|
|
| To enact sections 2923.26 to 2923.30 of the Revised | 1 |
| Code to provide protections from federal | 2 |
| provisions related to interstate commerce for | 3 |
| firearms, firearm accessories, and ammunition | 4 |
| manufactured and remaining in Ohio. | 5 |
| Section 1. That sections 2923.26, 2923.27, 2923.28, 2923.29, | 6 |
| and 2923.30 of the Revised Code be enacted to read as follows: | 7 |
| Sec. 2923.26. As used in sections 2923.26 to 2923.30 of the | 8 |
| Revised Code: | 9 |
| (A) "Ammunition" means any projectile capable of being | 10 |
| expelled or propelled from a firearm by the action of an explosive | 11 |
| or combustible propellant but does not include any projectile | 12 |
| designed to pierce armor. | 13 |
| (B) "Borders of this state" means the boundaries of Ohio; | 14 |
| (C) "Firearm" has the same meaning as in section 2923.11 of | 15 |
| the Revised Code. | 16 |
| (D) "Firearms accessory" means any item that is used in | 17 |
| conjunction with or mounted upon a firearm but that is not | 18 |
| essential to the basic function of a firearm, including, but not | 19 |
| limited to, any telescopic or laser sight, magazine, flash or | 20 |
| sound suppressor, folding or aftermarket stock or grip, speed | 21 |
| loader, ammunition carrier, or light for target identification. | 22 |
| (E) "Generic and insignificant parts" includes, but is not | 23 |
| limited to, springs, screws, nuts, and pins. | 24 |
| (F) "Manufactured" means the creation of a firearm, a firearm | 25 |
| accessory, or ammunition from basic materials for functional | 26 |
| usefulness, including, but not limited to, forging, casting, | 27 |
| machining, or any other process for working materials. | 28 |
| Sec. 2923.27. A personal firearm, a firearm accessory, or | 29 |
| ammunition that is manufactured commercially or privately in this | 30 |
| state and that remains within the borders of this state is not | 31 |
| subject to federal law or federal regulation, including | 32 |
| registration, under the authority of the United States congress to | 33 |
| regulate interstate commerce. The general assembly hereby declares | 34 |
| that those items have not traveled in interstate commerce. This | 35 |
| section applies to a firearm, a firearm accessory, or ammunition | 36 |
| that is manufactured in this state from basic materials and that | 37 |
| can be manufactured without the inclusion of any significant parts | 38 |
| imported from another state or foreign country. Generic and | 39 |
| insignificant parts that have other manufacturing or consumer | 40 |
| product applications are not firearms, firearms accessories, or | 41 |
| ammunition, and their importation into this state and | 42 |
| incorporation into a firearm, a firearm accessory, or ammunition | 43 |
| manufactured in this state does not subject the firearm, firearm | 44 |
| accessory, or ammunition to federal regulation. The general | 45 |
| assembly hereby declares that basic materials, including, but not | 46 |
| limited to, unmachined steel and unshaped wood, are not firearms, | 47 |
| firearms accessories, or ammunition and are not subject to the | 48 |
| authority of the United States congress to regulate firearms, | 49 |
| firearms accessories, and ammunition under interstate commerce as | 50 |
| if they were actually firearms, firearms accessories, or | 51 |
| ammunition. The authority of the United States congress to | 52 |
| regulate interstate commerce in basic materials does not include | 53 |
| authority to regulate firearms, firearms accessories, and | 54 |
| ammunition made in this state from those materials. Any firearm | 55 |
| accessory that is imported into this state from another state, | 56 |
| that is subject to regulation by the United States congress as | 57 |
| being in interstate commerce, and that is attached to or used in | 58 |
| conjunction with a firearm in this state does not subject the | 59 |
| firearm, because of the attachment to or use in conjunction with | 60 |
| the firearm, to federal regulation under interstate commerce. | 61 |
| Sec. 2923.28. (A) The general assembly hereby declares that | 62 |
| the authority for sections 2923.26 to 2923.30 of the Revised Code | 63 |
| is the following: | 64 |
| (1) The tenth amendment to the United States Constitution | 65 |
| guarantees to the states and their people all powers not granted | 66 |
| to the federal government elsewhere in the Constitution and | 67 |
| reserves to this state and the people of this state certain powers | 68 |
| as they were understood at the time that this state was admitted | 69 |
| to statehood. The guaranty of those powers is a matter of contract | 70 |
| between this state and the people of this state and the United | 71 |
| States as of the time that this state was admitted to statehood. | 72 |
| (2) The ninth amendment to the United States Constitution | 73 |
| guarantees to the people rights not granted in the Constitution | 74 |
| and reserves to the people of this state certain rights, as they | 75 |
| were understood at the time that this state was admitted to | 76 |
| statehood. The guaranty of those rights is a matter of contract | 77 |
| between this state and the people of this state and the United | 78 |
| States as of the time that this state was admitted to statehood. | 79 |
| (3) The regulation of intrastate commerce is vested in the | 80 |
| states under the ninth and tenth amendments to the United States | 81 |
| Constitution. | 82 |
| (4) The second amendment to the United States Constitution | 83 |
| reserves to the people the right to keep and bear arms as that | 84 |
| right was understood at the time that this state was admitted to | 85 |
| statehood, and the guaranty of the right is a matter of contract | 86 |
| between this state and the people of this state and the United | 87 |
| States as of the time that this state was admitted to statehood. | 88 |
| (5) Article I, Section 4, of the Ohio Constitution clearly | 89 |
| secures to the people of this state the right to bear arms for | 90 |
| their defense and security, and prohibits government interference | 91 |
| with that right. This right and this constitutional protection are | 92 |
| similar to the right and constitutional protection granted in | 93 |
| Article VIII, Section 20 of the 1802 Ohio Constitution ("the | 94 |
| people have the right to bear arms for the defence of themselves | 95 |
| and the state"), and the right and constitutional protection exist | 96 |
| as they did and were agreed upon by this state and the United | 97 |
| States at the time that this state was admitted to statehood. | 98 |
| Sec. 2923.29. Section 2923.27 of the Revised Code does not | 99 |
| apply to any of the following: | 100 |
| (A) A firearm that cannot be carried and used by one person; | 101 |
| (B) A firearm that has a bore diameter greater than one and | 102 |
| one-half inches and that uses smokeless powder, not black powder, | 103 |
| as a propellant; | 104 |
| (C) Ammunition with a projectile that explodes using an | 105 |
| explosion of chemical energy after the projectile leaves the | 106 |
| firearm; | 107 |
| (D) Other than shotguns, a firearm that discharges two or | 108 |
| more projectiles with one activation of the trigger or other | 109 |
| firing device. | 110 |
| Sec. 2923.30. (A) A firearm manufactured in this state on or | 111 |
| after the effective date of this section must have the words "Made | 112 |
| in Ohio" clearly stamped on a central metallic part, such as the | 113 |
| receiver or frame. | 114 |
| (B) Sections 2923.26 to 2923.30 of the Revised Code apply to | 115 |
| firearms, firearms accessories, and ammunition that are | 116 |
| manufactured and retained in this state on or after the effective | 117 |
| date of this section. | 118 |