Black Powder

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

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Black Powder

Postby lrp3rd » Sun Jun 03, 2012 11:47 pm

I have heard that black powder arms and antiques are legal for someone to own and use even if they are on disability. Could someone give me the details about this? ORC is very hard for a laypeople to understand. Input please.
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Re: Black Powder

Postby bsctov » Mon Jun 04, 2012 3:04 am

You really want to risk imprisonment based on what some people from the internet say? You really need to consult a lawyer.
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Re: Black Powder

Postby lrp3rd » Mon Jun 04, 2012 4:44 pm

No I don't. That's why I am asking people supposedly in the know. Can't anybody tell me by other than "ask a lawyer" at a fee the answer to my question? I thought that is what this forum is for. Ask a lawyer, if I wanted to and could afford to do it I would have already done it. Thank you.
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Re: Black Powder

Postby djmac1964 » Mon Jun 04, 2012 5:19 pm

I can't say whether or not you can own one if you are under disability. I do know that you can buy one without filling out a 4473, so there is no background check for a black powder rifle, not sure if it is the same for black powder pistols. I'm sure someone will be along who can give you specifics.
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Re: Black Powder

Postby FlyinCedar » Tue Jun 05, 2012 12:03 am

Being that you posted this in the open carry forum, are you wanting to open carry a black powder pistol? Sure hope it dont rain..... :roll:
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Re: Black Powder

Postby lrp3rd » Tue Jun 05, 2012 1:00 am

No, I don't want to carry. I just want to know about ownership and use. :?:
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Re: Black Powder

Postby FlyinCedar » Tue Jun 05, 2012 1:43 am

Gotcha....You should probably call a lawyer
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Re: Black Powder

Postby BobK » Tue Jun 05, 2012 6:37 am

Sure, go ahead. No problem.

If a police officer asks you about it, tell 'em I said it was OK.
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Re: Black Powder

Postby River 447 » Tue Jun 05, 2012 7:24 am

The definition of a firearm includes both smokeless and black powder fire arms. Possession is a felony.


2923.11 Weapons control definitions. As used in sections 2923.11 to 2923.24 of the Revised Code:

(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.

2923.13 Having weapons while under disability.

(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code.

(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
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Re: Black Powder

Postby bsctov » Tue Jun 05, 2012 11:33 am

BobK wrote:Sure, go ahead. No problem.

If a police officer asks you about it, tell 'em I said it was OK.


:mrgreen:
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Re: Black Powder

Postby GWC » Tue Jun 05, 2012 4:36 pm

As river pointed out, under Ohio law black powder firearms that use obsolete ignition systems like flintloacks, percussion, wheelocks and matchlocks are still considered fireams, and prohibited persons are still prohibited from owning or possessing them.

Under Federal gun laws they are not considered firearms and are not subject to all of the regulations for sales through FFLs, etc.

But In Ohio, if one is not allowed to possess firearms, black powder guns count, and a felony charge can be the result.
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