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Ohio

Summary of State Firearms Law

 

Last updated April 14, 2010.

LOCAL LAWS
Where local regulations exist on a particular policy, the local ordinance symbol appears next to that policy heading. For details, click the appropriate symbol, or go to the Ohio Local Ordinance Summary index.

Overview

Ohio has enacted few gun violence prevention laws. Among other things, Ohio does not:

  • Require that prospective purchasers of a firearm undergo a background check prior to a private firearm transfer (i.e., a transfer by someone who is not a federally licensed firearms dealers) or otherwise regulate private sales;

  • License or regulate firearms dealers;

Ohio also requires local law enforcement to issue a license to carry a concealed firearm to any applicant who meets certain basic qualifications.

Ohio provides local jurisdictions some authority to regulate firearms, but the scope of this authority is in question due to recent legislation and litigation.  Please see the summary on Ohio Local Regulatory Authority for detailed information.

Statistics

Gun Deaths in Ohio

In 2006, 1,114 people died from firearm-related injuries in Ohio.1


Crime Guns in Ohio

In 2008, Ohio ranked 13th among the states in terms of number of crime guns supplied to other states per capita.2

In 2008, 10,772 firearms were recovered in Ohio and traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these firearms, 5,497 were originally sold by gun dealers in Ohio.3

Number of Federally Licensed Firearms Dealers in Ohio

There are 1,978 federally licensed firearms dealers and pawnbrokers in Ohio.4

State "Right to Bear Arms"

Ohio’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more detailed information.

Local Authority to Regulate Firearms

 

Ohio law grants authority to local jurisdictions to regulate firearms, but limits local regulation of guns in certain areas. See State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

 

Prohibited Purchasers Generally

 

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Similarly, Ohio prohibits the following persons from purchasing or possessing firearms:

  • Fugitives from justice;

  • Persons under indictment for or convicted of any violent felony offense, or who have been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a violent felony offense;

  • Persons under indictment for, or convicted of, a drug offense (or adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a drug offense);

  • Persons who are “drug dependent, in danger of drug dependence” or chronic alcoholics; or

  • Persons under adjudication for mental incompetence, adjudicated as a mental defective, committed to a mental institution, found to be mentally ill subject to hospitalization by court order, or involuntary mentally ill patients.5

Ohio law also restricts sales to young people.6

Ohio has no law preventing the purchase or possession of firearms by violent misdemeanants or persons subject to domestic violence restraining orders.

For information on the background check process used to enforce these provisions, see the Ohio Background Checks section.

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

 

Minimum Age to Purchase / Possess

 

Ohio prohibits the purchase of a firearm by any person under age 18, and the purchase of a handgun by any person under age 21.7

Ohio provides no minimum age for the possession of firearms, although federal age restrictions still apply.

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

 

Domestic Violence & Firearms

 

Ohio has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition.  Ohio also has no law prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition.8 Federal law, however, prohibits the purchase and possession of firearms and ammunition by certain domestic abusers.

Neither federal nor Ohio law requires the removal or surrender of firearms at the time a domestic violence protective order is issued.

When a court issues an order of protection, Ohio law requires the court to provide the parties to the order with the following notice, orally or in a form:

          “NOTICE

As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8).  If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.”9

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Ohio law requires a police officer who is responding to the scene of an alleged incident of domestic violence or a violation of a protection order to seize any weapon used, brandished, or threatened to be used in the incident.10 Seized firearms must be given permanently to law enforcement, sold at public auction, or destroyed.11

Reporting of Domestic Violence Information for Use in Firearm Purchaser Background Checks

Ohio maintains automated data on domestic violence misdemeanors on a statewide network, and Ohio counties maintain data on domestic violence protection orders. This information about protection orders is submitted to the FBI for inclusion in the National Crime Information Center file, which is checked as part of all background checks.12

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

 

Disarming Prohibited Persons

 

Ohio has no law requiring the removal of firearms from persons legally prohibited from possessing firearms, except that a police officer who is responding to an alleged violation of a protection order must seize any weapon used, brandished or threatened to be used in the incident.13

Sales & Transfers

 

Background Checks

 

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Ohio is not a point of contact state for the NICS.  Ohio has no law requiring firearms dealers to initiate background checks prior to transferring a firearm.  As a result, in Ohio, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.14

Ohio law does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See Regulating Guns in America:  Private Sales.

