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Thread: Interstate Sale Technicalities

  1. #1
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    There have been a number of posts on the Ohio forum regarding the ownership and OCing of adults under the age of 21 (myself included). I recently spent some time re-reading the ORC and found no law stating that it is illegal to OWN a handgun under the age of 21, just to buy it. Here are the relevant codes:

    2923.21 Improperly furnishing firearms to minor
    http://codes.ohio.gov/orc/2923.21

    2923.211 Underage purchase of firearm or handgun
    http://codes.ohio.gov/orc/2923.21


    Here comes the interesting part. Ohio allows for
    Any resident of Ohio age eighteen or over ... [to] purchase or obtain a rifle, shotgun, or ammunition therefor in Indiana, Kentucky, Michigan, Pennsylvania, or West Virginia
    http://codes.ohio.gov/orc/2923.22

    In 2923.11 Weapons control definitions the word "rifle" is not defined.
    http://codes.ohio.gov/orc/2923.11

    So one of the things I need cleared up is if there is any precedent regarding the definition of "rifle" set by an Ohio court of law. If not, then I could assume that a "rifle" is, according to the New Oxford American Dictionary,
    a gun, esp. one fired from shoulder level, having a spirally grooved barrel intended to make a bullet spin and thereby have greater accuracy over a long distance.
    Note that it includes BUT IS NOT LIMITED TO "one fired from shoulder level". As long as the handgun has a rifled barrel it could conceivably be considered a "rifle".

    To recap so far, we do not have any law specifically making the ownership of a handgun by an adult below the age of 21 illegal, and we *may* have a way to transfer ownership to such a person while still obeying the law.

    As far as I can tell, any help being appreciated, the Kentucky Revised Statues allow for the purchase and ownership of a handgun and its ammunition above the age of 18. Relevant statues include

    527.100 Possession of handgun by minor.
    http://www.lrc.state.ky.us/KRS/527-00/100.PDF



    So the question becomes:

    Would it be lawful, being an Ohio resident above the age of 18 and below the age of 21, to purchase a handgun in Kentucky and transport it to Ohio, thereby retaining full legal ownership of the handgun? Could it be a private transfer? Could it be a private transfer between two Ohio residents who happen to be in Kentucky? Please cite any court cases that may be relevant, as I would like to read about them.


    A corollary to this "handgun ammunition". Could someone please enlighten me regarding the purchase of ammunition commonly used in handguns, i.e. 9mm, as opposed to ammunition commonly used in long-barreled weapons, i.e. .223/5.56? I've heard a number of conflicting ideas about this and can't seem to find anything in the ORC.

  2. #2
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    By the way I will post this in the Ohio forum as well.

  3. #3
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    I'm not grasping why you would need to go to KY to purchase a handgun. Can you not buy a handgun in OH from a private party?

  4. #4
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    You should be able to buy privately in Ohio. If not then you can buy privately in Kentucky, but once you cross state lines you have to go by their laws. Like I do not have my CCDW permit. When I go into TN I better not give any reason to get pulled over because you have to have a permit to have a handgun there. Something to think about.

  5. #5
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    poddus wrote:
    There have been a number of posts on the Ohio forum regarding the ownership and OCing of adults under the age of 21 (myself included). I recently spent some time re-reading the ORC and found no law stating that it is illegal to OWN a handgun under the age of 21, just to buy it. Here are the relevant codes:

    2923.21 Improperly furnishing firearms to minor
    http://codes.ohio.gov/orc/2923.21

    2923.211 Underage purchase of firearm or handgun
    http://codes.ohio.gov/orc/2923.21
    read the statutes you cite - its unlawful to sell a handgun to a person under 21, but its not illegal to buy one

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