For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Active duty.” Has the same meaning as defined in 10 U.S.C. § 101.
(b) “Alien registration number.” The number issued by the United States Citizenship and Immigration Services Agency that is located on the alien’s permanent resident card and may also be commonly referred to as the “USCIS number” or the “alien number”.
(c) “Automatic firearm.” Any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.
(d) “Ballistic knife.” A knife with a detachable blade that is propelled by a spring- operated mechanism.
(e) “Concealed handgun license” or “license to carry a concealed handgun.”
(1) Means, subject to division (2) of this definition, a license or temporary emergency license to carry a concealed handgun issued under Ohio R.C. 2923.125 or Ohio R.C. 2923.1213 or a license to carry a concealed handgun issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
(2) A reference in any provision of this Code to a concealed handgun license issued under Ohio R.C. 2923.125 or a license to carry a concealed handgun issued under Ohio R.C. 2923.125 means only a license of the type that is specified in that section. A reference in any provision of this Code to a concealed handgun license issued under Ohio R.C. 2923.1213, a license to carry a concealed handgun issued under Ohio R.C. 2923.1213, or a license to carry a concealed handgun on a temporary emergency basis means only a license of the type that is specified in Ohio R.C. 2923.1213. A reference in any provision of this Code to a concealed handgun license issued by another state or a license to carry a concealed handgun issued by another state means only a license issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
(f) “Dangerous ordnance.”
(1) Any of the following, except as provided in division (2) of this definition:
A. Any automatic or sawed-off firearm or zip-gun.
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.
G. Any firearm with an overall length of at least 26 inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968”, 82 Stat. 1213, 18 U.S.C. § 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. § 5845(a).
(g) “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.
(h) “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 division 1.1, division 1.2, division 1.3, or division 1.4 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 substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored, or used in any activity described in Ohio R.C. 3743.80, provided the activity is conducted in accordance with all applicable laws, rules, and regulations, including, but not limited to, the provisions of Ohio R.C. 3743.80 and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.
(i) “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.
(j) “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.
(k) “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.
(l) “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.
(m) “Misdemeanor punishable by imprisonment for a term exceeding one year.” The phrase does not include any of the following:
(1) Any federal or state offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices;
(2) Any misdemeanor offense punishable by a term of imprisonment of two years or less.
(n) “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. “Sawed-off firearm” does not include any firearm with an overall length of at least 26 inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968”, 82 Stat. 1213, 18 U.S.C. § 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. § 5845(a).
(o) “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.
(p) “Valid concealed handgun license” or “valid license to carry a concealed handgun.” A concealed handgun license that is currently valid, that is not under a suspension under Ohio R.C. 2923.128(A)(1), under Ohio R.C. 2923.1213, or under a suspension provision of the state other than this state in which the license was issued, and that has not been revoked under Ohio R.C. 2923.128(B)(1), under Ohio R.C. 2923.1213, or under a revocation provision of the state other than this state in which the license was issued.
(q) “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.
(Ord. 2022-27. Passed 7-25-22.)
Statutory reference:
Weapons control definitions, see R.C. § 2923.11