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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Trees, Weeds and Grasses
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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549.02 CARRYING CONCEALED WEAPONS.
   (a)   No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
      (1)   A deadly weapon other than a handgun;
      (2)   A handgun other than a dangerous ordnance;
      (3)   A dangerous ordnance.
   (b)   No person who has been issued a concealed handgun license shall do any of the following:
      (1)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (3)   If the person is stopped for a law enforcement purpose, if the person is carrying a concealed handgun, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, pocket, or other place in which the person is carrying it, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
      (4)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other State or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in this division (c)(1)B. does not apply to the person;
         C.   A person’s transportation or storage of a firearm, other than a firearm described in Ohio R.C. 2923.11(G) to (M), in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;
         D.   A person’s storage or possession of a firearm, other than a firearm described in Ohio R.C. 2923.11(G) to (M), in the actor’s own home for any lawful purpose.
      (2)   Division (a)(2) of this section does not apply to any person who has been issued a concealed handgun license that is valid at the time of the alleged carrying or possession of a handgun or who, at the time of the alleged carrying or possession of a handgun, is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1), unless the person knowingly is in a place described in R.C. § 2923.126(B).
   (d)   It is an affirmative defense to a charge under division (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
      (1)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
      (2)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.
      (3)   The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.
   (e)   (1)   No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (b)(1) of this section as it existed prior to June 13, 2022, the person may file an application under R.C. § 2953.35 requesting the expungement of the record of conviction.
   (f)   (1)   Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this division or divisions (f)(2), (f)(6), and (f)(7) of this section, carrying concealed weapons in violation of division (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division or divisions (f)(2), (f)(6), and (f)(7) of this section, if the offender previously has been convicted of a violation of this section or any substantially equivalent State law or municipal ordinance or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of division (a) of this section is a felony to be prosecuted under appropriate State law. Except as otherwise provided in divisions (f)(2), (f)(6), and (f)(7) of this section if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of division (a) of this section is a felony to be prosecuted under appropriate State law.
      (2)   A person shall not be arrested for a violation of division (a)(2) of this section solely because the person does not promptly produce a valid concealed handgun license. If a person is arrested for a violation of division (a)(2) of this section and is convicted of or pleads guilty to the violation, the offender shall be punished as follows:
         A.   The offender shall be guilty of a minor misdemeanor if both of the following apply:
            1.   Within 10 days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
            2.   At the time of the arrest, the offender was not knowingly in a place described in Ohio R.C. 2923.126(B).
         B.   The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:
            1.   The offender previously had been issued a concealed handgun license, and that license expired within the two years immediately preceding the arrest.
            2.   Within 45 days after the arrest, the offender presents a concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.
            3.   At the time of the commission of the offense, the offender was not knowingly in a place described in Ohio R.C. 2923.126(B).
         C.   If divisions (f)(2)A. and (f)(2)B. and (f)(6) of this section do not apply, the offender shall be punished under division (f)(1) or (f)(7) of this section.
      (3)   Carrying concealed weapons in violation of division (b)(1) of this section is a misdemeanor of the second degree.
      (4)   Carrying concealed weapons in violation of division (b)(2) or (b)(4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (b)(2) or (b)(4) of this section or any substantially equivalent State law or municipal ordinance, a felony to be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (b)(2) or (b)(4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
      (5)   Carrying concealed weapons in violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law.
      (6)   If a person being arrested for a violation of division (a)(2) of this section is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), and if at the time of the violation the person was not knowingly in a place described in Ohio R.C. 2923.126(B), the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) and if the person is not in a place described in Ohio R.C. 2923.126(B), the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00). The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:
         A.   Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.
         B.   At the time of the citation, the offender was not knowingly in a place described in Ohio R.C. 2923.126(B).
      (7)   If a person being arrested for a violation of division (a)(2) of this section is knowingly in a place described in Ohio R.C. 2923.126(B)(5) and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:
         A.   Except as otherwise provided in this division, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of division (a)(2) of this section or any substantially equivalent state law or municipal ordinance, the person is guilty of a minor misdemeanor;
         B.   Except as otherwise provided in this division, if the person has previously been convicted of or pleaded guilty to a violation of division (a)(2) of this section or any substantially equivalent state law or municipal ordinance, the person is guilty of a misdemeanor of the fourth degree;
         C.   Except as otherwise provided in this division, if the person has previously been convicted of or pleaded guilty to two violations of division (a)(2) of this section or any substantially equivalent state law or municipal ordinance, the person is guilty of a misdemeanor of the third degree;
         D.   Except as otherwise provided in this division, if the person has previously been convicted of or pleaded guilty to three or more violations of division (a)(2) of this section or any substantially equivalent state law or municipal ordinance, or convicted of or pleaded guilty to any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty of a misdemeanor of the second degree.
