Enact the Second Amendment Protection Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 382

2025-2026

Representative Fischer

Cosponsors: Representatives Schmidt,
Hall, T., Dean, Demetriou, Thomas, D., Swearingen, Gross, Mathews,
A., Lear, Williams, Johnson, Stephens, Deeter, Ritter, Pizzulli,
Willis, Holmes, McClain, Barhorst, Claggett, Mathews, T., Kishman,
Lorenz, Fowler Arthur, Miller, M., Ferguson, Workman, Creech, Newman,
LaRe, Stewart, Teska, Mullins, Klopfenstein

To
amend sections 2923.11, 2923.111, 2923.122, and 2923.17 and to enact
section 2923.50 of the Revised Code
to
enact the Second Amendment Protection Act to safeguard the right to
keep and bear arms.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That

sections

2923.11
,
2923.111, 2923.122, and 2923.17

be amended and section 2923.50 of the Revised Code be enacted to read
as follows:

Sec.
2923.11.
As
used in sections 2923.11 to 2923.24 of the Revised Code:

(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)
(C)(1)

"Handgun" means any of the following:

(1)

(a)

Any
firearm that has a short stock and is designed to be held and fired
by the use of a single hand;

(2)

(b)

Any
combination of parts from which a firearm of a type described in
division
(C)(1)

(C)(1)(a)

of
this section can be assembled.

(2)
"Handgun" includes a handgun with an affixed brace,
stabilizing device, arm brace, or pistol brace.

(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

a handgun and 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 division (L) of this section:

(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 division (L)(3)
of this section 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
any
state or federal law
;

(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)
;

(8)
Any handgun with an affixed brace, stabilizing device, arm brace, or
pistol brace
.

(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 section 3743.01 of the Revised
Code, 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
section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of section
3743.80 of the Revised Code and the rules of the fire marshal adopted
pursuant to section 3737.82 of the Revised Code.

(N)(1)
"Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of the
Revised Code or a license to carry a concealed handgun issued by
another state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.

(2)
A reference in any provision of the Revised Code to a concealed
handgun license issued under section 2923.125 of the Revised Code or
a license to carry a concealed handgun issued under section 2923.125
of the Revised Code means only a license of the type that is
specified in that section. A reference in any provision of the
Revised Code to a concealed handgun license issued under section
2923.1213 of the Revised Code, a license to carry a concealed handgun
issued under section 2923.1213 of the Revised Code, or a license to
carry a concealed handgun on a temporary emergency basis means only a
license of the type that is specified in section 2923.1213 of the
Revised Code. A reference in any provision of the 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 section 109.69 of the
Revised Code.

(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 section 2923.128 of the Revised Code, under
section 2923.1213 of the Revised Code, 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
section 2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, 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.

Sec.
2923.111.
(A)
As used in this section:

(1)
"Restricted firearm" means a firearm that is dangerous
ordnance or that is a firearm that any law of this state prohibits
the subject person from possessing, having, or carrying.

(2)
"Qualifying adult" means a person who is all of the
following:

(a)
Twenty-one years of age or older;

(b)
Not legally prohibited from possessing or receiving a firearm under

18

any
Revised Code provision;

(c)
Not within a category of persons specified in 18
U.S.C.
922(g)(1) to (9)

or under section 2923.13 of the Revised Code or any other Revised
Code provision
,
as that law exists on the effective date of this amendment
;

(c)

(d)

Satisfies
all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p),
(q), and (s) of section 2923.125 of the Revised Code.

(B)
Notwithstanding any other Revised Code section to the contrary:

(1)
A person who is a qualifying adult shall not be required to obtain a
concealed handgun license in order to carry in this state, under
authority of division (B)(2) of this section, a concealed handgun
that is not a restricted firearm.

(2)
Regardless of whether the person has been issued a concealed handgun
license, subject to the limitations specified in divisions (B)(3) and
(C)(2) of this section, a person who is a qualifying adult may carry
a concealed handgun that is not a restricted firearm anywhere in this
state in which a person who has been issued a concealed handgun
license may carry a concealed handgun.

