SBR

This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.

Moderators: Coordinators, Moderators

SBR

Postby scorchedtrumpet » Sun Oct 29, 2017 9:40 am

Here is a question I can not seem to find a clear, concise answer to. Say you have a truck gun, CZ scorpion, MP5, AR pistol. It is totally legal to carry that loaded in your truck, or even concealed in a back pack with your Ohio issued CHL. Now lets say you do not change anything about the gun physically, however you go through the whole ordeal of filing a Form 1 with the ATF, pay your $200 fee, get the tax stamp and now your former pistol is an SBR. Is it still legal to carry loaded, in your vehicle, or concealed in a back pack? There are many opinions online regarding this, but an opinion will do nothing for you in a court of law.
scorchedtrumpet
OFCC Member
OFCC Member
 
Posts: 31
Joined: Tue Feb 26, 2013 7:55 pm
Location: West Mansfield

Re: SBR

Postby JustaShooter » Sun Oct 29, 2017 12:40 pm

Well, all you are going to get in here are opinions as well. So, here's mine lol:

An Ohio Concealed Handgun License would allow you to keep an AR pistol (or any other firearm considered a handgun under Ohio law) in your motor vehicle loaded, whether openly or concealed.

Getting a tax stamp for an SBR wouldn't change anything *until* you actually changed the firearm's configuration into an SBR - for example, by removing the handgun buffer tube and replacing it with a rifle buffer tube and stock. Once you do that, it is no longer a handgun under Ohio law but becomes a Dangerous Ordnance, and you cannot have it loaded in your motor vehicle and must conform to the rules for transporting a dangerous ordnance.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4435
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: SBR

Postby JimE » Sun Oct 29, 2017 12:43 pm

I'm no lawyer, but my take is once it is a "rifle", you cannot carry it loaded in a vehicle.
With a CHL, you can have a loaded magazine with the rifle, but not in it.
The only exception I can recall was for farmers, as in having a rifle in the cab of a tractor while working. But that might have changed now.
JimE
OFCC Member
OFCC Member
 
Posts: 294
Joined: Thu Aug 04, 2005 7:50 pm
Location: Ashland,OH

Re: SBR

Postby MyWifeSaidYes » Fri Nov 03, 2017 11:28 am

JimE wrote:The only exception I can recall was for farmers, as in having a rifle in the cab of a tractor while working. But that might have changed now.


If a tractor is considered 'farm machinery', then it is not a motor vehicle, per R.C. 4501.01

If it is not a 'motor vehicle', then R.C. 2923.16 should not apply.

So, yeah. Check with your lawyer, of course, but it looks like a loaded rifle can be kept in the cab of a tractor, loaded and without a CHL, by a non-prohibited person.
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
 
Posts: 5398
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio

Re: SBR

Postby High Power » Mon Nov 06, 2017 10:05 am

Just to be clear on this (about rifles - not SBRs), I can carry the rifle as long as it isn't loaded.

The statute changed some time ago, permitting loaded magazines, as long as they were not in the rifle and in a seperate case or pocket and you have to exit the vehicle to get to the rifle and/or the magazine.

Am I correct on that?

Here's the ORC: http://codes.ohio.gov/orc/2923.16

With the recent shootings in Las Vegas and Texas, I'm thinking about carrying my AR-15 and several magazines in the trunk of my car. Better to have it and not need it than to need it and not have it.
"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein
User avatar
High Power
 
Posts: 2168
Joined: Mon Apr 23, 2007 6:03 pm

Re: SBR

Postby JustaShooter » Mon Nov 06, 2017 4:09 pm

High Power wrote:Just to be clear on this (about rifles - not SBRs), I can carry the rifle as long as it isn't loaded.


It must be unloaded *and* transported in one of the following ways to be legal in Ohio:

(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.


High Power wrote:The statute changed some time ago, permitting loaded magazines, as long as they were not in the rifle and in a seperate case or pocket and you have to exit the vehicle to get to the rifle and/or the magazine.

Am I correct on that?


As I understand it, with a CHL, the loaded magazines can be anywhere in the vehicle *except* inserted into the long gun, they do not have to be stored separately. Without a CHL, your statement is mostly correct - there is no requirement to have to exit the vehicle to retrieve the magazine or rifle.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4435
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: SBR

Postby willbird » Wed Nov 08, 2017 8:18 am

JustaShooter wrote:Well, all you are going to get in here are opinions as well. So, here's mine lol:

An Ohio Concealed Handgun License would allow you to keep an AR pistol (or any other firearm considered a handgun under Ohio law) in your motor vehicle loaded, whether openly or concealed.

Getting a tax stamp for an SBR wouldn't change anything *until* you actually changed the firearm's configuration into an SBR - for example, by removing the handgun buffer tube and replacing it with a rifle buffer tube and stock. Once you do that, it is no longer a handgun under Ohio law but becomes a Dangerous Ordnance, and you cannot have it loaded in your motor vehicle and must conform to the rules for transporting a dangerous ordnance.


Also "Dangerous Ordnance" as defined cannot legally be CCW.

(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;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or suppressor;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.


(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.
Have a great day today unless you have made other plans :-).
willbird
OFCC Member
OFCC Member
 
Posts: 11312
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: SBR

Postby Werz » Sun Nov 19, 2017 3:07 am

JustaShooter wrote:
High Power wrote:Just to be clear on this (about rifles - not SBRs), I can carry the rifle as long as it isn't loaded.

It must be unloaded *and* transported in one of the following ways to be legal in Ohio:
(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.

High Power wrote:The statute changed some time ago, permitting loaded magazines, as long as they were not in the rifle and in a seperate case or pocket and you have to exit the vehicle to get to the rifle and/or the magazine.

Am I correct on that?

As I understand it, with a CHL, the loaded magazines can be anywhere in the vehicle *except* inserted into the long gun, they do not have to be stored separately. Without a CHL, your statement is mostly correct - there is no requirement to have to exit the vehicle to retrieve the magazine or rifle.

This:
Image
Keep the gun unloaded in the case. Keep the loaded mags in the pockets. If you have a CHL, you can have a loaded mag inside the case, but not inserted in the gun. If it's an SBR, I keep a 1/4-scale, laminated copy of the tax-stamped registration in the case; it's not absolutely required by law, but it can save you a lot of unpleasantness.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
 
Posts: 5498
Joined: Sun Aug 16, 2009 2:37 am

Re: SBR

Postby xd9allthetime » Thu Mar 01, 2018 11:10 pm

The designation for this weapon is no longer a pistol but rather a rifle so as others have mentioned you would fall under the rules of a rifle not handgun. You also run into additional challenges as you now are carrying a NFA item and as such access to that item is also strictly controlled as well. You simply can't have a traveling companion or family member keep watch over your backpack while you run to the restroom or give them the keys to go retrieve an item from the vehicle the SBR is located/stored unless they are members of your NFA trust. Since you originally had a pistol that went to SBR, returning it to a pistol configuration might be your only option but there's varying thoughts on that as well. Highly recommend you maintain a copy of your stamp(s) anytime you're out and about with NFA items. I'm not totally convinced most LEOs would know what they are looking at (Form 1 stamps) but at least you have proof you're in legal possession of the items.
Great minds think alike, unfortunately so do stupid ones...
xd9allthetime
 
Posts: 279
Joined: Thu May 05, 2011 8:58 am
Location: Miami County


Return to Ohio Concealed Carry Discussion

Who is online

Users browsing this forum: No registered users and 3 guests