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H. B. No. 315 As IntroducedAs Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Representatives Morgan, Martin
Cosponsors:
Representatives Adams, J., Adams, R., Boose, Combs, Derickson, Evans, Hall, Hite, Huffman, Jordan, Mandel, Mecklenborg, Ruhl, Uecker, Wachtmann
A BILL
To enact section 2923.26 of the Revised Code to
provide that ammunition, firearms, and firearm
accessories that are manufactured and remain in
Ohio are not subject to federal laws and
regulations derived under Congress' authority to
regulate interstate commerce and to require the
words "Made in Ohio" be stamped on a central
metallic part of any firearm manufactured and sold
in Ohio.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.26 of the Revised Code be
enacted to read as follows:
Sec. 2923.26. (A) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(2) "Firearm accessories" means items that are used in
conjunction with or mounted upon a firearm but are not essential
to the basic function of the firearm, including, but not limited
to, telescopic or laser sights, magazines, flash or sound
suppressors, folding or aftermarket stocks and grips,
speedloaders, ammunition carriers, and lights for target
illumination.
(3) "Generic or insignificant parts" includes, but is not
limited to, springs, screws, nuts, and pins.
(4) "Manufactured" means created for functional usefulness
from basic materials through forging, casting, machining, or other
processes for working materials.
(B)(1) The general assembly declares that a personal firearm,
firearm accessory, or ammunition that is manufactured commercially
or privately in this state and that remains within this state is
not subject to federal laws, rules, or regulations governing
interstate commerce, including, but not limited to, federal laws,
rules, and regulations governing the registration of firearms,
firearm accessories, or ammunition. The general assembly declares
that ammunition, firearms, and firearm accessories that are
manufactured commercially or privately in this state and that
remain within this state have not travelled in interstate
commerce. Except as provided in division (C) of this section, this
section applies to ammunition, firearms, and firearm accessories
that are manufactured in this state from basic materials and that
can be manufactured without the inclusion of any significant parts
imported from another state.
(2) The general assembly declares that generic and
insignificant parts that have other manufacturing or consumer
product applications are not firearms, firearm accessories, or
ammunition and that the importation of generic and insignificant
parts into this state and their incorporation into a firearm,
firearm accessory, or ammunition manufactured in this state does
not subject the firearm, firearm accessory, or ammunition to
federal regulation. The general assembly declares that basic
materials, including, but not limited to, unmachined steel and
unshaped wood, are not firearms, firearm accessories, or
ammunition and are not subject to the authority of the congress of
the United States to regulate firearms, firearms accessories, and
ammunition. The authority of the congress of the United States to
regulate interstate commerce in basic materials does not include
the authority to regulate firearms, firearms accessories, and
ammunition made in this state from basic materials. The general
assembly declares that firearm accessories that are imported into
this state from another state and that are subject to federal
laws, rules, and regulations as items in interstate commerce do
not subject a firearm to federal laws, rules, and regulations
under interstate commerce because the firearm accessory is
attached to or used in conjunction with a firearm in this state.
(C) Division (B) of this section does not apply to any of the
following:
(1) A firearm that cannot be carried and used by one person;
(2) A firearm that has a bore diameter greater than one and
one-half inches and that uses smokeless powder, rather than black
powder, as a propellant;
(3) Ammunition with a projectile that explodes using an
explosion of chemical energy after the projectile leaves the
firearm;
(4) A firearm that discharges two or more projectiles with
one activation of the trigger or other firing device.
(D) A firearm manufactured in this state shall have the words
"Made in Ohio" clearly stamped on a central metallic part of the
firearm, such as the receiver or frame.
(E) The general assembly declares the state's authority to
enact this section is based on the following constitutional
provisions:
(1) The Tenth Amendment to the United States Constitution
guarantees to the states and their people all powers not granted
to the federal government elsewhere in the constitution and
reserves to the state and people of Ohio certain powers as they
were understood at the time that Ohio was admitted to statehood in
1803. The guarantee of those powers is a matter of contract
between the state and people of Ohio and the United States as of
the time that the compact with the United States was agreed upon
and adopted by Ohio and the United States in 1803.
(2) The Ninth Amendment to the United States Constitution
guarantees to the people the rights not granted in the
constitution and reserves to the people of Ohio certain rights as
they were understood at the time that Ohio was admitted to
statehood in 1803. The guaranty of those rights is a matter of
contract between the state and people of Ohio and the United
States as of the time that the compact with the United States was
agreed upon and adopted by Ohio and the United States in 1803.
(3) The regulation of intrastate commerce is vested in the
states under the Ninth and Tenth Amendments to the United States
Constitution, particularly if not expressly preempted by federal
law. The congress of the United States has not expressly preempted
state regulation of intrastate commerce pertaining to the
manufacture on an intrastate basis of firearms, firearm
accessories, and ammunition.
(4) The Second Amendment to the United States Constitution
reserves to the people the right to keep and bear arms as that
right was understood at the time that Ohio was admitted to
statehood in 1803, and the guaranty of the right is a matter of
contract between the state and people of Ohio and the United
States as of the time that the compact with the United States was
agreed upon and adopted by Ohio and the United States in 1803.
(5) Section 4 of Article I of the Ohio Constitution clearly
secures to Ohio citizens, and prohibits government interference
with, the right of individual Ohio citizens to bear arms.
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