2006 Ohio Revised Code - 2923.20. Unlawful transaction in weapons.

§ 2923.20. Unlawful transaction in weapons.
 

(A)  No person shall: 

(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance; 

(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (A) of this section; 

(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon; 

(4) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place; 

(5) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person's possession or under the person's control. 

(B)  Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth 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to former RC § 2923.20 (RS § 6875; S&S 487; 62 v 67; 71 v 34; 73 v 63; GC § 12637; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.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 combines elements of various forms of offenses involving improper dealings in weapons, and expands upon former law in some respects. 

It prohibits recklessly selling or furnishing any firearm or dangerous ordnance to a person prohibited by law from having it because he is intoxicated at the time, or because he is one of the class of persons disabled from possessing it, such as fugitives or drug dependent persons, or because he does not have the necessary permit. See, sections 2923.13, 2923.15, and 2923.17. This section also forbids possessing any firearm or dangerous ordnance with purpose to unlawfully sell or furnish it to another. 

Also, the section includes a prohibition against manufacturing, possessing for sale, or selling or furnishing brass knuckles, blackjacks, switchblades, or similar weapons except for authorized use in police work. 

When transferring dangerous ordnance to another, the section prohibits negligently failing to require the person to whom it is being transferred to exhibit the proper identification, license, or permit showing that he is authorized to acquire it, and negligently failing to take a record of the transaction and forwarding it to law enforcement authorities. 

Finally, the section requires persons to immediately report to police the loss or theft of firearms or dangerous ordnance. 

Selling or furnishing firearms to a person prohibited from having them, or possessing them with purpose to unlawfully sell or furnish them, is a felony of the fourth degree. Failing to require the transferee of dangerous ordnance to show his authorization to acquire it, or failing to report any such transaction to law enforcement authorities, or failing to report the loss or theft of firearms or dangerous ordnance, is a misdemeanor of the fourth degree.