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

 

Mental Health Reporting

 

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”15 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers. Ohio also has no laws requiring the reporting of mental health information to NICS. Ohio collects mental health information, but state law requires that it be utilized only in connection with the issuance of concealed weapons permits.16

For general information on the background check process and categories of prohibited purchasers or possessors, see the Ohio Background Checks section and the section entitled Ohio Prohibited Purchasers Generally.

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

 

Multiple Purchases / Sales of Firearms

 

Ohio imposes no restrictions on purchases or sales of multiple firearms.

See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

 

Retention of Sales / Background Check Records

 

Ohio has no laws requiring the retention of records of firearm sales or background checks for firearm sales.

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

 

Waiting Periods

 

Ohio has no law imposing a waiting period prior to the sale of a firearm.

See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

Gun Dealers & Other Sellers

 

Dealer Regulations

 

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Ohio has no law requiring firearms dealers to obtain a state license or permit.  However, firearms dealers are subject to state laws governing gun sales generally.

Ohio law provides that when selling any firearm, a federally licensed firearms dealer must offer for sale a trigger lock, gun lock, or gun locking device appropriate for the firearm being sold.17 A related federal law prohibits dealers from selling handguns without a secure gun storage or safety device.

The Ohio Department of Public Safety is required to prepare a poster and a brochure that describe safe firearms practices, and must furnish the poster and brochure free of charge to each federally licensed firearms dealer.18

Ohio has no law requiring dealers to conduct a background check on prospective firearm purchasers, although the federal background check requirement applies.

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

 

Private Sales

 

Ohio has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. the only laws Ohio has enacted regarding such "private sales" of guns restrict sales to young people.

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

 

Gun Shows

 

Ohio has no laws that apply specifically to gun shows. See the Ohio Private Sales section for state laws that apply to all gun sales.

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Immunity Statutes

 

Ohio law prevents any member of the firearms industry from being held liable for damages or from being subject to an injunction as a result of the operation or discharge of a firearm.  This rule does not apply, however, if the industry member operated or discharged the firearm that resulted in the harm in a tortious manner, or if the industry member sold, lent, gave, or furnished the firearm illegally. This rule also does not apply to a product liability action, or an action for breach of contract or breach of an express warranty.19

Ohio provides limited immunity for owners, operators or users of a shooting range.20

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

 

Gun Owner Responsibilities

Licensing of Gun Owners / Purchasers

Ohio has no law requiring gun owners or purchasers to obtain a license.

See Regulating Guns in America:  Licensing of Gun Owners or Purchasers for a comprehensive discussion of this issue.

Registration of Firearms

Ohio has no law requiring the registration of firearms.

See Regulating Guns in America:  Registration of Firearms for a comprehensive discussion of this issue.

Reporting Lost or Stolen Firearms

Ohio requires that a firearm owner report “forthwith” the loss or theft of any firearm in the person’s possession or under the person’s control.21

See Regulating Guns in America:  Reporting Lost or Stolen Firearms for a comprehensive discussion of this issue.

Firearms in Public Places

 

Concealed Weapons Permitting

 

Ohio does not prohibit a person from carrying a concealed handgun in public if the person has a license. A person who knowingly carries concealed on the person or concealed "ready at hand" a handgun without a license is criminally liable for a misdemeanor.22

Ohio is a "shall issue" state, meaning that local law enforcement must issue a license to carry a concealed handgun if an applicant meets certain qualifications. Ohio defines a handgun as "[a]ny firearm that has a short stock and is designed to be held and fired by the use of a single hand." Any combination of parts from which a handgun can be assembled is also considered a handgun.23

A concealed handgun license applicant will not be granted a license unless he or she:

