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S. B. No. 36 As IntroducedAs Introduced
|130th General Assembly|
To enact sections 5502.23 and 5502.231 of the Revised
Code to prohibit any agency and its employees and
agents from seizing or authorizing the seizure of
any firearm from any person lawfully in possession
or control of the firearm except when a law
enforcement officer reasonably believes the
immediate seizure of the firearm is necessary for
the safety of the officer or another person or to
preserve the firearm as evidence, to prohibit the
establishment of a firearm registry, and to
prohibit law enforcement officers and
international agents from enforcing a firearms
registration requirement or firearm ban.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5502.23 and 5502.231 of the Revised
Code be enacted to read as follows:
Sec. 5502.23. (A) Except as provided in division (B) of this
section, no agency, or employee or agent of an agency, shall seize
or authorize the seizure of any firearm from any person who is
lawfully in possession or control of a firearm.
(B)(1) A law enforcement officer who is acting in the lawful
discharge of the officer's duties may seize a firearm in the
possession, or under the control, of any person if the law
enforcement officer reasonably believes the immediate seizure of
the firearm is necessary for the safety of the law enforcement
officer or another individual. The law enforcement officer shall
return the firearm to the person from whom it was seized if the
person is not arrested, the firearm is not seized under division
(B)(2) of this section, and the reason for the seizure of the
firearm no longer exists.
(2) A law enforcement officer who is acting in the lawful
discharge of the officer's duties may seize a firearm when the
seizure is necessary to preserve the firearm as evidence, or for
the investigation, of a criminal offense.
(C) As used in this section, "firearm" has the same meaning
as in section 2923.11 of the Revised Code.
Sec. 5502.231. (A) No law enforcement officer, federal law
enforcement officer, international agent, or other person shall
enforce or attempt to enforce a firearm registration requirement
or firearm ban in any statute or rule of this state or the United
States or any ordinance, resolution, or rule of a political
subdivision, unless the registration requirement or ban is in
effect prior to the effective date of this section.
(B) No political subdivision shall enact or adopt any
ordinance, resolution, or rule that requires a person to register
a firearm or establishes a firearm registry.
(C) Whoever violates division (A) of this section is guilty
of unlawful enforcement of a firearm registration requirement or
firearm ban, a felony of the first degree.
(D) As used in this section:
(1) "Federal law enforcement officer" has the same meaning as
in section 2921.51 of the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(3) "Firearm ban" means any ban or prohibition on a person's
possession of a firearm that is not based on the status or
condition of the person or limited to the possession of a firearm
in a school safety zone, courthouse, or other designated location.
(4) "Political subdivision" has the same meaning as in
section 2921.421 of the Revised Code.