130th Ohio General Assembly
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As Passed by the House

122nd General Assembly
Regular Session
1997-1998
Am. H. B. No. 275

REPRESENTATIVES HAINES-O'BRIEN-GARCIA-TAYLOR-BUCHY-WACHTMANN-HOOD- CALLENDER-LUCAS-MYERS-BATCHELDER-REID-TIBERI-HARRIS-SAWYER- HOTTINGER-CAREY-MOTTLEY-AMSTUTZ-WISE-WILLIAMS-TERWILLEGER-BATEMAN


A BILL
To amend section 2923.16 of the Revised Code to specify that the offense of improperly handling firearms in a motor vehicle is not committed when, under specified circumstances, the alleged offender discharges a firearm from, or transports or possesses a firearm in, a motor vehicle on certain real property owned by the alleged offender or a family member.

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


Section 1. That section 2923.16 of the Revised Code be amended to read as follows:

Sec. 2923.16. (A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle, in such A manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is carried in one of the following ways:

(1) In a closed package, box, or case;

(2) In a compartment which THAT can be reached only by leaving the vehicle;

(3) In plain sight and secured in a rack or holder made for the purpose;

(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(D)(1) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, WHEN authorized to carry or have loaded or accessible firearms in motor vehicles, and acting within the scope of their duties.

(2) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A PERSON WHO IS THE OPERATOR OF OR A PASSENGER IN A MOTOR VEHICLE ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED AREA OF A TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER BY CONSANGUINITY OR AFFINITY IF THE PERSON WHO IS THE OPERATOR OR PASSENGER, AT THE TIME OF THE ALLEGED VIOLATION OF THAT DIVISION, HAS THE RIGHT OR PRIVILEGE TO BE ON THE REAL PROPERTY AND DOES NOT DISCHARGE THE FIREARM IN ANY OF THE FOLLOWING MANNERS:

(a) WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE;

(b) IN THE DIRECTION OF A STREET, HIGHWAY, OR OTHER PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR PARKING;

(c) AT OR INTO AN OCCUPIED STRUCTURE THAT IS A PERMANENT OR TEMPORARY HABITATION;

(d) IN THE COMMISSION OF ANY VIOLATION OF LAW, INCLUDING, BUT NOT LIMITED TO, A FELONY THAT INCLUDES, AS AN ESSENTIAL ELEMENT, PURPOSELY OR KNOWINGLY CAUSING OR ATTEMPTING TO CAUSE THE DEATH OF OR PHYSICAL HARM TO ANOTHER AND THAT WAS COMMITTED BY DISCHARGING A FIREARM FROM A MOTOR VEHICLE.

(3) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY TO A PERSON WHO, AT THE TIME OF THE ALLEGED VIOLATION OF EITHER OF THOSE DIVISIONS, IS THE OPERATOR OF OR A PASSENGER IN A MOTOR VEHICLE ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED AREA OF A TOWNSHIP, THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR AGRICULTURE, AND THAT IS OWNED BY THE OPERATOR, THE PASSENGER, OR A PERSON RELATED TO THE OPERATOR OR PASSENGER BY CONSANGUINITY OR AFFINITY IF THE PERSON WHO IS THE OPERATOR OR PASSENGER, PRIOR TO ARRIVING AT THAT REAL PROPERTY, DID NOT TRANSPORT OR POSSESS A FIREARM IN THE MOTOR VEHICLE IN A MANNER PROHIBITED BY DIVISION (B) OR (C) OF THIS SECTION WHILE THE MOTOR VEHICLE WAS BEING OPERATED ON A STREET, HIGHWAY, OR OTHER PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR VEHICULAR TRAFFIC OR PARKING.

(E) The affirmative defenses contained in division DIVISIONS (C)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section.

(F) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the first degree. Violation of division (C) of this section is a misdemeanor of the fourth degree.

(G) As used in this section,:

(1) "MOTOR VEHICLE," "STREET," AND "HIGHWAY" HAVE THE SAME MEANINGS AS IN SECTION 4511.01 OF THE REVISED CODE.

(2) "OCCUPIED STRUCTURE" HAS THE SAME MEANING AS IN SECTION 2909.01 OF THE REVISED CODE.

(3) "AGRICULTURE" HAS THE SAME MEANING AS IN SECTION 519.01 of the Revised Code.

(4) "unloaded UNLOADED" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped, or when the priming charge is removed from the pan.


Section 2. That existing section 2923.16 of the Revised Code is hereby repealed.
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