In a previous post I mentioned the fact that Dayton has an assault weapon ban. I contacted the City Commissioners office and was faxed a copy of the ordinance. I typed it out on a word file and if anyone is interested I can email it to them.  We just found out about it the other weekend from a friend on the police force. It has been in effect since 5/94.  Sure am glad I don't live inside the city limits!

Dave

What does the state of Ohio say about their law? If you know nothing about it, maybe it's because they know they can not enforce it.

this pretty much sums it up:

138.25 Prohibitions:

No person shall sell, offer or display for sale, give, lend or transfer ownership of, acquire or possess any assault weapon.


138.26 Seizure and Destruction of Assault Weapons:

Any assault weapon is hereby declared to be contraband and shall be seized and disposed of as authorized by law.

138.27 Penalty:

(A) Any person who violates any provision of 138.25 shall be guilty of a misdemeanor of the first degree.

(B) Each calendar day that any violation of 138.25 is repeated or continued shall constitute a separate offense.

(C) If any person who violates any provision of 138.25 was, at the time of the commission of such offense, also committing any drug offense, he or she shall be sentenced to serve the maximum term of imprisonment; 180 days.  In addition, the offender shall be fined the maximum fine permitted; $1,000.00. These terms of imprisonment and fine are mandatory, shall not be suspended, and must be imposed by the Court.

So, given that they don't seem to actually define what an "assault weapon" is, do they just go by the federal '94 ban guidelines?  Cause any post-ban gun would then NOT be an "assault weapon".  Strange.

How hard would it to get this thing declaired unconstitutional for being too vague?  Can I have an "assault pencil"?  How about an "assault ping-pong ball"?

Woo hoo! JUST MOVE to kalifornia. At least they let you keep your "assault weapons", that is if you can get it registered.

that was just a clip here is thier definition of assault weapons.  youll get a kick out of this.


(A) “Assault weapon” means:

(1) Any rifle or carbine:

(a) With detachable magazine capable of containing more than 10 rounds of ammunition, either inserted into the weapon or readily accessible, or;
(b) With a permanent magazine capable of containing more than 10 rounds of ammunition, or;
(c) Which is a modification of a rifle or carbine as defined in (a)(1)(a) or (b), above so as to be fired while being held in one hand.

(2) Any shotgun

(a) With a detachable magazine capable of containing more than 6 rounds of ammunition, either inserted into the weapon or readily accessible, or;
(b) With a permanent magazine capable of containing more than 6 rounds of ammunition.

(3) Any handgun:

(a) With a detachable magazine capable of containing more than 20 rounds of ammunition, either inserted into the weapon or readily accessible, or;
(b) With a permanent magazine capable of containing more than 20 rounds of ammunition.

(4) Any firearm which may be easily restored to an operable assault weapon as defined in division (A)(1), (A)(2), or (A)(3).

(5) A rifle/carbine magazine, capable of containing more than 10 rounds of ammunition, or;

(a) A handgun magazine, capable of containing more than 20 rounds of ammunition, or;
(b) A shotgun magazine capable of containing more than 6 rounds of ammunition.


(6) Concerning sections (A)(1), (A)(2), (A)(3), (A)(4) and (A)(5); magazines need not be loaded to be in violation of this ordinance.

SO according to that My Marlin Model 60 would be an assualt weapon!
Them Bastards!!! I guess the suqirrels around there complained enough!
-Chuck
[uzi]

OOPS, left out this part sorry.


(B) Assault weapon does not include any of the following:

(1) any firearm that uses .22 caliber rimfire ammunition with a detachable of fixed magazine capable of containing 20 or fewer rounds of ammunition

(2) Any assault weapon which has been modified to either render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.

If this is true, how does the gun show at the Hara Arena not get shut down?  Is it actually outside of Dayton proper? Man, talk about ugly if they walked in there this Saturday and tried to round everyone up.

I know Hara is not inside the Dayton city limits. I think its in Trotwood.

Dave

If I rember right,it is illegal to use a
Beta-c mag in a semi-auto AR in ohio,any semi
auto with a mag capacity of over 30rds is
considered a machine gun.


Stupid,huh?


So you best not use your 40rd AK mags in ohio
either.

Sounds like something my Peice of Shit city (Philadelphia) would do.
Every once in a while they do actually try to pass gun laws but there is a state law that forbids any city or county from enacting gun laws. I think its Uniform Firearms Act.
For years our city refused to grant CCW permits even though the state had a CCW law in place. Its one of the first things our current Governor ended when he took office, I think in response to a lawsuit.

Has anyone been persecuted (more appropriate term) under this law? It covers so much. Like a Glock 26 w/ 33rd scherer mag. Mossberg 590. Here in Nevada, the state legislature passed a law that gives them sole control of gun laws in the state. Municipalities, counties, and cities may only dictate where firearms are unlawful to fire.

Here in Louisiana, the city of New Orleans was thinking about a similiar measure, but they got shut down.  It seems that the state constitution restricts firearms regulation to the state legislature.

I think that this is even too vague... isn't that why California had to specifically NAME each type of gun that they wanted to ban?  I thought their first attempt was declaried unconstitutional.

This makes a whole lotta glocks with 33rd mags and Beretta's with 25rd's illegal.

What a load of crap.  Dayton is one screwy place.  Of course, here in Columbus, we can't have 20 or 30rd "high capacity" magazines.  I break that one on a regular basis.

The 31+ rounds = machine gun law is quite screwy as well.  Not only Beta-C mags, but belt fed guns can only have 30 round belts.

Tony Capizzi was behind this when he was a councilman.  If I remember correctly, he's mayor now.  I've never heard of anybody being prosecuted for this.  As far as I know nobody has ever gotten upset about this law being passed because the city of Dayton is such a big enema hole that nobody would live there unless they were too poor to afford an AR or they had to because of the residency rule for public employees.  

Is the Arms Depot in the city limits of Dayton?    

I never thought of that. Arms Depot is in the city limits. I wonder how John gets away with that. The lady at the city office never said anything about that ordinance being repealed. I will have to ask him next time I am in there.

Dave

****  You are correct,but you can use and own beta-c's just can't have more than 31 rounds in your firearm.i believe but don't know as fact that the dayton law follows the guidelines set forth in the '94 crime bill.if you're legal by the '94 ban,then you shouldn't have any problems in my opinon.mmk

i will call the city commission office again in the morning and talk to someone besides the desk clerk and find out exactly what the deal is. Hopefully they threw it out the window. My cousin sure would like his guns back!

Dave

Chuck, Are you saying that the Cin. law was declared unconstitutional and no longer in effect?

Also, what happens if you are traveling I-75 to a shoot or a gun show and get stopped for speeding in dayton. They search your car and find what they consider "assault guns"!