# 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 source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-12661)
Content hash`854d0d51360ce8153ab83d89fb1ef548f8b0ee3d1119c526d8ba28cbf9d51d14`
--- Skip to main content Search Sitemap Login Select Language 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 549.05 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 Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDNANCE - ordance with directions given by a law enforcement officer - 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 - ord of conviction - 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 - ordnance shall negligently fail to take proper precautions: - ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person; - ordnance, a misdemeanor of the second degree - 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 - ord 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 - ordnance in the person's possession or under the person’s control - Ord. 51-95 - Ord. 52-95 - repealed by Amended Senate Bill 61, effective May 30, 1986 - Ord. 103-93 - Ord. 100-70 - Ord. 12-09 - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. 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