HB 331

As Introduced
136th General Assembly
   Regular Session  H. B. No. 331
       2025-2026
  Representatives Deeter, Fischer
  To amend sections 1533.04, 2923.11, and 2923.17 of  1
  the Revised Code to remove firearm mufflers and  2
  suppressors from the classification of dangerous  3
  ordnance.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 1533.04, 2923.11, and 2923.17 of  5
the Revised Code be amended to read as follows:  6
     Sec. 1533.04. (A) A person who holds a valid hunting  7
license issued under this chapter and who hunts game birds or  8
wild quadrupeds may use a suppressor attached to a gun that is  9
authorized to be used for hunting by section 1533.16 of the  10
Revised Code while hunting, provided that the person is  11
authorized to possess the suppressor under state and federal  12
laws and has registered the suppressor in accordance with the  13
"National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841,  14
et seq., as amended.  15
     (B) As used in this section, "suppressor" means any device  16
used for diminishing the sound of any shot, bullet, or  17
projectile that is discharged from a gun that is authorized to  18
be used for hunting by section 1533.16 of the Revised Code.  19
     Sec. 2923.11. As used in sections 2923.11 to 2923.24 of  20
H. B. No. 331  Page 2
As Introduced
the Revised Code:  21
       (A) "Deadly weapon" means any instrument, device, or thing  22
capable of inflicting death, and designed or specially adapted  23
for use as a weapon, or possessed, carried, or used as a weapon.  24
       (B)(1) "Firearm" means any deadly weapon capable of  25
expelling or propelling one or more projectiles by the action of  26
an explosive or combustible propellant. "Firearm" includes an  27
unloaded firearm, and any firearm that is inoperable but that  28
can readily be rendered operable.  29
       (2) When determining whether a firearm is capable of  30
expelling or propelling one or more projectiles by the action of  31
an explosive or combustible propellant, the trier of fact may  32
rely upon circumstantial evidence, including, but not limited  33
to, the representations and actions of the individual exercising  34
control over the firearm.  35
       (C) "Handgun" means any of the following:  36
       (1) Any firearm that has a short stock and is designed to  37
be held and fired by the use of a single hand;  38
       (2) Any combination of parts from which a firearm of a  39
type described in division (C)(1) of this section can be  40
assembled.  41
       (D) "Semi-automatic firearm" means any firearm designed or  42
specially adapted to fire a single cartridge and automatically  43
chamber a succeeding cartridge ready to fire, with a single  44
function of the trigger.  45
       (E) "Automatic firearm" means any firearm designed or  46
specially adapted to fire a succession of cartridges with a  47
single function of the trigger.  48
H. B. No. 331  Page 3
As Introduced
       (F) "Sawed-off firearm" means a shotgun with a barrel less  49
than eighteen inches long, or a rifle with a barrel less than  50
sixteen inches long, or a shotgun or rifle less than twenty-six  51
inches long overall. "Sawed-off firearm" does not include any  52
firearm with an overall length of at least twenty-six inches  53
that is approved for sale by the federal bureau of alcohol,  54
tobacco, firearms, and explosives under the "Gun Control Act of  55
1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by  56
the bureau not to be regulated under the "National Firearms  57
Act," 68A Stat. 725 (1934), 26 U.S.C. 5845(a).  58
       (G) "Zip-gun" means any of the following:  59
       (1) Any firearm of crude and extemporized manufacture;  60
       (2) Any device, including without limitation a starter's  61
pistol, that is not designed as a firearm, but that is specially  62
adapted for use as a firearm;  63
       (3) Any industrial tool, signalling device, or safety  64
device, that is not designed as a firearm, but that as designed  65
is capable of use as such, when possessed, carried, or used as a  66
firearm.  67
       (H) "Explosive device" means any device designed or  68
specially adapted to cause physical harm to persons or property  69
by means of an explosion, and consisting of an explosive  70
substance or agency and a means to detonate it. "Explosive  71
device" includes without limitation any bomb, any explosive  72
demolition device, any blasting cap or detonator containing an  73
explosive charge, and any pressure vessel that has been  74
knowingly tampered with or arranged so as to explode.  75
       (I) "Incendiary device" means any firebomb, and any device  76
designed or specially adapted to cause physical harm to persons  77
H. B. No. 331  Page 4
As Introduced
or property by means of fire, and consisting of an incendiary  78
substance or agency and a means to ignite it.  79
       (J) "Ballistic knife" means a knife with a detachable  80
blade that is propelled by a spring-operated mechanism.  81
       (K) "Dangerous ordnance" means any of the following,  82
except as provided in division (L) of this section:  83
       (1) Any automatic or sawed-off firearm, zip-gun, or  84
ballistic knife;  85
       (2) Any explosive device or incendiary device;  86
       (3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,  87
cyclonite, TNT, picric acid, and other high explosives; amatol,  88
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other  89
high explosive compositions; plastic explosives; dynamite,  90
blasting gelatin, gelatin dynamite, sensitized ammonium nitrate,  91
liquid-oxygen blasting explosives, blasting powder, and other  92
