Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 303
2025-2026
Senator Johnson
Cosponsors: Senators Cutrona, Timken
To
amend sections 2151.022, 2152.02, 2152.16, 2923.21, 2923.211,
and
2930.01 of the Revised Code
to
allow a person who is between eighteen and twenty-one years old to
receive or purchase a handgun from a federally licensed firearms
dealer.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2151.022, 2152.02, 2152.16, 2923.21, 2923.211,
and
2930.01 of the Revised Code be
amended
to
read as follows:
Sec.
2151.022.
As
used in this chapter, "unruly child" includes any of the
following:
(A)
Any child who does not submit to the reasonable control of the
child's parents, teachers, guardian, or custodian, by reason of being
wayward or habitually disobedient;
(B)
Any child who is an habitual truant from school;
(C)
Any child who behaves in a manner as to injure or endanger the
child's own health or morals or the health or morals of others;
(D)
Any child who violates a law, other than division (C) of section
2907.39, division
(A)
(B)
of section 2923.211, division (C)(1) or (D) of section 2925.55, or
section 2151.87 of the Revised Code, that is applicable only to a
child.
Sec.
2152.02.
As
used in this chapter:
(A)
"Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B)
"Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by the
department and admission to a comparable facility outside this state
by another state or the United States.
(C)(1)
"Child" means a person who is under eighteen years of age,
except as otherwise provided in divisions (C)(2) to (8) of this
section.
(2)
Subject to division (C)(3) of this section, any person who violates a
federal or state law or a municipal ordinance prior to attaining
eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint is
held.
(3)
Any person who, while under eighteen years of age, commits an act
that would be a felony if committed by an adult and who is not taken
into custody or apprehended for that act until after the person
attains twenty-one years of age is not a child in relation to that
act.
(4)
Except as otherwise provided in divisions (C)(5) and (7) of this
section, any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code shall be
deemed after the transfer not to be a child in the transferred case.
(5)
Any person whose case is transferred for criminal prosecution
pursuant to section 2152.12 of the Revised Code and who subsequently
is convicted of or pleads guilty to a felony in that case, unless a
serious youthful offender dispositional sentence is imposed on the
child for that offense under division (B)(2) or (3) of section
2152.121 of the Revised Code and the adult portion of that sentence
is not invoked pursuant to section 2152.14 of the Revised Code, and
any person who is adjudicated a delinquent child for the commission
of an act, who has a serious youthful offender dispositional sentence
imposed for the act pursuant to section 2152.13 of the Revised Code,
and whose adult portion of the dispositional sentence is invoked
pursuant to section 2152.14 of the Revised Code, shall be deemed
after the conviction, plea, or invocation not to be a child in any
case in which a complaint is filed against the person.
(6)
The juvenile court has jurisdiction over a person who is adjudicated
a delinquent child or juvenile traffic offender prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, except as otherwise provided in this division, a person
who is so adjudicated a delinquent child or juvenile traffic offender
shall be deemed a "child" until the person attains
twenty-one years of age. If a person is so adjudicated a delinquent
child or juvenile traffic offender and the court makes a disposition
of the person under this chapter, at any time after the person
attains twenty-one years of age, the places at which the person may
be held under that disposition are not limited to places authorized
under this chapter solely for confinement of children, and the person
may be confined under that disposition, in accordance with division
(F)(2) of section 2152.26 of the Revised Code, in places other than
those authorized under this chapter solely for confinement of
children.
(7)
The juvenile court has jurisdiction over any person whose case is
transferred for criminal prosecution solely for the purpose of
detaining the person as authorized in division (F)(1) or (4) of
section 2152.26 of the Revised Code unless the person is convicted of
or pleads guilty to a felony in the adult court.
(8)
Any person who, while eighteen years of age, violates division (A)(1)
or (2) of section 2919.27 of the Revised Code by violating a
protection order issued or consent agreement approved under section
2151.34 or 3113.31 of the Revised Code shall be considered a child
for the purposes of that violation of section 2919.27 of the Revised
Code.
(D)
"Community corrections facility," "public safety
beds," "release authority," and "supervised
release" have the same meanings as in section 5139.01 of the
Revised Code.
(E)
"Delinquent child" includes any of the following:
(1)
Any child, except a juvenile traffic offender, who violates any law
of this state or the United States, or any ordinance of a political
subdivision of the state, that would be an offense if committed by an
adult;
(2)
Any child who violates any lawful order of the court made under this
chapter, including a child who violates a court order regarding the
child's prior adjudication as an unruly child for being an habitual
truant;
(3)
Any child who violates any lawful order of the court made under
Chapter 2151. of the Revised Code other than an order issued under
section 2151.87 of the Revised Code;
(4)
Any child who violates division (C) of section 2907.39, division
(A)
(B)
of section 2923.211, or division (C)(1) or (D) of section 2925.55 of
the Revised Code.
