Question about Handgun Posession in Ohio

[Black92LX]

Minimum Age to Purchase/Posses

No person under 18 years of age shall purchase or attempt to purchase a firearm, and no person under 21 years of age shall purchase or attempt to purchase a handgun (excepting trained law enforcement officers). Ohio Rev. Code 2923.21.1(A), (B).

This is what the Ohio Revised code says. So my question is am i allowed to be willed a handgun, or a handgun given to me as a gift?

Can I have possession of a handgun if no one 21 is with me and i am doing nothing illegal???

Just some questions i have been curious about.

Jeremy

 

[falconer]

The ORC also says that someone under the age of 21 in possesion of a handgun must be under the supervision of an adult.

The real important question is, what is the proper definition of adult? I always assumed it meant someone over 18. That said, I feel that I did a good job of supervising myself with my hanguns until I turned 21

 

[Black92LX]

ahh Ohio State. So are you gearing up for classes to get started soon.

Hmmm, is there a way to find out the exact age that the State of Ohio considers to be an Adult.

 

[falconer]

The ORC is available online in a searchable format. I'd read the entire firearms section and check the definitions there, then move on to the ORC general definitions.

 

[Black92LX]

ok so here is what i found. From the Ohio Revised Code

§ 2923.21 Improperly furnishing firearms to a minor. -- Prior to 7-1-96
(3) Furnish any firearm to a person who is under eighteen years of age or 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.

§ 1337.11 Definitions
(A) "Adult" means a person who is eighteen years of age or older

so could i be considered the responsible adult, since the definaition of adult is Eighteen years or older?

 

[Greg L]

so could i be considered the responsible adult

Well, at least the adult part .

 

[Henry Bowman]

Sorry Black, you're screwed.

Section 2923.21 says that it is a felony for me to transfer a handgun to you (except for supervised training). Section 2923.211 says that it is a felony for you to purchase or attempt to purchase a handgun. Only loophole I see is inheritance (where transferor is dead).

Does this stink? Yes. Is this an outrage? Yes. Is this unconstitutional? Yes. So is the ban on CCW. So is Cincinnati's (totally ignored) ban/registration of all semi-autos. We have a long way to go to restore freedom in Ohio.

Indiana is looking better all the time.

 

[Black92LX]

but you are leaving out a section of 2923.21 (it's not just training, and why can't i be the supervising adult?)

2923.21
No person shall do any of the following.
Furnish any firearm to a person who is under eighteen years of age or 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.

Under the supervision of a responible ADULT

Section 1337.11
"Adult" means a person who is eightenn years of age or older.

So why couldn't i be under the supervision and control of myself.

acording to 1337.11 I being 20 years of age am an adult.

 

[Henry Bowman]

Don't shoot me. I'm just the piano player.

-- I am a lawyer, but I don't play one on the Internet. --

2923.21.1 Only says you cannot buy or attempt to buy a handgun. It does not prohibit possession. -- However, if caught by an LEO in possession, expect hassle unless clearly hunting or at a range. Especially if CCW, even in Hamilton County. --

2923.21 Does not prohibit your possession of a handgun, only my selling or furnishing it to you (with exceptions). This law was passed in 1974 and the Committee Comment includes the statement: "This does not necessarily require the actual presence of an adult, but does require that an adult exercise a reasonable amount of control to insure safety."

Does this help? No. Do I find it insulting that the law implies that an 18, 19, or 20 year old is not an adult (legally or otherwise)? Yes. I am not so old that I can't remember being there.

Setting aside supervising yourself, it seems that a literal reading of the law is that an 18 year old could legally furnish a handgun to a 20 year old and supervise (even though not actually present) its use.

Remember though, you are not the one at risk of violating the statute, the furnisher is. You cannot purchase the handgun. How did you get it? The furnisher has to be the supervisor for the furnisher not to be in trouble. Did you furnish it to yourself? Where did you get it? Herein lies the problem. :banghead:

So if you find a handgun on the street (Sarah Brady says that the streets are flooded with them), you are good to go. Until then, it's the chicken and egg thing, unless the "furnisher" is the "supervisor."

 

[Black92LX]

i figured that was the case. but i like to look for a light at the end of the tunnel till someone comes and snuffs it out.

Just kidding. you gonna be able to go to the gun show on the 20th??

 

[Henry Bowman]

Unlikely. I'm working six (long) days a week for the rest of the year.