Question?

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jsh909
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Question?

Post by jsh909 » June 8th, 2019, 12:32 pm

I figured this was as good as any place to post this. Sorry if I was wrong and you guys want to move it.

I have a .22/.410 over under with rifle sights. The .410 barrel is a fixed full. I am working up a load of low recoiliing T9s for my son.

I live in Ohio, we can't use rifles for turkey. So here is my question. Do you guys think we would run into trouble with the green jeans if he is carrying a gun chambered for .22 Even if we had none on us? I know there is a decent number of Ohio guys on here, but I am looking for opinions from everyone. I have left multiple messages for the ODNR with no response. It is a short, light, nice shooting gun. 22 inch barrels. He is comfortable with it and shoots it well.

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Re: Question?

Post by jdjnicholson » June 8th, 2019, 12:39 pm

Most likely illegal. You need to look into your state regs or make a call.

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soiltester
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Re: Question?

Post by soiltester » June 8th, 2019, 1:15 pm

jsh909 wrote:
June 8th, 2019, 12:32 pm
I figured this was as good as any place to post this. Sorry if I was wrong and you guys want to move it.

I have a .22/.410 over under with rifle sights. The .410 barrel is a fixed full. I am working up a load of low recoiliing T9s for my son.

I live in Ohio, we can't use rifles for turkey. So here is my question. Do you guys think we would run into trouble with the green jeans if he is carrying a gun chambered for .22 Even if we had none on us? I know there is a decent number of Ohio guys on here, but I am looking for opinions from everyone. I have left multiple messages for the ODNR with no response. It is a short, light, nice shooting gun. 22 inch barrels. He is comfortable with it and shoots it well.
Just check with "The Man" ahead of time before you put a lot of work into it ;)
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GobbleNut
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Re: Question?

Post by GobbleNut » June 8th, 2019, 1:45 pm

Yeah, you really should get a definitive word from your DNR,...and if someone tells you it is legal, then you should probably have them give you a written statement saying so. If you can't get a written opinion saying it is legal or illegal, I would request they give you a statement to that affect, as well. If that was the case, I would go ahead and use the gun,...but just make sure that you did not have any ammo for it.

Regardless, I think they would be hard-pressed to have any citation you got hold up in court,...way too many loopholes for something like that to be upheld. Of course, on the other hand, just having to go through that process would probably not be worth messing with.

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Re: Question?

Post by Turkinator » June 8th, 2019, 2:54 pm

I’d say you would be good to go as long as you had no rifle ammunition on you or in your vehicle

jsh909
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Re: Question?

Post by jsh909 » June 8th, 2019, 3:51 pm

Thanks for the feedback guys. I am still waiting to hear back, been about 2 weeks and multiple messages. There is nothing in the regs that would make me think one way or the other. And yes I will get officers name and badge number before proceeding. I was basically just curious on opinions from the peanut gallery. I was on the fence about it, so I figured I would hear what y'all had to say.

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Re: Question?

Post by guesswho » June 8th, 2019, 4:29 pm

I asked a couple friends of mine. One is a retired Ohio covert officer, and the other was his supervisor. Both said the gun is illegal for turkey hunting, bullet or no bullet. They also said getting a citation would depend on the on scene officer.
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jsh909
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Re: Question?

Post by jsh909 » June 8th, 2019, 4:42 pm

Perfect, thank you. I appreciate it. Looks like a new gun is in the future then.

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Re: Question?

Post by WV Ridge Reaper » June 8th, 2019, 4:46 pm

Just tell em the guys one gobbler nation told you that you could do it !!!


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Re: Question?

Post by GobbleNut » June 8th, 2019, 6:02 pm

jsh909 wrote:
June 8th, 2019, 4:42 pm
Perfect, thank you. I appreciate it. Looks like a new gun is in the future then.
A new gun would be the simplest solution to the problem,...even if more costly. However, if there is nothing WRITTEN in the regulations that says you cannot use the gun, it would be hard for me to believe you could be prosecuted for letting your son use it as a shotgun only. Besides that, any CO that would make a stink about a kid using the gun legally to hunt with should lose his job! There are some things that are just ridiculous.

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Re: Question?

Post by hoobilly » June 8th, 2019, 6:08 pm

WV Ridge Reaper wrote:
June 8th, 2019, 4:46 pm
Just tell em the guys one gobbler nation told you that you could do it !!!


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Yes! Perfect answer! 410 should now be legal here in Indiana!

:LMAO:

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Re: Question?

Post by Grumpy » June 8th, 2019, 7:08 pm

Tell the fish cops you are Pence's brother in law.
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jsh909
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Re: Question?

Post by jsh909 » June 9th, 2019, 12:41 am

I am thinking just to be cautious I will just grab a super bantam .410 for him. We are going to hold one Monday at a local shop that has one.

I don't want to have his first hunting experience ruined by a questionable encounter with the law, even if it is perfectly legal. Plus it's a perfect excuse to buy a new gun.

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Re: Question?

Post by howl » June 9th, 2019, 11:21 am

You can't expect the warden to actually know the regulations. Should? Yes. Can? No. You can ask the specific one who works your area what he thinks, 'cause that's what makes the difference on whether you get a ticket or not.

Nothin' wrong with a new gun!

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Re: Question?

Post by redarrow » June 10th, 2019, 8:16 am

I don't know about Ohio,but it is illegal in Michigan. I witnessed a CO take the very same gun away and issue a ticket to a young man that was deer hunting with one.
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GobbleNut
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Re: Question?

