yes well then we wouldn't need prisons now would we

So, I've been batting this around in my head, let's see what you think:

Ohio defines an automatic weapon as:

from: codes.ohio.gov/orc/2923.11 For the sake of brevity, I'm only going to reproduce the relevant parts of the cited sections.

Now, as many people recognize, this is a completely baffling definition and if it were suddenly enforced it would catch a lot of people unaware since you can still purchase gun mags/drums over 30 rounds in this state, you just can't use them to "adapt" a semi-auto to fire more than thirty-one rounds (whatever that means). However, Ohio does not criminalize the possession of an automatic weapon, instead:

from: codes.ohio.gov/orc/2923.17

Dangerous ordnance is defined as:

from: codes.ohio.gov/orc/2923.11

A "sawed-off" (you've got to love these terms) firearm is defined as:

from: codes.ohio.gov/orc/2923.11 Basically a short-barreled rifle under the National Firearm Act.

So, my reasoning is that I could register a short barreled rifle under the NFA relatively easily (registering a new automatic is effectively impossible as a non-dealer civilian), then use all the over-30 round drums and coffin mags and whatever else I can find to my heart's content since I am no longer in possession of unlicensed dangerous ordnance, even though the gun in question qualifies under state law as two kinds of dangerous ordnance but is licensed only as one. Since I don't have lexis or westlaw outside of work and relied on google, I did find some case law supporting this reasoning, but have no way to shepardize it to know if it is still solid.

So what's your opinion?

I do not think you can use any mag over 31 rounds on a single barrel riffle, regardless of NFA registration.

Basically, by registering a single barrel riflfe with the NFA and then modifying the gun to accept a magazine that can handle 31+ rounds you have turned it into a machine gun. As a result, you now have an unregistered machine gun. That would be the position I would take as a prosecutor.

However, the NFA exception in the Revised Code does not differentiate between registration as a single barrel firearm or machine gun, just that it must be NFA registered. Therefore, simply by registering it, you could argue that you fall within the exception. This would be argument as a defendant. I did not find any case law where someone was charged under this scenario.

Another question that I see is whether or not the exception applies to Ohio's magazine limitation. You may be able to use the gun because it is NFA registered, but it isn't clear whether that exception applies to the round limitation.

The fact that there is no case law on it may be an indication that prosecutors and law enforcment either (1) don't know how to apply this provision because of its vagueness or (2) are not actively pursuing people under this statute.

If you really can't resist equiping your gun with an extended magazine, I would locate a local gun law attorney or even a local NRA branch to see if you can get a concrete answer. The cost for that advice should be less than the cost if you get arrested.

I think it's very generous of you to offer free legal advice here. I don't know why you put yourself through the rudeness I'm reading here.

Fawn wrote:



said the girl named after a baby deer...


what the fuck has this place turned into

Holy Crap!!! What a hoot, i tell ya...

efff uuuu wrote:


ps. feel free to offer up a hand job while you're at it ..."ahem" Fawn.

Accepting sexual favors for legal services is a big no no under the Ohio Rules of Professional Conduct.