Ohio Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024
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Federal and state gun control laws place limits on the purchase, use, and possession of firearms throughout the country. State gun control laws vary quite a bit.
With limited gun control legislation coming from a divided Congress, state legislators have the challenge of balancing concerns about gun violence with the rights of law-abiding gun owners. The majority of Ohio lawmakers favor gun rights over increased regulation. As a result, Ohio gun laws contain fewer restrictions compared to other states.
A major limit on gun restrictions appears in the Second Amendment of the U.S. Constitution. In recent years, the U.S. Supreme Court has found the right to bear arms as an individual right to own guns for self-defense and other lawful reasons.
In weighing the constitutionality of laws that restrict the possession of firearms, it focuses on a historical approach to whether the law in question is consistent with regulations of guns at the time of the Constitution's adoption.
Ohio Gun Control Laws
Ohio gun control laws prohibit certain weapons while restricting gun purchases and ownership by certain individuals. For instance, Ohio prohibits the possession of:
- Sawed-off shotguns
- Zip guns, which are improvised and often dangerous firearms
- Certain weapons and ammunition designed for military use
The state has not banned assault weapons or sought to regulate so-called undetectable firearms known as "ghost guns."
Under Ohio law, the following cannot own or possess firearms:
- Certain convicted felons
- Individuals with substance abuse problems
- Those found mentally incompetent
Ohio does not require a waiting period prior to purchasing a gun. If you purchase a gun from a federally licensed dealer, they will run a criminal background check using the federal National Instant Criminal Background Check System (NICS) before delivery of the firearm. If you buy from a private seller or unlicensed dealer, you are not required to undergo a criminal background check to verify whether you fall under a firearm prohibition.
Ohio law does not provide a minimum age for possessing a firearm. Those under 18 cannot legally purchase a firearm. Persons under 21 cannot legally purchase a handgun, with exceptions for police officers and active-duty military who are at least 18.
Ohio Concealed Carry Laws
In 2022, the Ohio General Assembly passed a permitless carry law. Under this law, a qualifying adult is not required to complete firearms training or obtain a concealed handgun license (CHL) to carry a concealed handgun in the state.
A qualifying adult must be 21 years of age or older, not prohibited from possessing a firearm under state or federal law, and otherwise meet the criteria to obtain a CHL. Whether you are an Ohio resident or a non-resident working in Ohio, you file your license application with your local sheriff's office or the sheriff of a neighboring county.
Ohio keeps its concealed carry permit process to assist permit-holders traveling to states that have a reciprocity agreement with Ohio.
Even with laws that permit open or concealed carry of firearms, state law will prohibit bringing guns into certain locations. States vary in what locations are off-limits. Private property owners can ban guns as they desire from their property but must provide signage. In Ohio, the law prohibits guns in the following locations under most circumstances:
- Sheriff, highway patrol, and police stations
- Premises controlled by the Ohio Attorney General's Bureau of Criminal Investigation (BCI)
- State correctional facilities, jails, workhouses, and other detention facilities
- Restricted areas of airports
- Institutions governed by state mental health and addiction or developmental disability services
- School safety zones
- Courthouses and courtrooms
- Permit D liquor establishments
- Government buildings of the state (including the Statehouse and Capitol in Columbus) and its political subdivisions
- Premises owned or leased by public or private colleges and universities
- Places of worship
- Locations prohibited under federal law
Ohio bans transporting or having a loaded gun in a motor vehicle in a manner that an operator or passenger can access it without leaving the vehicle. There are several exceptions, including one for those with a valid CHL who are not in a prohibited location.
An Overview of Gun Control Laws in Ohio
The main provisions of Ohio gun control laws appear in the table below.
Relevant Ohio Gun Control Statutes (Laws) |
Ohio Revised Code (O.R.C.), Title 29 Crimes-Procedure, Sections 2923.11 through 2923.30, Weapons Control
|
---|---|
Illegal Arms |
The following firearms are illegal in Ohio, with limited exceptions that include law enforcement, military, and those licensed under the National Firearms Act:
|
Waiting Period |
Ohio does not require a waiting period to purchase a firearm. |
Who May Not Own |
The following people may not own or possess a firearm under Ohio law:
Federal law provides further categories of persons who cannot possess a firearm, including those convicted of misdemeanor domestic violence or under certain protection orders. (See 18 U.S.C. Section 922g) |
License Required? |
No. Ohio does not require a license to own a firearm. |
Concealed Carry License Required? |
No. Ohio does not require a concealed carry license to carry a concealed handgun. However, there are location prohibitions. |
Open Carried Allowed? |
Yes. Open carry of firearms is legal in Ohio. However, there are location prohibitions. |
Eligibility for Concealed Handgun License |
Issuance of a concealed handgun license is based on the following criteria. You must:
|
Machine Gun Laws |
Ohio has no specific prohibition against machine guns, but they would likely fall under Ohio's automatic firearm ban. Owning a machine gun also requires registration and compliance with federal law. |
Penalties for Illegal Firearm Possession |
Ohio has a wide range of penalties for violating its gun control laws. A second conviction of some crimes can increase the severity of the crime. Here are some common offenses and penalties:
|
Penalties for Illegal Possession on or Near School Grounds |
|
Red Flag Law? |
No. Proposals for a red flag law gained some traction after a mass shooting in Dayton in 2019 that resulted in the deaths of nine persons and injury to 27 others. However, no bill became law. |
Universal Background Checks? |
No. Ohio does not regulate gun sales or transfers in private transactions to require a criminal background check. |
Stand Your Ground Law? |
Yes. Ohio adopted a Stand Your Ground law in 2021. It provides that a person claiming self-defense, defense of another, or defense of residence has no duty to retreat if they are in a place they are legally allowed to be before using appropriate force (including deadly force) in such defense. In evaluating the reasonableness of a person's belief in the necessary force to repel an attack, the trier of fact cannot consider the possibility of retreat as a factor. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher court that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
A Note About Preemption Laws
Like many other states, Ohio has a preemption law that prevents cities and other local governments from passing gun control ordinances that differ from state law. Cities like Cleveland and Cincinnati cannot pass tougher regulations on firearms to combat gun violence in their communities even if the political will is present at the local level to do so.
For gun rights advocates, preemption means that a gun owner only needs to know state law when carrying their gun and not keep track of other local laws that may conflict.
Ohio Gun Control Laws: Related Resources
- Gun Laws
- State Gun Control Laws - Review the laws of all 50 states and D.C.
- Product Liability and Guns
- Ohio Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
- Guns and Domestic Violence
An Attorney Can Help With Your Gun Law Questions
Ohio firearm laws can be complex. Statutes may come with many exceptions. To comply with firearms law, you must follow state and federal gun control laws. If you want to ensure that you comply with the law, you should consider seeking legal advice. You can contact an experienced criminal defense attorney in Ohio today.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Ohio attorneys offer free consultations.
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