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ohio mag laws


ghost21

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From the website: http://codes.ohio.gov/orc/2923

Ohio 30+ Round Magazines

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.

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There are a few more cities that have enacted laws regarding magazine capacity.

Cincinnati,

(1) More than 10 rifle or carbine rounds;

(2) More than 5 shotgun rounds;

(3) More than 15 handgun rounds.

Cleveland,

(1) any semiautomatic action, center fire rifle or carbine that accepts a detachable magazine with

a capacity of 20 rounds or more;

(2) any semiautomatic shotgun with a magazine capacity of more than six rounds;

(3) any semi-automatic handgun that is:

A. a modification of a rifle described in division (a) (1), or a modification of an automatic

firearm; or

B. originally designed to accept a detachable magazine with a capacity of more than 20 rounds.

Columbus,

other than .22 magazine or drum cannot hold more than 20 rounds 2323.32 Unlawful possession of a large capacity magazine.

Dayton,

rifle-10 rounds, shotgun-6 rounds, handgun-20 rounds

Toledo,

No person shall knowingly possess a detachable ammunition magazine loaded with more than ten (10) rounds of ammunition.

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In my research, I'm finding different things from different web sites ...... A lot of the talk on other message boards like XDtalk.com, Uzitalk.com, Thehighroad.com, etc. sounds legit ......

But then again, I'm seeing many web-stores, and manufacturers that claim they will not ship High-Cap mags to states with restrictions, such as .... (and then some of them actually list the restricted states / cities)

Here's another web-store with a "Restrictions List" http://www.magazine-gun.com/faq.asp

Ohio - Cincinnati - Handguns Maximum 15 round capacity

Ohio - Cincinnati - Rifles Maximum 10 round capacity

Ohio - Cincinnati - Shotguns Maximum 5 round capacity

Ohio - Cleveland - Maximum 20 round capacity

Ohio - Dayton - Handguns Maximum 20 round capacity

Ohio - Dayton - Rifles Maximum 10 round capacity

Ohio - Dayton - Shotguns Maximum 6 round capacity

Ohio - Dunlin - Maximum 10 round capacity

Ohio - Shaker Heights - Maximum 10 round capacity

Ohio - Toledo - Maximum 10 round capacity

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Chris

I did find something that said Columbus was now no longer restricted any further than state restrictions allow. So like you say there is different info out there based on where you look.

Makes it confusing and makes a good argument for why it should be standardized to keep people from getting themselves in trouble.

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Chris, Sarge,

I think last year The Ohio State Legislators passed a law stating magazine limits anywhere in the state can't be more restrictive than state law allows. This was a Buckeye Firearms pushed legislation. Cincinnati has on it's books a 10 round limit. Up in till last year Top Gun Supply would not ship magazines above 10 rounds to a Cincinnati address.

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  • 2 months later...

I found the following in my research (when researching taking title-2 firearms into OH)...

2923.11 defines "Dangerous Ordanance"

(K) “Dangerous ordnance” means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

...

(5) Any firearm muffler or silencer;

It also defines an "automatic firearm" as

(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 that's just the definitions....

now the code that makes them illegal is in section 2923.17

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

However, an exception is granted:

© Division (A) of this section does not apply to:

(5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

So to me, this says that mags holding more than 30 rounds (except for .22s) are illegal unless the firearm is registered in the NFRTR (ie, you have your "class 3" tax stamp). This is how I determined I can take my registered/SBR'd 9mm AR w/ 32-round mags and silencer into OH (w/ ATF permission on a 5320.20, of course).

I'm not a lawyer, so if someone understands differently let me know! :)

I also understand pre-emption means the toledo/cincy/et-al bans no longer have weight.

-rvb

ps. here is the link to the code: http://codes.ohio.gov/orc/2923

Edited by rvb
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Quick google I found the following tidbit:

http://www.ar15.com/...&f=118&t=524265

One of my customers was prosecuted for this. It took about 3yrs and almost $15,000 in expenses to get his guns back and the charges dismissed. The only reason he wasn't convicted is because the 40rd mag was used in a registered SBR.

so if you reeeaaallllllly want to use a > 30 round mag in your open gun, pay the $200 and register is as an AOW and carry a cheap foregrip and ducttape in your range bag. :goof:

-rvb

Edited by rvb
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So, traveling to the Ohio match in May, avoid entering Cincinnati with my limited gear in the back of the truck in case

"Mr Murphy" shows up

just in case some LEO isn't up to speed on new legislation?

Edited by cnote
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Municipalities are now preempted from enacting any regulation of firearms. This was done by the state legislature. All local ordinances whether on the books or not are unenforceable.

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So, traveling to the Ohio match in May, avoid entering Cincinnati with my limited gear in the back of the truck in case

"Mr Murphy" shows up.

I keep telling you guys... it's MRS. MURPHY!! Murphy is a woman!

Pat

Edited by Pat Miles
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Being an owner of an Olympic Arms 9mm carbine that accepts Glock magazines, if I use a 32 round mag in Ohio, it is a crime. But a 30 round 5.56 magazine in an AR-15 is legal.

Those two 9mm bullets sure make a huge difference. :angry:

BC

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Being an owner of an Olympic Arms 9mm carbine that accepts Glock magazines, if I use a 32 round mag in Ohio, it is a crime. But a 30 round 5.56 magazine in an AR-15 is legal.

Those two 9mm bullets sure make a huge difference. :angry:

BC

As I understand it, perfectly legal to possess that 32 round magazine, in Ohio. But, as soon as you put it in a gun, loaded or empty, you have broken the law. That is the way it was explained to me.

Those last two rounds the only lethal ones????

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