Bill Title: To prohibit any person under twenty-one years of age from possessing a firearm, subject to specified exceptions for lawful hunting, sporting, or educational purposes and for law enforcement officers; to expand the offense of failure to secure dangerous ordnance so that it also prohibits a failure to secure a firearm and increase the penalty for the offense; and to declare an emergency.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2009-03-18 - To Public Safety & Homeland Security
[HB85 Detail]Download: Ohio-2009-HB85-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Boyd, Williams, S.
Cosponsors:
Representatives Skindell, DeBose, Harris, Mallory, Foley
A BILL
| To amend sections 2151.022, 2152.02, and 2923.19 and | 1 |
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to enact section 2923.212 of the Revised Code to | 2 |
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prohibit any person under twenty-one years of age | 3 |
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from possessing a firearm, subject to specified | 4 |
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exceptions for lawful hunting, sporting, or | 5 |
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educational purposes and for law enforcement | 6 |
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officers; to expand the offense of failure to | 7 |
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secure dangerous ordnance so that it also | 8 |
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prohibits a failure to secure a firearm and | 9 |
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increase the penalty for the offense;
and to | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.022, 2152.02, and 2923.19 be | 12 |
amended and section 2923.212 of the Revised Code be enacted to | 13 |
read as follows: | 14 |
Sec. 2151.022. As used in this chapter, "unruly child" | 15 |
includes any of the
following: | 16 |
(A) Any child who does not submit to
the reasonable
control | 17 |
of the child's parents, teachers, guardian,
or custodian, by | 18 |
reason of
being wayward or habitually disobedient; | 19 |
(B) Any child who is an habitual truant from school and
who | 20 |
previously
has
not been adjudicated an unruly child for being
an | 21 |
habitual truant; | 22 |
(C) Any child who
behaves in a manner as to
injure or | 23 |
endanger the child's own health or morals or the health or
morals | 24 |
of others; | 25 |
(D) Any child who violates a law, other than division (C) of | 26 |
section 2907.39, division (A)
of
section 2923.211, division (A) of | 27 |
section 2923.212, division (C)(1) or (D) of section 2925.55, or | 28 |
section 2151.87
of the Revised Code, that is
applicable only to a | 29 |
child. | 30 |
Sec. 2152.02. As used in this chapter: | 31 |
(A) "Act charged" means the act that is identified in a | 32 |
complaint,
indictment, or information alleging that a child is a | 33 |
delinquent child. | 34 |
(B) "Admitted to a department of youth services facility" | 35 |
includes admission to a facility operated, or contracted for, by | 36 |
the
department and admission to a comparable facility outside
this | 37 |
state by another state or the United States. | 38 |
(C)(1) "Child" means a person who is under eighteen years of | 39 |
age,
except as otherwise provided in divisions (C)(2) to (6) of | 40 |
this
section. | 41 |
(2) Subject to division (C)(3) of this section, any person | 42 |
who
violates a federal or state law or a municipal ordinance prior | 43 |
to
attaining eighteen years of age shall be deemed a "child" | 44 |
irrespective of that person's age at the time the complaint with | 45 |
respect to that violation is filed or the hearing on the complaint | 46 |
is held. | 47 |
(3) Any person who, while under eighteen years of age, | 48 |
commits an
act that would be a felony if committed by an adult and | 49 |
who is not taken
into custody or apprehended for that act until | 50 |
after the person attains
twenty-one years of age is not a child in | 51 |
relation to that act. | 52 |
(4) Any person whose case is transferred for criminal | 53 |
prosecution
pursuant to section 2152.12 of the Revised Code shall | 54 |
be deemed
after the transfer not to be a child in the transferred | 55 |
case. | 56 |
(5) Any person whose case is transferred for criminal | 57 |
prosecution
pursuant to section 2152.12 of the Revised Code and | 58 |
who
subsequently is convicted of or pleads guilty to a felony in | 59 |
that case,
and any person who is
adjudicated a delinquent child | 60 |
for the commission of an act, who has a serious
youthful offender | 61 |
dispositional sentence imposed for the act pursuant to section | 62 |
2152.13 of the Revised Code,
and whose adult portion of the | 63 |
dispositional sentence is invoked pursuant to section 2152.14 of | 64 |
the Revised Code,
shall
be deemed after the transfer or invocation | 65 |
not to be a child in any case in
which a complaint is filed | 66 |
against the person. | 67 |
(6) The juvenile court has jurisdiction over a person who is | 68 |
adjudicated a delinquent child or juvenile traffic offender prior | 69 |
to
attaining eighteen years of age until the person attains | 70 |
twenty-one
years of age, and, for purposes of that jurisdiction | 71 |
related to
that adjudication,
except as otherwise provided in this | 72 |
division, a person who is so adjudicated a
delinquent
child or | 73 |
juvenile traffic offender shall be deemed a
"child" until
the | 74 |
person attains twenty-one years of age.
