§ 137.04. Improperly handling firearms in a motor vehicle.

A.

For the purpose of this section, "unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, that the weapon is uncapped, or that the priming charge is removed from the pan.

B.

Except as otherwise permitted by law, no person shall knowingly discharge a firearm while in or on a motor vehicle.

C.

Except as otherwise permitted by law, no person shall knowingly transport or have a loaded firearm in a motor vehicle, in such manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

D.

Except as otherwise permitted by law, no person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and 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.

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.

E.

This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, authorized to carry or have loaded or accessible firearms in motor vehicles, and acting within the scope of their duties.

F.

The affirmative defenses contained in § 137.02(B)(3)(a) and (b) are affirmative defenses to a charge under subsection C or D of this section.

G.

Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection B or C of this section is a misdemeanor of the first degree. Violation of subsection D of this section is a misdemeanor of the fourth degree. Penalty, see § 130.99. (R.C. § 2923.16)

(Ord. 198-2004: Ord. 728-1973)