Semi automatic firearms illegal in Ohio

[pontaicgto69]

On January 25, 2008 an Appelatte court in Ohio ruled that if you own a semi automatic firearm that was capable of accepting a magazine of over 31 rounds is unlawfull to own, regardless if you load it or not. This case all started with a Sheriff removing several firearms from a persons residence do to the amount of weapons owned. It was later determined in a replevin action to have the weapons returned that two of the firearms that could except a high capacity magazine were illegal to possess. Oh by the way this is the first case in Ohio history that deals with this issue.

 

[par0thead151]

uhmmm
ar's and ak's can accept drums which hold more than 30 rounds...
however it is a drum not a magazine. so we are in the clear

 

[EricTheBarbarian]

link?

 

[Durruti]

Haven't heard of the case and this sounds more than a little alarmist, but here's the relevant code:

2923.11
(E) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. “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.

It goes on to say that automatic firearms are "dangerous ordnance" and so you need special permission (NFA registration counts) to have them.

 

[jerkin]

Just looked over on buckeye firearms and didn't see anything about it. 1st post, might be a troll.

 

[highorder]

this is a non issue that has been discussed before. dont feed the trolls.

 

[BattleChimp Potemkin]

Troll: Ive seen this kicked around. Im a real newbie to the intraweb. What is this?

Post: Yeha, everyone seems to read something and print it incorrectly, causing all sorts of ruckus. Didnt you hear the disclaimer before you heard of the Martian canisters were coming?

 

[Henry Bowman]

The case is real. I just looked it up.

2008 Ohio 243; 2008 Ohio App. LEXIS 221
Ronald Slough, Appellant v. Lucas County Sheriff, Appellee
Court of Appeals No. L-07-1155
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY
January 25, 2008, Decided

The case is not a criminal case. It relates to a deputy who was fired after an investigation into a "domestic matter" revealed several firearms, which were taken for "safekeeping." He filed a complaint to have them returned. The sheriff refused to return a MAK-90 Sporter, a 75-round drum mag for it, an Intratec AB-10, and a 50-round box mag for it, claiming they were illegal. He was then indicted on two felony counts under ORC 2923.17(A). The evidence was suppressed and the charges dismissed. However, he was fired for having violated the statute. This case is about whether evidence obtained in violation of the 4th Amendment can be considered in a civil employment case. The court said it can. The court also distinguished two cases which had held that an unattached >31 round mag did not violate the law. This court said that because this was not a criminal case and the standard of proof was not "beyond a reasonable doubt," to justify his removal from employment. The fact that he possessed both which could be assembled together to make a "dangerous ordnance" was sufficient to warrant his removal on the basis that he engaged in conduct unbecoming a sheriff's deputy.

 

[BattleChimp Potemkin]

The case is real but the initial post's interpretation was wrong, i guess...I lived in Toledo (close to Lucas) before college and they have a high capacity and saturday night special ban there. They even had a point system for the pistols sold to determine if it was legal (always fun to look at it now and determine if my guns are illegal there, thank god for moving to Indiana).

 

[pontaicgto69]

I understand that it is a admin. case however the over all ruling is that the deputy was terminated for being in possession of illegal weapons not because the employer didnt like them making it case law for future criminal and civil cases. Nor was this a city violation it was a state law violation.

 

[Henry Bowman]

It does not overrule the precedent to the contrary, it distinguished the situation. Don't get me wrong, it is a bad thing, and I doubt the Ohio Sup. Ct. will reverse it.

 

[Deanimator]

I lived in Toledo (close to Lucas) before college and they have a high capacity and saturday night special ban there. They even had a point system for the pistols sold to determine if it was legal (always fun to look at it now and determine if my guns are illegal there, thank god for moving to Indiana).

All of that is preempted by HB347 and therefore invalid.

 

[Ragnar Danneskjold]

Troll: Ive seen this kicked around. Im a real newbie to the intraweb. What is this?

"An Internet troll, or simply troll in Internet slang, is someone who posts controversial and usually irrelevant or off-topic messages in an online community, such as an online discussion forum, with the intention of baiting other users into an emotional response, or to generally disrupt normal on-topic discussion."

 

[Tyris]

2923.11
(E) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. “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.

This is like legally defining milk to be motor oil, and then banning its use as food.

Ohio Law makers -> Dumb as dirt.

-T

 

[damien]

“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.

All Glock 9mms can accept the factory Glock 33 round magazines. Are Glock 9mm pistols banned in Ohio?

 

[rtroha]

Here's the actual decision:

http://www.co.lucas.oh.us/Appeals/DecisionsPDF/3526.pdf

 

[kurtmax]

I should mod a Mosin-Nagant to have a 40 rnd magazine. It wouldn't be illegal in Ohio.... but ALMOST

 

[GlowinPontiac]

Is full auto legal there? if so do the beltfeds have to use 30rd belts to stay within the law?

 

[Eightball]

Not that I live in ohio.....but, does this ban semi-auto firearms that have had 31+ round mags made for them, or ban the ownership of 31+ capacity mags+the firearm in question at the same time?

Otherwise, that bans all Glocks, 1911s, any other pistol which some dingus made a 50 rounder for, and all STANAG-accepting firearms due to Beta-Cs, etc.

Not that I'm in OH, just curious.

 

[hksw]

The Ohio code allows possession of magazines over 30 rounds, it allows magazines with capacities over 30 rounds to be fully loaded over 30 rounds, it allows possession of guns capable of accepting magazines with capacities over 30 rounds. It describes that it is illegal to have a magazine with a capacity over 30 rounds loaded with more than 30 rounds inserted into or part of a firearm.

It has been discussed at length at some belt fed gun cites that (with regards to the wording of the codes) it is OK to load belts with no more than 30 rounds.

 

[armoredman]

That's insane. Thank the Good Lord Above I live in Free AZ.

 

[Henry Bowman]

Is full auto legal there?

Yes.

if so do the beltfeds have to use 30rd belts to stay within the law?

No. An NFA-registerd full auto would not be affected by the silly law that defines a "semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading [except for .22]" as full auto.

With this one exception, and Ohio's paranoia over CCW, Ohio's gun laws are really quite unrestrictive.

 

[geekWithA.45]

and Ohio's paranoia over CCW

You can say that again!

I was in Ohio last month, and I was appalled at how thoroughly every single place I entered was "posted".

I've never seen anything like that, in any of my travels!