(a) The requirement of a Restricted Weapons Owner's Identification Card obtained pursuant to Section 632.04 does not apply to the purchase, ownership, possession, receipt, having on or about the person or use of any restricted weapon or ammunition by:
(1) Any state of the United States or any political subdivision, department or agency thereof;
(2) Officers or agents of any state or of the United States or any political subdivision, department or agency of either; members of the organized militia of any state or the Armed Forces of the United States; or law enforcement officers of any political subdivision, to the extent that the official duties of any such person require him to purchase, own, possess, receive, carry or use restricted weapons;
(3) Licensed manufacturers and their agents and servants, to the extent that the purchase, ownership, possession, receipt or use of any restricted weapon is in the ordinary course of business;
(4) Nonresidents of the City who are residents of the State, provided that such persons are not prohibited by the provisions of Section 632.02 or 632.04 and possess and exhibit upon request such valid permit, authorization or identification issued under the authority of the government of their place of residence to purchase, own, possess, receive, carry or use any restricted weapon and provided, further, that restricted weapons in the possession of or under the control of the nonresidents shall at all times be unloaded and encased, except while unloaded at a public firearms display, show or exhibition. The requirements of a valid permit, authorization or identification as required by this division shall not apply to a nonresident who enters the City with firearms for the sole purpose of exhibiting or trading such firearms at a public firearms display, show or exhibition, or for the sole purpose of participating in an organized and sanctioned pistol match. The permit, authorization or identification provided for in this division shall be valid for only 30 days from the date thereof;
(5) Nonresidents of the City moving into the City for the purpose of establishing residence herein, during a period not exceeding 60 days from the date of their entry into the City for such purpose, provided that such persons possess and exhibit upon request such valid permit, authorization or identification as may be required by the laws of their former domicile to own, possess, receive or have on or about the person any restricted weapon;
(6) Executors, administrators, guardians, receivers, trustees in bankruptcy and other fiduciaries duly qualified and appointed by a Court of competent jurisdiction, when acting in their fiduciary capacity, and their attorneys;
(7) Heirs and legatees acquiring any restricted weapon or ammunition therefor through distribution of an estate, and other persons other than fiduciaries acquiring any restricted weapon through operation of law, during a period not exceeding 60 days from the date of their coming into possession of any restricted weapon;
(8) Carriers, warehousemen and others engaged in the business of transporting or storing firearms, and their agents and servants, to the extent that the ownership, possession, receipt or having on or about the person of any such firearm by such persons is in the ordinary course of business and in conformity with the laws of this State or the United States.
(Ord. 76-25. Passed 5-17-1976.)
(9) Private security officers who possess a currently valid annually renewable firearm bearer's card issued by the State of Ohio pursuant to Ohio R.C. Chapter 4749; and who can, on request, provide proof of completion of at least 20 hours of education by the Ohio Peace Officers Council, and who are engaged in the normal course of business for a licensed security agency, and who are otherwise in compliance with the laws of the State of Ohio and the United States.
(Ord. 95-29. Passed 6-5-1995.)
(b) The exemptions set forth in division (a) hereof constitute an affirmative defense to a prima-facie showing of violation of this chapter and no police officer shall be bound to recognize such defense in the routine enforcement of this chapter.
(c) No person shall purchase or otherwise obtain, or attempt to purchase or otherwise obtain, any restricted weapon by claiming an exemption pursuant to this section from the requirement of a Restricted Weapons Owner's Identification Card contained in Section 632.04 knowing such claim of exemption to be false.
(d) 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, § 519.05) (Ord. 76-25. Passed 5-17-1976.)