ohio house bill otto beatty s military weapons ban note ohio legislation unlike federal legislation shows the entire law as it would be changed by the legislation these parts are in all capitals the rest i e current law is in regular type as introduced th general asembly regular session h b no represenative beatty a bill to amend sections and and to enact section of the revised code to expand the defintion of dangerous ordnance to include military weapons that do not use bolt action to increase the penalty for a violation of the prohibition against possession of dangerous ordnance to prohibit any person from acquiring a military weapon on or after the act s effective date to require the licensure of military weapons acquired for aproper purpose prior to the act s effective dte to prohibit a person from importing manufacturing or selling a military weapon and to declare an emergency be it enacted by the general assembly of the state of ohio section that sections and be amended and section of the revised code be enacted to read as follows sec as used in section to 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 firearm means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant firarms includes an unloaded firearm and any firearm which is inoperable but which can readily be rendered operable 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 circumstancial evidence including but not limited to the representations and actions of the individual exercising control over the firearm c handgun means any firearm designed to be fired while held in one hand d semi automatic firearm means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a suceeding 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 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 any firearm of crude and extemporized manufacture any device including without limitation a starter s pistol not designed as a firearm but which is specially adapted for use as a firearm any industrial tool signalling device or safety device not designed as a firearm but which as designed is capable of use as such a firearm 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 which 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 ordinance means any of the following except as provided in division l of this section any automatic or sawed off firearms zip gun or ballistic knife any explosive device or incendiary device 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 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 any firearm muffler or silencer any military weapon any detachable magazine magazine drum belt feed strip or similar device that has a capacity of or that readily can be restored or converted to accept more than fifteen rounds of ammunition any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordinance l dangerous ordnance does not include any of the following any firearm including a military weapon and the ammunition for that weapon and regardless of its actual age which employs a percussion cap or other obsolete ignition system or which is designed and safe for use only with black powder and any pistol rifle or shotgun designed or suitable for sporting purposes unless the firearm is either of the following a a military weapon as issued or as modified and the ammunition for that weapon b an automatic or sawed off firearm any cannon or other artilery piece which regardless of its actual age is of a type in accepted use prior to 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 black powder priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in division l of this section during displays celebrations organized matches or shoots and target practice and smokeless and black powder primers and percussion caps possed and lawfully used as a propellant or ignition device in small arms or small arms ammunition dangerous ordinance which is inoperable or inert and cannot readily be rendered operable or activated and which is kept as a trophy souvenir curio or museum piece any device which is expressly excepted from the definition of a destructive device pursuant to the gun control act of stat u s c a as amended and regulations issued under that act m military weapon means any of the following any firearm that originally was manufactured for military use or a copy of any such firearm if the firearm is not a bolt action firearm any model of any of the following firearms that is a semi automatic firearm and is a rifle or any model of any copy of any of the following firearms that is a semi automatic firearm and is a rifle a armalite ar b auto ordnance thompson models a and m c avtomat kalashnikov d poly tech ak s e china sports ak bullpup f mitchell ak and m g barrett light fifty model a h baretta ar i bushmaster auto rifle j calico m and m k colt ar l commando arms carbine mark mark and mark m universal carbine enforcer n american arms arm and aky o daewoo max and max p fabrique nationale fn fal fn lar and fn fnc q famas mas r feather at s federal kc and xc t galil ar and arm u goncz high tech carbine v heckler and koch hk hk hk and psg w mandall tac carbine x ruger mini sf folding stock model y sig amt and series z springfield armory sar g bm alpine and m a carbine aa sterling mk and mark bb steyr aug cc uzi carbine and mini carbine dd valmet m s m m and m bullpup carbine ee weaver arms nighthawk ff military m and military m carbine gg springfield armory m a assault hh thompson a with drum magazine ii plainfield commando universe carbine jj cobray m with or without silencer kk spectre auto carbine ll swd cobray mm armi jager ap and ap commando nn armscorp of america israeli fn fal oo clayco sks carbine pp dragunov sniper qq emf ap rr iver johnson pm p paratrooper ss norinco sks tt partisan avenger uu sigarms sg sp and sg sp vv squires bingham m ww wilkinson terry carbine any model of any of the following firearms that is a semi automatic firearm and is a pistol or any model of any copy of