Bill Text: OH SB36 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-02-12 - To Criminal Justice [SB36 Detail]

Download: Ohio-2013-SB36-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 36

Senator Jordan 

Cosponsor: Senator Schaffer 

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A BILL

To enact sections 5502.23 and 5502.231 of the Revised

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Code to prohibit any agency and its employees and

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agents from seizing or authorizing the seizure of

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any firearm from any person lawfully in possession

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or control of the firearm except when a law

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enforcement officer reasonably believes the

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immediate seizure of the firearm is necessary for

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the safety of the officer or another person or to

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preserve the firearm as evidence, to prohibit the

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establishment of a firearm registry, and to

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prohibit law enforcement officers and

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international agents from enforcing a firearms

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registration requirement or firearm ban.

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

Section 1. That sections 5502.23 and 5502.231 of the Revised	14
Code be enacted to read as follows:	15

Sec. 5502.23. (A) Except as provided in division (B) of this	16
section, no agency, or employee or agent of an agency, shall seize	17
or authorize the seizure of any firearm from any person who is	18
lawfully in possession or control of a firearm.	19

(B)(1) A law enforcement officer who is acting in the lawful	20
discharge of the officer's duties may seize a firearm in the	21
possession, or under the control, of any person if the law	22
enforcement officer reasonably believes the immediate seizure of	23
the firearm is necessary for the safety of the law enforcement	24
officer or another individual. The law enforcement officer shall	25
return the firearm to the person from whom it was seized if the	26
person is not arrested, the firearm is not seized under division	27
(B)(2) of this section, and the reason for the seizure of the	28
firearm no longer exists.	29

(2) A law enforcement officer who is acting in the lawful	30
discharge of the officer's duties may seize a firearm when the	31
seizure is necessary to preserve the firearm as evidence, or for	32
the investigation, of a criminal offense.	33

(C) As used in this section, "firearm" has the same meaning	34
as in section 2923.11 of the Revised Code.	35

Sec. 5502.231. (A) No law enforcement officer, federal law	36
enforcement officer, international agent, or other person shall	37
enforce or attempt to enforce a firearm registration requirement	38
or firearm ban in any statute or rule of this state or the United	39
States or any ordinance, resolution, or rule of a political	40
subdivision, unless the registration requirement or ban is in	41
effect prior to the effective date of this section.	42

(B) No political subdivision shall enact or adopt any	43
ordinance, resolution, or rule that requires a person to register	44
a firearm or establishes a firearm registry.	45

(C) Whoever violates division (A) of this section is guilty	46
of unlawful enforcement of a firearm registration requirement or	47
firearm ban, a felony of the first degree.	48

(D) As used in this section:

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(1) "Federal law enforcement officer" has the same meaning as	50
in section 2921.51 of the Revised Code.	51

(2) "Firearm" has the same meaning as in section 2923.11 of	52
the Revised Code.	53

(3) "Firearm ban" means any ban or prohibition on a person's	54
possession of a firearm that is not based on the status or	55
condition of the person or limited to the possession of a firearm	56
in a school safety zone, courthouse, or other designated location.	57

(4) "Political subdivision" has the same meaning as in	58
section 2921.421 of the Revised Code.	59