As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 275 5
1997-1998 6
REPRESENTATIVES HAINES-O'BRIEN-GARCIA-TAYLOR-BUCHY-WACHTMANN-HOOD 8
10
A B I L L
To amend section 2923.16 of the Revised Code to 12
specify that the offense of improperly handling 13
firearms in a motor vehicle is not committed 14
when, under specified circumstances, the alleged 15
offender discharges a firearm from, or transports 16
or possesses a firearm in, a motor vehicle on 17
real property owned by the alleged offender or a 18
family member. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2923.16 of the Revised Code be 23
amended to read as follows: 24
Sec. 2923.16. (A) No person shall knowingly discharge a 33
firearm while in or on a motor vehicle. 34
(B) No person shall knowingly transport or have a loaded 36
firearm in a motor vehicle, in such A manner that the firearm is 38
accessible to the operator or any passenger without leaving the 39
vehicle. 40
(C) No person shall knowingly transport or have a firearm 42
in a motor vehicle, unless it is unloaded, and is carried in one 43
of the following ways: 44
(1) In a closed package, box, or case; 46
(2) In a compartment which THAT can be reached only by 48
leaving the vehicle; 49
(3) In plain sight and secured in a rack or holder made 51
for the purpose; 52
(4) In plain sight with the action open or the weapon 54
2
stripped, or, if the firearm is of a type on which the action 55
will not stay open or which cannot easily be stripped, in plain 56
sight. 57
(D)(1) This section does not apply to officers, agents, or 59
employees of this or any other state or the United States, or to 60
law enforcement officers, WHEN authorized to carry or have loaded 61
or accessible firearms in motor vehicles, and acting within the 62
scope of their duties. 63
(2) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 67
PERSON WHO IS THE OPERATOR OF OR A PASSENGER IN A MOTOR VEHICLE 68
THAT IS LOCATED ON REAL PROPERTY OWNED BY THE OPERATOR, THE 69
PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER BY 70
CONSANQUINITY OR AFFINITY AND WHO, AT THE TIME OF THE ALLEGED 71
VIOLATION OF THAT DIVISION, HAS THE RIGHT OR PRIVILEGE TO BE ON
THE REAL PROPERTY AND DOES NOT DISCHARGE THE FIREARM IN ANY OF 73
THE FOLLOWING MANNERS:
(a) WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, 76
OR ALCOHOL AND A DRUG OF ABUSE;
(b) IN THE DIRECTION OF A STREET, HIGHWAY, OR OTHER PUBLIC 79
OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR 80
PARKING;
(c) AT OR INTO AN OCCUPIED STRUCTURE THAT IS A PERMANENT 83
OR TEMPORARY HABITATION;
(d) IN THE COMMISSION OF ANY VIOLATION OF LAW, INCLUDING, 86
BUT NOT LIMITED TO, A FELONY THAT INCLUDES, AS AN ESSENTIAL 87
ELEMENT, PURPOSELY OR KNOWINGLY CAUSING OR ATTEMPTING TO CAUSE 88
THE DEATH OF OR PHYSICAL HARM TO ANOTHER AND THAT WAS COMMITTED 89
BY DISCHARGING A FIREARM FROM A MOTOR VEHICLE. 90
(3) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY TO 94
A PERSON WHO, AT THE TIME OF THE ALLEGED VIOLATION OF EITHER OF 95
THOSE DIVISIONS, IS THE OPERATOR OF OR A PASSENGER IN A MOTOR 96
VEHICLE THAT IS LOCATED ON REAL PROPERTY OWNED BY THE OPERATOR, 97
THE PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER 98
BY CONSANQUINITY OR AFFINITY AND WHO, PRIOR TO ARRIVING AT THAT 99
3
REAL PROPERTY, DID NOT TRANSPORT OR POSSESS A FIREARM IN THE 100
MOTOR VEHICLE IN A MANNER PROHIBITED BY DIVISION (B) OR (C) OF 102
THIS SECTION WHILE THE MOTOR VEHICLE WAS BEING OPERATED ON A 103
STREET, HIGHWAY, OR OTHER PUBLIC OR PRIVATE PROPERTY USED BY THE 104
PUBLIC FOR VEHICULAR TRAFFIC OR PARKING. 105
(E) The affirmative defenses contained in division 107
DIVISIONS (C)(1) and (2) of section 2923.12 of the Revised Code 108
are affirmative defenses to a charge under division (B) or (C) of 109
this section. 110
(F) Whoever violates this section is guilty of improperly 112
handling firearms in a motor vehicle. Violation of division (A) 113
or (B) of this section is a misdemeanor of the first degree. 114
Violation of division (C) of this section is a misdemeanor of the 115
fourth degree. 116
(G) As used in this section,: 118
(1) "MOTOR VEHICLE," "STREET," AND "HIGHWAY" HAVE THE SAME 121
MEANINGS AS IN SECTION 4511.01 OF THE REVISED CODE. 123
(2) "OCCUPIED STRUCTURE" HAS THE SAME MEANING AS IN 125
SECTION 2909.01 OF THE REVISED CODE. 127
(3) "unloaded UNLOADED" means, with respect to a firearm 130
employing a percussion cap, flintlock, or other obsolete ignition 131
system, when the weapon is uncapped, or when the priming charge 132
is removed from the pan.
Section 2. That existing section 2923.16 of the Revised 134
Code is hereby repealed. 135