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Posted: 2/16/2007 1:48:51 PM EST
[Last Edit: 2/18/2007 11:13:44 AM EST by bigbore]
Link Posted: 2/16/2007 2:07:31 PM EST
This should get interesting....

Any other facts surounding the case?
Link Posted: 2/16/2007 2:18:11 PM EST
Link Posted: 2/16/2007 2:56:46 PM EST
Please keep us posted on this.
Link Posted: 2/16/2007 3:03:02 PM EST
Link Posted: 2/16/2007 3:15:34 PM EST
[Last Edit: 2/16/2007 3:25:08 PM EST by gaspipes]
Is the law not fairly clear on this?
-----------------------------------------
§ 2923.11. 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.

(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

§ 2923.17. Unlawful possession of dangerous ordnance; illegally manufacturing or processing explosives.

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

(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, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

-----------------------------------

Sorry for the law cut and paste, but there may be new readers. I just don't see how there is any question that it is legal to put any kind of magazine in a legally registered NFA item such as a SBR.

Anyone who has 32 rounds in a magazine in a rifle would have to be charged under 2923.17(A) - That is possession of dangerous ordnance. That same section of code two paragraphs later exempts registered NFA items.

I don't see how this would even make it to court.
Link Posted: 2/16/2007 3:44:01 PM EST
I always knew that NFA items were exempt to the 32 round limit, and SBRs fall into the NFA catagory.
Link Posted: 2/16/2007 4:32:14 PM EST
Link Posted: 2/17/2007 12:08:46 PM EST
Is this a federal or state issue? Since when are 31+ round mag illegal in a rifle?
Link Posted: 2/17/2007 1:19:32 PM EST

Originally Posted By devildogvet:
Is this a federal or state issue? Since when are 31+ round mag illegal in a rifle?


State, its been like that for quite awhile.
Link Posted: 2/17/2007 1:49:43 PM EST
[Last Edit: 2/17/2007 1:50:36 PM EST by pita45]

Originally Posted By devildogvet:
Is this a federal or state issue? Since when are 31+ round mag illegal in a rifle?


Yes it has! I have been shooting for way to long.
I heard of the law when I was in my teens.
It came up back then with the 30 rds for M1 carbine mags.
That is what we had before the EVIL BLACK RIFLE came our way!
Yes! I still have it!
To who ever posted this....Please keep us posted.
Where did this take place in Ohio?
Just because there was PC... does not mean there was justifiable.


PITA45
Link Posted: 2/17/2007 2:15:49 PM EST
Link Posted: 2/17/2007 3:33:14 PM EST
Sounds like there are other charges also and maybe it used that as an excuse to keep the rifle. Is it more of a tack-on charge or is it the main charge? Did they take all his guns or just that one? It's a bull shit law anyway and should have been discarded years ago.
Link Posted: 2/17/2007 3:49:43 PM EST
Steve,

This law has been on the books for years. This is the first that I have ever heard of someone being charged with it. Does not that it has not happened though. Grant at G&R asked me about Beta C-Mags and I told him that by the letter of the law you cannot have one loaded in your semi auto weapon. I don't know about the NFA part though.

Lynn
Link Posted: 2/17/2007 4:43:33 PM EST
Just be glad it got changed to 31 from 21.....
Link Posted: 2/18/2007 11:24:11 AM EST
[Last Edit: 2/18/2007 11:25:33 AM EST by bigbore]
Link Posted: 2/18/2007 2:55:02 PM EST
its a state law so why is the atf even involved?
Link Posted: 2/18/2007 2:57:24 PM EST
Link Posted: 2/18/2007 3:59:54 PM EST
i understand its an sbr but i thought the problem was mag capacity. is it not a registered sbr?
Link Posted: 2/18/2007 4:19:13 PM EST
They probably sent info to ATF to verify the legal status. Of course if the guy had the stamp I don't know why this is necessary.
Link Posted: 2/21/2007 8:27:17 AM EST
Link Posted: 2/21/2007 10:13:37 AM EST


http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC



§ 2923.11. 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.


Basically in Ohio's eyes over 31 means its a machine gun.. The way I read it
Link Posted: 2/21/2007 12:56:56 PM EST

Originally Posted By bigbore:


§ 2923.11. 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.


