Explanation
BACKGROUND:
The 10-year old federal assault weapon ban expired on September 13, 2004, and there is no Ohio state law addressing assault weapons. Because the most recent version of the City's assault weapon ban was found unconstitutional with respect to the definition of "assault weapon" (see Peoples Rights Organization, Inc. v. City of Columbus, 152 F.3d 522 (6th Cir. 1998), as had the prior version, see Springfield Armory, Inc. v. City of Columbus, 29 F.3d 250 (6th Cir. 1994)), this ordinance is designed to fill the legislative void that leaves the sale and possession of semi-automatic assault weapons essentially unregulated. In setting forth a new definition of "assault weapon," this ordinance corrects the constitutional deficiency of vagueness identified by the Sixth Circuit in the City's prior ordinances, and it closes the loopholes that were left open by the federal ban throughout the course of its enforcement. This ordinance balances the prohibitions on the sale and possession of assault weapons with exemptions designed to accommodate the ability of law-abiding citizens to engage in legitimate sporting activities.
Title
To amend Sections 2323.11, 2323.31 and 2323.32 and enact new Section 2323.33 of the Columbus City Codes, 1959, to define assault weapons and to prohibit the unlawful possession or sale of assault weapons.
Body
WHEREAS, gun violence continues to be one of the most serious crime problems plaguing America's cities; and
WHEREAS, semi-automatic assault weapons are particularly dangerous because they are designed to fire a high capacity of rounds with enhanced control during rapid firing; and
WHEREAS, the military-style features of assault weapons make them particularly attractive to drug dealers, gangs and other criminals; and
WHEREAS, as reported by the ATF in 1989 and as reflected in the federal assault weapons ban and similar bans enacted in other state and local jurisdictions, certain militar...
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