What HB 234 Means to You: Part III - 31+ round magazines & non-contiguous transfers
On March 23, 2015 several changes to Ohio law that are of particular significance to Ohio gun owners will take effect. This article will look at a change in the definition of automatic firearms (31+ round magazines) and non-contiguous state transfers.
Current law:
ORC 2923.11 (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 calibers short, long, or long-rifle cartridges.
Note that there is not a ban on magazines with a capacity of 31 or more rounds; rather, they have been defined as an “automatic firearm.” Some interpret this as, 'you can own and use them, just not loaded beyond 31 rounds. Some interpret owning them as a crime, which would mean any gun with a detachable magazine is an automatic firearm, since the gun only cares about the top of the magazine, not how long it is.
No other state has this bizarre definition of automatic firearms, and beginning March 23, 2015, Ohio will become like the other 49 states when the second sentence is deleted and the legal definition will be correct.
http://codes.ohio.gov/orc/2923.11v2
ORC 2923.11 (E) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.
That’s it. No more confusion over this issue. The law will read as exactly how it should.
Additionally, thanks to passage of HB 234, Section 2923.22 was repealed in full.
http://codes.ohio.gov/orc/2923.22
This section of law goes back 40 years. It was enacted before it was common or even possible to conduct adequate background checks on person’s buying guns. Even though technology and laws have changed drastically, Ohio law has restricted residents to purchasing long guns only from Ohio and contiguous (bordering) states. Beginning March 23, 2015 this section is deleted. Ohio residents may purchase rifles and shotguns from a dealer in any of the 50 states, and residents of all states may buy long guns from an Ohio FFL. Purchase of handguns is still restricted to the state of residency under federal law.
Both of these changes are examples where what is needed is not an additional law, but the deletion of incorrect or outdated laws.
Jim Irvine is the Buckeye Firearms Association President, BFA PAC Chairman and recipient of the NRA-ILA's 2011 "Jay M. Littlefield Volunteer of the Year Award" and the CCRKBA's 2012 "Gun Rights Defender of the Year Award."
Related Articles:
What HB 234 Means to You: Part I - NICS compliant background checks
What HB 234 Means to You: Part II - Reciprocity
What HB 234 Means to You: Part V - CHL mandatory training reduction
What HB 234 Means to You: Part VI - Allow Noise Suppressors While Hunting
- 9355 reads
