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Thread: Questions about Ohio OC and Handgun laws.

  1. #1
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    Questions about Ohio OC and Handgun laws.

    Okay, so for the past week I've been doing extensive research to no avail - I guess some of the terms are too broad or something.

    So basically I have a few questions about Ohio OC & gun laws. I currently am in the process of moving from Florida to Ohio.

    So in Florida you can own a handgun under 21 so long as it is a gift or private party purchase. I'm 20 and own a Beretta M9A1. So from what I've read and understand since I'm bringing the gun from Florida where it is legal to Ohio the 21 and up rule doesn't apply to me correct?

    From my readings I've discovered that Ohio is OC friendly. So being over the age of 18 years old I can legally open carry anywhere that it is allowed?

    If I can OC what are the stipulations of it? Such as how can it be loaded while OC? Such as just clip loaded not chambered or can one be hot in the chamber ready to go?

    I live in the Akron area and have NEVER seen anyone OC before - anyone have experience OCing in Akron/Fairlawn/Barberton/Norton areas?

    I've also read that car transport is basically really hard for OC - so what is the best way to transport seeing as how I cannot attain a CCW currently due to my age? (gun in trunk in case with action cocked open, clip unloaded with rounds in glovebox?...or something like this?)

    Thanks in advance for your responses. Looking forward to OC....hopefully.

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    Ohio law bans the transferring of handguns to persons under 21, but bans open carry of handguns to persons under 18. Hence, you can bring your handgun to Ohio and open carry it.

    As for car carry, you must have a permit to conceal accepted by Ohio to carry in a vehicle even openly.

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    There are no "stipulations" because there is no law specifically regulating OC. OC is legal because there is no law making it illegal.

    Here is a recent thread about transporting in a motor vehicle.

    http://forum.opencarry.org/forums/sh...arry-transport

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    Regular Member ADulay's Avatar
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    Quote Originally Posted by CotySinz View Post
    If I can OC what are the stipulations of it? Such as how can it be loaded while OC? Such as just clip loaded not chambered or can one be hot in the chamber ready to go?
    Well, let's think about this one.

    You're open carrying your firearm basically for protection. In what condition would YOU like it to be to afford you the level of protection you desire?

    For me, that means loaded and ready to go.

    For others, it may mean that racking the slide is in order before being "ready to go".

    What's your comfort level? Some people are just not comfortable (for whatever reason) with a bullet in the chamber. I don't understand it, but that's not my call to make.

    The law does not make any reference to it either.

    I can't really answer any of your other question on age as I haven't seen 18-20 since about Viet-Nam or so!!

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    Quote Originally Posted by CotySinz View Post
    Okay, so for the past week I've been doing extensive research to no avail - I guess some of the terms are too broad or something.

    So basically I have a few questions about Ohio OC & gun laws. I currently am in the process of moving from Florida to Ohio.

    So in Florida you can own a handgun under 21 so long as it is a gift or private party purchase. I'm 20 and own a Beretta M9A1. So from what I've read and understand since I'm bringing the gun from Florida where it is legal to Ohio the 21 and up rule doesn't apply to me correct?

    From my readings I've discovered that Ohio is OC friendly. So being over the age of 18 years old I can legally open carry anywhere that it is allowed?

    If I can OC what are the stipulations of it? Such as how can it be loaded while OC? Such as just clip loaded not chambered or can one be hot in the chamber ready to go?

    I live in the Akron area and have NEVER seen anyone OC before - anyone have experience OCing in Akron/Fairlawn/Barberton/Norton areas?

    I've also read that car transport is basically really hard for OC - so what is the best way to transport seeing as how I cannot attain a CCW currently due to my age? (gun in trunk in case with action cocked open, clip unloaded with rounds in glovebox?...or something like this?)

    Thanks in advance for your responses. Looking forward to OC....hopefully.
    Okay, I'm gonna give this a shot...
    Answer to first question is no. I'll answer the rest of it in a minute....

    Answer to second question is yes, and no. You can open carry a rifle if you are over the age of 18, but not a handgun. You cannot open carry a handgun unless you are 21 in Ohio, regardless of any other State's law pertaining to the legal age to carry, or ownership of a handgun. Otherwise, it wouldn't make sense for someone who wants to CC to have to wait until they turn 21, to apply for the CHP, if all they have to do is go to another state (like Florida) to have a handgun given to them as a gift, or by purchasing in from a private party? Everyone under 21 would just OC, and Ohio may not collect that application fee for a CC permit when they do turn 21? That's why it's not legal for anyone under 21 to possess, or carry a handgun. At least that's the way it was explained to me? If I'm incorrect on this, please advise me otherwise...but I'm pretty sure you have to be 21 years old just to possess a handgun in Ohio?