(3)
The right of a person who is a qualifying adult to carry a concealed
handgun that is not a restricted firearm that is granted under
divisions (B)(1) and (2) of this section is the same right as is
granted to a person who has been issued a concealed handgun license,
and a qualifying adult who is granted the right is subject to the
same restrictions as apply to a person who has been issued a
concealed handgun license.

(C)(1)
For purposes of any provision of section 1547.69, 2923.12, or
2923.124 to 2923.1213 of the Revised Code, or of any other section of
the Revised Code, that refers to a concealed handgun license or a
concealed handgun licensee, except when the context clearly indicates
otherwise, all of the following apply:

(a)
A person who is a qualifying adult and is carrying or has, concealed
on the person's person or ready at hand, a handgun that is not a
restricted firearm shall be deemed to have been issued a valid
concealed handgun license.

(b)
If the provision refers to a person having been issued a concealed
handgun license or having been issued a concealed handgun license
that is valid at a particular point in time, the provision shall be
construed as automatically including a person who is a qualifying
adult and who is carrying or has, concealed on the person's person or
ready at hand, a handgun that is not a restricted firearm, as if the
person had been issued a concealed handgun license or had been issued
a concealed handgun license that is valid at the particular point in
time.

(c)
If the provision in specified circumstances requires a concealed
handgun licensee to engage in specified conduct, or prohibits a
concealed handgun licensee from engaging in specified conduct, the
provision shall be construed as applying in the same circumstances to
a person who is a qualifying adult in the same manner as if the
person was a concealed handgun licensee.

(d)
If the application of the provision to a person depends on whether
the person is or is not a concealed handgun licensee, the provision
shall be applied to a person who is a qualifying adult in the same
manner as if the person was a concealed handgun licensee.

(e)
If the provision pertains to the imposition of a penalty or sanction
for specified conduct and the penalty or sanction applicable to a
person who engages in the conduct depends on whether the person is or
is not a concealed handgun licensee, the provision shall be applied
to a person who is a qualifying adult in the same manner as if the
person was a concealed handgun licensee.

(2)
The concealed handgun license expiration provisions of sections
2923.125 and 2923.1213 of the Revised Code, and the concealed handgun
license suspension and revocation provisions of section 2923.128 of
the Revised Code, do not apply with respect to a person who is a
qualifying adult unless the person has been issued a concealed
handgun license. If a person is a qualifying adult and the person
thereafter comes within any category of persons specified in
18
U.S.C. 922(g)(1) to (9) or in
section
2923.13 of the Revised Code or any other Revised Code provision so
that the person as a result is legally prohibited under the
applicable provision from possessing or receiving a firearm,
or
the person thereafter comes within a category of persons identified
in 18 U.S.C. 922(g)(1) to (9), as that law exists on the effective
date of this amendment,
both
of the following apply automatically and immediately upon the person
coming within that category:

(a)
Division (B) of this section and the authority and right to carry a
concealed handgun that are described in that division do not apply to
the person.

(b)
The person no longer is deemed to have been issued a concealed
handgun license as described in division (C)(1)(a) of this section,
and the provisions of divisions (C)(1)(a) to (e) of this section no
longer apply to the person in the same manner as if the person had
been issued, possessed, or produced a valid concealed handgun license
or was a concealed handgun licensee.

Sec.
2923.122.
(A)
No person shall knowingly convey, or attempt to convey, a deadly
weapon or dangerous ordnance into a school safety zone.

(B)
No person shall knowingly possess a deadly weapon or dangerous
ordnance in a school safety zone.

(C)
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.

(D)(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)
Any person not described in divisions (D)(1)(a) to (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:

(i)
Either the person has successfully completed the curriculum,
instruction, and training established under section 5502.703 of the
Revised Code, or the person has received a certificate of having
satisfactorily completed an approved basic peace officer training
program or is a law enforcement officer;

(ii)
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.

A
district board or school governing body that authorizes a person
under division (D)(1)(d) of this section shall require that person to
submit to an annual criminal records check conducted in the same
manner as section 3319.39 or 3319.391 of the Revised Code.