blasting agents; and any other explosive substance having  93
sufficient brisance or power to be particularly suitable for use  94
as a military explosive, or for use in mining, quarrying,  95
excavating, or demolitions;  96
       (4) Any firearm, rocket launcher, mortar, artillery piece,  97
grenade, mine, bomb, torpedo, or similar weapon, designed and  98
manufactured for military purposes, and the ammunition for that  99
weapon;  100
       (5) Any firearm muffler or suppressor;  101
       (6) Any combination of parts that is intended by the owner  102
for use in converting any firearm or other device into a  103
dangerous ordnance.  104
       (L) "Dangerous ordnance" does not include any of the  105
H. B. No. 331  Page 5
As Introduced
following:  106
       (1) Any firearm, including a military weapon and the  107
ammunition for that weapon, and regardless of its actual age,  108
that employs a percussion cap or other obsolete ignition system,  109
or that is designed and safe for use only with black powder;  110
       (2) Any pistol, rifle, or shotgun, designed or suitable  111
for sporting purposes, including a military weapon as issued or  112
as modified, and the ammunition for that weapon, unless the  113
firearm is an automatic or sawed-off firearm;  114
       (3) Any cannon or other artillery piece that, regardless  115
of its actual age, is of a type in accepted use prior to 1887,  116
has no mechanical, hydraulic, pneumatic, or other system for  117
absorbing recoil and returning the tube into battery without  118
displacing the carriage, and is designed and safe for use only  119
with black powder;  120
       (4) Black powder, priming quills, and percussion caps  121
possessed and lawfully used to fire a cannon of a type defined  122
in division (L)(3) of this section during displays,  123
celebrations, organized matches or shoots, and target practice,  124
and smokeless and black powder, primers, and percussion caps  125
possessed and lawfully used as a propellant or ignition device  126
in small-arms or small-arms ammunition;  127
       (5) Dangerous ordnance that is inoperable or inert and  128
cannot readily be rendered operable or activated, and that is  129
kept as a trophy, souvenir, curio, or museum piece;  130
       (6) Any device that is expressly excepted from the  131
definition of a destructive device pursuant to the "Gun Control  132
Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended,  133
and regulations issued under that act;  134
H. B. No. 331  Page 6
As Introduced
       (7) Any firearm with an overall length of at least twenty-  135
six inches that is approved for sale by the federal bureau of  136
alcohol, tobacco, firearms, and explosives under the "Gun  137
Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but  138
that is found by the bureau not to be regulated under the  139
"National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C.  140
5845(a).  141
       (M) "Explosive" means any chemical compound, mixture, or  142
device, the primary or common purpose of which is to function by  143
explosion. "Explosive" includes all materials that have been  144
classified as division 1.1, division 1.2, division 1.3, or  145
division 1.4 explosives by the United States department of  146
transportation in its regulations and includes, but is not  147
limited to, dynamite, black powder, pellet powders, initiating  148
explosives, blasting caps, electric blasting caps, safety fuses,  149
fuse igniters, squibs, cordeau detonant fuses, instantaneous  150
fuses, and igniter cords and igniters. "Explosive" does not  151
include "fireworks," as defined in section 3743.01 of the  152
Revised Code, or any substance or material otherwise meeting the  153
definition of explosive set forth in this section that is  154
manufactured, sold, possessed, transported, stored, or used in  155
any activity described in section 3743.80 of the Revised Code,  156
provided the activity is conducted in accordance with all  157
applicable laws, rules, and regulations, including, but not  158
limited to, the provisions of section 3743.80 of the Revised  159
Code and the rules of the fire marshal adopted pursuant to  160
section 3737.82 of the Revised Code.  161
       (N)(1) "Concealed handgun license" or "license to carry a  162
concealed handgun" means, subject to division (N)(2) of this  163
section, a license or temporary emergency license to carry a  164
concealed handgun issued under section 2923.125 or 2923.1213 of  165
H. B. No. 331  Page 7
As Introduced
the Revised Code or a license to carry a concealed handgun  166
issued by another state with which the attorney general has  167
entered into a reciprocity agreement under section 109.69 of the  168
Revised Code.  169
       (2) A reference in any provision of the Revised Code to a  170
concealed handgun license issued under section 2923.125 of the  171
Revised Code or a license to carry a concealed handgun issued  172
under section 2923.125 of the Revised Code means only a license  173
of the type that is specified in that section. A reference in  174
any provision of the Revised Code to a concealed handgun license  175
issued under section 2923.1213 of the Revised Code, a license to  176
carry a concealed handgun issued under section 2923.1213 of the  177
Revised Code, or a license to carry a concealed handgun on a  178
temporary emergency basis means only a license of the type that  179
is specified in section 2923.1213 of the Revised Code. A  180
reference in any provision of the Revised Code to a concealed  181
handgun license issued by another state or a license to carry a  182
