Bill Text: OH SB18 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To prohibit a person from knowingly acquiring, possessing, carrying, or using an assault weapon and to require the Attorney General to prepare for the establishment of a firearm and ammunition transactions database.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-02-12 - To Criminal Justice [SB18 Detail]

Download: Ohio-2013-SB18-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 18

Senator Smith 

Cosponsors: Senators Brown, Kearney, Skindell, Tavares, Turner 

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A BILL

To amend section 109.52 and to enact sections

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109.5731 and 2923.171 of the Revised Code to

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prohibit a person from knowingly acquiring,

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possessing, carrying, or using an assault weapon

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and to require the Attorney General to prepare for

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the establishment of a firearm and ammunition

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transactions database.

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

Section 1. That section 109.52 be amended and sections	8
109.5731 and 2923.171 of the Revised Code be enacted to read as	9
follows:	10

Sec. 109.52.  The bureau of criminal identification and	11
investigation may operate and maintain a criminal analysis	12
laboratory and mobile units thereof, create a staff of	13
investigators and technicians skilled in the solution and control	14
of crimes and criminal activity, keep statistics and other	15
necessary data, maintain a firearm and ammunition transactions	16
database, assist in the prevention of crime, and engage in such	17
other activities as will aid law enforcement officers in solving	18
crimes and controlling criminal activity.	19

Sec. 109.5731. The attorney general shall prepare for the	20
establishment and operation of a firearm and ammunition	21
transactions database that will be maintained by the bureau of	22
criminal identification and investigation. The attorney general	23
shall establish the database in conformity with the requirements	24
of any act that is enacted by the general assembly.	25

Sec. 2923.171.  (A) No person shall knowingly possess or	26
acquire any assault weapon.	27

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

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(1) Officers, agents, or employees of this or any other state	29
or the United States, members of the armed forces of the United	30
States or the organized militia of this or any other state, and	31
law enforcement officers to the extent that the officer, agent,	32
employee, or member is authorized to possess or acquire an assault	33
weapon and is acting within the scope of the officer's, agent's,	34
employee's, or member's duties;	35

(2) A manufacturer or importer of assault weapons that is	36
licensed as a licensed manufacturer or licensed importer under the	37
"Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 1921 et seq.,	38
and any amendments or additions thereto or reenactments thereof;	39

(3) Carriers, warehouses, and others engaged in the business	40
of transporting or storing firearms for hire, with respect to	41
assault weapons lawfully transported or stored in the usual course	42
of their business and in compliance with the laws of this state	43
and applicable federal law.	44

(C) Whoever violates division (A) of this section is guilty	45
of unlawful possession of an assault weapon, a felony of the fifth	46
degree.	47

(D) As used in this section, "assault weapon" means an	48
automatic firearm that has not been rendered permanently	49
inoperable, a semi-automatic firearm capable of accepting a	50
detachable magazine with the capacity to accept ten or more	51
cartridges, and a semi-automatic firearm with a fixed magazine	52
with the capacity to accept ten or more cartridges.	53

Section 2.  That existing section 109.52 of the Revised Code	54
is hereby repealed.	55