Remove firearm mufflers, suppressors as dangerous ordnance

As Passed by the Senate

136th
General Assembly

Regular
Session
S. B. No. 214

2025-2026

Senator Koehler

Cosponsors: Senators Johnson,
Brenner, Chavez, Cirino, Cutrona, Gavarone, Lang, Manning, O'Brien,
Reynolds, Roegner, Romanchuk, Schaffer, Timken, Wilkin, Wilson

To
amend sections 1533.04, 2923.11, and 2923.17 of the Revised Code
to
remove firearm mufflers and suppressors from the classification of
dangerous ordnance.

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

Section
1.
That
sections 1533.04, 2923.11, and 2923.17 of the Revised Code be amended
to read as follows:

Sec.
1533.04.
(A)
A person who holds a valid hunting license issued under this chapter
and who hunts game birds or wild quadrupeds may use a suppressor
attached to a gun that is authorized to be used for hunting by
section 1533.16 of the Revised Code while hunting
,
provided that the person is authorized to possess the suppressor
under state and federal laws and has registered the suppressor in
accordance with the "National Firearms Act," 68A Stat. 725
(1934), 26 U.S.C. 5841, et seq., as amended
.

(B)
As used in this section, "suppressor" means any device used
for diminishing the sound of any shot, bullet, or projectile that is
discharged from a gun that is authorized to be used for hunting by
section 1533.16 of the Revised Code.

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)
"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
division (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 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;

(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 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.
2923.17.
(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 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;

(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
.
;

(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 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.

Section
2.
That
existing sections 1533.04, 2923.11, and 2923.17 of the Revised Code
are hereby repealed.