Bill Text: OH HB340 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To provide protections from federal provisions related to interstate commerce for firearms, firearm accessories, and ammunition manufactured and remaining in Ohio.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2013-11-07 - To Agriculture and Natural Resources [HB340 Detail]
Download: Ohio-2013-HB340-Introduced.html
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Representative Becker
Cosponsors:
Representatives Hood, Lynch, Thompson
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 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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 |