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[ARCHIVED THREAD] - Ohio's magazine limit (Page 2 of 4)

Posted: 5/3/2010 1:01:11 PM EDT

[#1]

Quoted:

Quoted:
anything that is legal, are you talking varments or deer. if it's deer 3 slugs only. rimfire what ever the gun will hold for small game. say your using your ar for varmint hunting no more the 30

this. If your shooting coyotes or ground hogs, standard mags are fine... if your using a 22, a 50 round will be fine... obsurd, but legal

Now what if your using a 50 Beowulf pistol for deer? is there a limit?

*ok back on topic*

not leagal in ohio. the law states straight wall pistol catridge

beowulf is straightwalled isnt it? or does the rebated rim discount it... i was under the impression that .45 but do to the rim, are you saying its a no go?

Posted: 7/20/2010 12:05:27 PM EDT

[#2]

What about a 31 round magazine?

I want to take a standard baseplate and replace the +2 baseplate on a 33 round Glock mag. If I never chamber a round prior to inserting the mag wouldn't I be within the letter of the law?

Also can anyone post links or case names for the case law?

Posted: 7/20/2010 12:10:29 PM EDT

[#3]

Quoted:
What about a 31 round magazine?

I want to take a standard baseplate and replace the +2 baseplate on a 33 round Glock mag. If I never chamber a round prior to inserting the mag wouldn't I be within the letter of the law?

Not legal, you are still adapting the firearms to fire more than the legal limit.

Posted: 7/20/2010 12:51:06 PM EDT

[#4]

in that case what is the best way to mod the mags a dowel glued below the follower?

Posted: 7/26/2010 5:46:46 PM EDT

[#5]

Quoted:
How about we, oh I don't know, start a petition or call up Buckeye Firearms Association and talk about REPEALING THE LAW? That seams like a much better alternative than buttfucking over what the law means in arfcom.

This.
This particular law, while the only real PITA gun law in Ohio that I know of , should've been abolished long ago, as it's frakkin' stupid as hell. How many people are unknowingly breaking this law?

Posted: 8/30/2010 1:28:44 PM EDT

[#6]

Where in the law specifically does it state that an NFA firearm allows you to have 30+ round magazines in Ohio? My concern here is that I'm building an SBR that will have a 50 round magazine. I can see how a registered automatic weapon MIGHT exempt you from this law, but SBR? I'd like to see some law on this.

I called the NFA branch btw. They don't have anything specific telling me it's OK if I'm SBR.

Posted: 8/30/2010 5:46:20 PM EDT

[#7]

Quoted:
Where in the law specifically does it state that an NFA firearm allows you to have 30+ round magazines in Ohio? My concern here is that I'm building an SBR that will have a 50 round magazine. I can see how a registered automatic weapon MIGHT exempt you from this law, but SBR? I'd like to see some law on this.

I called the NFA branch btw. They don't have anything specific telling me it's OK if I'm SBR.

2923.17

(C) Division (A) of this section does not apply to:

(5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

Ohio defines SBRs and Machine Guns as " dangerous ordnance".

Posted: 8/30/2010 7:07:26 PM EDT

[#8]

Quoted:
Where in the law specifically does it state that an NFA firearm allows you to have 30+ round magazines in Ohio?
Start with the Ohio Reveised code, 2023.11 (can be found on-line, or in writing at the local library, assuming you is actually an Ohio resident that forgot to change your location from CA to OHIO).... slowly read the section and follow through all the various exemtions // guilty of // til you get to 2923.17 as Steve notes.. then follow it carefully down the Registered with NFA part.... At least some legislator managed to write something smart in 2923.17

I called the NFA branch btw.
That was a waste of long distance call, not their job to know petty state laws, their only concern is if firearm is legal in state

They don't have anything specific telling me it's OK if I'm SBR.
See above comment

Posted: 8/31/2010 10:08:37 AM EDT

[#9]

Thanks guys. Exactly what I needed.

Posted: 9/4/2010 4:03:58 PM EDT

[#10]

Does this mean Pmags are a no go? You can fit 31 in a Pmag. I have an sbr, can I only use Pmags in that?