    If your referring to Florida having reciprocity with Ohio where gun carry is concerned....reciprocity only refers to CC. And again, CC is for 21 and over. You could open carry a rifle at 18, but I wouldn't advise it? Might cause you too much trouble. I'm not saying you can't, because legally you can, but I don't think that's what your after anyways?

    Answer to third question is yes. If you are legal to open carry a handgun in Ohio, the firearm can be loaded with one hot in the chamber.

    Answer to fourth question is no. I personally have not open carried in that area yet. But I would not be afraid to. Ohio has preemption over local jurisdictions that attempt to illegally infringe on your right to bear arms. Basically, it would be illegal for any of the cities you listed to arrest you simply for openly carrying a firearm where it is legal (except gun free zones) to do so.


    Answer to fifth question is pretty much as you would transport a long gun. Separate the ammo from the firearm, whereas you would have to exit the vehicle in order to make it ready for fire.

    I'm not claiming to know it all, but my son is due to turn 21 next May. So as you have, we have been researching, and following the OC/CC, 18/21, issue for sometime now.

    My advice to you is to transport that handgun as you would a long gun to Ohio. Once you've settled in, call a couple of CC trainers, or the CC officer from the Ohio County Sheriff's Office in which you would be residing in for more details. I wouldn't waste my time with calling any local LE department. They may, or may not tell you what you want to hear, and it may cause you more trouble than it's worth?

    I strongly urge you to find out the truth in carrying a loaded handgun in Ohio by anyone under the age of 21 before I'd put it to the test. Doing so, may prevent you from acquiring a CHP after you turn 21, if your are arrested, and found guilty of a crime concerning your age now? Just some advise. Let us know what you find out, and good luck to ya!

    Hope my answers helped you?
    Last edited by ESD; 12-17-2011 at 12:49 AM.

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    Okay, I'm gonna give this a shot...
    Answer to first question is no. I'll answer the rest of it in a minute....

    Answer to second question is yes, and no. You can open carry a rifle if you are over the age of 18, but not a handgun. You cannot open carry a handgun unless you are 21 in Ohio, regardless of any other State's law pertaining to the legal age to carry, or ownership of a handgun. Otherwise, it wouldn't make sense for someone who wants to CC to have to wait until they turn 21, to apply for the CHP, if all they have to do is go to another state (like Florida) to have a handgun given to them as a gift, or by purchasing in from a private party? Everyone under 21 would just OC, and Ohio may not collect that application fee for a CC permit when they do turn 21? That's why it's not legal for anyone under 21 to possess, or carry a handgun. At least that's the way it was explained to me? If I'm incorrect on this, please advise me otherwise...but I'm pretty sure you have to be 21 years old just to possess a handgun in Ohio?

    1. "You cannot open carry a hundgun unless you are 21 in Ohio,..."
    Uhhh....cite a state statute please? When I read it it says 18 period.

    2. I don't think an Ohio resident can even buy a firearm private sale from a person from a different state? Wouldn't that make it an interstate trade...something controlled by the Federal Government? Pretty sure they require FFLs.

    3. Nothing you said in your statement even remotely "proves" that the age limit to OC handguns in Ohio is 21. All you're doing is giving a good argument that the Senate could use on the floor to make a new Bill actually making OC 21 for handguns.

    4. Again, it is 21 years old from an FFL, and 21 years old from a private sale competed in Ohio by Ohio citizens (per Ohio state statute).

    Here it is folks: 21 to buy a handgun from Private Party/FFL IN OHIO, 18 to OC anything in Ohio, and 21 to CC in Ohio. As long as you're not breaking any of those laws, you are legally exercising your 2nd Amendment rights. Any kind of business transaction between two citizens of different states requires an FFL, so the only 18-20 year olds that can OC handguns in Ohio are non residents who were able by some way to receive their firearm legally in their state (some allow 18+ for handguns via private sale, some only allow gifts from immediate family, some allow both.)

    Jake8x7
    Last edited by Jake8x7; 12-25-2011 at 02:43 AM.

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    Regular Member William Fisher's Avatar
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    I know you still can't OC or CC in some places such as Court Houses, Nurseing Homes and a few other places. What about open air areas of Parks (State, County, City and Municipal?). This is suppose to be allowed in Open air areas including open air shelters and free standing bathrooms. Is this correct? If so, how does one find it in the state, county, city codes and or a departments internal directives? I know this may have been asked before (Heck, I may have even asked it myself before), but I would appreciate any imput.

