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Old 02-13-2009, 06:56 PM
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Ohio Airsoft Laws?

Hey all,
Well, none of my friends are really big into airsoft like me, but one of them mentioned airsoft was illegal in Ohio/Westlake.
So, what are the laws for airsoft in Ohio/Westlake, if a law enforcement official () sees me carrying one around my yard/street, which is relatively calm, would i be arrested?
Thanks

Last edited by CairnisReed; 02-13-2009 at 06:58 PM.
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Old 02-13-2009, 07:03 PM
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Whether it's legal or not, if you walk around with something that looks like a gun in a public place expect to get stopped, arrested, or worse. Anyone seeing it will treat it as a real gun, so you better too.
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Old 02-13-2009, 07:41 PM
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If I were to see you walking around w/ a airsoft gun when I was on patrol you would have been felony stopped (with my weapon draw and backup on the way) you never know what is going on is someone's head. Most likely you would be held in custody until the investigation was finished then released into your parents custody with a fine and/or court date. Could be charge with inciting panic possibly other don't really know for sure, don't have my O.R.C handy. Not good don't recommend it.
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Old 02-13-2009, 07:44 PM
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I am only saying this again like everyone else, DON'T carry your airsoft gun in public, if you need to transport it, conceal it in a bag or case. And keep it out of sight if you drive, like in your trunk. The public now a days thinks anything that looks like a real firearm, is.
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Old 02-14-2009, 01:13 PM
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Basically they have the right to shoot you if you dont have a orange tip on your weapon
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Old 02-14-2009, 01:24 PM
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It differs depending on where you live, where i live to carry it around you must have a bright orange tip and cannot be fired in city limits. but the city right next to mine will say that you cannot carry any type of firearm at all without a permit. My advice is to go to your local police station and ask them.
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Old 02-14-2009, 02:52 PM
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Quote:
Originally Posted by MANBEAST85 View Post
Basically they have the right to shoot you if you dont have a orange tip on your weapon
That's a somewhat ignorant statement. No, police don't have an automatic right to shoot you if you don't have an orange tip on your airsoft gun. Regardless of if it has and orange tip or not, if you point it at a police officer in an aggressive manner which the officer may interpret as being a threat, then will shoot in defense of themselves.

The Ohio Revised Code has no laws specifically governing airsoft guns. Please refer to the following section of the Ohio Revised Code:

Quote:
Originally Posted by http://codes.ohio.gov/orc/2923
2923.11 Weapons control definitions.
As used in sections 2923.11 to 2923.24 of the Revised Code:


(A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

(B)(1) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.

(C) “Handgun” means any of the following:

(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;

(2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled.

(D) “Semi-automatic firearm” means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.

(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.

(F) “Sawed-off firearm” means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.

(G) “Zip-gun” means any of the following:

(1) Any firearm of crude and extemporized manufacture;

(2) Any device, including without limitation a starter’s pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;

(3) Any industrial tool, signalling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.

(H) “Explosive device” means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. “Explosive device” includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.

(I) “Incendiary device” means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.

(J) “Ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.

(K) “Dangerous ordnance” means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or silencer;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

(L) “Dangerous ordnance” does not include any of the following:

(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;

(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;

(3) Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;

(4) Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;

(5) Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the “Gun Control Act of 1968,” 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act.

(M) “Explosive” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States department of transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosive” does not include “fireworks,” as defined in section 3743.01 of the Revised Code, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored, or used in any activity described in section 3743.80 of the Revised Code, provided the activity is conducted in accordance with all applicable laws, rules, and regulations, including, but not limited to, the provisions of section 3743.80 of the Revised Code and the rules of the fire marshal adopted pursuant to section 3737.82 of the Revised Code.

Effective Date: 04-08-2004; 2008 HB562 09-22-2008

If you look further down in Chaper 2923 of the Ohio Revised Code, you will find something that WILL pertain to airsoft guns, though airsoft guns are not specifically mentioned or described. The law has to do with bring and item that is indistiguishable from a real firearm onto school property. Feel free to read:

Quote:
Originally Posted by http://codes.ohio.gov/orc/2923.122
2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.

