§ 2323.13. Having weapons while under disability.

(A)

Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1)

The person is under indictment for, has been convicted of, or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been any of the following felonies that are punishable by imprisonment for a term exceeding one year:

(a)

Homicide and Assault Offenses in violation of §§ 2903.041, 2903.06, or 2903.08

(b)

Sex Offenses in violation of §§ 2907.04, 2907.07, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, or 2907.323

(c)

Terrorism Offenses in violation of §§ 2909.04, 2909.22, 2909.23, 2909.26, 2909.27, 2909.28, or 2909.29

(d)

Offenses Against the Public Peace in violation of §§ 2917.33 or 2917.47

(e)

Offenses Against Justice and Public Administration in violation of §§2921.02, 2921.05, 2921.11, 2921.12, 2921.13, 2921.31, 2921.321, 2921.33, 2921.331, 2921.35, 2921.36, 2921.38, 2921.41, 2921.42, 2921.51, or 2921.52

(f)

Weapons Control Offenses in violation of §§2923.12, 2923.122, 2923.123, 2923.13, 2923.131, 2923.16, 2923.162, 2923.17, 2923.20, 2923.201, 2923.241, 2923.32, or 2923.42

(g)

Ethnic Intimidation & Desecration of Places of Worship Offenses in violation of §§2927.11 or 2927.12

(2)

The person is subject to a court order that:

(a)

Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(b)

Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(c)

(i)

Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii)

By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.

(3)

The person has been convicted of a misdemeanor offense of domestic violence.

(B)

Whoever violates this section is guilty of misdemeanor having weapons while under disability, a misdemeanor punishable by up to one year in jail with a mandatory minimum jail term of at least one hundred eighty (180) consecutive days during which mandatory jail term the defendant shall not be eligible for work release and up to a $1500 fine.

(C)

Any instrumentality that has been used in a violation of this section shall be seized and is subject to forfeiture pursuant to Chapter 2981 of the Ohio Revised Code.

(D)

For the purposes of this section:

(1)

"Under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.

(2)

"Intimate partner" means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.

(3)

"Misdemeanor crime of domestic violence" shall have the same meaning as used in 18 USC §921(a).

(Ord. No. 1116-2018 , § 1, 5-14-2018)