  • Is legally living in the United States and has been an Ohio resident for at least 45 days and a resident of the county in which he or she is applying, or the adjacent county, for at least 30 days;

  • Is at least 21 years of age;

  • Is not a fugitive from justice;

  • Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a felony;

  • Is not under indictment for, and has not been charged with, a misdemeanor offense of violence and, within the three years prior to the application, has not been convicted of, or pled guilty to, a misdemeanor offense of violence (with certain exceptions);

  • Is not under indictment for, and has not been charged with: 1) negligent assault with a dangerous ordnance (which includes an automatic or sawed-off firearm, zip-gun, any firearm or ammunition designed for military purposes, firearm muffler or silencer, or any combination of parts intended for converting a firearm or other device into a dangerous ordnance) or deadly weapon; or 2) falsification or alteration of a license to carry a handgun;

  • Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a drug offense;

  • Has not, within the five years prior to the application, been convicted of, pled guilty to, or adjudicated a delinquent child for committing two or more acts of assault or negligent assault with a dangerous ordnance or deadly weapon;

  • Has not, within the ten years prior to the application, been convicted of, pled guilty to, or adjudicated a delinquent child for resisting arrest;

  • Has not been adjudicated as a mental defective, committed to a mental institution, or found by a court to be mentally ill subject to hospitalization, and is not under adjudication of mental incompetence or an involuntary patient at any hospital for purposes of mental health treatment (see the Ohio Mental Health Reporting section);

  • Is not subject to a protection order of any state;

  • Is not subject to suspension of a license to carry a concealed handgun;

  • Certifies that he or she desires to carry a handgun for defense of self or family while engaged in lawful activity;

  • Submits a certificate of completion of a firearms safety training course;

  • Certifies that he or she has read the firearms safety pamphlet prepared by the Ohio Peace Officer Training Commission ("Commission"); and

  • Is not subject to suspension of a license to carry a concealed handgun for violating certain state concealed weapons laws).24

Firearm Safety Training

To obtain a license, an applicant must complete a training course that demonstrates competency in firearm use and safety, and must provide evidence of completion of such training course with his or her application.25  The competency certification must have occurred within the three years immediately preceding the application.26

Each acceptable course, class, or program must include at least 12 hours of training in the safe handling and use of a firearm, and include:

  • At least 10 hours of training on the ability to:

    • Name, explain, and demonstrate the rules for safe handling of a handgun and proper storage practices for handguns and ammunition;

    • Demonstrate and explain how to handle ammunition in a safe manner;

    • Demonstrate the knowledge, skills, and attitude necessary to shoot a handgun in a safe manner; and

    • Gun handling training; and

  • At least two hours of training that consists of range time and live-fire training.27

The applicant must also pass a competency examination that includes:

  • A written section on the ability to name and explain the rules for the safe handling of a handgun and proper storage practices for handguns and ammunition; and

  • A physical demonstration of competence in the use of a handgun and in the rules for safe handling and storage of a handgun and a physical demonstration of the attitude necessary to shoot a handgun in a safe manner.28

An individual may also obtain a temporary emergency license to carry a concealed handgun. These licenses area valid for up to 90 days, may not be renewed, and may only be obtained once every four years.29

Duration & Renewal

A license to carry a concealed handgun is valid for up to five years if issued on or after March 14, 2007.30  A license issued before that date is valid for up to four years.31

Disclosure or Use of Information

Ohio does not allow the identity of concealed handgun applicants to be made public. Ohio law requires a sheriff to destroy all records created for a background check 20 days after conducting a check for a license application. Sheriffs may retain only the application itself.32

Ohio law also provides that a sheriff's records relative to the issuance, renewal, suspension or revocation of a license to carry a concealed handgun are confidential and not public records.33 A journalist may submit to the sheriff a signed, written request to view the name, county and date of birth of each person who has been issued a license to carry a concealed handgun or had such a license suspended or revoked.34 The request must include, among other things, a statement that the information would be in the public interest. The sheriff must comply with the request but a journalist “shall not copy the name, county of residence, or date of birth of each person to or for whom the sheriff has issued, suspended, or revoked” such a license.35

Reciprocity

Ohio requires the Attorney General to enter into a reciprocity agreement with any state that recognizes a license to carry a concealed handgun issued in Ohio and has eligibility requirements for a concealed handgun license that are "substantially comparable" to those of Ohio.36

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

 

Open Carrying

 

Ohio does not prohibit the open carrying of firearms in public.

