Unregistered weapons?

[zeitgeist57]

Heard a story of a break-in this week nearby. Can't sleep, this one's got me thinking...

 

If a person has their CCW, and owns a handgun that's NOT registered in their name, is there any legal issues to the homeowner/resident if the gun is used in a home break-in or self-defense scenario?

[STEVE-O]

it is registered if you bought it form a store but in Ohio if you bought it through say private sale it's not registered and it's 100% legal also you don't need a ccw or anything at all as long as you are of age to own a gun and have it in your house Edited December 1, 2016 by STEVE-O

[Coaster]

Heard a story of a break-in this week nearby. Can't sleep, this one's got me thinking...

 

If a person has their CCW, and owns a handgun that's NOT registered in their name, is there any legal issues to the homeowner/resident if the gun is used in a home break-in or self-defense scenario?

 

There is no gun registration in Ohio.

 

You see it in the movies and TV all the time because a couple of the more communist states do it and it usually makes the plot easier.

[Dammit Charlie]

What Coaster said.

[BStowers023]

Shoot that Mother F*cker

[Mojoe]

I misunderstood what you were asking, Clay. David seems to hit it pretty good, read his post below. Under this is just useful info.

 

The “home invasion” or “castle doctrine” provision. This section acknowledges that a person who forcefully enters your home is not there to trade recipes and recognizes that, if discovered, the criminal is likely to attack you. Use of force to commit the crime is the key provision; you are not justified in using force on someone you invited in, someone who wandered into your house accidentally, or someone walking across your lawn.

 

 

 

Sec. 2305.63. (A)(1) A person is justified in the use of

 

defensive force against another that is intended or likely to

 

cause death or serious physical harm to the other person and does

 

not have a duty to retreat if the person using the defensive force

 

holds a reasonable fear of imminent peril of death or serious

 

physical bodily harm to the person's self or a third person.

 

Like everyone has said, there is not gun registration in Ohio. If there is a threat in a home or out of the home, you can use the means necessary to be safe. Whether it's a bat, knife, chair or gun. You just can't use excessive force or pursue if the threat deescalates. You just can not be carrying concealed without a valid CHL. In the home, everything is pretty much fair game in defending yourself.

 

Collective helpful insight:

https://ohioccw.org/200603283568/stand-your-ground-in-ohio.html

https://en.wikipedia.org/wiki/Castle_doctrine

http://www.cleveland.com/akron/index.ssf/2015/08/when_does_ohio_law_allow_resid.html

Edited December 1, 2016 by Mojoe

[Dharris89]

Clay, Was the handgun stolen in the burglary and you friend is worried about it being traced back to him in future crimes? Or does your friend have a gun he bought from a private seller and is worried about needing to use it?

 

For option 1, it would depend on where the gun was sold originally. From what I have read it takes and average of something like 15 years from when a gun is originally sold to when it is recovered in a crime. So whoever the original owner was may get a call and if your friend reported it, he may get a call. But either way if some POS stole your friends gun the criminal is to blame not your friend.

 

For option 2, if he needs to use it for self defense it would be a good idea to know where or who he purchased it from. Just in case it may be tied to other crimes in the past, knowing how to backtrack it is a good thing. But like others have said, there is no registry in Ohio. The gun could have changed hands 20 times before your friend all through legal private sales. As long as he is legally allowed to own it, I wouldn't worry about it. There is a good book out by Alan Korwin called After You Shoot. I highly recommend it for anyone thinking of using a gun in self defense. Read it twice. Good luck

[Trouble Maker]

...or someone walking across your lawn.

 

But how else am I going to teach those damn kids to get off of my lawn.

 

[Mojoe]

^^ I knew someone would like that part.

[Trouble Maker]

So, on this note. Some coworkers took a CHL class a few weekends ago and said their instructor said this and it seemed strange to both them and me.

 

If you are in a car you own, Castle Doctrine applies. But if you are in a car you don't own, it doesn't. In other words, I'm driving my car, someone tries to car jack me; I can defend. But if I'm driving my friends car and someone tries to car jack me; I have to 'retreat' if reasonable possible e.g. try to drive away first. Any thoughts, Joe?

[Dammit Charlie]

So, on this note. Some coworkers took a CHL class a few weekends ago and said their instructor said this and it seemed strange to both them and me.

 

If you are in a car you own, Castle Doctrine applies. But if you are in a car you don't own, it doesn't. In other words, I'm driving my car, someone tries to car jack me; I can defend. But if I'm driving my friends car and someone tries to car jack me; I have to 'retreat' if reasonable possible e.g. try to drive away first. Any thoughts, Joe?

 

I read something to this effect last week, I checked the law booklet published on the Ohio Attorney Generals site-

 

"ORC 2901.05 sets forth the rebuttable presumption.

ORC 2901.09(B) establishes that there is no duty to retreat before using force if a person is lawfully within their residence, vehicle, or a vehicle owned by an immediate family member"

 

Friends don't let other friends not carry.

