Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Page Hometown » Ohio
Posted: 9/16/2017 11:48:58 PM EDT
So it looks like this HPA might be gaining some legs and potentially actually come up for a vote. Could this have some potentially troubling consequences for Ohio? I'm not a lawyer, but I have a few question about suppressors as they are outlined in the ORC. Obviously there's no local/state licensing for silencers or other NFA items in Ohio but if I'm reading this correctly, and remember I'm no lawyer, I think that ORC requires suppressors to be registered into the NFRTR pursuant to the NFA.

Follow my logic and tell me I'm being crazy or paranoid here... because if this is the case, wouldn't removing silencers from being able to be registered by the ATF prevent them from being legally possessed in Ohio under the ORC.

A) silencers are "dangerous ordinance" in Ohio. See section 2923.11.K.5 ...
http://codes.ohio.gov/orc/2923.11

B) sections 1533.04.A and 2923.17.C.5 refer to the fact that dangerous ordnance (suppressors, among other things) should be registered with the NFA or NFRTR to be legally possessed under Ohio law. See sections ...
http://codes.ohio.gov/orc/1533.04
http://codes.ohio.gov/orc/2923.17

So what's the word... if the HPA passes, and if the ATF ceases the registration of silencers, does that provide a roadblock to legally possessing a silencer in Ohio?
Link Posted: 9/17/2017 12:06:15 AM EDT
[#1]
I can't speak to everything, but 1533 is in regards to hunting and says pursuant to the NFA and its amendments.
Link Posted: 9/17/2017 4:22:48 AM EDT
[#2]
Link Posted: 9/17/2017 7:51:03 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I can't speak to everything, but 1533 is in regards to hunting and says pursuant to the NFA and its amendments.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I can't speak to everything, but 1533 is in regards to hunting and says pursuant to the NFA and its amendments.
Yeah, I didn't even know 1533 existed until I looked up statutes last night... must be relatively recent law. I only remember looking at 2923 in the distant past. But since both made some mention of the NFRTR or NFA I thought I'd include them in the post.

The one I'm most worried about is the 2923 statute (which is about general possession) saying they have to be in the NFRTR (which is what the ATF actually uses to register your silencer). If the ATF no longer adds silencers to the NFRTR, it would effectively ban registration of new silencers once HPA takes effect essentially grandfathering current owners already in it. Worst case, if the ATF removes all current suppressor entries from the NFRTR as well, then any/all silencers in Ohio can't be possessed.

Quoted:
You are correct.  Ohio would also have to modify our laws to conform with the new federal standard.
Seriously? That would be a huge headache at least for a short period until laws are updated. Is anyone in buckeye firearms or in Columbus already working on an ORC fix incase the HPA passes federally?

And it's not even like you could sit quietly on your gear waiting for the fix thinking, Oh, they'll never know I have it... they're like extra registered. People who have silencers are only a few mouse clicks away and they have your info in seconds. I'm sure the ATF would love to send the Ohio AG a list of now felons. Probably put the people with small dogs at the top so they can shoot it during the no knock raid. Where's my tin foil hat!?!
Link Posted: 9/17/2017 8:19:54 AM EDT
[#4]
Depends on how the HPA modifies existing laws. Ohio law says the destructive device is registered per the federal statute and its amendments.

It's an interesting thought exercise, but I doubt anything happens federally.

Also I'm guessing Ohio isn't the only state whose laws say suppressors are illegal except for ones with the proper papers.
Link Posted: 9/21/2017 7:39:18 PM EDT
[#5]
So even if HPA passes I may not be able to play with cans. Go figure
Page Hometown » Ohio
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top