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HomeMy WebLinkAbout84-04 OrdinanceRECORD OF ORDINANCES Ordinance No. 84-04 (amended) Passed , 20 AN ORDINANCE AMENDING SECTIONS 137.01 AND 137.08 OF THE DUBLIN CODIFIED ORDINANCES REGARDING UNLAWFUL MANUFACTURING, IMPORTATION, PURCHASE, SALE, OR TRANSFER OF ASSAULT WEAPONS, AND DECLARING AN EMERGENCY. WHEREAS, the ten-year Federal Assault Weapon ban expired on September 13, 2004 because the Congress did not act to pass new legislation; and WHEREAS, the City of Dublin is one of a few Ohio municipalities, including Cincinnati, Cleveland, Columbus, Dayton, and Toledo, which has been proactive in adopting local legislation to regulate assault weapons; and WHEREAS, Dublin Codified Ordinances, Section 137.08, currently provides that no person shall knowingly sell, offer, or display for sale, give, lend, or transfer ownership of any assault weapon; and WHEREAS, Dublin Codified Ordinances, Section 137.01, provides a definition for "Assault weapon;" however that definition is likely to be subject to constitutional challenge based upon the ruling in Peoples Rights Organization v. Columbus, 152 F.3d 522 (6`h Cir. 1998), in which the United States Court of Appeals held that a similar "assault weapon" definition was unconstitutional because it was unduly vague among other reasons; and WHEREAS, the Council hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of Dublin and the Council has restricted assault weapons based upon the finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings; and WHEREAS, it is the intent of the Council in enacting this section to place restrictions on the use of assault weapons; and it is not, however, the intent of the Council to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _~ of the elected members concurring: Section 1. Dublin Codified Ordinances Section 137.01 is hereby amended to read as follows: § 137.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANTIQUE FIREARM. Any firearm manufactured prior to 1898. ASSAULT WEAPON. +~,~ „a~ RECORD OF ORDINANCES Ordinance No. Inc. 84-04 (Amended) Passed Page 2 0 ~ , „a;~;,.n+:,.,, „gyn., n„~,,.,.,n.;,. ~;«on...,-,. ,. /A~~r,=, rri~ n«w, „iL,;nL, rv, . ~~o «anCBrGd-CO-CCR-e'f7LTLTOTe~SSAA2C1`~A~ n .le~~,o.a ;., ll;,.;n;,,,,n /t \ /71 .,« /Zl nL..,,.o > > > > ~F ~l, o (1) "Assault weapon" means and (a) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine and has one or more of the following: (i) A pistol grill; (ii) Any feature capable of functioning as a protrudin grip that can be held by the non-trigger hand; (iii) A folding, telescoping or thumbhole stock; (iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (v) A muzzle brake or muzzle compensator. (b) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition; (c) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following (i) Any feature capable of functioning as a protrudin grip that can be held by the non-trigger hand; (ii) A folding, telescoping or thumbhold stock; (iii) A shroud attached to the barrel, or that partiall~r completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; (iv) A muzzle brake or muzzle compensator; or (v) The capacity to accept a detachable magazine at an_y location outside the pistol grill; RECORD OF ORDINANCES Inc. Ordinance No 84-04 (Amended) Passed Page. 20 (d) Semi-automatic shogun that has one or more of the following: (i) A pistol Qrlp; (ii) Any feature capable of functioning a~protrudin~ grip that can be held by the non-trigger hand; (iii) A folding, telescoping_or thumbhole stock; (iv) A fixed magazine capacity in excess of 5 rounds; or (v) An ability to accept a detachable ma ag zine; (e) Shotgun with a revolving cylinder; (f) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under control of the same person. (2) "Assault weapon" does not include any firearm that has been made permanently inferable. 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. BALLISTIC KNIFE. A knife with a detachable blade that is propelled by a spring-operated mechanism. CURIO OR COLLECTIBLE FIREARM. Any firearm manufactured 50 or more years ago. DANGEROUS ORDNANCE. (1) Any of the following, except as provided in division (2) below: (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 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 therefor; (e) Any firearm muffler or silencer; RECORD OF ORDINANCES Blank,tnc. Ordinance No. 84-04 (Amended) PQSed Page 4 0 (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 therefor, and regardless of its actual age, which employs a percussion cap or other obsolete ignition system, or which 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 therefor, unless such firearm is an automatic or sawed-off firearm; (c) Any cannon or other artillery piece which, 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 carnage, 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 (1)(c) above 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 which is inoperable or inert and cannot readily be rendered operable or activated, and which is kept as a trophy, souvenir, curio or museum piece; (f) Any device which is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), and any amendments or additions thereto or reenactments thereof, and regulations issued there under. 