Maybe I just cant find it, but is the "thirty-one cartridges" statement mentioned anywhere else in the ORC?


No, it is not. Ohio defines an automatic firearm(which mirrors federal law then adds the statement about 31 cartridges) then it defines later in section K of the definitions what Dangerous ordnance is. DO = automatic firearm(defined as above) sawed off firearms etc.

What you are charged with is possession of Dangerous Ordnance under 2923.17, not an illegal machinegun. 2923.17 (C)(5) states: Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

Legally papered SBR and MG can have whatever size magazine they want.

Mag capacities are not mentioned anywhere else as far as I know. Probably the reason they are not restricted. Only part of a definition of something else, but by themselves are just like any other gun part.
Link Posted: 2/22/2007 3:42:42 AM EST
[Last Edit: 2/22/2007 3:44:16 AM EST by gsxrmike]
Not trying to argue here, because I am not a legal intertripter, but when the statement reads
' "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading '

to me that means ohio considers a semi auto with a 50 rd mag an "Automatic firearm" not a dangerous ordinance. This would also bring out a matter of discussion that if you have an registered semi auto SBR, that does not mean it can be legally modified to an"Automatic firearm". Where as Ohio considers an SBR different than an "Automatic firearm". Inserting a 50 rd mag in a semi auto is an "Automatic firearm" modification.

I may be wrong in the actual use of the law, because many times that is different than the way it is written. But if you had a legal SBR I would not chance that you will always get a free pass anywhere in Ohio with a 31+ rd mag based on the logic above.

PS. on a side not I called the AG on this same subject over a year ago and his office said any firearm with a 31+ rd mag is in violation. I did not realize this until I went to have a tec 9 I purchased transfered into an ohio FFL. The FFL told me that I would need to make sure its not over 30 or he would have to contact the ATF. Since this would be a violation of Ohio law. Lucky for me the model I had ony had a 30.
Link Posted: 2/22/2007 4:01:02 AM EST
[Last Edit: 2/22/2007 4:06:39 AM EST by bigbore]
Link Posted: 2/22/2007 6:52:47 AM EST
Are you quoting that under this section



§ 2923.17. Unlawful possession of dangerous ordnance


I think we are mixing apples, I can't find anywhere in the Unlawful possession of dangerous ordnance where it even metions a reference to amunition. This law pertains to explosive devices, with a provision for registered ordinaces. I could be wrong but the federal NFA doesn't pertain to capacity isuues as it relates to firearms, other than maybe belt feed. which is a whole different issue. I'm not sure how this regulation has anything to do with a 31+ mag. since the mag itself is none explosive.

Just trying to clarify.
Link Posted: 2/22/2007 7:11:03 AM EST
My take on this has always been:

Ohio says "automatic firearms" are illegal unless NFA registered.

Ohio says 31+ rounds = "automatic firearm"

So, if you've got an NFA firearm you can have as many rounds as you like.
If you've got a title 1 gun, no more than 30 rounds.

An NFA SBR with 31 rounds in Ohio is an "automatic firearm", but legal because it is NFA registered.

Link Posted: 2/22/2007 7:42:56 PM EST
[Last Edit: 2/22/2007 7:43:33 PM EST by HK24]

Originally Posted By ArmdCtzn:


An NFA SBR with 31 rounds in Ohio is an "automatic firearm", but legal because it is NFA registered.



But it is registered as a SBR not an "automatic firearm". I am not saying you are wrong, but the area is too grey for lowly commoners like us to determine.

Lynn
Link Posted: 2/23/2007 3:20:07 AM EST
height=8
Originally Posted By HK24:
height=8
Originally Posted By ArmdCtzn:


An NFA SBR with 31 rounds in Ohio is an "automatic firearm", but legal because it is NFA registered.



But it is registered as a SBR not an "automatic firearm". I am not saying you are wrong, but the area is too grey for lowly commoners like us to determine.

Lynn




This is my point, just worded better, I think.

