SENATORS Fingerhut, Fedor, Hagan, Mallory, Miller, Prentiss, Roberts

To amend section 2923.11 and to enact sections

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2923.191 and 5503.13 of the Revised Code to

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prohibit the manufacture, possession, purchase,

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sale, transfer, or offer to sell any assault

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weapon and certain other related conduct.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2923.11 be amended and sections	6
2923.191 and 5503.13 of the Revised Code be enacted to read as	7
follows:	8

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	9
Revised Code:	10

(A) "Deadly weapon" means any instrument, device, or thing	11
capable of inflicting death, and designed or specially adapted for	12
use as a weapon, or possessed, carried, or used as a weapon.	13

(B)(1) "Firearm" means any deadly weapon capable of expelling	14
or propelling one or more projectiles by the action of an	15
explosive or combustible propellant. "Firearm" includes an	16
unloaded firearm, and any firearm that is inoperable but that can	17
readily be rendered operable.	18

(2) When determining whether a firearm is capable of	19
expelling or propelling one or more projectiles by the action of	20
an explosive or combustible propellant, the trier of fact may rely	21
upon circumstantial evidence, including, but not limited to, the	22
representations and actions of the individual exercising control	23
over the firearm.	24

(C) "Handgun" means any firearm designed to be fired while	25
being held in one hand.	26

(D) "Semi-automatic firearm" means any firearm designed or	27
specially adapted to fire a single cartridge and automatically	28
chamber a succeeding cartridge ready to fire, with a single	29
function of the trigger.	30

(E) "Automatic firearm" means any firearm designed or	31
specially adapted to fire a succession of cartridges with a single	32
function of the trigger. "Automatic firearm" also means any	33
semi-automatic firearm designed or specially adapted to fire more	34
than thirty-one cartridges without reloading, other than a firearm	35
chambering only .22 caliber short, long, or long-rifle cartridges.	36

(F) "Sawed-off firearm" means a shotgun with a barrel less	37
than eighteen inches long, or a rifle with a barrel less than	38
sixteen inches long, or a shotgun or rifle less than twenty-six	39
inches long overall.	40

(G) "Zip-gun" means any of the following:

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(1) Any firearm of crude and extemporized manufacture;

42

(2) Any device, including without limitation a starter's	43
pistol, that is not designed as a firearm, but that is specially	44
adapted for use as a firearm;	45

(3) Any industrial tool, signalling device, or safety device,	46
that is not designed as a firearm, but that as designed is capable	47
of use as such, when possessed, carried, or used as a firearm.	48

(H) "Explosive device" means any device designed or specially	49
adapted to cause physical harm to persons or property by means of	50
an explosion, and consisting of an explosive substance or agency	51
and a means to detonate it. "Explosive device" includes without	52
limitation any bomb, any explosive demolition device, any blasting	53
cap or detonator containing an explosive charge, and any pressure	54
vessel that has been knowingly tampered with or arranged so as to	55
explode.	56

(I) "Incendiary device" means any firebomb, and any device	57
designed or specially adapted to cause physical harm to persons or	58
property by means of fire, and consisting of an incendiary	59
substance or agency and a means to ignite it.	60

(J) "Ballistic knife" means a knife with a detachable blade	61
that is propelled by a spring-operated mechanism.	62

(K) "Dangerous ordnance" means any of the following, except	63
as provided in division (L) of this section:	64

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	65
knife;	66

(2) Any explosive device or incendiary device;

67

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	68
cyclonite, TNT, picric acid, and other high explosives; amatol,	69
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	70
explosive compositions; plastic explosives; dynamite, blasting	71
gelatin, gelatin dynamite, sensitized ammonium nitrate,	72
liquid-oxygen blasting explosives, blasting powder, and other	73
blasting agents; and any other explosive substance having	74
sufficient brisance or power to be particularly suitable for use	75
as a military explosive, or for use in mining, quarrying,	76
excavating, or demolitions;	77

(4) Any firearm, rocket launcher, mortar, artillery piece,	78
grenade, mine, bomb, torpedo, or similar weapon, designed and	79
manufactured for military purposes, and the ammunition for that	80
weapon;	81

(5) Any firearm muffler or silencer;

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(6) Any combination of parts that is intended by the owner	83
for use in converting any firearm or other device into a dangerous	84
ordnance.	85

