Age Restrictions for Open Carry

[sd790]

My pre-teen daughter and I are looking forward to OC'ing in Oberlin with like-minded folks. Since I have no experience OC'ing, I want to learn more about the restrictions (infringements) in ORC and USC. I did some digging this morning and as expected, I am less clear than before I started. I heard (and confirmed in USC) that my daughter needs to possess a written permission slip from me prior to carrying, even though I will be there at all times.

One thing that I found that confuses me is the minimum age requirement that is stated on http://www.opencarry.org/?page_id=286" onclick="window.open(this.href);return false;. This page states that minimum age in Ohio is 18. Although this is different than what I always thought and I haven't been able to find and related ORC, I've learned to "trust, but verify" sites like that.

Do you have any insight or thoughts? Like I said, my daughter and I are looking forward to OC'ing in Oberlin on Sunday and I just want to know the details of the law before we go have a fun picnic.

[techguy85]

R.C. 2923.21 states:

(A) No person shall do any of the following:
(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;

So if you find that an open cary walk is a lawful hunting, sporting or educational purpose...

[Stryker74]

2923.21 Improperly furnishing firearms to minor.
(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;

Technically, you could say this is an educational purpose (gun rights education/instruction on safety,care and handling) under the control of a responsible adult (you). That said - and I mean no offense to you or your daughter - make sure that she is comfortable and safe with the firearm. If either of you have the least bit of hesitation, then follow your gut and leave it at home. The worst possible scenario is to have an incident where there is the potential for an accident.

(Again - I don't mean offense - just offering practical advice.)

Also, be prepared for the un-educated (public and LE) to question the fact that your daughter is carrying around a firearm. I suggest you look up the ORC 2921.21 I partially quoted above to read it for yourself as well.

[polizi212]

Unless you are prepared for any possible repercussions in the form of Arrest or Citation, I would not push the issue of having an underage person have a firearm in their possession. I get what your trying to do and why, But the law is questionable at best if you can do this with out breaking it. I am not sure the argument that this is a educational exercise would hold up! I am not a lawyer and you may want to confer with one before you do this. But having her there to be part of this is a great Idea our children need to know there true rights.

[BriKuz]

MWSY's 16 year old son carries all the time... it is ALWAYS an educational experience...

[sd790]

For clarity, I have no hesitations at all regarding her ability to safely handle a firearm. She practices with me at the range regularly and is as safe as any of us. She's probably a better shot than many of us too.

[rDigital]

This is not a battle worth fighting and will NOT help our cause.

[Stryker74]

For clarity, I have no hesitations at all regarding her ability to safely handle a firearm. She practices with me at the range regularly and is as safe as any of us. She's probably a better shot than many of us too.

Much to the deflation of our (men) ego's - most ladies are a better shot than us!

[DontTreadOnMe]

As posted earlier, I think ORC 2923.21 applies here. It's a very big stretch to suggest actively open carrying at an open carry event would qualify as an 'educational purpose' under that statute. The other examples provided (safety, care, handling, marksmanship) all include physical possession of the firearm as a necessary or logical element of the educational activity. There's little to nothing your daughter would be learning from open carrying at the event than she would by simply attending without physically possessing a firearm.

Also as others have said, there's a significant downside to you & your family - that being your arrest on a felony charge, your family's loss of your income, the expense of dealing with the charge, the emotional toll on yourself & your family, and the potential for opening your family up to investigation from Child Protective Services (and probably other stuff I haven't mentioned).

I don't know you & you don't know me, but here's my free advice anyway: Have your daughter attend with you holding a sign instead of a firearm.

[MyWifeSaidYes]

This is a good thing to discuss.

I'll put in my two cents. This is not meant to be rude, it was written in reply to rudeness:

I WILL NOT tell someone that they should do something.

I HAVE told people, on many occasions, that you should not open carry if you are not prepared to be arrested. If you cannot handle such a disruption in your life, do not open carry.

I WILL tell those people what I would do.

I WILL and HAVE backed up what I say by doing exactly what I said I would do.

I HAVE brought my 15 y.o. and 11 y.o. children to open carry events.

Those children HAVE and WILL continue to be armed with fully loaded tools of death and destruction.

Good grief, people. I'm not telling you to arm your children and parade them around town square. I live in a very rural area with no lack of criminal activity. My children know how to handle their firearms and should not be restricted from open carry because "somebody doesn't like it". It is that same mentality that got the anti-gun laws passed that restrict you and I.

Legal, underage open carry tends to blow some peoples minds.

My daughter has a sleepover planned for Saturday night or you could watch her shake the hand of the first police officer we can find. My 15 y.o. will be there.

DO NOT exceed your comfort level if you are not comfortable doing so, because THAT'S how America became the great country it is now.

Vote Obama!

[troy bilt]

This is not a battle worth fighting and will NOT help our cause.

Thats what they said about the recall in CO

[sd790]

My daughter and I are are in "negotiations" with Mom now. Fortunately, i have some extra credit points banked that I will probably dip into. Regardless of how Supreme Mom Court rules, we'll be there for some good fun in the park.

[Werz]

I'm going to take the middle ground. I think it's reasonable to allow your daughter to carry a holstered handgun if she is under your direct supervision and always within sight and close vicinity, and allowing her to move around with it holstered is a fair interpretation of "instruction in *** handgun safety, care, handling[.]" R.C. 2923.21(A)(3). I do not think a controversial open carry event is a good place for her to do it for the first time. That provision of law is likely to be interpreted in light of how offensive it is to those who observe it. Consider the density of the "think of the children" sentiment we have heard during the last week, then make your decision.

[BB62]

I'm going to take the middle ground. I think it's reasonable to allow your daughter to carry a holstered handgun if she is under your direct supervision and always within sight and close vicinity, and allowing her to move around with it holstered is a fair interpretation of "instruction in *** handgun safety, care, handling[.]" R.C. 2923.21(A)(3)...

In addition, one should note the omission of the words "...including, but not limited to" from your quoted text.

...I do not think a controversial open carry event is a good place for her to do it for the first time. That provision of law is likely to be interpreted in light of how offensive it is to those who observe it. Consider the density of the "think of the children" sentiment we have heard during the last week, then make your decision.

(my bold)

Kind of like how various anti-gun/anti-rights prosecutors want Inducing Panic or Disorderly Conduct charges interpreted in light of the disgusted and/or fearful reaction of those observing someone OCing?

[Werz]

...I do not think a controversial open carry event is a good place for her to do it for the first time. That provision of law is likely to be interpreted in light of how offensive it is to those who observe it. Consider the density of the "think of the children" sentiment we have heard during the last week, then make your decision.

(my bold)

Kind of like how various anti-gun/anti-rights prosecutors want Inducing Panic or Disorderly Conduct charges interpreted in light of the disgusted and/or fearful reaction of those observing someone OCing?

Not quite. Those statutes do not apply as a matter of law. The clause "except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship" is a jury question. Your risk.