Wording of HB 460 …


Legislation proposed in February by Rep. Nino Vitale, R-Urbana, is as follows:

A bill to enact section 2923.26 of the Revised Code to prohibit the state, a political subdivision, and any official, agent, or employee of any state or local government agency from knowingly enforcing or attempting to enforce any federal statute or regulation regarding a firearm, and to declare an emergency.

Be it enacted by the General Assembly of the state of Ohio:

Section 1. That section 2923.26 of the Revised Code be enacted to read as follows: (A) As used in this section: (1) “Ammunition” means any projectile capable of being expelled or propelled from a firearm by the action of an explosive or combustible propellant. (2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code. (3) “Firearm accessory” means any item that is used in conjunction with or mounted upon a firearm but that is not essential to the basic function of a firearm, including, but not limited to, any telescopic or laser sight, magazine, folding or aftermarket stock or grip, speed loader, ammunition carrier, optic for target identification, or light for target identification.

(4) “Political subdivision” means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. (5) “State or local government agency” means any department, division, agency, office, instrumentality, board, commission, or other unit of government of this state or of a political subdivision of this state.

(B) Notwithstanding any law or rules to the contrary, unless required to do so pursuant to a court order, the state, a political subdivision, or any official, agent, or employee of a state or local government agency acting within the scope of the official’s, agent’s, or employee’s duties, shall not knowingly do any of the following: (1) Participate in the enforcement of any federal act, statute, law, rule, or regulation that is adopted, promulgated, or becomes effective on or after January 1, 2016, as amended, regarding a personal firearm, firearm accessory, or ammunition;

(2) Use any assets, state funds, or funds allocated by the state to a political subdivision on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in any enforcement action or investigation in connection with the enforcement of a federal act, statute, law, rule, or regulation that is adopted, promulgated, or becomes effective on or after January 1, 2016, as amended, regarding a personal firearm, firearm accessory, or ammunition.

(C)(1) An official, agent, or employee of any state or local government agency who violates this section is guilty of enforcement of a federal firearm law or regulation, a misdemeanor of the first degree. (2) Notwithstanding section 2929.28 of the Revised Code, the court shall impose a fine on the offender of $1,000 dollars. The court shall not impose a jail term on an offender under section 2929.24 of the Revised Code unless the offender previously has been convicted of or pleaded guilty to a violation of this section.

(D) If a political subdivision adopts a rule, ordinance, or policy that requires the political subdivision or any official, agent, or employee of the political subdivision to violate this section, no money that is part of the state treasury or in the custody of the state treasurer may be appropriated, disbursed, expended, or otherwise provided, directly or indirectly, to the political subdivision for the fiscal year following the year in which a final judicial determination is made that the political subdivision has knowingly required the political subdivision or any official, agent, or employee of the political subdivision to perform an act that violates this section.

Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to enable Ohio to protect Ohio’s residents’ fundamental right to keep and bear arms. Therefore, this act shall go into immediate effect.