(a) No person shall purchase, own, possess, receive, have on or about his or her person or use any handgun, pellet gun or stun gun, unless such person has a valid Restricted Weapons Owner's Identification Card issued to him or her and applicable to such weapon by reason of a proof of registration form issued pursuant to Section 632.07 hereof or unless such person is exempt from the requirements of having such identification card pursuant to Section 632.05.
(b) Application for a Restricted Weapons Owner's Identification Card shall be made in writing under oath to the Chief of Police and shall be accompanied by an application fee of $5.00 which shall be paid into the treasury of the City and credited to a special account created and maintained for the sole purpose of defraying the cost of administration and enforcement of this chapter. After initial investigation by the Chief of Police, if it appears upon identification that the applicant is not prohibited by this section from being issued an identification card, the Chief of Police shall issue an identification card to the applicant within not less than seven days nor more than 60 days from the date of application. A copy of such card shall be retained by the Chief together with a copy of the application. Such documents shall be maintained on permanent confidential filed by the Chief, to be made available only through subpoena by a Court of Record. Restricted Weapons Owner's Identification Cards issued pursuant to this section expire on the thirtieth day following the holder's third birthday after the date of issuance of such card and are void at any time prior to such date upon the holder becoming a member of the class of persons prohibited by this section from being issued a Restricted Weapons Owner's Identification Card.
(c) All identification cards issued pursuant to this section shall be entitled "City of University Heights, Ohio, Restricted Weapons Owner's Identification Card", shall be serially numbered according to a system devised by the Chief of Police, shall bear the date of issuance, the date of expiration, the applicant's name, home address, birth date, physical description, full face photograph and Social Security number, and shall be signed by the holder, in addition to such other relevant data as may be required by the Chief of Police. If, within 90 days after receipt of approval of the application, the applicant fails to appear for the processing and issuance of his or her identification card, such application shall be considered void but shall not bar the applicant from reapplying for an identification card. The owner's identification card shall not in any manner authorize nor affect the carrying or possession of any weapon contrary to law.
(d) A Restricted Weapons Owner's Identification Card shall not be issued to any person who is:
(1) A person prohibited by Section 632.02 hereof, from purchasing, owning, possessing, receiving, having on or about his or her person or using any firearm or ammunition;
(2) A person under the age of 21;
(3) A person convicted of a felony drug abuse offense as defined in Ohio R.C. 2925.01(I), effective July 1, 1976 or similar definitions subsequently adopted;
(4) A person with more than one conviction of disorderly conduct involving intoxication within one year prior to his or her application for such identification card;
(5) Any person with more than one conviction of a misdemeanor involving the use of force and violence, or the threat of the use of force and violence, against the person of another within one year prior to his or her application for such identification card;
(6) Any person with a conviction of a felony involving, as an element thereof, the threat or use of force, at any prior time.
(e) No person shall knowingly give any false information in making application for a Restricted Weapons Owner's Identification Card and no person shall use or attempt to use such card or purchase, own, possess, receive, have on or about his or her person or use any restricted weapon, knowing such identification card to belong to another or knowing it was obtained by means of false information or when it is void by reason of the holder becoming a member of the class of persons prohibited by this section from being issued such card.
(f) No person shall use or attempt to use his or her Restricted Weapons Owner's Identification Card to obtain any restricted weapon for any person who does not have a valid Restricted Weapons Owner's Identification Card issued to him or her and is not exempt from the requirement of an identification card pursuant to Section 632.05. No person shall knowingly permit his or her identification card to be used by another or purchase, own, possess, receive, have on or about his or her person or use any restricted weapon or ammunition.
(g) If an applicant is denied an identification card, such applicant may appeal the order of refusal to the Restricted Weapons Control Appeals Board which is hereby established. The Board shall consist of the Mayor, the Safety Director and a representative chosen by Council. Such appeal must be taken within ten days from receipt of a notice of refusal. The Restricted Weapons Control Appeals Board shall conduct a hearing upon such appeals within ten days from receipt of a notice of appeal in writing from such order of refusal. If an applicant is denied a Restricted Weapons Owner's Identification Card and the applicant, at the time of making the application, is the owner or possessor of a restricted weapon, such applicant shall, within 30 days from the date of denial of such application, or, if an appeal is filed by such applicant to the Restricted Weapons Control Appeals Board, within 30 days from the date of receipt of an affirmation of such order of refusal by the Restricted Weapons Control Appeals Board, dispose of such restricted weapon pursuant to the provisions of Section 632.03(b).
(h) A possessor of an identification card shall become ineligible to possess such a card if he or she becomes one of that class of persons set forth in division (d) hereof. At such time, he or she shall immediately forfeit his or her card and return it to the Chief of Police and shall, within 30 days from the date of forfeiture, dispose of any restricted weapon in his or her possession pursuant to the provisions of Section 632.03(b).
(i) A nonresident of the City who owns, manages or operates a business within the City, or whose terms of employment require him or her to own, possess or have on or about his or her person a restricted weapon during his or her employment within the City, or any nonresident of the City passing through the City who complies with the prerequisites of this chapter, may make application for and obtain a Restricted Weapons Owner's Identification Card pursuant to the provisions of this section.
(j) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(1982 Code, § 519.04) (Ord. 76-25. Passed 5-17-1976.)