As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 191

Representative Becker

Cosponsors: Representatives Hood, Johnson, Buchy, Hackett, Thompson, Retherford, Wachtmann, Lynch, Beck, Adams, J., Maag

A BILL

To amend section 2923.11 of the Revised Code to

generally remove from the definition of "automatic

firearm" in the Weapons Control Law a

semi-automatic firearm designed or specifically

adapted to fire more than 31 cartridges without

reloading.

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

Section 1. That section 2923.11 of the Revised Code be	7
amended to read as follows:	8

Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the	9
Revised Code:	10

(A) "Deadly weapon" means any instrument, device, or thing	11
capable of inflicting death, and designed or specially adapted for	12
use as a weapon, or possessed, carried, or used as a weapon.	13

(B)(1) "Firearm" means any deadly weapon capable of expelling	14
or propelling one or more projectiles by the action of an	15
explosive or combustible propellant. "Firearm" includes an	16
unloaded firearm, and any firearm that is inoperable but that can	17
readily be rendered operable.	18

(2) When determining whether a firearm is capable of	19
expelling or propelling one or more projectiles by the action of	20
an explosive or combustible propellant, the trier of fact may rely	21
upon circumstantial evidence, including, but not limited to, the	22
representations and actions of the individual exercising control	23
over the firearm.	24

(1) Any firearm that has a short stock and is designed to be	26
held and fired by the use of a single hand;	27

(2) Any combination of parts from which a firearm of a type	28
described in division (C)(1) of this section can be assembled.	29

(D) "Semi-automatic firearm" means any firearm designed or	30
specially adapted to fire a single cartridge and automatically	31
chamber a succeeding cartridge ready to fire, with a single	32
function of the trigger.	33

(E) "Automatic firearm" means any firearm designed or	34
specially adapted to fire a succession of cartridges with a single	35
function of the trigger. ~~"Automatic firearm" also means any~~	36
~~semi-automatic firearm designed or specially adapted to fire more~~	37
~~than thirty-one cartridges without reloading, other than a firearm~~	38
~~chambering only .22 caliber short, long, or long-rifle cartridges.~~	39

(F) "Sawed-off firearm" means a shotgun with a barrel less	40
than eighteen inches long, or a rifle with a barrel less than	41
sixteen inches long, or a shotgun or rifle less than twenty-six	42
inches long overall.	43

(G) "Zip-gun" means any of the following:

(1) Any firearm of crude and extemporized manufacture;

(2) Any device, including without limitation a starter's	46
pistol, that is not designed as a firearm, but that is specially	47
adapted for use as a firearm;	48

(3) Any industrial tool, signalling device, or safety device,	49
that is not designed as a firearm, but that as designed is capable	50
of use as such, when possessed, carried, or used as a firearm.	51

(H) "Explosive device" means any device designed or specially	52
adapted to cause physical harm to persons or property by means of	53
an explosion, and consisting of an explosive substance or agency	54
and a means to detonate it. "Explosive device" includes without	55
limitation any bomb, any explosive demolition device, any blasting	56
cap or detonator containing an explosive charge, and any pressure	57
vessel that has been knowingly tampered with or arranged so as to	58
explode.	59

(I) "Incendiary device" means any firebomb, and any device	60
designed or specially adapted to cause physical harm to persons or	61
property by means of fire, and consisting of an incendiary	62
substance or agency and a means to ignite it.	63

(J) "Ballistic knife" means a knife with a detachable blade	64
that is propelled by a spring-operated mechanism.	65

(K) "Dangerous ordnance" means any of the following, except	66
as provided in division (L) of this section:	67

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	68
knife;	69

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	71
cyclonite, TNT, picric acid, and other high explosives; amatol,	72
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	73
explosive compositions; plastic explosives; dynamite, blasting	74
gelatin, gelatin dynamite, sensitized ammonium nitrate,	75
liquid-oxygen blasting explosives, blasting powder, and other	76
blasting agents; and any other explosive substance having	77
sufficient brisance or power to be particularly suitable for use	78
as a military explosive, or for use in mining, quarrying,	79
excavating, or demolitions;	80

(4) Any firearm, rocket launcher, mortar, artillery piece,	81
grenade, mine, bomb, torpedo, or similar weapon, designed and	82
manufactured for military purposes, and the ammunition for that	83
weapon;	84

(5) Any firearm muffler or silencer;

(6) Any combination of parts that is intended by the owner	86
for use in converting any firearm or other device into a dangerous	87
ordnance.	88