(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 section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (D)(1)(e) of this
section does not apply to the person.

(2)
Division (C) of this section does not apply to premises upon which
home schooling is conducted. Division (C) of 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, reenactment, 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 division
(G)(1) of section 2923.125 of the Revised Code.

(c)
The person is in
the
school safety zone in accordance with 18 U.S.C.
922(q)(2)(B)
compliance
with any applicable state or federal law
.

(d)
The person is not knowingly in a place described in division (B)(1)
or (B)(3) to (8) of section 2923.126 of the Revised Code.

(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 division
(G)(1) of section 2923.125 of the Revised Code.

(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.

(E)(1)
Whoever violates division (A) or (B) of this section is guilty of
illegal conveyance or possession of a deadly weapon or dangerous
ordnance in a school safety zone. Except as otherwise provided in
this division, illegal conveyance or possession of a deadly weapon or
dangerous ordnance in a school safety zone is a felony of the fifth
degree. If the offender previously has been convicted of a violation
of this section, illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone is a felony of the
fourth degree.

(2)
Whoever violates division (C) of 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 of the fifth degree.

(F)(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 division (F)(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 section 3301.07 of the Revised Code, 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 division (A)(4) of section 4510.02
of the Revised Code 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 division (A)(4) of section
4510.02 of the Revised Code.

(2)
If the offender shows good cause why the court should not suspend one
of the types of licenses, permits, or privileges specified in
division (F)(1) of this section or deny the issuance of one of the
temporary instruction permits specified in that division, the court
in its discretion may choose not to impose the suspension,
revocation, or denial required in that division, but the court, in
its discretion, instead may require the offender to perform community
service for a number of hours determined by the court.

(G)
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.

Sec.
2923.17.
(A)
No person shall knowingly acquire, have, carry, or use any dangerous
ordnance.

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

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

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

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

(3)
Importers, manufacturers, and dealers having a license to deal in
destructive devices or their ammunition,

issued and in effect pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto
or reenactments thereof,

with respect to dangerous ordnance lawfully acquired, possessed,
carried, or used under the laws of this state
and

or

applicable
federal law;

(4)
Persons to whom surplus ordnance has been sold, loaned, or given by
the secretary of the army

pursuant to 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686,
and any amendments or additions thereto or reenactments thereof
,
with respect to dangerous ordnance when lawfully possessed and used

for
the purposes specified in such section
in
compliance with any applicable state or federal law
;

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

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

or

applicable
federal law;

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

(8)
Persons who own a dangerous ordnance that is a firearm muffler or
suppressor attached to a gun that is authorized to be used for
hunting by section 1533.16 of the Revised Code and who are authorized
to use such a dangerous ordnance by section 1533.04 of the Revised
Code.

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

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

Sec.
2923.50.
(A)
For purposes of this section:

"Violent
felony offense" has the same meaning as in section 2923.132 of
the Revised Code.

"Law-abiding
citizen" means a person who is not otherwise precluded under
state law from possessing a firearm and shall not be construed to
include anyone who is not legally present in the United States or
this state.

"Law
enforcement officer" has the same meaning as in section 9.69 of
the Revised Code.

"Material
aid or support" includes voluntarily giving or allowing others
to make use of lodging, communications equipment or services
including social media accounts, facilities, weapons, personnel,
transportation, clothing, or other physical assets. "Material
aid or support" does not include giving or allowing the use of
medicine or other materials necessary to treat physical injuries, nor
shall the term include any assistance provided to help persons escape
a serious, present risk of life-threatening injury.

"Political
subdivision" means a county, township, municipal corporation, or
any other body corporate and politic responsible for governmental
activities in a geographic area smaller than that of the state.

"Public
office" includes any state agency, public institution, political
subdivision, or other organized body, office, agency, institution, or
entity established by the laws of this state for the exercise of any
function of government.

"Public
officer" includes all officers, employees, or duly authorized
representatives or agents of a public office.

(B)
No public office, public officer, or employee of the state or a
political subdivision shall enforce, attempt to enforce, or
participate in any way in the enforcement of any federal acts,
executive orders, administrative orders, rules, regulations,
statutes, or ordinances regarding firearms, firearm accessories, or
ammunition.