I was considering a possible move back up north and Ohio was on the short list. PA is gaining more and more ground.

Posted: 9/4/2010 10:18:13 PM EDT

[#11]

a pmag is advertised as, sold as, and designed to be a 30 round magazine. they are GTG. even though you can squeeze that 1 extra round in there, I wouldn't do it regardless of mag capacity limits. It over-compresses the spring and will cause it to wear faster.

Posted: 9/5/2010 10:55:15 PM EDT

[#12]

Quoted:
Does this mean Pmags are a no go?

Hardly think so, Gander Mountain down the road here been loaded with P-Mags for a long time..

Posted: 9/6/2010 11:55:41 PM EDT

[#13]

Quoted:

Quoted:
anything that is legal, are you talking varments or deer. if it's deer 3 slugs only. rimfire what ever the gun will hold for small game. say your using your ar for varmint hunting no more the 30

this. If your shooting coyotes or ground hogs, standard mags are fine... if your using a 22, a 50 round will be fine... obsurd, but legal

Now what if your using a 50 Beowulf pistol for deer? is there a limit?

*ok back on topic*

not leagal in ohio. the law states straight wall pistol catridge

beowulf is straightwalled isnt it? or does the rebated rim discount it... i was under the impression that .45 but do to the rim, are you saying its a no go?

The 41 AE (rebatted rim) is on the list I have from DOW in 2006. The Beowolf is not mentioned. I would assume it would be OK in a pistol but would ask my local DOW officer before I used it.

Chad

Posted: 9/7/2010 3:10:25 PM EDT

[#14]

Quoted:
The 41 AE (rebatted rim) is on the list I have from DOW in 2006. The Beowolf is not mentioned. I would assume it would be OK in a pistol but would ask my local DOW officer before I used it.

Chad

any chance you could put that list up? maybe in a new thread. seeing as how the 41 AE is on there, it would be nice to know what other rebated rim cartridges are allowed.

Posted: 9/7/2010 7:29:59 PM EDT

[#15]

Quoted:

Quoted:
The 41 AE (rebatted rim) is on the list I have from DOW in 2006. The Beowolf is not mentioned. I would assume it would be OK in a pistol but would ask my local DOW officer before I used it.

Chad

any chance you could put that list up? maybe in a new thread. seeing as how the 41 AE is on there, it would be nice to know what other rebated rim cartridges are allowed.

When was the last time anybody seen 41AE ?? Brass is near 98% impossible to find, and no commercial ammo availabe.

Posted: 9/8/2010 9:24:57 PM EDT

[#16]

Quoted:

When was the last time anybody seen 41AE ?? Brass is near 98% impossible to find, and no commercial ammo availabe.

that isn't the point.

Posted: 1/11/2011 5:40:51 PM EDT

[#17]

Simply read the tacked link above. http://www.ar15.com/forums/topic.html?b=8&f=12&t=318417

Posted: 1/12/2011 10:03:11 PM EDT

[#18]

Any way to get this repealed?

Posted: 5/24/2011 10:23:00 AM EDT

[#19]

So if I move to OH (as it looks at this moment, OH is the next place to live) I would basically need to leave the mags for my firearms that hold more than 31 rounds, that I legally bought as a resident of another state, at a location outside of OH? Man oh man I wish I were going back to Bama now.

Posted: 5/24/2011 10:45:23 AM EDT

[#20]

Quoted:
So if I move to OH (as it looks at this moment, OH is the next place to live) I would basically need to leave the mags for my firearms that hold more than 31 rounds, that I legally bought as a resident of another state, at a location outside of OH? Man oh man I wish I were going back to Bama now.

You can own the magazines, you just can't use them in any NON NFA weapon.

Posted: 5/24/2011 7:29:52 PM EDT

[#21]

Quoted:

Quoted:
So if I move to OH (as it looks at this moment, OH is the next place to live) I would basically need to leave the mags for my firearms that hold more than 31 rounds, that I legally bought as a resident of another state, at a location outside of OH? Man oh man I wish I were going back to Bama now.