(L) "Dangerous ordnance" does not include any of the	86
following:	87

(1) Any firearm, including a military weapon and the	88
ammunition for that weapon, and regardless of its actual age, that	89
employs a percussion cap or other obsolete ignition system, or	90
that is designed and safe for use only with black powder;	91

(2) Any pistol, rifle, or shotgun, designed or suitable for	92
sporting purposes, including a military weapon as issued or as	93
modified, and the ammunition for that weapon, unless the firearm	94
is an automatic or sawed-off firearm;	95

(3) Any cannon or other artillery piece that, regardless of	96
its actual age, is of a type in accepted use prior to 1887, has no	97
mechanical, hydraulic, pneumatic, or other system for absorbing	98
recoil and returning the tube into battery without displacing the	99
carriage, and is designed and safe for use only with black powder;	100

(4) Black powder, priming quills, and percussion caps	101
possessed and lawfully used to fire a cannon of a type defined in	102
division (L)(3) of this section during displays, celebrations,	103
organized matches or shoots, and target practice, and smokeless	104
and black powder, primers, and percussion caps possessed and	105
lawfully used as a propellant or ignition device in small-arms or	106
small-arms ammunition;	107

(5) Dangerous ordnance that is inoperable or inert and cannot	108
readily be rendered operable or activated, and that is kept as a	109
trophy, souvenir, curio, or museum piece.	110

(6) Any device that is expressly excepted from the definition	111
of a destructive device pursuant to the "Gun Control Act of 1968,"	112
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	113
issued under that act.	114

(M) "Explosive" means any chemical compound, mixture, or	115
device, the primary or common purpose of which is to function by	116
explosion. "Explosive" includes all materials that have been	117
classified as class A, class B, or class C explosives by the	118
United States department of transportation in its regulations and	119
includes, but is not limited to, dynamite, black powder, pellet	120
powders, initiating explosives, blasting caps, electric blasting	121
caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses,	122
instantaneous fuses, and igniter cords and igniters. "Explosive"	123
does not include "fireworks," as defined in section 3743.01 of the	124
Revised Code, or any explosive that is not subject to regulation	125
under the rules of the fire marshal adopted pursuant to section	126
3737.82 of the Revised Code.	127

(N) "Assault weapon" means any of the following:

128

(1) Any semi-automatic firearm that is a handgun, any	129
semi-automatic firearm that is a rifle, or any pump-action rifle,	130
if the handgun or rifle is capable of accepting a detachable	131
magazine and also possesses any one or more of the following:	132

(a) If the firearm is a rifle, a pistol grip located to the	133
rear of the trigger;	134

(b) If the firearm is a rifle, a stock in any configuration,	135
including, but not limited to, a thumbhole stock, a folding stock,	136
or a telescoping stock, that allows the bearer of the firearm to	137
grasp the firearm with the trigger hand in such a manner that the	138
web of the trigger hand, between the thumb and the forefinger, can	139
be placed below the top of the external portion of the trigger	140
during firing;	141

(c) If the firearm is a handgun, a shoulder stock of any type	142
or configuration, including, but not limited to, a folding stock	143
or a telescoping stock;	144

(d) A barrel shroud;

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(e) A muzzle brake;

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(f) A muzzle compensator;

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(g) Any feature capable of functioning as a protruding grip	148
that can be held by the hand that is not the trigger hand.	149

(2) Any semi-automatic firearm that is a handgun and that is	150
capable of accepting a detachable magazine at any location outside	151
of the pistol grip;	152

(3) Any semi-automatic firearm that is a handgun or that is a	153
center-fire rifle, if the handgun or rifle has a fixed magazine	154
that has the capacity to accept more than ten rounds of	155
ammunition;	156

(4) Any shotgun capable of accepting a detachable magazine;

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(5) Any shotgun with a revolving cylinder;

158

(6) Any assault weapon conversion kit or other combination of	159
parts from which an assault weapon of any type described in	160
division (N)(1), (2), (3), (4), or (5) of this section can be	161
assembled if the parts are in the possession or under the control	162
of any person.	163

(O) "Barrel shroud" means, except as otherwise provided in	164
this division, any covering, other than a slide, that is attached	165
to, or that substantially or completely encircles, the barrel of a	166
firearm and that allows the bearer of the firearm to hold the	167
barrel with the non-shooting hand while firing the firearm,	168
without burning that hand. "Barrel shroud" does not include an	169
extension of the stock along the bottom of the barrel that does	170
not substantially or completely encircle the barrel.	171