(F)
"Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred to
adult court under a mandatory or discretionary transfer.
(G)
"Discretionary SYO" means a case in which the juvenile
court, in the juvenile court's discretion, may impose a serious
youthful offender disposition under section 2152.13 of the Revised
Code.
(H)
"Discretionary transfer" means that the juvenile court has
discretion to transfer a case for criminal prosecution under division
(B) of section 2152.12 of the Revised Code.
(I)
"Drug abuse offense," "felony drug abuse offense,"
and "minor drug possession offense" have the same meanings
as in section 2925.01 of the Revised Code.
(J)
"Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(K)
"Economic loss" means any economic detriment suffered by a
victim of a delinquent act or juvenile traffic offense as a direct
and proximate result of the delinquent act or juvenile traffic
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim and any property loss,
medical cost, or funeral expense incurred as a result of the
delinquent act or juvenile traffic offense. "Economic loss"
does not include non-economic loss or any punitive or exemplary
damages.
(L)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(M)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.
(N)
"Juvenile traffic offender" means any child who violates
any traffic law, traffic ordinance, or traffic regulation of this
state, the United States, or any political subdivision of this state,
other than a resolution, ordinance, or regulation of a political
subdivision of this state the violation of which is required to be
handled by a parking violations bureau or a joint parking violations
bureau pursuant to Chapter 4521. of the Revised Code.
(O)
A "legitimate excuse for absence from the public school the
child is supposed to attend" has the same meaning as in section
2151.011 of the Revised Code.
(P)
"Mandatory serious youthful offender" means a person who is
eligible for a mandatory SYO and who is not transferred to adult
court under a mandatory or discretionary transfer and also includes,
for purposes of imposition of a mandatory serious youthful
dispositional sentence under section 2152.13 of the Revised Code, a
person upon whom a juvenile court is required to impose such a
sentence under division (B)(3) of section 2152.121 of the Revised
Code.
(Q)
"Mandatory SYO" means a case in which the juvenile court is
required to impose a mandatory serious youthful offender disposition
under section 2152.13 of the Revised Code.
(R)
"Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S)
"Mental illness" has the same meaning as in section 5122.01
of the Revised Code.
(T)
"Monitored time" and "repeat violent offender"
have the same meanings as in section 2929.01 of the Revised Code.
(U)
"Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(V)
"Public record" has the same meaning as in section 149.43
of the Revised Code.
(W)
"Serious youthful offender" means a person who is eligible
for a mandatory SYO or discretionary SYO but who is not transferred
to adult court under a mandatory or discretionary transfer and also
includes, for purposes of imposition of a mandatory serious youthful
dispositional sentence under section 2152.13 of the Revised Code, a
person upon whom a juvenile court is required to impose such a
sentence under division (B)(3) of section 2152.121 of the Revised
Code.
(X)
"Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier
I sex offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," and "public
registry-qualified juvenile offender registrant" have the same
meanings as in section 2950.01 of the Revised Code.
(Y)
"Traditional juvenile" means a case that is not transferred
to adult court under a mandatory or discretionary transfer, that is
eligible for a disposition under sections 2152.16, 2152.17, 2152.19,
and 2152.20 of the Revised Code, and that is not eligible for a
disposition under section 2152.13 of the Revised Code.
(Z)
"Transfer" means, except with respect to a transfer from a
criminal court to a juvenile court under section 2152.03 or 2152.121
of the Revised Code, the transfer for criminal prosecution of a case
that includes a charge alleging that a child is a delinquent child
for committing an act that would be an offense if committed by an
adult from the juvenile court to the appropriate court that has
jurisdiction of the offense.
(AA)
"Category one offense" means any of the following:
(1)
A violation of section 2903.01 or 2903.02 of the Revised Code;
(2)
A violation of section 2923.02 of the Revised Code involving an
attempt to commit aggravated murder or murder.
(BB)
"Category two offense" means any of the following:
(1)
A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01,
or 2911.11 of the Revised Code;
(2)
A violation of section 2903.04 of the Revised Code that is a felony
of the first degree;
(3)
A violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(CC)
"Non-economic loss" means nonpecuniary harm suffered by a
victim of a delinquent act or juvenile traffic offense as a result of
or related to the delinquent act or juvenile traffic offense,
including, but not limited to, pain and suffering; loss of society,
consortium, companionship, care, assistance, attention, protection,
advice, guidance, counsel, instruction, training, or education;
mental anguish; and any other intangible loss.
