|
|
| To amend section 2923.17 and to enact section 1533.04 | 1 |
| of the Revised Code to allow a person to use a | 2 |
| noise suppressor attached to a gun while hunting | 3 |
| game birds or wild quadrupeds. | 4 |
| Section 1. That section 2923.17 be amended and section | 5 |
| 1533.04 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 1533.04. (A) A person who holds a valid hunting license | 7 |
| issued under this chapter and who hunts game birds or wild | 8 |
| quadrupeds may use a suppressor attached to a gun that is | 9 |
| authorized to be used for hunting by section 1533.16 of the | 10 |
| Revised Code while hunting, provided that the person is authorized | 11 |
| to possess the suppressor under state and federal laws and has | 12 |
| registered the suppressor in accordance with the "National | 13 |
| Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as | 14 |
| amended. | 15 |
| (B) As used in this section, "suppressor" means any device | 16 |
| used for diminishing the sound of any shot, bullet, or projectile | 17 |
| that is discharged from a gun that is authorized to be used for | 18 |
| hunting by section 1533.16 of the Revised Code. | 19 |
| Sec. 2923.17. (A) No person shall knowingly acquire, have, | 20 |
| carry, or use any dangerous ordnance. | 21 |
| (B) No person shall manufacture or process an explosive at | 22 |
| any location in this state unless the person first has been issued | 23 |
| a license, certificate of registration, or permit to do so from a | 24 |
| fire official of a political subdivision of this state or from the | 25 |
| office of the fire marshal. | 26 |
| (C) Division (A) of this section does not apply to: | 27 |
| (1) Officers, agents, or employees of this or any other state | 28 |
| or the United States, members of the armed forces of the United | 29 |
| States or the organized militia of this or any other state, and | 30 |
| law enforcement officers, to the extent that any such person is | 31 |
| authorized to acquire, have, carry, or use dangerous ordnance and | 32 |
| is acting within the scope of the person's duties; | 33 |
| (2) Importers, manufacturers, dealers, and users of | 34 |
| explosives, having a license or user permit issued and in effect | 35 |
| pursuant to the "Organized Crime Control Act of 1970," 84 Stat. | 36 |
| 952, 18 U.S.C. 843, and any amendments or additions thereto or | 37 |
| reenactments thereof, with respect to explosives and explosive | 38 |
| devices lawfully acquired, possessed, carried, or used under the | 39 |
| laws of this state and applicable federal law; | 40 |
| (3) Importers, manufacturers, and dealers having a license to | 41 |
| deal in destructive devices or their ammunition, issued and in | 42 |
| effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, | 43 |
| 18 U.S.C. 923, and any amendments or additions thereto or | 44 |
| reenactments thereof, with respect to dangerous ordnance lawfully | 45 |
| acquired, possessed, carried, or used under the laws of this state | 46 |
| and applicable federal law; | 47 |
| (4) Persons to whom surplus ordnance has been sold, loaned, | 48 |
| or given by the secretary of the army pursuant to 70A Stat. 262 | 49 |
| and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or | 50 |
| additions thereto or reenactments thereof, with respect to | 51 |
| dangerous ordnance when lawfully possessed and used for the | 52 |
| purposes specified in such section; | 53 |
| (5) Owners of dangerous ordnance registered in the national | 54 |
| firearms registration and transfer record pursuant to the act of | 55 |
| October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any | 56 |
| amendments or additions thereto or reenactments thereof, and | 57 |
|
regulations issued thereunder | 58 |
| (6) Carriers, warehouses, and others engaged in the business | 59 |
| of transporting or storing goods for hire, with respect to | 60 |
| dangerous ordnance lawfully transported or stored in the usual | 61 |
| course of their business and in compliance with the laws of this | 62 |
| state and applicable federal law; | 63 |
| (7) The holders of a license or temporary permit issued and | 64 |
| in effect pursuant to section 2923.18 of the Revised Code, with | 65 |
| respect to dangerous ordnance lawfully acquired, possessed, | 66 |
| carried, or used for the purposes and in the manner specified in | 67 |
| such license or permit; | 68 |
| (8) Persons who own a dangerous ordnance that is a firearm | 69 |
| muffler or silencer attached to a gun that is authorized to be | 70 |
| used for hunting by section 1533.16 of the Revised Code and who | 71 |
| are authorized to use such a dangerous ordnance by section | 72 |
| 1533.04 of the Revised Code. | 73 |
| (D) Whoever violates division (A) of this section is guilty | 74 |
| of unlawful possession of dangerous ordnance, a felony of the | 75 |
| fifth degree. | 76 |
| (E) Whoever violates division (B) of this section is guilty | 77 |
| of illegally manufacturing or processing explosives, a felony of | 78 |
| the second degree. | 79 |
| Section 2. That existing section 2923.17 of the Revised Code | 80 |
| is hereby repealed. | 81 |