School Me

[RangerTurbo]

So what are the laws as far as hand guns go and not being 21?

I was always under the impression you HAD TO BE 21 to own one.

 

...

 

It's a felony to my understandings, if anyone is to sell you a handgun while you're under the age of 21.

 

 

 

I'll reiterate.

 

Under 21? You're purchase MUST be from a non-dealer. You must be 18 or older. No back round check required, though you must know you can legally obtain one (as in you're not a Felon). There is nothing illegal or felonious (for the seller or buyer) about obtaining a hand gun before you're 21.

[verse]

 

 

I'll reiterate.

 

Under 21? You're purchase MUST be from a non-dealer. You must be 18 or older. No back round check required, though you must know you can legally obtain one (as in you're not a Felon). There is nothing illegal or felonious (for the seller or buyer) about obtaining a hand gun before you're 21.

 

 

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;

 

(5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age;

 

(6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age;

 

(7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age.

 

(B) Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

 

There it says unless it's for hunting, law enforcement, or educational purposes it's prohibited to sell a handgun to anyone who is under 21 years old. Your bad advice could land someone in jail.

 

Keep face palming yourself.

[RangerTurbo]

You clearly can not read the code. How vague must they write section 3 so you can understand it's legal. The "but not limited to" part of the description leaves if VERY open to interpretation of what one is buying the gun for. Besides the fact that you do not have any legal obligation to disclose what some one is buying the hand gun for. The rest of the code is in regards to straw purchasing and under age (under 18) selling/purchasing.

 

 

So buy the gun for "lawful hunting", "sporting", or "educational purposes". It's really very simple.

[verse]

Yes, but do you have the funds for a lawyer at 18+ in case someone wants to test your useage of the 'gray' area?

 

He wanted something for home defense, not carrying. A shotgun is extremely legal and lethal. By all means carry, once you turn 21, but I wouldn't want to be a test case if the occasion arose.

[RangerTurbo]

Wait now, I said nothing about carrying it.... which seems like why this is being debated. A hand gun serves just as well as a home defense fire arm. Probably not as good as a shotty, but will fill the niche of wanting a hand gun and a home defense firearm both in the same if that is what he is looking for.

[ohmr95b]

You clearly can not read the code. How vague must they write section 3 so you can understand it's legal. The "but not limited to" part of the description leaves if VERY open to interpretation of what one is buying the gun for. Besides the fact that you do not have any legal obligation to disclose what some one is buying the hand gun for. The rest of the code is in regards to straw purchasing and under age (under 18) selling/purchasing.

 

 

So buy the gun for "lawful hunting", "sporting", or "educational purposes". It's really very simple.

 

You are reading the code wrong. The section you are referring to [section (A)(3)] is saying this it is LEGAL to furnish a longun to someone under 18 or a pistol to someone under 21 for the purposes stated, put this has nothing to do with selling a firearm and must be done under the supervision of an adult.

 

It is illegal in the state of Ohio to buy a pistol from anyone, in any form, if you are under the age of 21. I believe that there are certain circumstances where you can possess a pistol under the age of 21, such as a gift, put that I am not sure of.

 

This is based on on a career police officer father, an Ohio practicing attorney, friends in law enforcement, and a six month trip through an OPOTA peace officers' academy. You also can find more information at http://www.nraila.org/statelawpdfs/OHSL.pdf

 

To the OP: Remington M870 or Mossberg 500/590 with 00 or 4 Buck. Get some range time and use full power ammo so you know what to expect, you'll be good to go. I have both if you would like to "try before you buy"

[RangerTurbo]

Either of you have a link to the current Ohio Revised Code? And/or a date of the posted one by Verse?

 

 

ETA: nevermind... I did find the most current, and it coincides with what Verse posted.

As Verse said, thats where reading the gray area becomes a problem.

 

Looks like though, unless someone was already in possession of a handgun (say moved from out of state, or inherited it, etc) at 18 , then acquiring a handgun "legally" at 18 would be based on a lawyers and courts interpretation of the law, and what any possible case law has to say on the subject. Law states nothing about already owning one so since it's not outlined as illegal, that is legal.

 

 

 

 

Sucks for you guys.... Utah doesn't have that problem

 

 

 

And for fucks sake, why can't law be written where every other line doesnt refer to another section. Just say "If you're under 21, you can not purchase a hand gun"... hell, it would save a lot of discussion.

 

 

 

 

As well, part of the confusion on my part is the following:

 

(B)(1) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

 

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.

 

© “Handgun” means any of the following:

 

(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;

 

Where as, reading this, a handgun is a firearm, but a firearm is then not a handgun. Kind of like saying a square is a rectangle, but a rectangle is not a square.

Edited September 10, 2009 by RangerTurbo