If a person is so | 75 |
adjudicated a delinquent child or juvenile traffic offender and | 76 |
the court makes a disposition of the person under this chapter, at | 77 |
any time after the person attains eighteen years of age, the | 78 |
places at which the person may be held under that disposition are | 79 |
not limited to places authorized under this chapter solely for | 80 |
confinement of children, and the person may be confined under that | 81 |
disposition, in accordance with division (F)(2) of section 2152.26 | 82 |
of the Revised Code, in places other than those authorized under | 83 |
this chapter solely for confinement of children. | 84 |
(D) "Chronic truant" means any child of compulsory school
age | 85 |
who
is absent without legitimate excuse for absence from the | 86 |
public school the
child is supposed to attend for seven or more | 87 |
consecutive school days, ten or
more school days in one school | 88 |
month, or fifteen or more school days in a
school
year. | 89 |
(E) "Community corrections facility," "public safety beds," | 90 |
"release authority," and "supervised release" have the same | 91 |
meanings as
in section 5139.01 of the Revised Code. | 92 |
(F) "Delinquent child" includes any of the following: | 93 |
(1) Any child, except a juvenile traffic offender, who | 94 |
violates
any law of this state or the United States, or any | 95 |
ordinance
of a
political subdivision of the state, that would be | 96 |
an offense if committed
by an adult; | 97 |
(2) Any child who violates any lawful order of the court
made | 98 |
under this chapter or under Chapter 2151. of the Revised
Code | 99 |
other than an order issued under section 2151.87 of the Revised | 100 |
Code; | 101 |
(3) Any child who violates division (C) of section 2907.39, | 102 |
division (A) of section 2923.211, division (A) of section | 103 |
2923.212, or division (C)(1) or (D) of
section 2925.55
of the | 104 |
Revised Code; | 105 |
(4) Any child who is a habitual truant and who previously
has | 106 |
been
adjudicated an unruly child for being a habitual truant; | 107 |
(5) Any child who is a chronic truant. | 108 |
(G) "Discretionary serious youthful
offender" means a person | 109 |
who is eligible for a discretionary SYO
and who is not transferred | 110 |
to adult court under a mandatory or
discretionary transfer. | 111 |
(H) "Discretionary SYO" means a case
in which the juvenile | 112 |
court, in the juvenile court's discretion, may
impose a
serious | 113 |
youthful offender disposition
under section 2152.13 of the Revised | 114 |
Code. | 115 |
(I) "Discretionary transfer" means that the juvenile court | 116 |
has
discretion to transfer a case for criminal prosecution under | 117 |
division
(B) of section 2152.12 of the Revised Code. | 118 |
(J) "Drug abuse offense," "felony drug abuse offense," and | 119 |
"minor
drug possession offense" have the same meanings as in | 120 |
section 2925.01 of
the Revised Code. | 121 |
(K) "Electronic monitoring" and "electronic monitoring | 122 |
device" have the same meanings as in section 2929.01 of
the | 123 |
Revised Code. | 124 |
(L) "Economic loss" means any economic detriment suffered by | 125 |
a
victim of a delinquent act or juvenile traffic offense as a | 126 |
direct and proximate result of the delinquent act or juvenile | 127 |
traffic offense and
includes any loss of income due to lost time | 128 |
at work because of
any injury caused to the victim and any | 129 |
property loss, medical
cost, or funeral expense incurred as a | 130 |
result of the delinquent
act or juvenile traffic offense. | 131 |
"Economic loss" does not include non-economic loss or any punitive | 132 |
or exemplary damages. | 133 |
(M) "Firearm" has the same meaning as in section 2923.11 of | 134 |
the
Revised Code. | 135 |
(N) "Juvenile traffic offender" means any child who violates | 136 |
any
traffic law, traffic ordinance, or traffic regulation of this | 137 |
state, the
United States, or any political subdivision of this | 138 |
state,
other than a resolution, ordinance, or regulation of a | 139 |
political subdivision
of this state the violation of which is | 140 |
required
to be handled by a parking violations bureau or a joint | 141 |
parking
violations bureau pursuant to Chapter 4521. of the Revised | 142 |
Code. | 143 |
