2006 Ohio Revised Code - 2923.23. Immunity from prosecution.

§ 2923.23. Immunity from prosecution.
 

(A)  No person who acquires, possesses, or carries a firearm or dangerous ordnance in violation of section 2923.13 or 2923.17 of the Revised Code shall be prosecuted for such violation, if he reports his possession of firearms or dangerous ordnance to any law enforcement authority, describes the firearms of [or] dangerous ordnance in his possession and where they may be found, and voluntarily surrenders the firearms or dangerous ordnance to the law enforcement authority. A surrender is not voluntary if it occurs when the person is taken into custody or during a pursuit or attempt to take the person into custody under circumstances indicating that the surrender is made under threat of force. 

(B)  No person in violation of section 2923.13 of the Revised Code solely by reason of his being under indictment shall be prosecuted for such violation if, within ten days after service of the indictment, he voluntarily surrenders the firearms and dangerous ordnance in his possession to any law enforcement authority pursuant to division (A) of this section, for safekeeping pending disposition of the indictment or of an application for relief under section 2923.14 of the Revised Code. 

(C)  Evidence obtained from or by reason of an application or proceeding under section 2923.14 of the Revised Code for relief from disability, shall not be used in a prosecution of the applicant for any violation of section 2923.13 of the Revised Code. 

(D)  Evidence obtained from or by reason of an application under section 2923.18 of the Revised Code for a permit to possess dangerous ordnance, shall not be used in a prosecution of the applicant for any violation of section 2923.13 or 2923.17 of the Revised Code. 
 

HISTORY: 134 v H 511. Eff 1-1-74.
 

Not analogous to former RC § 2923.23 (GC § 12642, repealed in 113 v 685; 115 v 70; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

The first part of this section is taken from former law, and grants immunity from prosecution for unlawful possession of a firearm or dangerous ordnance, when the person unlawfully having the firearm or dangerous ordnance reports his possession of the same to law enforcement authorities, describes it and where it may be found, and voluntarily surrenders it. If a person surrenders a weapon when he is being pursued or taken into custody, the surrender is not considered voluntary if it is in circumstances showing it is made under threat of force. The second part of this section allows a person indicted for a felony of violence 10 days' grace in which to surrender for safekeeping firearms or dangerous ordnance in his possession, before he can be prosecuted for their unlawful possession. 

The reason for these provisions is partly to comply with U.S. Supreme Court rulings on the interplay between weapons regulations and the constitutional guarantee against compulsory self-incrimination. Another reason is to encourage persons who should not have weapons to give them up. 

The second two parts of the section restrict the use of information disclosing a violation, obtained when a person applies for relief from disability under 2923.14, or for a license or temporary permit to have dangerous ordnance under 2923.18. These provisions are intended to comply with U.S. Supreme Court rulings which prohibit prosecuting a person for illegal possession of weapons based on evidence obtained when he applies for a permit or registration. See, Haynes v. United States, 290 U.S. 85, 88 S. Ct. 722, 19 L. Ed. 2d 923 (1968).