Hi Cap Mags=Automatic Weapon in Ohio

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  • SEIndSAM

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    I didn't know this so I thought I would share. The state of Ohio considers any semi-automatic(except .22LR) weapon an automatic weapon if it has a mag capacity of more than 30 rounds. So if you are in state with a 33rd glock mag or an 40rd mag or 75 rd drum it's an automatic weapon. Copied from Handgunlaw.us

    Weapons control definitions.
    As used in sections 2923.11 to 2923.24 of the Revised Code:
    (A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or
    specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

    (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.

    (2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the
    action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence,
    including, but not limited to, the representations and actions of the individual exercising control over the
    firearm.

    (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.

    Note: So any magazine that can hold more than 30 rounds other than a 22 caliber rim fire is considered an
    Automatic Weapon/Machine Gun,


    http://www.handgunlaw.us/states/ohio.pdf
     
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    Scutter01

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    Looks to me like any semi-auto firearm is an automatic if there's a hi-cap mag even available for it, whether you own said mag or not.
     
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    ATM

    will argue for sammiches.
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    Yep. An absurd definition is sometimes a political prerequisite to enacting an absurd law.

    2 absurdities = common sense. :n00b:
     

    ThrottleJockey

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    Looks to me like any semi-auto firearm is an automatic if there's a hi-cap mag even available for it, whether you own said mag or not.
    Of course, and choosing not to enforce it yet makes it no less the case. I hate this sort of underhanded regulation/ban of things, making the wording just obscure enough to mislead followed by not enforcing anything until it becomes convenient.
     

    cobber

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    This "legal definition" is absurd.

    I would guess someone tossed that in to the code after the bill had been approved by the legislature.

    Bills, while 'written' by legislators, are actually drafted by career attorneys in the state legislative services branch. They're the ones who actually write the black letter of the law.

    The Legislative Service Commission (LSC), which was created in 1953, is a nonpartisan agency providing drafting, fiscal, research, training, and other technical services to the General Assembly. LSC's governing authority consists of 14 members of the General Assembly, including the Speaker of the House of Representatives and the President of the Senate. The Speaker and the President each appoint six additional members, with no more than four of the appointed members from each chamber belonging to the same political party. The members select a Chairperson and a Vice-Chairperson who serve for two years. The two positions customarily rotate between the chambers. Traditionally, the Senate President or the Speaker of the House serves as Chairperson.

    The 14-member governing authority appoints a director who, in turn, hires additional professional and support staff as may be required. LSC staff includes attorneys, budget analysts, economists, research associates, and support personnel. The LSC Brochure provides additional information on LSC staff and services.
    Wouldn't be surprised if some of the Brady Bunch are working for this office in Ohio.

    Here's the bill that introduced this gem. See if you can find the text. Do you suppose even 10% of the legislators even knew that was in there?
    http://www.legislature.state.oh.us/BillText127/127_HB_562_EN_N.html
     
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