Bill Text: OH HB234 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To revise the law governing firearms.

Spectrum: Strong Partisan Bill (Republican 37-2)

Status: (Passed) 2014-12-19 - Governor' Action [HB234 Detail]

Download: Ohio-2013-HB234-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 234

Representatives Grossman, Becker 

Cosponsors: Representatives Boose, Lynch, Brenner, Hood, Beck, Hackett, Retherford, Stebelton, Thompson, Maag, Hagan, C., Burkley, Buchy, Barborak, Blessing, Cera, Hall, Hayes, Johnson, Perales Speaker Batchelder 

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A BILL

To amend section 2923.17 and to enact section 1533.04

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of the Revised Code to allow a person to use a

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noise suppressor attached to a gun while hunting

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game birds or wild quadrupeds.

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

Section 1. That section 2923.17 be amended and section	5
1533.04 of the Revised Code be enacted to read as follows:	6

Sec. 1533.04.  (A) A person who holds a valid hunting license	7
issued under this chapter and who hunts game birds or wild	8
quadrupeds may use a suppressor attached to a gun that is	9
authorized to be used for hunting by section 1533.16 of the	10
Revised Code while hunting, provided that the person is authorized	11
to possess the suppressor under state and federal laws and has	12
registered the suppressor in accordance with the "National	13
Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as	14
amended.	15

(B) As used in this section, "suppressor" means any device	16
used for diminishing the sound of any shot, bullet, or projectile	17
that is discharged from a gun that is authorized to be used for	18
hunting by section 1533.16 of the Revised Code.	19

Sec. 2923.17.  (A) No person shall knowingly acquire, have,	20
carry, or use any dangerous ordnance.	21

(B) No person shall manufacture or process an explosive at	22
any location in this state unless the person first has been issued	23
a license, certificate of registration, or permit to do so from a	24
fire official of a political subdivision of this state or from the	25
office of the fire marshal.	26

(C) Division (A) of this section does not apply to:

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(1) Officers, agents, or employees of this or any other state	28
or the United States, members of the armed forces of the United	29
States or the organized militia of this or any other state, and	30
law enforcement officers, to the extent that any such person is	31
authorized to acquire, have, carry, or use dangerous ordnance and	32
is acting within the scope of the person's duties;	33

(2) Importers, manufacturers, dealers, and users of	34
explosives, having a license or user permit issued and in effect	35
pursuant to the "Organized Crime Control Act of 1970," 84 Stat.	36
952, 18 U.S.C. 843, and any amendments or additions thereto or	37
reenactments thereof, with respect to explosives and explosive	38
devices lawfully acquired, possessed, carried, or used under the	39
laws of this state and applicable federal law;	40

(3) Importers, manufacturers, and dealers having a license to	41
deal in destructive devices or their ammunition, issued and in	42
effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213,	43
18 U.S.C. 923, and any amendments or additions thereto or	44
reenactments thereof, with respect to dangerous ordnance lawfully	45
acquired, possessed, carried, or used under the laws of this state	46
and applicable federal law;	47

(4) Persons to whom surplus ordnance has been sold, loaned,	48
or given by the secretary of the army pursuant to 70A Stat. 262	49
and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or	50
additions thereto or reenactments thereof, with respect to	51
dangerous ordnance when lawfully possessed and used for the	52
purposes specified in such section;	53

(5) Owners of dangerous ordnance registered in the national	54
firearms registration and transfer record pursuant to the act of	55
October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any	56
amendments or additions thereto or reenactments thereof, and	57
regulations issued thereunder.;	58

(6) Carriers, warehouses, and others engaged in the business	59
of transporting or storing goods for hire, with respect to	60
dangerous ordnance lawfully transported or stored in the usual	61
course of their business and in compliance with the laws of this	62
state and applicable federal law;	63

(7) The holders of a license or temporary permit issued and	64
in effect pursuant to section 2923.18 of the Revised Code, with	65
respect to dangerous ordnance lawfully acquired, possessed,	66
carried, or used for the purposes and in the manner specified in	67
such license or permit;	68

(8) Persons who own a dangerous ordnance that is a firearm	69
muffler or silencer attached to a gun that is authorized to be	70
used for hunting by section 1533.16 of the Revised Code and who	71
are authorized to use such a dangerous ordnance by section	72
1533.04 of the Revised Code.	73

(D) Whoever violates division (A) of this section is guilty	74
of unlawful possession of dangerous ordnance, a felony of the	75
fifth degree.	76

(E) Whoever violates division (B) of this section is guilty	77
of illegally manufacturing or processing explosives, a felony of	78
the second degree.	79

Section 2.  That existing section 2923.17 of the Revised Code	80
is hereby repealed.	81