As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 31

Representative Patmon 

Cosponsors: Representatives Foley, Antonio 

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A BILL

To enact section 2923.191 of the Revised Code to

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prohibit any person from storing or leaving a

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firearm in the person's residence unless the

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firearm is secured in safe storage or rendered

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inoperable by a tamper-resistant lock or other

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safety device if the person knows or reasonably

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should know that a minor is able to gain access to

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the firearm and to provide criminal penalties if a

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minor gains unauthorized access to a firearm not

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so stored or rendered inoperable.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 2923.191 of the Revised Code be	11
enacted to read as follows:	12

Sec. 2923.191.  (A)(1) No person shall store or leave a	13
firearm in a manner or location in the person's residence if the	14
person knows or reasonably should know that a minor is able to	15
gain access to the firearm.	16

(2)(a) This section does not apply to a person who stores or	17
leaves a firearm in the person's residence if the firearm is kept	18
in safe storage or equipped with a tamper-resistant mechanical	19
lock or other safety device that is properly engaged so as to	20
render the weapon inoperable by any person other than the owner of	21
the firearm or any other lawfully authorized user of the firearm.	22

(b) This section does not apply to a person who stores or	23
leaves a firearm in the person's residence if a minor gains access	24
to the firearm as a result of any other person's unlawful entry	25
into the person's residence.	26

(B)(1) Whoever violates this section is guilty of criminally	27
negligent storage of a firearm if a minor gains access to the	28
firearm as a result of the violation without the lawful permission	29
of the minor's parent, guardian, or custodian.	30

(2) Except as otherwise provided in division (B)(3) of this	31
section, a violation of this section is a misdemeanor of the third	32
degree.	33

(3) If the minor who gains access to the firearm as a result	34
of the violation and without the lawful permission of the minor's	35
parent, guardian, or custodian uses the firearm to cause personal	36
injury or death, other than in self-defense, a violation of this	37
section is a felony of the first degree.	38

(C) Nothing in this section prohibits a person who is in the	39
person's residence from carrying a firearm on the person's person	40
or placing a firearm in a location that is under the person's	41
immediate control.	42