 

Location Restrictions

  Guns in Vehicles

Ohio prohibits any person from knowingly transporting or having in a motor vehicle a loaded firearm that is accessible to the operator or any passenger who has not left the vehicle.37 In addition, no person shall knowingly transport or have a firearm in a motor vehicle, unless the gun is unloaded and the firearm is carried:

  • In a closed package, box, or case;

  • In a compartment that can be reached only by leaving the vehicle;

  • In plain sight and secured in a rack or holder made for the purpose; or

  • If the firearm is at least 24 inches in overall length and the barrel is at least 18 inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.38

The state prohibits the knowing transportation of a loaded handgun in a motor vehicle if the possessor is under the influence of any alcohol or drug, or the person’s blood, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle.39

In addition, Ohio prohibits a concealed handgun licensee from knowingly transporting or having a loaded handgun while in a motor vehicle unless it is:

  • In a holster on the person; or

  • In a closed case, bag, box, or other container that is in plain sight and that has a lid, cover or closing mechanism with a zipper, snap, or buckle which must be opened to access the handgun; or

  • Securely encased in a closed, locked glove compartment or in a locked case.40

A concealed handgun licensee transporting a loaded handgun in a motor vehicle being operated on a street, highway or public property may not knowingly:

  • Remove or attempt to remove the handgun from where it is stored;

  • Grasp or hold the handgun; or

  • Have contact with the handgun.41

Ohio law prohibits the operation of a snowmobile, off-highway motorcycle, or all-purpose vehicle while the operator is transporting any firearm unless the firearm is unloaded and securely encased.42

Finally, Ohio prohibits any person from knowingly transporting or having a loaded firearm in a watercraft vessel if the firearm is accessible to the operator or any passenger.43  Persons are also prohibited from knowingly transporting or having a firearm in a vessel unless it is unloaded and carried: a) in a closed package, box, or case; or b) In plain sight with the action opened or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or that cannot easily be stripped, in plain sight.44

Guns in Schools

Ohio prohibits any person from knowingly possessing a firearm in a “school safety zone.”45 Ohio also prohibits the knowing possession in a school safety zone of any object indistinguishable from a firearm, whether or not it is capable of being fired, if the possessor indicates that he or she possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.46  A “school safety zone” consists of any school, school building, school premises, school activity or school bus.47

The superintendent of schools of a city, exempted village, or local school district must expel a pupil from school for a period of one year if the pupil brings a firearm to a school operated by the board of education of the district or onto any other property owned or controlled by the board.48 The superintendent may expel a pupil from school for a period of one year for bringing a firearm to an interscholastic competition, an extracurricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the district.49 The superintendent may reduce these disciplinary actions on case-by-case bases in accordance with board policy.50

See LCAV’s policy page on Guns in Schools for further information.

Other Location Restrictions

Regardless of whether or not he or she has been issued a concealed handgun license, no person may possess a firearm in the following locations:

  • A law enforcement office or correctional institution;51

  • An airport passenger terminal;52

  • A facility operated by the Ohio Department of Mental Health;53

  • Any room or open air arena in which liquor is being served on premises for which a liquor license has been issued54 (this prohibition does not apply to concealed weapons permit holders in certain retail stores, if the gun possessor is not consuming liquor or under the influence of alcohol or a drug of abuse);55

  • A school safety zone (with limited exceptions);56

  • A courthouse or building in which a courtroom is located (with limited exceptions);57

  • Premises owned or leased by a college, university or other institution of higher education, unless the handgun is in a locked motor vehicle;58

  • A place of worship, unless the place of worship posts notice or otherwise permits concealed handguns;59

