Just to clarify Ohio Law

[FIVETWOSEVEN]

Is it illegal to own a handgun under 21 in ohio? I plan on visiting a friend there in a few months and want to know if its legal to pack my Hi Power.

 

[stickhauler]

I can't tell you for sure, but you sure can't buy one legally here.

 

[cambeul41]

Owning and "packing" are different things.

See this about packing.

http://www.ohioattorneygeneral.gov/...ealed-Carry-Publications/Concealed-Carry.aspx

 

[FIVETWOSEVEN]

I can't seem to find what I'm looking for, I don't have a CCW yet. I want to know if I can open carry or at least bring the pistol with me.

 

[Orlando]

It is illegal to own a handgun in Ohio if under 21

 

[il_10]

^ source?

IANAL, and this isn't actual law code, but
http://www.criminaldefenselawyer.com/gun-possession-use-laws/ohio.htm
suggests that you can possess a handgun under 21 in Ohio. In fact, according to that site, persons under 21 are able to obtain some sort of restricted CCW.

 

[snubbies]

Advice

Maybe the Forum should form a panel of member lawyers to address these legal questions as they come up. I spent 10 years in legal research and if I learned anything it is to backup your position with solid case law. There is a danger as in the Pennsylvania issue raised on firing in the air you can get bad advice. The best advice is to seek professional advice.

 

[CAS700850]

I am a lawyer in Ohio, and was a prosecutor for 12 years. There are no prohibitions in the Ohio Revised Code for a minor possessing a firearm. However, there may be local/city ordnances prohibiting possession of handguns by persons under 21. There are provisions prohibiting the sale to a minor, or purchase by a minor, but not possession.

 

[snubbies]

Advice

Chris makes my point, a definitive answer. The answer would need to take the next step to research local ordinances. It would require search of municipal & State court decisions to determine application of the laws as they apply.

 

[NavyLCDR]

It is illegal to own a handgun in Ohio if under 21

There is no statute in Ohio making it illegal to own or possess a handgun in Ohio for persons 18 to 21 years old, therefore it is legal.

Unlicensed open carry, outside a vehicle, is legal in the state of Ohio. However, HB-12 when enacted, only provided state preemption for the licensed carry of a concealed handgun. Preemption means that local governments cannot restrict firearms possession/carry more than state law does. However, since HB-12 only preempts licensed concealed carry, local governments can still restrict unlicensed open carry.

Also, in Ohio the law requires a person without a license to transport a handgun in a vehicle unloaded, and either in a closed package, box or case or in a compartment requiring the person to exit the vehicle to be accessed. Also, in order to be considered unloaded, in Ohio, there can be no magazines present in the vehicle with rounds in them for the gun also in the vehicle.

So.... given all that, I think you have two choices: 1. leave the gun at home. 2. If you are going to take the gun, I would keep the gun, unloaded magazines, and ammo either locked in the trunk or in a locked case. I know the law does not require locking (it requires "closed"), but I would lock it anyway - thus keeping curious law enforcement officers from the ability to open the case/trunk without the specific action of you unlocking it - which you would never do during a LEO encounter.

For reference here is the applicable OHIO code (specifically 2923.16 for vehicles):

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

and HB-12:

http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_12

 

[snubbies]

Advice

There is still a slight gap, local restrictions. Best advice still is see a PRO!!!

 

[rtroha]

At least for the next four months or so, Ohio still has state preemption (Ohio Revised Code 9.68) and local laws governing gun possession are not in effect.

There is a possibility that state preemption could be overturned if the Ohio Supreme Court finds in favor of Cleveland in the City of Cleveland vs. State of Ohio case now before the court. Oral arguments are scheduled for October 12 and we should see a decision by the end of the year.

 

[NavyLCDR]

Aha.... so there it is!

http://codes.ohio.gov/orc/gp9.68

So, according to state preemption, it would appear as if the OP would have no VALID reason to not open carry, outside a vehicle, in Ohio. City/county ordinances that may be on the books are not enforceable, according to state law. That doesn't mean that overzealous, uninformed, untrained police officers may not arrest him.

Here's the statute quoted:

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

(C) As used in this section:

(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person’s person or concealed ready at hand, of firearms, their components, or their ammunition.

(2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code.

(D) This section does not apply to either of the following:

(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.

The only "loophole" that I see for a local prohibition on open carrying is the fact that "carrying" is not included in the bold portion above in the statue, even though carrying is included in the sentence before the bold part and in (C)(1).

 

[bsctov]

This is one very confusing area of the law and it has been discussed before. I am NOT a lawyer, however this is my personal understanding of the law.

In Ohio, There is nothing in the ORC that says a 18 year old may not possess a handgun, HOWEVER....

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;

(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;


The above law, makes it impossible for a person under 21 to legally come to possess a handgun. So "technically" it's not against the law for someone under 21 but over 18 to "Possess" a handgun, but whoever GIVES it to you is in DEEP doo-doo...

 

[CapnMac]

Now, that's interesting. Does the preemption allow a non-Ohioan the same protection as is so evidently given to state residents?

Since the OP is wanting to bring his legal-in-NH arm, there should be no "furnishing" issues, but the carry part would be dicey. But, so would complying with NY & PA laws along the way (presuming one can cut through VT rather than down through MA).

Despite the FOPA, one has to wonder about having to stop on the PA/OH border and remove ammo from magazines.

 

[NavyLCDR]

The above law, makes it impossible for a person under 21 to legally come to possess a handgun.

There are many scenarios where an 18 to 21 year old could legally obtain a handgun in another state and bring that handgun into Ohio, thus legally both obtaining that handgun and possessing that handgun in Ohio.