Sec.
2152.16.
(A)(1)
If a child is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult, the juvenile court
may commit the child to the legal custody of the department of youth
services for secure confinement as follows:
(a)
For an act that would be aggravated murder or murder if committed by
an adult, until the offender attains twenty-one years of age;
(b)
For a violation of section 2923.02 of the Revised Code that involves
an attempt to commit an act that would be aggravated murder or murder
if committed by an adult, a minimum period of six to seven years as
prescribed by the court and a maximum period not to exceed the
child's attainment of twenty-one years of age;
(c)
For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or
division (A) of section 2903.04 of the Revised Code or for a
violation of any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the sexual conduct
or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section was older than the
delinquent child, was the same age as the delinquent child, or was
less than three years younger than the delinquent child, for an
indefinite term consisting of a minimum period of one to three years,
as prescribed by the court, and a maximum period not to exceed the
child's attainment of twenty-one years of age;
(d)
If the child is adjudicated a delinquent child for committing an act
that is not described in division (A)(1)(b) or (c) of this section
and that would be a felony of the first or second degree if committed
by an adult, for an indefinite term consisting of a minimum period of
one year and a maximum period not to exceed the child's attainment of
twenty-one years of age.
(e)
For committing an act that would be a felony of the third, fourth, or
fifth degree if committed by an adult or for a violation of division
(A)
(B)
of section 2923.211 of the Revised Code, for an indefinite term
consisting of a minimum period of six months and a maximum period not
to exceed the child's attainment of twenty-one years of age.
(2)
In each case in which a court makes a disposition under this section,
the court retains control over the commitment for the minimum period
specified by the court in divisions (A)(1)(a) to (e) of this section.
During the minimum period, the department of youth services shall not
move the child to a nonsecure setting without the permission of the
court that imposed the disposition.
(B)(1)
Subject to division (B)(2) of this section, if a delinquent child is
committed to the department of youth services under this section, the
department may release the child at any time after the minimum period
specified by the court in division (A)(1) of this section ends.
(2)
A commitment under this section is subject to a supervised release or
to a discharge of the child from the custody of the department for
medical reasons pursuant to section 5139.54 of the Revised Code, but,
during the minimum period specified by the court in division (A)(1)
of this section, the department shall obtain court approval of a
supervised release or discharge under that section.
(C)
If a child is adjudicated a delinquent child, at the dispositional
hearing and prior to making any disposition pursuant to this section,
the court shall determine whether the delinquent child previously has
been adjudicated a delinquent child for a violation of a law or
ordinance. If the delinquent child previously has been adjudicated a
delinquent child for a violation of a law or ordinance, the court,
for purposes of entering an order of disposition of the delinquent
child under this section, shall consider the previous delinquent
child adjudication as a conviction of a violation of the law or
ordinance in determining the degree of the offense the current act
would be had it been committed by an adult. This division also shall
apply in relation to the imposition of any financial sanction under
section 2152.19 of the Revised Code.
Sec.
2923.21.
(A)
As
used in this section, "federally licensed firearms dealer"
has the same meaning as in section 5502.63 of the Revised Code.
(B)
No
person shall do any of the following:
(1)
Sell any firearm to a person who is under eighteen years of age;
(2)
Subject to division
(B)
(C)
of this section, sell any handgun to a person who is under twenty-one
years of age;
(3)
Furnish any firearm to a person who is under eighteen years of age
or, subject to division
(B)
(C)
of this section, furnish any handgun to a person who is under
twenty-one years of age, except for lawful hunting, sporting, or
educational purposes, including, but not limited to, instruction in
firearms or handgun safety, care, handling, or marksmanship under the
supervision or control of a responsible adult;
(4)
Sell or furnish a firearm to a person who is eighteen years of age or
older if the seller or furnisher knows, or has reason to know, that
the person is purchasing or receiving the firearm for the purpose of
selling the firearm in violation of division
(A)(1)
(B)(1)
of this section to a person who is under eighteen years of age or for
the purpose of furnishing the firearm in violation of division
(A)(3)
(B)(3)
of this section to a person who is under eighteen years of age;
(5)
Sell or furnish a handgun to a person who is twenty-one years of age
or older if the seller or furnisher knows, or has reason to know,
that the person is purchasing or receiving the handgun for the
purpose of selling the handgun in violation of division
(A)(2)
(B)(2)
of this section to a person who is under twenty-one years of age or
for the purpose of furnishing the handgun in violation of division
(A)(3)
(B)(3)
of this section to a person who is under twenty-one years of age;
(6)
Purchase or attempt to purchase any firearm with the intent to sell
the firearm in violation of division
(A)(1)
(B)(1)
of this section to a person who is under eighteen years of age or
with the intent to furnish the firearm in violation of division
(A)(3)
(B)(3)
of this section to a person who is under eighteen years of age;
(7)
Purchase or attempt to purchase any handgun with the intent to sell
the handgun in violation of division
(A)(2)
(B)(2)
of this section to a person who is under twenty-one years of age or
with the intent to furnish the handgun in violation of division
(A)(3)
(B)(3)
of this section to a person who is under twenty-one years of age.