(C)
No public office, public officer, or employee of the state or a
political subdivision shall accede to a request from another to give
material aid or support to the efforts of the other in the
enforcement of or implementation of any federal acts, laws, executive
orders, rules, regulations, or ordinances regarding firearms, firearm
accessories, or ammunition.

(D)
Sovereign immunity shall not be an affirmative defense in any action
pursuant to this section.

(E)(1)
Notwithstanding anything to the contrary in Chapters 2743. and 2744.
of the Revised Code, if the state or a political subdivision employs
a law enforcement officer who knowingly violates division (B) or (C)
of this section, the state or political subdivision shall be liable
to the injured party in an action at law, suit in equity, or other
proper proceeding for redress, and subject to a fifty-thousand-dollar
civil penalty per occurrence.

(2)
Any person injured under this division shall have standing to pursue
an action for injunctive relief in the court of common pleas of the
county in which the action allegedly occurred or in the court of
common pleas of Franklin county with respect to the actions of such
officer. The court shall hold a hearing on the motion for temporary
restraining order and preliminary injunction within thirty days of
service of the petition. In such actions, notwithstanding anything to
the contrary in Chapters 2743. and 2744. of the Revised Code, the
court may award the prevailing party, other than the state of Ohio or
any political subdivision of the state, reasonable attorney's fees
and costs.

(F)
Nothing in this section shall be construed to prohibit public
officers or employees of the state or a political subdivision of the
state from requesting or accepting aid from federal officials in an
effort to enforce laws of the state or of a political subdivision for
either of the following:

(1)
Referring firearm cases to any United States attorney for potential
prosecution if such case is a violent felony offense and if that
prosecution would entail prosecution of violations substantially
similar to those found in Chapters 2901. to 2911. of the Revised Code
involving the use of a weapon, provided that such weapons violations
are merely ancillary to that prosecution.

(2)
Participating with federal law enforcement to enforce laws of the
state or a political subdivision in any national integrated ballistic
information network investigation or lead, or distributing such
leads, whether or not through a crime gun intelligence center.

(G)
It shall not be considered a violation of this section to provide
material aid to federal officials who are in pursuit of a suspect
when there is a demonstrable criminal nexus with another state or
country and such suspect is either not a citizen of this state or is
not present in this state.

(H)
It shall not be considered a violation of this section to provide
material aid to federal prosecutions for either of the following:

(1)
Felony crimes against a person when such prosecution includes weapons
violations substantially similar to those found in sections 2923.11
to 2923.25 of the Revised Code, so long as such weapons violations
are merely ancillary to such prosecution;

(2)
Class A or class B felony violations, as designated under federal
law, substantially similar to those found in Chapter 2925. of the
Revised Code when such prosecution includes weapons violations
substantially similar to those found in sections 2923.11 to 2923.25
of the Revised Code, so long as such weapons violations are merely
ancillary to such prosecution.

(I)
Nothing in this section shall be construed to prohibit a public
officer or employee of the state or a political subdivision from
participating in an inter-jurisdictional task force for the purpose
of enforcing laws not related to firearms, firearm accessories, or
ammunition, including an inter-jurisdictional task force for the
purpose of enforcing laws related to drugs, human or sex trafficking,
immigration, or any other task force convened for purposes other than
enforcing any federal acts, laws, executive orders, rules,
regulations, statutes, or ordinances regarding firearms, firearm
accessories, or ammunition.

(J)(1)
As specified in section 1.50 of the Revised Code, if any provision of
a section of the Revised Code or the application thereof to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the section or related
sections which can be given effect without the invalid provision or
application, and to this end the provisions are severable.

(2)
Section 2923.50 of the Revised Code shall be strictly construed
against the state and shall be liberally construed in favor of the
rights of law-abiding citizens.

(K)
The general assembly of the state of Ohio finds and declares that:

(1)
The general assembly of the state of Ohio is firmly resolved to
support and defend the Constitution of the United States against
every aggression, whether foreign or domestic, and is duty-bound to
oppose every infraction of those principles that constitute the basis
of the union of the states because only a faithful observance of
those principles can secure the union's existence and the public
happiness.