I don't know the federal NFA rules but is all NFA registered firearms considered a dangerous ordinance, or are they seperate. Meaning Firearms are Firearms and dangerous ordinance would be explosives or things that go boom. I have heard of the Any other Weapon provision (I think that is what its called), with all these different classifications it would seem that they all would be considered different devices.
Link Posted: 2/23/2007 3:57:26 AM EST
machine guns are dangerous ordnance, hell there is a big list of stuff thats not bomb related thats dangerous ord in ohio.
Link Posted: 2/23/2007 3:35:29 PM EST
In Ohio machineguns are a dangerous ordnance, I’ve always wondered if you applied for a dangerous ordnance permit for machinegun possession; assuming you could get any one to sign off on it, would this only protect you on the 31 round rule which is a state law feds don’t care, but would it allow you to own unregistered MGs in Ohio. Would the feds over rule and bust you in Ohio.

I would like to have a permit so when I’m at a MG shoot and slap a 75 round drum or 100 round belt in a semi I’m not braking any laws. For now I don’t do it, I make sure semis stay under 31 rounds I know it sounds stupid but I’ve got too much to lose.

Link Posted: 2/23/2007 4:36:44 PM EST
[Last Edit: 2/23/2007 4:41:14 PM EST by gaspipes]
You guys are confusing two issues. State laws and definitions and Federal Law. We are talking about State Law only. Not the definitions of Federal Law. Here is ALL of the relevant code.

You will never be charged with having an illegal machine gun under Ohio state law, or an illegal silencer or illegal sawed off shotgun. That law does not exist. Ohio further defines automatic firearms, sawed off firearms ballistic knives etc... as dangerous ordnance. Then goes on to say you are in violation unless your dangerous ordnance is registered under federal law.

§ 2923.11. Definitions.

As used in sections 2923.11 to 2923.24 of the Revised Code:

(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

(B) (1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.

(C) "Handgun" means any of the following:

(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;

(2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled.

(D) "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.

(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.

(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.

(G) "Zip-gun" means any of the following:

(1) Any firearm of crude and extemporized manufacture;

(2) Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;

(3) Any industrial tool, signalling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.

(H) "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.

(I) "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.

(J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or silencer;

6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

(L) "Dangerous ordnance" does not include any of the following:

(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;

(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;

(3) Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;

(4) Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;

(5) Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act.

(M) "Explosive" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. "Explosive" includes all materials that have been classified as class A, class B, or class C explosives by the United States department of transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. "Explosive" does not include "fireworks," as defined in section 3743.01 of the Revised Code, or any explosive that is not subject to regulation under the rules of the fire marshal adopted pursuant to section 3737.82 of the Revised Code.

§ 2923.17. Unlawful possession of dangerous ordnance; illegally manufacturing or processing explosives.

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

(B) No person shall manufacture or process an explosive at any location in this state unless the person first has been issued a license, certificate of registration, or permit to do so from a fire official of a political subdivision of this state or from the office of the fire marshal.

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

(1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person's duties;

(2) Importers, manufacturers, dealers, and users of explosives, having a license or user permit issued and in effect pursuant to the "Organized Crime Control Act of 1970," 84 Stat. 952, 18 U.S.C. 843, and any amendments or additions thereto or reenactments thereof, with respect to explosives and explosive devices lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;

(3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;

(4) Persons to whom surplus ordnance has been sold, loaned, or given by the secretary of the army pursuant to 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance when lawfully possessed and used for the purposes specified in such section;

(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, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

(6) Carriers, warehousemen, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law;

(7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit.

(D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.

(E) Whoever violates division (B) of this section is guilty of illegally manufacturing or processing explosives, a felony of the second degree.

So Ohio defines what a machine gun is. Then the further redefine it as dangerous ordnance to which they include Automatic Firearms, sawed off firearms......

Then they exempt it under the law in sec 2923.17(C)(5). Nothing else is implied. Such as if you have an SBR you can't make it an MG by using a 40 round mag. The law does not say that. It says if you have federally registered "dangerous ordnance" then you are exempt from 2923.17(A). It doesn't say anything else and doesn't imply anything else such as you can't put a 40 round mag in your SBR because it would make it a machine gun under Ohio law.

