As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 340


Representative Becker 

Cosponsors: Representatives Hood, Lynch, Thompson 



A BILL
To enact sections 2923.26 to 2923.30 of the Revised 1
Code to provide protections from federal 2
provisions related to interstate commerce for 3
firearms, firearm accessories, and ammunition 4
manufactured and remaining in Ohio.5


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

       Section 1. That sections 2923.26, 2923.27, 2923.28, 2923.29, 6
and 2923.30 of the Revised Code be enacted to read as follows:7

       Sec. 2923.26.  As used in sections 2923.26 to 2923.30 of the 8
Revised Code:9

       (A) "Ammunition" means any projectile capable of being 10
expelled or propelled from a firearm by the action of an explosive 11
or combustible propellant but does not include any projectile 12
designed to pierce armor.13

       (B) "Borders of this state" means the boundaries of Ohio;14

       (C) "Firearm" has the same meaning as in section 2923.11 of 15
the Revised Code.16

       (D) "Firearms accessory" means any item that is used in 17
conjunction with or mounted upon a firearm but that is not 18
essential to the basic function of a firearm, including, but not 19
limited to, any telescopic or laser sight, magazine, flash or 20
sound suppressor, folding or aftermarket stock or grip, speed 21
loader, ammunition carrier, or light for target identification.22

       (E) "Generic and insignificant parts" includes, but is not 23
limited to, springs, screws, nuts, and pins.24

       (F) "Manufactured" means the creation of a firearm, a firearm 25
accessory, or ammunition from basic materials for functional 26
usefulness, including, but not limited to, forging, casting, 27
machining, or any other process for working materials.28

       Sec. 2923.27. A personal firearm, a firearm accessory, or 29
ammunition that is manufactured commercially or privately in this 30
state and that remains within the borders of this state is not 31
subject to federal law or federal regulation, including 32
registration, under the authority of the United States congress to 33
regulate interstate commerce. The general assembly hereby declares 34
that those items have not traveled in interstate commerce. This 35
section applies to a firearm, a firearm accessory, or ammunition 36
that is manufactured in this state from basic materials and that 37
can be manufactured without the inclusion of any significant parts 38
imported from another state or foreign country. Generic and 39
insignificant parts that have other manufacturing or consumer 40
product applications are not firearms, firearms accessories, or 41
ammunition, and their importation into this state and 42
incorporation into a firearm, a firearm accessory, or ammunition 43
manufactured in this state does not subject the firearm, firearm 44
accessory, or ammunition to federal regulation. The general 45
assembly hereby declares that basic materials, including, but not 46
limited to, unmachined steel and unshaped wood, are not firearms, 47
firearms accessories, or ammunition and are not subject to the 48
authority of the United States congress to regulate firearms, 49
firearms accessories, and ammunition under interstate commerce as 50
if they were actually firearms, firearms accessories, or 51
ammunition. The authority of the United States congress to 52
regulate interstate commerce in basic materials does not include 53
authority to regulate firearms, firearms accessories, and 54
ammunition made in this state from those materials. Any firearm 55
accessory that is imported into this state from another state, 56
that is subject to regulation by the United States congress as 57
being in interstate commerce, and that is attached to or used in 58
conjunction with a firearm in this state does not subject the 59
firearm, because of the attachment to or use in conjunction with 60
the firearm, to federal regulation under interstate commerce. 61

       Sec. 2923.28.  (A) The general assembly hereby declares that 62
the authority for sections 2923.26 to 2923.30 of the Revised Code 63
is the following: 64

       (1) The tenth amendment to the United States Constitution 65
guarantees to the states and their people all powers not granted 66
to the federal government elsewhere in the Constitution and 67
reserves to this state and the people of this state certain powers 68
as they were understood at the time that this state was admitted 69
to statehood. The guaranty of those powers is a matter of contract 70
between this state and the people of this state and the United 71
States as of the time that this state was admitted to statehood.72

       (2) The ninth amendment to the United States Constitution 73
guarantees to the people rights not granted in the Constitution 74
and reserves to the people of this state certain rights, as they 75
were understood at the time that this state was admitted to 76
statehood. The guaranty of those rights is a matter of contract 77
between this state and the people of this state and the United 78
States as of the time that this state was admitted to statehood.79

       (3) The regulation of intrastate commerce is vested in the 80
states under the ninth and tenth amendments to the United States 81
Constitution.82

       (4) The second amendment to the United States Constitution 83
reserves to the people the right to keep and bear arms as that 84
right was understood at the time that this state was admitted to 85
statehood, and the guaranty of the right is a matter of contract 86
between this state and the people of this state and the United 87
States as of the time that this state was admitted to statehood.88

       (5) Article I, Section 4, of the Ohio Constitution clearly 89
secures to the people of this state the right to bear arms for 90
their defense and security, and prohibits government interference 91
with that right. This right and this constitutional protection are 92
similar to the right and constitutional protection granted in 93
Article VIII, Section 20 of the 1802 Ohio Constitution ("the 94
people have the right to bear arms for the defence of themselves 95
and the state"), and the right and constitutional protection exist 96
as they did and were agreed upon by this state and the United 97
States at the time that this state was admitted to statehood.98

       Sec. 2923.29. Section 2923.27 of the Revised Code does not 99
apply to any of the following:100

        (A) A firearm that cannot be carried and used by one person;101

        (B) A firearm that has a bore diameter greater than one and 102
one-half inches and that uses smokeless powder, not black powder, 103
as a propellant;104

        (C) Ammunition with a projectile that explodes using an 105
explosion of chemical energy after the projectile leaves the 106
firearm;107

        (D) Other than shotguns, a firearm that discharges two or 108
more projectiles with one activation of the trigger or other 109
firing device. 110

       Sec. 2923.30. (A) A firearm manufactured in this state on or 111
after the effective date of this section must have the words "Made 112
in Ohio" clearly stamped on a central metallic part, such as the 113
receiver or frame.114

       (B) Sections 2923.26 to 2923.30 of the Revised Code apply to 115
firearms, firearms accessories, and ammunition that are 116
manufactured and retained in this state on or after the effective 117
date of this section. 118