(P) "Muzzle brake" means any device attached to the muzzle of	172
a weapon that utilizes escaping gas to reduce recoil.	173

(Q) "Muzzle compensator" means any device attached to the	174
muzzle of a weapon that utilizes escaping gas to control muzzle	175
movement.	176

(R) "Assault weapon conversion kit" means any kit or	177
combination of parts that is designed and intended for use in	178
converting a firearm into an assault weapon.	179

(S) "Detachable magazine" means a magazine, the function of	180
which is to deliver one or more ammunition cartridges into the	181
firing chamber, that can be removed from the firearm without the	182
use of any tool, including, but not limited to, a bullet or	183
ammunition cartridge.	184

(T) "Federally licensed firearms manufacturer or dealer"	185
means an importer, manufacturer, or dealer having a license to	186
deal in destructive devices or their ammunition, issued and in	187
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	188
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	189
that act or reenactments of that act.	190

Sec. 2923.191. (A) No person shall manufacture, possess,	191
purchase, sell, otherwise transfer, or offer to sell any assault	192
weapon, subject to division (C) of this section.	193

(B) No person shall possess or have under the person's	194
control, at one time, subject to division (D) of this section,	195
both of the following:	196

(1) A semi-automatic firearm that is a handgun, a	197
semi-automatic firearm that is a rifle, or a pump-action rifle, if	198
the handgun or rifle is capable of accepting a detachable	199
magazine;	200

(2) Any magazine that is capable of being used with the	201
handgun or rifle described in division (B)(1) of this section and	202
that contains more than ten rounds of ammunition.	203

(C) Division (A) of this section does not apply to any of the	204
following:	205

(1) The possession of an unloaded assault weapon for the	206
purpose of permanently relinquishing it to a law enforcement	207
agency in this state pursuant to rules adopted for that purpose by	208
the superintendent of the state highway patrol under section	209
5503.13 of the Revised Code;	210

(2) The transfer of any assault weapon by a federally	211
licensed firearms manufacturer or dealer to a law enforcement	212
agency in this state for use by that agency or its employees for	213
law enforcement purposes;	214

(3) The possession of an assault weapon that was legally	215
possessed on the effective date of this section;	216

(4) The possession of an assault weapon that has been	217
permanently disabled so that it is incapable of discharging a	218
projectile.	219

(D) Division (B) of this section does not apply to any person	220
while the person is doing either of the following:	221

(1) Lawfully engaged in shooting while at a shooting range	222
that is operating in accordance with all applicable laws and	223
requirements and that has obtained any licenses, permits, and	224
insurance coverage required for that operation;	225

(2) Lawfully participating in a sporting event that is	226
officially sanctioned by a club or organization established in	227
whole or in part for the purpose of sponsoring sport shooting	228
events.	229

(E) Any assault weapon, the manufacture, possession,	230
purchase, sale, other transfer, or attempted sale of which is	231
prohibited under division (A) of this section, is a public	232
nuisance subject to abatement under Chapter 3767. of the Revised	233
Code.	234

(F) The law enforcement agency to which the possession of any	235
assault weapon is permanently relinquished pursuant to rules	236
adopted under section 5503.13 of the Revised Code as described in	237
division (C)(1) of this section shall destroy the assault weapon.	238

(G) Whoever violates division (A) or (B) of this section is	239
guilty of possessing or transferring illegal firearms. Except as	240
otherwise provided in this division, possessing or transferring	241
illegal firearms is a felony of the fifth degree. Possessing or	242
transferring illegal firearms is a felony of the third degree if	243
the offender previously has been convicted of or pleaded guilty to	244
a felony of the first or second degree and the offender committed	245
the violation of division (A) or (B) of this section within five	246
years of the date of the offender's release from imprisonment or	247
from post-release control that is imposed for the commission of	248
the felony of the first or second degree.	249

Sec. 5503.13. The superintendent of the state highway patrol	250
shall adopt rules that provide procedures and criteria pursuant to	251
which a person may permanently relinquish an unloaded assault	252
weapon to a law enforcement agency in this state, as described in	253
division (C)(1) of section 2923.191 of the Revised Code.	254

Section 2. That existing section 2923.11 of the Revised Code	255
is hereby repealed.	256