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Am. H. B. No. 234 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Grossman, Becker
Cosponsors:
Representatives Boose, Lynch, Brenner, Hood, Beck, Hackett, Retherford, Stebelton, Thompson, Maag, Hagan, C., Burkley, Buchy, Barborak, Blessing, Cera, Hall, Hayes, Johnson, Perales Speaker Batchelder
A BILL
To amend section 2923.17 and to enact section 1533.04
of the Revised Code to allow a person to use a
noise suppressor attached to a gun while hunting
game birds or wild quadrupeds.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.17 be amended and section
1533.04 of the Revised Code be enacted to read as follows:
Sec. 1533.04. (A) A person who holds a valid hunting license
issued under this chapter and who hunts game birds or wild
quadrupeds may use a suppressor attached to a gun that is
authorized to be used for hunting by section 1533.16 of the
Revised Code while hunting, provided that the person is authorized
to possess the suppressor under state and federal laws and has
registered the suppressor in accordance with the "National
Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as
amended.
(B) As used in this section, "suppressor" means any device
used for diminishing the sound of any shot, bullet, or projectile
that is discharged from a gun that is authorized to be used for
hunting by section 1533.16 of the Revised Code.
Sec. 2923.17. (A) No person shall knowingly acquire, have,
carry, or use any dangerous ordnance.
(B) No person shall manufacture or process an explosive at
any location in this state unless the person first has been issued
a license, certificate of registration, or permit to do so from a
fire official of a political subdivision of this state or from the
office of the fire marshal.
(C) Division (A) of this section does not apply to:
(1) Officers, agents, or employees of this or any other state
or the United States, members of the armed forces of the United
States or the organized militia of this or any other state, and
law enforcement officers, to the extent that any such person is
authorized to acquire, have, carry, or use dangerous ordnance and
is acting within the scope of the person's duties;
(2) Importers, manufacturers, dealers, and users of
explosives, having a license or user permit issued and in effect
pursuant to the "Organized Crime Control Act of 1970," 84 Stat.
952, 18 U.S.C. 843, and any amendments or additions thereto or
reenactments thereof, with respect to explosives and explosive
devices lawfully acquired, possessed, carried, or used under the
laws of this state and applicable federal law;
(3) Importers, manufacturers, and dealers having a license to
deal in destructive devices or their ammunition, issued and in
effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213,
18 U.S.C. 923, and any amendments or additions thereto or
reenactments thereof, with respect to dangerous ordnance lawfully
acquired, possessed, carried, or used under the laws of this state
and applicable federal law;
(4) Persons to whom surplus ordnance has been sold, loaned,
or given by the secretary of the army pursuant to 70A Stat. 262
and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or
additions thereto or reenactments thereof, with respect to
dangerous ordnance when lawfully possessed and used for the
purposes specified in such section;
(5) Owners of dangerous ordnance registered in the national
firearms registration and transfer record pursuant to the act of
October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any
amendments or additions thereto or reenactments thereof, and
regulations issued thereunder.;
(6) Carriers, warehouses, and others engaged in the business
of transporting or storing goods for hire, with respect to
dangerous ordnance lawfully transported or stored in the usual
course of their business and in compliance with the laws of this
state and applicable federal law;
(7) The holders of a license or temporary permit issued and
in effect pursuant to section 2923.18 of the Revised Code, with
respect to dangerous ordnance lawfully acquired, possessed,
carried, or used for the purposes and in the manner specified in
such license or permit;
(8) Persons who own a dangerous ordnance that is a firearm
muffler or silencer attached to a gun that is authorized to be
used for hunting by section 1533.16 of the Revised Code and who
are authorized to use such a dangerous ordnance by section
1533.04 of the Revised Code.
(D) Whoever violates division (A) of this section is guilty
of unlawful possession of dangerous ordnance, a felony of the
fifth degree.
(E) Whoever violates division (B) of this section is guilty
of illegally manufacturing or processing explosives, a felony of
the second degree.
Section 2. That existing section 2923.17 of the Revised Code
is hereby repealed.
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