2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.144 | Automatic Firearm or Firearm Muffler or Suppressor Specification.

Effective:
March 23, 2015
Latest Legislation:
House Bill 234 - 130th General Assembly
(A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a)(i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense)."
(B) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a)(i) of section 2929.14 of the Revised Code is precluded if a court imposes a one-year, eighteen-month, three-year, fifty-four-month, or nine-year mandatory prison term on the offender under division (B)(1)(a)(ii), (iii), (iv), (v), or (vi) of that section relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) Imposition of a nine-year mandatory prison term upon an offender under division (B)(1)(a)(iv) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.)"
(E) Imposition of a nine-year mandatory prison term upon an offender under division (B)(1)(a)(iv) of section 2929.14 of the Revised Code is precluded if the court imposes a one-year, eighteen-month, three-year, fifty-four-month, or six-year mandatory prison term on the offender under division (B)(1)(a)(i), (ii), (iii), (v), or (vi) of that section relative to the same felony.
(F) As used in this section, "firearm" and "automatic firearm" have the same meanings as in section 2923.11 of the Revised Code.