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Ohio: rifles with magazine capacity > 31 rounds

Discussion in 'Legal' started by braindead0, Apr 27, 2004.

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  1. braindead0

    braindead0 Member

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    ORC 2921.11 E states
    From what I can tell, this is only ever used in a 'specification' that a grand jury can tack on to charges (2941.144). Many people out here seem to think that this definition means that any semi-auto firearm with a magazine of greater than 31rounds is an automatic weapon and subject to NFA rules.

    A friend here just pointed out that this 'belief' is B.S.. Yes, if you commit a crime using a AK with a 75rd drum they'll probably tack this specification on (forcing 6 year mandatory sentance).. big deal, you just robbed a bank, killed somebody, whatever.

    Anybody know otherwise?
     
  2. armoredman

    armoredman Member

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    Anything that will accept a super hi cap mag - AK, AR, any gun that Beta mags are made for, any gun that anyone ever made a super hi cap mag - 1911 shooter, remember the experimental 33 round mag Col Cooper made? There you go. Catch all ban all law.
     
  3. braindead0

    braindead0 Member

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    Yup, the thing is that automatic weapons aren't illegal here. Fact is the only time the term shows up outside of definitions is in that specification section... So if you're a criminal, do it with a .22 and you'll not have to deal with the 6year mandatory ;-)
     
  4. carpettbaggerr

    carpettbaggerr Member

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    Seem to recall OH classifies semiautos with more than 30 round mags as destructive devices. Check the code, cause I'm going to sleep. :cool:
     
  5. artherd

    artherd member

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    'designed'?

    So, simply by virtue of existance of (factory!) 33 round mags for my Glock 34, I can go to jail?

    Great, they just banned all guns.
     
  6. braindead0

    braindead0 Member

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    I'm pretty sure that's not the case. The only reference to 'destructive devices' is:

    Note that (E)(3)(d)(i) referenced is in the same paragraph, ie: you can't have the stuff to assemble a bomb, incendiary, grenade, etc. So in addition to this definition, they allow U.S.C. to specifically exempt items.
     
  7. braindead0

    braindead0 Member

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    Like I said, reading the law.. the only law related to automatic weapons in the O.R.C. is a specification that grand juries can tack on to charges. So no, you can have a 500 round wheelbarrow attachment and they can't touch you. Now if you use your G34 in a crime, you would probably get the specification.

    In other words, from what I can tell, this can be totally ignored...
     
  8. ctdonath

    ctdonath Member

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    As quoted in the first post, the law explicitly refers to SEMI-auto.
     
  9. braindead0

    braindead0 Member

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    O.R.C. simply defines Automatic Weapons as including semi-auto firearms wtih the capability of firing more than 31rounds without reloading.

    What needs to be kept in mind is that nowhere in the O.R.C. are automatic weapons illegal. Nor does the definition in the O.R.C. apply in any way to the U.S.C.

    From what I can tell this was done to simply allow application of the 'automatic weapon' specification when a grand jury puts together an indictment against someone. Nothing more.
     
  10. Atticus

    Atticus Member

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    I'm not a lawyer, and I haven't asked a lawyer about this...but I've always understood it to mean that a semi-auto is a semi-auto- unless- you are in posession of both, the firearm AND a magazine/drum with a capacity of more than 30 rounds- then it is legally regarded by Ohio as full auto. This is similar to federal regs in regard to the possession of semi-auto rifles and the fire control parts required to convert them to full auto. Even un-assembled, the Feds consider it a violation. Makes no sense- but I THINK that is the intent of the law. Technically, an AR15 with a Beta C Mag, is considered to be a fully automatic weapon in Ohio.

    "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges. "
     
  11. M1911Owner

    M1911Owner Member

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    "And "white" is defined to include that color commonly known as "black."" :barf: :banghead:
     
  12. brownie0486

    brownie0486 Member

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    I have a 70 rd beta mag for the m1a/m14 that is made from a ww2 german machine gun [ mg42 ] on order. There are very few allowed to be transferred, all are prebans and have been converted before the ban to take a tower for the m14 which also has to be a preban to be lawful.

