130th Ohio General Assembly
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H. B. No. 315  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 315


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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