2006 Ohio Revised Code - 2923.21. Improperly furnishing firearms to a minor.

§ 2923.21. Improperly furnishing firearms to a minor.
 

(A)  No person shall do any of the following: 

(1) Sell any firearm to a person who is under eighteen years of age; 

(2) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age; 

(3) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, furnish any handgun to a person who is under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult; 

(4) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age; 

(5) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age; 

(6) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division (A)(3) of this section to a person who is under eighteen years of age; 

(7) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division (A)(3) of this section to a person who is under twenty-one years of age. 

(B)  Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to a person eighteen years of age or older and under twenty-one years of age if the person eighteen years of age or older and under twenty-one years of age is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training. 

(C)  Whoever violates this section is guilty of improperly furnishing firearms to a minor, a felony of the fifth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v H 4 (Eff 11-9-95); 146 v S 269 (Eff 7-1-96); 146 v H 124. Eff 3-31-97.
 

Not analogous to former RC § 2923.21 (RS § 6876; S&C 1642; 37 v 17; GC § 12638; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section prohibits selling any firearm to a person under 18, or selling any handgun to a person under 21. These prohibitions are the same as in federal law. 

Also, the section prohibits furnishing a firearm to a person under 18, except for lawful hunting or for purposes of instruction (a person 16 or over may hunt alone under section 1533.13 of the Revised Code). Instruction in firearms safety, care, handling, or marksmanship must be under either the supervision or control of a responsible adult. This does not necessarily require the actual presence of an adult, but does require that an adult exercise a reasonable amount of control to insure safety. This section replaces a former law prohibiting furnishing firearms to persons under 17, except for purposes of instruction at a suitable range under the supervision of an organization approved by the Ohio Adjutant General. 

Improperly furnishing firearms to a minor is a misdemeanor of the second degree. 

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