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. DETACHABLE MAGAZINE. Any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. 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 which has been knowingly tampered with or arranged so as to explode. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 84-04 (Amended) Page 5 Ordinance No. Passed 20 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 which is inoperable but which 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. HANDGUN. Any firearm designed to be fired while being held in one hand. 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 agency and a means to ignite it. LARGE CAPACITY MAGAZINE. ^ ''°°, a...,..,, °'~„ ~ ~*'~°r ° ^*^'^°r ~~•'~~^'' r''ro"licr~--rrivt~•cuirrr'~!1 ,- «,i~ „F `•`•ziiciixiti6irt6 1.° F !1 ~. „+;,,,,.,,,~1.> ;,,+„ ., sages Any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following: (1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (2) A 22 caliber tube ammunition feeding_device. (3) A tubular magazine that is contained in alever-action firearm. MUZZLE BRAKE. A device attached to the muzzle of a weapon that utilizes escaping_~as to reduce recoil. MUZZLE COMPENSATOR. A device attached to the muzzle of a weapon that utilizes escaping_gas to control muzzle moment. RIFLE. A weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. 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. 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. SHOTGUN. A firearm, whether or not it is intended to be fired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell. ZIP-GUN. Any of the following: (1) Any firearm of crude and extemporized manufacture; RECORD OF ORDINANCES Blank, Inc. Ordinance No. 84-04 (Amended) Passed Page 6 0 (2) Any device, including without limitation a starter's pistol, not designated as a firearm, but which is specially adapted for use as such; (3) Any industrial tool, sig~lli-t}g signaling device or safety device, not designated as a firearm, but which as designed is capable of use as such, when possessed, carried or used as a firearm. Section 2. Dublin Codified Ordinances Section 137.08 is hereby amended to read as follows: § 137.08 UNLAWFUL MANUFACTURING, IMPORTATION, PURCHASE, SALE, OR TRANSFER OF ASSAULT WEAPONS. ~ n~_I,k~-ie~,a.. ~l,.,ll 1,.,,,,,.:..g}~~ell~€fer e~-d~l~fer-s,~e~o=°~~ t~ ' ~ l ~ t t l '~~ i~~~i ~e: °f -th-1~S~Bi~fe 3l~iivv iSi~~irS r ~vj ~r ~4 - ~ ~ It tl,o o „t.,.- „ .,.1. ,o.,,.,,«~ .,o.. .- ~ g .,,, „o.,~ ,, .,t,-.,t.,,- .,~ tl,o o~t.,to ~,F ., ,lo o.l ___---- ---s .. ---r- ---- --------- -- ----- „F ., „lt t., ' ----------- Lo ,, .,F tl,.,t ., „lt o F tl, 1' 't ,1 .. .,F t,-.,.,~F .-.•: ,,,-,,,,moo .,,. tl,o ., „lt , .,t t„ tl,o ~~., ,.o.,,•..,,, ,,,,,-r,,., --= --------'- r ---r -=- -- '-----`----- ,- .,~ '11 4'tl, .1 0,lo.,t .,,-.lo,-o,a L, --o ---- --' ' ------ - - --r - - r ,, tL,o «,-„l..,to ~. ,,,-t• ,, ,;~a,a tl,.,t tl,o ~, r~,. --- ------- -- --- ------ - -- t,-.,,,~F roe : „t;,,., , ,,,lo,- tl,o , ,;11 ., ~ ---- r--- - - - ~ ~ ~„-.ao,- ~,f't1,e .,..,,L..,to ,. ,,,-f C ~~t d~t t t#i „ ,.;t„ ^~ t .,,,a ,,., ri.>,o,.~ „r tl,o ., oa ~ ,. e ~ es; s- ~ ~ ~ T T„;*e~~t ,,,1, ., „ es-o~tl}i~t-at lt „ ,,,1 ;~ ~ ,.1, „tl,,,ri.,o~l t ; .,t;,,.: ,,,;tl,;,, tt,as.,,,.,o „Ftl,o;,- ~1 lz~~lis-~estie„ •1" •,t „"'1~'~'~^• :~tl~l~:rru„lmi `v`~eapvir~ias~v`ic ,..lo,-e.a t..t.,ll., ; ,..,1.loYY~.~~ ~o.