  • A child day-care center or family day-care home, except that a licensee who resides in a family day-care home may carry a handgun in any part of the home not used for day-care purposes.  He or she may carry a handgun in any part of the home that is used for day-care purposes at a time during which no children, other than the licensee’s own children, are in the home;60

  • An aircraft that is in operation or intended for operation in foreign, interstate, or intrastate air transportation or mail transportation;61

  • Any building that is a government facility of the state or political subdivision of the state and not used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility;62

  • Any place in which federal law prohibits the carrying of a handgun;63

  • Any privately-owned land or premises, or land or premises leased from Ohio or the United States or political subdivisions of Ohio or the United States, upon which the owner, lessee, or person in control posts a sign prohibiting persons from carrying firearms onto the land or premises.64

Ohio has no law prohibiting firearms in:

  • Parks;

  • Hospitals;

  • Gambling facilities; or

  • Polling places.

Consumer & Child Safety

 

Design Safety Standards for Handguns

 

Ohio has no law imposing design safety standards on handguns.

According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Ohio’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.65

See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

 

Locking Devices

 

Ohio law provides that when selling any firearm, a federally licensed firearms dealer must offer for sale a trigger lock, gun lock, or gun locking device appropriate for the firearm being sold.66 (A related federal law prohibits dealers from selling handguns without a secure gun storage or safety device.)

See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

 

Personalized / Owner-Authorized Firearms

 

Ohio does not require firearms to be personalized.

See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

 

Child Access Prevention

 

Ohio has no law specifically penalizing those who allow children access to firearms.

See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Classes of Weapons / Ammunition

 

Assault Weapons

 

Ohio has no law regulating assault weapons.

See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

 

Large Capacity Ammunition Magazines

 

Ohio has no law regulating large capacity ammunition magazines.

See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

 

Fifty Caliber Rifles

 

Ohio has no law regulating fifty caliber rifles.

See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

 

Machine Guns / Automatic Firearms

 

Ohio prohibits any person from knowingly acquiring, having, carrying, or using any dangerous ordnance.67 "Dangerous ordnance" includes any automatic firearm or any combination of parts that is intended by the owner for use in converting any firearm into a dangerous ordnance.68 "Automatic firearm" means "any firearm designed or specially adapted to fire a succession or cartridges with a single function of the trigger."69

Certain persons are exempt from this prohibition, including owners of dangerous ordnance registered in the national firearms registration and transfer record, and holders of an Ohio-issue license or temporary permit to acquire, possess, carry or use dangerous ordnance.70

An Ohio license or temporary permit may be issued to qualified applicants to acquire, possess, carry, or use dangerous ordnance for, among other purposes: 1) bonafide research or instruction by scientists, engineers, and instructors; 2) financial institution and armored car company guards while acting within the scope of the guard's duties; or 3) any legitimate research, scientific, educational, industrial, or other proper purpose by a "responsible person," at the discretion of the issuing authority.71

The issuing authority shall issue a license or temporary permit only if all of the following apply:

  • The applicant is not otherwise prohibited by law from acquiring, having, carrying or using dangerous ordnance;

  • The applicant is age 21 or over, if he is a natural person;

  • 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; and

  • The dangerous ordnance will be lawfully acquired, possessed, carried, and used by the applicant for a legitimate purpose.72

The dangerous ordnance specified in a license or temporary permit may be obtained by the holder anywhere in Ohio.73 The holder of a license may use such dangerous ordnance anywhere in Ohio, while a temporary permit holder may use such dangerous ordnance only within the territorial jurisdiction of the issuing authority.74

When acquiring, possessing, carrying, or using any dangerous ordnance, no person may negligently fail to take proper precautions to: 1) secure the dangerous ordnance against theft; 2) secure acquisition or use of dangerous ordnance by any unauthorized or incompetent person; and 3) insure the safety of persons and property.75

See LCAV’s policy page on Machine Guns for further information.

 

Non-Powder Guns

 

Ohio has no law regulating non-powder guns.

See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

 

Ammunition Regulation

 

See Ohio Administrative Code 1301:7-7-33 for regulations pertaining to the storage and display of black powder and smokeless propellants.