You can own the magazines, you just can't use them in any NON NFA weapon.

Can they be used, just not loaded to their full capacity?

Posted: 5/24/2011 7:32:43 PM EDT

[#22]

Quoted:

Quoted:

So if I move to OH (as it looks at this moment, OH is the next place to live) I would basically need to leave the mags for my firearms that hold more than 31 rounds, that I legally bought as a resident of another state, at a location outside of OH? Man oh man I wish I were going back to Bama now.

You can own the magazines, you just can't use them in any NON NFA weapon.

Can they be used, just not loaded to their full capacity?

no

Posted: 6/8/2011 11:40:11 PM EDT

[#23]

Can they be used, just not loaded to their full capacity?

I believe magazines of any size are fine, you just cannot have more than 30 rounds in them; same idea with belts, or drums, or a helical mag (for the Calico).

If I'm wrong about that I'd like to know exactly where it says that in current law.

Posted: 6/9/2011 8:15:32 AM EDT

[#24]

Quoted:

Can they be used, just not loaded to their full capacity?

I believe magazines of any size are fine, you just cannot have more than 30 rounds in them; same idea with belts, or drums, or a helical mag (for the Calico).

If I'm wrong about that I'd like to know exactly where it says that in current law.

You cannot legally put a magazine with a capacity over 30rds in a NON NFA gun. Doing so "adapts" the weapon to fire more than 31 rounds without reloading - regardless of the number of rounds actually loaded in the mag.

If you read this thread, its covered several times on the first page

RC 2323.11 Weapons Control Definitions

(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.

Posted: 6/9/2011 8:26:15 PM EDT

[#25]

Quoted:

Can they be used, just not loaded to their full capacity?

I believe magazines of any size are fine, you just cannot have more than 30 rounds in them; same idea with belts, or drums, or a helical mag (for the Calico).

If I'm wrong about that I'd like to know exactly where it says that in current law.

You cannot legally put a magazine with a capacity over 30rds in a NON NFA gun. Doing so "adapts" the weapon to fire more than 31 rounds without reloading - regardless of the number of rounds actually loaded in the mag.

If you read this thread, its covered several times on the first page

RC 2323.11 Weapons Control Definitions

(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.

<sigh>

Thank you.

This is just so dumb.

Maybe we can get a bill passed, or attach it to some CHL legislation, to fix this.

Posted: 6/20/2011 7:59:33 AM EDT

[#26]

Quoted:

Can they be used, just not loaded to their full capacity?

I believe magazines of any size are fine, you just cannot have more than 30 rounds in them; same idea with belts, or drums, or a helical mag (for the Calico).

If I'm wrong about that I'd like to know exactly where it says that in current law.

You cannot legally put a magazine with a capacity over 30rds in a NON NFA gun. Doing so "adapts" the weapon to fire more than 31 rounds without reloading - regardless of the number of rounds actually loaded in the mag.

If you read this thread, its covered several times on the first page

RC 2323.11 Weapons Control Definitions

(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.

Yeah, I read the thread before, no need to get testy. There is law and there is case law. You're only looking at "law". All the case law I have seen says you can use a magazine with any capacity as long as only 30 rounds are present in the magazine at the time it is inserted, or near, the NON NFA firearm. Talk to a lawyer specializing in gun laws if you don't believe me. Unless you can find particular case that supports your position you're just guessing. Believe it or not case law is just as important as written laws.

That said, we should get rid of this stupid law just so we can stop talking about it online.

Posted: 9/27/2011 4:54:59 PM EDT

[#27]

Quoted:

Quoted:
What about a 31 round magazine?

I want to take a standard baseplate and replace the +2 baseplate on a 33 round Glock mag. If I never chamber a round prior to inserting the mag wouldn't I be within the letter of the law?

Not legal, you are still adapting the firearms to fire more than the legal limit.

I still argue against this quite often with the 31 round Glock mags. You can not chamber a round in a Glock and shoot 32 rounds without "reloading" the mag back to 31 rounds. So, in my crazy head that tells me a "Glock 18" mag with the + baseplate swapped for a normal baseplate would make it GTG. You can only fire 31 rounds before having to "reload" the weapon. I understand you can fire 32 if you chamber a round, then RELOAD the mag to 31 rounds. Seems like a gray area for sure.