    Thank You,

    William
    Last edited by William Fisher; 12-31-2011 at 04:27 PM.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by William Fisher View Post
    I know you still can't OC or CC in some places such as Court Houses, Nurseing Homes and a few other places. What about open air areas of Parks (State, County, City and Municipal?). This is suppose to be allowed in Open air areas including open air shelters and free standing bathrooms. Is this correct? If so, how does one find it in the state, county, city codes and or a departments internal directives? I know this may have been asked before (Heck, I may have even asked it myself before), but I would appreciate any imput.

    Thank You,

    William
    You need to spend some time on Buckeye Firearms forum. http://forums.buckeyefirearms.org/index.php

    County, City and Municipal law has no bearing on gun laws, OC or CC.

    I suggest you read the AG handbook. http://www.ohioattorneygeneral.gov/concealedcarrybook

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    Regular Member William Fisher's Avatar
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    Quote Originally Posted by color of law View Post
    You need to spend some time on Buckeye Firearms forum. http://forums.buckeyefirearms.org/index.php

    County, City and Municipal law has no bearing on gun laws, OC or CC.

    I suggest you read the AG handbook. http://www.ohioattorneygeneral.gov/concealedcarrybook
    Thank You, I appreciate the reply and will follow your advice.

  10. #10
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by color of law View Post
    You need to spend some time on Buckeye Firearms forum. http://forums.buckeyefirearms.org/index.php

    County, City and Municipal law has no bearing on gun laws, OC or CC.

    I suggest you read the AG handbook. http://www.ohioattorneygeneral.gov/concealedcarrybook
    I have to alter my answer by withdrawing my suggestion of spending time at the Buckeye Firearms forum. Apparently they have adopted the policy that if your opinion differs from theirs it will be deleted. As a matter of fact, even if your opinion is supported by facts and theirs is not it will still be deleted.

    So the warning is be careful when visiting some of Ohio's gun forums. You just might not be getting the well rounded points of view from different perspectives that you would expect. I other words, buyer beware.

  11. #11
    Regular Member William Fisher's Avatar
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    Quote Originally Posted by color of law View Post
    I have to alter my answer by withdrawing my suggestion of spending time at the Buckeye Firearms forum. Apparently they have adopted the policy that if your opinion differs from theirs it will be deleted. As a matter of fact, even if your opinion is supported by facts and theirs is not it will still be deleted.

    So the warning is be careful when visiting some of Ohio's gun forums. You just might not be getting the well rounded points of view from different perspectives that you would expect. I other words, buyer beware.


    Thanks. While I use to visit there a little sometime ago, I have noticed that some of the views there aren't exactly Pro 2nd.

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    Quote Originally Posted by William Fisher View Post
    I know you still can't OC or CC in some places such as Court Houses, Nurseing Homes and a few other places. What about open air areas of Parks (State, County, City and Municipal?). This is suppose to be allowed in Open air areas including open air shelters and free standing bathrooms. Is this correct? If so, how does one find it in the state, county, city codes and or a departments internal directives? I know this may have been asked before (Heck, I may have even asked it myself before), but I would appreciate any imput.
    State preemption means cities, counties and other political subdivisions of the state cannot enforce any laws or rules restricting firearms in any place allowed by state law. That means you are legal in any state, metro, county or municipal park in Ohio. The only excluded area are buildings that are considered "government facilities". As you mentioned above, open air shelters and free standing bathrooms are legal.

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    Regular Member William Fisher's Avatar
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    Quote Originally Posted by RT48 View Post
    State preemption means cities, counties and other political subdivisions of the state cannot enforce any laws or rules restricting firearms in any place allowed by state law. That means you are legal in any state, metro, county or municipal park in Ohio. The only excluded area are buildings that are considered "government facilities". As you mentioned above, open air shelters and free standing bathrooms are legal.


    Thank You

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    Regular Member xmanhockey7's Avatar
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    It would seem to me you can have your Beretta in Ohio and OC it. The statue I'm looking at only prevents someone in Ohio from selling or furnishing a handgun to someone under 21. Would seem to me if he legally obtained in another state he would be legal to have it in Ohio, unless someone can find a statue stating otherwise.

    2923.21
    (A) No person shall do any of the following:

    (1) Sell any firearm to a person who is under eighteen years of age;

    (2) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;

    (3) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, 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;

    (4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

    (6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

    (7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

    (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.

    (C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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