Ohio Revised Code
Link Posted: 2/23/2007 4:41:38 PM EST
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

oh snap
Link Posted: 2/23/2007 4:47:36 PM EST

Originally Posted By belchfire:
In Ohio machineguns are a dangerous ordnance, I’ve always wondered if you applied for a dangerous ordnance permit for machinegun possession; assuming you could get any one to sign off on it, would this only protect you on the 31 round rule which is a state law feds don’t care, but would it allow you to own unregistered MGs in Ohio. Would the feds over rule and bust you in Ohio.

I would like to have a permit so when I’m at a MG shoot and slap a 75 round drum or 100 round belt in a semi I’m not braking any laws. For now I don’t do it, I make sure semis stay under 31 rounds I know it sounds stupid but I’ve got too much to lose.

img297.imageshack.us/img297/8914/e461b85c7f5faa85698812905d2067.gif


There is no such thing as dangerous ordnance permit for machine gun possession. If you had an unregistered machine gun in Ohio, you would be charged under ORC 2923.17(A) and found guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree. There are no permits, there are no ways around buying a federal tax stamp for $200. plus the cost of the gun/silencer etc. If you follow and abide by Federal Law concerning the NFA, then you are legal in Ohio. If you don't, you're not.
Link Posted: 2/23/2007 7:35:42 PM EST
i think he wants to be able to put +31 mags in semi firearms.
Link Posted: 2/24/2007 3:00:44 AM EST
Link Posted: 2/24/2007 3:03:10 AM EST
Yes you can get a dangerous ordnance permit in Ohio, now has any one tried to get one for an MG? This is a state law feds don’t give a shit the permit would only cover state law over 31 = MG. I’m fully aware of the law I own MGs and have a C&R license I’ve got the book in front of me. Look at section 2923.18 (5) ; I just was thinking that if you could get a sheriff to except an MG shoot for legitimate purpose he might issue a permit. Have I tried this? No... But I’ve had a notion to try it, thought I would bring it up in this discussion to see what kind of feed back it got, I’d prefer to look like a fool on this forum than at the sheriff’s office.

I went to far to wonder if fed law would trump over state, I’m no attorney and don’t pretend to be; But thanks for the warning
Link Posted: 2/24/2007 7:27:24 AM EST

Originally Posted By bigbore:

Originally Posted By twckxbzd:
i think he wants to be able to put +31 mags in semi firearms.


Wrong turn Clyde, you missed the point of confusion.

+31 rounds in a firearm, by OH definition is a machine gun, and no longer a semi-auto. The ORC sees machine guns as dangerous ordnance. Dangerous ordnance in the NFA registry is exempt from the 31rd rule.

sorry i meant to quote gaspipes and belchfire.


672.05 LICENSE OR PERMIT TO POSSESS DANGEROUS ORDNANCE.

(a) Upon application to the Sheriff of the County or Safety Director or Police Chief of the Municipality where the applicant resides or has his or her principal place of business, and upon payment of the fee specified in division (b) of this section, a license or temporary permit shall be issued to qualified applicants to acquire, possess, carry or use a dangerous ordnance for the following purposes:

(1) Contractors, wreckers, quarry workers, mine operators and other persons regularly employing explosives in the course of a legitimate business, with respect to explosives and explosive devices acquired, possessed, carried or used in the course of such business.

(2) Farmers, with respect to explosives and explosive devices acquired, possessed, carried or used for agricultural purposes on lands farmed by them.

(3) Scientists, engineers, and instructors, with respect to a dangerous ordnance acquired, possessed, carried or used in the course of bona fide research or instruction.

(4) Financial institutions and armored car company guards, with respect to automatic firearms lawfully acquired, possessed, carried or used by any such person while acting within the scope of his or her duties.

(5) In the discretion of the issuing authority, any responsible person, with respect to a dangerous ordnance lawfully acquired, possessed, carried or used for a legitimate research, scientific, educational, industrial or other proper purpose.

(b) Application for a license or temporary permit under this section shall be in writing under oath to the Sheriff of the County or Safety Director or Police Chief of the Municipality where the applicant resides or has his or her principal place of business. The application shall be accompanied by an application fee of fifty dollars ($50.00) when the application is for a license, and an application fee of five dollars ($5.00) when the application is for a temporary permit. The fees shall be paid into the general revenue fund of the County or Municipality. The application shall contain the following information:

(1) The name, age, address, occupation and business address of the applicant, if he or she is a natural person, or the name, address, and principal place of business of the applicant if the applicant is a corporation.