I'm sure many will disagree, however to me the logic is sound in my argument

Posted: 9/29/2011 12:27:13 PM EDT

[#28]

Any attempts to get this law repealed yet? I ask because we need a model of success to follow in other states afterwards.

Posted: 10/25/2011 9:46:57 AM EDT

[#29]

I am going to talk to my state rep about this, and see if there is any reasonable chance he can see to throw it into some legislation. No promises, he's a fairly new representative.

I am also going to draft up a request form for a permit under R.C. 2923.18. Once I have something worked up, I might be able to share it.

For what it is worth, I am licensed to practice law in Ohio, but I don't do the private practice thing, so I don't want to have any issues with giving official legal advice without the proper coverage.

Posted: 10/25/2011 7:34:22 PM EDT

[#30]

Just everyone go out and buy a machine gun or two and this will be a non issue! This is such a simple solution.

Posted: 1/4/2012 11:53:01 AM EDT

[#31]

What about a Pre 89 rifle and a Pre 89 drum? Or a Pre 89 drum? Technically they can't retroactively ban something.

Posted: 2/24/2012 12:21:52 AM EDT

[#32]

Quoted:
I am going to talk to my state rep about this, and see if there is any reasonable chance he can see to throw it into some legislation. No promises, he's a fairly new representative.

I am also going to draft up a request form for a permit under R.C. 2923.18. Once I have something worked up, I might be able to share it.

For what it is worth, I am licensed to practice law in Ohio, but I don't do the private practice thing, so I don't want to have any issues with giving official legal advice without the proper coverage.

Any updates?Would be nice to get this outdated definition thrown out.

Posted: 2/28/2012 2:04:00 PM EDT

[#33]

with the glock 18 mags I have always just removed the standard expansion baseplate with one of my standard glock mag base as others have stated works for me and I am comfy that I will not be prosecuted for it. I do not conceal carry those mags.

Posted: 7/4/2012 3:32:22 AM EDT

[#34]

Well shit, looks like I need to file for one of these dangerous ordnance permits since I own a belt fed machine gun thats simi auto since the links are perm linked togeather in groups of 50

Posted: 8/6/2012 1:35:11 PM EDT

[#35]

I can't find the ORC for the mag limit. Some one posted 2323.11 I can't find that code. I found 2923.17 which talks about the dangerous ordance. Which is what my SBR is considered so I hear.

Edit: found 2923.11which says a semi-automatic firearm is a automatic firearm if it is designed or specially adapted to fire more then 31 rounds with out reloading. 2923.11 also says a automatic firearm is a Dangerous Ordnance. Move on to 2923.17 that you can have a D.O. if it is register in the NFA registration.

I think I understand it now.

Posted: 8/7/2012 11:32:50 AM EDT

[#36]

Quoted:
with the glock 18 mags I have always just removed the standard expansion baseplate with one of my standard glock mag base as others have stated works for me and I am comfy that I will not be prosecuted for it. I do not conceal carry those mags.

I believe that's still a 31 round mag without the +2 plate on it.

Posted: 12/24/2012 5:37:02 AM EDT

[#37]

Excuse me,but in all honesty,REALLY!!!!!!!!!!!!!!,who follows these regulations pertaining to semi-automatic military style firearms.Oh,forgive me,I forgot that semi-automatics are now automatics,depending on type of ammunition feeding aparratus,if Im correct?.I understand that we all want to be good stewerds of the shooting population,good citizens/minions in our communitys,and Im coming across as a ignorant, biligerent lonewolf lawbreaker.I am sorry,but the people of this United States of America have become a society far to willing to ruled ,regulated,signed into law,a nation of submissive/subserviant persons who just want to exist

,NOT LIVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!.Oh Lord Jesus,give me the strength ,wisdom and forethought to step up my political activism up a few notches

.

