019-93 Ordinance AMENDED
RECORD OF ORDINANCES
Dayton Legal Blank Co, Fonn No, 30043
Ordinance No. __1.~..~_3____'1unended) Passed ______ ___um_ _m____ ________________19_______
AN ORDINANCB ADOPTING WEAPONS AND FIR~S RBGULATIONS
[WHEREAS, the Council of the City of Dublin I
..' · ("Council") has considered the effect of unregulated sale of I
assault weapons; and I
, ,~EREAS, to protect the heal~h, sa~ety ~nd welfare I
of 1tS c1t1zens and law enforcement off1cers 1t 1S 1n the best 'I
interest of the City of Dublin (the "City") to ban the sale of
certain assault weapons, which have little or no legitimate i
sporting, hunting, collecting or target shooting purposes; and i
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WHEREAS, Council finds that the primary purpose of I
assault weapons as defined herein, is anti-personnel; and i
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WHEREAS, to keep such assault weapons out of the I
hands of criminals, particularly drug traffickers, and to help I
prevent violence it is necessary to ban the sale of such I
weapons; and I
WHEREAS, the ability to purchase, lease, rent, I
barter or otherwise transfer for consideration firearms I
without delay or a waiting or cooling off period has i
contr ibuted to the purchase or use of firearms after an I
incident where the purchaser is physically, mentally or
emotionally upset due to the incident; and I
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[ WHBREAS, to avoid the purchase, lease, rental,
., ' barter, etc. of firearms when the purchaser or user is
physically, mentally, or emotionally upset due to an incident
which may create the risk of immediate unlawful use or risk of
harm to other persons, it is in the best interest of the City
to require a seven (7) day waiting period or cooling off
period before a firearm is purchased, leased, rented or
bartered, etc.; and I
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WHEREAS, large capacity magazines may be used in ani I
unregulated firearm which will accept such magazines, thus ,
bringing such weapon within the ambit of the purpose of this !
ordinance to regulate semi-automatic weapons that permit the i
firing of a large number of rounds at one time without !
reloading, it is in the best interest of the City to regulate '
such magazines.
NOW THEREFORE, BE IT ORDAI~ED by the Council of the
City of DUblin, state of Ohio, ~ of the elected i
members concurring that: !
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Section 1. That Section 549.01 of the Codified I
Ordinances of the City of DUblin, Ohio be amended to read as :
follows: !
r- 549.01 Definitions.
t....: As used in this Chapter: i
(a) "Deadly weapon" means any instrument, device or I
thing capable of inflicting death, and designed or specially
adapted for use as a weapon, or possessed, carried or used as ,
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a weapon. !
(b) (1) "Firearm" means any deadly weapon capable I
of expelling or propelling one or more projectiles by the
action of an explosive or combustible propellant. "Firearm" I
includes an unloaded firearm, and any firearm which is
inoperable but which can readily be rendered operable. I
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No.u. .U-.U...(Alllended) Passed. n... ....m un...nm ...u............19u . . +
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(2) When determining whether a firearm is I '
[,,' capable of expelling or propelling one or more projectiles by ;
.' , the action of an explosive or combustible propellant, the '
I 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.
(c) "Handgun" means any firearm designed to be
fired while being held in one hand.
(d) "Semi-automatic firearm" means 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.
(e) "Automatic firearm" means 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 thirty-one cartridges without reloading,
other than a firearm chambering only .22 caliber rimfire
short, long, or long-rifle cartridges.
(f) "Rifle" means 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.
(g) "Shotgun" means a firearm, whether or not it is
~ intended to be fired from the shoulder, that is designed or
I redesigned, made or remade, to fire a fixed shotgun shell.
..... (h) "Large capacity magazine" means a box, drum,
clip or other container which holds more than twenty rounds of
ammunition to be fed continuously into a semi-automatic
firearm, except a magazine designed to hold only .22 caliber
rimfire cartridges.
(i) "Assault weapon" means:
(1) Any semi-automatic action, center fire
rifle or carbine that accepts a detachable magazine with a
capacity of twenty (20) rounds or more;
(2) Any semi-automatic shotgun with a magazine
capacity of more than six (6) rounds;
(3) Any semi-automatic handgun that is:
A. a modification of a rifle described
in division (i) (1), or a
modification of an automatic
firearm; or
B. originally designed to accept a
detachable magazine with the
capaci ty of more than twenty (20)
rounds.
(4) Any firearm which may be restored to an
operable assault weapon as defined in divisions (i) (1), (i) (2) !
or (i) (3) . i
[ (5) Any part, combination of parts, designed i
'.' or intended to convert a firearm into an assault weapon as !
defined in divisions (i) (1) , (i) (2) or (i) (3), or any i
combination of parts from which an assault weapon as defined I
in divisions (i) (1), (i) (2) or (i) (3), may be readily i
assembled if those parts are in the possession or under the I
control of the same person. I
(6) Assault weapon includes but is not I
limited to the following: I
(a) All of the following specified rifles:
1. Norinco, Mitchell and Poly I
Technologies Avtomat Kalashnikovs
(all models).
