CHAPTER 549 Weapons and Explosives

Imported chapter material associated with 549.

CHAPTER 549 Weapons and Explosives — Chapter Overview

CHAPTER 549 Weapons and Explosives

Document typechapter
Identifier549
CitationChapter 549
Ordinances detectedS, 116-84, NANCE
Original sourceAmerican Legal Publishing
Content hash46815387e9a12e6c67cfa1a787b4b400012dc0a76e2946757a321a5759d52900

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
CHAPTER 549 Weapons and Explosives
CHAPTER 549 Weapons and Explosives
CHAPTER 549
Weapons and Explosives
549.01   Definitions.
549.02   Carrying concealed weapons.
549.03   Using weapons while intoxicated.
549.04   Improperly handling firearms in a motor vehicle.
549.05   Failure to secure dangerous ordnance.
549.06   Unlawful transactions in weapons.
549.07   Improperly furnishing firearms to a minor.
549.071   Prohibiting access to firearms by children.
549.08   Fireworks sale or discharge.
549.09   Fireworks display permits.
549.10   Discharging firearms and airguns.
549.11   Throwing or shooting missiles.
549.12   Sale and possession of firearms and explosives.
549.13   Sale, possession and use of stun guns.
549.14   Possessing replica firearm in school.
549.15   Defacing identification marks of a firearm; possessing a defaced firearm.
549.16      Concealed handgun licenses; possession of revoked or suspended license; additional restrictions; posting signs prohibiting possession.
549.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
License or permit to possess dangerous ordnance - see Ohio R.C. 2923.18
Hunting prohibited - see GEN. OFF. 505.11
Reporting gunshot and stab wounds - see GEN. OFF. 525.05(b)
Property destruction by tear gas device, etc. - see GEN. OFF. 541.04
Permit to sell fireworks at wholesale - see Ohio R.C. 3743.321
 
 
549.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Deadly weapon" means any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.
   (b)   (1)   "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
      (2)   When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
   (c)   "Handgun" means any of the following:
      (1)   Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
      (2)   Any combination of parts from which a firearm of a type described in subsection (c)(1) of this section can be assembled.
   (d)   "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
   (e)   "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.
   (f)   "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. “Sawed-off firearm” does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).
   (g)   "Zip-gun" means any of the following:
      (1)   Any firearm of crude and extemporized manufacture;
      (2)   Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;
      (3)   Any industrial tool, signalling device or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried or used as a firearm.
   (h)   "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
   (i)   "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
   (j)   "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
   (k)   "Dangerous ordnance" means any of the following, except as provided in subsection (l) hereof:
      (1)   Any automatic or sawed-off firearm, zip-gun or ballistic knife;
      (2)   Any explosive device or incendiary device;
      (3)   Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating or demolitions;
      (4)   Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
      (5)   Any firearm muffler or suppressor;
      (6)   Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
   (l)   "Dangerous ordnance" does not include any of the following:
      (1)   Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
      (2)   Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon unless the firearm is an automatic or sawed-off firearm;
      (3)   Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
      (4)   Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in subsection (l)(3) hereof during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
      (5)   Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio or museum piece.
      (6)   Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C.921(a)(4), as amended, and regulations issued under that Act.
      (7)   Any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).   
   (m)   “Explosive” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosive” does not include “fireworks”, as defined in Ohio R.C. 3743.01, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored or used in any activity described in Ohio R.C. 3743.80, provided the activity is conducted in accordance with all applicable laws, rules and regulations, including, but not limited to, the provisions of Ohio R.C. 3743.80, and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.
   (n)   (1)   “Concealed handgun license” or “license to carry a concealed handgun” means, subject to subsection (n)(2) of this section, a license or temporary emergency license to carry a concealed handgun issued under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
      (2)   A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.125 or a license to carry a concealed handgun issued under Ohio R.C. 2923.125 means only a license of the type that is specified in that section. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.1213, a licence to carry a concealed handgun issued under Ohio R.C. 2923.1213, or a license to carry a concealed handgun on a temporary emergency basis means only a license of the type that is specified in Ohio R.C. 2923.1213. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued by another state or a license to carry a concealed handgun issued by another state means only a license issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
   (o)   “Valid concealed handgun license” or “valid license to carry a concealed handgun” means a concealed handgun license that is currently valid, that is not under a suspension under division (A)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213, or under a suspension provision of the state other than this State in which the license was issued, and that has not been revoked under division (B)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213 or under a revocation provision of the state other than this State in which the license was issued.
   (p)   “Misdemeanor punishable by imprisonment for a term exceeding one year” does not include any of the following:
      (1)   Any federal or state offense pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices;
      (2)   Any misdemeanor offense punishable by a term of imprisonment of two years or less.
   (q)   “Alien registration number” means the number issued by the United States Citizenship and Immigration Services Agency that is located on the alien’s permanent resident card and may also be commonly referred to as the “USCIS number” or the “alien number”.
   (r)   “Active duty” has the same meaning as defined in 10 U.S.C. 101.
      (ORC 2923.11)

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549.03 USING WEAPONS WHILE INTOXICATED.

549.03 USING WEAPONS WHILE INTOXICATED.

Document typesection
Identifier549.03
Citation§ 549.03
Ordinances detectedS, 116-84, NANCE, ER, INANCE, ERS, 51-95
Dates detectedJune 13, 2022, September 30, 2011
Original sourceAmerican Legal Publishing
Content hash6c3c8f52681793bb3fabed8d019a0b3e4aaecdd99c5fff3ab10062acc8156519

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.03 USING WEAPONS WHILE INTOXICATED.
CHAPTER 549 Weapons and Explosives
549.02 CARRYING CONCEALED WEAPONS.
   (a)   No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
      (1)   A deadly weapon other than a handgun;
      (2)   A handgun other than a dangerous ordnance;
      (3)   A dangerous ordnance.
   (b)   No person who has been issued a concealed handgun license, shall do any of the following:
      (1)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this section if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (3)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. hereof does not apply to the person.
         C.   A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;
         D.   A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in the actor’s own home for any lawful purpose.
      (2)   Subsection (a)(2) of this section does not apply to any person who has been issued a concealed handgun license that is valid at the time of the alleged carrying or possession of a handgun or who, at the time of the alleged carrying or possession of a handgun, is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), unless the person knowingly is in a place described in Ohio R.C. 2923.126(B).
   
