Under 18, carrying while working trap lines

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Mustang380gal
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Under 18, carrying while working trap lines

Post by Mustang380gal »

I am fairly certain I know the answer, but just for confirmation:

Can a person under 18 carrying in an outer waistband holster have his jacket over the firearm?

Daughter's boyfriend was carrying in a leather holster with his coat covering the firearm, lower half of the holster visible. I told him that it must be open, so the jacket should be tucked behind the firearm. He said the wildlife officer told his trapping class that they could carry concealed while doing the trap lines.

Is there any provision in Ohio law for an under 18 to carry concealed?
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Re: Under 18, carrying while working trap lines

Post by Javelin Man »

The wildlife officer makes us teachers look bad. What he is suggesting is the way it OUGHT to be, not the way it LEGALLY is.
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Re: Under 18, carrying while working trap lines

Post by Mustang380gal »

Yep.

The other issue is if they were told how to legally transport the firearm to the area where the lines are going to be.

I don't think "The wildlife officer told me I could" will fly as a valid defense.
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Re: Under 18, carrying while working trap lines

Post by JustaShooter »

Forget carrying concealed, a minor can't even *possess* a handgun except within very specific guidelines:
https://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;
18 U.S.C. § 922(x)(2), (5).
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
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Re: Under 18, carrying while working trap lines

Post by Brian D. »

JustaShooter wrote:Forget carrying concealed, a minor can't even *possess* a handgun except within very specific guidelines:
https://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;
18 U.S.C. § 922(x)(2), (5).
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
I would think that section (3)(A)(i) would cover trapping as well as hunting with regards to an exemption for farm activities etc. Or (3)(A)(II)?
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Under 18, carrying while working trap lines

Post by Mustang380gal »

Brian, I would think so, too, but the boyfriend did not have written permission from a parent. That could be trouble.

He said the wildlife officer said they would not be hassled by wildlife officers about a handgun if they were trapping and following those rules. I would not bet on that.
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Re: Under 18, carrying while working trap lines

Post by JustaShooter »

Mustang380gal wrote:Brian, I would think so, too, but the boyfriend did not have written permission from a parent. That could be trouble.

He said the wildlife officer said they would not be hassled by wildlife officers about a handgun if they were trapping and following those rules. I would not bet on that.
And regardless (it is a Federal law, after all, so can't really be enforced by anyone other than Federal LEOs), there is still no provision for him to carry it concealed in Ohio.
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Re: Under 18, carrying while working trap lines

Post by Mustang380gal »

That's pretty much what I told him.

After the first conversation, I asked him where the ammunition was. It was in his pocket, so he was carrying an unloaded gun in the holster. He did have it locked in a box in the car.

Hopefully I straightened him out.
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Re: Under 18, carrying while working trap lines

Post by Javelin Man »

With no CHL, he won't have to 'fess up that he has a gun in his car.
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bruh bruh is slang for "complete and total moron" -sodbuster95

The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: Under 18, carrying while working trap lines

Post by MyWifeSaidYes »

The wildlife officer simply left out the part about "You can carry concealed while hunting IF you have a CHL."
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Re: Under 18, carrying while working trap lines

Post by Mustang380gal »

MyWifeSaidYes wrote:The wildlife officer simply left out the part about "You can carry concealed while hunting IF you have a CHL."
Or maybe it was a case of Teenager Selective Hearing Syndrome in which teenagers only hear what they want to hear.

That is a legitimate diagnosis, isn't it?
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Re: Under 18, carrying while working trap lines

Post by Suckerspawn »

MyWifeSaidYes wrote:The wildlife officer simply left out the part about "You can carry concealed while hunting IF you have a CHL."
But, you can't hunt with your concealed handgun.
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Re: Under 18, carrying while working trap lines

Post by tracker 6 »

I would contact the division of wildlife office and tell them my concerns.I'm sure they will give an answer.But ask for it in writing and signed by some one in authority.
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Re: Under 18, carrying while working trap lines

Post by MyWifeSaidYes »

Mustang380gal wrote:
MyWifeSaidYes wrote:The wildlife officer simply left out the part about "You can carry concealed while hunting IF you have a CHL."
Or maybe it was a case of Teenager Selective Hearing Syndrome in which teenagers only hear what they want to hear.

That is a legitimate diagnosis, isn't it?
Both of my teenagers have suffered from this affliction from time to time. :wink:
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Re: Under 18, carrying while working trap lines

Post by MyWifeSaidYes »

tracker 6 wrote:I would contact the division of wildlife office and tell them my concerns.I'm sure they will give an answer.But ask for it in writing and signed by some one in authority.
The problem with that method is actually finding someone responsible for enforcing the law to actually know the law.

Seriously, this is an issue with all branches of law enforcement from all parts of the state...selective or incomplete knowledge.


If you visit this page the Ohio Department of Natural Resources web site: General Information

you will find this handy piece of knowledge under "Concealed Handgun License"...
A person possessing a valid concealed hangun [sic] license may carry their concealed handgun while hunting and trapping, but it may not be used to shoot, shoot at, or kill any wild animal. For more information, go to the Ohio Attorney General website.
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