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'n .1.9..._9_3___{Amended) Passed ________ _ ____________u_ ___19_ _____
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0 (n) "Explosive device" means 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.
(0) "Incendiary device" means 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.
(p) "Ballistic knife" means a knife with a
detachable blade that is propelled by a spring-operated
mechanism.
(q) "Dangerous ordnance" means any of the
following, except as provided in subsection (r) hereof:
(1) Any automatic or sawed-off firearm,
zip-gun or ballistic knife;
(2) Any explosive device or incendiary
device;
(3) 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
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ammonium nitrate, liquid-oxygen blasting
explosives, blasting powder and other
blasting agents; and any other explosive
substance having sufficient brisance or
I power to be particularly suitable for use
as a military explosive, or for use in
mining, quarrying, excavating or
demolitions;
(4) Any firearm, rocket launcher, mortar,
artillery piece, grenade, mine, bomb,
torpedo or similar weapon, designed and
manufactured for military purposes, and
the ammunition therefor;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended
by the owner for use in converting any
firearm or other device into a dangerous
ordnance.
(r) "Dangerous ordnance" does not include any of
the following:
(1) 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;
(2) 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;
(3) Any cannon or other artillery piece
which, regardless of its actual age, is
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No.. __19_..~t3_m(Amended) Passed__________ _______m __________._19
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2. Action Arms Israeli Military
[Industries UZI and Galil.
i 3. Beretta AR-70 (SC-70).
i 4 . CETME G3.
· 5. Colt AR-15 and CAR-15 (including the
Colt AR-15 Sporter Rifle).
6. Daewoo K-1, K-2, Max 1 and Max 2.
7. Fabrique Nationale FN/FAL, FN/LAR
and FNC.
8. FAMAS MAS223.
9. Heckler & Koch HK-91, H-93, HK-94,
and PSG-l.
10. MAC 10 and MAC 11.
11. SKS with detachable magazine.
12. SIG 57 AMT and 500 Series.
13. Springfield Armory BM59 and SAR-48,
and SAR-4800.
14. Springfield Armory M1 and M1A.
15. Sterling MK-6 and SAR.
16. Steyr AUG.
17. Valmet M62, M71S, and M78.
(b) All of the following specified shotguns:
1. Franchi SPAS 12 and LAW 12.
2. Gilbert Equipment Company striker 12.
(c) All of the following specified pistols:
1. Action Arms UZI.
,- 2. Encom MP-9 and MP-45.
l : 3. MAC 10 and MAC 11.
~ 4. INTRATEC TEC-9 and TEC-22.
5. Mitchell Arms Spectre Auto.
6. Sterling MK-7.
(d) Other models by the same manufacturer with
the same action design that have slight modifications or
enhancements of firearms listed in subparagraphs (a), (b), and
(c), provided the caliber exceeds .22 rimfire.
(7) Assault weapon does not include any of the
following:
(a) Any firearm that uses a .22 rimfire
caliber fire ammunition with a detachable magazine with a
capacity of thirty (30) rounds or less.
(b) Any assault weapon which has been modified
to either render it permanently inoperable or to permanently
make it a device no longer defined as an assault weapon.
(j) "Antique firearm" means any firearm
manufactured prior to 1898.
(k) "Curio or collectible firearm" means any
firearm manufactured fifty (50) or more years ago.
(1) "Sawed-off firearm" means a shotgun with a
barrel less than eighteen inches long, or a rifle with a
barrel less than sixteen inches long, or a shotgun or rifle
less than twenty-six inches long overall.