any of the following firearms that is a semi automatic firearm and is a pistol a bushmaster auto pistol b calico p auto pistol c ebcin nj iv mp and mp d feather mini at e goncz high tech pistol f holmes mp and mp g intratec tec and scorpion h iver johnson enforcer i ingram mac and mac j mitchell arms spectre auto k scarab skorpion l sterling mk m uzi pistol n universal enforcer o wilkinson linda auto pistol any model of any of the following firearms that is a semi automatic firearm and is a shotgun or any model of any copy of any of the following firearms that is a semi automatic firearm and is a shotgun a franchi spas and law b striker and street sweeper c benelli m super d mossberg bullpup e usas auto shotgun sec a no person shall knowingly acquire have or carry any dangerous ordnance no person shall knowingly use any dangerous ordnance b this section does not apply to any of the following 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 his duties 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 stat u s c and any amendments or additions to or reenactments of that act with respect to explosives and explosive devices lawfully acquired possessed carried or used under the laws of this state and applicable federal law importers manufactuers and dealers having a license to deal in destructive devices or their ammunition issued and in effect pursuant to the gun control act of stat u s c and any amendments or additions to or reenactments of that act with respect to dangerous ordnance lawfully acquired possessed carried or used under the laws of this state and applicable federal law persons to whom surplus ordnance has been sold loaned or given by the secretary of the army pursuant to a stat and u s c and any amendments or additions to or reenactments of that act with respect to dangerous ordnance when lawfully possessed and used for the purpose specified in that section owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of october stat u s c and any amendments or additions to or reenactments of and regulations issued under the act carriers warehousemen 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 the holders of a license or temporary permit issued and in effect pursuant to section of the revised code with respect to dangerous ordnance lawfully acquired possessed carried or used for the purposes and in the manner specified in the license or permit c division a of this section does not apply to the acquisition having or carrying of dangerous ordnance that is a military weapon if both of the following apply the person who acquires has or carries the dangerous ordnance in question acquired it before the effective date of this amendment as a collector s item or for a legitimate research scientific educational industrial or other proper purpose no later than the close of business on the seventh day after the effective date of this amendment the person who acquired the dangerous ordnance in question in accordance with division c of this section submitted an application pursuant to section of the revised code for a license to have and carry it and the application has not been denied or a valid license has been issued to the person d divisions a and of this section do not apply to the acquisition having carrying or using of any dangerous ordnance described in division k of section of the revised code that was acquired prior to the effective date of this amendment e whoever violates this section is quilty of unlawful possession of dangerous ordnance a an aggravated felony of the first degree sec a any person who acquired a military weapon before the effective date of this section shall file a written application for a license to have and carry the military weapon with the sheriff of the county or safety director or police chief of the municipal corporation where the applicant resides or has his principal place of business the application shall be filed no later than the close of business on the seventh day after the effective date of this section and shall be accompanied by a filing fee of fifty dollars the person shall file a separate application and pay a separate filing fee for each military weapon that he has or intends to carry the application shall contain all of the following information the name age address occupation and business address of the applicant if the applicant is a natural person or the name address and principal place of business of the applicant if the applicant is a corporation a description of the military weapon for which a license is requested including the serial number and all identification marks a statement of the purpose for which the military weapon was acquired and for which it is to be possessed carried or used any other information that the issuing authority may require in giving effect to this section the oath of the applicant that the information on the application is true b no later than the close of business on the fourteenth day after an application for a license to have and carry a military weapon has been filed under division a of this section the issuing authority shall either approve the application and issue a license to the applicant or deny the application and send a letter of denial by ordinary mail to the applicant after conducting any necessary investigation the issuing authority shall issue a license to an applicant whom it determines satisfies the following criteria a the applicant is twenty one years of age or older if the applicant is a natural person b it appears that the applicant will possess and carry the military weapon as a collector s item or for a legitimate scientific educational industrial or other proper purpose c it appears that the applicant has sufficient competence to have and carry the military weapon and that proper precautions will be taken to ensure the security of the military weapon and the safety of persons and property d the applicant otherswise is not prohibited by law from having