As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                            Sub. 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           

                  SENATORS B. JOHNSON-BLESSING                     11           


                                                                   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 or leased by the                    

                alleged 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           

                                                          2      

                                                                 
      (3)  In plain sight and secured in a rack or holder made     54           

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 IF ALL OF THE FOLLOWING CIRCUMSTANCES APPLY:                             

      (a)  THE PERSON DISCHARGES A FIREARM FROM A MOTOR VEHICLE    72           

AT A COYOTE OR GROUNDHOG, THE DISCHARGE IS NOT DURING THE DEER     73           

GUN HUNTING SEASON AS SET BY THE CHIEF OF THE DIVISION OF          75           

WILDLIFE OF THE DEPARTMENT OF NATURAL RESOURCES, AND THE           76           

DISCHARGE AT THE COYOTE OR GROUNDHOG, BUT FOR THE OPERATION OF     77           

THIS SECTION, IS LAWFUL.                                                        

      (b)  THE MOTOR VEHICLE FROM WHICH THE PERSON DISCHARGES THE  79           

FIREARM IS ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED   80           

AREA OF A TOWNSHIP AND THAT EITHER IS ZONED FOR AGRICULTURE OR IS  81           

USED FOR AGRICULTURE.                                                           

      (c)  THE PERSON OWNS THE REAL PROPERTY DESCRIBED IN          83           

DIVISION (D)(2)(b) OF THIS SECTION, IS THE SPOUSE OR A CHILD OF    85           

ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, IS A TENANT OF         86           

ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, OR IS THE SPOUSE OR A               

CHILD OF A TENANT OF ANOTHER PERSON WHO OWNS THAT REAL PROPERTY.   87           

      (d)  THE PERSON DOES NOT DISCHARGE THE FIREARM IN ANY OF     90           

THE FOLLOWING MANNERS:                                                          

      (i)  WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE,  93           

OR ALCOHOL AND A DRUG OF ABUSE;                                                 

      (ii)  IN THE DIRECTION OF A STREET, HIGHWAY, OR OTHER        96           

PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR        97           

                                                          3      

                                                                 
TRAFFIC OR PARKING;                                                             

      (iii)  AT OR INTO AN OCCUPIED STRUCTURE THAT IS A PERMANENT  100          

OR TEMPORARY HABITATION;                                                        

      (iv)  IN THE COMMISSION OF ANY VIOLATION OF LAW, INCLUDING,  103          

BUT NOT LIMITED TO, A FELONY THAT INCLUDES, AS AN ESSENTIAL        104          

ELEMENT, PURPOSELY OR KNOWINGLY CAUSING OR ATTEMPTING TO CAUSE     105          

THE DEATH OF OR PHYSICAL HARM TO ANOTHER AND THAT WAS COMMITTED    106          

BY DISCHARGING A FIREARM FROM A MOTOR VEHICLE.                     107          

      (3)  DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY TO   111          

A PERSON IF ALL OF THE FOLLOWING CIRCUMSTANCES APPLY:                           

      (a)  AT THE TIME OF THE ALLEGED VIOLATION OF EITHER OF       114          

THOSE DIVISIONS, THE PERSON IS THE OPERATOR OF OR A PASSENGER IN                

A MOTOR VEHICLE.                                                   115          

      (b)  THE MOTOR VEHICLE IS ON REAL PROPERTY THAT IS LOCATED   117          

IN AN UNINCORPORATED AREA OF A TOWNSHIP AND THAT EITHER IS ZONED   119          

FOR AGRICULTURE OR IS USED FOR AGRICULTURE.                        120          

      (c)  THE PERSON OWNS THE REAL PROPERTY DESCRIBED IN          122          

DIVISION (D)(3)(b) OF THIS SECTION, IS THE SPOUSE OR A CHILD OF    124          

ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, IS A TENANT OF         125          

ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, OR IS THE SPOUSE OR A               

CHILD OF A TENANT OF ANOTHER PERSON WHO OWNS THAT REAL PROPERTY.   126          

      (d)  THE PERSON, PRIOR TO ARRIVING AT THE REAL PROPERTY      129          

DESCRIBED IN DIVISION (D)(3)(b) OF THIS SECTION, DID NOT           130          

TRANSPORT OR POSSESS A FIREARM IN THE MOTOR VEHICLE IN A MANNER    131          

PROHIBITED BY DIVISION (B) OR (C) OF THIS SECTION WHILE THE MOTOR  134          

VEHICLE WAS BEING OPERATED ON A STREET, HIGHWAY, OR OTHER PUBLIC   135          

OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR    136          

PARKING.                                                                        

      (E)  The affirmative defenses contained in division          138          

DIVISIONS (C)(1) and (2) of section 2923.12 of the Revised Code    139          

are affirmative defenses to a charge under division (B) or (C) of  140          

this section.                                                      141          

      (F)  Whoever violates this section is guilty of improperly   143          

handling firearms in a motor vehicle.  Violation of division (A)   144          

                                                          4      

                                                                 
or (B) of this section is a misdemeanor of the first degree.       145          

Violation of division (C) of this section is a misdemeanor of the  146          

fourth degree.                                                     147          

      (G)  As used in this section,:                               149          

      (1)  "MOTOR VEHICLE," "STREET," AND "HIGHWAY" HAVE THE SAME  152          

MEANINGS AS IN SECTION 4511.01 OF THE REVISED CODE.                154          

      (2)  "OCCUPIED STRUCTURE" HAS THE SAME MEANING AS IN         156          

SECTION 2909.01 OF THE REVISED CODE.                               158          

      (3)  "AGRICULTURE" HAS THE SAME MEANING AS IN SECTION        160          

519.01 OF THE REVISED CODE.                                        161          

      (4)  "TENANT" HAS THE SAME MEANING AS IN SECTION 1531.01 OF  163          

THE REVISED CODE.                                                               

      (5)  "unloaded UNLOADED" means, with respect to a firearm    166          

employing a percussion cap, flintlock, or other obsolete ignition  167          

system, when the weapon is uncapped, or when the priming charge    168          

is removed from the pan.                                                        

      Section 2.  That existing section 2923.16 of the Revised     170          

Code is hereby repealed.                                           171