[zeitgeist57]

Clay, Was the handgun stolen in the burglary and you friend is worried about it being traced back to him in future crimes? Or does your friend have a gun he bought from a private seller and is worried about needing to use it?

 

No, no...I'm just thinking of a situation where someone has a legally purchased firearm and is defending themselves in their home.

 

Thanks for the comments, everyone!

[Dharris89]

Clay, As a follow up, your friend may want to consider some options in case they return. If they got a good haul the first time, there is a chance they will return. Maybe install a security system or add exterior lighting to discourage any future bad guys.

[TTQ B4U]

Heard a story of a break-in this week nearby. Can't sleep, this one's got me thinking...

 

If a person has their CCW, and owns a handgun that's NOT registered in their name, is there any legal issues to the homeowner/resident if the gun is used in a home break-in or self-defense scenario?

 

The house across the street from us got hit two weeks ago. 7:30'ish at night too. Kicked int he back door but ran after they saw the family's two young kids inside. Yes....family was home but the father left in the van thus perhaps they were being cased and thought the family left.

 

Now they leave their lights on outside and keep the place overall well lit. Funny thing is we have told them they really need to at least leave a porch light on but they never have.

[Not Brian]

If you watch somebody walk in and grab your TV you have until they reach your front door to blast them.

[TTQ B4U]

If you watch somebody walk in and grab your TV you have until they reach your front door to blast them.

 

what?

 

if they kick in my door of course I'm going to let them make it across the threshold but I doubt they'd make it to the TV.

[Not Brian]

I'm saying once they're out the door and not a threat anymore you can't do shit even if they have your TV in their hands so better blast em quick

[Hwilli1647545487]

what?

 

if they kick in my door of course I'm going to let them make it across the threshold but I doubt they'd make it to the TV.

 

Are you armed while sitting and watching television?

[TTQ B4U]

Are you armed while sitting and watching television?

 

I won't share such details. :ninja:

[acklac7]

Are you armed while sitting and watching television?

 

Most likely.

 

He Arms himself when walking the Dogs around the block, in Dublin :dumb:

[Dharris89]

:if they kick in my door of course I'm going to let them make it across the threshold but I doubt they'd make it to the TV.

 

I know there is a level of humor in this but I keep a defensive tool in case I have to defend my family. Bad guys can have my TV. Call the police and secure your family. Be prepared and ready to defend yourself if you have to but don't go looking for the BG. Chances are they are not alone and if drugs are involved, it's already a losing situation.

 

He Arms himself when walking the Dogs around the block, in Dublin :dumb:

 

What's wrong with that? BG's don't announce themselves or wear special shirts. The father who was killed in front of his children at a restaurant off Sawmill a few years ago probably thought he was in a "safe" area too. Most of the trainers I have spoken to or studied believe in POGO (pants on gun on). Be aware so you don't unnecessarily break the law but if you have made the decision and conclusion to carry a gun, do it.

[TTQ B4U]

I know there is a level of humor in this but I keep a defensive tool in case I have to defend my family. Bad guys can have my TV. Call the police and secure your family. Be prepared and ready to defend yourself if you have to but don't go looking for the BG. Chances are they are not alone and if drugs are involved, it's already a losing situation.

 

There is. It's CR and we need humor. I'm with you though, yes the family is key. I've worked with Joe and another very good expert to help secure a plan for my home and yes, we do take it seriously as the wife and I were burglarized back in the early 90's when we lived in an apartment and were home. Back then it was just me with little training and a loaded 12 gauge.

 

What's wrong with that? BG's don't announce themselves or wear special shirts. The father who was killed in front of his children at a restaurant off Sawmill a few years ago probably thought he was in a "safe" area too. Most of the trainers I have spoken to or studied believe in POGO (pants on gun on). Be aware so you don't unnecessarily break the law but if you have made the decision and conclusion to carry a gun, do it.

Agree. In our home, I'm within very close proximity to access no matter where I'm at. I just leave it at that. Doesn't matter where you live, a plan is necessary. Again, Joe and others have be instrumental in insuring training, confidence and planning has been covered as best possible. Not to be a Joe commercial but the guy is solid and someone I highly recommend.

[Dharris89]

Tim, I'm not quoting everything but I agree. I've had Joe and Howard's training along with others and they are great. If I carry my whole life and never have to use it, I will be happy. But the one instance where I need it, I want it available.

 

About 15 years ago I was in a house with a big back yard and a patio. One night I saw someone sneaking around my back yard. I grabbed my fly swatter and went charging out. It was my neighbor looking for his dog that had gotten out. He about shit his pants and I felt horrible. Looking back I realize how lucky we both were and how stupid I was. I know now what could have happened and I regret it. Now I don't give a damn about the stuff, as long as my family is safe.

 

On a side note I will probably see if you can work some magic on my hooptie next year before the trans am nationals. Thx

[Hwilli1647545487]

 

 

Good stuff

[zeitgeist57]

On a side note I will probably see if you can work some magic on my hooptie next year before the trans am nationals. Thx

 

That. Would. Be. Awesome. Love your Bird.

 

I need Tim to do the Lincoln once it gets out of storage...