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Thread: Open Carrying Under 21

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    Open Carrying Under 21

    Hello everyone, first post here and I have a question. Could someone direct me to something that officially says that someone under 21 can own a handgun? I've started discussions on this issue on several other forums and the opinions vary wildly from no one under 21 can legally even handle a handgun without adult supervision to anyone over 18 can own one, just not buy it. According to the map here on opencarry.org, anyone over 18 can open carry and that has been my understanding for a long time. I'd just like to see some written proof of that.

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    2923.21 Improperly furnishing firearms to minor.

    (A) No person shall do any of the following:
    (1) Sell any firearm to a person who is under eighteen years of age;

    http://codes.ohio.gov/orc/2923.21
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    ORC 2923.21(A)(2)Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;
    ORC 2923.21(A)(3) furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

    ORC 2923.21(B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    http://codes.ohio.gov/orc/2923

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    Quote Originally Posted by gmhiggins View Post
    ORC 2923.21(A)(2)Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;
    ORC 2923.21(A)(3) furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

    ORC 2923.21(B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

    http://codes.ohio.gov/orc/2923
    The portion underlined above is where most of the debate centers. It would seem to indicate that it is legal for a 18-20 year old to own a handgun as long as it is only used for lawful hunting, sporting or educational purposes. This does not seem to include use for self defense and so would eliminate open carry between 18-20. If that's the case, the information on this site needs to be changed. I'd like to think I'm wrong but that's how it seems to read.
    Last edited by bearcreek; 02-24-2011 at 10:05 PM.

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    Exactly, bearcreek. I would not test this. OC gets enough attention to the point of obviously over 21 year olds being detained, arrested or threatened for openly carrying. You do not want to risk a felony and lose ALL of your rights.

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    Just to clarify, i'm well over 21, so this is not an issue for myself. I was mainly asking about the legality of an 18-20 year old owning a handgun, not necessarily carrying it.

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    Quote Originally Posted by bearcreek View Post
    Just to clarify, i'm well over 21, so this is not an issue for myself. I was mainly asking about the legality of an 18-20 year old owning a handgun, not necessarily carrying it.
    Ah, got mixed up with another thread, I guess. It looks pretty clear to me the conditions in with a 18-20 year old can own a handgun, but I am not a lawyer.

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    Quote Originally Posted by bearcreek View Post
    Hello everyone, first post here and I have a question. Could someone direct me to something that officially says that someone under 21 can own a handgun? I've started discussions on this issue on several other forums and the opinions vary wildly from no one under 21 can legally even handle a handgun without adult supervision to anyone over 18 can own one, just not buy it. According to the map here on opencarry.org, anyone over 18 can open carry and that has been my understanding for a long time. I'd just like to see some written proof of that.
    There is no law in Ohio banning 18-20 year olds from owning or borrowing handguns and open carrying them in public.

    The fact that a person violates Ohio law by furnishing an 18-20 year old a handgun does not make it illegal for the 18-20 year old to receive the handgun or carry it.

    Many people move to Ohio when they are 18-20 years old from other states - this is the easiest way to think of how 18-20 year olds in Ohio would be in possession of, and open carry, handguns in Ohio.

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    Well, interesting commentary so far. I still am not really any closer to having my original belief confirmed or denied. The above quote simply states that a person cannot sell a handgun to a person under 21, which is already federal law anyway. It says nothing about an 18-20 year old owning a handgun acquired as a gift, inheritance, etc. Based on what I've read and heard so far from many different sources, I will continue to assume that it is legal and I will continue to advise any 18-20 year old handgun owners I come across to be very careful with their firearms, especially during transport. Thanks for the comments!

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    Thanks for the correction about the federal legal age limit on private transfers. I remembered that after I read your post. What does the part in ORC 2923.21(A)(3) that says " including, but not limited to" mean then? If legal furnishing of a handgun to a 18-20 yr. old is "not limited to" "instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult", then, in theory, there is another circumstance under which the handgun can be furnished to the 18-20 year old. If that is not what the, "including, but not limited to" phrase means, then what does it mean?

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