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HB 228 - Establishes New Self-Defense and Firearm Handling Rules - Ohio Key Vote

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Issues Related to HB 228

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Legislation - Bill Passed With Amendment (House) (65-32) - (Key vote)
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Title: Establishes New Self-Defense and Firearm Handling Rules

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Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes new self-defense and firearm handling rules.

Highlights:

 

  • Authorizes individuals to own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture, or keep any firearm, part of a firearm, its components, or its ammunition (Sec. 1).

  • Specifies any further licensing, permission, restriction, delay, or process interfering with the right to own a firearm by any local ordinance are preempted, superseded by, and declared null and void by the state (Sec. 1)

  • Authorizes a person, group, or entity adversely affected by any manner of ordinance, rule, regulation, resolution, practice, or other action enacted or enforced by a political subdivision in conflict with this bill to bring a civil action against the political subdivision seeking damages, declaratory relief, injunctive relief, or a combination of those remedies (Sec. 1).

  • Amends that a dangerous ordnance does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the “Gun Control Act of 1968”, but is found by the bureau not to be regulated under the “National Firearms Act” (Sec. 1).

  • Requires a trier of fact to not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that’s person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety (Sec. 1).

  • Specifies that the affirmative defense of self-defense, defense of another, or defense of that person’s residence is not available in a tort action to any of the following (Sec. 1):

    • An individual who uses force during the person’s attempted commission, commission, or escape after the commission or attempted commision of a felony offense of violence; or

    • An individual who uses for against another, who is an aggressor, if the individual initially provoked the aggressor to use force or threat of force against the individual.

    • An individual who uses force to resist an unlawful arrest, if the person knowingly uses force against a peace officer;

    • An individual who uses force to resist a lawful arrest, if the person uses force against an individual making the arrest or against an individual assisting in making the arrest; or

    • An individual who uses force against a peace officer, or an individual assisting a peace officer, if the peace officer is acting in the performance of the peace officer’s official duties.

  • Specifies that the use of force or threat of force by the aggressor is sufficient for the person’t reasonable belief that the person is in imminent danger of death or great bodily harm, and the person exhausts all reasonable means of escape other than the use of force or threat of force that is likely to cause death or great bodily harm to the aggressor (Sec. 1).

  • Specifies the use of force or threat of force by the aggressor continues or resume after the person, in good faith, withdraws from physical contact and clearly indicates the desire to withdraw and terminate the use of force or threat of force by the person or the aggressor (Sec. 1).

  • Authorizes individuals to protect themselves, their families, and other from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves or others (Sec. 1).

  • Requires the court to award reasonable expenses to any person, group, or entity that brings the action, to be paid by the political subdivision, if either of the following applies (Sec. 1):

    • The person, group, or entity prevails in a challenge to the ordinance, rule, regulation, resolution, practice, or action as being in conflict with this bill; or

    • The ordinance, rule, regulation, resolution, practice, or action or the manner of its enforcement is repealed or rescinded after the civil action was filed but prior to a final court determination of the action.

  • Prohibits a rental agreement for subsidized residential premises from containing provisions that requires a person to agree to a prohibition or restriction on the ownership, use, or possession of a firearm (Sec. 1).

  • Authorizes a tenant, tenant’s household member, or tenant’s guest who are affected by the enforcement to recover actual damages sustained, as while as court costs, and reasonable attorney’s fees (Sec. 1).

  • Specifies that a landlord is not liable in a civil action for injury, death, or loss to person or property or other damages resulting from or arising out of an occurrence involving a firearm, a firearm component, or ammunition that the landlord is required to allow on the property (Sec. 1).

  • Defines “person, group, or entity adversely affected” as the following (Sec. 1):

    • An individual who has standing under the law of Ohio to bring civil action;

    • A resident of this state who may legally possess a firearm under the law of this state and the United States;

    • A membership organization, group, or entity, the members of which include one or more individuals.

  • Defines “reasonable expenses” as including, but not limited to, reasonable attorney’s fees, court costs, expert witness fees, and compensation for loss of income (Sec. 1).

  • Defines “materially false information” as information regarding the transfer of a firearm or ammunition that portrays an illegal transaction as legal or a legal transaction as illegal (Sec. 1).

  • Defines “private seller” as an individual who sells, offers for sale, or transfers a firearm or ammunition and who is not a federally licensed firearms dealer (Sec. 1).

  • Defines “subsidized residential premises” as a residential premises for which the landlord receives rental assistance payments under a rental assistance agreement administered by the United States Department of Agriculture under the multifamily housing rental assistance program under Title V of the federal housing act of 1949 or receives housing assistance payments under a housing assistance payment contract administered by the United States
    Department of Housing and Urban Development under the housing choice voucher program, the new construction program, the substantial rehabilitation program or the moderate rehabilitation program (Sec. 1).

Legislation - Introduced (House) -

Title: Establishes New Self-Defense and Firearm Handling Rules

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