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Old 03-27-2006, 11:52 PM   #1
Illuminaughty
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Default Drum mags in ohio

Okay, so I went the the gun shop, and the guys shows me a 75 round drum (knowing I buy ammo for my ak there all the time) for the ak. Later that day, I went to the gunsmith and asked about drum quality, and he says they're illegal.

So uh... what's the deal with these? I've never heard anyone saying drum mags were illegal in ohio, but my gunsmith is a pretty competent guy. Anyone know either way?
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Old 03-28-2006, 12:07 AM   #2
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here is the law:

In the Ohio code, the term "dangerous ordnance" includes: automatic firearms; short barreled rifles and shotguns; firearms of "crude or extemporized manufacture"; and devices that are not designed as firearms but can be adapted for use as firearms, or are capable of being used as firearms.

"Automatic firearm" is 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.

It is unlawful to knowingly acquire, have, carry, or use any dangerous ordnance. Exceptions are:

* Owners of dangerous ordnance registered under the National Firearms Act;
* Authorized state and federal officers, agents, and employees, members of the armed forces or organized militia, and law enforcement officers when acting within the scope of their duties;
* Licensed importers, manufacturers, and dealers.


now there is no state law forbidden you to buy, sell, or have a mag that hold more then 30 rounds.......but once you load that drum up with more then 31 rounds, and insert that in a firearm, you in essence have a "automatic weapon" by state law. sounds stupid, but that is the way the law is writen.

so I would be careful about going to a public range and inserting a mag that has more then 31 or more rounds in it.......act accordenly
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Old 03-28-2006, 12:51 AM   #3
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Hm. This'd apply to 40 rounders too? I guess I'm glad up until now I've only bothered getting 30 and 20 rounders...
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Old 03-28-2006, 02:57 AM   #4
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l am in ohio and l have two drum mags. Bought them at a gun show in 1993.

l've never heard of this before.
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Old 03-28-2006, 04:53 PM   #5
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definition of what an 'automatic weapon' is:

Ohio Revised Code 2923.11 (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.


definition of what prison term you're supposed to get if charged:

2929.14 (D)(1)(i)
(i) A prison term of six years if the specification is of the type described in section 2941.144 [2941.14.4] of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the felony;


odds are if you get charged for something, it will not be directly for the weapon itself, but for possessing the weapon in the commision of a crime, i.e. a 'weapon's spec' here's description of the weapons specification referenced in the previous paragraph:

[ 2941.14.4] 2941.144. Specification that offender had an automatic firearm or a firearm equipped with a muffler or silencer.

(A) Imposition of a six-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:

so saying for all of this, that's what the bright lights in Columbus passed as far as the law. don't gripe at me, I'm just the messenger.
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Old 03-28-2006, 07:19 PM   #6
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Yikes! It just occurred to me that maybe Campybob ought to be brought into this discussion.

With Bulletfest coming up in July, in Ohio, there would be many potential opportunities for folks to violate this law en masse. I have to assume that owners of regestered NFA-regulated weapons would not fall under this law (though a strict interpretation of it MAY just nail folks) but any of the folks who come to bump-fire their semis could choose to show up with RPK mags or drums or whatever and be in direct violation.

Not to mention all the guys with semi-auto 1919s, etc. that take belts! What a mess!
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Old 03-28-2006, 08:08 PM   #7
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Quote:
Originally Posted by Wolf
l am in ohio and l have two drum mags. Bought them at a gun show in 1993.

l've never heard of this before.

as have a lot of people, including LEO are unaware of that law.....it's been on the books for years and years. honestly I don't think it's one of those laws you have to worried about, unless you run into a barney fife type. this law just like the seat belt law, is something that will be added on if you are dumb enough to commit a crime with a mag that holds more then 31 rounds....or give them cause to charge you with it.
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Old 03-29-2006, 08:06 PM   #8
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I'm looking into getting a glock, one reason being those ludicous 33 round mags. Does this mean I could get in trouble for having them?
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Old 04-01-2006, 08:47 AM   #9
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short version, yup

longer version, see my previous post citing the appropiate references from the ORC. again, I've not known anyone ever directly arrested for this, but if you were involved in something with an aggressive prosecutor that wanted to tack on a weapons spec. you could be screwed.

again, don't blame me, it's the critters up in Columbus that came up with this.

sometime I gotta run to the library and look at the case law on this to see if there's any precedents associated with this.
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Old 04-02-2006, 04:01 AM   #10
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I have a friend in Ohio with a semi auto beltfed MG42.He keeps his belts to 30 rounds.
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Old 04-02-2006, 02:30 PM   #11
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WOW... honestly I wouldn't worry about it. Ive seen hundreds of guys with drums shooting, I have photo's from bullet fest of probably 30 guys on the line with drums, a couple of them are LEO's.

