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S. B. No. 319 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 2923.20 and to enact section 2923.26
of the Revised Code to generally prohibit storage
of firearms where minors can get access to them
and to require the transferor of a firearm to
inform the transferee of the requirements for
storage of the firearm.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.20 be amended and section
2923.26 of the Revised Code be enacted to read as follows:
Sec. 2923.20. (A) No person shall:
(1) Recklessly sell, lend, give, or furnish any firearm to
any person prohibited by section 2923.13 or 2923.15 of the Revised
Code from acquiring or using any firearm, or recklessly sell,
lend, give, or furnish any dangerous ordnance to any person
prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised
Code from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordnance with purpose to
dispose of it in violation of division (A) of this section;
(3) Manufacture, possess for sale, sell, or furnish to any
person other than a law enforcement agency for authorized use in
police work, any brass knuckles, cestus, billy, blackjack,
sandbag, switchblade knife, springblade knife, gravity knife, or
similar weapon;
(4) When transferring any dangerous ordnance to another,
negligently fail to require the transferee to exhibit such
identification, license, or permit showing him the transferee to
be authorized to acquire dangerous ordnance pursuant to section
2923.17 of the Revised Code, or negligently fail to take a
complete record of the transaction and forthwith forward a copy of
that record to the sheriff of the county or safety director or
police chief of the municipality where the transaction takes
place;
(5) Knowingly fail to report to law enforcement authorities
forthwith the loss or theft of any firearm or dangerous ordnance
in the person's possession or under the person's control;
(6) Sell a firearm or otherwise transfer a firearm for
consideration without informing the transferee in writing of the
requirements of section 2923.26 of the Revised Code regarding the
storage of firearms and of the penalty for a violation of that
section.
(B) Whoever violates this section is guilty of unlawful
transactions in weapons. A violation of division (A)(1) or (2) of
this section is a felony of the fourth degree. A violation of
division (A)(3) or (4) of this section is a misdemeanor of the
second degree. A violation of division (A)(5) of this section is a
misdemeanor of the fourth degree. A violation of division (A)(6)
of this section is an unclassified misdemeanor for which the
offender shall be fined not more than ten thousand dollars.
Sec. 2923.26. (A) As used in this section, "minor" means a
person under eighteen years of age.
(B) No person shall store or leave a firearm in any place not
under the person's immediate control where the person knows or has
reason to believe that a minor may gain access to the firearm
without the lawful permission of the minor's parent, guardian, or
custodian unless the firearm is unloaded and kept in a securely
locked container and any ammunition for the firearm is kept in a
separate, securely locked container.
(C) If a firearm is stored or left in violation of this
section, a minor gains access to the firearm, and the minor causes
death or bodily injury to any person with the firearm, a violation
of this section is unlawful storage of a firearm, a felony of the
third degree.
Section 2. That existing section 2923.20 of the Revised Code
is hereby repealed.
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