Hb 191

Discussion in 'The 2nd Amendment' started by rjrivero, June 6, 2013.

  1. rjrivero
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    rjrivero

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    House Bill 191 was introduced. It would remove the more than 31 rounds without reloading language from the definition of "machine gun." It's about time. Let's write some letters and get this thing passed!!

    Laws, Acts, and Legislation
     
  2. Glad too see something like this finally come to light.
     
  3. Could this eliminate the 30 rd magazine limit?

    I am glad for the bill and have let my legislators know of my support.
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    But I have a question and would like some opinions on my thinking.
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    I have searched and found no other magazine limitations other than the this limit of not exceeding 31 round capability for a semi auto weapon/automatic weapon.
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    To my thinking this may very well eliminate any and all restrictions on magazine capacities in the state. I have found no where else that places any kind of magazine restrictions.
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    If someone can clarify this or verify this I would be most thankful. I am hoping my logic and research will hold up and pay dividends for us all.
     
  4. rjrivero
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    rjrivero

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    Re: Could this eliminate the 30 rd magazine limit?

    I'm no lawyer, so take this with a grain of salt. The HB 347 in 2007 took all the teeth out of the patchwork of local laws by introducing state "preemption." So any and all firearms regulations are now at the state level. It was upheld by the State Supreme Court in 2010. I think this covers all magazine and firearm restrictions. Ohio Supreme Court sides with gun owners, upholds Ohio's preemption law
     
  5. Re: Could this eliminate the 30 rd magazine limit?

    It is under state law that a 30 round magazine restriction is in place. Other states have no restriction and some have more stringent restrictions. HB 191 eliminates the only mention of a round restriction in Ohio Revised Code. To my thinking this may very well eliminate any restriction of magazine capacity in the state of Ohio.
     
  6. There is always an anwser available.

    To answer my own question allow me to provide the initial sponsor of the bill's intention for introducing this legislation;
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    Following is Becker's testimony in its entirety:
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    Greetings Chairman Damschroder, Vice Chairman Ruhl, Ranking Minority Member Mallory and fellow members of the committee:
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    Thank you for allowing me to appear before you today to offer sponsor testimony for HB 191.
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    A revolver fires one shot each time the trigger is pressed. A semi-automatic firearm fires one shot each time the trigger is pressed. The "automatic" part of the definition is that it automatically inserts the next round of ammunition into the chamber, something the revolver does not necessarily do. A fully-automatic firearm fires continuously (as long as there is sufficient ammunition) with one pull of the trigger. These are also commonly referred to as "machine guns."
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    You all might recall HB 495 from the 129th GA. It was sponsored by Representative Johnson and signed into law. Amongst other things, it corrected the definition of a loaded gun to be a gun that is actually loaded. (The previous definition of a loaded gun included a detached magazine with ammunition loaded into it.)
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    As a parallel to that, HB 191 corrects the definition of an automatic weapon to mean a weapon that is actually automatic. The Ohio Revised Code includes a sentence that [mis] defines an automatic weapon to include a semi-automatic that will "fire more than thirty-one cartridges without reloading." HB 191 simply deletes that sentence.
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    The common man would consider it ridiculous to call any firearm "fully automatic" based on an arbitrary magazine size. For example, an AR 15 semi-automatic rifle doesn't suddenly become a machine gun by inserting a 40 round magazine. You would still have to pull and release the trigger 40 times.
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    Furthermore, after filing the proper paperwork and passing an FBI background check, any law abiding citizen can obtain a federal tax stamp for the purpose of owning a fully automatic Uzi, M16, or other machine gun. After fulfilling all necessary requirements and paying for the federal tax stamp, any of us could legally own a fully automatic Uzi and use it with magazines of any size.
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    To reiterate, with the proper documentation, under both federal and Ohio law, we can own machine guns with magazines of any size. There are no capacity limitations. However, Ohio law makes it impossible for any individual to legally insert a fully loaded 40 round magazine into any semi-automatic firearm. Again, Ohio law places restrictions on magazine capacity attached to semi-automatic firearms only – not machine guns. :D :flag:
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    Being as large capacity magazines are legal to own and readily available for a wide variety of semi-automatic firearms, HB 191 would not make it any easier to acquire the firearms or the magazines. It simply deletes one sentence from the Ohio Revised Code correcting an incorrect definition in our code. Restrictions on fully automatic firearms would remain unchanged. HB 191 aligns Ohio law with federal law on these definitions.
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    In conclusion, I'd like to thank you for your attention and I am asking you all for your affirmative vote on HB 191.
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    This pretty well explains the sponsors intent for bring this bill to the house for consideration. It is well within all of our benefit to support this bill with everything we can do to our mutual benefit.
    Dog
     

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