-t .,«.7 ., ..t ,-o.,.a;l., l.e r ,,.ao,-o.a !'2\ Tt,;~ ~e,.t:,,.. ,1„e~ ,,,,t ., ,.1,. :F tl,o ., „lt , „t;,,,,o .,lle,.t;l,lo ~,-o.,,-.., (A) No person, corporation or other entity in the City of Dublin may manufacture, import, purchase, sell or transfer any assault weapon or lame capacity ma ag zine. (B) Section (A) shall not apply to: (1) Any government officer, agent, or employee, member of armed forces of the United States, or peace office, to the extent that such person is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine, and does so while actin within the scope of his or her duties; or 21 The manufacture. sale or transfer of an assault weapon or lame capacity ammunition feeding device by a firearm manufacturer or dealer that is properly licensed under federal, state, and local laws to andbranch of the armed forces of the United States, or to a law enforcement agency in the City of Dublin for use b ty hat agency or its employees for law enforcement purposes; or (3) Andperson that is properly licensed to acquire or possess an assault weapon and/or large capaci magazine under federal, state or local law. RECORD OF ORDINANCES [nc. Ordinance No. 84-04 (Amended) Passed Page, 20 ~~ Whoever violates this section is guilty of unlawful manufacturing, importation, purchase, sale or transfer of assault weapons, a misdemeanor of the first degree. If the offender has previously been convicted under this section, upon the second conviction the court shall impose a sentence of imprisonment of at least 30 days, which sentence is mandatory and may not be suspended, modified, or subject to probation during that 30-day period. If the offender has twice previously been convicted under this section, upon the third or more conviction the court shall impose a sentence of imprisonment of at least 90 days, which sentence is mandatory and may not be suspended, modified or subject to probation during that 90-day period. ~D) Severability. If andprovision or term of this Chapter is for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining_portions of the Chapter or any part thereof. Section 3. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of Dublin and the such firearms has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. Therefore, this ordinance shall go into immediate effect. Passed this ~ day of , 2005. Mayor -Presiding Officer Attest: Clerk Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Duty Clerk of Council, Dublin, Ohio SCHOTTENSTEIN ZOX & DUNN a legal pro/essional association MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Mike Epperson, Police Chief Anne Clarke, Clerk of Council FROM: Stephen J. Smith, Law Director Stephen J. Smith, Jr. J. Corey Colombo DATE: February 1, 2005 RE: Ordinance 84-04(Amended) Assault Weapons This memorandum serves as an addendum to the December 8, 2004 memorandum to Council regarding Ordinance 84-04. The Law Department has gathered additional information since the Assault Weapon Ban was originally introduced to Council. This office spoke to Chief Epperson, some police officers, and several Dublin residents including a federally licensed weapons dealer. The Law Department would propose two amendments from the original ordinance based upon this additional information that has been gathered: 1. Eliminate "possession" of assault weapons from list of prohibited activities. The Dublin Code, in its current format, does not prohibit "possession" of assault weapons. The Dublin Code, §137.08, prohibits the unlawful sale or transfer of assault weapons. We would recommend expanding the prohibitions to the unlawful manufacturing, importation, purchase, sale or transfer of assault weapons. We have determined that prohibiting the "possession" of assault weapons would: "cast the net too wide;" make the ordinance too broad; be difficult to enforce; and would unintentionally prohibit many types of activities. For example, numerous residents are collectors of antique weapons that may fit into the category of assault weapons. Some residents may possess assault weapons that pre-dated the assault weapon ban, and these weapons were lawful when purchased. Some residents may move into the City or motorists may drive into City and not have knowledge that possession of such weapons is prohibited in Dublin. Dublin is one of a very few Ohio municipalities that has such an ordinance. The Police Department should target those who would attempt to manufacture, import, purchase, sell, or transfer assault weapons within the City limits. Steve Smith, Law Director Ordinance 84-04 (Amended) Page 2 2. Create an exception for "[a]ny person that is properly licensed to acquire or possess an assault weapon and/or large capacity magazine under federal, state or local law." This revision would apply to persons that are lawfully licensed to carry such weapons under existing or any future laws. Hopefully, these changes will allow for a more balanced approach to assault weapons control legislation and address concerns of those on both sides of the issue. At the same time, the ordinance will accomplish the objective of providing local laws to protect residents and law enforcement personnel. As always, please contact this office if you have any questions or wish to further discuss this matter.