As Passed by the House 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-REID-TIBERI-HARRIS-SAWYER- 9
HOTTINGER-CAREY-MOTTLEY-AMSTUTZ-WISE-WILLIAMS-TERWILLEGER-BATEMAN 10
13
A B I L L
To amend section 2923.16 of the Revised Code to 15
specify that the offense of improperly handling 16
firearms in a motor vehicle is not committed 17
when, under specified circumstances, the alleged 18
offender discharges a firearm from, or transports 19
or possesses a firearm in, a motor vehicle on 20
certain real property owned by the alleged 21
offender or a family member. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2923.16 of the Revised Code be 26
amended to read as follows: 27
Sec. 2923.16. (A) No person shall knowingly discharge a 36
firearm while in or on a motor vehicle. 37
(B) No person shall knowingly transport or have a loaded 39
firearm in a motor vehicle, in such A manner that the firearm is 41
accessible to the operator or any passenger without leaving the 42
vehicle. 43
(C) No person shall knowingly transport or have a firearm 45
in a motor vehicle, unless it is unloaded, and is carried in one 46
of the following ways: 47
(1) In a closed package, box, or case; 49
(2) In a compartment which THAT can be reached only by 51
leaving the vehicle; 52
(3) In plain sight and secured in a rack or holder made 54
2
for the purpose; 55
(4) In plain sight with the action open or the weapon 57
stripped, or, if the firearm is of a type on which the action 58
will not stay open or which cannot easily be stripped, in plain 59
sight. 60
(D)(1) This section does not apply to officers, agents, or 62
employees of this or any other state or the United States, or to 63
law enforcement officers, WHEN authorized to carry or have loaded 64
or accessible firearms in motor vehicles, and acting within the 65
scope of their duties. 66
(2) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 70
PERSON WHO IS THE OPERATOR OF OR A PASSENGER IN A MOTOR VEHICLE 71
ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED AREA OF A
TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR 72
AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE PASSENGER, OR 74
A PERSON RELATED TO THE OPERATOR OR PASSENGER BY CONSANGUINITY OR 75
AFFINITY IF THE PERSON WHO IS THE OPERATOR OR PASSENGER, AT THE 76
TIME OF THE ALLEGED VIOLATION OF THAT DIVISION, HAS THE RIGHT OR 77
PRIVILEGE TO BE ON THE REAL PROPERTY AND DOES NOT DISCHARGE THE 78
FIREARM IN ANY OF THE FOLLOWING MANNERS: 79
(a) WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, 82
OR ALCOHOL AND A DRUG OF ABUSE;
(b) IN THE DIRECTION OF A STREET, HIGHWAY, OR OTHER PUBLIC 85
OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR 86
PARKING;
(c) AT OR INTO AN OCCUPIED STRUCTURE THAT IS A PERMANENT 89
OR TEMPORARY HABITATION;
(d) IN THE COMMISSION OF ANY VIOLATION OF LAW, INCLUDING, 92
BUT NOT LIMITED TO, A FELONY THAT INCLUDES, AS AN ESSENTIAL 93
ELEMENT, PURPOSELY OR KNOWINGLY CAUSING OR ATTEMPTING TO CAUSE 94
THE DEATH OF OR PHYSICAL HARM TO ANOTHER AND THAT WAS COMMITTED 95
BY DISCHARGING A FIREARM FROM A MOTOR VEHICLE. 96
(3) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY TO 100
A PERSON WHO, AT THE TIME OF THE ALLEGED VIOLATION OF EITHER OF 101
3
THOSE DIVISIONS, IS THE OPERATOR OF OR A PASSENGER IN A MOTOR 102
VEHICLE ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED
AREA OF A TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS 103
USED FOR AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE 105
PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER BY 106
CONSANGUINITY OR AFFINITY IF THE PERSON WHO IS THE OPERATOR OR
PASSENGER, PRIOR TO ARRIVING AT THAT REAL PROPERTY, DID NOT 108
TRANSPORT OR POSSESS A FIREARM IN THE MOTOR VEHICLE IN A MANNER 109
PROHIBITED BY DIVISION (B) OR (C) OF THIS SECTION WHILE THE MOTOR 112
VEHICLE WAS BEING OPERATED ON A STREET, HIGHWAY, OR OTHER PUBLIC 113
OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR 114
PARKING.
(E) The affirmative defenses contained in division 116
DIVISIONS (C)(1) and (2) of section 2923.12 of the Revised Code 117
are affirmative defenses to a charge under division (B) or (C) of 118
this section. 119
(F) Whoever violates this section is guilty of improperly 121
handling firearms in a motor vehicle. Violation of division (A) 122
or (B) of this section is a misdemeanor of the first degree. 123
Violation of division (C) of this section is a misdemeanor of the 124
fourth degree. 125
(G) As used in this section,: 127
(1) "MOTOR VEHICLE," "STREET," AND "HIGHWAY" HAVE THE SAME 130
MEANINGS AS IN SECTION 4511.01 OF THE REVISED CODE. 132
(2) "OCCUPIED STRUCTURE" HAS THE SAME MEANING AS IN 134
SECTION 2909.01 OF THE REVISED CODE. 136
(3) "AGRICULTURE" HAS THE SAME MEANING AS IN SECTION 138
519.01 OF THE REVISED CODE. 139
(4) "unloaded UNLOADED" means, with respect to a firearm 141
employing a percussion cap, flintlock, or other obsolete ignition 142
system, when the weapon is uncapped, or when the priming charge 143
is removed from the pan.
Section 2. That existing section 2923.16 of the Revised 145
Code is hereby repealed. 146