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.
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(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.
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(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
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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:
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(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;
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(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.
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(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