   (d)   It is an affirmative defense to a charge under subsection (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
      (1)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
      (2)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.
      (3)   The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.
   (e)   (1)   No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b)(1) of this section as it existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   (1)   Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law. Except as otherwise provided in subsections (f)(2), (5) and (6) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303, of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.
      (2)   A person shall not be arrested for a violation of subsection (a)(2) of this section solely because the person does not promptly produce a valid concealed handgun license. If a person is arrested for a violation of subsection (a)(2) of this section and is convicted of or pleads guilty to the violation, the offender shall be punished as follows:
         A.   The offender shall be guilty of a minor misdemeanor if both of the following apply:
            1.   Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
            2.   At the time of the arrest, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         B.   The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:
            1.   The offender previously had been issued a concealed handgun license and that license expired within the two years immediately preceding the arrest.
            2.   Within forty-five days after the arrest, the offender presents any type of concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.
            3.   At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         C.   If subsections (f)(2)A. and B. and (f)(5) of this section do not apply, the offender shall be punished under subsection (f)(1) or (6) of this section.
      (3)   Carrying concealed weapons in violation of subsection (b)(1) of this section is a misdemeanor of the second degree.
      (4)   Carrying concealed weapons in violation of subsection (b)(2) or (b)(3) hereof is a misdemeanor of the first degree. If the offender has previously been convicted or pleaded guilty to a violation of subsection (b)(2) or (b)(3) hereof or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a violation of subsection (b)(2) or (b)(3) hereof, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
      (5)   If a person being arrested for a violation of subsection (a)(2) of this section is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, and if at the time of the violation the person was not knowingly in a place described in division (B) of Ohio R.C. 2923.126, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125 and if the person is not in a place described in division (B) of Ohio R.C. 2923.126, the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00). The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:
         A.   Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.
         B.   At the time of the citation, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (6)   If a person being arrested for a violation of subsection (a)(2) of this section is knowingly in a place described in division (B)(5) of Ohio R.C. 2923.126, and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:
         A.   Except as otherwise provided in this subsection, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a minor misdemeanor;
         B.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the fourth degree;
         C.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to two violations of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the third degree;
         D.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to three or more violations of subsection (a)(2) of this section, or convicted of or pleaded guilty to any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty of a misdemeanor of the second degree.
   (g)   If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
(ORC 2923.12)
549.03 USING WEAPONS WHILE INTOXICATED.
   (a)   No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
   (b)   Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. (ORC 2923.15)
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)

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549.01 DEFINITIONS.

549.01 DEFINITIONS.

Document typesection
Identifier549.01
Citation§ 549.01
Ordinances detectedS, 116-84, NANCE, ER, INANCE, ERS
Dates detectedJune 13, 2022
Original sourceAmerican Legal Publishing
Content hashc9b4c134d1548f3f3322fc56ce9c2677adc7625dac96a90b7b5398a37353a806

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.01 DEFINITIONS.
CHAPTER 549 Weapons and Explosives
CHAPTER 549
Weapons and Explosives
549.01   Definitions.
549.02   Carrying concealed weapons.
549.03   Using weapons while intoxicated.
549.04   Improperly handling firearms in a motor vehicle.
549.05   Failure to secure dangerous ordnance.
549.06   Unlawful transactions in weapons.
549.07   Improperly furnishing firearms to a minor.
549.071   Prohibiting access to firearms by children.
549.08   Fireworks sale or discharge.
549.09   Fireworks display permits.
549.10   Discharging firearms and airguns.
549.11   Throwing or shooting missiles.
549.12   Sale and possession of firearms and explosives.
549.13   Sale, possession and use of stun guns.
549.14   Possessing replica firearm in school.
549.15   Defacing identification marks of a firearm; possessing a defaced firearm.
549.16      Concealed handgun licenses; possession of revoked or suspended license; additional restrictions; posting signs prohibiting possession.
549.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
License or permit to possess dangerous ordnance - see Ohio R.C. 2923.18
Hunting prohibited - see GEN. OFF. 505.11
Reporting gunshot and stab wounds - see GEN. OFF. 525.05(b)
Property destruction by tear gas device, etc. - see GEN. OFF. 541.04
Permit to sell fireworks at wholesale - see Ohio R.C. 3743.321
 
 
549.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Deadly weapon" means any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.
   (b)   (1)   "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
      (2)   When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
   (c)   "Handgun" means any of the following:
      (1)   Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
      (2)   Any combination of parts from which a firearm of a type described in subsection (c)(1) of this section can be assembled.
   (d)   "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
   (e)   "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.
   (f)   "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. “Sawed-off firearm” does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).
   (g)   "Zip-gun" means any of the following:
      (1)   Any firearm of crude and extemporized manufacture;
      (2)   Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;
      (3)   Any industrial tool, signalling device or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried or used as a firearm.
   (h)   "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
   (i)   "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
   (j)   "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
   (k)   "Dangerous ordnance" means any of the following, except as provided in subsection (l) hereof:
      (1)   Any automatic or sawed-off firearm, zip-gun or ballistic knife;
      (2)   Any explosive device or incendiary device;
      (3)   Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating or demolitions;
      (4)   Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
      (5)   Any firearm muffler or suppressor;
      (6)   Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
   (l)   "Dangerous ordnance" does not include any of the following:
      (1)   Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
      (2)   Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon unless the firearm is an automatic or sawed-off firearm;
      (3)   Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
      (4)   Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in subsection (l)(3) hereof during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
      (5)   Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio or museum piece.
      (6)   Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C.921(a)(4), as amended, and regulations issued under that Act.
      (7)   Any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).   
   (m)   “Explosive” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosive” does not include “fireworks”, as defined in Ohio R.C. 3743.01, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored or used in any activity described in Ohio R.C. 3743.80, provided the activity is conducted in accordance with all applicable laws, rules and regulations, including, but not limited to, the provisions of Ohio R.C. 3743.80, and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.
   (n)   (1)   “Concealed handgun license” or “license to carry a concealed handgun” means, subject to subsection (n)(2) of this section, a license or temporary emergency license to carry a concealed handgun issued under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
      (2)   A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.125 or a license to carry a concealed handgun issued under Ohio R.C. 2923.125 means only a license of the type that is specified in that section. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.1213, a licence to carry a concealed handgun issued under Ohio R.C. 2923.1213, or a license to carry a concealed handgun on a temporary emergency basis means only a license of the type that is specified in Ohio R.C. 2923.1213. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued by another state or a license to carry a concealed handgun issued by another state means only a license issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
   (o)   “Valid concealed handgun license” or “valid license to carry a concealed handgun” means a concealed handgun license that is currently valid, that is not under a suspension under division (A)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213, or under a suspension provision of the state other than this State in which the license was issued, and that has not been revoked under division (B)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213 or under a revocation provision of the state other than this State in which the license was issued.
   (p)   “Misdemeanor punishable by imprisonment for a term exceeding one year” does not include any of the following:
      (1)   Any federal or state offense pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices;
      (2)   Any misdemeanor offense punishable by a term of imprisonment of two years or less.
   (q)   “Alien registration number” means the number issued by the United States Citizenship and Immigration Services Agency that is located on the alien’s permanent resident card and may also be commonly referred to as the “USCIS number” or the “alien number”.
   (r)   “Active duty” has the same meaning as defined in 10 U.S.C. 101.
      (ORC 2923.11)
549.02 CARRYING CONCEALED WEAPONS.
   (a)   No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
      (1)   A deadly weapon other than a handgun;
      (2)   A handgun other than a dangerous ordnance;
      (3)   A dangerous ordnance.
   (b)   No person who has been issued a concealed handgun license, shall do any of the following:
      (1)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this section if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (3)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. hereof does not apply to the person.
         C.   A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;
         D.   A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in the actor’s own home for any lawful purpose.
      (2)   Subsection (a)(2) of this section does not apply to any person who has been issued a concealed handgun license that is valid at the time of the alleged carrying or possession of a handgun or who, at the time of the alleged carrying or possession of a handgun, is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), unless the person knowingly is in a place described in Ohio R.C. 2923.126(B).
   
