More than 30 rounds Ned.
More than 30 rounds Ned.
My brother saw Deliverance and bought a Bow. I saw Deliverance and bought an AR-15.
Should have seen the cops face when she seen my "CC pistol". She comes up, l inform her l'm cc'ing. She asks where, l'm kinda just like, uggh you didnt notice the Draco AK 47 on the passenger seat?
She freaks out saying you cant cc a rifle blah, blah goes on a rant for a min, finally l'm allowed to inform her it a pistol. Took a little while but she finally came back and admitted l was right, she was so out of it from the gun issue she forgot about me speeding.
Here 'tis:
http://codes.ohio.gov/orc/2923
(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.
So.... I guess it could be read that any centerfire semi-auto for which a magazine holding more than 31 rounds has ever been made, is a machine gun. It doesn't even say you have to have the magazine. It doesn't mention an exemption for police.
Way to write legislation, Ohio politicians!
Well, I would argue no civilian semi-auto infantry rifle was designed to fire more than 30 rounds, anything bigger came after the rifle was designed. Hell the AR was designed for a 20 round mag (25 actually but lets not go into minuita.)
As for 'adapted to' in the statute, I read that as the magazine has to be loaded with more that 30 rounds locked into the weapon, not just in the proximity of the weapon.
My brother saw Deliverance and bought a Bow. I saw Deliverance and bought an AR-15.
IIRC there isn't any way to legally transport a loaded long gun ammo feeding device in one vehicle along with the rifle?
Last edited by Captiva; 02-12-12 at 21:14.
That is correct. The kicker being if the "loaded" long gun is accessible to the driver or any passenger without leaving the vehicle, the crime of "improperly handling firearms in a motor vehicle" is 4th degree felony. If the loaded long gun is only accessible by leaving the vehicle, its a 1st degree misdemeanor. My truck tool box is only accessible by leaving the vehicle, guess how I transport my shit...
That is my interpretation as well. In fact I would argue that you can own 30+ capacity mags legally but it becomes illegal as soon as you load one into a firearm.
Last edited by Eric D.; 02-11-12 at 20:50.
B.A.S. Mechanical Engineering Technology
One question out of curiosity:
I have an SUV. I keep my rifle in the very back when transporting it. So technically I could get to my rifle through the vehicle if I crawl through and over the seats, but I (and pretty much any sane person) would and do get out, walk around to the back, and open the lift gate to get the rifle. What would that be defined as?
And I guess that means no surefire 60 round mags...
“WE THE PEOPLE are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”
~ Abraham Lincoln
Here is the relevant statute: http://codes.ohio.gov/orc/2923.16
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm 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) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either 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.
Technically, transporting your rifle as you describe doesn't fit any of the above methods but as long as the gun isn't loaded (no loaded magazines) I personally wouldn't be concerned, YMMV.
If your rifle is in a hard case and transported as you describe, you are fine. Hell, you could fashion yourself some kind of "rack" to fit in the rear and then you would also be good to go. I am not aware of any case law that defines what is and is not a "rack".
It is my personal interpretation that ownership of said magazines, in and of itself, is legal. Only when they are loaded into a firearm do you create a machinegun. I wouldn't be taking them to any range but you could always save them for a rainy day
Last edited by Eric D.; 02-11-12 at 20:47.
B.A.S. Mechanical Engineering Technology
So, a licensed Ohio CCW holder CAN have loaded handgun mags in an ammo can or range bag locked in the trunk to transport to the range? But not 30rd long gun / ar mags? I'm probably a bit confused with this, I had thought no mags could be loaded regardless of being licensed or not.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle
in such a manner that the firearm is accessible to the operator or any passenger without
leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless
the person may lawfully possess that firearm under applicable law of this state or
the United States, the firearm is unloaded, and the firearm 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) If the firearm is at least twenty-four inches in overall length as measured
from the muzzle to the part of the stock furthest from the muzzle and if the barrel
is at least eighteen inches in length, either 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.
(5) Divisions (B) and (C) of this section do not apply to a person who transports or
possesses a handgun in a motor vehicle if, at the time of that transportation or possession,
both of the following apply:
(a) The person transporting or possessing the handgun is carrying a valid license or
temporary emergency license to carry a concealed handgun issued to the person under
section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued by another state with which the attorney general has entered
into a reciprocity agreement under section 109.69 of the Revised Code.
(b) The person transporting or possessing the handgun is not knowingly in a place
described in division (B) of section 2923.126 of the Revised Code.
An OH CCW holder can carry a loaded handgun, loaded handgun mags, or any combination of the two anywhere in the vehicle he pleases. Your carry gun is loaded, no?
Last edited by Eric D.; 02-12-12 at 18:31.
B.A.S. Mechanical Engineering Technology
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