    You can also get these for HK91 types [ the towers ]

    The mag is 2100.00 and the towers are 350.00 each, I have one on order and another as a spare. $2500.00 for the pkg. delivered out of Texas.

    No class 3 necessary to purchase, but if it's caught on a semi auto post ban, you are going to do some time.

    Mine was purchased for the preban bush rifle and will have a Vortex flash hider on it which shortens the rifle another 2 1/2 inches over the standard FS. The rifle is 4 inches shorter than a standard m1a/m14 in bush config, take another 2 1/2 " off for the Vortex, add the M4 stock with adjustable length of pull and the pistol grip which I had custom made and camo-ed and the whole pkg sits at just a few inches over a car-15 shorty but in 308.

    It will weigh too much to hold it for long, but the bipod and from prone will keep everyones heads down for a good long time and can be a good suppressive fire weapon if the S ever HTF.

    With the custom M-4 stock off the m16 with pistol grip and the shorter rifle it's almost a one of a kind. Nothing illegal about it and it will certainly get a lot of attention when it's put together and on the line.

    Instructions, manual of arms, mag key winder are all included with the pkg.

    Glad I don't live in Ohio.

    Brownie
     
  13. braindead0

    braindead0 Member

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    What people fail to think about is this, pretty simple. Ohio may regard something as "automatic", but they cannot apply that definition to the U.S.C.. No Ohio law (that I can find) makes "automatic" weapons illegal.

    Legal definitions only apply to the specific sections of code that they apply to, you cannot take the definitions from one section of code and simply apply them to another.
     
  14. telewinz

    telewinz Member

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    About 10 years ago (+/-) an Ohio cop told me anything over 30 rounds was iellegal.
     
  15. braindead0

    braindead0 Member

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    If anybody says that, ask them under what section of the code.

    I'll repeat it, the only references to automatic firearm in the ORC are the definition (that covers semi-auto firearms with >31 round capacity) and the specification. Specifications only apply to grand jury indictments, ie: there is no law making 'automatic firearms' illegal in Ohio, that I can find. If that was the case, all my Class III buddies wouldn't be here.

    As best I can tell this is an urban legend, kinda like guns cause crime.
     
  16. HBK

    HBK member

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    I thought magazines over 30 rounds were guaranteed to jam anyways? IS this true more often than not?
     
  17. SodiumBenzoate

    SodiumBenzoate Member

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    From what I gather, that is only true with aftermarket magazines.
     
  18. Nikon777

    Nikon777 Member

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    so can I use the factory 33 round mags in my Glock 19 or not? :confused::eek:
     
  19. evan price

    evan price Member

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    I don't know where you got that ORC cite.

    2921.11 (E) deals with perjury, not what you are saying it does.

    You are referencing 2923.11(E) which is the "Weapons Control Definitions" under ORC.

    Ohio law states that the weapon needs to be capable of firing more than 31 rounds without reloading. So as long as you do not have a 32-round or larger mag inserted you are fine. There has been great debate over what a 31-round magazine with a round in the chmaber already constitutes- by the law, it makes an automatic weapon.

    A deputy sheriff was recently terminated because he was in possession of high-capacity magazines (iirc it was an AK drum).

    The law's intent is not to ban guns, it was to limit extremely large capacity magazines. It's a silly law, but one we are working on correcting.
     
  20. nksmfamjp

    nksmfamjp Member

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    "About 10 years ago (+/-) an Ohio cop told me anything over 30 rounds was iellegal."

    That is why he is a cop and not a lawyer.
     
  21. hksw

    hksw Member

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    ep, please note that the original post was started 4 years ago. I am sure the OP mis-typed.
     
  22. braindead0

    braindead0 Member

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    Who knows, they may have renumbered. Certainly possible that I mistyped though.

    I haven't re-read the law recently, but unless things change this is just a specification that can be tacked on to another crime. AFAIK you cannot be busted for having a semi-auto weapon with 32+ round magazines. If you break certain laws it can be tacked on.
     
  23. rtroha

    rtroha Member

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    ORC 2923.11 further below says:

    Then see:

     
  24. braindead0

    braindead0 Member

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    Must have been different 4 years ago. I believe that several areas were affected by the new (at the time) CCW law.

    I stand corrected.
     
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