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H. B. No. 191 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Hood, Johnson, Buchy, Hackett, Thompson, Retherford, Wachtmann, Lynch, Beck, Adams, J., Maag
A BILL
To amend section 2923.11 of the Revised Code to
generally remove from the definition of "automatic
firearm" in the Weapons Control Law a
semi-automatic firearm designed or specifically
adapted to fire more than 31 cartridges without
reloading.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.11 of the Revised Code be
amended to read as follows:
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the
Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) "Firearm" means any deadly weapon capable of expelling
or propelling one or more projectiles by the action of an
explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but that can
readily be rendered operable.
(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may rely
upon circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control
over the firearm.
(C) "Handgun" means any of the following:
(1) Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type
described in division (C)(1) of this section can be assembled.
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a single
function of the trigger. "Automatic firearm" also means any
semi-automatic firearm designed or specially adapted to fire more
than thirty-one cartridges without reloading, other than a firearm
chambering only .22 caliber short, long, or long-rifle cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's
pistol, that is not designed as a firearm, but that is specially
adapted for use as a firearm;
(3) Any industrial tool, signalling device, or safety device,
that is not designed as a firearm, but that as designed is capable
of use as such, when possessed, carried, or used as a firearm.
(H) "Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of
an explosion, and consisting of an explosive substance or agency
and a means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following, except
as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or ballistic
knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives; amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a dangerous
ordnance.
(L) "Dangerous ordnance" does not include any of the
following:
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age, that
employs a percussion cap or other obsolete ignition system, or
that is designed and safe for use only with black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable for
sporting purposes, including a military weapon as issued or as
modified, and the ammunition for that weapon, unless the firearm
is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless of
its actual age, is of a type in accepted use prior to 1887, has no
mechanical, hydraulic, pneumatic, or other system for absorbing
recoil and returning the tube into battery without displacing the
carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and cannot
readily be rendered operable or activated, and that is kept as a
trophy, souvenir, curio, or museum piece.
(6) Any device that is expressly excepted from the definition
of a destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act.
(M) "Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been
classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and
igniter cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised Code, or
any substance or material otherwise meeting the definition of
explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described
in section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of
section 3743.80 of the Revised Code and the rules of the fire
marshal adopted pursuant to section 3737.82 of the Revised Code.
(N)(1) "Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of
the Revised Code or a license to carry a concealed handgun issued
by another state with which the attorney general has entered into
a reciprocity agreement under section 109.69 of the Revised Code.
(2) A reference in any provision of the Revised Code to a
concealed handgun license issued under section 2923.125 of the
Revised Code or a license to carry a concealed handgun issued
under section 2923.125 of the Revised Code means only a license of
the type that is specified in that section. A reference in any
provision of the Revised Code to a concealed handgun license
issued under section 2923.1213 of the Revised Code, a license to
carry a concealed handgun issued under section 2923.1213 of the
Revised Code, or a license to carry a concealed handgun on a
temporary emergency basis means only a license of the type that is
specified in section 2923.1213 of the Revised Code. A reference in
any provision of the Revised Code to a concealed handgun license
issued by another state or a license to carry a concealed handgun
issued by another state means only a license issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(O) "Valid concealed handgun license" or "valid license to
carry a concealed handgun" means a concealed handgun license that
is currently valid, that is not under a suspension under division
(A)(1) of section 2923.128 of the Revised Code, under section
2923.1213 of the Revised Code, or under a suspension provision of
the state other than this state in which the license was issued,
and that has not been revoked under division (B)(1) of section
2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, or under a revocation provision of the state other
than this state in which the license was issued.
Section 2. That existing section 2923.11 of the Revised Code
is hereby repealed.
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