Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                            Legislative Budget
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                             H.B. 551                              Bill Analysis
                  135th   General Assembly
                                                                   Click here for H.B. 551’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Wiggam
Effective date:
Ashley F. Dean, Attorney
                                                        SUMMARY
                     Prohibits a person who is an alien and is illegally or unlawfully in the Unites States from
                          possessing a firearm.
                                                  DETAILED ANALYSIS
Having weapons while under disability
       The bill expands the offense of having weapons while under disability by also prohibiting
a person who is an alien and is illegally or unlawfully in the United States from knowingly
acquiring, having, carrying, or using any firearm or dangerous ordnance.1
        Continuing law prohibits a person who is in any of five specified categories (the
disabilities) from knowingly acquiring, having, carrying, or using any firearm or dangerous
ordnance. A violation of the prohibition is the offense of “having weapons while under
disability,” a third degree felony.
                          The five specified categories of persons with respect to which the prohibition applies
are:
                    1. A person who is a fugitive from justice;
                    2. A person who is under indictment for, has been convicted of, or has been adjudicated a
                       delinquent child for committing an “offense of violence” that is a felony;
                    3. A person who is under indictment for, has been convicted of, or has been adjudicated a
                       delinquent child for committing a felony offense involving the illegal possession, use,
                       sale, administration, distribution, or trafficking in any drug of abuse;
1                 R.C. 2923.13(A)(6).
                                                                                                           June 25, 2024
Office of Research and Drafting                 LSC                          Legislative Budget Office
      4. A person who is drug dependent, in danger of drug dependence, or a chronic alcoholic;
         and
      5. A person who is under adjudication of mental incompetence, has been adjudicated as a
         mental defective, has been committed to a mental institution, has been found by a
         court to be a “mentally ill person subject to court order,” or is an involuntary patient
         other than one who is a “patient” only for purposes of observation.
       The bill creates a sixth category, to prohibit a person who is an alien and is illegally or
unlawfully in the United States from knowingly acquiring, having, carrying, or using any firearm
or dangerous ordnance.2
                                            HISTORY
                             Action                                        Date
Introduced                                                05-15-24
ANHB0551IN-135/sb
2   R.C. 2923.13(A)(6) and 2923.14(F)(4).
P a g e |2                                                                                   H.B. 551
                                                                                       As Introduced