As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 319


Senator Tavares 


A BILL
To amend section 2923.20 and to enact section 2923.26 1
of the Revised Code to generally prohibit storage 2
of firearms where minors can get access to them 3
and to require the transferor of a firearm to 4
inform the transferee of the requirements for 5
storage of the firearm.6


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

       Section 1. That section 2923.20 be amended and section 7
2923.26 of the Revised Code be enacted to read as follows:8

       Sec. 2923.20.  (A) No person shall:9

       (1) Recklessly sell, lend, give, or furnish any firearm to 10
any person prohibited by section 2923.13 or 2923.15 of the Revised 11
Code from acquiring or using any firearm, or recklessly sell, 12
lend, give, or furnish any dangerous ordnance to any person 13
prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised 14
Code from acquiring or using any dangerous ordnance;15

       (2) Possess any firearm or dangerous ordnance with purpose to 16
dispose of it in violation of division (A) of this section;17

       (3) Manufacture, possess for sale, sell, or furnish to any 18
person other than a law enforcement agency for authorized use in 19
police work, any brass knuckles, cestus, billy, blackjack, 20
sandbag, switchblade knife, springblade knife, gravity knife, or 21
similar weapon;22

       (4) When transferring any dangerous ordnance to another, 23
negligently fail to require the transferee to exhibit such 24
identification, license, or permit showing himthe transferee to 25
be authorized to acquire dangerous ordnance pursuant to section 26
2923.17 of the Revised Code, or negligently fail to take a 27
complete record of the transaction and forthwith forward a copy of 28
that record to the sheriff of the county or safety director or 29
police chief of the municipality where the transaction takes 30
place;31

       (5) Knowingly fail to report to law enforcement authorities 32
forthwith the loss or theft of any firearm or dangerous ordnance 33
in the person's possession or under the person's control;34

       (6) Sell a firearm or otherwise transfer a firearm for 35
consideration without informing the transferee in writing of the 36
requirements of section 2923.26 of the Revised Code regarding the 37
storage of firearms and of the penalty for a violation of that 38
section.39

       (B) Whoever violates this section is guilty of unlawful 40
transactions in weapons. A violation of division (A)(1) or (2) of 41
this section is a felony of the fourth degree. A violation of 42
division (A)(3) or (4) of this section is a misdemeanor of the 43
second degree. A violation of division (A)(5) of this section is a 44
misdemeanor of the fourth degree. A violation of division (A)(6) 45
of this section is an unclassified misdemeanor for which the 46
offender shall be fined not more than ten thousand dollars.47

       Sec. 2923.26.  (A) As used in this section, "minor" means a 48
person under eighteen years of age.49

       (B) No person shall store or leave a firearm in any place not 50
under the person's immediate control where the person knows or has 51
reason to believe that a minor may gain access to the firearm 52
without the lawful permission of the minor's parent, guardian, or 53
custodian unless the firearm is unloaded and kept in a securely 54
locked container and any ammunition for the firearm is kept in a 55
separate, securely locked container.56

       (C) If a firearm is stored or left in violation of this 57
section, a minor gains access to the firearm, and the minor causes 58
death or bodily injury to any person with the firearm, a violation 59
of this section is unlawful storage of a firearm, a felony of the 60
third degree.61

       Section 2. That existing section 2923.20 of the Revised Code 62
is hereby repealed.63