From: lvc@cbnews.cb.att.com (Larry Cipriani)
Newsgroups: talk.politics.guns
Subject: Text of Ohio House Bill 709
Keywords: gun storage, children
Date: 12 Apr 92 03:36:11 GMT
Distribution: usa
Organization: Ideology Busters, Inc.

As Introduced

119th General Assembly
Regular Session							H. B. 709
1991 - 1992

Representative Campbell

A BILL

To enact sections 2923.211 and 2923.212 of the Revised Code to prohibit
storing or leaving a loaded firearm so that a child under 16 years of age
obtains possession of it, to require firearm dealers to post and
distributed notices of the prohibition, and to require the Department of
Education to develop a firearm safety course for schools.

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

Section 1.  That sections 2923.211 and 2923.212 of the Revised Code be
enated to read as follows:

Sec. 2923.211.  (A) No person, who knows, or reasonably should know that a
child is likely to gain access to the loaded firearm without the permission
of the parent, guardian, or custodian of the child, shall store or leave a
loaded firearm on premises under his control in a manner that results in a
child obtaining the loaded firearm without the permission of the parent,
guardian, or custodian of the child.

(B) This section does not apply to any of the following:

(1) A person who carries a loaded firearm on his body or close enough to
his body to enable him to retrieve and use it as easily and quickly as if he
carried it on his body;

(2) A person who secures a loaded firearm with a trigger lock or stores or
leaves a loaded firearm in a securely locked box or container, in a
location that a reasonable person would believe to be secure;

(3) A person whose loaded firearm is obtained by a child as a result of an
unlawful entry by any person onto the premises on which the loaded firearm
was stored or kept;

(4) An officer, agent, or employee of this state, another state, or the
United States or a law enforcement officer when a child obtains possession
of the officer's, agent's, or employee's loaded firearm during or
incidental to the performance of the officer's, agent's, or employee's
official duties.

(C) If a person is accidentally shot by another member of his family who is
a child as a result of a violation of division (A) of this section by a
member of the family of the child, no person shall be arrested for the
violation of this section until at least seven days after the violation
occurs.

(D) Whoever violates this section is guilty of negligent storage of a
loaded firearm and shall be subject to one of the following penalties:

(1) If the violation does not result in a child possessing or exhibiting
the loaded firearm in a public place, possessing or exhibiting the loaded
firearm in a careless or threatening manner, or using the firearm to cause
physical harm or death to himself or another person, the violation is a
misdemeanor of the third degree.

(2) If the violation results in a child possessing or exhibiting the loaded
firearm in a public place or possessing or exhibiting the loaded firearm in
a careless or threatening manner but does not result in that child using
the firearm to cause physical harm or death to himself or another person,
the violation is a misdemeanor of the second degree.

(3) If the violation results in a child using the firearm to cause physical
harm or death to himself or another person, the violation is a felony of
the third degree.

(E) As used in this section, "child" means any person under the age of
sixteen.

Sec. 2923.212 (A) No person who sells or transfers firearms at retail shall
fail to do either of the following:

(1) Post in a conspicuous place at each location at which firearms may be
purchased, the following warning in boldface type with letter no less than
one inch in height:

	"IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT, A FINE, OR BOTH
	IMPRISONMENT AND A FINE FOR ANY PERSON TO STORE OR LEAVE A LOADED
	FIREARM ON HIS PREMISES IN A MANNER THAT RESULTS IN A PERSON UNDER
	SIXTEEN YEARS OF AGE OBTAINING THE LOADED FIREARM."

(2) Give to each person who purchases a firearm a written copy of the
following warning in boldface type with letter no less than one-fourth inch
in height:

	"IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT, A FIRE, OR BOTH
	IMPRISONMENT AND A FINE FOR ANY PERSON TO STORE OR LEAVE A LOADED
	FIREARM ON HIS PREMISES IN A MANNER THAT RESULTS IN A PERSON UNDER
	SIXTEEN YEARS OF AGE OBTAINING THE LOADED FIREARM."

(B) Whoever violates this section is guilty of selling a firearm without a
warning about proper firearms storage, a misdemeanor of the second degree.

Section 2.  The Department of Education shall develop a proposed course of
study covering firearms safety for use in all public elementary and
secondary schools in this state.  The Department of Taxation shall
recommend to the Department of Education a plan for an increased tax on
firearms to provide funds to cover the cost of the course.  No later than
January 1, 1993, the Department of Education shall submit to both houses of
the General Assembly the proposed course of study and proposed legislation
for increasing the tax on firearms and for implementing the course in all
public elementary and secondary schools in this state.
-- 
Larry Cipriani, att!cbvox1!lvc or lvc@cbvox1.att.com
"An unarmed people are slaves, or subject to slavery
at any moment." -- Huey P. Newton.
Newsgroups: talk.politics.guns