Loading...
Ordinance 16-12RECORD OF ORDINANCES Ordinance No. Passed 20 AN ORDINANCE AMENDING SECTIONS 96.23,137.04,137.06 AND 137.08 OF THE DUBLIN CODIFIED ORDINANCES RELATED TO THE REGULATION OF FIREARMS TO COMPLY WITH REVISED CASE LAW REQUIREMENTS WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, the Law Department reviewed the City of Dublin's ordinances pertaining to firearm regulations to determine whether they comply with Ohio law in light of the Supreme Court's recent decision in Cleveland v. State; and WHEREAS, several Code sections were found to be inconsistent with the case law guidance. NOW, THE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1 . Section 96.23 is hereby amended and shall provide as follows: § 96.23 WEAPONS, FIREWORKS AND EXPLOSIVES. (A) No person in a park except officers or the director shall carry on his or her person knives, bows and arrows, crossbows, air and gas guns, missiles or missile - throwing devices, or other dangerous weapons without having first obtained written permission from the Director. (B) No person except officers or the Director shall discharge into a park an arrow, air or gas gun, missile, slingshot or any missile - throwing device without having first obtained written permission from the Director. (C) No person in a park except officers or the Director shall shoot an arrow or discharge an air or gas gun, missile or slingshot without having first obtained written permission from the Director. (D) Unauthorized bows and arrows, knives, air or gas guns, missiles, slingshots or other missile - throwing devices, other dangerous weapons, or any snares or traps in a park may be confiscated by officers or the Director. (E) No person in a park shall have in his or her possession any fireworks or explosives or shall cause any fireworks or explosives to ignite or detonate without having first obtained in writing a permit from the Director. (F) The foregoing provisions of this section do not apply to firearms as defined in Section 2923.11 of the Ohio Revised Code, and nothing in this section shall be construed as a limitation on an individual's right to keep and bear arms under federal or state law. Section 2. Section 137.04 is hereby amended and shall provide as follows: § 137.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. 16 -12 (B) No person shall knowingly transport or have a loaded firearm in a motor vehicle, in such manner that the firearm is accessible to the operator or any passenger without leaving the vehicle unless in compliance with R.C. § 2923.16. RECORD OF ORDINANCES Ordinance No. 16 -12 Page 2 of 5 Passed 1 20 (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is carried in one of the following ways: (1) In a closed package, box or case; (2) In a compartment that can be reached only by leaving the vehicle; (3) In plain sight and secured in a rack or holder made for the purpose; (4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. (5) In compliance with R.C. § 2923.16. (D) (1) This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of their duties. (2) Division (A) of this section does not apply to a person if all of the following circumstances apply: (a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the Chief of the Division of Wildlife of the Department of Natural Resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that is either zoned for agriculture or is used for agriculture. (c) The person owns the real property described in division (D)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (d) The person does not discharge the firearm in any of the following fiiYiiiYLSKYI While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; 2. In the direction of a street, highway or other public or private property used by the public for vehicular traffic or parking; 3. At or into an occupied structure that is a permanent or temporary habitation; 4. In the commission of any violation of law, including but not limited to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle. (3) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply: RECORD OF ORDINANCES 16 -12 Ordinance No. Page 3 of 5 Passed . 20_ (a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle. (b) The motor vehicle is on real property that is located in an unincorporated area of a township and that is either zoned for agriculture or is used for agriculture. (c) The person owns the real property described in division (D)(3)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (d) The person, prior to arriving at the real property described in division (D)(3)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway or other public or private property used by the public for vehicular traffic or parking. (E) The affirmative defenses contained in § 137.02 (C)(1) and (2) are affirmative defenses to a charge under division (B) or (C) of this section. (F) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the first degree. Violation of division (C) of this section is a misdemeanor of the fourth degree. (G) As used in this section: AGRICULTURE has the same meaning as in R.C. § 519.01. MOTOR VEHICLE, STREET and HIGHWAY have the same meaning as in § 70_01 and R.C. § 4511.01. OCCUPIED STRUCTURE has the same meaning as in R.C. § 2909.01. TENANT has the same meaning as in R.C. § 1531.01. UNLOADED means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan. (H) The foregoing provisions of this Section are based on R.C. 2923.16, which is hereby incorporated by reference as if fully rewritten herein, and nothing in this Section shall be construed as being in conflict with federal or state law. In the event that any provision of this Section shall be held to be in conflict with R.C. 2923.16 or other federal or state law by any court of competent jurisdiction, the applicable federal or state law shall control insofar as a conflict exists. Section 3 . Section 137.06 is hereby amended and shall provide as follows: § 137.06 UNLAWFUL TRANSACTIONS IN WEAPONS (A) No person shall: (1) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon; RECORD OF ORDINANCES Ordinance No. 16 -12 Passed Fo No 3D Page 4 of 5 . 20_ (2) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place; (3) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person's possession or under the person's control. (B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a misdemeanor of the second degree. A violation of division (A)(3) of this section is a misdemeanor of the fourth degree. (R.C. 2923.20) Section 4 . Section 137.08 is hereby amended and shall provide as follows: § 137.08 UNLAWFUL MANUFACTURING, IMPORATION, PURCHASE, SALE, OR TRANSFER OF ASSAULT WEAPONS. (A) No person, corporation or other entity in the city may manufacture, import, purchase, sell or transfer any assault weapon or large capacity magazine. (B) Division (A) of this section 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 acting within the scope of his or her duties; (2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding device by a firearm manufacturer or dealer that is properly licensed under federal, state, and local laws to any branch of the armed forces of the United States, or to a law enforcement agency in the city for use by that agency or its employees for law enforcement purposes; or (3) Any person that is properly licensed to acquire or possess an assault weapon and/or large capacity magazine under federal, state or local law. (C) 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) This Section is intended to incorporate the various provisions of the Ohio Revised Code that relate to assault weapons, and nothing contained in this Section shall be construed as a limitation on an individual's right to keep and bear arms under federal or state law. RECORD OF ORDINANCES 16 -12 Page 5 of 5 Ordinance No. Passed 20 (E) Severability. If any provision 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 5 . This Ordinance shall take effect and be in force at the earliest date permitted by law. Passed this O — t � day of Aar ' 2012. ATTEST: 6) t 0— 3 � Clerk of Council