop, question or detain you. Now, finding a way to make that work in your favor is another thing entirely.

    Good luck to you. Hopefully somone with more experience in this matter will chime in and give you better direction.

  3. #3
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    Carrying a handgun in Ohio is restricted for persons 18-20 years old, inclusive. You pretty much need to be supervised/accompanied by a parent/guardian and/or using it for a bona fide need like working on a farm. I forget the exact wording and don't know the exact section of the Revised Code that covers this, but it falls under the "weapons control" section generally. Link here: http://codes.ohio.gov/orc/2923.

    Welcome to the forum.

    -ljp

    ed: This section covers transactions of firearms with respect to "minors," which includes under-21 adults with respect to handguns: http://codes.ohio.gov/orc/2923.21.


  4. #4
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    So basically I could OC if I had a parent with me or if I was working out on a farm? Alright...Sounds fair enough. Thanks for the information. This is an awesome site by the way. Very informational.

  5. #5
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    Earthsmight wrote:
    So basically I could OC if I had a parent with me or if I was working out on a farm?
    Yes, but remember that if you get in a vehicle, you have to follow the transportation of firearm laws.

    Example:

    You and your parent(which have a concealed carry permit) want to go the store, and OC when you get there. Your parent may OC in the vehicle, but YOU MAY NOT. Your weapon has to be tranported unloaded(no bullets allowed in the gun or mag) and the weapon in a case, etc. If they(parents) don't have a permit, they must do the same.

    Make sure you readALL of the ORC link Legba provided.

  6. #6
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    I just went back and read the ORC myself, looking for the "farm" issue.

    Unless I'm missing it, the only thing I found was under:

    2923.16 Improperly Handling Firearms In A Motor Vehicle

    (A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

    (2) Division (A) of this section does not apply to a person if all of the following circumstances apply:

    (a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.

    (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.

    (c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.



    So if I'm understanding it right, it can't be just "a farm", a parent has to own it.

    But again, this under shooting from a vehicle, I couldn't find anything that states mere possession. I know you must have written permission from the landowner if you hunt, if it's not your own. But you can be unaccompanied at 18 for that.

    Maybe combine the two? If the "farm" is not your own, get WRITTEN permission to hunt coyotes, since there is no season. Then you may OC unaccompanied. If questioned, just say you were hunting earlier.

  7. #7
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    Pauly wrote:
    Let me preface my post with this... I AM NOT A LAWYER!!

    Hmm... I don't know the legalities of ownership for an 18 year old but OC ins't illegal for someone your age. This leaves me to believe that if you are legally OCing then ownership of the gun isn't the business of the police department. What I mean is if you aren't breaking the law then they have no right to stop, question or detain you. Now, finding a way to make that work in your favor is another thing entirely.

    Good luck to you. Hopefully somone with more experience in this matter will chime in and give you better direction.
    Hmmm.... I guess I was further off home plate than I thought. I apologize for the misinformation. I figured smarter folks would take care of your question better than I could. I should refrain from answering these types of questions in the first place.

  8. #8
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    I wouldn't get hung up over the farm thing - that was just an example of someone who may have a bona fide need to have one for their work - I forget if that strictly just applies to one's own family's farm in that case, or what. Anyway, that link is down just now, so I can't check the circumstances where it's ok. just be aware that a person under 21 in Ohio is not generally legally entitled to walk about OCing unsupervised as we generally advocate that over-21-adults be able to do here.

    -ljp

  9. #9
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    18 USC 922:
    http://www4.law.cornell.edu/uscode/1...2----000-.html

    (x) (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (2) It shall be unlawful for any person who is a juvenile to knowingly possess— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (3) This subsection does not apply to— (A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; (ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.


    This is Federal, it has the farm issue.

    But as you can see, it is for under 18 and also states that you must followyour state's laws.

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