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

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(g) As used in this section, "unloaded" means, with respect to a firearm em- ploying a percussion cap, flintlock or other obsolete ignition system, when the weapon is uncapped, or when the priming charge is removed from the pan. (ORC 2923.16) is hereby repealed, and new Section 549.04, Improperly Handling Firearms in a Motor Vehicle, of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE. (a) No person shall knowingly discharge a firearm or stun gun while in or on a motor vehicle. (b) No person shall knowingly transport or have a loaded firearm or a stun gun in a motor vehicle, in such manner that the firearm or stun gun is accessible to the operator or any passenger without leaving the vehicle. (c) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is canned 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 shipped, 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 or stun guns 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. (g) As used in this section, "unloaded" means, with respect to a firearm em- ploying a percussion cap, flintlock or other obsolete ignition system, when the weapon is uncapped, or when the priming charge is removed from the pan. (ORC 2923.16) Section 5. Section 549.06, Failure to Secure Dangerous Ordnance, of the Codified Ordi- nances of the City of Lakewood, currently reading as follows: 549.06 FAILURE TO SECURE DANGEROUS ORDNANCE. (a) No person, in acquiring, possessing, carrying or using any dangerous ord- nance shall negligently fail to take proper precautions: (1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person; (2) To insure the safety of persons and property. (b) Whoever violates this section is guilty of failure to secure dangerous ord- nance, a misdemeanor of the second degree. (ORC 2923.19) is hereby repealed, and new Section 549.06, Failure to Secure Dangerous Ordnance, of the Codi- fied Ordinances of the City of Lakewood is hereby enacted to read as follows: 549.06 FAILURE TO SECURE DANGEROUS ORDNANCE.