(B)
(C)(1)
Divisions
(A)(1)
(B)(2)
and
(2)
(3)
of this section do not apply to the sale or furnishing of a handgun
to a person eighteen years of age or older and under twenty-one years
of age if the person eighteen years of age or older and under
twenty-one years of age is a law enforcement officer who is properly
appointed or employed as a law enforcement officer and has received
firearms training approved by the Ohio peace officer training
council
commission
or
equivalent firearms training.
(2)
Divisions (B)(2) and (3) of this section do not apply to the sale and
furnishing of a handgun to a person eighteen years of age or older
and under twenty-one years of age if the person selling or furnishing
the handgun to the person eighteen years of age or older and under
twenty-one years of age is a federally licensed firearms dealer.
(3)
Divisions
(A)(1)
(B)(1)
and (2) of this section do not apply to the sale or furnishing of a
handgun to an active duty member of the armed forces of the United
States who has received firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code.
(C)
(D)
Whoever violates this section is guilty of improperly furnishing
firearms to a minor, a felony of the fifth degree.
Sec.
2923.211.
(A)
As
used in this section, "federally licensed firearms dealer"
has the same meaning as in section 5502.63 of the Revised Code.
(B)
No
person under eighteen years of age shall purchase or attempt to
purchase a firearm.
(B)
(C)
No person under twenty-one years of age shall purchase or attempt to
purchase a handgun, provided that this division does not apply to the
purchase or attempted purchase of a handgun by a person eighteen
years of age or older and under twenty-one years of age if
either
any
of
the following apply:
(1)
The person is a law enforcement officer who is properly appointed or
employed as a law enforcement officer and has received firearms
training approved by the Ohio peace officer training
council
commission
or
equivalent firearms training.
(2)
The
person purchases or attempts to purchase a handgun from a federally
licensed firearms dealer.
(3)
The
person is an active or reserve member of the armed services of the
United States or the Ohio national guard, or was honorably discharged
from military service in the active or reserve armed services of the
United States or the Ohio national guard, and the person has received
firearms training from the armed services or the national guard or
equivalent firearms training.
(C)
(D)
Whoever violates division
(A)
(B)
of this section is guilty of underage purchase of a firearm, a
delinquent act that would be a felony of the fourth degree if it
could be committed by an adult. Whoever violates division
(B)
(C)
of this section is guilty of underage purchase of a handgun, a
misdemeanor of the second degree.
Sec.
2930.01.
As
used in this chapter, unless otherwise defined in any section in this
chapter:
(A)
"Criminal offense" means an alleged act or omission
committed by a person that is punishable by incarceration and is not
eligible to be disposed of by the traffic violations bureau.
(B)
"Custodial agency" means one of the following:
(1)
The entity that has custody of a defendant or an alleged juvenile
offender who is incarcerated for a criminal offense, is under
detention for the commission of a delinquent act, or who is detained
after a finding of incompetence to stand trial or not guilty by
reason of insanity relative to a criminal offense, including any of
the following:
(a)
The department of rehabilitation and correction or the adult parole
authority;
(b)
A county sheriff;
(c)
The entity that administers a jail, as defined in section 2929.01 of
the Revised Code;
(d)
The entity that administers a community-based correctional facility
and program or a district community-based correctional facility and
program;
(e)
The department of mental health and addiction services or other
entity to which a defendant found incompetent to stand trial or not
guilty by reason of insanity is committed.
(2)
The entity that has custody of an alleged juvenile offender pursuant
to an order of disposition of a juvenile court, including the
department of youth services or a school, camp, institution, or other
facility operated for the care of delinquent children.
(C)
"Defendant" means a person who is alleged to be the
perpetrator of a criminal offense in a complaint, indictment, or
information that charges the commission of a criminal offense and
that provides the basis for the criminal prosecution and subsequent
proceedings to which this chapter makes reference.
