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
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(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
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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
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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