571.01 Definitions.
571.02 Carrying concealed weapons.
571.025 Possession of deadly weapon while under detention.
571.03 Using weapons while intoxicated.
571.04 Improperly handling firearms in a motor vehicle.
571.05 License or permit to possess dangerous ordnance.
571.06 Failure to secure dangerous ordnance or firearm.
571.07 Unlawful transactions in weapons.
571.08 Improperly furnishing firearms to a minor. (Repealed in part)
571.085 Underage purchase of a firearm or handgun.
571.09 Discharging firearms.
571.10 Slingshot, bow and arrow and air rifle.
571.11 Fireworks.
571.12 Endangering aircraft and airport operations.
571.13 Possession of an object indistinguishable from a firearm in a school safety zone.
571.14 Concealed handgun licenses: possession of a revoked or suspended license; additional restrictions; posting of signs prohibiting possession.
571.15 Brandishing or possessing a replica firearm.
CROSS REFERENCES
See section histories for similar State law
Prohibiting sales of firearms and explosives in riot areas - see Ohio R.C. 3761.16
Vehicles transporting explosives - see TRAF. 339.04
Definitions generally - see GEN. OFF. 501.01
Reporting gunshot wounds - see GEN. OFF. 501.12
Posting firearm warning signs - see GEN. OFF. 503.06
Arson - see GEN. OFF. 541.09
Possession of dangerous ordnance - see GEN. OFF. 541.35
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Automatic firearm." Any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than 31 cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.
(b) "Ballistic knife." A knife with a detachable blade that is propelled by a spring-operated mechanism.
(c) "Dangerous ordnance."
(1) Any of the following, except as provided in division (2) of this definition:
A. Any automatic or sawed-off firearm, zip-gun, or ballistic knife.
B. Any explosive device or incendiary device.
C. Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions.
D. Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon.
E. Any firearm muffler or silencer.
F. Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
(2) "Dangerous ordnance" does not include any of the following:
A. Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder.
B. Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm.
C. Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder.
D. Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (2)C. of this definition during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition.
E. Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.
F. Any device that is expressly excepted from the definition of a destructive device pursuant to the Gun Control Act of 1968, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that Act.
(d) "Deadly weapon." Any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
(e) “Explosive.” Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as Class A, Class B, or Class C explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosives” does not include “fireworks,” as defined in Ohio R.C. 3743.01, or any explosive that is not subject to regulation under the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.
(f) "Explosive device." Any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
(g) "Firearm."
(1) Any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
(h) "Handgun." Means any of the following:
(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type described in division (1) of this definition can be assembled.
(i) "Incendiary device." Any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agent and a means to ignite it.
(j) "Sawed-off firearm." A shotgun with a barrel less than 18 inches long, or a rifle with a barrel less than 16 inches long, or a shotgun or rifle less than 26 inches long overall.
(k) "Semi-automatic firearm." Any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(l) "Zip-gun." Any of the following:
(1) Any firearm of crude and extemporized manufacture.
(2) Any device, including without limitation a starter’s pistol, not designed as a firearm, but that is specially adapted for use as a firearm.
(3) Any industrial tool, signaling device, or safety device, not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.
(ORC 2923.11)
(a) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance except as provided in Ohio R.C. 2923.12.
(b) This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.
(c) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:
(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 his or her lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, that 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 himself, herself or a member of his or her family, or upon his or her 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 his or her own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor’s person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of Ohio R.C. 2923.16(C).
(d) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or a 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 a dangerous ordnance, carrying concealed weapons is a felony to be prosecuted under appropriate State law. If the weapon involved is a firearm and the violation of this section is committed at premises for which a D Permit has been issued under Ohio R.C. Chapter 4303, or 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 is a felony to be prosecuted under appropriate State law.
(Ord. 74-2004. Passed 4-19-04.)
Statutory reference:
Carrying concealed weapons, see Ohio R.C. 2923.12
Carrying concealed handguns, licensing through county sheriff, see Ohio R.C. 2923.124 et seq.
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
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