(D)
"Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, or other
relative of a victim but does not include a person who is charged
with, convicted of, or adjudicated to be a delinquent child for the
criminal offense or delinquent act against the victim or another
criminal offense or delinquent act arising from the same conduct,
criminal episode, or plan.
(E)
"Prosecutor" means one of the following:
(1)
With respect to a criminal case, it has the same meaning as in
section 2935.01 of the Revised Code and also includes the attorney
general and, when appropriate, the employees of any person listed in
section 2935.01 of the Revised Code or of the attorney general.
(2)
With respect to a delinquency proceeding, it includes any person
listed in division (C) of section 2935.01 of the Revised Code or an
employee of a person listed in that division who prosecutes a
delinquency proceeding.
(F)
"Public agency" means an office, agency, department,
bureau, or other governmental entity of the state or of a political
subdivision of the state.
(G)
"Public official" has the same meaning as in section
2921.01 of the Revised Code.
(H)
"Victim" has the same meaning as in Section 10a of Article
I of the Ohio Constitution.
(I)
"Victim's representative" means a member of the victim's
family or another person who pursuant to the authority of section
2930.02 of the Revised Code exercises the rights of a victim under
this chapter.
(J)
"Court" means a court of common pleas, juvenile court,
municipal court, or county court.
(K)
"Delinquency proceeding" means all proceedings in a
juvenile court that are related to a case in which a complaint has
been filed alleging that a child is a delinquent child.
(L)
"Case" means a delinquency proceeding and all related
activity or a criminal prosecution and all related activity.
(M)
The "defense" means the defense against criminal charges in
a criminal prosecution or the defense against a delinquent child
complaint in a delinquency proceeding.
(N)
The "prosecution" means the prosecution of criminal charges
in a criminal prosecution or the prosecution of a delinquent child
complaint in a delinquency proceeding.
(O)
"Delinquent act" means an alleged act committed by a child,
regardless of whether the child is competent, that does any of the
following and is not disposed of by the juvenile traffic violations
bureau serving the court under Traffic Rule 13.1 or is not a minor
misdemeanor juvenile traffic offense:
(1)
Violates any law of this state or the United States, or any ordinance
of a political subdivision of the state, that would be an offense if
committed by an adult;
(2)
Violates any lawful order of the court made under this chapter,
including a child who violates a court order regarding the child's
prior adjudication as an unruly child for being an habitual truant;
(3)
Violates any lawful order of the court made under Chapter 2151. of
the Revised Code other than an order issued under section 2151.87 of
the Revised Code;
(4)
Violates division (C) of section 2907.39, division
(A)
(B)
of section 2923.211, or division (C)(1) or (D) of section 2925.55 of
the Revised Code.
(P)(1)
"Alleged juvenile offender" means a child who is alleged to
have committed a delinquent act in a police report or in a complaint
in juvenile court that charges the commission of a delinquent act and
that provides the basis for the delinquency proceeding and all
subsequent proceedings to which this chapter makes reference.
(2)
As used in divisions (O) and (P)(1) of this section, "child"
has the same meaning as in section 2151.011 of the Revised Code.
(Q)
"Motor vehicle accident" means any accident involving a
motor vehicle.
(R)
"Motor vehicle" has the same meaning as in section 4509.01
of the Revised Code.
(S)
"Aircraft" has the same meaning as in section 4561.01 of
the Revised Code.
(T)
"Aquatic device" means any vessel, or any water skis,
aquaplane, or similar device.
(U)
"Vehicle," "streetcar," and "trackless
trolley" have the same meanings as in section 4511.01 of the
Revised Code.
(V)
"Vehicle, streetcar, trackless trolley, aquatic device, or
aircraft accident" means any accident involving a vehicle,
streetcar, trackless trolley, aquatic device, or aircraft.
(W)
"Vessel" has the same meaning as in section 1546.01 of the
Revised Code.
(X)
"Victim advocate" means a person employed or authorized by
a public or private entity who provides support and assistance for a
victim of a criminal offense or delinquent act in relation to
criminal, civil, administrative, and delinquency cases or proceedings
and recovery efforts related to the criminal offense or delinquent
act.
(Y)
"Victim's attorney" means an attorney retained by the
victim for the purpose of asserting the victim's constitutional and
statutory rights.
(Z)
"Prosecutor's designee" means any person or entity
designated by the prosecuting attorney but does not include a court
or court employee.
(AA)
"Suspect" means a person who is alleged to be the
perpetrator of a criminal offense.
Section
2.
That
existing sections 2151.022, 2152.02, 2152.16, 2923.21, 2923.211,
and
2930.01 of the Revised Code are hereby repealed.