Originally posted by: Brian M
OK, so I know that in Ohio you need to be 21 years of age to purchase a handgun.
Well, I'm 20 and quite unwilling to wait. Am I allowed to receive a gun legally as a "gift" from a parent or family member? Basically, is this possesion allowed as long as I did not purchase the handgun?
Thanks!
I did a very brief search of ohio code. It appears that there is NO WAY that it would be legal for you to own a handgun if you're under 21, though you could USE a gun when you went to a range or for hunting. I noted some specifics below, if you're curious.
State law restricts selling or giving handguns to juveniles under 21, and other firearms to juveniles under 18, except for supervised loans of firearms or for limited lawful activities (such as hunting).
§ 2923.13. Having weapons while under disability.
(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.
(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
Here are some relevant bits of info, mostly about concealed carry and licensing, but there are other things as well:
Sec. 2923.126. (B) ? does not authorize the licensee to carry a firearm
* A Police Station.
* Sheriff?s Office
* State Highway Patrol Station
* Premises controlled by the Bureau of Criminal Identification and Investigation,
* State Correctional Institution, Jail, Workhouse, or other Detention Facility,
* Airport Passenger Terminal,
* School
* Courthouse or building that Houses a Court.
* Public or Private College/University (May keep locked in Vehicle in Packing lot)
* House of Worship.
* Child Day-Care Center.
* Any and all areas of a building that is owned or leased by this state or any political subdivision of this state,
* A place in which federal law prohibits the carrying of handguns.
§ 2923.121 Illegal possession of firearm in liquor permit premises.
* (A) No person shall possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code.
Sec. 2923.16.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
The Ohio Supreme Court ruled in September of 2003 that carrying a firearm "openly" on one's person (not in a vehicle) is a fundamental individual right recognized by the Ohio Constitution. There is no state law that prohibits open carry. Following this ruling, supporters of OFCC staged numerous open carry "Defense" Walks as a means of displaying the folly of a law that allowed open carry with no restrictions or licensing, but that banned concealed carry with extensive restrictions.
Unfortunately, while the Ohio Supreme Court stated that open carry is a fundamental individual right, no local ordinances that prohibit it were being challenged. This means that the court did not strike down any laws which prohibit the fundamental right of openly carrying. Many local ordinances still prohibit openly carrying a firearm. While these ordinances are unconstitutional, nothing stops those local governments from arresting you for openly carrying. A constitutionality challenge would then have to be mounted by your defense attorney in the courtroom.
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