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Page Hometown » Ohio
Posted: 7/5/2003 10:04:11 PM EDT
[Last Edit: 7/5/2003 10:17:15 PM EDT by armoredsaint]
I know I asked you this before and you said 40-rds are illegal in Ohio, but I noticed places like AIM and Bushmaster will sell 40-rd mags except to CA, NJ, MD and MA. But it doesn't say Ohio, why? Is there some loophole?

Thanks!
Link Posted: 7/5/2003 10:08:31 PM EDT
No 'loophole,' those states have just banned those mags.

Here in Ohio, things aren't quite that bad yet.
Link Posted: 7/6/2003 4:15:41 AM EDT
Kinda like you can buy fireworks in Ohio, just don't set any off.
Large cap mags can be found anywhere in Ohio, supposedly, you can own them, just don't attach them to the weapon.
I believe at that point, the law is broken.
I only heard one rumor of any enforcement of that law.
Any gun capable of firing more than 31 rounds without reloading is classified as a machine gun...or words to that effect.
What says Shotar?
Link Posted: 7/6/2003 7:06:54 AM EDT

anothergene is correct. you may possess high cap mags over 30 rounds, but once put into a weapon, it is then considered a machinegun, per the Ohio Revised Code. / ""Automatic Firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single funtion of the trigger. "Automatic Firearm" also means any semi automatic 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." Ohio Revised Code Section 2923.11(E). I am currently a Deputy Sheriff and have never seen anyone prosecuted under this section, for possession of a high cap mag(31rds+), in a semi-auto.
Link Posted: 7/6/2003 7:21:20 AM EDT
Th key to the ohio law as pointed out is that the 40 round or drum mag is not in and of itself illegal to own in Ohio. Once it is added to a non NFA semi auto rifle, the combination of those two has caused the rifle to be adapted to fire more than 31 rounds without reloading thus making it an illegal machine gun under Ohio law.

Notice that when the terrorist at case western reserve was said by the news to have a machine gun, that the news media was not incorrect based on the state law covering this area.
Link Posted: 7/6/2003 7:24:37 AM EDT
ML1911, What county? I am also currently a Deputy Sheriff. Also, during the urban drug wars of the late 80s early90s we would use this as an add on charge in the inner city. The law used to limit it to 21 rounds. It was changed to accomodate the AK shooters who could only get 30 rounders at the time.
Link Posted: 7/7/2003 3:45:54 AM EDT
[Last Edit: 7/7/2003 3:47:08 AM EDT by MHPDblue]

Years ago In Garfield Hts Municipal Court I saw a case involving a tech-9 and this particular law dismissed. The guy got his tech seized on a stop (he was DUS) and he had two magazines. Both were clearly marked 30 rounds in the manual but you could cram 32 rounds into the one magazine and only 30 in the other one(apparently the arresting officer either loaded the mags or unloaded them..it wasn't my city) Anyway it got threw out.
Link Posted: 7/7/2003 3:50:32 AM EDT
AK shooters do have some clout in Ohio.
The rumor I heard was more about "intent" than actual use.
A fellow of questionable character was "follwed" into Lorain County and had a drum and an AK, both on the "same premises".
For the sake of building a case, I think that was used against him, in addition to whatever else he did, but not by itself.
Of course, I can't verify it but it sounds plausable.
And no, It wasn't me.
Link Posted: 7/7/2003 10:34:05 AM EDT
2923.11- D&E, K-1, K-5, L-2,,,,,Then follow into 2923.17- A, B-5 is my defense...

"Owners of dangerous ordnance registered in the national firearms registration and other transfer record persuuant to the act of October 22, 1968 (NFA registered)

32+ rounds in 2 of my SBRs'....
Link Posted: 7/7/2003 11:10:28 AM EDT
We are pretty much talking about off the shelf, common semi autos here. The deatails of NFA weapons being exempt from the capacity limit were already mentioned. Its a non issue for this purpose.
Link Posted: 7/9/2003 12:19:36 AM EDT
[Last Edit: 7/9/2003 12:28:46 AM EDT by russr]
but look at the wording of the law...

"Any gun capable of firing more than 31 rounds without reloading is classified as a machine gun"


that says NOTHING about mags..

ANY mag fed gun is "capable" of firing more then 31 rounds.. the fact the a 31+ round mag is made in some 3rd world country would make that gun "capable" of fireing it..
all semi auto belt fed's would fall under this as well...

wether the 100 round drum is in my gun or in cuba the gun is still "capable" of fireing it...


who ever worded this law is a asshat..


Link Posted: 7/9/2003 6:47:57 AM EDT
You are incorrect in your interpretation. Without the Mag in place the gun is capable of firing only one round without reloading. With a ten round mag in place it is capable of firing 11 rounds without reloading. With a 30 round mag in place it is capable of firing 31 rounds without reloading. The magazine is not part of the rifle under this law, it is the adapter mentioned.
Link Posted: 7/16/2003 7:37:19 PM EDT

Originally Posted By russr:
but look at the wording of the law...

"Any gun capable of firing more than 31 rounds without reloading is classified as a machine gun"


that says NOTHING about mags..

ANY mag fed gun is "capable" of firing more then 31 rounds.. the fact the a 31+ round mag is made in some 3rd world country would make that gun "capable" of fireing it..
all semi auto belt fed's would fall under this as well...

wether the 100 round drum is in my gun or in cuba the gun is still "capable" of fireing it...


who ever worded this law is a asshat..





to add to what shotar said, you are in Ohio, the hypothetical 100 round drum is in Cuba. Hard to get them together for a dance... You can take many laws to the far extreme, and say we should all be locked up for something.
Link Posted: 7/28/2003 8:28:27 PM EDT
One of the detectives I work with flat out told me that not only do most law enforcement think its a stupid law, no one follows it and no one enforces it.

That being said, I dont think that I want to try inserting a 75 round drum outside of this county, where I know all the deputies pretty well.
Link Posted: 7/31/2003 11:44:10 AM EDT
I've been thinking about this a couple days, now how hard would it be to get the law changed? I mean if the local law enforcement even thinks it is a stupid law and doesn't enforce it much wouldn't that make it easier too? So how would one go about geting ohio to look at the law again? Who would you even write to?
Link Posted: 7/31/2003 8:45:40 PM EDT
The cops in Cleveland, columbus, Cincy or anywhere else there is real Gang activity would scream bloody murder over this one. The law was in fact changed in about 1990. Prior to that time the mag limit was 20 rounds. The change was a favor to the NRA and all the AKs coming in with 30 rounders.
Link Posted: 7/31/2003 8:57:54 PM EDT
Setlab, it wouldnt be too hard as long as we could keep the Cleve, Toledo, Columbusomalia, and Cincinatababwe from being able to vote on it. As usual, a couple sewers drag an entire state down to their level.

I'd love to see the law changed. First thing I'd do is go buy a couple 75-rd. drums, and proceed to bump fire them at the local range, JUST BECAUSE I COULD.
Link Posted: 7/31/2003 9:06:51 PM EDT
Damn! Thanks for the info. I did not know that. I have two forty rndr.s
Keep them or trash them?
Link Posted: 8/1/2003 6:24:30 AM EDT
Keep them, but don't use them. The law only applies if they are actually being used in the gun. For peace of mind I'm sure you could always find a gunshow dealer that would trade you even up for two 30s.
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