concealed handgun issued by another state means only a license  183
issued by another state with which the attorney general has  184
entered into a reciprocity agreement under section 109.69 of the  185
Revised Code.  186
       (O) "Valid concealed handgun license" or "valid license to  187
carry a concealed handgun" means a concealed handgun license  188
that is currently valid, that is not under a suspension under  189
division (A)(1) of section 2923.128 of the Revised Code, under  190
section 2923.1213 of the Revised Code, or under a suspension  191
provision of the state other than this state in which the  192
license was issued, and that has not been revoked under division  193
(B)(1) of section 2923.128 of the Revised Code, under section  194
2923.1213 of the Revised Code, or under a revocation provision  195
of the state other than this state in which the license was  196
H. B. No. 331  Page 8
As Introduced
issued.  197
       (P) "Misdemeanor punishable by imprisonment for a term  198
exceeding one year" does not include any of the following:  199
       (1) Any federal or state offense pertaining to antitrust  200
violations, unfair trade practices, restraints of trade, or  201
other similar offenses relating to the regulation of business  202
practices;  203
       (2) Any misdemeanor offense punishable by a term of  204
imprisonment of two years or less.  205
       (Q) "Alien registration number" means the number issued by  206
the United States citizenship and immigration services agency  207
that is located on the alien's permanent resident card and may  208
also be commonly referred to as the "USCIS number" or the "alien  209
number."  210
       (R) "Active duty" has the same meaning as defined in 10  211
U.S.C. 101.  212
       Sec. 2923.17. (A) No person shall knowingly acquire, have,  213
carry, or use any dangerous ordnance.  214
       (B) No person shall manufacture or process an explosive at  215
any location in this state unless the person first has been  216
issued a license, certificate of registration, or permit to do  217
so from a fire official of a political subdivision of this state  218
or from the office of the fire marshal.  219
       (C) Division (A) of this section does not apply to:  220
       (1) Officers, agents, or employees of this or any other  221
state or the United States, members of the armed forces of the  222
United States or the organized militia of this or any other  223
state, and law enforcement officers, to the extent that any such  224
H. B. No. 331  Page 9
As Introduced
person is authorized to acquire, have, carry, or use dangerous  225
ordnance and is acting within the scope of the person's duties;  226
       (2) Importers, manufacturers, dealers, and users of  227
explosives, having a license or user permit issued and in effect  228
pursuant to the "Organized Crime Control Act of 1970," 84 Stat.  229
952, 18 U.S.C. 843, and any amendments or additions thereto or  230
reenactments thereof, with respect to explosives and explosive  231
devices lawfully acquired, possessed, carried, or used under the  232
laws of this state and applicable federal law;  233
       (3) Importers, manufacturers, and dealers having a license  234
to deal in destructive devices or their ammunition, issued and  235
in effect pursuant to the "Gun Control Act of 1968," 82 Stat.  236
1213, 18 U.S.C. 923, and any amendments or additions thereto or  237
reenactments thereof, with respect to dangerous ordnance  238
lawfully acquired, possessed, carried, or used under the laws of  239
this state and applicable federal law;  240
       (4) Persons to whom surplus ordnance has been sold,  241
loaned, or given by the secretary of the army pursuant to 70A  242
Stat. 262 and 263, 10 U.S.C. 4684, 4685, and 4686, and any  243
amendments or additions thereto or reenactments thereof, with  244
respect to dangerous ordnance when lawfully possessed and used  245
for the purposes specified in such section;  246
       (5) Owners of dangerous ordnance registered in the  247
national firearms registration and transfer record pursuant to  248
the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and  249
any amendments or additions thereto or reenactments thereof, and  250
regulations issued thereunder.;  251
       (6) Carriers, warehouses, and others engaged in the  252
business of transporting or storing goods for hire, with respect  253
H. B. No. 331  Page 10
As Introduced
to dangerous ordnance lawfully transported or stored in the  254
usual course of their business and in compliance with the laws  255
of this state and applicable federal law;  256
       (7) The holders of a license or temporary permit issued  257
and in effect pursuant to section 2923.18 of the Revised Code,  258
with respect to dangerous ordnance lawfully acquired, possessed,  259
carried, or used for the purposes and in the manner specified in  260
such license or permit;  261
       (8) Persons who own a dangerous ordnance that is a firearm  262
muffler or suppressor attached to a gun that is authorized to be  263
used for hunting by section 1533.16 of the Revised Code and who  264
are authorized to use such a dangerous ordnance by section  265
1533.04 of the Revised Code.  266
       (D) Whoever violates division (A) of this section is  267
guilty of unlawful possession of dangerous ordnance, a felony of  268
the fifth degree.  269
       (E) Whoever violates division (B) of this section is  270
guilty of illegally manufacturing or processing explosives, a  271
felony of the second degree.  272
       Section 2. That existing sections 1533.04, 2923.11, and  273
2923.17 of the Revised Code are hereby repealed.  274