open carry for a 18 year old

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

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bigdogrick
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open carry for a 18 year old

Post by bigdogrick »

My 18 year old son wants to open carry his sidearm in the house when I'm not home, I don't have a problem with it because he has been around guns all his life and he is very responsible and safe with his sidearm. What I don't know is if he can legally open carry in our house or on our property. Thanks for any and all answers.
techguy85
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Re: open carry for a 18 year old

Post by techguy85 »

There's some question as to this because whoever provided him with the handgun may have committed a crime...
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JediSkipdogg
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Re: open carry for a 18 year old

Post by JediSkipdogg »

Yes and no. The ORC has nothing against anyone 18-20 possessing a handgun. That act is not a crime. However...
2923.21 Improperly furnishing firearms to minor.
(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....how can they get said firearm? In Ohio one can't unless it's for hunting, sporting, or education.
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
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MyWifeSaidYes
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Re: open carry for a 18 year old

Post by MyWifeSaidYes »

IN your home, I don't believe you would have problems, but I am not a lawyer.

OUTSIDE your home, even if still on your property, or even on your front porch, you have more risk of a LEO starting an encounter.

If you want to allow your son access to the handgun while you are not home, I would suggest that he not carry it.

When I'm with him, my son open carries. He's 16 now, but has been OC'ing with me for many years. When I'm not home, he knows where to go and what to grab should the need arise.
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bigdogrick
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Re: open carry for a 18 year old

Post by bigdogrick »

Thanks for educating me on this subject. From now on I will only let him open carry in the house when I'm with him. I don't what to risk getting him into trouble. He already knows the where and how to get to everything in the house to protect himself with. Thanks again for the answers.
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Chuck
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Re: open carry for a 18 year old

Post by Chuck »

For that matter, unlicensed concealed carry is legal IN YOUR HOME.
However the same restrictions apply as to "furnishing" him the gun, I believe

http://codes.ohio.gov/orc/2923.12" onclick="window.open(this.href);return false;
(C)

(1) This section does not apply to any of the following:

(a) An officer, agent, or employee of this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns and is acting within the scope of the officer's, agent's, or employee's duties;

(b) Any person who is employed in this state, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (C)(1)(b) of this section does not apply to the person;

(c) A person's transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of section 2923.11 of the Revised Code, in a motor vehicle for any lawful purpose if the firearm is not on the actor's person;

(d) A person's storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of section 2923.11 of the Revised Code, in the actor's own home for any lawful purpose.

(2) Division (A)(2) of this section does not apply to any person who, at the time of the alleged carrying or possession of a handgun, is carrying a valid concealed handgun license, unless the person knowingly is in a place described in division (B) of section 2923.126 of the Revised Code.

(D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:

(1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.

(2) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed.

(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
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