   (d)   It is an affirmative defense to a charge under subsection (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
      (1)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
      (2)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.
      (3)   The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.
   (e)   (1)   No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b)(1) of this section as it existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   (1)   Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law. Except as otherwise provided in subsections (f)(2), (5) and (6) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303, of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.
      (2)   A person shall not be arrested for a violation of subsection (a)(2) of this section solely because the person does not promptly produce a valid concealed handgun license. If a person is arrested for a violation of subsection (a)(2) of this section and is convicted of or pleads guilty to the violation, the offender shall be punished as follows:
         A.   The offender shall be guilty of a minor misdemeanor if both of the following apply:
            1.   Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
            2.   At the time of the arrest, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         B.   The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:
            1.   The offender previously had been issued a concealed handgun license and that license expired within the two years immediately preceding the arrest.
            2.   Within forty-five days after the arrest, the offender presents any type of concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.
            3.   At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         C.   If subsections (f)(2)A. and B. and (f)(5) of this section do not apply, the offender shall be punished under subsection (f)(1) or (6) of this section.
      (3)   Carrying concealed weapons in violation of subsection (b)(1) of this section is a misdemeanor of the second degree.
      (4)   Carrying concealed weapons in violation of subsection (b)(2) or (b)(3) hereof is a misdemeanor of the first degree. If the offender has previously been convicted or pleaded guilty to a violation of subsection (b)(2) or (b)(3) hereof or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a violation of subsection (b)(2) or (b)(3) hereof, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
      (5)   If a person being arrested for a violation of subsection (a)(2) of this section is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, and if at the time of the violation the person was not knowingly in a place described in division (B) of Ohio R.C. 2923.126, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125 and if the person is not in a place described in division (B) of Ohio R.C. 2923.126, the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00). The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:
         A.   Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.
         B.   At the time of the citation, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (6)   If a person being arrested for a violation of subsection (a)(2) of this section is knowingly in a place described in division (B)(5) of Ohio R.C. 2923.126, and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:
         A.   Except as otherwise provided in this subsection, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a minor misdemeanor;
         B.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the fourth degree;
         C.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to two violations of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the third degree;
         D.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to three or more violations of subsection (a)(2) of this section, or convicted of or pleaded guilty to any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty of a misdemeanor of the second degree.
   (g)   If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
(ORC 2923.12)

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549.02 CARRYING CONCEALED WEAPONS.

549.02 CARRYING CONCEALED WEAPONS.

Document typesection
Identifier549.02
Citation§ 549.02
Ordinances detectedS, 116-84, NANCE, ER, INANCE, ERS, 51-95, 52-95
Dates detectedJune 13, 2022, September 30, 2011
Original sourceAmerican Legal Publishing
Content hashf38f123989baff381b6993208ff8887c3de378c079ea842e710059c8a500408c

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.02 CARRYING CONCEALED WEAPONS.
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Deadly weapon" means any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.
   (b)   (1)   "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
      (2)   When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
   (c)   "Handgun" means any of the following:
      (1)   Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
      (2)   Any combination of parts from which a firearm of a type described in subsection (c)(1) of this section can be assembled.
   (d)   "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
   (e)   "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.
   (f)   "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. “Sawed-off firearm” does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).
   (g)   "Zip-gun" means any of the following:
      (1)   Any firearm of crude and extemporized manufacture;
      (2)   Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;
      (3)   Any industrial tool, signalling device or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried or used as a firearm.
   (h)   "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
   (i)   "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
   (j)   "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
   (k)   "Dangerous ordnance" means any of the following, except as provided in subsection (l) hereof:
      (1)   Any automatic or sawed-off firearm, zip-gun or ballistic knife;
      (2)   Any explosive device or incendiary device;
      (3)   Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating or demolitions;
      (4)   Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
      (5)   Any firearm muffler or suppressor;
      (6)   Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
   (l)   "Dangerous ordnance" does not include any of the following:
      (1)   Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
      (2)   Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon unless the firearm is an automatic or sawed-off firearm;
      (3)   Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
      (4)   Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in subsection (l)(3) hereof during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
      (5)   Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio or museum piece.
      (6)   Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C.921(a)(4), as amended, and regulations issued under that Act.
      (7)   Any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968", 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the Bureau not to be regulated under the “National Firearms Act”, 68A Stat. 725 (1934), 26 U.S.C. 5845(a).   
   (m)   “Explosive” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosive” does not include “fireworks”, as defined in Ohio R.C. 3743.01, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored or used in any activity described in Ohio R.C. 3743.80, provided the activity is conducted in accordance with all applicable laws, rules and regulations, including, but not limited to, the provisions of Ohio R.C. 3743.80, and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.
   (n)   (1)   “Concealed handgun license” or “license to carry a concealed handgun” means, subject to subsection (n)(2) of this section, a license or temporary emergency license to carry a concealed handgun issued under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
      (2)   A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.125 or a license to carry a concealed handgun issued under Ohio R.C. 2923.125 means only a license of the type that is specified in that section. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued under Ohio R.C. 2923.1213, a licence to carry a concealed handgun issued under Ohio R.C. 2923.1213, or a license to carry a concealed handgun on a temporary emergency basis means only a license of the type that is specified in Ohio R.C. 2923.1213. A reference in any provision of the Ohio Revised Code to a concealed handgun license issued by another state or a license to carry a concealed handgun issued by another state means only a license issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.
   (o)   “Valid concealed handgun license” or “valid license to carry a concealed handgun” means a concealed handgun license that is currently valid, that is not under a suspension under division (A)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213, or under a suspension provision of the state other than this State in which the license was issued, and that has not been revoked under division (B)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213 or under a revocation provision of the state other than this State in which the license was issued.
   (p)   “Misdemeanor punishable by imprisonment for a term exceeding one year” does not include any of the following:
      (1)   Any federal or state offense pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices;
      (2)   Any misdemeanor offense punishable by a term of imprisonment of two years or less.
   (q)   “Alien registration number” means the number issued by the United States Citizenship and Immigration Services Agency that is located on the alien’s permanent resident card and may also be commonly referred to as the “USCIS number” or the “alien number”.
   (r)   “Active duty” has the same meaning as defined in 10 U.S.C. 101.
      (ORC 2923.11)
549.02 CARRYING CONCEALED WEAPONS.
   (a)   No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
      (1)   A deadly weapon other than a handgun;
      (2)   A handgun other than a dangerous ordnance;
      (3)   A dangerous ordnance.
   (b)   No person who has been issued a concealed handgun license, shall do any of the following:
      (1)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this section if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (3)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. hereof does not apply to the person.
         C.   A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;
         D.   A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in the actor’s own home for any lawful purpose.
      (2)   Subsection (a)(2) of this section does not apply to any person who has been issued a concealed handgun license that is valid at the time of the alleged carrying or possession of a handgun or who, at the time of the alleged carrying or possession of a handgun, is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), unless the person knowingly is in a place described in Ohio R.C. 2923.126(B).
   
