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628.01     Findings

The Council finds and declares that the proliferation and use of assault weapons is resulting in an ever-increasing wave of violence in the City, especially because of an increase in drug trafficking and drug-related crimes, and poses a serious threat to the health, safety, welfare and security of the citizens of Cleveland. The Council finds that the primary purpose of assault weapons is anti-personnel and any civilian application or use of such weapons is merely incidental to such primary anti-personnel purpose. The Council further finds that the function of this type of weapon is such that any use as a recreational weapon is far outweighed by the threat that the weapon will cause injury and death to human beings. Therefore, it is necessary to establish regulations to restrict the possession or sale of these weapons. It is not the intent of the Council to place restrictions on the use of weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)

628.02     Definitions

For the purpose of this chapter:

(a) “Assault weapon” means:

(1) any semiautomatic action, center fire rifle or carbine that accepts a detachable magazine with a capacity of 20 rounds or more;

(2) any .50 caliber rifle;

(3) any semiautomatic shotgun with a magazine capacity of more than six rounds;

(4) any semi-automatic handgun that is:

A. a modification of a rifle described in division (a)(1) or division (a)(2), or a modification of an automatic firearm; or

B. originally designed to accept a detachable magazine with a capacity of more than 20 rounds;

(5) any firearm which may be restored to an operable assault weapon as defined in divisions (a)(1), (a)(2), (a)(3) or (a)(4);

(6) any part, or combination of parts, designed or intended to convert a firearm into an assault weapon as defined in divisions (a)(1), (a)(2), (a)(3) or (a)(4), or any combination of parts from which an assault weapon as defined in divisions (a)(1), (a)(2), (a)(3) or (a)(4), may be readily assembled if those parts are in the possession or under the control of the same person.

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

(1) any firearm that uses .22 caliber rimfire ammunition with a detachable magazine with a capacity of 30 rounds or less.

(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.

(3) any black powder muzzle loading rifle.

(4) any assault weapon the possession or sale of which constitutes a felony under the laws of the state of Ohio.

(c) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.

(d) “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.

(e) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded fire arm, and any firearm which is inoperable but which can readily be rendered operable.

(f) “Handgun” means any firearm designed to be fired while being held in one hand.

(g) “Person” means any individual, corporation, company, association, firm, partnership, club or society, including wholesale and retail gun dealers.

(h) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(i) “Semiautomatic firearm” means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.

(j) “Shotgun” means a firearm, whether or not it is intended to be fired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell.
(Ord. No. 105-05. Passed 7-12-06, eff. 7-14-06)

628.03     Unlawful Conduct

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

(b) This section shall not apply to any officer, agent, or employee of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers as defined in division (k) of Section 601.01, to the extent that any such person is authorized to acquire or possess an assault weapon and is acting within the scope of his duties. Further, this section shall not apply to the transportation of firearms through the City of Cleveland in accordance with federal law.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)

628.04     Seizure and Destruction of Assault Weapons

Any assault weapon is hereby declared to be contraband and shall be seized and disposed of in accordance with RC 2933.43.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)

628.99     Penalty

Whoever violates Section 628.03 is guilty of unlawful possession of an assault weapon, and shall be sentenced to six months imprisonment and fined one thousand dollars ($1,000.00) and no part of said sentence shall be reduced in any manner.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)