(A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.

(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.

(C) No person shall knowingly possess an object in a school safety zone if both of the following apply:

(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired.

(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.

(D)(1) This section does not apply to any of the following:

(a) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties, a security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization;

(b) Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(b) of this section does not apply to the person.

(2) Division (C) of this section does not apply to premises upon which home schooling is conducted. Division (C) of this section also does not apply to a school administrator, teacher, or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher, or employee, or any other person who with the express prior approval of a school administrator possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, reenactment, or other dramatic presentation, or a ROTC activity or another similar use of the object.

(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:

(a) The person does not enter into a school building or onto school premises and is not at a school activity.

(b) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).

(d) The person is not knowingly in a place described in division (B)(1) or (B)(3) to (10) of section 2923.126 of the Revised Code.

(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:

(a) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

(b) The person is the driver or passenger in a motor vehicle and is in the school safety zone while immediately in the process of picking up or dropping off a child.

(c) The person is not in violation of section 2923.16 of the Revised Code.

(E)(1) Whoever violates division (A) or (B) of this section is guilty of illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone. Except as otherwise provided in this division, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fifth degree. If the offender previously has been convicted of a violation of this section, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fourth degree.

(2) Whoever violates division (C) of this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony of the fifth degree.

(F)(1) In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section and subject to division (F)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in division (A)(4) of section 4510.02 of the Revised Code and shall deny the offender the issuance of any permit or license of that type during the period of the suspension.

If the offender is not a resident of this state, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in division (A)(4) of section 4510.02 of the Revised Code.

(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits, or privileges specified in division (F)(1) of this section or deny the issuance of one of the temporary instruction permits specified in that division, the court in its discretion may choose not to impose the suspension, revocation, or denial required in that division.

(G) As used in this section, “object that is indistinguishable from a firearm” means an object made, constructed, or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.

Effective Date: 04-08-2004; 03-14-2007; 2008 SB184 09-09-2008

With all of this being said, one should ALWAYS treat ANY and ALL airsoft guns as real weapons at all times!!!!!

Obviously these laws are State laws for the State of Ohio and do not transfer to any other states in the Union. Furthermore, local towns, cities, districts, etc, may impose additional restrictions on firearms or possibly specifically airsoft guns. These local laws would not be in the O.R.C. and would be more difficult to find.

The ONLY way to be sure you don't get into trouble is to treat your airsoft gun like the real thing. Carry it in a gun case at all times. Don't brandish it in public for any reason. Don't walk down the road with it. Don't point it at someone for the sole reason of trying to scare them. Basically JUST USE COMMON SENSE. Think of it this way... Imagine watching a video of yourself walking down the street holding your airsoft gun in hand. Now imagine seeing that video on YouTube. Now imagine what comments you might get, and how many people would think you're an idiot for doing that. Now try to imagine an infinite number of other scenarios that might get you into trouble. If you think to yourself "That's stupid", then it probably isn't a good thing to do.

If you use good judgement, you're probably not going to get into trouble. Just make sure to use that judgement and not just grab your gun and go.

As someone else mentioned, it is definitely a good idea to contact your local police department and ask them some questions about airsoft guns and how using them locally may impact you or if you are violating any local laws.

Just use your head and you should be fine.

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Old 02-15-2009, 12:32 AM
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Since we're on the topic of laws, does anybody know the exacts laws from the book regarding orange tips. I'm just interested on what it says exactly.

Any help here, Darkstar
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Old 02-15-2009, 12:44 AM
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Orange tips are usually for transportation, as long as you are not taking the gun onto public areas, you don't need it, DON'T QUOTE ME
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Old 02-15-2009, 02:54 AM
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The orange tip could be a state law for some states, but not in Ohio. Ohio doesn't have any markings requirements for imitation or lookalike guns.

There IS, however, a Federal law governing the importing of imitation firearms that does state that the first 1/4 Inch of toy gun or imitation gun barrels must be colored "blaze orange". This is an import law only, and you CAN get a waiver for the orange tip if the guns are to be used for theatrical or display purposes. I'm not sure what is involved with getting a waiver though, as I've never needed to and have never tried.

