As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 275 5
1997-1998 6
REPRESENTATIVES HAINES-O'BRIEN-GARCIA-TAYLOR-BUCHY-WACHTMANN-HOOD- 8
CALLENDER-LUCAS-MYERS-BATCHELDER 9
11
A B I L L
To amend section 2923.16 of the Revised Code to 13
specify that the offense of improperly handling 14
firearms in a motor vehicle is not committed 15
when, under specified circumstances, the alleged 16
offender discharges a firearm from, or transports 17
or possesses a firearm in, a motor vehicle on 18
certain real property owned by the alleged 19
offender or a family member. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2923.16 of the Revised Code be 24
amended to read as follows: 25
Sec. 2923.16. (A) No person shall knowingly discharge a 34
firearm while in or on a motor vehicle. 35
(B) No person shall knowingly transport or have a loaded 37
firearm in a motor vehicle, in such A manner that the firearm is 39
accessible to the operator or any passenger without leaving the 40
vehicle. 41
(C) No person shall knowingly transport or have a firearm 43
in a motor vehicle, unless it is unloaded, and is carried in one 44
of the following ways: 45
(1) In a closed package, box, or case; 47
(2) In a compartment which THAT can be reached only by 49
leaving the vehicle; 50
(3) In plain sight and secured in a rack or holder made 52
for the purpose; 53
2
(4) In plain sight with the action open or the weapon 55
stripped, or, if the firearm is of a type on which the action 56
will not stay open or which cannot easily be stripped, in plain 57
sight. 58
(D)(1) This section does not apply to officers, agents, or 60
employees of this or any other state or the United States, or to 61
law enforcement officers, WHEN authorized to carry or have loaded 62
or accessible firearms in motor vehicles, and acting within the 63
scope of their duties. 64
(2) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 68
PERSON WHO IS THE OPERATOR OF OR A PASSENGER IN A MOTOR VEHICLE 69
ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED AREA OF A
TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR 70
AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE PASSENGER, OR 72
A PERSON RELATED TO THE OPERATOR OR PASSENGER BY CONSANGUINITY OR 73
AFFINITY IF THE PERSON WHO IS THE OPERATOR OR PASSENGER, AT THE 74
TIME OF THE ALLEGED VIOLATION OF THAT DIVISION, HAS THE RIGHT OR 75
PRIVILEGE TO BE ON THE REAL PROPERTY AND DOES NOT DISCHARGE THE 76
FIREARM IN ANY OF THE FOLLOWING MANNERS: 77
(a) WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, 80
OR ALCOHOL AND A DRUG OF ABUSE;
(b) IN THE DIRECTION OF A STREET, HIGHWAY, OR OTHER PUBLIC 83
OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR 84
PARKING;
(c) AT OR INTO AN OCCUPIED STRUCTURE THAT IS A PERMANENT 87
OR TEMPORARY HABITATION;
(d) IN THE COMMISSION OF ANY VIOLATION OF LAW, INCLUDING, 90
BUT NOT LIMITED TO, A FELONY THAT INCLUDES, AS AN ESSENTIAL 91
ELEMENT, PURPOSELY OR KNOWINGLY CAUSING OR ATTEMPTING TO CAUSE 92
THE DEATH OF OR PHYSICAL HARM TO ANOTHER AND THAT WAS COMMITTED 93
BY DISCHARGING A FIREARM FROM A MOTOR VEHICLE. 94
(3) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY TO 98
A PERSON WHO, AT THE TIME OF THE ALLEGED VIOLATION OF EITHER OF 99
THOSE DIVISIONS, IS THE OPERATOR OF OR A PASSENGER IN A MOTOR 100
3
VEHICLE ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED
AREA OF A TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS 101
USED FOR AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE 103
PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER BY 104
CONSANGUINITY OR AFFINITY IF THE PERSON WHO IS THE OPERATOR OR
PASSENGER, PRIOR TO ARRIVING AT THAT REAL PROPERTY, DID NOT 106
TRANSPORT OR POSSESS A FIREARM IN THE MOTOR VEHICLE IN A MANNER 107
PROHIBITED BY DIVISION (B) OR (C) OF THIS SECTION WHILE THE MOTOR 110
VEHICLE WAS BEING OPERATED ON A STREET, HIGHWAY, OR OTHER PUBLIC 111
OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR 112
PARKING.
(E) The affirmative defenses contained in division 114
DIVISIONS (C)(1) and (2) of section 2923.12 of the Revised Code 115
are affirmative defenses to a charge under division (B) or (C) of 116
this section. 117
(F) Whoever violates this section is guilty of improperly 119
handling firearms in a motor vehicle. Violation of division (A) 120
or (B) of this section is a misdemeanor of the first degree. 121
Violation of division (C) of this section is a misdemeanor of the 122
fourth degree. 123
(G) As used in this section,: 125
(1) "MOTOR VEHICLE," "STREET," AND "HIGHWAY" HAVE THE SAME 128
MEANINGS AS IN SECTION 4511.01 OF THE REVISED CODE. 130
(2) "OCCUPIED STRUCTURE" HAS THE SAME MEANING AS IN 132
SECTION 2909.01 OF THE REVISED CODE. 134
(3) "AGRICULTURE" HAS THE SAME MEANING AS IN SECTION 136
519.01 OF THE REVISED CODE. 137
(4) "unloaded UNLOADED" means, with respect to a firearm 139
employing a percussion cap, flintlock, or other obsolete ignition 140
system, when the weapon is uncapped, or when the priming charge 141
is removed from the pan.
Section 2. That existing section 2923.16 of the Revised 143
Code is hereby repealed. 144