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Thread: Minimum age to possess a handgun, OC in aircraft

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    Regular Member t33j's Avatar
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    I just read a good bit of the Ohio weapons code... I've got some questions.

    I saw the section about it being illegal for people under 21 to purchase a handgun. Fine, I'm 20 and already own a few handguns. I didn't see anything about the minimum age for possession. Anyone know it?

    The CC section mentions that CC in any aircraft is illegal. Anyone know about OC?
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    Isn't an airplane considered a motor vehicle? If so it sounds like no carry...

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    Regular Member t33j's Avatar
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    theqbn wrote:
    Isn't an airplane considered a motor vehicle? If so it sounds like no carry...
    They are specifically mentioned.

    Quote Originally Posted by 2923.126B8
    (8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft;
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    double post, I'm editing this too much after accidentally posting it. :/

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    t33j wrote:
    I saw the section about it being illegal for people under 21 to purchase a handgun. Fine, I'm 20 and already own a few handguns. I didn't see anything about the minimum age for possession. Anyone know it?
    I've done a fair bit of research on this myself (specifically http://opencarry.mywowbb.com/forum43/34205.html). As far as I (and numerous others) have been able to figure it out (IANAL), there is no minimum age for possession. A 2-year-old could potentially inherit a handgun and legally own it, since the law only addresses purchases. This is also in federal law:

    from http://www.atf.gov/publications/down...f-p-5300-4.pdf
    (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—
    (3) This subsection does not apply to—
    (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
    Now, this specifically refers to juveniles, meaning persons under the age of 18. Therefor my guess is that possession, being distinct from ownership, of a handgun is legal for persons above the age of 18 (generally speaking). It could be much less, but 18 is simply a conservative guess.

    Of course you aren't allowed to get your CCW until you're 21, but as far as the law is concerned you are perfectly allowed to own and open carry your handguns. However a police officer will probably not know about the technicalities in the laws and you'll likely be in a court once or twice to explain your rights to them :P. Not that that is such a bad thing, but it's certainly an inconvenience.


    Regarding aircraft carry:

    This seems like a pretty finicky subject. As you may know, motor vehicle carry is only lawful with a CCP (2923.16 Improperly handling firearms in a motor vehicle. http://codes.ohio.gov/orc/2923.16). However the ORC makes a clear distinction between motor vehicles and aircraft.

    4501.01 Motor vehicles definitions.
    http://codes.ohio.gov/orc/4501.01
    (B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
    4561.01 Aeronautics definitions.
    http://codes.ohio.gov/orc/4561.01
    (B) “Aircraft” means any contrivance used or designed for navigation or flight in the air, excepting a parachute or other contrivance for such navigation used primarily as safety equipment.

    as you noted:

    2923.126 Duties of licensed individual
    http://codes.ohio.gov/orc/2923.126
    (B) A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:

    (8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft;
    This of course only pertains to concealed carry, so it may follow that open carrying a handgun across state lines while on an aircraft is legal, which I would think it is, but don't quote me on that :P

    So, taking all this into account, I should think that open carry of a handgun on an aircraft, provided said aircraft is not leaving the state, is perfectly legal.


    Again, IANAL, but I hope this helps you out some.



    cheers,

    -poddus

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    Regular Member t33j's Avatar
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    Well that's good news about OC on the ground. I hadn't really planned on flying around up there... but it's a possibility. I guess what we really need is the definition of "motor vehicle".
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    t33j wrote:
    Well that's good news about OC on the ground. I hadn't really planned on flying around up there... but it's a possibility. I guess what we really need is the definition of "motor vehicle".
    I quoted the definition in my post. look for:

    4501.01 Motor vehicles definitions.

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    Regular Member t33j's Avatar
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    Yeah I read that to include aircraft. So basically you can't carry at all in anything that flies except a glider.
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    t33j wrote:
    Yeah I read that to include aircraft. So basically you can't carry at all in anything that flies except a glider.

    Well, the ORC does make a distinction between motor vehicles, aeronautics, and watercraft, each being its own class of vehicle. Makes sense, land, water, and air.

    So yeah, the definition of "motor vehicle" does not include aircraft. It may seem kinda strange because a plane does fit the definition of "motor vehicle" as in the ORC, but because of the way the law is laid out it could not, in the court of law, be construed to mean that.

    In short, you are more free to carry a weapon on a plane than in a car.

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