OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 51* Bill Analysis
135th General Assembly
Click here for H.B. 51’s Fiscal Note
Version: As Reported by House Rules and Reference
Primary Sponsors: Reps. Loychik and Schmidt
Effective Date:
Nicholas A. Keller, Attorney
SUMMARY
 Enacts the Ohio Second Amendment Preservation Act.
 Excludes firearm braces and stabilizing devices from laws governing sawed-off firearms
and dangerous ordnance.
 Modifies several provisions of Ohio’s Weapons Control Law that reference federal
firearms laws.
 Prohibits a public office, public officer, or employee of the state or a political subdivision
from enforcing federal law regarding firearms.
 Subjects the state or a political subdivision who employs a law enforcement officer who
knowingly violates the bill’s provisions, or who otherwise knowingly deprives an Ohio
citizen of the right to keep and bear arms, while acting under the color of any state or
federal law, to liability to the injured party in an action at law, suit in equity, or other
proper proceeding for redress, and to a $50,000 penalty per occurrence.
 Subjects the state or a political subdivision to a $50,000 penalty for each employee that
the state or political subdivision knowingly employs who is acting as or previously acted
as a federal official, agent, employee, or deputy who knowingly enforced, attempted to
enforce, or gave material aid or support to others in an attempt to enforce any federal
firearm law after the bill’s effective date.
* This analysis was prepared before the report of the House Rules and Reference Committee appeared
in the House Journal. Note that the legislative history may be incomplete.
December 5, 2023
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TABLE OF CONTENTS
Braces and stabilizing devices ......................................................................................................... 2
References to federal law ............................................................................................................... 2
Second Amendment Preservation Act ............................................................................................ 4
Findings and declarations............................................................................................................ 4
Prohibited acts by public officials................................................................................................ 6
Law enforcement officers ........................................................................................................... 7
Sovereign immunity .................................................................................................................... 9
Severability .................................................................................................................................. 9
Construction of the SAP portion of the bill ................................................................................. 9
Definitions ....................................................................................................................................... 9
Constitutional considerations ....................................................................................................... 11
DETAILED ANALYSIS
Braces and stabilizing devices
The bill makes several changes to Ohio’s Weapons Control Law (WCL)1 regarding braces
and stabilizing devices. First, the bill includes in the definition of “handgun,” for purposes of the
WCL, a handgun with an affixed brace, stabilizing device, arm brace, or pistol brace. The bill also
specifically excludes handguns (including braces as added by the bill) from the definition of
“sawed-off firearm.” And finally, the bill excludes any handgun with an affixed brace, stabilizing
device, arm brace, or pistol brace from the definition of “dangerous ordnance” for purposes of
the WCL. These changes eliminate the possibility that a handgun with an affixed brace,
stabilizing device, arm brace, or pistol brace might be considered a sawed-off firearm or
dangerous ordnance, subject to regulation under existing state law.2
References to federal law
The bill modifies various exceptions and clarifications in the WCL that utilize reference
to federal firearms laws. Specifically, the bill modifies the following references:3
 In the definition of “sawed-off firearm,” a reference to firearms with an overall length of
at least 26 inches approved for sale by the Federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF) under the Gun Control Act of 1968,4 but found not to be
1 R.C. 2923.11 to 2923.25, not in the bill except for R.C. 2923.11, 2923.111, 2923.122, and 2923.17.
2 R.C. 2923.11(C)(2), (F), and (L)(8).
3 R.C. 2923.11(F), (L)(6) and (L)(7); 2923.111(A)(2) and (C)(2); 2923.122(D)(3)(c); and 2923.17(C)(3)
through (6).
4 82 Stat. 1213, 18 United States Code (U.S.C.) 921(a)(3).
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regulated under the National Firearms Act.5 The bill eliminates references to the federal
Gun Control Act of 1968, the federal National Firearms Act, and the ATF, thereby
excluding from the definition of “sawed-off firearm” every firearm with an overall length
of at least 26 inches.
 An exclusion from the definition of “dangerous ordnance” for any device not expressly
excepted from the definition of a destructive device pursuant to the federal Gun Control
Act of 19686 and regulations issued under that Act. The bill instead excludes from
“dangerous ordnance” any device that is expressly excepted from the definition of a
destructive device pursuant to any state or federal law.
 An exclusion from the definition of “dangerous ordnance,” for firearms with an overall
length of at least 26 inches approved for sale by the ATF under the Gun Control Act of
1968,7 but found not to be regulated under the National Firearms Act. 8 Eliminating the
references to the federal Gun Control Act of 1968, the federal National Firearms Act,
and the ATF instead excludes from the definition of “dangerous ordnance” every firearm
with an overall length of at least 26 inches.
 With respect to concealed handgun licensing and authority and the right to carry a
concealed handgun, the reference to persons prohibited from carrying a firearm under
federal law.9 The bill narrows the federal reference to that law as it exists on the
effective date of the bill, and a person is only subject to automatic revocation of
concealed handgun rights and authority if the person has a firearms disability under
Ohio law or the federal firearms disability law as it exists on the bill’s effective date.
 A requirement, to be excluded from the prohibition on carrying a handgun into a school
safety zone, that the person be in the school safety zone in accordance with federal law.
The bill eliminates the requirement in favor of a requirement that the person be in
compliance with “any applicable state or federal law.”10
 In the prohibition against possession of dangerous ordnance, the bill eliminates
references to federal laws governing the licensure of importers, manufacturers, and
dealers in destructive devices or their ammunition;11 governing the sale, loan, or
conveyance of surplus ordnance by the Secretary of the Army;12 and governing the
5 68A Stat. 725 (1934), 26 U.S.C. 5845(a).