Don't do anything stupid, stay away from the public ranges(most won't like you blasting with a drum anyway) but as per the rules YOU WILL NOT get in trouble for OWNING IT. -myers
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Old 04-20-2006, 05:38 PM   #12
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The problem is... if I got a drum magazine, it would be for one thing and one thing only: being in my ak-47 loaded to the brim at all times. So the thing is, if its illegal in ohio to have over 31, its useless for me to have a drum mag if I'm afraid to keep it loaded to the brim and use it as a home defense weapon because i'd get in trouble for using it in court. To me its either use it or don't own it. With what I've been hearing here, I don't want one.

The other problem is I just got a glock 17, and those 33 rounders are looking pretty tempting. But maybe I'll have to put the normal flat floorplates on them to make it a 31 rounder? What bullshit!
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Old 04-20-2006, 06:06 PM   #13
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You thin there is something 75 rounds can do that you couldn't with 30 in a "home defense situation"? Planning on more than 20 guys breaking into your house at the same time? if you're worried about TEOTWAWKI, just load it and keep it in a closet... close, but not IN the weapon... you're legal then, and, if TEOTWAWKI happens, who will care? Just my $0.02 though.
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Old 04-20-2006, 06:14 PM   #14
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I have no idea what TEOWAWKI is. But I can imagine where 75 rounds would go quickly. It wouldn't be what I'd expect to happen, but any situation where I have to use a gun to defend myself never is.

But wouldn't the mag being loaded be the offense? Or is it when its in the gun? And even if its not in the gun, if I put it in the gun to defend myself, I'd get charged for doing so.
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Old 04-20-2006, 06:44 PM   #15
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It is ONLY illegal when it is inserted in the firearm. I have seen officers of the law with drum mags in there firearms.

If you want one... buy one, shoot with it, and don't be stupid... kinda simple really.

Me, i'll probably never have one because I don't see the point, fun yes, I set the handguards on my SAR-1 smoking with a buddies...

-myers
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Old 04-20-2006, 07:02 PM   #16
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Ah. I probobly won't get one if its illegal when in, because I'd get it primarily to keep in there. Oh well.
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Old 04-20-2006, 08:35 PM   #17
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TEOTWAWKI = "The End Of The World As We Know It", a term coined by survivalists to describe "the big one" that results in societal breakdown. Nuclear war, natural disaster, "Red Dawn" scenario, even plain old rioting and looting can qualify.
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Old 04-20-2006, 08:48 PM   #18
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Ohh. Yeah, I don't have enough money to prepare for something like that. I'll have to develop a post-apocolyptic skill that's marketable if that happens I guess. o.O
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Old 04-21-2006, 05:21 AM   #19
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l'm a flintknapper and a traditional archer as well as a kalashnikov fan. l'm also into the atlatl, tomahawks, spears, and a little blackpowder once in a while. l've done a little reinactment and some "living history" things too.

l'll be fine.



TEOTWAWKI is reason #1 l got those drums. Reason #2 is they look bitchin'.

Plus, l dont go to ranges that often. We own 4 acres out in the woods and l have a nice soybean field out behind my folks' house down the road to use for long range shooting.
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Old 04-21-2006, 09:55 AM   #20
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Let me put it this wayl 74 round drum or 30 round mag... the police are STILL gonna give you a LOT of crap about it, because in the end, you still used a "commie/terrorist gun" in thier eyes. the AK47 just will not project the image of a "good honest law abiding home owner" to a jury. Have you considered a shotgun? Again, not trying to be a dick here, just truiong to give you some real world practical thought.
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Old 04-21-2006, 10:28 AM   #21
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Actually I'm looking into getting a shotgun right now.
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Old 04-21-2006, 05:12 PM   #22
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May I suggest the Mossberg 590? Best of luck!
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