(2)
Acting through the Constitution of the United States, the people of
the several states created the federal government to be their agent
in the exercise of a few defined powers, while reserving for the
state governments the power to legislate on matters concerning the
lives, liberties, and properties of citizens in the ordinary course
of affairs.

(3)
The limitation of the federal government's power is affirmed under
the Tenth Amendment to the United States Constitution, which defines
the total scope of federal powers as being those which have been
delegated by the people of the several states to the federal
government, and all powers not delegated to the federal government in
the Constitution of the United States are reserved to the states
respectively or the people themselves.

(4)
If the federal government assumes powers that the people did not
grant it in the Constitution of the United States, its acts are
unauthoritative and of no force.

(5)
The several states of the United States respect the proper role of
the federal government but reject the proposition that such respect
requires unlimited submission. If the federal government, created by
a compact among the states, were the exclusive or final judge of the
extent of the powers granted to it by the states through the
Constitution of the United States, the federal government's
discretion, and not the Constitution of the United States, would
necessarily become the measure of those powers. To the contrary, as
in all other cases of compacts among powers having no common judge,
each party has an equal right to judge for itself as to whether
infractions of the compact have occurred, as well as to determine the
mode and measure of redress. Although the several states have granted
supremacy to laws and treaties made under the powers granted in the
Constitution of the United States, such supremacy does not extend to
various federal statutes, executive orders, administrative orders,
court orders, rules, regulations, or other actions that collect data
or restrict or prohibit the manufacture, ownership, and use of
firearms, firearm accessories, or ammunition exclusively within the
borders of Ohio; such statutes, executive orders, administrative
orders, court orders, rules, regulations, and other actions exceed
the powers granted to the federal government except to the extent
they are necessary and proper for governing and regulating the United
States armed forces or for organizing, arming, and disciplining
militia forces actively employed in the service of the United States
armed forces.

(6)
The people of the several states have given congress the power "to
regulate commerce with foreign nations, and among the several
states," but "regulating commerce" does not include
the power to limit citizens' right to keep and bear arms in defense
of their families, neighbors, persons, or property nor to dictate
what sort of arms and accessories law-abiding citizens may buy, sell,
exchange, or otherwise possess within the borders of this state.

(7)
The people of the several states also have granted congress the power
"to lay and collect taxes, duties, imports, and excises, to pay
the debts, and provide for the common defense and general welfare of
the United States" and "to make all laws which shall be
necessary and proper for carrying into execution the powers vested by
the Constitution of the United States in the government of the United
States, or in any department or office thereof." These
constitutional provisions merely identify the means by which the
federal government may execute its limited powers and shall not be
construed to grant unlimited power because to do so would be to
destroy the carefully constructed equilibrium between the federal and
state governments. Consequently, the general assembly rejects any
claim that the taxing and spending powers of congress may be used to
diminish in any way the right of the people to keep and bear arms.

(8)
The general assembly of the state of Ohio finds that the federal
excise tax rate on arms and ammunition in effect before January 1,
2021, which funds programs under the Wildlife Restoration Act, does
not have a chilling effect on the purchase or ownership of such arms
and ammunition.

(9)
The people of Ohio have vested the general assembly with the
authority to regulate the manufacture, possession, exchange, and use
of firearms within the borders of this state, subject only to the
limits imposed by the Second Amendment to the United States
Constitution and the Constitution of Ohio.

(10)
The general assembly of the state of Ohio strongly promotes
responsible gun ownership, including parental supervision of minors
in the proper use, storage, and ownership of all firearms; the prompt
reporting of stolen firearms; and the proper enforcement of all state
gun laws. The general assembly of the state of Ohio hereby condemns
any unlawful transfer of firearms and the use of any firearm in any
criminal or unlawful activity.

Section
2.
That
existing
sections

2923.11
,
2923.111, 2923.122, and 2923.17

of the Revised Code
are

hereby
repealed.

Section
3.
This
act shall be known as the Second Amendment Protection Act.