(2) A description of the dangerous ordnance for which a permit is requested.

(3) A description of the places where and the manner in which the dangerous ordnance is to be kept, carried, and used.

(4) A statement of the purposes for which the dangerous ordnance is to be acquired, possessed, carried or used.

(5) Such other information as the issuing authority may require in giving effect to this section.

(c) Upon investigation, the issuing authority shall issue a license or temporary permit only if all of the following apply:

(1) The applicant is not otherwise prohibited by law from acquiring, having, carrying or using a dangerous ordnance.

(2) The applicant is 21 years of age or over, if the applicant is a natural person.

(3) It appears that the applicant has sufficient competence to safely acquire, possess, carry or use the dangerous ordnance, and that proper precautions will be taken to protect the security of the dangerous ordnance and ensure the safety of persons and property.

(4) It appears that the dangerous ordnance will be lawfully acquired, possessed, carried and used by the applicant for a legitimate purpose.

(d) The license or temporary permit shall identify the person to whom it is issued, identify the dangerous ordnance involved and state the purposes for which the license or temporary permit is issued, state the expiration date, if any, and list such restrictions on the acquisition, possession, carriage, or use of the dangerous ordnance as the issuing authority considers advisable to protect the security of the dangerous ordnance and ensure the safety of persons and property.

(e) A temporary permit shall be issued for the casual use of explosives and explosive devices, and other consumable dangerous ordnance, and shall expire within 30 days of its issuance. A license shall be issued for the regular use of a consumable dangerous ordnance, which license need not specify an expiration date, but the issuing authority may specify such expiration date, not earlier than one year from the date of issuance, as it considers advisable in view of the nature of the dangerous ordnance and the purposes for which the license is issued.

(f) The dangerous ordnance specified in a license or temporary permit may be obtained by the holder anywhere in the State. Pursuant to Ohio R.C. 2923.18(F), the holder of a license may use such dangerous ordnance anywhere in the State. The holder of a temporary permit may use such dangerous ordnance only within the territorial jurisdiction of the issuing authority.

(g) The issuing authority shall forward to the State Fire Marshal a copy of each license or temporary permit issued pursuant to this section, and a copy of each record of a transaction in a dangerous ordnance and of each report of a lost or stolen dangerous ordnance, given to the local law enforcement authority as required by Ohio R.C. 2923.20(A)(4) and (5) or a substantially similar municipal ordinance. The State Fire Marshal will keep a permanent file of all licenses and temporary permits issued pursuant to this section, and of all records of transactions in, and losses or thefts of a dangerous ordnance forwarded by local law enforcement authorities pursuant to this section.
(ORC 2923.18)
Link Posted: 2/24/2007 4:54:10 PM EST

Originally Posted By belchfire:
Yes you can get a dangerous ordnance permit in Ohio, now has any one tried to get one for an MG? This is a state law feds don’t give a shit the permit would only cover state law over 31 = MG. I’m fully aware of the law I own MGs and have a C&R license I’ve got the book in front of me. Look at section 2923.18 (5) ; I just was thinking that if you could get a sheriff to except an MG shoot for legitimate purpose he might issue a permit. Have I tried this? No... But I’ve had a notion to try it, thought I would bring it up in this discussion to see what kind of feed back it got, I’d prefer to look like a fool on this forum than at the sheriff’s office.

I went to far to wonder if fed law would trump over state, I’m no attorney and don’t pretend to be; But thanks for the warning


Well, that is an interesting point. And maybe it could be done. It seems to me a person could apply for the permit. All they could do is say no and it cost you $50. to find out.

I would think that most people would only qualify under this section of the law:

(5) In the discretion of the issuing authority, any responsible person, with respect to a dangerous ordnance lawfully acquired, possessed, carried or used for a legitimate research, scientific, educational, industrial or other proper purpose.

I imagine target shooting with a 75 round drum would be an "other proper purpose" but who knows if any sheriff would issue a permit based on that. Most of the people who have these permits are probably contrustion companies etc, who use dynamite and other explosives.
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