2006 Ohio Revised Code - 2923.17. Unlawful possession of dangerous ordnance; illegally manufacturing or processing explosives.

§ 2923.17. Unlawful possession of dangerous ordnance; illegally manufacturing or processing explosives.
 

(A)  No person shall knowingly acquire, have, carry, or use any dangerous ordnance. 

(B)  No person shall manufacture or process an explosive at any location in this state unless the person first has been issued a license, certificate of registration, or permit to do so from a fire official of a political subdivision of this state or from the office of the fire marshal. 

(C)  Division (A) of this section does not apply to: 

(1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person's duties; 

(2) Importers, manufacturers, dealers, and users of explosives, having a license or user permit issued and in effect pursuant to the "Organized Crime Control Act of 1970," 84 Stat. 952, 18 U.S.C. 843, and any amendments or additions thereto or reenactments thereof, with respect to explosives and explosive devices lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law; 

(3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law; 

(4) Persons to whom surplus ordnance has been sold, loaned, or given by the secretary of the army pursuant to 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance when lawfully possessed and used for the purposes specified in such section; 

(5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder. 

(6) Carriers, warehousemen, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law; 

(7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit. 

(D)  Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree. 

(E)  Whoever violates division (B) of this section is guilty of illegally manufacturing or processing explosives, a felony of the second degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v H 728 (Eff 8-22-78); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2923.17 (RS § 6990; 73 v 154; GC § 12678; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2923.04 (GC §§ 12819-4, 12819-5; 115 v 189; Bureau of Code Revision, 10-1-53; 132 v H 43), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section contains a flat prohibition against possessing dangerous ordnance, but provides a list of specific exceptions. The exceptions include: authorized state and federal officers, agents, and employees, members of the armed forces, national guardsmen, and regular law enforcement officers, when acting within the scope of their duties; persons having a federal destructive device license or an explosives license or user permit, as allowed by the license or permit; persons whose dangerous ordnance is registered as required by federal law; carriers and warehousemen transporting or storing dangerous ordnance in the usual course of business; and holders of a license or permit issued by local law enforcement authorities under 2923.18. 

Unlawful possession of dangerous ordnance is a misdemeanor of the first degree.