Project Appleseed

Your Appleseed State Board => Ohio => Topic started by: ak47sharpshooter on August 22, 2011, 10:08:45 AM

Title: Ohio Handgun Possession and Transportation
Post by: ak47sharpshooter on August 22, 2011, 10:08:45 AM
Alright I have a question, that I can't seem to find a definite answer to:

I am 20 years old. Am I legally allowed to POSSESS (not carry, concealed or open, or own, or sell) a handgun, and therefore, transport it legally (locked up, ammo separated, etc) in the state of Ohio?

I'd like any input/direction you can provide.
Title: Re: Ohio Handgun Possession and Transportation
Post by: MeanStreaker on August 22, 2011, 10:46:22 AM
I'm not 100% positive on this, so I'd recommend going to the Ohioans For Concealed Carry forums at www.OhioCCWForums.org and asking the collective wisdom there.  And of course, it's always best to consult a lawyer to be sure.

With that being said, it's my understanding that someone under the age of 21 can only possess a handgun if they are under the supervision of a qualified adult, and then only for qualified reasons.

Ohio Revised Code Section 2923.21 (http://codes.ohio.gov/orc/2923.21)A says (with my bold emphasis):

Quote
(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;


Definitely something stupid we have to fix.
Title: Re: Ohio Handgun Possession and Transportation
Post by: ak47sharpshooter on August 22, 2011, 10:48:13 AM
Ah...I see. And agreed, it does need fixed, as do a lot of other CCW-related issues.

Thanks, though, for the info. I will try a post on Ohioans for Concealed Carry.
Title: Re: Ohio Handgun Possession and Transportation
Post by: ak47sharpshooter on August 22, 2011, 11:34:38 AM
I may possibly found my answer. Federal law provides no regulations on POSSESSION of handguns under the age of 18, leaving the any further restriction up to the states. Ohio provides no minimum age for, again, the POSSESSION of firearms, therefore, due to federal law, the minimum age for POSSESSION of a handgun would be the age of 18.

Furthermore, the regulations on carrying a weapon in a vehicle, or open for that matter, apply to those who are legally allowed to possess a firearm.

Does this make sense, or am I assuming too much?

Source: http://www.lcav.org/states/ohio.asp#MinimumAgePurchasePossess
Title: Re: Ohio Handgun Possession and Transportation
Post by: sparks1 on August 22, 2011, 01:38:32 PM
Does your state have an online "office of revisor"? (Mn. Does)  There one can check any state law on the books.

Or call the Attorney Generals office for info. Have them mail a reply.for record. They work for you!!!!!

Better than trying to interpret the law yourself.
Title: Re: Ohio Handgun Possession and Transportation
Post by: Ratchett on August 22, 2011, 02:42:00 PM
AK47,

I believe it might be best to check with an attorney who deals with firearms laws. I can only go from my experiences with a son who was under 21 a few years back. He was not allowed to handle hand guns in a store unless accompanied by an adult, usually parent. I was told he could not transport a handgun cased or uncased in the vehicle unless accompanied by an adult over 21. He definitely could not purchase in a gun store until he was 21. I do not know about private sales--guessing it would not be a legal sale.

As far as doing any pistol instruction for clubs such as 4-H etc, the parents have to sign an awareness/permission slip before a youth under 21 can handle a pistol.

ratchett
Title: Re: Ohio Handgun Possession and Transportation
Post by: para45acp on August 23, 2011, 11:51:52 AM
Meanstreaker is correct, and the law does need fixed. The only provision in Ohio's law that allows someone under the age of 21 to be in possession of a handgun is for law enforcement, or thanks to HB 450 active military personnel (SEC. 2923.211 of the ORC). That was one I made it to the state house for on multiple occasions. It is my understanding (and I am not a lawyer) that anyone under the age of 21 in Ohio unless active military or an LEO cannot be in possession of a handgun unless under the direct supervision of an "adult".

I would be interested to see how Ohio's judicial system would react to someone under the age of 21 defending themselves with a firearm in their own home with a handgun, with no adult family member present...and whether they would attempt to prosecute any "responsible adult" in the household for allowing an "unauthorized" individual access to their handgun?
Title: Re: Ohio Handgun Possession and Transportation
Post by: Dougum on August 23, 2011, 07:40:01 PM
Agreed on the prosecution. I think it would be interesting to see what would happen. Also agreed on seeing a lawyer. I also believe that the laws need changed however we are appleseeders here people. let band together and get something done. PM me please,

Doug
Quote from: para45acp on August 23, 2011, 11:51:52 AM
Meanstreaker is correct, and the law does need fixed. The only provision in Ohio's law that allows someone under the age of 21 to be in possession of a handgun is for law enforcement, or thanks to HB 450 active military personnel (SEC. 2923.211 of the ORC). That was one I made it to the state house for on multiple occasions. It is my understanding (and I am not a lawyer) that anyone under the age of 21 in Ohio unless active military or an LEO cannot be in possession of a handgun unless under the direct supervision of an "adult".

I would be interested to see how Ohio's judicial system would react to someone under the age of 21 defending themselves with a firearm in their own home with a handgun, with no adult family member present...and whether they would attempt to prosecute any "responsible adult" in the household for allowing an "unauthorized" individual access to their handgun?
Title: Re: Ohio Handgun Possession and Transportation
Post by: Ratchett on August 23, 2011, 08:44:27 PM
Ok everyone,

I believe AK has been given much information and suggestions on where to look/ find answers. I am going to lock this topic before it turns into something not Appleseed.

SOM/SOM ;)
Ratchett