(O) A "legitimate excuse for absence from the public school | 144 |
the
child is supposed to attend" has the same meaning as in | 145 |
section 2151.011 of the Revised Code. | 146 |
(P) "Mandatory serious
youthful offender" means a person who | 147 |
is eligible for a mandatory
SYO and who is not transferred to | 148 |
adult court
under a mandatory or discretionary transfer. | 149 |
(Q)
"Mandatory SYO" means a case in which the juvenile court | 150 |
is
required to impose a mandatory serious youthful offender | 151 |
disposition under
section 2152.13 of
the Revised Code. | 152 |
(R) "Mandatory transfer" means that a case is required to be | 153 |
transferred for criminal prosecution under division (A) of section | 154 |
2152.12 of the Revised Code. | 155 |
(S) "Mental illness" has the same meaning as in section | 156 |
5122.01
of the Revised Code. | 157 |
(T) "Mentally retarded person" has the same meaning as in | 158 |
section
5123.01 of the Revised Code. | 159 |
(U) "Monitored time" and "repeat violent offender" have the | 160 |
same
meanings as in section 2929.01 of the Revised Code. | 161 |
(V) "Of compulsory school age" has the same meaning as in | 162 |
section
3321.01 of the Revised Code. | 163 |
(W) "Public record" has the same meaning as in section
149.43 | 164 |
of
the Revised Code. | 165 |
(X) "Serious youthful
offender" means a person who is | 166 |
eligible for a mandatory SYO or
discretionary SYO but who is not | 167 |
transferred to adult court under
a mandatory or discretionary | 168 |
transfer. | 169 |
(Y) "Sexually oriented offense,"
"juvenile offender | 170 |
registrant," "child-victim
oriented offense," "tier I sex | 171 |
offender/child-victim
offender," "tier II sex | 172 |
offender/child-victim offender," "tier III
sex | 173 |
offender/child-victim offender," and "public
registry-qualified | 174 |
juvenile offender registrant" have the
same
meanings as in
section | 175 |
2950.01 of
the Revised Code. | 176 |
(Z) "Traditional juvenile" means a case that is not | 177 |
transferred to adult court under a mandatory or discretionary | 178 |
transfer,
that is
eligible for
a disposition under
sections | 179 |
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and | 180 |
that is not
eligible
for a disposition under
section 2152.13 of | 181 |
the Revised
Code. | 182 |
(AA) "Transfer" means the transfer for criminal prosecution | 183 |
of a
case involving the alleged commission by a child of an act | 184 |
that
would be an offense if committed by an adult from the | 185 |
juvenile
court to the appropriate court that has jurisdiction of | 186 |
the
offense. | 187 |
(BB) "Category one offense" means any of the following: | 188 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 189 |
Code; | 190 |
(2) A violation of section 2923.02 of the Revised Code | 191 |
involving
an attempt to commit aggravated murder or murder. | 192 |
(CC) "Category two offense" means any of the following: | 193 |
(1) A violation of section 2903.03, 2905.01, 2907.02, | 194 |
2909.02,
2911.01, or 2911.11 of the Revised Code; | 195 |
(2) A violation of section 2903.04 of the Revised Code
that | 196 |
is a
felony of the first degree; | 197 |
(3) A violation of section 2907.12 of the Revised Code
as it | 198 |
existed prior to September 3, 1996. | 199 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 200 |
a victim of a delinquent act or juvenile traffic offense as a | 201 |
result of or related to the delinquent act or juvenile traffic | 202 |
offense, including, but not limited to, pain and suffering; loss | 203 |
of society, consortium, companionship, care, assistance, | 204 |
attention, protection, advice, guidance, counsel, instruction, | 205 |
training, or education; mental anguish; and any other intangible | 206 |
loss. | 207 |
Sec. 2923.19. (A) No person, in acquiring, possessing, | 208 |
carrying, or using
any dangerous ordnance or firearm, shall | 209 |
negligently fail to take proper precautions: | 210 |
(1) To secure the dangerous ordnance or firearm against | 211 |
theft, or against its
acquisition or use by any of the following: | 212 |
(a) An unauthorized or incompetent person; | 213 |
(b) A person under eighteen years of age; | 214 |
(c) A person eighteen years of age or older and under | 215 |
twenty-one years of age. | 216 |
