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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 07-13-2011, 1:00 PM
Southwest Chuck Southwest Chuck is offline
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Default Ohio considers a Semi-auto CAN = Machine gun ?

I ran across this today. Be careful if you go to Ohio with a semi-auto that "has the capability " to accept a magazine holding 31 rounds or more. The way I read this is, if there is a original or aftermarket magazine/drum even available for your firearm, (other than a .22 cal.) then, it is a felony to possess it in Ohio. Am I reading this right?

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Under Title 29 of the Ohio Code: "(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 caliber short, long, or long-rifle cartridges."
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Old 07-13-2011, 1:02 PM
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Since mags are separate from guns, this would depend on constructive possession laws.

I believe there are tons of ARs legally owned in Ohio so I don't see a problem here.
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Old 07-13-2011, 1:06 PM
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Wow, that's pretty ridiculous. Although another reading of the law would lead one to believe that inserting a 31+ capacity magazine would make the firearm "designed or specifically adapted to fire" 31+ rounds. Its difficult to say which of those interpretations of the law would be correct.
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Old 07-13-2011, 1:06 PM
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So no more Glock 9mm's in Ohio? Or do you actually have to have the 33 round factory mag for it?

Last edited by stix213; 07-13-2011 at 1:22 PM..
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Old 07-13-2011, 1:20 PM
Southwest Chuck Southwest Chuck is offline
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I'd say it's a risky proposition. If greater than 31 round clips were designed or marketed by the manufacturer at the time it was released for sale (an obvious design characteristic), it could easily be argued that it would be such a prohibited firearm, and thus it would be a felony to possess since "any semi-automatic firearm designed ....to fire more than thirty-one cartridges without reloading" Is that Logical?

I can see an aggressive D.A. already.......
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Old 07-13-2011, 1:26 PM
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So I guess all those semi-auto belt feds are not going to fly in Ohio, unless belts are not "magazines" as they are in CA.

Tim
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Old 07-13-2011, 1:51 PM
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Originally Posted by timdps View Post
So I guess all those semi-auto belt feds are not going to fly in Ohio, unless belts are not "magazines" as they are in CA.

Tim

Yep, CA smears all over it using the term "large capacity ammunition feeding devices".
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Old 07-13-2011, 1:57 PM
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Ohio AG reads that law to mean that magazines cannot be loaded to 31 rounds. Load them to 30 and you are ok.
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Old 07-13-2011, 1:58 PM
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I'm sure they'll be getting rid of such law soon.
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Old 07-13-2011, 2:04 PM
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What the FaHq?/ what big cityis in ohio? Cincinati?
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Old 07-13-2011, 2:15 PM
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So do 100rd Beta C-mags need machinegun tax stamps?
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Old 07-13-2011, 2:28 PM
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Quote:
Originally Posted by Southwest Chuck View Post
I ran across this today. Be careful if you go to Ohio with a semi-auto that "has the capability " to accept a magazine holding 31 rounds or more. The way I read this is, if there is a original or aftermarket magazine/drum even available for your firearm, (other than a .22 cal.) then, it is a felony to possess it in Ohio. Am I reading this right?

Source is HERE
Maybe I am thinking too far outside of the box here but I think you would need a firearm with a minimum of 31 barrels that could all be fired at once with one pull of the trigger in order to violate this. I mean to say, even with a fully automatic firearm a second bullet cannot be fired until the chamber is reloaded with another round. So go head and pull the trigger 100 times with your beta mags and let the firearm reload itself for you after each trigger pulled. Sounds good to me.

Maybe just a poorly written law?
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Old 07-13-2011, 5:26 PM
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Quote:
Originally Posted by CHS View Post
So do 100rd Beta C-mags need machinegun tax stamps?
You can own a Beta C in OH, but you're not legally allowed to load it with 31 rounds unless you're using it in your ATF-approved M16.
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Old 07-13-2011, 6:46 PM
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Quote:
Originally Posted by Kharn View Post
You can own a Beta C in OH, but you're not legally allowed to load it with 31 rounds unless you're using it in your ATF-approved M16.
That makes perfect sense!

Well.. As much sense as CA gun laws do
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Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
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Old 07-13-2011, 6:59 PM
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Quote:
Originally Posted by stix213 View Post
So no more Glock 9mm's in Ohio? Or do you actually have to have the 33 round factory mag for it?
Yikes, I think your initial position is correct.
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  #16  
Old 07-14-2011, 1:44 AM
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This has been the law in OH as far back as I can remember (at least to the mid-90s). They're still buying Glocks, AR15s, AKs, etc.
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Old 07-14-2011, 4:47 PM
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lol if I ever move to ohio il be sure to stock up on beta and RPK mags
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