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Council committee passes new ordinances on lost or stolen guns

a black firearm lays next to bullets and the Cincinnati Police Department blue and yellow logo
Capt. Matthew Hammer
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A firearm recovered by the Cincinnati Police Department in Over-the-Rhine in September, 2023.

A Cincinnati City Council Committee voted Tuesday to give initial approval to two ordinances that add new regulations on lost and stolen guns. The measures will be up for a final vote Wednesday.

Council Member Liz Keating introduced the laws as one of her final actions before leaving office at the end of the year. She says guns used in crimes or confiscated from someone who can't legally possess a weapon are often tracked back to a friend or family member who is the legal owner.

"A lot of people will call this the revolving door, they'll call it the girlfriend purchase, the straw man purchase, where legal gun owners ... are giving it to friends, they're giving it to family members, they're passing it around in groups," Keating said. "And it takes until it shows up at the crime scene until someone will say, 'It was stolen from me.' "

One ordinance would make it a local-level crime to fail to report a lost or stolen firearm, allowing city police and prosecutors to enforce reporting and establish penalties.

RELATED: Cincinnati struggling with 'record' juvenile gun violence, police say

The city ordinance would make it a fourth degree misdemeanor to fail to immediately report the loss or theft of a firearm, punishable by up to 30 days in jail and a fine of up to $250. It could also be cited as a Class D civil offense, with a $750 fine.

Read the full ordinance below (story continues after):

A second measure would allow the police department to charge a $200 fee to get a lost or stolen firearm back if that firearm wasn't properly reported as lost or stolen. The fee is aimed at recouping the cost of processing the return, including verifying ownership and running a background check.

Cincinnati's police chief also would be authorized to establish an internal storage policy for recovered weapons. If guns are not claimed they can be destroyed or used "for appropriate law enforcement purposes."

RELATED: Keating proposes local laws on lost or stolen guns as a way to reduce violence

The $200 fee would not be charged if the gun owner properly reported the firearm as lost or stolen, even if the circumstances could be considered negligent.

"I believe it's absolutely necessary to make sure we are doing everything we can legislatively," said Council Member Scotty Johnson, chair of the Public Safety and Governance Committee. "As you pointed out, our state friends haven't been a great assist. But we're doing [everything] legislatively here in this city to make sure that responsible gun ownership is a must."

Read the full ordinance below (story continues after):

The Public Safety and Governance Committee moved the measures ahead "without objection," meaning no roll-call vote. Four council members are on the committee; the measure will need at least five votes to pass in council's regular meeting Wednesday.

The city is suing the state over the 2019 law that prohibits municipalities from passing most gun regulations. Hamilton County Common Pleas Court Judge Jennifer Branch issued a preliminary injunction in that case in September, pending a final decision.

RELATED: Court issues injunction in Cincinnati's battle with Ohio over gun restrictions

If the courts uphold the state law, City Solicitor Emily Smart Woerner says the city would likely not be able to enforce the ordinance related to reporting a lost or stolen firearm.

Earlier this year, City Council passed two local gun laws: requiring safe storage of firearms around children, and allowing for local enforcement of the federal ban on people with a domestic violence conviction possessing a firearm. Solicitor Woerner says someone charged under the safe storage law is challenging the ordinance in court, but the city is continuing to charge suspects while the case is pending.

Local Government Reporter with a particular focus on Cincinnati; experienced journalist in public radio and television throughout the Midwest. Enthusiastic about: civic engagement, public libraries, and urban planning.