130th Ohio General Assembly
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S. B. No. 319  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 319


Senator Tavares 



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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