Open carry for 18 year olds

[Austin]

I know that you may not purchase a pistol under the age of 21 but is it legal to carry a pistol open carry in the state of Ohio legally if you happen to possess a pistol under the age of 21 ex: 18 year old possesses a clock and wants to carry it openly. Is it legal to carry said firearm?

 

[Grapeshot]

I know that you may not purchase a pistol under the age of 21 but is it legal to carry a pistol open carry in the state of Ohio legally if you happen to possess a pistol under the age of 21 ex: 18 year old possesses a clock and wants to carry it openly. Is it legal to carry said firearm?

Most assuredly may purchase a firearm in Ohio and yes you can carry it openly in most cases.

http://www.wikihow.com/Buy-a-Gun-in-Ohio

 

[JustaShooter]

Most assuredly may purchase a firearm in Ohio and yes you can carry it openly in most cases.

http://www.wikihow.com/Buy-a-Gun-in-Ohio

Firearm yes, handgun no, unless you are a member of the military or law enforcement.

Open carry of a handgun (or other firearm) in Ohio is not prohibited in any way so a person under 21 who is legally in possession of a handgun could openly carry it. The problem is that there are precious few legal ways for a person under 21 to be in possession of a handgun in Ohio. See ORC 2923.21:

(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;

...

(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. Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to an active duty member of the armed forces of the United States who has received firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.

(C) Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree.

So as I read this, unless active duty military or law enforcement, or under the supervision or control of a responsible adult for certain purposes, you cannot even give a handgun to a person under 21.

Because of this I suspect law enforcement might be inclined to interact with someone openly carrying who appeared to be under 21. And, as that would likely provide reasonable suspicion of a crime, you are required to identify yourself per ORC 2921.29:

(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

 

[color of law]

JustaShooter seemed to cover all the bases. But let me add, open carry does not require you to have ID on your person. To avoid a legal battle, if stopped because the cop is challenging your age (18 long gun, 21 handgun) tell then your name, address and social security number (if you have one). That is all that is required.

And YES the cops will lie to you. And lets not forget, the most dangerous person in the US is the citizen with the law in their hands.

 

[BB62]

I know that you may not purchase a pistol under the age of 21 but is it legal to carry a pistol open carry in the state of Ohio legally if you happen to possess a pistol under the age of 21 ex: 18 year old possesses a clock and wants to carry it openly. Is it legal to carry said firearm?

You can open carry a clock all you want. Heck, you can even buy and sell one without a care in the world - even to minors!

But seriously, if the reason you're asking the question is for you or your "friend" - make very, very sure that that the handgun in the possession of the person <21 years old came into their possession legally. If not, the <21 year old *might not* get into hot water, but the person furnishing them the firearm very well may.

Out of curiosity: what prompted you to ask the question in the first place?

 

[JustaShooter]

JustaShooter seemed to cover all the bases. But let me add, open carry does not require you to have ID on your person. To avoid a legal battle, if stopped because the cop is challenging your age (18 long gun, 21 handgun) tell then your name, address and social security number (if you have one). That is all that is required.

I think you meant "date of birth" - disclosing one's SSN is not required under Ohio law, but DoB is. Unless I'm missing something.

 

[color of law]

I think you meant "date of birth" - disclosing one's SSN is not required under Ohio law, but DoB is. Unless I'm missing something.

"person's name, address, or date of birth" The comma between "address" and "or" separates the first two items from "date of birth." Look at parts (C) and (D). (D) says the person does not have to give their "age or date of birth if age is an element of the crime that the person is suspected of committing." Yet, (C) says the cop does not have to "describe the offense observed." So, if the cops don't have to tell you what crime you are being stopped for, how would the person know if they have to reveal their age. What a conundrum. Your social security number would reveal your date of birth.

The date of birth would be an an element of the crime if carrying a firearm.

One other note, one is not required to have a SS number.

 

[Nascar24Glock]

Firearm yes, handgun no, unless you are a member of the military or law enforcement.

Open carry of a handgun (or other firearm) in Ohio is not prohibited in any way so a person under 21 who is legally in possession of a handgun could openly carry it. The problem is that there are precious few legal ways for a person under 21 to be in possession of a handgun in Ohio. See ORC 2923.21:



So as I read this, unless active duty military or law enforcement, or under the supervision or control of a responsible adult for certain purposes, you cannot even give a handgun to a person under 21.

Because of this I suspect law enforcement might be inclined to interact with someone openly carrying who appeared to be under 21. And, as that would likely provide reasonable suspicion of a crime, you are required to identify yourself per ORC 2921.29:

There is one other way, but it's much more complicated. An Ohio resident age 18-20 could temporarily become a resident of a different state that allows private sales to those age 18-20, buy the handgun from a resident of that new state, then re-establish Ohio residency.

But the problem is, there isn't always a whole lot of guidance on how long and by what means a person officially changes their state of residence. It's even more complicated if, for example, the person does enough to establish residency in the purchasing state (like renting an apartment for whatever length of time is needed) but doesn't change their Ohio driver's license, vehicle registration, etc. Consult a lawyer on this one. The bottom line is that doing it this way SHOULD satisfy Ohio law (since the Ohio law punishes only the seller / furnisher and since the seller is neither an Ohio resident nor conducting the sale in Ohio). But if the Feds ever got wind of it, the buyer would have to satisfy them that he/she did indeed become a resident of the new state.