Ohio Bill Would Prohibit Firearm Seizure…

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Ohio Bill Would Prohibit Firearm Seizure…

Posted by Scott Landreth

The Buckeye State has joined the ever growing list of states that are willing to stand up to unconstitutional federal infringements on the 2nd Amendment. Ohio Senator Kris Jordan has introduced a bill that would prohibit firearms seizures, registration and bans in Ohio.

SB 36 was introduced on Tuesday, February 12, 2013 with Senator Tim Schaffer listed as a Cosponsor. In addition to prohibiting the seizure of any firearm from any person who is lawfully in possession or control of a firearm, the bill also prohibits forced gun registration and includes first degree felony charges to any law enforcement officer (state or federal) or international agent who attempts to enforce a firearm registration or firearm ban.

“These law abiding Ohioans are not the ones to be scared of, rather it is the politicians who say it is their goal to disarm “Mr. and Mrs. America” that we should fear”, said Senator Jordan in reference to remarks made by US Senator Diane Feinstein in a 1995 interview on 60 Minutes.

SB 36 is expected to receive strong support in the Republican controlled Ohio General Assembly and eventually make its way to the desk of Republican Governor John Kasich. A signature would certainly be expected at this point given Governor Kasich’s recent comments regarding the 2nd Amendment:

“I’m a Second Amendment supporter and that’s not going to change. There are a range of issues at play here involving mental health, school security and a culture that at times fails to reject the glorification of violence that can desensitize us to the sanctity and majesty of life. Going forward, we need to pay close attention to what the experts conclude from this incident in order to see if there are lessons to be learned and applied here in Ohio”.

The Ohio Tenth Amendment Center is urging all Ohioans to contact their state Representative and Senator as well as Governor Kasich to encourage them to support legislation that protects and preserves the 2nd Amendment. In addition, we encourage you to contact Senator Jordan to thank him for standing up for the 2nd Amendment.

 

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5502.23 and 5502.231 of the Revised Code be enacted to read as follows:

Sec. 5502.23. (A) Except as provided in division (B) of this section, no agency, or employee or agent of an agency, shall seize or authorize the seizure of any firearm from any person who is lawfully in possession or control of a firearm.

(B)(1) A law enforcement officer who is acting in the lawful discharge of the officer's duties may seize a firearm in the possession, or under the control, of any person if the law enforcement officer reasonably believes the immediate seizure of the firearm is necessary for the safety of the law enforcement officer or another individual. The law enforcement officer shall return the firearm to the person from whom it was seized if the person is not arrested, the firearm is not seized under division (B)(2) of this section, and the reason for the seizure of the firearm no longer exists.

(2) A law enforcement officer who is acting in the lawful discharge of the officer's duties may seize a firearm when the seizure is necessary to preserve the firearm as evidence, or for the investigation, of a criminal offense.

(C) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.

Sec. 5502.231. (A) No law enforcement officer, federal law enforcement officer, international agent, or other person shall enforce or attempt to enforce a firearm registration requirement or firearm ban in any statute or rule of this state or the United States or any ordinance, resolution, or rule of a political subdivision, unless the registration requirement or ban is in effect prior to the effective date of this section.

(B) No political subdivision shall enact or adopt any ordinance, resolution, or rule that requires a person to register a firearm or establishes a firearm registry.

(C) Whoever violates division (A) of this section is guilty of unlawful enforcement of a firearm registration requirement or firearm ban, a felony of the first degree.

(D) As used in this section:

(1) "Federal law enforcement officer" has the same meaning as in section 2921.51 of the Revised Code.

(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(3) "Firearm ban" means any ban or prohibition on a person's possession of a firearm that is not based on the status or condition of the person or limited to the possession of a firearm in a school safety zone, courthouse, or other designated location.

(4) "Political subdivision" has the same meaning as in section 2921.421 of the Revised Code.