NFA Gun Trust Lawyer Blog

Recent amendments to the Ohio Concealed Carry laws exemplify an increasingly pro-gun sentiment in the state.  In particular, the legislature enacted Senate Bill 184 as an amendment to Ohio's Concealed Carry law, more commonly referred to as the Castle Doctrine, into law on June 10, 2008.  By passing the bill through legislature with tremendous support (31-0 in the Senate and 73-23 in the House), Ohio follows states such as Texas, South Carolina, Florida, Kentucky, and 14 others, in protecting the right of gun owners to protect their "castle."

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence, or any place legally occupied, as a place in which one enjoys protection from illegal trespassing and violent attack. Ohio R.C. § 2901.05(C)(2), (3).  It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack.  Ohio R.C. §2901.05(B)(1), Ohio R.C §2901.09(B).  The legal effect of the Castle Doctine is to protect the homeowner from criminal or civil suit resulting from the use of deadly force which actually results in death.

Continue reading "Ohio's Pro-Gun Attitude and Enactment of the Castle Doctrine" »

With the recent discussions about the potential federal ban on assault weapons being reinstated,  I thought it would be interesting to see which states already have bans on Assault Weapons

California bans "assault weapons", .50BMG caliber firearms, some .50 caliber ammunition and "unsafe handguns."

Connecticut  Bans "assault weapons" as well as select fire machine guns.

District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977  (parts recently ruled unconstitutional).

Hawaii prohibits "assault pistols."  Assault rifles and shotguns are restricted the same regular rifles and shotguns

Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms.  Firearms identification card is required.

Maryland prohibits "assault pistols"; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an "integrated mechanical safety device."

Massachusetts: It is unlawful to sell, transfer or possess "any assault weapon or large capacity feeding device" [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate "assault weapons" law.

Michigan: Certain folding stock carbines are restricted.

New Jersey  bans "assault weapons" and high capacity magazines.

New York  bans "assault weapons" unless lawfully possessed or manufactured prior to September 13, 1994.

Ohio: Some local jurisdictions use to ban "assault weapons.", but because of a Ohio Supreme court case, all of these laws are unconstitutional under the preemption doctrine recognized by Ohio.

Virginia prohibits "Street Sweeper" shotguns.

The sunset of the federal assault weapons ban does not affect the validity of state and local "assault weapons" bans.

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Ohio you can own the following items that are regulated the the National Firearms Act

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In Ohio you cannot own the following NFA restricted items.

None

Follow this link to find out more about Ohio and NFA restrictions on Class 3 Firearms