(2) To insure the safety of persons and property. | 217 |
(B) It is not a violation of division (A)(1)(b) of this | 218 |
section if the weapon involved is a firearm and it is acquired or | 219 |
used by a person under eighteen years of age in accordance with | 220 |
the lawful circumstances described in division (A)(3) of section | 221 |
2923.21 of the Revised Code or in accordance with division (C) of | 222 |
section 2923.212 of
the Revised Code. | 223 |
(C) It is not a violation of division (A)(1)(c) of this | 224 |
section if the weapon involved is a firearm and it is acquired or | 225 |
used by a person eighteen years of age or older and under | 226 |
twenty-one years of age in accordance with the lawful | 227 |
circumstances described in division (A)(3) of section 2923.21 of | 228 |
the Revised Code or
in accordance with division (B) of section | 229 |
2923.21, division (B)
of section 2923.211 , or division (C) or | 230 |
(D) of section 2923.212 of
the Revised Code. | 231 |
(D) Whoever violates this section is guilty of failure to | 232 |
secure dangerous
ordnance or a firearm, a misdemeanor of the | 233 |
secondfirst degree. | 234 |
Sec. 2923.212. (A) No person under eighteen years of age | 235 |
shall knowingly possess a firearm. | 236 |
(B) No person eighteen years of age or older and under | 237 |
twenty-one years of age shall knowingly possess a firearm. | 238 |
(C) Division (A) of this section does not apply to the | 239 |
possession of a firearm by a person under eighteen years of age | 240 |
and division (B) of this section does not apply to the possession | 241 |
of a firearm by a person eighteen years of age or older and under | 242 |
twenty-one years of age if the person under eighteen years of age | 243 |
or the person eighteen years of age or older and under twenty-one | 244 |
years of age, whichever is applicable, possesses the firearm under | 245 |
the supervision or control of a responsible adult who is | 246 |
twenty-one years of age or older for
lawful hunting, sporting, or | 247 |
educational purposes, including, but
not limited to, instruction | 248 |
in firearms or handgun safety, care,
handling, or marksmanship. | 249 |
(D) Division (B) of this section does not apply to a person | 250 |
eighteen years of age or older and under twenty-one years of age | 251 |
if the person is a law enforcement officer who is properly | 252 |
appointed or employed as a law enforcement officer and has | 253 |
received firearms training approved by the Ohio peace officer | 254 |
training council or equivalent firearms training. | 255 |
(E) Whoever violates division (A) of this section is guilty | 256 |
of juvenile possession of a firearm, a delinquent act that would | 257 |
be a misdemeanor of the first degree if it could be committed by | 258 |
an adult. Whoever violates division (B) of this section is guilty | 259 |
of underage possession of a firearm, a misdemeanor of the first | 260 |
degree. | 261 |
Section 2. That existing sections 2151.022, 2152.02, and | 262 |
2923.19 of the Revised Code are hereby repealed. | 263 |
Section 3. Section 2151.022 of the Revised Code is
presented | 264 |
in
this act as a composite of the section as amended by
both Am. | 265 |
Sub. H.B. 23 and Am. Sub. S.B. 53 of
the 126th General
Assembly. | 266 |
The General Assembly, applying the
principle stated in
division | 267 |
(B) of section 1.52 of the Revised
Code that amendments
are to be | 268 |
harmonized if reasonably capable of
simultaneous
operation, finds | 269 |
that the composite is the resulting
version of
the section in | 270 |
effect prior to the effective date of
the section
as presented in | 271 |
this act. | 272 |
Section 4. This act is hereby declared to be an emergency | 273 |
measure necessary for the immediate preservation of the public | 274 |
peace, health, and safety. The reason for such necessity is that | 275 |
the general prohibition against the possession of a firearm by a | 276 |
person under twenty-one years of age that is enacted in this act | 277 |
is crucially needed to provide increased protection and security | 278 |
for the state's residents in response to a rapid growth in the | 279 |
number of crimes committed by persons under that age that involve | 280 |
the use of firearms. Therefore, this act shall go into immediate | 281 |
effect. | 282 |