How to Own a Fully Automatic Weapon in Ohio
Before diving into the process, it’s essential to note that owning a fully automatic weapon in Ohio is legal, but heavily regulated. Ohio has strict laws governing the possession and ownership of machine guns, and failing to comply with these laws can result in severe consequences. Here’s a step-by-step guide to help you understand the process:
Contents
Step 1: Check the Ohio Gun Laws
Fully Automatic Weapons are Machine Guns
In Ohio, fully automatic weapons are categorized as machine guns under state and federal law. This includes firearms that fire continuously with a single trigger pull. Ohio law defines machine guns as:
- Firearm designed or redesigned to fire more than one cartridge without manual reloading, either by a single function of the trigger or by other mechanism of the firearm.
Step 2: Determine if the Weapon is Legal
Is it a Registered Machine Gun?
Ohio law allows citizens to own registered machine guns that were legally owned before the National Firearms Act (NFA) was enacted in 1934. The NFA prohibited the manufacturing, sale, and ownership of machine guns without prior approval from the federal government. If you own a machine gun that was lawfully possessed before 1986, it may still be legal to own under Ohio law.
Or is it a Legal Replacement?
If the weapon was manufactured after 1986, it must comply with federal regulations. You must apply for and receive an NFA tax stamp and comply with federal and state regulations. Ohio law specifically requires that any machine gun owned after 1986 be registered with the Chief of the Ohio State Highway Patrol’s Crime Identification Section.
Is it a Fake?
Be cautious of sellers who claim to have machine guns for sale. Always verify the weapon’s legal status and authenticity before purchasing.
Step 3: Obtain Required Documents and Permits
Machine Gun Tax Stamp
File Form 4: Tax Stamp Application
To register a machine gun, you’ll need to file a Form 4: Tax Stamp Application with the National Firearms Act (NFA) Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). You’ll need to provide a copy of your Form 1 (Application to Make and Register a Firearm), a copy of the maker’s certificate, and payment of the $500 transfer tax.
Ohio Residency Requirement
Submit an Application to the Chief of the Ohio State Highway Patrol’s Crime Identification Section
To own a machine gun in Ohio, you must be a resident of the state. You’ll need to submit an application to the Chief of the Ohio State Highway Patrol’s Crime Identification Section, which includes your name, address, and a description of the machine gun.
Step 4: Pass a Background Check and Inspection
Background Check and Inspection
Fingerprint and Background Check
Submit fingerprints and undergo a national instant criminal background check to ensure you’re not disqualified from owning a machine gun. You’ll need to pay a fee for this service.
Inspection
Schedule an inspection with your local law enforcement agency or the Ohio State Highway Patrol. The inspector will review the weapon’s serial number, make, and model to ensure it’s been registered with the federal government and complies with state and federal regulations.
What Happens if My Application is Denied?
If your application is denied, you’ll receive written notice explaining the reason. You may appeal the denial by submitting additional information and supporting documentation.
Conclusion
Owning a fully automatic weapon in Ohio is a complex process. Ensure you comply with Ohio and federal laws, as non-compliance can result in severe consequences. This guide provides a general outline of the process, but it’s essential to consult with local authorities and relevant documents to ensure you have all the necessary information and comply with regulations.
Table: Ohio Machine Gun Regulations
| Parameter | Ohio Requirement |
|---|---|
| License | N/A (but required for possession and ownership) |
| Tax Stamp | N/A (but required for registration) |
| Residency | Ohio residency required |
| Background Check | FBI background check required |
| Inspection | Inspection by local law enforcement or Ohio State Highway Patrol required |
| Documentary Requirements | Valid government-issued ID and proof of Ohio residency |
Additional Resources
For more information on Ohio gun laws and regulations, refer to the Ohio Revised Code, Title 29: Offenses Against the State and Public Peace, Section 2923.19 to 2923.35.
Disclaimer
Please note that this article provides general information and is not intended to be legal advice. It’s essential to consult with local authorities, a qualified attorney, or the relevant government agencies for specific guidance on owning a fully automatic weapon in Ohio.