   (d)   It is an affirmative defense to a charge under subsection (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
      (1)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
      (2)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.
      (3)   The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.
   (e)   (1)   No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b)(1) of this section as it existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   (1)   Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law. Except as otherwise provided in subsections (f)(2), (5) and (6) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303, of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.
      (2)   A person shall not be arrested for a violation of subsection (a)(2) of this section solely because the person does not promptly produce a valid concealed handgun license. If a person is arrested for a violation of subsection (a)(2) of this section and is convicted of or pleads guilty to the violation, the offender shall be punished as follows:
         A.   The offender shall be guilty of a minor misdemeanor if both of the following apply:
            1.   Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
            2.   At the time of the arrest, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         B.   The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:
            1.   The offender previously had been issued a concealed handgun license and that license expired within the two years immediately preceding the arrest.
            2.   Within forty-five days after the arrest, the offender presents any type of concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.
            3.   At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         C.   If subsections (f)(2)A. and B. and (f)(5) of this section do not apply, the offender shall be punished under subsection (f)(1) or (6) of this section.
      (3)   Carrying concealed weapons in violation of subsection (b)(1) of this section is a misdemeanor of the second degree.
      (4)   Carrying concealed weapons in violation of subsection (b)(2) or (b)(3) hereof is a misdemeanor of the first degree. If the offender has previously been convicted or pleaded guilty to a violation of subsection (b)(2) or (b)(3) hereof or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a violation of subsection (b)(2) or (b)(3) hereof, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
      (5)   If a person being arrested for a violation of subsection (a)(2) of this section is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, and if at the time of the violation the person was not knowingly in a place described in division (B) of Ohio R.C. 2923.126, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125 and if the person is not in a place described in division (B) of Ohio R.C. 2923.126, the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00). The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:
         A.   Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.
         B.   At the time of the citation, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (6)   If a person being arrested for a violation of subsection (a)(2) of this section is knowingly in a place described in division (B)(5) of Ohio R.C. 2923.126, and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:
         A.   Except as otherwise provided in this subsection, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a minor misdemeanor;
         B.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the fourth degree;
         C.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to two violations of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the third degree;
         D.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to three or more violations of subsection (a)(2) of this section, or convicted of or pleaded guilty to any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty of a misdemeanor of the second degree.
   (g)   If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
(ORC 2923.12)
549.03 USING WEAPONS WHILE INTOXICATED.
   (a)   No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
   (b)   Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. (ORC 2923.15)
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)

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549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.

549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.

Document typesection
Identifier549.04
Citation§ 549.04
Ordinances detectedS, 116-84, NANCE, ER, INANCE, ERS, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedJune 13, 2022, September 30, 2011, May 30, 1986
Original sourceAmerican Legal Publishing
Content hash8ad33fcaa5130c04254288a0fe69e8ee4c5cd813f21270917f6acd53938abea4

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
CHAPTER 549 Weapons and Explosives
549.02 CARRYING CONCEALED WEAPONS.
   (a)   No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
      (1)   A deadly weapon other than a handgun;
      (2)   A handgun other than a dangerous ordnance;
      (3)   A dangerous ordnance.
   (b)   No person who has been issued a concealed handgun license, shall do any of the following:
      (1)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this section if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
      (2)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
      (3)   If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. hereof does not apply to the person.
         C.   A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;
         D.   A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in the actor’s own home for any lawful purpose.
      (2)   Subsection (a)(2) of this section does not apply to any person who has been issued a concealed handgun license that is valid at the time of the alleged carrying or possession of a handgun or who, at the time of the alleged carrying or possession of a handgun, is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1), unless the person knowingly is in a place described in Ohio R.C. 2923.126(B).
   
   (d)   It is an affirmative defense to a charge under subsection (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
      (1)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
      (2)   The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.
      (3)   The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.
   (e)   (1)   No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b)(1) of this section as it existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   (1)   Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law. Except as otherwise provided in subsections (f)(2), (5) and (6) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303, of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.
      (2)   A person shall not be arrested for a violation of subsection (a)(2) of this section solely because the person does not promptly produce a valid concealed handgun license. If a person is arrested for a violation of subsection (a)(2) of this section and is convicted of or pleads guilty to the violation, the offender shall be punished as follows:
         A.   The offender shall be guilty of a minor misdemeanor if both of the following apply:
            1.   Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
            2.   At the time of the arrest, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         B.   The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:
            1.   The offender previously had been issued a concealed handgun license and that license expired within the two years immediately preceding the arrest.
            2.   Within forty-five days after the arrest, the offender presents any type of concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.
            3.   At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
         C.   If subsections (f)(2)A. and B. and (f)(5) of this section do not apply, the offender shall be punished under subsection (f)(1) or (6) of this section.
      (3)   Carrying concealed weapons in violation of subsection (b)(1) of this section is a misdemeanor of the second degree.
      (4)   Carrying concealed weapons in violation of subsection (b)(2) or (b)(3) hereof is a misdemeanor of the first degree. If the offender has previously been convicted or pleaded guilty to a violation of subsection (b)(2) or (b)(3) hereof or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a violation of subsection (b)(2) or (b)(3) hereof, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
      (5)   If a person being arrested for a violation of subsection (a)(2) of this section is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, and if at the time of the violation the person was not knowingly in a place described in division (B) of Ohio R.C. 2923.126, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125 and if the person is not in a place described in division (B) of Ohio R.C. 2923.126, the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00). The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:
         A.   Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.
         B.   At the time of the citation, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (6)   If a person being arrested for a violation of subsection (a)(2) of this section is knowingly in a place described in division (B)(5) of Ohio R.C. 2923.126, and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:
         A.   Except as otherwise provided in this subsection, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a minor misdemeanor;
         B.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the fourth degree;
         C.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to two violations of subsection (a)(2) of this section, the person is guilty of a misdemeanor of the third degree;
         D.   Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to three or more violations of subsection (a)(2) of this section, or convicted of or pleaded guilty to any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty of a misdemeanor of the second degree.
   (g)   If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
(ORC 2923.12)
549.03 USING WEAPONS WHILE INTOXICATED.
   (a)   No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
   (b)   Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. (ORC 2923.15)
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.

