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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. 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-
SENATORS B. JOHNSON-BLESSING
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 or leased 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 IF ALL OF THE FOLLOWING CIRCUMSTANCES APPLY:
(a) THE PERSON DISCHARGES A FIREARM FROM A MOTOR VEHICLE AT A
COYOTE OR GROUNDHOG, THE DISCHARGE IS NOT DURING THE DEER GUN HUNTING SEASON
AS
SET BY THE CHIEF OF THE DIVISION OF WILDLIFE OF THE DEPARTMENT OF NATURAL
RESOURCES, AND THE DISCHARGE AT THE COYOTE OR GROUNDHOG, BUT FOR THE OPERATION
OF THIS SECTION, IS LAWFUL.
(b) THE MOTOR VEHICLE FROM WHICH THE PERSON DISCHARGES THE
FIREARM IS ON REAL PROPERTY THAT IS LOCATED IN AN UNINCORPORATED AREA OF A
TOWNSHIP AND THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR AGRICULTURE.
(c) THE PERSON OWNS THE REAL PROPERTY DESCRIBED IN DIVISION
(D)(2)(b) OF THIS SECTION,
IS THE SPOUSE OR A CHILD OF ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, IS A
TENANT OF 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.
(d)THE PERSON DOES NOT DISCHARGE THE
FIREARM IN ANY OF THE FOLLOWING MANNERS:
(i) WHILE UNDER THE INFLUENCE OF
ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE;
(ii) IN THE DIRECTION OF A STREET, HIGHWAY, OR
OTHER PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR
VEHICULAR TRAFFIC OR PARKING;
(iii) AT OR INTO AN OCCUPIED STRUCTURE THAT IS A
PERMANENT OR TEMPORARY HABITATION;
(iv) 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 IF ALL OF THE FOLLOWING CIRCUMSTANCES APPLY:
(a) AT THE TIME OF THE ALLEGED VIOLATION OF
EITHER OF THOSE DIVISIONS, THE PERSON IS THE OPERATOR OF OR A PASSENGER IN
A MOTOR VEHICLE.
(b) THE MOTOR VEHICLE IS ON REAL PROPERTY THAT IS LOCATED IN AN
UNINCORPORATED AREA OF
A TOWNSHIP AND THAT EITHER IS ZONED FOR AGRICULTURE OR IS USED FOR
AGRICULTURE.
(c) THE PERSON OWNS THE REAL PROPERTY DESCRIBED IN DIVISION
(D)(3)(b) OF THIS SECTION,
IS THE SPOUSE OR A CHILD OF ANOTHER PERSON WHO OWNS THAT REAL PROPERTY, IS A
TENANT OF 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.
(d)THE PERSON, PRIOR TO
ARRIVING AT THE REAL PROPERTY DESCRIBED IN DIVISION
(D)(3)(b) OF THIS SECTION, 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) "TENANT" HAS THE SAME MEANING AS IN SECTION 1531.01 of the Revised Code.
(5) "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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