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H. B. No. 31 As IntroducedAs Introduced
|130th General Assembly|
Representatives Foley, Antonio
To enact section 2923.191 of the Revised Code to
prohibit any person from storing or leaving a
firearm in the person's residence unless the
firearm is secured in safe storage or rendered
inoperable by a tamper-resistant lock or other
safety device if the person knows or reasonably
should know that a minor is able to gain access to
the firearm and to provide criminal penalties if a
minor gains unauthorized access to a firearm not
so stored or rendered inoperable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.191 of the Revised Code be
enacted to read as follows:
Sec. 2923.191. (A)(1) No person shall store or leave a
firearm in a manner or location in the person's residence if the
person knows or reasonably should know that a minor is able to
gain access to the firearm.
(2)(a) This section does not apply to a person who stores or
leaves a firearm in the person's residence if the firearm is kept
in safe storage or equipped with a tamper-resistant mechanical
lock or other safety device that is properly engaged so as to
render the weapon inoperable by any person other than the owner of
the firearm or any other lawfully authorized user of the firearm.
(b) This section does not apply to a person who stores or
leaves a firearm in the person's residence if a minor gains access
to the firearm as a result of any other person's unlawful entry
into the person's residence.
(B)(1) Whoever violates this section is guilty of criminally
negligent storage of a firearm if a minor gains access to the
firearm as a result of the violation without the lawful permission
of the minor's parent, guardian, or custodian.
(2) Except as otherwise provided in division (B)(3) of this
section, a violation of this section is a misdemeanor of the third
(3) If the minor who gains access to the firearm as a result
of the violation and without the lawful permission of the minor's
parent, guardian, or custodian uses the firearm to cause personal
injury or death, other than in self-defense, a violation of this
section is a felony of the first degree.
(C) Nothing in this section prohibits a person who is in the
person's residence from carrying a firearm on the person's person
or placing a firearm in a location that is under the person's