Articles Posted in Ohio – Gun Trust Lawyer

On March 23rd, Ohio repealed the prohibition on the use of legally possessed suppressors while hunting.  Ohio has become the 35th state to permit hunters to use legally possessed suppressors while hunting.  IN 2014 Alabama, Florida, Georgia, and Louisiana all enacted legislation to permit the use of suppressors while hunting.  Ohio also enacted Shall Sign legislation.

Among the many benefits, to using suppressors are:

  1. HEARING PROTECTION: Noise induced hearing loss and tinnitus are two of the most common afflictions for recreational shooters and hunters. Everyone knows that gunfire is loud, but very few people understand the repercussions that shooting can have on their hearing until it’s too late. Suppressors reduce the noise of a gunshot by an average of 20 – 35 dB, which is roughly the same as earplugs or earmuffs. By decreasing the overall sound signature, suppressors help to preserve the hearing of recreational shooters, hunters, and hunting dogs around the world.

In 90 days, it will be legal to hunt with Suppressors in Ohio. On Friday, December 19th Gov. John Kasich signed a massive overhaul of Ohio’s Gun Law including removing the restriction for hunting with a suppressor (sometimes called a silencer). This follows the recent legalization of hunting with Suppressors in Florida. A vast majority of states now permits hunting with suppressors.

Also signed was legislation to require CLEOs to sign Form 4s and Form 1s.

The “shall certify” provision which requires a chief law enforcement officer (CLEO) to sign off on an application to transfer an item regulated by the National Firearms Act, once the application procedure and requirements are met. This provision eliminates personal bias towards NFA-related items, requiring CLEOs to sign off and process the application in the same way they do a concealed handgun license.

While many feel shall certify legislation is a good thing, the risk is that people will purchase items as an individual and not use a Gun Trust from a Gun Trust Lawyer®. There are many advantages to purchasing NFA firearms using a Gun Trust, including the ability to protect innocent spouses and others from charges of constructive possession or illegal transfers under the NFA. There are many advantages to using a Gun Trust over individual ownership. For a list of these advantages, request our free report on what is a Gun Trust and Why you should have one by completing the form on this page for more information.

The Ohio House passed a bill to allow hunting for some game species. The legislation that would permit the use of suppressors while hunting white-tailed deer, rabbits, squirrels and other game. The suppressors would need to be legal and registered with the ATF. The ATF permits individuals, Trusts, and business entities to apply for a $200 Tax Stamp to purchase and be in possession of a suppressor or silencer. While a suppressor reduces the noise it does not make a gun silent.

The Ohio bill would require that hunters who want to use a suppressor must submit to a background check and complete an application. Once the bill is approved the Ohio Senate it can be sent to the Governor for his signature. We will update you with progress on this bill as we learn about its status.

Ohio NFA Class 3 firearms
In Ohio a NFA Trust or Gun Trusts can own all types of firearms including those regulated by the NFA.

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 Title II firearms – (Those sold by FFLs with a Class 3 SOT) in addition to the compliance that is required with the National Firearms Act.

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

AR15sbrsilencer.jpgWith 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.

Contact Information