That being said, if local governments wanted to press the issue of the orange tip on your gun, they could fall back to that Federal import clause, though I don't know of any instances where that has happened. I've been around plently of law enforcement people who've never had a problem with my guns not having an orange tip, however as long as I treat my guns the same as a real firearm, it's never been a problem.

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Old 02-15-2009, 02:54 AM
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I've just read up on this a bit, and while there isn't much to say, it's this : All firearm replicas, look-alike pellet guns, and toy guns are to be permanently affixed with at least a 6mm wide blaze-orange tip. This is a federal law that comes with felony charges.

The law was enacted to cut down on cases of misidentification (sp?). Apparently there were some kids playing in their yard and a cop shot and killed a 12 yr old boy for brandishing a cap gun. That's just one example. There are hundreds and hundreds of cases where people have been shot/arrested for possessing toy/airsoft guns.

Long story short, keep your orange tip, or at least keep it the legal width if you're going to be in a semi-populated area. If you're going to an Op. you'll probably be ok.

I don't have my tips, but I don't go into public without them covered in my trunk or in a bag. I did know when I removed them that I'm in violation of the law and can face confiscation, a fine, or criminal charges.

Just use your head, we wouldn't need orange tips if people were smart

P.S.- The tips aren't fool proof, there are some cases where criminals have painted the tips of real firearms orange, and have used them to shoot unsuspecting police officers.



----->Darkstar posted and I posted at the same time, but I saw nothing about a waiver for prop guns. I did see the import/copyright laws though. I got my information from the N.Y. Times, and other newspapers. Nothing from Ohio exactly, so I'm not sure if the law is enforced here. But IT IS federal for sure.
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Old 02-15-2009, 02:57 AM
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Actually as far as I know, it's just a federal law that requires them to be orange when they are Imported and Sold.

However, once they are at the end user's, then it's up to you what you want to do with it.

Nothing is stopping someone from buying a glock and painting it orange. So, it's really a moot point if your tip is orange or not. Just don't be an idiot with it.
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Old 02-15-2009, 12:12 PM
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Quote:
----->Darkstar posted and I posted at the same time, but I saw nothing about a waiver for prop guns. I did see the import/copyright laws though. I got my information from the N.Y. Times, and other newspapers. Nothing from Ohio exactly, so I'm not sure if the law is enforced here. But IT IS federal for sure.
Getting info from one of the most Liberal, Anti-Gun newspapers in America might not be the best source.
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Old 02-15-2009, 01:04 PM
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Quote:
Originally Posted by Kung Fu Moses View Post
The law was enacted to cut down on cases of misidentification (sp?). Apparently there were some kids playing in their yard and a cop shot and killed a 12 yr old boy for brandishing a cap gun. That's just one example. There are hundreds and hundreds of cases where people have been shot/arrested for possessing toy/airsoft guns.
Yes, the original law was enacted back in the late 1980's after a child was shot and killed by police officers after pointing a cap gun at them and firing it. Since then, there have been multiple instances where people have used fake guns to rob banks, scare friends or new boyfriends of ex-girlfriends, or to commit other crimes. I do not know of any other instances where someone of any age has been shot and killed by law enforcement officers when they were lawfully using an airsoft gun, regardless of whether or not the tip was painted orange.

There's a lot of common sense in handling airsoft guns. If someone is stupid enough to commit a crime with an airsoft gun, then they honestly deserve the punishment for their crime. If they point their airsoft gun at a police officer and get their brains blown out, then it's kind of Darwinism at work. If anyone is stupid enough to do that, they're either just dumb or suicidal, and better left out of the continuing gene pool.

On to the topic of the actual law...

After doing some more digging today, I was indeed able to find the exact Federal Law governing the airsoft import regulations. This Department of Commerce law is not specific to imports anymore, as it appears it was updated on January 3rd, 2007. I'm sure the last time I researched this law seriously was probably back in the 2004-2006 timeframe.