or carrying dangerous ordnance a license issued pursuant to division b of this section shall be valid for one year after the date of its issuance the license shall be renewed pursuant to division c of this section c except as provided in division c of this section any person who is issued a license under division b of this section shall renew the license by filing an application for renewal by regular mail with the sheriff of the county or the safety director or police chief of the municipal corporation who was the issuing authority of the license an application for renewal shall be filed annually no later than one year after the date on which the license was issued or last renewed each sheriff and each safety director and peace officer of a municipal corporation shall make available applications for the renewal of a license issued under division b of this section in the application the applicant under oath shall update the information submitted in the previous application for a license or the renewal of a license the application for the renewal of a license shall be accompanied by a fee of five dollars the applicant shall file a seperate application for renewal and pay a seperate renewal fee for each military weapon that he intends to continue to have and carry a person who has changed his residence or principal place of business to a location outside of the jurisdiction of the issuing authority subsequent to the issuance or renewal of a license under this section shall renew his license by filing an application in the manner prescribed by division a of this section with the sheriff of the county or the safety director or police chief of the municipal corporation where he then resides or has his principal place of business when making an application to renew a license after a change in residence or place of business the applicant shall give notice of the change of address by regular mail to the original issuing authority for the license and the state fire marshall on notification forms prescribed by the sheriff safety director or police chief from whom he seeks renewal d a license to have and carry a military weapon shall identify the person to whom it is issued identify the military weapon for which it is issued state the purpose identified in division b b of this section for which the military weapon will be possessed and carried state its expiration date and list all restrictions on the having or carrying of the military weapon as prescribed by the laws of this state and applicable federal law e any person who is issued a license to have and carry a military weapon under this section and who changes his address shall notify the issuing authority of the change of his address no later than ninety days after the change has occurred f the issuing authority shall forward to the state fire marshall a copy of each license issued or renewed under this section the state fire marshall shall keep a permanent file of all licenses issued or renewed under this section g the issuing authority shall cause each application fee of fifty dollars filed under division a of this section to be deposited in the general fund of the county or muncipal corporation served by the issuing authority the issuing authority shall cause two dollars and fifty cents of each renewal fee filed under division c of this section to be deposited in the general fund of the county or municipal corporation served by the issuing authority and shall send two dollars and fifty cents of each renewal fee to the treasurer of state for deposit in the state treasury to the credit of the general revenue fund h whoever violates division a of this section is guilty of failing to apply for the licensure of a military weapon a felony of the fourth degree whoever violates division c of this section is guilty of failing to apply for renewal of a license for a military weapon a misdemeanor of the first degree i a military weapon that is not licensed as required by this section is contraband as defined in section of the revised code and is subject to forfeiture under section of the revised code sec a no person shall do any of the following import manufacture possess for sale sell or furnish to any person any military weapon recklessly sell lend give or furnish any firearm to any person prohibited by section or 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 or of the revised code from acquiring or using any dangerous ordnance possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division a of this section 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 when transferring any dangerous ordnance to another negligently fail to require the transferes to exhibit any identification license or permit showing him to be authorized to acquire dangerous ordnance pursuant to section of the revised code or negligently fail to take a complete record of the transaction and forthwith forward a copy of the record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in such person s possession or under his control b whoever violates this section is quilty of unlawful transactions in weapons violation of division a of this section is an aggravated felony of the first degree violation of division a or oof this section is a felony of the third degree violation of division a or of this section is a misdemeanor of the second degree violation of division of this section is a midemeanor of the fourth degree section that existing section and of the revised code are hereby repealed section this act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace health and safety the reason for this necessity is that with immediate action this act will prohibit the continued purchase possession and use of military weapons and as a result will ameliorate a substantial threat of death and injury to the public caused by the misuse of improper use of these weapons therefore this act shall go into immediate effect larry cipriani l v cipriani att com