Ohio does not:

  • Require a license for the sale of ammunition;

  • Require sellers of ammunition to maintain a record of the purchasers;

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Investigating Gun Crimes

 

Microstamping / Ballistic Identification

 

Ohio has no law regarding firearm microstamping or ballistic identification.

See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

 

Trafficking

 

Ohio does not specifically regulate firearms trafficking.

State Links

Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbus Field Division (OH, IN)

 

Attorney General’s Office, State of Ohio

 

Ohio Coalition Against Gun Violence

Footnotes

 

1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2008: Ohio, at http://www.atf.gov/statistics/download/trace-data/2008/2008-trace-data-ohio.pdf.

4. Federal firearms licensee totals for Ohio as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

5. Ohio Rev. Code Ann. § 2923.13(A).

6. Ohio Rev. Code Ann. § 2923.211(A), (B).

7. Id.

8. As part of granting a domestic violence protection order or agreement, a court may grant any appropriate and equitable relief, but state law does not specify whether a firearm prohibition is permissible. See Ohio Rev. Code Ann. § 3113.31(E)(1)(h).

9. Ohio Rev. Code Ann. § 3113.31(F)(2).

10. Ohio Rev. Code Ann. § 2935.03(B)(3)(h).

11. Ohio Rev. Code Ann. § 2981.12(A)(2).

12. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 52 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

13. Ohio Rev. Code Ann. § 2935.03(B)(3)(h).

14. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 52 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

15. 18 U.S.C. § 922(d)(4)

16. Ohio Rev. Code Ann. §§ 2923.129(B)(1), 5122.311. Ohio Admin. Code 109:5-3-01.

17. Ohio Rev. Code Ann. § 2923.25.

18. Ohio Rev. Code Ann. § 5502.63.

19. Ohio Rev. Code Ann. § 2305.401(B)."Member of the firearms industry" means any manufacturer, dealer, or importer of firearms, firearms components, or firearms ammunition or any trade association the members of which, in whole or in part, are manufacturers, dealers, or importers of firearms, firearms components, or firearms ammunition.Ohio Rev. Code Ann. § 2305.401(A)(4), (C)(2), (3). This statute also applies to tort or other civil actions commenced on or after the effective date of this section, or commenced prior to and pending on the effective date of this section, for damages or injunctive relief based upon harm allegedly sustained by any person as a result of the operation or discharge of a firearm. Ohio Rev. Code Ann. § 2305.401(D).

20. Owners, operators, or users of a shooting range are not liable in damages to any person for harm allegedly caused by noise at a range or the failure to limit or suppress noise at a range if the owner, operator, or user substantially complies with noise rules prescribed by the Chief of the Division of Wildlife (“Chief”). Ohio Rev. Code Ann. § 1533.85(A)(1), (2). These provisions do not confer immunity from civil liability in relation to an owner's, operator's, or user's actions or omissions that constitute negligence, willful or wanton misconduct, or intentionally tortious conduct if those actions or omissions are not the subject of the Chief's noise rules or are not in substantial compliance with the Chief's rules. Ohio Rev. Code Ann. § 1533.85(A)(2)(d). State and municipal courts are not permitted to grant injunctive relief against the owner or operator of a shooting range in a nuisance action if the court determines that the owner's or operator's actions or omissions that are the subject of a complaint substantially complied with the Chief's noise or public safety rules, whichever apply to the nuisance action. Ohio Rev. Code Ann. § 1533.85(C).

21. Ohio Rev. Code Ann. § 2923.20(A)(5), (B).

22. Ohio Rev. Code Ann. § 2923.12.

23. Ohio Rev. Code Ann. § 2923.11(C).

24. Ohio Rev. Code Ann. § 2923.125(D)(1). The Commission, in consultation with the Attorney General, must prescribe a fee to be paid by each license applicant. Section 109.731(C). The fee for an applicant who has been an Ohio resident for five or more years may not exceed the lesser of the actual cost of issuing the license and conducting the background check, or fifty-five dollars. (An applicant who has been an Ohio resident for less than five years must also pay for the cost of an FBI background check if one is conducted.) Id.