The law does specifically reference "air-soft" guns, while it did not before. Unfortunately, the government also contradicts itself in the sentence afterward saying traditional BB guns are excempt. This leads many companies and importers to import their products with aluminum 6mm BB's, and this usually, but not always, passes the orange barrel requirements. It's a somewhat grey area when it comes to airsoft guns, however since the law was updated, it gives a slightly more clear definition as to how airsoft guns could be handled or perceived by law enforcement.

Here is the law as follows:

Quote:
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 15USC5001]


TITLE 15--COMMERCE AND TRADE

CHAPTER 76--IMITATION FIREARMS


Sec. 5001. Penalties for entering into commerce of imitation
firearms


(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or imitation
firearm unless such firearm contains, or has affixed to it, a marking
approved by the Secretary of Commerce, as provided in subsection (b) of
this section.

(b) Distinctive marking or device; exception; waiver; adjustments and
changes

(1) Except as provided in paragraph (2) or (3), each toy, look-
alike, or imitation firearm shall have as an integral part, permanently
affixed, a blaze orange plug inserted in the barrel of such toy, look-
alike, or imitation firearm. Such plug shall be recessed no more than 6
millimeters from the muzzle end of the barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate marking
or device for any toy, look-alike, or imitation firearm not capable of
being marked as provided in paragraph (1) and may waive the requirement
of any such marking or device for any toy, look-alike, or imitation
firearm that will only be used in the theatrical, movie or television
industry.
(3) The Secretary is authorized to make adjustments and changes in
the marking system provided for by this section, after consulting with
interested persons.

(c) ``Look-alike firearm'' defined

For purposes of this section, the term ``look-alike firearm'' means
any imitation of any original firearm which was manufactured, designed,
and produced since 1898, including and limited to toy guns, water guns,
replica nonguns, and air-soft guns firing nonmetallic projectiles. Such
term does not include any look-alike, nonfiring, collector replica of an
antique firearm developed prior to 1898, or traditional B-B, paint-ball,
or pellet-firing air guns that expel a projectile through the force of
air pressure.

(d) Study and report

The Director of the Bureau of Justice Statistics is authorized and
directed to conduct a study of the criminal misuse of toy, look-alike
and imitation firearms, including studying police reports of such
incidences and shall report on such incidences relative to marked and
unmarked firearms.

(c) \1\ Technical evaluation of marking systems
---------------------------------------------------------------------------

\1\ So in original. Probably should be ``(e)''.
---------------------------------------------------------------------------
The Director of \2\ National Institute of Justice is authorized and
directed to conduct a technical evaluation of the marking systems
provided for in subsection (b) of this section to determine their
effectiveness in police combat situations. The Director shall begin the
study within 3 months after November 5, 1988, and such study shall be
completed within 9 months after November 5, 1988.
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``of the''.
---------------------------------------------------------------------------

(f) Effective date

This section shall become effective on the date 6 months after
November 5, 1988, and shall apply to toy, look-alike, and imitation
firearms manufactured or entered into commerce after November 5, 1988.

(g) Preemption of State or local laws or ordinances; exceptions

The provisions of this section shall supersede any provision of
State or local laws or ordinances which provide for markings or
identification inconsistent with provisions of this section provided
that no State shall--
(i) prohibit the sale or manufacture of any look-alike,
nonfiring, collector replica of an antique firearm developed prior
to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to
minors) of traditional B-B, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.

(Pub. L. 100-615, Sec. 4, Nov. 5, 1988, 102 Stat. 3190.)
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Old 02-15-2009, 07:51 PM
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Originally Posted by CairnisReed View Post
Hey all,
Well, none of my friends are really big into airsoft like me, but one of them mentioned airsoft was illegal in Ohio/Westlake.
So, what are the laws for airsoft in Ohio/Westlake, if a law enforcement official () sees me carrying one around my yard/street, which is relatively calm, would i be arrested?
Thanks

You shouldn't be carrying a airsoft or real gun for that matter in public view, your just asking for trouble as it's only a matter of time before someone calls the police.

The only time you should have weapon on your person is when it's concealed and you have a license issued to you from the state of Ohio or another state in which Ohio honors there permit.