   (g)   If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, Ohio R.C. 2923.163(B) applies.
   (h)   For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
(ORC 2923.12) (Ord. 81-49. Passed 3-2-81.)
Statutory reference:
   Carrying concealed handguns, licensing through county sheriff, see Ohio R.C. 2923.124 et seq.
   Concealed carry by a qualifying adult, see R.C. § 2923.111
   Conveyance or possession of deadly weapons or dangerous ordnance on school premises, felony offense, see Ohio R.C. 2923.122
   Conveyance, possession, or control of deadly weapon or dangerous ordinance in a courthouse, felony offense, see Ohio R.C. 2923.123
   Possession of deadly weapon while under detention, felony offense, see Ohio R.C. 2923.131
   Possession of firearm in liquor permit premises, felony offense, see Ohio R.C. 2923.121
549.025 POSSESSION OF DEADLY WEAPONS WHILE UNDER DETENTION.
   (a)   "Detention" and "detention facility" have the same meanings as in Ohio R.C. 2921.01.
   (b)   No person under detention at a detention facility shall possess a deadly weapon.
   (c)   Whoever violates this section is guilty of possession of a deadly weapon while under detention.
      (1)   Except as otherwise provided in division (c)(2) of this section, possession of a deadly weapon while under detention is a felony to be prosecuted under state law.
      (2)   If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if at the time the offender commits the act for which the offender was under detention it would not be a felony if committed by an adult, possession of a deadly weapon while under detention is a misdemeanor of the first degree.
(ORC 2923.131)
Statutory reference:
   Possession of deadly weapon while under detention, felony offenses, see Ohio R.C. 2923.131
549.03 USING WEAPONS WHILE INTOXICATED.
   (a)   No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
   (b)   Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.
(ORC 2923.15) (Ord. 81-49. Passed 3-2-81.)
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly discharge a firearm while in or on a motor vehicle.
   (b)   No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
   (c)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this State or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box, or case.
      (2)   In a compartment that can be reached only by leaving the vehicle.
      (3)   In plain sight and secured in a rack or holder made for the purpose.
      (4)   If the firearm is at least 24 inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least 18 inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (d)   No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
      (1)   The person is under the influence of alcohol, a drug of abuse, or a combination of them.
      (2)   The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in Ohio R.C. 4511.19(A), regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
   (e)   No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (4)   Knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer.
      (5)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including but not limited to a specific order to the person to keep the person’s hands in plain sight.
   (f)   (1)   Divisions (a), (b), (c), and (e) of this section do not apply to any of the following:
         A.   An officer, agent, or employee of this or any other State or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in this division (f)(1)B. does not apply to the person.
      (2)   Division (a) of this section does not apply to a person if all of the following circumstances apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under R.C. § 1533.103 by the Chief of the Division of Wildlife.
         B.   The person discharges a firearm at a wild quadruped or game bird as defined in Ohio R.C. 1531.01 during the open hunting season for the applicable wild quadruped or game bird.
         C.   The person discharges a firearm from a stationary all-purpose vehicle as defined in R.C. § 1531.01 from private or publicly owned lands or from a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
         D.   The person does not discharge the firearm in any of the following manners:
            1.   While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
            2.   In the direction of a street, highway or other public or private property used by the public for vehicular traffic or parking;
            3.   At or into an occupied structure that is a permanent or temporary habitation;
            4.   In the commission of any violation of law, including but not limited to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
      (3)   Division (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid electric-powered all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person discharges a firearm at a wild quadruped or game bird as defined in Ohio R.C. 1531.01 during the open hunting season for the applicable wild quadruped or game bird.
         C.   The person discharges a firearm from a stationary electric-powered all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife, provided that the road is identified by an electric-powered all-purpose vehicle sign.