6 82 Stat. 1213, 18 U.S.C. 921(a)(4).
7 82 Stat. 1213, 18 U.S.C. 921(a)(3).
8 68A Stat. 725 (1934), 26 U.S.C. 5845(a).
9 18 U.S.C. 922(g)(1) to (9).
10 18 U.S.C. 922 (q)(2)(B).
11 82 Stat. 1213, 18 U.S.C. 923.
12 70A Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686.
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registration of dangerous ordnance owners in the National Firearms Registration and
Transfer Record13 and instead requires those importers, manufacturers, dealers, and
other persons to act in compliance with any applicable state or federal law to be
excluded from the prohibition.
 The bill modifies a requirement that a person engaged in the business of transporting or
storing goods for hire, with respect to dangerous ordnance lawfully transported or
stored in the usual course of their business, comply with both Ohio laws and applicable
federal laws to be excluded from the prohibition against possession of dangerous
ordnance under Ohio law and instead requires that they comply with Ohio laws or
applicable federal laws to be excluded.
Second Amendment Preservation Act
Findings and declarations
The bill names its provisions the Second Amendment Preservation Act, and contains the
following findings and declarations of the General Assembly:14
The General Assembly of the state of Ohio is firmly
resolved to support and defend the Constitution of the United
States against every aggression, whether foreign or domestic, and
is duty-bound to oppose every infraction of those principles that
constitute the basis of the union of the states because only a
faithful observance of those principles can secure the union’s
existence and the public happiness.
Acting through the Constitution of the United States, the
people of the several states created the federal government to be
their agent in the exercise of a few defined powers, while
reserving for the state governments the power to legislate on
matters concerning the lives, liberties, and properties of citizens
in the ordinary course of affairs.
The limitation of the federal government’s power is
affirmed under the Tenth Amendment to the United States
Constitution, which defines the total scope of federal powers as
being those which have been delegated by the people of the
several states to the federal government, and all powers not
delegated to the federal government in the Constitution of the
United States are reserved to the states respectively or the people
themselves.
13 82 Stat. 1229, 26 U.S.C. 5841.
14 R.C. 2923.50(L) and Section 3.
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If the federal government assumes powers that the people
did not grant it in the Constitution of the United States, its acts
are unauthoritative and of no force.
The several states of the United States respect the proper
role of the federal government but reject the proposition that
such respect requires unlimited submission. If the federal
government, created by a compact among the states, were the
exclusive or final judge of the extent of the powers granted to it
by the states through the Constitution of the United States, the
federal government’s discretion, and not the Constitution of the
United States, would necessarily become the measure of those
powers. To the contrary, as in all other cases of compacts among
powers having no common judge, each party has an equal right to
judge for itself as to whether infractions of the compact have
occurred, as well as to determine the mode and measure of
redress. Although the several states have granted supremacy to
laws and treaties made under the powers granted in the
Constitution of the United States, such supremacy does not
extend to various federal statutes, executive orders,
administrative orders, court orders, rules, regulations, or other
actions that collect data or restrict or prohibit the manufacture,
ownership, and use of firearms, firearm accessories, or
ammunition exclusively within the borders of Ohio; such statutes,
executive orders, administrative orders, court orders, rules,
regulations, and other actions exceed the powers granted to the
federal government except to the extent they are necessary and
proper for governing and regulating the United States armed
forces or for organizing, arming, and disciplining militia forces
actively employed in the service of the United States armed
forces.
The people of the several states have given Congress the
power “to regulate commerce with foreign nations, and among
the several states,” but “regulating commerce” does not include
the power to limit citizens’ right to keep and bear arms in defense
of their families, neighbors, persons, or property nor to dictate
what sort of arms and accessories law-abiding citizens may buy,
sell, exchange, or otherwise possess within the borders of this
state.
The people of the several states also have granted
Congress the power “to lay and collect taxes, duties, imports, and
excises, to pay the debts, and provide for the common defense
and general welfare of the United States” and “to make all laws
which shall be necessary and proper for carrying into execution
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the powers vested by the Constitution of the United States in the
government of the United States, or in any department or office
thereof.” These constitutional provisions merely identify the
means by which the federal government may execute its limited
powers and shall not be construed to grant unlimited power
because to do so would be to destroy the carefully constructed
equilibrium between the federal and state governments.
Consequently, the General Assembly rejects any claim that the
taxing and spending powers of Congress may be used to diminish
in any way the right of the people to keep and bear arms.
The General Assembly of the state of Ohio finds that the
federal excise tax rate on arms and ammunition in effect before
January 1, 2021, which funds programs under the Wildlife
Restoration Act, does not have a chilling effect on the purchase or
ownership of such arms and ammunition.
The people of Ohio have vested the General Assembly
with the authority to regulate the manufacture, possession,
exchange, and use of firearms within the borders of this state,
subject only to the limits imposed by the Second Amendment to
the United States Constitution and the Constitution of Ohio.
The General Assembly of the state of Ohio strongly
promotes responsible gun ownership, including parental
supervision of minors in the proper use, storage, and ownership
of all firearms; the prompt reporting of stolen firearms; and the
proper enforcement of all state gun laws. The General Assembly
of the state of Ohio hereby condemns any unlawful transfer of
firearms and the use of any firearm in any criminal or unlawful
activity.
Prohibited acts by public officials<