Just dont take your airsoft guns out in public, it can only lead to bad things, both for yourself and the sport.
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Old 02-16-2009, 01:23 AM
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Originally Posted by Spec-Ops View Post
The only time you should have weapon on your person is when it's concealed and you have a license issued to you from the state of Ohio or another state in which Ohio honors there permit.
Just to make a point here, what you have posted here is incorrect in several respects. First off, Ohio law does not define airsoft replicas as "firearms" so it perfectly legal to carry one concealed or openly.

Secondly, it is also legal in Ohio to carry a firearm (handgun or rifle) openly without a license, and the Concealed Handgun license only applies to handguns, while an affirmative defense is in place for the concealed carry of non-handgun type firearms for any lawful purpose.

Really, what everyone needs to remember about laws and safely with airsoft or real firearms is this: its all in how you act. Carrying a firearm (or replica thereof) is not illegal, however, "brandishing" or carrying it in a threatening way (pointing it at people, waving it around, having it ready in hand, etc.) IS ILLEGAL and could result in you getting arrested and convicted, or worse. If you are in a public place or anywhere where someone you don't know may see you, think of your airsoft replica as if it where a real firearm, because that's how it will be perceived, and act accordingly.
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Old 02-16-2009, 05:41 AM
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Originally Posted by D_Man View Post
Just to make a point here, what you have posted here is incorrect in several respects. First off, Ohio law does not define airsoft replicas as "firearms" so it perfectly legal to carry one concealed or openly.

Secondly, it is also legal in Ohio to carry a firearm (handgun or rifle) openly without a license, and the Concealed Handgun license only applies to handguns, while an affirmative defense is in place for the concealed carry of non-handgun type firearms for any lawful purpose.
He never said it was illegal... he said it's what you SHOULD do. In other words, "if one decides to follow common sense, one would..."

a) not openly carry around something that is made to look like an actual firearm

b) not openly carry around a firearm.

Not that it is illegal, but hey, if you really want to get stopped by the cops, arrested, and go to court to be found innocent, be my guest. You can argue law all you want to an officer, but you're just going to be told to plead your case to the judge, which is completely appropriate.

Not everyone is savvy about gun laws, and that includes law enforcement officers. You will have the police called on you by people who don't know that it is legal to open carry in Ohio (which I would guess is about 80% of the population) or by people who can't tell the difference between a real steel gun and an airsoft gun that is made to look exactly like a real steel gun (which I would guess is about 99% of the population).
  #18  
Old 02-16-2009, 11:49 AM
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Not that it is illegal, but hey, if you really want to get stopped by the cops, arrested, and go to court to be found innocent, be my guest. You can argue law all you want to an officer, but you're just going to be told to plead your case to the judge, which is completely appropriate.
I have and do open carry on occasion. If an LEO were to arrest me for it, the last thing I would do is try to argue with him/her, rather, I would be imaging how I would plan to spend the money I would be making from the wrongful detainment lawsuit. A phrase that police like to use is "ignorance of the law is no excuse". Well I believe this to work both ways, and if an LEO is ignorant to the legality of carrying a firearm, then thats their problem.

This should be a discussion of the laws, not a sermon on what someone thinks you SHOULD or SHOULDN'T do. If I ran a poll that said 80% of people believed airsoft SHOULD be illegal, would you turn in your replicas and do as they feel?

Now I am not saying you should take your airsoft MP5 and take it for a walk down the street and not expect to be hassled in some way depending on where you are. My point is that so long as you are not acting in a menacing way, you are not committing a crime.
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Old 02-16-2009, 12:00 PM
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i would go ahead and get that concealed carry dman.. What do you do when you get to the car.. In the process of making that weapon safe and seperating ammo.. you could be brandishing in some peoples opinion. Cops are going to want to see you concealed carry.. that's just how it is.
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Old 02-16-2009, 12:21 PM
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i would go ahead and get that concealed carry dman.. What do you do when you get to the car.. In the process of making that weapon safe and seperating ammo.. you could be brandishing in some peoples opinion. Cops are going to want to see you concealed carry.. that's just how it is.
I never said I didn't have a CHL...
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Old 02-16-2009, 12:36 PM
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While I'm not certain, I doubt that a concealed carry permit would transfer to airsoft guns anyway.
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Old 02-16-2009, 02:34 PM
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While I'm not certain, I doubt that a concealed carry permit would transfer to airsoft guns anyway.
It would not, since Ohio law doesn't define airsoft replicas as "firearms" as I stated above.
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  #23  
Old 02-18-2009, 07:55 AM
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The following information comes from two sources:
- Ohio State Highway Patrol officer (my uncle) with 28 years experience.
- Ohio criminal court judge (family friend) with 34 years experience, now retired.