549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.

Document typesection
Identifier549.05
Citation§ 549.05
Ordinances detectedS, 116-84, NANCE, ER, ERS, 51-95, 52-95, 103-93, 100-70, 12-09
Dates detectedSeptember 30, 2011, June 13, 2022, May 30, 1986
Original sourceAmerican Legal Publishing
Content hash854d0d51360ce8153ab83d89fb1ef548f8b0ee3d1119c526d8ba28cbf9d51d14

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
CHAPTER 549 Weapons and Explosives
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.

549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.

Document typesection
Identifier549.06
Citation§ 549.06
Ordinances detectedS, 116-84, NANCE, ER, ERS, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedSeptember 30, 2011, June 13, 2022, May 30, 1986
Original sourceAmerican Legal Publishing
Content hash8ba31f770bad8dcd6e90a58d2b35af5e79af5add03fa7738ea3f00db1c15490c

Skip to main content
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Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
CHAPTER 549 Weapons and Explosives
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

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549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.

549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.

Document typesection
Identifier549.07
Citation§ 549.07
Ordinances detectedS, 116-84, NANCE, ER, ERS, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedSeptember 30, 2011, June 13, 2022, May 30, 1986
Original sourceAmerican Legal Publishing
Content hash7729d40b319923cae32d40a912a5a515f4fd5137870703e1137750a808a3e115

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
CHAPTER 549 Weapons and Explosives
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

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549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.

549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.

Document typesection
Identifier549.071
Citation§ 549.071
Ordinances detectedS, 116-84, NANCE, ER, ERS, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedSeptember 30, 2011, June 13, 2022, May 30, 1986
Original sourceAmerican Legal Publishing
Content hashf2dc31366dbbfb3d8605a1f8f8eeaeee8a76112ed11399e3ed90efaed4f11121

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
CHAPTER 549 Weapons and Explosives
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
   (a)   No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
      (1)   In a closed package, box or case;
      (2)   In a compartment which can be reached only by leaving the vehicle;
      (3)   In plain sight and secured in a rack or holder made for the purpose;
      (4)   If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
   (b)   No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of Ohio R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Ohio R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
      (1)   Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;
(2)   Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop;
      (3)   Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.
      (4)   Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.
   (c)   (1)   This section does not apply to any of the following:
         A.   An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;
         B.   Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. does not apply to the person.
      (2)   Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
         A.   The person transporting or possessing the handgun has been issued a concealed handgun license that is valid at the time in question or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person transporting or possessing the handgun is not knowingly in a place described in division (B) of Ohio R.C. 2923.126.
      (3)   Subsection (a) of this section does not apply to a person if all of the following apply:
         A.   The person possesses a valid all-purpose vehicle permit issued under Ohio R.C. 1533.103 by the Chief of the Division of Wildlife.
         B.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.
         C.   The person is on or in an all-purpose vehicle as defined in Ohio R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.
   (d)   (1)   The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under subsection (a) that involves a firearm other than a handgun.
      (2)   It is an affirmative defense to a charge under subsection (a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by subsection (a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
   (e)   (1)   No person who is charged with a violation of subsection (a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
      (2)   If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (b) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of subsection (b) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of subsection (a) of this section as the subsection existed prior to June 13, 2022, the person may file an application under Ohio R.C. 2953.35 requesting the expungement of the record of conviction.
   (f)   Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) of this section is a misdemeanor of the fourth degree. A violation of subsection (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsection (b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for a misdemeanor violation of subsection (b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).
   (g)   If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies.
   (h)   As used in this section:
      (1)   “Commercial motor vehicle” has the same meaning as in Ohio R.C. 4506.25(A).
      (2)   “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by Ohio R.C. 5503.34.
      (3)   “Motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
      (4)   A.    “Unloaded” means:
            1.   With respect to a firearm other than a firearm described in subsection (h)(4)B. of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:
               a.   There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
               b.   Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
            2.   For the purposes of subsection (h)(4)A.1.b. of this section, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:
               a.   A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
               b.   A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      
            3.   For the purposes of subsection (h)(4)A. of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
         B.   “Unloaded” means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
   (i)   Subsection (h)(4) of this section does not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, so long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
(ORC 2923.16)
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
   (a)   No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
      (1)   To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
      (2)   To insure the safety of persons and property.
   (b)   Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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549.08 FIREWORKS SALE OR DISCHARGE.

549.08 FIREWORKS SALE OR DISCHARGE.

Document typesection
Identifier549.08
Citation§ 549.08
Ordinances detectedS, 116-84, NANCE, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedMay 30, 1986
Original sourceAmerican Legal Publishing
Content hashb9b308efa61bb0ad3d7885921297acf20a25388717a0ee367ecb27d3e36e8246

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.08 FIREWORKS SALE OR DISCHARGE.
CHAPTER 549 Weapons and Explosives
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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549.09 FIREWORKS DISPLAY PERMITS.

549.09 FIREWORKS DISPLAY PERMITS.

Document typesection
Identifier549.09
Citation§ 549.09
Ordinances detectedS, 116-84, NANCE, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedMay 30, 1986
Original sourceAmerican Legal Publishing
Content hash232adeb5980716a015797179ee49ddd20d0b2fa6796689e1f58326f2620b2553

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Search
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Resources
Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.09 FIREWORKS DISPLAY PERMITS.
CHAPTER 549 Weapons and Explosives
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

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549.10 DISCHARGING FIREARMS AND AIR GUNS.

