State Law Interpretation

[OhioArcher]

Thought I'd throw this out since I found it reading the "fine print" of our state laws. We have some changes coming up and I wanted to be familiar with them. This is the current law and will not change Mar 27th. What is your interpretation of the definition of "Automatic weapon"? I want to see if I'm reading it the same:

http://codes.ohio.gov/orc/2923.11

(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.

Is an AR or AK deemed an automatic weapon since it can accept a magazine capable of holding more than 31 rounds? Or is it an automatic weapon only when it has a 31+ round magazine attached?

What say you? Arrgghh!!!!!

 

[MikeD]

Wow, that could easily be twisted and interpreted differently by different people.

I'm not sure an AR or an AK was "designed" to hold more than 30 rounds. But the design does allow it to occur if the magazine is designed to fit the receiver (i.e. drum magazines).

Scary wording of you ask me.

 

[GunnyGene]

This is what you get when you allow lawyers to write laws. In case you think it's accidental, it isn't. They do this deliberately to open up a new revenue stream for themselves and other lawyers who will get to argue this in court for big bucks. It's called job security.

 

[Rossignol]

Yep, we were talkin about this earlier and I've since put in a couple calls to local sheriffs to get an interpretation.

Lookin at it, it seems to imply the ability, design and specially adapted to fire more than 31 rounds without reloading say via a drum magazine which both the AR and AK can accept, would put those rifles under the definition of automatics wwhich falls under ohios revised code for "machine guns".

Additionly, some counties and cities have laws in existence already banning some firearms and magazines. Cincinnati for example.

 

[carbinemike]

Additionly, some counties and cities have laws in existence already banning some firearms and magazines. Cincinnati for example.

That sucks. PA won't allow localities to make gun laws that are stricter than state law. The only exception was in Philly you need a concealed permit for open carry too where open is ok everywhere else. Some places like Philly make tougher laws and they last a year or two until a court tosses them.

I hate laws that open to interpretation. Someone eventually will go to the extreme and charge someone and then they will be stuck defending themselves...and will be guilty until proven innocent.

 

[OhioArcher]

Neither does Ohio but that hasn't stopped some localities from implementing their own version of gun laws. Cleveland is a good example. I guess is Cincinnati as well. I don't carry any long guns down town so I worry about it. A 2007 Ohio law bars cities for having more restrictive laws than the state. It was upheld in 2010 by the Ohio Supreme Court. But who is to say you won't get arrested by the local PD. However, if you prevail in court the city is on the hook for ALL court costs and reasonable attorney fees.

 

[carbinemike]

But who is to say you won't get arrested by the local PD

Well at least your state law also supercedes local laws. What you noted is the problem with locals wanting more control on their residents than the state mandates. I know Philly hates open carry and they were putting people on the ground for 30+ minutes in the heat of summer while the checked them out.

Good luck trying to get clarificarion on the laws you posted links to.