25. See Ohio Rev. Stat. Ann. § 2923.125(B).

26. Ohio Rev. Stat. Ann. § 2923.125(B)(3).

27. Ohio Rev. Stat. Ann. § 2923.125(G)(1).

28. Ohio Rev. Stat. Ann. § 2923.125(G)(2).

29. Ohio Rev. Code Ann. § 2923.1213(B)(2). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Ohio Rev. Code Ann. §§ 2923.125 and 2923.128.

30. Ohio Rev. Code Ann. § 2923.126(A).

31. Id., Ohio Rev. Code Ann. § 2923.125(D)(2). See Ohio Rev. Code Ann. § 2923.125(F) for renewal requirements.

32. Ohio Rev. Code Ann. § 311.41(B), (C).

33. Ohio Rev. Code Ann. § 2923.129(B)(1).

34. Ohio Rev. Code Ann. § 2923.129(B)(2).

35. Id.

36. Ohio Rev. Code Ann. § 109.69(A).

37. Ohio Rev. Code Ann. § 2923.16(B).

38. Ohio Rev. Code Ann. § 2923.16(C).

39. Ohio Rev. Code Ann. § 2923.16(D).

40. Ohio Rev. Code Ann. § 2923.16(E).

41. An exception exists for directions given by law enforcement officers. Id. Additional rules apply to a licensee who is carrying a loaded handgun and is stopped as a result of a traffic stop or for another law enforcement purpose. See Ohio Rev. Code Ann. § 2923.16(E)(3)-(6).

42. Ohio Rev. Code Ann. § 4519.40(A)(5).

43. Ohio Rev. Code Ann. § 1547.69(C).

44. Ohio Rev. Code Ann. § 1547.69(D).

45. Ohio Rev. Code Ann. § 2923.122(B).

46. Ohio Rev. Code Ann. § 2923.122(C).

47. Ohio Rev. Code Ann. § 2901.01(C)(1).

48. Ohio Rev. Code Ann. § 3313.66(B)(2)(a).

49. Ohio Rev. Code Ann. § 3313.66(B)(2)(b).

50. Ohio Rev. Code Ann. § 3313.66(B)(2)(a), (b).

51. Ohio Rev. Code Ann. § 2923.126(B)(1).

52. Id.

53. Id.

54. Ohio Rev. Code Ann. §§ 2923.121, 2923.126(B)(4).

55. Ohio Rev. Code Ann. § 2923.121(B)(1)(e).

56. Ohio Rev. Code Ann. §§ 2923.122; 2923.126(B)(2).

57. Ohio Rev. Code Ann. §§ 2923.123; 2923.126(B)(3).

58. Ohio Rev. Code Ann. § 2923.126(B)(5).

59. Ohio Rev. Code Ann. § 2923.126(B)(6).

60. Ohio Rev. Code Ann. § 2923.126(B)(7).

61. Ohio Rev. Code Ann. § 2923.126(B)(8).

62. Ohio Rev. Code Ann. § 2923.126(B)(9).

63. Ohio Rev. Code Ann. § 2923.126(B)(10).

64. Ohio Rev. Code Ann. § 2923.126(C)(3).

65. Ohio Consumer Sales Practices Act, Ohio Rev. Code Ann. § 1345.05.  For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf.

66. Ohio Rev. Code Ann. § 2923.25.

67. Ohio Rev. Code Ann. § 2923.17(A).

68. Ohio Rev. Code Ann. § 2923.11(K)(1).

69. Ohio Rev. Code Ann. § 2923.11(E).

70. Ohio Rev. Code Ann. § 2923.17(C)(5), (7).

71. Ohio Rev. Code Ann. § 2923.18(A).  For additional procedural details regarding licensing or temporary permitting for dangerous ordnance, see Ohio Rev. Code Ann. § 2923.18.

72. Ohio Rev. Code Ann. § 2923.18(C).

73. Ohio Rev. Code Ann. § 2923.18(F).

74. Id.

75. Ohio Rev. Code Ann. § 2923.19(A).

 
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