RE: Federal law about blaze orange tip and import/sale

The cop: If my uncle pulled you over and saw weapons in your back seat or trunk, you would be arrested (most likely at gunpoint) and detained in the back of a highway patrol cruiser until backup arrived and the weapons could be examined closely. Dogs could be involved, bomb squad, the whole nine yards.

The judge: This law is specific to import/sale and not the end user. It could be interpreted, and therefore argued in court, the intent of the use or sale of the item in question. Especially if transported across state lines.

The bottom line: The orange tip can be painted over or removed, but don't be stupid and run around like Rambo in your cul de sac. Someone is going to call the cops. When transporting your airsoft guns, disassemble them as much as possible (including removing batteries), cover/bag them, keep ammo stored separately and clearly label ammo packages. If you are pulled over for any reason, make the officer aware of what you're carrying and don't try to hide it. You're not doing anything wrong, but if the officer spots the weapons, his first reaction isn't likely going to be pleasant for you.

RE: Conceal/carry permits

The cop: This is specific to firearms, handguns in particular, and does not apply to airsoft replicas.

The judge: Ditto.

The bottom line: Don't waste people's time by applying for a permit.

RE: Openly carrying/displaying/using airsoft rifles in public

The cop: Think about your neighbors. If you're in the backyard shooting up the place and the police are called, you could be fined for disturbing the peace or inducing panic at a minimum. As long as you are on your own property (or have permission at another property) you should be fine.

The judge: Most federal and state laws are specific to firearms only, and not airsoft replicas. Airsoft guns would be treated as BB guns or paintball guns, and aren't regulated at the state or federal level. This could be superseded at the local level by city ordinance, so it's best to check with local police to see if such exists.

The bottom line: Both recommended educating neighbors about airsoft and your use of a replica weapon. As long as you aren't shooting up road signs or causing other destruction of property, there won't be a problem. The SWAT team isn't going to bust down your door thinking you're a terrorist.

In summary, I will just echo what others have already said in this (and other) threads: don't be stupid. This is 2009, and there are some crazy mofos out there. Law enforcement has the public interest and safety in mind, not to mention their own. Think about this:

You're a highway patrol officer and you pull over a car doing 80 on the freeway. There's 3 people in the car, all dressed in camo, and you see what looks like the barrel of a rifle sticking up in the back window. What would your first instinct be? Self-preservation. We live in a time where not that long ago some sick bastage was sniping people from the trunk of his car. I don't know about you, but following a few simple, common sense guidelines could mean the difference between a fun day of airsofting or ending up as a tragic story on the evening news.

These are replicas, which means "looks real, but isn't". About 95% of the people out there are going to go with "looks real, is real" as their first impression.
  #24  
Old 02-18-2009, 01:40 PM
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I'm kind of confused, is there an argument going on whether or not to carry an airsoft gun concealed?

Nice post Browncoat. Going along with your post, I cannot tell how many times I see people arrive to games fully geared out, with pistols in holsters and guns slung to them. They are asking for trouble. Use common sense people.
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Old 02-18-2009, 05:47 PM
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Quote:
Originally Posted by D_Man View Post
I have and do open carry on occasion. If an LEO were to arrest me for it, the last thing I would do is try to argue with him/her, rather, I would be imaging how I would plan to spend the money I would be making from the wrongful detainment lawsuit. A phrase that police like to use is "ignorance of the law is no excuse". Well I believe this to work both ways, and if an LEO is ignorant to the legality of carrying a firearm, then thats their problem.
I don't disagree with you. I would rather just avoid a situation like that altogether.
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