         D.   The person does not discharge the firearm in any of the following manners:
            1.   While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
            2.   In the direction of a street, a highway or other public or private property that is used by the public for vehicular traffic or parking;
            3.   At or into an occupied structure that is a permanent or temporary habitation;
            4.   In the commission of any violation of law, including but not limited to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
      (4)   Divisions (b) and (c) of this section do not apply to a person if all of the following circumstances apply:
         A.   At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle.
         B.   The motor vehicle is on real property that is located in an unincorporated area of a township and that is either zoned for agriculture or is used for agriculture.
         C.   The person owns the real property described in division (f)(4)B. of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.
         D.   The person, prior to arriving at the real property described in division (f)(4)B. of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (b) or (c) of this section while the motor vehicle was being operated on a street, highway or other public or private property used by the public for vehicular traffic or parking.
      (5)   Divisions (b) and (c) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in Ohio R.C. 2923.126(B).
      (6)   Divisions (b) and (c) of this section do not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under R.C. § 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in R.C. § 1531.01 or a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in R.C. § 1531.01 on private or publicly owned lands or on or in a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (g)   (1)   The affirmative defenses authorized in Ohio R.C. 2923.12(D)(1) and (D)(2) are affirmative defenses to a charge under division (b) or (c) of this section that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under division (b) or (c) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that this affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (b) or (c) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (h)   (1)   No person who is charged with a violation of division (b), (c), or (d) of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   A.   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (e) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of division (e) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (e)(1) or (e)(2) of this section as it existed prior to June 13, 2022, the person may file an application under R.C. § 2953.35 requesting the expungement of the record of conviction.
         B.   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (b) or (c) of this section as the division existed prior to September 30, 2011 and if the conduct that was the basis of the violation no longer would be a violation of division (b) or (c) of this section on or after September 30, 2011 due to the application of division (f)(5) of this section as it exists on and after September 30, 2011, the person may file an application under R.C. § 2953.35 requesting the expungement of the record of conviction.
   (i)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. A violation of division (a) of this section is a felony to be prosecuted under appropriate state law. A violation of division (c) of this section is a misdemeanor of the fourth degree. A violation of division (d) of this section is a felony to be prosecuted under appropriate state law and, if the loaded handgun is concealed on the person's person, it is also a felony to be prosecuted under appropriate state law. A violation of division (e)(1) or (e)(2) of this section is a misdemeanor of the second degree. A violation of division (e)(4) of this section is a felony to be prosecuted under appropriate state law. A violation of division (e)(3) or (e)(5) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (e)(3) or (e)(5) of this section or any substantially equivalent state law or municipal ordinance, a felony to be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (e)(3) or (e)(5) of this section, the offender’s concealed handgun license shall be suspended pursuant to R.C. § 2923.128(A)(2). A violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
   (j)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, Ohio R.C. 2923.163(B) applies.
   (k)   As used in this section:
      (1)   “Agriculture” has the same meaning as in Ohio R.C. 519.01.
      (2)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (3)   “Motor carrier enforcement unit” means the Motor Carrier Enforcement Unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (4)   “Motor vehicle,” “street” and “highway” have the same meaning as in Ohio R.C. 4511.01.
      (5)   “Occupied structure” has the same meaning as in Ohio R.C. 2909.01.
      (6)   “Tenant” has the same meaning as in Ohio R.C. 1531.01.
      (7)   “Unloaded.”
         A.   With respect to a firearm other than a firearm described in division D. of this definition, means that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm, and one of the following applies:
            1.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
            2.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
         B.   For the purposes of division A.2. of this definition, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
            1.   A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
            2.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.
         C.   For the purposes of divisions A. and B. of this definition, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         D.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (l)   Divisions A. and B. of the definition of “unloaded” in division (k) of this section do not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(R.C. § 2923.16)
Statutory reference:
   Return of surrendered firearms by law enforcement, see Ohio R.C. 2923.163
549.05 UNLAWFUL POSSESSION OF DANGEROUS ORDNANCE. (REPEALED)
   (EDITOR'S NOTE: Section 549.05 was repealed as part of the 1982 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2923.17) was made a felony by the Ohio General Assembly by Am. H.B. No. 728, effective August 22, 1978.)
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