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S. B. No. 18 As IntroducedAs Introduced
|130th General Assembly|
Senators Brown, Kearney, Skindell, Tavares, Turner
To amend section 109.52 and to enact sections
109.5731 and 2923.171 of the Revised Code to
prohibit a person from knowingly acquiring,
possessing, carrying, or using an assault weapon
and to require the Attorney General to prepare for
the establishment of a firearm and ammunition
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.52 be amended and sections
109.5731 and 2923.171 of the Revised Code be enacted to read as
Sec. 109.52. The bureau of criminal identification and
investigation may operate and maintain a criminal analysis
laboratory and mobile units thereof, create a staff of
investigators and technicians skilled in the solution and control
of crimes and criminal activity, keep statistics and other
necessary data, maintain a firearm and ammunition transactions
database, assist in the prevention of crime, and engage in such
other activities as will aid law enforcement officers in solving
crimes and controlling criminal activity.
Sec. 109.5731. The attorney general shall prepare for the
establishment and operation of a firearm and ammunition
transactions database that will be maintained by the bureau of
criminal identification and investigation. The attorney general
shall establish the database in conformity with the requirements
of any act that is enacted by the general assembly.
Sec. 2923.171. (A) No person shall knowingly possess or
acquire any assault weapon.
(B) 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 the officer, agent,
employee, or member is authorized to possess or acquire an assault
weapon and is acting within the scope of the officer's, agent's,
employee's, or member's duties;
(2) A manufacturer or importer of assault weapons that is
licensed as a licensed manufacturer or licensed importer under the
"Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 1921 et seq.,
and any amendments or additions thereto or reenactments thereof;
(3) Carriers, warehouses, and others engaged in the business
of transporting or storing firearms for hire, with respect to
assault weapons lawfully transported or stored in the usual course
of their business and in compliance with the laws of this state
and applicable federal law.
(C) Whoever violates division (A) of this section is guilty
of unlawful possession of an assault weapon, a felony of the fifth
(D) As used in this section, "assault weapon" means an
automatic firearm that has not been rendered permanently
inoperable, a semi-automatic firearm capable of accepting a
detachable magazine with the capacity to accept ten or more
cartridges, and a semi-automatic firearm with a fixed magazine
with the capacity to accept ten or more cartridges.
Section 2. That existing section 109.52 of the Revised Code
is hereby repealed.