06-19 - Repeal 549.051 Sale, Possession, and use of stun guns

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(1) Any firearm of crude and extemporized manufacture; (2) Any device, including, without limitation, a starter's pistol, not designed as a firearm, but which is specially adapted for use as a firearm; (3) Any industrial tool, signaling device or safety device, not designed as a fire- arm, but which as designed is capable of use as such, when possessed, carried or used as a firearm. Section 3. Section 549.03, Using Weapons While Intoxicated, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 549.03 USING WEAPONS WHILE INTOXICATED. (a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance. (b) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. (ORC 2923.15) is hereby repealed, and new Section 549.03, Using Weapons While Intoxicated, of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 549.03 USING WEAPONS WHILE INTOXICATED. (a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm, stun gun or dangerous ordnance. (b) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. CORC 2923.15) Section 4. Section 549.04, Improperly Handling Firearms in a Motor Vehicle, of the Cod - ified Ordinances of the City of Lakewood, currently reading as follows: 549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE. (a) No person shall knowingly discharge a firearm while in or on a motor ve- hicle. (b) 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 pas- senger without leaving the vehicle. (c) 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. (d) This section does not apply to officers, agents or employees of this or any other state or 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. (e) The affirmative defenses contained in Section 549.02(c)(1) and (2) are af- firmative defenses to a charge under subsection (b) or (c) hereof. (f) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of subsection (a) or (b) hereof is a misdemeanor of the first degree. Violation of subsection (c) hereof is a misdemeanor of the fourth degree.