As Introduced

130th General Assembly
Regular Session
S. B. No. 18

Senator Smith 

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

To amend section 109.52 and to enact sections 1
109.5731 and 2923.171 of the Revised Code to 2
prohibit a person from knowingly acquiring, 3
possessing, carrying, or using an assault weapon 4
and to require the Attorney General to prepare for 5
the establishment of a firearm and ammunition 6
transactions database.7


       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

       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:28

       (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

       (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