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Ohio Law Question


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Bama Red's post about not being able to get blackpowder guns shipped to Tennessee due to some ridiculous laws got me pondering about one here in the Buckeye State. Conventional wisdom is that any mag of more than 30 round capacity is "illegal", but I see them at the shows all the time. One guy last week was selling the 75 round drums for the AK and RPK guns. So here's the set up, and then the questions for any Ohio pards who are LEOs or attorneys:

 

From The Ohio Revised Code:

 

2923.11 Weapons Control Definitions:

(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.

 

2923.24 Possessing Criminal Tools:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use. (emphasis added)

 

Nowhere have I been able to find any prohibition against owning an "automatic firearm" in the ORC.

 

If you are at the range with an AK or RPK with a 75 round drum engaging in target practice, would that qualify as "legitimate use"?

 

So the big question here is: is it a violation to merely be in possession of said drum mag, or must there be extra circumstances, e.g. as in engaging in some criminal activity for the above sections of The Code to apply?

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The good news is that cities like Columbus, Cincinnati and Cleveland had mag bans. They were declared 'unconstitutional' and unenforceable in Ohio. Currently there are no such bans being enforced.

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Thanx for the insight and info Beauford.

With that in mind, and with the firm knowledge that a magazine cannot magically transform a semi into a full auto I think we should petition the legislature to drop the questionable language from the ORC.

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Thanx for the insight and info Beauford.

With that in mind, and with the firm knowledge that a magazine cannot magically transform a semi into a full auto I think we should petition the legislature to drop the questionable language from the ORC.

works for me too!

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