(L) "Dangerous ordnance" does not include any of the	89
following:	90

(1) Any firearm, including a military weapon and the	91
ammunition for that weapon, and regardless of its actual age, that	92
employs a percussion cap or other obsolete ignition system, or	93
that is designed and safe for use only with black powder;	94

(2) Any pistol, rifle, or shotgun, designed or suitable for	95
sporting purposes, including a military weapon as issued or as	96
modified, and the ammunition for that weapon, unless the firearm	97
is an automatic or sawed-off firearm;	98

(3) Any cannon or other artillery piece that, regardless of	99
its actual age, is of a type in accepted use prior to 1887, has no	100
mechanical, hydraulic, pneumatic, or other system for absorbing	101
recoil and returning the tube into battery without displacing the	102
carriage, and is designed and safe for use only with black powder;	103

(4) Black powder, priming quills, and percussion caps	104
possessed and lawfully used to fire a cannon of a type defined in	105
division (L)(3) of this section during displays, celebrations,	106
organized matches or shoots, and target practice, and smokeless	107
and black powder, primers, and percussion caps possessed and	108
lawfully used as a propellant or ignition device in small-arms or	109
small-arms ammunition;	110

(5) Dangerous ordnance that is inoperable or inert and cannot	111
readily be rendered operable or activated, and that is kept as a	112
trophy, souvenir, curio, or museum piece.	113

(6) Any device that is expressly excepted from the definition	114
of a destructive device pursuant to the "Gun Control Act of 1968,"	115
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	116
issued under that act.	117

(M) "Explosive" means any chemical compound, mixture, or	118
device, the primary or common purpose of which is to function by	119
explosion. "Explosive" includes all materials that have been	120
classified as division 1.1, division 1.2, division 1.3, or	121
division 1.4 explosives by the United States department of	122
transportation in its regulations and includes, but is not limited	123
to, dynamite, black powder, pellet powders, initiating explosives,	124
blasting caps, electric blasting caps, safety fuses, fuse	125
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	126
igniter cords and igniters. "Explosive" does not include	127
"fireworks," as defined in section 3743.01 of the Revised Code, or	128
any substance or material otherwise meeting the definition of	129
explosive set forth in this section that is manufactured, sold,	130
possessed, transported, stored, or used in any activity described	131
in section 3743.80 of the Revised Code, provided the activity is	132
conducted in accordance with all applicable laws, rules, and	133
regulations, including, but not limited to, the provisions of	134
section 3743.80 of the Revised Code and the rules of the fire	135
marshal adopted pursuant to section 3737.82 of the Revised Code.	136

(N)(1) "Concealed handgun license" or "license to carry a	137
concealed handgun" means, subject to division (N)(2) of this	138
section, a license or temporary emergency license to carry a	139
concealed handgun issued under section 2923.125 or 2923.1213 of	140
the Revised Code or a license to carry a concealed handgun issued	141
by another state with which the attorney general has entered into	142
a reciprocity agreement under section 109.69 of the Revised Code.	143

(2) A reference in any provision of the Revised Code to a	144
concealed handgun license issued under section 2923.125 of the	145
Revised Code or a license to carry a concealed handgun issued	146
under section 2923.125 of the Revised Code means only a license of	147
the type that is specified in that section. A reference in any	148
provision of the Revised Code to a concealed handgun license	149
issued under section 2923.1213 of the Revised Code, a license to	150
carry a concealed handgun issued under section 2923.1213 of the	151
Revised Code, or a license to carry a concealed handgun on a	152
temporary emergency basis means only a license of the type that is	153
specified in section 2923.1213 of the Revised Code. A reference in	154
any provision of the Revised Code to a concealed handgun license	155
issued by another state or a license to carry a concealed handgun	156
issued by another state means only a license issued by another	157
state with which the attorney general has entered into a	158
reciprocity agreement under section 109.69 of the Revised Code.	159

(O) "Valid concealed handgun license" or "valid license to	160
carry a concealed handgun" means a concealed handgun license that	161
is currently valid, that is not under a suspension under division	162
(A)(1) of section 2923.128 of the Revised Code, under section	163
2923.1213 of the Revised Code, or under a suspension provision of	164
the state other than this state in which the license was issued,	165
and that has not been revoked under division (B)(1) of section	166
2923.128 of the Revised Code, under section 2923.1213 of the	167
Revised Code, or under a revocation provision of the state other	168
than this state in which the license was issued.	169

Section 2. That existing section 2923.11 of the Revised Code	170
is hereby repealed.	171