D...,' (m) "Zip-gun" means any of the following:
.. I (1) Any firearm of crude and extemporized
manufacture;
(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, signalling 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.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No, _ ___19_..9_3.__{Amended) Passed . nnnmmm nnmmnm mN m _~=
Page Five I
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 carriage, and is designed
and safe for use only with black powder;
(4) Black powder, priming quills and
percussion caps possessed and lawfully
used to fire a cannon of a type defined
in subsection (1) (3) hereof 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;
(5) 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;
(6) 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
thereunder. (ORC 2923.11)
Section 2. That section 549.06 be amended to
read as follows:
549.06 WeaDons Transactions. I
(a) No person shall:
(1) Manufacture, possess for sale, sell or I
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furnish to any person other than a law enforcement agency for I
authorized use and police work, any brass knuckles, cestus,
billy, black jack, sand bag, switch blade knife, spring blade I
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knife, gravity knife or similar weapons; i
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(2) When transferring any dangerous ordnance i
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to another, negligently fail to require the transferee to i
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exhibit such identification, license or permit showing him to I
be authorized to acquire dangerous ordnance pursuant to Ohio
R.C. 2923.17, or negligently fail to take a complete record of
the transaction and forthwith forward a copy of such record to
the sheriff of the county or city manager or police chief of
the municipality where the transaction takes place; I
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(3) Knowingly fail to report to law I
enforcement authorities forthwith the loss or theft of any I
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firearm or dangerous ordnance in such person's possession or I
[ under his control. I
(b) Any person who desires to purchase, lease, I
rent, barter or otherwise transfer for consideration, a
firearm (the "transferee"), other than an assault weapon as
defined in Section 549.01(i), shall complete a Waiting Period i
Validation Receipt ("Receipt" ) obtained either from the
seller, lessor or the person renting, bartering or otherwise I
transferring for consideration a fireman (the "transferor"), I
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or from the Dublin Division of Police. The receipt shall be I
in a form prescribed by the city manager or his or her I
designee. The transferor shall time-stamp, or have time- I
stamped by the Dublin Division of POlice, the receipt,
pursuant to administrative procedures promulgated by the city
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'_nu1~t..9.3_ _ (Amended) Passed - -- ------------- ---~-- ____19uu_
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[ manager. The transferor shall then file this receipt with the
Dublin Division of Police within twenty-four (24) hours from
the date and time set forth on the time-stamped receipt. If
the aforementioned receipt is in fact filed with the Dublin
Division of Police within twenty-four (24) hours of the date
and time set forth on the receipt, the transferor may deliver
the firearm to the transferee no sooner than seven (7) days
from the date of the time-stamped receipt and for a period of
up to thirty (30) days from the date of the time-stamped
receipt, for the purpose of transferring a firearm other than
an assault weapon. During this seven (7) day waiting period,
the Dublin Division of Police shall conduct a background check
of the transferee pursuant to administrative orders
established by the City Manager. Pursuant thereto, in the
event it is determined by the Chief of the Dublin Division of
POlice, that such weapons transaction is prohibited under
federal, state or local law, in addition to taking any and all
other appropriate steps, the Dublin Division of Police shall
attempt to notify the transferor of that fact. Upon delivery
of the firearm, as set forth above, the transferor shall time-
stamp the receipt again so as to indicate the actual date and
time of transfer of the firearm. The transferor shall
maintain a record of each firearm purchased, leased, rented,
etc. , including but not limited to the receipt and/or any
requirements set forth in the city manager's administrative
",..... order, for a period of seven (7) years, and such records are
L to be subject to inspection by the city manager or his or her
designee.
(c) This section does not apply to transactions
involving firearms defined as antiques, curios, or
collectibles.
(d) Whoever violates this section is guilty of
unlawful transactions in weapons. Violation of Subsections
(a)(l) or (2) hereof is a misdemeanor of the second degree.
Violation of Subsection (a) (3) hereof is a misdemeanor of the
fourth degree. Violation of Section (b) hereof is a
misdemeanor of the first degree.
Section 3. That Section 549.08 be amended to
read as follows:
549.08 Unlawful Sale of Assault WeaDons.
(A) No person shall knowingly sell or otherwise
transfer an assault weapon or a large capacity magazine.
(B) Notwithstanding the provisions of this
subsection regarding transfer of assault weapons, the executor
or administrator of the estate of a deceased owner of an
assault weapon may take possession of that assault weapon for
the limited purpose of transferring the assault weapon
pursuant to the will of the decedent or as ordered by the
r I probate court; provided that the transferee is acting under
the will or order of the probate court.
i.- (C) (1) This section does not apply to law
enforcement officers of the United States, this State, or
City, and members of the armed forces of the United States or
this State, if such person is authorized to possess such
assault weapon and is acting within the scope of their duties.
(2) This section does not apply if the assault
weapon has been rendered totally inoperable or inert and
cannot readily be rendered operable or activated and which is
kept as a trophy, souvenir, curio or museum piece.
(3) This section does not apply if the assault
weapon is an antique, curio or collectible firearm.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No, _m__19.._93_(Amended) Passed_ ___u m__um Ummmmu__ ___19_u
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[ (D) Whoever violates this section is guilty of
unlawful 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 days 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.
section 4. That existing sections 549.01 and
549.06 be and hereby are repealed.
section 5. That existing Sections 549.08,
549.09, 549.10, 549.11, 549.12, and 549.13 be renumbered as
549.09, 549.10, 549.11, 549.12, 549.13 and 549.14
respectively.
Section 6. That this Ordinance shall take effect
75 days following passage.
[ Passed this /~~ day of ~ , 1993.
ATTEST:
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Clerk of Council
.. ~~ 18M;Q" were posted in the
,,"'" \1',. cW,l~," et tri, Or~!1!1n~, 25 f 1M O~:io levise. Code.
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