678.01 Definitions.
678.02 Carrying concealed weapons.
(Repealed)
678.025 Possession of deadly weapon while under detention.
(Repealed)
678.03 Using weapons while intoxicated.
(Repealed)
678.04 Improperly handling firearms in a motor vehicle.
(Repealed)
678.05 License or permit to possess dangerous ordnance.
678.06 Failure to secure dangerous ordnance.
678.07 Unlawful transactions in weapons.
(Repealed)
678.08 Underage purchase of a firearm or handgun.
(Repealed)
678.09 Pointing and discharging firearms and other weapons.
678.095 Discharge of a firearm on or near prohibited premises.
678.10 Fireworks.
678.11 Endangering aircraft and airport operations.
(Repealed)
678.12 Possessing criminal tools.
678.13 Possession of an object indistinguishable from a firearm in a school safety zone.
(Repealed)
678.14 Concealed handgun licenses: possession of a revoked or suspended license; additional restrictions; posting of signs prohibiting possession.
(Repealed)
678.15 Defaced firearms.
(Repealed)
678.16 Use of weapons in Poland Forest lands.
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. 440.04
Definitions generally - see GEN. OFF. 606.01
Reporting gunshot wounds - see GEN. OFF. 608.04
Posting firearm warning signs - see GEN. OFF. 612.06
Hunting prohibited - see GEN. OFF. 618.12
Arson - see GEN. OFF. 642.06
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Ballistic knife.” A knife with a detachable blade that is propelled by a spring-operated mechanism.
(b) “Dangerous ordnance.”
(1) Any of the following, except as provided in division (2) of this definition:
A. Any 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 rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon.
(2) "Dangerous ordnance" does not include any of the following;
A. 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.
B. Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (2)A. 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.
C. 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.
D. 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.
(c) "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.
(d) "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 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 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 R.C. § 3743.80 and the rules of the Fire Marshal adopted pursuant to R.C. § 3737.82.
(e) "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.
(f) "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.
(g) "Zip-gun." Any of the following:
(1) Any device, including without limitation a starter's pistol, not designed as a firearm, but that is specially adapted for use as a firearm.
(2) 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. 1569-19. Passed 12-3-19.)
Statutory reference:
Weapons control definitions, see R.C. § 2923.11
(a) Upon application to the Sheriff of the county or Safety Director or Police Chief of the municipality where the applicant resides or has the applicant’s principal place of business, and upon payment of the fee specified in division (b) of this section, a license or temporary permit shall be issued to qualified applicants to acquire, possess, carry or use a dangerous ordnance for the following purposes:
(1) Contractors, wreckers, quarriers, mine operators and other persons regularly employing explosives in the course of a legitimate business, with respect to explosives and explosive devices acquired, possessed, carried or used in the course of the business.
(2) Farmers, with respect to explosives and explosive devices acquired, possessed, carried or used for agricultural purposes on lands farmed by them.
(3) Scientists, engineers and instructors, with respect to a dangerous ordnance acquired, possessed, carried or used in the course of bona fide research or instruction.
(4) Financial institutions and armored car company guards, with respect to automatic firearms lawfully acquired, possessed, carried or used by any such person while acting within the scope of the person’s duties.
(5) In the discretion of the issuing authority, any responsible person, with respect to a dangerous ordnance lawfully acquired, possessed, carried or used for a legitimate research, scientific, educational, industrial or other proper purpose.
(b) Application for a license or temporary permit under this section shall be in writing under oath to the Sheriff of the county or Safety Director or Police Chief of the municipality where the applicant resides or has the applicant’s principal place of business. The application shall be accompanied by an application fee of fifty dollars ($50.00) when the application is for a license, and an application fee of five dollars ($5.00) when the application is for a temporary permit. The fees shall be paid into the General Revenue Fund of the county or municipality. The application shall contain the following information:
(1) The name, age, address, occupation and business address of the applicant, if the applicant is a natural person, or the name, address and principal place of business of the applicant if the applicant is a corporation.
(2) A description of the dangerous ordnance for which a permit is requested.
(3) A description of the places where and the manner in which the dangerous ordnance is to be kept, carried and used.
(4) A statement of the purposes for which the dangerous ordnance is to be acquired, possessed, carried or used.
(5) Any other information as the issuing authority may require in giving effect to this section.
(c) Upon investigation, the issuing authority shall issue a license or temporary permit only if all of the following apply:
(1) The applicant is not otherwise prohibited by law from acquiring, having, carrying or using a dangerous ordnance.
(2) The applicant is twenty-one years of age or over, if the applicant is a natural person.
(3) It appears that the applicant has sufficient competence to safely acquire, possess, carry or use the dangerous ordnance, and that proper precautions will be taken to protect the security of the dangerous ordnance and ensure the safety of persons and property.
(4) It appears that the dangerous ordnance will be lawfully acquired, possessed, carried and used by the applicant for a legitimate purpose.
(d) The license or temporary permit shall identify the person to whom it is issued, identify the dangerous ordnance involved and state the purposes for which the license or temporary permit is issued, state the expiration date, if any, and list the restrictions on the acquisition, possession, carriage or use of the dangerous ordnance as the issuing authority considers advisable to protect the security of the dangerous ordnance and ensure the safety of persons and property.
(e) A temporary permit shall be issued for the casual use of explosives and explosive devices, and other consumable dangerous ordnance, and shall expire within 30 days of its issuance. A license shall be issued for the regular use of consumable dangerous ordnance, or for any non- consumable dangerous ordnance, which license need not specify an expiration date, but the issuing authority may specify such expiration date, not earlier than one year from the date of issuance, as it considers advisable in view of the nature of the dangerous ordnance and the purposes for which the license is issued.
(f) The dangerous ordnance specified in a license or temporary permit may be obtained by the holder anywhere in the state. Pursuant to Ohio R.C. 2923.18(F), the holder of a license may use the dangerous ordnance anywhere in the state. The holder of a temporary permit may use the dangerous ordnance only within the territorial jurisdiction of the issuing authority.
(g) The issuing authority shall forward to the State Fire Marshal a copy of each license or temporary permit issued pursuant to this section, and a copy of each record of a transaction in a dangerous ordnance and of each report of a lost or stolen dangerous ordnance, given to the local law enforcement authority as required by R.C. § 2923.20(A)(7) and (A)(8) or a substantially equivalent municipal ordinance. The State Fire Marshal will keep a permanent file of all licenses and temporary permits issued pursuant to this section, and of all records of transactions in, and losses or thefts of a dangerous ordnance forwarded by local law enforcement authorities pursuant to this section.
(ORC 2923.18)
(a) No person, in acquiring, possessing, carrying or using any dangerous ordnance, shall negligently fail to take proper precautions:
(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person.
(2) To ensure the safety of persons and property.
(b) Whoever violates this section is guilty of failure to a secure dangerous ordnance, a misdemeanor of the second degree.
(ORC 2923.19)
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