549.10 DISCHARGING FIREARMS AND AIR GUNS.

Document typesection
Identifier549.10
Citation§ 549.10
Ordinances detectedS, 116-84, NANCE, 51-95, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedMay 30, 1986
Original sourceAmerican Legal Publishing
Content hashd9c7248cfaeda37ba39a60d880758f3b33a9cc19bb5272d022b4fd631b082fa4

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.10 DISCHARGING FIREARMS AND AIR GUNS.
CHAPTER 549 Weapons and Explosives
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
   (a)   No person shall do any of the following:
      (1)   When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
      (2)   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 subsection (a)(1) hereof is a misdemeanor of the second degree. A violation of subsection (a)(2) hereof is a misdemeanor of the fourth degree. (ORC 2923.20)
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
   (a)   No person shall:
      (1)   Sell any firearm to a person and/or deadly weapon to a person under age eighteen;
      (2)   Sell any handgun and/or deadly weapon to a person under age twenty-one;
      (3)   Furnish any firearm and/or deadly weapon to a person under age eighteen except for purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling or marksmanship under the supervision or control of a responsible adult.
   (b)   Whoever violates this section is guilty of improperly furnishing firearms and/or deadly weapons to a minor, a misdemeanor of the second degree.
(Ord. 51-95. Passed 5-9-95.)
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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549.11 THROWING OR SHOOTING MISSILES.

549.11 THROWING OR SHOOTING MISSILES.

Document typesection
Identifier549.11
Citation§ 549.11
Ordinances detectedS, 116-84, NANCE, 52-95, 103-93, 100-70, 12-09, 69-85
Dates detectedMay 30, 1986
Original sourceAmerican Legal Publishing
Content hashb37ce607835c30af86c6b96840c0543d4d895204cb1b811e070684f90603e73d

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.11 THROWING OR SHOOTING MISSILES.
CHAPTER 549 Weapons and Explosives
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library
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549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.

549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.

Document typesection
Identifier549.12
Citation§ 549.12
Ordinances detectedS, 116-84, NANCE, 52-95, 103-93, 100-70, 12-09, 69-85, INANCE
Dates detectedMay 30, 1986, September 9, 2008
Original sourceAmerican Legal Publishing
Content hashb57a2af580feff433030c4416132cfae8bc11d284633c7524b49a9b6852f95ee

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
CHAPTER 549 Weapons and Explosives
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
   (a)   Definitions.
      (1)   “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.
      (2)   “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and designed and intended to use in any firearm.
      (3)   “Child” means any person under the age of eighteen years and includes any person between the ages of eighteen and twenty-one years who is of sufficient mental incompetence to have had a legal guardian appointed by the Probate Court.
      (4)   “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or especially adapted for use as a weapon or possessed, carried or used as a weapon.
   (b)   Access to Firearms and/or Deadly Weapons. Except as provided in subsection (c) hereof no person, including but not limited to a parent or legal guardian, shall store or leave a loaded or unloaded firearm and/or deadly weapon in any place where the person knows, or reasonably should know based on the totality of the circumstances, that a child is able to gain access to it.
   (c)   Exceptions. Subsection (b) hereof shall not apply when:
      (1)   A child’s access to a firearm and/or deadly weapon is under the supervision or control of a responsible adult for purposes of lawful hunting or instruction in firearm and/or deadly weapon safety, care, handling or marksmanship;
      (2)   A child has access to a firearm and/or deadly weapon as the result of an unlawful entry into the place in which the firearm and/or deadly weapon was found;
      (3)   A child obtains a firearm and/or deadly weapon in a lawful act of self- defense or defense of another person or persons within a domicile;
      (4)   A child who, without permission of the lawful possessor of a firearm and/or deadly weapon, obtains the firearm and/or deadly weapon from the possessor’s body.
   (d)   Responsibility of Firearms Dealers and/or Deadly Weapon Dealers.  
      (1)   When selling any firearm, a licensed firearm dealer shall offer to sell or give the purchaser a trigger lock or similar device which prevents the firearm from discharging.
      (2)   At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the following warning in block letters, not less than one inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM AND/OR DEADLY WEAPON WHERE CHILDREN CAN OBTAIN ACCESS.” The same warning shall be distributed to each firearm purchaser at the time of the sale of a firearm.
   (e)   Penalties. Whoever violates this section shall be guilty of a misdemeanor of the first degree. (Ord. 52-95. Passed 5-9-95.)
549.08 FIREWORKS SALE OR DISCHARGE.
   (EDITOR’S NOTE: Former Ohio R.C. 3743.27 and 3743.32, from which this section was derived, were repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on the possession, sale and discharge of fireworks generally is now codified as Section 1519.04 of the Fire Prevention Code.)
549.09 FIREWORKS DISPLAY PERMITS.
   (EDITOR'S NOTE: Former Ohio R.C. 3743.33 from which this section was derived was repealed by Amended Senate Bill 61, effective May 30, 1986. The new law on fireworks exhibition permits is now codified as Section 1519.02 et seq. of the Fire Prevention Code.)
549.10 DISCHARGING FIREARMS AND AIR GUNS.
   (a)    No person shall discharge any airgun within the corporate limits of the Municipality.
   (b)    No person shall discharge any rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.
   (c)    This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized.
   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 103-93. Passed 12-28-93.)
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)

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549.13 SALE, POSSESSION AND USE OF STUN GUNS.

549.13 SALE, POSSESSION AND USE OF STUN GUNS.

Document typesection
Identifier549.13
Citation§ 549.13
Ordinances detectedS, 116-84, NANCE, 100-70, 12-09, 69-85, INANCE
Dates detectedSeptember 9, 2008
Original sourceAmerican Legal Publishing
Content hash27e0727efe36a18521ce5da9c1942a5cc253c07d387a6b3b4f54122ed76daf58

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
CHAPTER 549 Weapons and Explosives
549.11 THROWING OR SHOOTING MISSILES.
   (a)    No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)

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549.14 POSSESSING REPLICA FIREARM IN SCHOOL.

