2323.31 Unlawful possession of assault weapons.
(A) No person shall knowingly sell, offer or display for sale, give, lend or transfer ownership of, acquire or possess any assault weapon.
(B) This section does not apply:
(1) To law enforcement officers of the United States, this state, this city, and members of the armed forces of the United States or this state if such person is authorized to acquire or possess an assault weapon and is acting within the scope of his duties;
(2) To the transportation of firearms through the city of Columbus in accordance with federal law;
(3) To the possession of an assault weapon by any person who lawfully owned and possessed that assault weapon prior to the effective date of the ordinance enacting this paragraph, provided that the person complies with all of the following:
(a) Within ninety (90) days of the effective date of the ordinance enacting this paragraph, the owner of the assault weapon must file a completed registration form with the License Section of the department of public safety, which form shall be prescribed by the director and which shall require the following information be provided:
(i) The owner's name and address,
(ii) The make, model, and serial number of the assault weapon(s) being registered, and
(iii) A statement by the owner, sworn to before a notary public, that the information provided on the form is complete and accurate and that the owner is in compliance with all applicable federal and state of Ohio statutes and regulations regarding the ownership and possession of the firearm(s) being registered;
(b) Except as otherwise provided in this section, the owner of an assault weapon registered pursuant to this paragraph shall not sell, give, lend or transfer ownership of a registered assault weapon;
(4) To the transfer to and possession of an assault weapon by a licensed gunsmith for purposes of service to or repair of the firearm, and the transfer of the assault weapon from the gunsmith to the assault weapon's lawful owner;
(5) To the sale or transfer of an assault weapon by a firearms dealer that is properly licensed under federal, state and local laws to any branch of the armed forces of the United States, or to a law enforcement agency for use by that agency or its employees for law enforcement purposes, and to the acquisition and possession of an assault weapon by the licensed firearms dealer for the purpose of such sale or transfer;
(6) To the possession of an assault weapon by any person while the person is either:
(a) Lawfully engaged in shooting while at a shooting range that is operating in accordance with all applicable laws and requirements and that has obtained all licenses, permits, and insurance coverage required for that operation; or
(b) Lawfully participating in a competitive sporting event that is officially sanctioned by USA Shooting, which is the national governing body for Olympic shooting competition in the United States, or by the Civilian Marksmanship Program, which is the program that was created by the United States Congress and that is supervised and controlled by the Corporation for the Promotion of Rifle Practice and Firearms Safety pursuant to 36 U.S.C. Sec. 40701, et seq.;
(7) To any person who receives an assault weapon as the result of the lawful distribution of a decedent's property by will or intestate succession, provided that, within ninety (90) days of acquiring possession of the weapon, that person shall either:
(a) Remove the assault weapon from the city of Columbus;
(b) Render the assault weapon permanently inoperable or to permanently make it a device no longer defined as an assault weapon; or
(c) Relinquish the assault weapon to the Columbus division of police for destruction.
(C) Whoever violates this section is guilty of unlawful possession of assault weapons, a misdemeanor of the first degree. If the offender previously has been convicted under this section, upon the second conviction the court shall impose a sentence of imprisonment of at least thirty (30) days, which sentence is mandatory and may not be suspended, modified, or subject to probation during that thirty (30) day period. If the offender has twice previously been convicted under this section, upon the third or more conviction the court shall impose a sentence of imprisonment of at least ninety (90) days, which sentence is mandatory and may not be suspended, modified, or subject to probation during that ninety (90) day period. (Ord. 2535-94; Ord. 1154-05 § 1 (part).)