Post by GobbleNut » June 10th, 2019, 9:05 am

Like some say occasionally on here,..."It there's not a picture, it didn't happen". Same holds true for regulations dealing with stuff like this,..."If it is not written down somewhere in the regulations, it is not a law". Regardless of someone's "opinion", enforcement of all regulations is based completely on what is written down in a legal document somewhere. If you really want to get to the bottom of this issue, submit a written request to have the regulation provided to you in writing, have it signed by the appropriate individual at your DNR, and tell them that if they cannot provide that written documentation, you plan on letting your son use the gun (as a shotgun only). They will either provide that documentation,...or they will drop it and say,..."go ahead and use the gun,...just don't have any rifle ammo on you when you're doing it". Your response: ..."Write that down for me and sign it".

No CO worth the badge he wears is going to cite you for something he cannot show you a legal document where it is written down in law. ...And even if he did, no judge worth his robe would penalize someone for something that is not clearly documented in written law.

Having said that, sometimes it is just best to take the easy route,....and in this case, the new gun would be it. :D :mrgreen:

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Re: Question?

Post by timbrhuntr » June 10th, 2019, 9:50 am

It shall be unlawful for any person to hunt or take wild turkeys with any firearm except:

A shotgun using shot.

(3) It shall be unlawful for any person to possess more than one hunting implement, singly or in the aggregate, to include a firearm, longbow or crossbow while hunting wild turkey.

There ya go from the Ohio Hunting code for the wild turkey !

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GobbleNut
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Re: Question?

Post by GobbleNut » June 10th, 2019, 10:29 am

Yup,...I would interpret that to mean that to mean you can't use the gun. However, this also just goes to show the questionable intelligence of those that write the regulations. Wouldn't it be simpler and clearer to just state,..."it is unlawful to use any shotgun that also has a rifle barrel",....or something similar,... firgawdsake?! :evil:

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Re: Question?

Post by HunterGKS » June 10th, 2019, 11:27 am

GobbleNut wrote:
June 10th, 2019, 10:29 am
Yup,...I would interpret that to mean that to mean you can't use the gun. However, this also just goes to show the questionable intelligence of those that write the regulations. Wouldn't it be simpler and clearer to just state,..."it is unlawful to use any shotgun that also has a rifle barrel",....or something similar,... firgawdsake?! :evil:
You think that's unclear? You should read Ohio's CCW law. I contacted the AG's office, my state Senator & Representative for clarification on 1 small part
& none could/would clarify. The law clearly states that you have to tell LE when you are carrying but doesn't address what to do if you're not carrying.
The standard response was, "It's not our responsibility to interpret the law." My response: "WTF are you talking about? You wrote the law and/or prosecute
it & you can't tell me what it means?" Several months ago, when I had my little interaction with 3 LEs, I asked them what they wanted from a CCW holder
who wasn't carrying, & they said: "Whatever makes you comfortable."
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Re: Question?

Post by guesswho » June 10th, 2019, 11:42 am

I asked my two Ohio GW buddies if they would write kid a citation for using one, they both said no. I asked them if they would write me a citation for using one. They both said they would handcuff me. write me a citation and have me strip searched for the bullet that I said I didn't have.
Last edited by guesswho on June 10th, 2019, 1:29 pm, edited 1 time in total.
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Re: Question?

Post by HunterGKS » June 10th, 2019, 12:02 pm

guesswho wrote:
June 10th, 2019, 11:42 am
I asked my two Ohio GW buddies if they would write kid a citation for using one, they both said no. I asked them if they would write me a citation for using one. They both said they handcuff me. write me a citation and have me strip searched for the bullet that I said I didn't have.
Which would include a "deep, penetrating search!!" Hopefully, you won't have a misfire!!!!
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jsh909
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Re: Question?

Post by jsh909 » June 10th, 2019, 12:51 pm

Thanks guys,
That was the line in the laws I was questioning also.
However, I got a response from a local officer today. He said it is perfectly legal as long as we are not in possession of any .22 ammo

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Re: Question?

Post by GobbleNut » June 10th, 2019, 3:23 pm

jsh909 wrote:
June 10th, 2019, 12:51 pm
Thanks guys,
That was the line in the laws I was questioning also.
However, I got a response from a local officer today. He said it is perfectly legal as long as we are not in possession of any .22 ammo
WTF?...Just goes to demonstrate exactly what we are talking about. The wording of that regulation is so vague that it can be interpreted however the guy that reads it wants to interpret it. To me, the wording "It shall be unlawful for any person to possess more than one hunting implement, singly or in the aggregate, to include a firearm" pretty much says you can't have a shotgun/rifle combo to hunt with. Who writes these damn rules anyway?!
...Again, I have would him write it out for me and sign the statement if he said it's okay.

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soiltester
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Re: Question?

Post by soiltester » June 10th, 2019, 3:53 pm

jsh909 wrote:
June 10th, 2019, 12:51 pm
Thanks guys,
That was the line in the laws I was questioning also.
However, I got a response from a local officer today. He said it is perfectly legal as long as we are not in possession of any .22 ammo
Now ya' can go fer' it, and hopefully he'll be on duty if you do get checked :thumbup: :thumbup:


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Re: Question?

Post by Hognutz » June 10th, 2019, 4:28 pm

Ask six officers and you’d probably get six different answers. :dontknow:
May I assume you're not here to inquire about the alcohol or the tobacco?
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