549.14 POSSESSING REPLICA FIREARM IN SCHOOL.

Document typesection
Identifier549.14
Citation§ 549.14
Ordinances detectedS, 116-84, NANCE, 100-70, 12-09, 69-85, INANCE
Dates detectedSeptember 9, 2008
Original sourceAmerican Legal Publishing
Content hash2e09ff985293ee444c4ee225551fb2517e74806011989444a080cf1b5608bf81

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
CHAPTER 549 Weapons and Explosives
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
   (a)    Definitions. As used in this section:
      (1)    "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; or the frame or receiver of any such weapon; or any firearm muffler or firearm silencer.
      (2)    "Pistol" means any firearm with a barrel less than twelve inches in length.
      (3)    "Manufacturer" or "dealer" means any person engaged in the business of manufacturing, repairing or selling firearms at wholesale or retail.
      (4)    "Fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a felony or to avoid giving testimony in any criminal proceeding.
      (5)    "Subversive organization" means any group, committee, club, league, society, association or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the Government of the United States, or of any state or political subdivision thereof, by the use of force, violence, military measures or threats of one or more of the foregoing.
(Ord. 100-70. Passed 12-29-70.)
   (b)    Possession Restricted. 
      (1)    No person who has been convicted of a felony in any court of the United States, the several states, territories, possessions, commonwealth countries or the District of Columbia, or who is a fugitive from justice, of unsound mind, a drug addict or an habitual drunkard, shall possess a firearm within the City.
      (2)    No person who is a member of a subversive organization shall possess a firearm within the City.
      (3)    No person under the age of twenty-one shall possess a handgun. This subparagraph shall not apply to the issue of pistols to members of the Armed Forces of the United States, active or reserve, State Militia or ROTC, when on duty or training, or to the temporary loan of pistols for instruction under the immediate supervision of a parent, guardian or adult instructor.
   (c)    Nonserialized Pistols. No person shall receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's serial numbers or letters have been removed.
(Ord. 100-70. Passed 12-29-70.)
   (d)    Sales, Transfers and Displays Regulated. 
      (1)    No person shall sell, lease, lend or otherwise transfer a firearm to any person whom he knows, or has reasonable cause to believe has been convicted of a felony, or who is a fugitive from justice, of unsound mind, a drug addict, a habitual drunkard, or a member of a subversive organization.
      (2)   When delivered, all pistols must be securely wrapped and must be unloaded. (Ord. 12-09. Passed 2-24-09.)
   (e)   False Information Prohibited.
      (1)   No person, in applying for a license as a manufacturer or dealer, shall give false information or offer false evidence of his identity.
      (2)   No person shall give false information concerning the matters referred to in subsections (b)(1) and (b)(2) hereof or concerning his age or his name and address or offer false evidence of his identity when purchasing a pistol.
   (f)   Confiscation and Destruction. Any firearm of any type or explosive of any type sold or possessed in violation of any provision of this section shall be confiscated by the Sheffield Lake Division of Police and destroyed by such Division.
(Ord. 100-70. Passed 12-29-70.)
   (g)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
   (a)   No person, firm, corporation or other entity within the City shall sell, offer for sale, or have in his or its possession or custody, any stun gun.
   (b)   As used in this section, “stun gun” means any electronic instrument, device or thing which produces, emits or discharges any current, pulse, volt or charge of electricity, regardless of voltage, amperage or frequency, and which is designed or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human being.
   (c)   This section does not apply to law enforcement officers acting within the scope of their duties.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 69-85. Passed 6-25-85.)
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)

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549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.

549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.

Document typesection
Identifier549.15
Citation§ 549.15
Ordinances detectedS, 116-84, NANCE, INANCE
Dates detectedSeptember 9, 2008
Original sourceAmerican Legal Publishing
Content hash7ded64fdc033fa663c9be32c12a590af9259baa992162e74be7b86527c292974

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
CHAPTER 549 Weapons and Explosives
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)

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549.99 PENALTY.

549.99 PENALTY.

Document typesection
Identifier549.99
Citation§ 549.99
Ordinances detectedS, 116-84, NANCE, INANCE
Dates detectedSeptember 9, 2008
Original sourceAmerican Legal Publishing
Content hash9487aae80971700d9150e69c2ba2e56fd2a899dbf30c9fbaa6b4144f988bc06b

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.99 PENALTY.
CHAPTER 549 Weapons and Explosives
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)   
549.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

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549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.

549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.

Document typesection
Identifier549.16
Citation§ 549.16
Ordinances detectedS, 116-84, NANCE, INANCE
Dates detectedSeptember 9, 2008
Original sourceAmerican Legal Publishing
Content hash80533d44623851ce45b88e805811a89f147d66817e08b491f5a51d84e196985a