Posted: 2/24/2013 1:10:39 AM EDT

[#38]

I asked this question in the legal section, but no joy yet. Does anyone have any idea when the code was revised to limit mags to 31+ rounds? I'm not concerned with the details or justification, I just need to know the year the code was revised. It would appear it was in 93-94 based on what I am seeing on google, but info is SPARSE.

Also, prior to the code change, the limit was apparently 21+ rounds. Anyone have any idea when THAT went info effect? I need this info for a research proposal I am writing related to hicap mag ban effectiveness and AWBs. Any help at all would be appreciated!

Posted: 6/5/2013 9:41:12 AM EDT

[#39]

House Bill 191 fixes this!
Just introduced - Link to Bill

Call, write, whatever your reps! If they are a Co/Sponsor, thank them!

Posted: 6/5/2013 9:53:01 AM EDT

[#40]

Quoted:

House Bill 191 fixes this!

Just introduced - Link to Bill

Call, write, whatever your reps! If they are a Co/Sponsor, thank them!

Hallelujah!

Posted: 6/5/2013 11:07:31 PM EDT

[#41]

Awesome!!!

We need to start hammering our reps now, and don't let up until this thing passes!

Posted: 6/6/2013 7:14:29 AM EDT

[#42]

Sent an email yesterday

Posted: 6/6/2013 5:54:41 PM EDT

[#43]

Bout time!!

Email sent!!

Posted: 6/21/2013 3:11:47 AM EDT

[#44]

My rep is a co sponser.

Posted: 8/5/2013 12:13:53 AM EDT

[#45]

So whats the news on this? Did it get repealed or not?

Posted: 10/3/2013 3:57:38 PM EDT

[#46]

Today I feel compelled to remind the readership that the Ohio 31 - round mag ban still exists.

Please don't put your whole life in jeopardy by possessing these mags along with a weapon they will work in, unless you have an NFA weapon or a DD permit from your Sheriff.

The caselaw everyone wants to rely on (and I've cited before) is a ten-year-old case from Cuyahoga county (meaning it's only actually binding in Cuyahoga County). And even it isn't that strong. The conclusion quoted below, along with the sometimes expressed discretion of favorable law enforcement officials is the only thing between you and a felony indictment.

To criminalize the possession of a weapon that has the capability of being used in a lawful manner is illogical and therefore unreasonable. Appellant in this case testified that the fifty-one round clip was not attached to the weapon and that he never had the opportunity to use the weapon at issue because it had only been recently purchased. Had the evidence shown otherwise, the result may have been different. Nonetheless, that is not the case here.

View Quote

State v. Rogers, 8 Dist 2004.

The bold part means that ... had anyone not believed him, or had there been marks on the mag indicative of insertion, or 1,000 other things that might let an anti come after you... you're screwed. And the 'had the evidence shown otherwise' is language that opens up the indictment process so that one may 'let the jury decide.'

While 'having the jury decide' is preferable to having some antigun judge decide, it is decidedly less preferable than not getting charged with a crime in the first place.

Keep safe.

Posted: 10/19/2013 1:06:45 AM EDT

[#47]

Quote History

Quoted:
So whats the news on this? Did it get repealed or not?

View Quote

Posted: 10/20/2013 4:56:57 PM EDT

[#48]

I saw a major retailer selling 40-round PMAG Generation 3 in Columbus over the weekend. They also carry 90-round drum for AR 15 on their shelf.

Posted: 10/21/2013 5:02:02 PM EDT

[#49]

Quote History

Quoted:

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
So whats the news on this? Did it get repealed or not?

Really? The post immediately preceding yours answered that question. Let me paraphrase for those unwilling to read a paragraph: IT STILL EXISTS.

Posted: 10/21/2013 5:55:37 PM EDT

[#50]

Quote History

Quoted:
I saw a major retailer selling 40-round PMAG Generation 3 in Columbus over the weekend. They also carry 90-round drum for AR 15 on their shelf.

View Quote

They've been selling them around here for years, that doesn't mean that they are legal to use.

[ARCHIVED THREAD] - Ohio's magazine limit (Page 2 of 4)

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