As Introduced
135th General Assembly
Regular Session H. B. No. 644
2023-2024
Representatives Thomas, C., Grim
Cosponsors: Representatives Liston, McNally, Sims, Troy, Denson, Brown,
Brennan, Baker, Robinson
A BILL
To amend sections 2923.13 and 2923.14 and to enact 1
section 2923.133 of the Revised Code to prohibit 2
certain conduct regarding trigger cranks, bump- 3
fire devices, and other items that accelerate a 4
semi-automatic firearm's rate of fire but do not 5
convert it into an automatic firearm. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.13 and 2923.14 be amended 7
and section 2923.133 of the Revised Code be enacted to read as 8
follows: 9
Sec. 2923.13. (A) Unless relieved from disability under 10
operation of law or legal process, no person shall knowingly 11
acquire, have, carry, or use any firearm or dangerous ordnance, 12
if any of the following apply: 13
(1) The person is a fugitive from justice. 14
(2) The person is under indictment for or has been 15
convicted of any felony offense of violence or has been 16
adjudicated a delinquent child for the commission of an offense 17
H. B. No. 644 Page 2
As Introduced
that, if committed by an adult, would have been a felony offense 18
of violence. 19
(3) The person is under indictment for or has been 20
convicted of any felony offense involving the illegal 21
possession, use, sale, administration, distribution, or 22
trafficking in any drug of abuse or has been adjudicated a 23
delinquent child for the commission of an offense that, if 24
committed by an adult, would have been a felony offense 25
involving the illegal possession, use, sale, administration, 26
distribution, or trafficking in any drug of abuse. 27
(4) The person has a drug dependency, is in danger of drug 28
dependence, or has chronic alcoholism. 29
(5) The person is under adjudication of mental 30
incompetence, has been committed to a mental institution, has 31
been found by a court to be a person with a mental illness 32
subject to court order, or is an involuntary patient other than 33
one who is a patient only for purposes of observation. As used 34
in this division, "person with a mental illness subject to court 35
order" and "patient" have the same meanings as in section 36
5122.01 of the Revised Code. 37
(6) The person has been convicted of a violation of 38
section 2923.133 of the Revised Code or has been adjudicated a 39
delinquent child for the commission of a violation of that 40
section. 41
(B) Whoever violates this section is guilty of having 42
weapons while under disability, a felony of the third degree. 43
(C) For the purposes of this section, "under operation of 44
law or legal process" shall not itself include mere completion, 45
termination, or expiration of a sentence imposed as a result of 46
H. B. No. 644 Page 3
As Introduced
a criminal conviction. 47
Sec. 2923.133. (A) On and after the date that is one 48
hundred eighty days after the effective date of this section, no 49
person shall import, manufacture, sell, transfer, or possess a 50
trigger crank, a bump-fire device, or any part, combination of 51
parts, component, device, attachment, or accessory that is 52
designed or functions to accelerate the rate of fire of a semi- 53
automatic firearm but not convert the semi-automatic firearm 54
into an automatic firearm. 55
(B) This section does not apply with respect to the 56
importation for, manufacture for, sale to, transfer to, or 57
possession of any item specified in division (A) of this section 58
by or under authority of the United States or any department or 59
agency of the United States or by this state, any other state, 60
or a department, agency, or political subdivision of this state 61
or any other state. 62
(C) Whoever violates division (A) of this section is 63
guilty of "illegal rate-of-fire acceleration conduct," a felony 64
of the fourth degree. 65
Sec. 2923.14. (A)(1) Except as otherwise provided in 66
division (A)(2) of this section, any person who is prohibited 67
from acquiring, having, carrying, or using firearms may apply to 68
the court of common pleas in the county in which the person 69
resides for relief from such prohibition. 70
(2) Division (A)(1) of this section does not apply to a 71
person who has been convicted of or pleaded guilty to a 72
violation of section 2923.132 of the Revised Code or to a person 73
who, two or more times, has been convicted of or pleaded guilty 74
to a felony and a specification of the type described in section 75
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As Introduced
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424 76
of the Revised Code. 77
(B) The application shall recite the following: 78
(1) All indictments, convictions, or adjudications upon 79
which the applicant's disability is based, the sentence imposed 80
and served, and any release granted under a community control 81
sanction, post-release control sanction, or parole, any partial 82
or conditional pardon granted, or other disposition of each 83
case, or, if the disability is based upon a factor other than an 84
indictment, a conviction, or an adjudication, the factor upon 85
which the disability is based and all details related to that 86
factor; 87
(2) Facts showing the applicant to be a fit subject for 88
relief under this section. 89
(C) A copy of the application shall be served on the 90
county prosecutor. The county prosecutor shall cause the matter 91
to be investigated and shall raise before the court any 92
objections to granting relief that the investigation reveals. 93
(D) Upon hearing, the court may grant the applicant relief 94
pursuant to this section, if all of the following apply: 95
(1) One of the following applies: 96
(a) If the disability is based upon an indictment, a 97
conviction, or an adjudication, the applicant has been fully 98
discharged from imprisonment, community control, post-release 99
control, and parole, or, if the applicant is under indictment, 100
has been released on bail or recognizance. 101
(b) If the disability is based upon a factor other than an 102
indictment, a conviction, or an adjudication, that factor no 103
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As Introduced
longer is applicable to the applicant. 104
(2) The applicant has led a law-abiding life since 105
discharge or release, and appears likely to continue to do so. 106
(3) The applicant is not otherwise prohibited by law from 107
acquiring, having, or using firearms. 108
(E) Costs of the proceeding shall be charged as in other 109
civil cases, and taxed to the applicant. 110
(F) Relief from disability granted pursuant to this 111
section restores the applicant to all civil firearm rights to 112
the full extent enjoyed by any citizen, and is subject to the 113
following conditions: 114
(1) Applies only with respect to indictments, convictions, 115
or adjudications, or to the other factor, recited in the 116
application as the basis for the applicant's disability; 117
(2) Applies only with respect to firearms lawfully 118
acquired, possessed, carried, or used by the applicant; 119
(3) May be revoked by the court at any time for good cause 120
shown and upon notice to the applicant; 121
(4) Is automatically void upon commission by the applicant 122
of any offense set forth in division (A)(2) or, (3), or (6) of 123
section 2923.13 of the Revised Code, or upon the applicant's 124
becoming one of the class of persons named in division (A)(1), 125
(4), or (5) of that section. 126
(G) As used in this section: 127
(1) "Community control sanction" has the same meaning as 128
in section 2929.01 of the Revised Code. 129
(2) "Post-release control" and "post-release control 130
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As Introduced
sanction" have the same meanings as in section 2967.01 of the 131
Revised Code. 132
Section 2. That existing sections 2923.13 and 2923.14 of 133
the Revised Code are hereby repealed. 134
Statutes affected: As Introduced: 2923.13, 2923.14