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
549.01 DEFINITIONS.
549.02 CARRYING CONCEALED WEAPONS.
549.03 USING WEAPONS WHILE INTOXICATED.
549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
549.06 UNLAWFUL TRANSACTIONS IN WEAPONS.
549.07 IMPROPERLY FURNISHING FIREARMS TO A MINOR.
549.071 PROHIBITING ACCESS TO FIREARMS BY CHILDREN.
549.08 FIREWORKS SALE OR DISCHARGE.
549.09 FIREWORKS DISPLAY PERMITS.
549.10 DISCHARGING FIREARMS AND AIR GUNS.
549.11 THROWING OR SHOOTING MISSILES.
549.12 SALE AND POSSESSION OF FIREARMS AND EXPLOSIVES.
549.13 SALE, POSSESSION AND USE OF STUN GUNS.
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
549.99 PENALTY.
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
CHAPTER 549 Weapons and Explosives
549.14 POSSESSING REPLICA FIREARM IN SCHOOL.
   (a)   No person shall knowingly possess an object in a school safety zone if both of the following apply:
      (1)   The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
      (2)   The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
   (b)   (1)   This section does not apply to any of the following:
         A.   An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
         B.   A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
         C.   A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
         D.   1.   Any person not described in subsections (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
               a.   Either the person has successfully completed the curriculum, instruction, and training established under Ohio R.C. 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
               b.   The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority;
            2.   A district board or school governing body that authorizes a person under subsection (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as Ohio R.C. 3319.39 or Ohio R.C. 3319.391.
         E.   Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in subsection (b)(1)E. of this section does not apply to the person.
      (2)   This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
      (3)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
         A.   The person does not enter into a school building or onto school premises and is not at a school activity.
         B.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         C.   The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
         D.   The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (8).
      (4)   This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
         A.   The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1).
         B.   The person leaves the handgun in a motor vehicle.
         C.   The handgun does not leave the motor vehicle.
         D.   If the person exits the motor vehicle, the person locks the motor vehicle.
   (c)   Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
   (d)   (1)   In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to subsection (d)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in Ohio R.C. 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in Ohio R.C. 4510.02(A)(4).
      (2)   If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in subsection (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in subsection (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in subsection (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
   (e)   As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122(C) - (G))
549.15 DEFACING IDENTIFICATION MARKS OF A FIREARM; POSSESSING A DEFACED FIREARM.
   (a)   No person shall do either of the following:
      (1)   Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.
      (2)   Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(1) of this section, defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a)(2) of this section, possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.
         (ORC 2923.201)
549.16 CONCEALED HANDGUN LICENSES; POSSESSION OF REVOKED OR SUSPENDED LICENSE; ADDITIONAL RESTRICTIONS; POSTING SIGNS PROHIBITING POSSESSION.
   (a)   Possession of a Revoked or Suspended Concealed Handgun License.
      (1)   No person, except in the performance of official duties, shall possess a concealed handgun license that was issued and that has been revoked or suspended.
      (2)   Whoever violates this subsection (a) is guilty of possessing a revoked or suspended concealed handgun license, a misdemeanor of the third degree.
         (ORC 2923.1211(B), (C))
   (b)   Additional Restrictions. Pursuant to Ohio R.C. 2923.126:
      (1)   A concealed handgun license that is issued under Ohio R.C. 2923.125 shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee’s license expires during which the licensee’s license remains valid. Except as provided in subsection (b)(2) and (b)(3) of this section, a licensee who has been issued a concealed handgun license under Ohio R.C. 2923.125 or 2923.1213 may carry a concealed handgun anywhere in this state if the license is valid when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee’s residence address to the sheriff who issued the license within forty-five days after that change.
      (2)   A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under Ohio R.C. 2923.12(B) or in any manner prohibited under Ohio R.C. 2923.16. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
         A.   A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to Ohio R.C. 5119.14(A) or Ohio R.C. 5123.03(A)(1);
         B.   A school safety zone if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.122;
         C.   A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.123;
         D.   Any premises or open air arena for which a D permit has been issued under Ohio R.C. Chapter 4303 if the licensee's carrying the concealed handgun is in violation of Ohio R.C. 2923.121;
         E.   Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
         F.   Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
         G.   Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to subsection (b)(2)C. of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
         H.   A place in which federal law prohibits the carrying of handguns.
      (3)   A.   Nothing in this subsection (b) shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this subsection (b) shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
         B.   1.   A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
            2.   A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Ohio R.C. Chapter 2744, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in Ohio R.C. 2744.01.
            3.   An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
            4.    A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation’s decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation. The immunities described in this division apply to an entity that leases its property to the nonprofit corporation or permits its property to be used by the nonprofit corporation for any purpose.
         C.   1.   a.   Except as provided in subsection (b)(3)C.2. of this section and Ohio R.C. 2923.1214, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of Ohio R.C. 2911.21(A)(4) and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under Ohio R.C. 2911.21 or under any other criminal law of this State or criminal law, ordinance, or resolution of a political subdivision of this State, and instead is subject only to a civil cause of action for trespass based on the violation.
               b.   If a person knowingly violates a posted prohibition of the nature described in this subsection and the posted land or premises is a child care center, type A family child care home, or type B family child care home, unless the person is a licensee who resides in a type A family child care home or type B family child care home, the person is guilty of aggravated trespass in violation of Ohio R.C. 2911.211. Except as otherwise provided in this subsection, the offender is guilty of a misdemeanor of the first degree. If the person previously has been convicted of a violation of this subsection or any substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the offender is guilty of a felony to be prosecuted under appropriate state law.
            2.   A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008 enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
            3.   As used in subsection (b)(3)C. of this section:
               a.   "Residential premises" has the same meaning as in Ohio R.C. 5321.01, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
               b.   "Landlord", "tenant", and "rental agreement" have the same meanings as in Ohio R.C. 5321.01.
      (4)   A person who holds a valid concealed handgun license issued by another state that is recognized by the Attorney General pursuant to a reciprocity agreement entered into pursuant to Ohio R.C. 109.69 or a person who holds a valid concealed handgun license under the circumstances described in Ohio R.C. 109.69(B) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license under that section that is valid at the time in question.
      (5)   A.   A peace officer has the same right to carry a concealed handgun in this State as a person who was issued a concealed handgun license under Ohio R.C. 2923.125, provided that the officer when carrying a concealed handgun under authority of this section is carrying validating identification. For purposes of reciprocity with other States, a peace officer shall be considered to be a licensee in this State.
         B.   An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in Ohio R.C. 2923.125(G)(1) has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions as specified in this subsection (b).
         C.   A tactical medical professional who is qualified to carry firearms while on duty under Ohio R.C. 109.771 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
         D.   A fire investigator who is qualified to carry firearms while on duty under Ohio R.C. 109.774 has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125.
      (6)   A.   A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under Ohio R.C. 2923.125 and is subject to the same restrictions that apply to a person who has been issued a license issued under that section that is valid at the time in question. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to subsection (b)(6)B. of this section and a valid firearms requalification certification issued pursuant to subsection (b)(6)C. of this section shall be considered to be a licensee in this state.
         B.   1.   Each public agency of this State or of a political subdivision of this State that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
               a.   The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
               b.   Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
               c.   At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
               d.   Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of 15 years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
            2.   A retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this State from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section. In addition to the required content specified in this subsection, a retired peace officer identification card issued to a person under subsection (b)(6)B.1. of this section may include the firearms requalification certification described in subsection (b)(6)C. of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with subsection (b)(6)B.1. of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in subsection (b)(6)B.1.a. to (b)(6)B.1.d. of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED".
            3.   A public agency of this state or of a political subdivision of this State may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to subsection (b)(6)B.1. of this section.
         C.   1.   If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801. The retired peace officer may be required to pay the cost of the course.
            2.   If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of subsection (b)(6) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under subsection (b)(6)B. of this section.
            3.   A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under Ohio R.C. 109.801 may be required to pay the cost of the program.
      (7)   As used in subsection (b)(6) of this section:
         A.   "Governing body." Has the same meaning as in Ohio R.C. 154.01.
         B.   "Government facility of this State or a political subdivision of this State" means any of the following:
            1.   A building or part of a building that is owned or leased by the government of this State or a political subdivision of this State and where employees of the government of this State or the political subdivision regularly are present for the purpose of performing their official duties as employees of the State or political subdivision;
            2.   The office of a deputy registrar serving pursuant to Ohio R.C. Chapter 4503 that is used to perform deputy registrar functions.
         C.   "Qualified retired peace officer" means a person who satisfies all of the following:
            1.   The person satisfies the criteria set forth in subsections (b)(6)B.1.a. to (b)(6)B.1.d. of this section.
            2.   The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
            3.   The person is not prohibited by Federal law from receiving firearms.
         D.   "Retired peace officer identification card" means an identification card that is issued pursuant to subsection (b)(6)B. of this section to a person who is a retired peace officer.
         E.   "Tactical medical professional." Has the same meaning as in Ohio R.C. 109.71.
         F.   "Validating identification." Means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
            (ORC 2923.126)
   (c)   Posting of Signs Prohibiting Possession. Each person, board, or entity that owns or controls any place or premises identified in Ohio R.C. 2923.126(B) as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in the following one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
(ORC 2923.1212)   
549.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

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