Handguns Under 21

[Ohio Rifleman]

Okay, I've posted about this before, but now I'm doing it in poll-form so I can get more clear results. So, is it legal, in the state of Ohio for me, a 19 year old to own/posess a handgun? Here's the state gun laws according to nra-ila.com: http://www.nraila.org/GunLaws/State/State.aspx?st=oh

And a quote for the BATFE web site: "(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]

Give me your thoughts and opinions.

 

[Majic]

Rather than poll us which will mean nothing why don't you contact your State Police or Attorney General for the correct answer?

 

[psyopspec]

It is unlawful to sell a handgun to a person under 21, or any firearm to a person under 18. It is unlawful to furnish any firearm to a person who is under 18 or furnish any handgun to a person under 21, except for lawful hunting, sporting or educational purposes.

-From the link.

Based on that I wouldn't be afraid to recieve a handgun as a gift. The law looks clear to me, but I'm not here to interpret it for you. Nor would I use an internet pole to decide whether I should do something I wasn't sure was legal.

The poster above is onto something...

 

[Henry Bowman]

I researched this a couple of years ago. As I recall, it is NOT illegal for the 19 year old. The one who can get into trouble is the one who give the handgun (not the recipient). That is, the giver (seller) bears the responsibility.

 

[psyopspec]

Is a gift considered a sale in Ohio?

 

[AK103K]

I went through this here in PA with my boys a number of years back. Federal law saws you can possess a handgun at 18, but you can not purchase one from a FFL until 21.

I believe at the time, here in PA you could still purchase one from a private party, as they were not bound by the same rules as a FFL.(the ATF can only regulate the FFL's)

Transfers between certain family members are not restricted. Father or Mother to son or daughter, or vice versa, are not required to do any type of transfer. Same goes for Grandparents. I dont think second cousins once removed counts. Any of your relatives above can give you the gun, at least under federal law.

The link you provided is pretty vague. It says you cant sell to anyone under 21, but it seems to allow a gift under this "except for lawful hunting, sporting or educational purposes". Personally, I read this as the "any other legal purpose" clause most all these type laws seem to have, but I'm not a lawyer, and they can and will interpret it any way they like. The advice to call your state attorney general, and get the answer in writing, is good advice. Dont be surprised if they dont answer you back until you bug them good though. They are still lawyers after all, and trying to get a straight answer from one is about impossible.

 

[Ohio Rifleman]

Good News!

I emailed the BATFE a while ago about my inquiry, and here's what they said, verbatim, only my name deleted for security reasons:

"Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to Federal law, individuals under the age of 21 (and under certain special circumstances, under the age of 18) may possess handguns; however, Federal law prohibits a Federal Firearms Licensee (FFL) (i.e. firearms dealer) from selling handguns or handgun ammunition to persons under the age of 21. Said another way, individuals under the age of 21 may not purchase a handgun from an FFL.



It is important to note that State law may also impact whether you are authorized to possess a handgun. Therefore, it is strongly recommended that you contact your local State Police unit, or State Attorney General’s office to determine your ability to possess a handgun within your State of residence. A listing of the State Attorney General offices’ telephone numbers can be found at http://www.atf.gov/pub/fire-explo_pub/2005/p53004/attys_general.pdf.



Should you have any further questions, please feel free to contact your local ATF office at the telephone numbers found at http://www.atf.gov/contact/field.htm.



Thank you,



ATF Firearms Enforcement Branch"

Looks like federal law has nothing against me owning a handgun, they just don't want me to buy one from a FFL. So, if I had my dad or whoever buy one, and I buy it from him, it would not be a straw purchase because I am not prohibited from posessing/owning a handgun.

Edit: I know AK103K already said this, I just wanted to confirm. I don't think the state of Ohio has anything against me owning a handgun either, as long as it is for "lawful hunting or sporting purposes."

 

[wdlsguy]

Therefore, it is strongly recommended that you contact your local State Police unit, or State Attorney General’s office to determine your ability to possess a handgun within your State of residence.

This is good advice. You should heed it.

 

[Rotorflyr]

Therefore, it is strongly recommended that you contact your State Attorney General’s office to determine your ability to possess a handgun within your State of residence.

This is good advice. You should heed it.

wdlsguy,
Fixed your post........

Ohio Rifleman
Seriously, the best bet is contacting the State's Attorney General's office as it would be a safe bet that if you contacted 3 different office's of the OSHP (Ohio's State Police) you'd get 3 (or more) different answers depending on who you talked to and when. By contacting the SAG's office you can get the actual law that's on the books which is the best bet to cya

 

[Ohio Rifleman]

I did send an email to the Ohio State Attorney General's office, and this is what I got back:

"Thank you for contacting the Attorney General's Office regarding handgun ownership in Ohio. The Attorney General cannot issue opinions to individual citizens either within or from outside of Ohio, on hypothetical questions, issues committed to another department or branch of government, questions about the constitutionality of a statute, or issues currently in litigation.

However, I can provide some insight into the law as it pertains to your inquiry. This guidance is neither a formal nor informal opinion of Attorney General Petro; rather, it represents my understanding of prevailing law as applied to your inquiry and is intended to assist you. This information does not constitute legal advice.

Generally, Ohio law prohibits selling any firearm to a person under 18, or selling any handgun to a person under 21. These prohibitions are the same as in federal law.

Also, the section prohibits furnishing a firearm to a person under 18, except for lawful hunting or for purposes of instruction (a person 16 or over may hunt alone under section 1533.13 of the Revised Code). Instruction in firearms safety, care, handling, or marksmanship must be under either the supervision or control of a responsible adult. 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.

As used in RC § 2923.21, "furnish" requires some type of positive act to supply, provide or equip the minor with a firearm: "

And then it just regurgitates the law, which I've already read.

 

[wdlsguy]

2923.211. Underage purchase of firearm or handgun.
(A) No person under eighteen years of age shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age shall purchase or attempt to purchase a handgun, provided that this division does not apply to the purchase or attempted purchase of a handgun by 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 twentyone 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.
(C) Whoever violates division (A) of this section is guilty of underage purchase of a firearm, a delinquent act that would be a felony of the fourth degree if it could be committed by an adult. Whoever violates division (B) of this section is guilty of underage purchase of a handgun, a misdemeanor of the second degree.

http://www.atf.gov/firearms/statelaws/26thedition/ohio.pdf

 

[isp2605]

So what does the result of your poll mean? If you get enough answers, even if they're the wrong answers, what does it mean? How do you know what is the right answer?
If you have a legal question about Ohio law wouldn't the smart thing be check the Ohio statutes instead of taking anonymous answers from someone in CA, another from FL, another from ME, another from somebody who couldn't find Ohio on the map, and who knows where else on the internet?