SENATORS Austria, Jordan, Schuring, Amstutz, Carnes, Harris, Jacobson, Mumper, Robert Gardner

To amend sections 1547.69, 2911.21, 2913.02, 2913.04,

1

2921.13, 2923.11, 2923.12, 2923.121, 2923.122,

2

2923.123, 2923.13, 2923.16, 2929.14, 2953.32, and

3

4749.10 and to enact sections 109.69, 109.731,

4

181.251, 311.41, 311.42, 2923.124, 2923.125,

5

2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,

6

2923.1211, 2923.1212, 2923.1213, 2923.25, and

7

5122.311 of the Revised Code to authorize county

8

sheriffs to issue licenses to carry concealed

9

handguns to certain persons, to create the

10

offenses of falsification to obtain a concealed

11

handgun license, falsification of a concealed

12

handgun license, and possessing a revoked or

13

suspended concealed handgun license, to increase

14

the penalty for theft of a firearm and having

15

weapons while under disability, to modify the

16

definition of handgun that applies in the Weapons

17

Control Law, to require the Office of Criminal

18

Justice Services to prepare and distribute to

19

federally licensed firearms dealers a poster and

20

brochure that describe safe firearms practices, to

21

require federally licensed firearms dealers to

22

offer gun locking device to purchasers at the time

23

of sale, post the poster, and provide the brochure

24

to purchasers, and to maintain the provisions of

25

this act on and after January 1, 2004, by amending

26

the versions of sections 2923.122, 2929.14, and

27

2953.32 of the Revised Code that take effect on

28

that date.

29

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 1547.69, 2911.21, 2913.02, 2913.04,	30
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13,	31
2923.16, 2929.14, 2953.32, and 4749.10 be amended and sections	32
109.69, 109.731, 181.251, 311.41, 311.42, 2923.124, 2923.125,	33
2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211,	34
2923.1212, 2923.1213, 2923.25, and 5122.311 of the Revised Code be	35
enacted to read as follows:	36

Sec. 109.69. (A)(1) The attorney general shall negotiate and	37
enter into a reciprocity agreement with any other license-issuing	38
state under which a license to carry a concealed handgun that is	39
issued by the other state is recognized in this state if the	40
attorney general determines that both of the following apply:	41

(a) The eligibility requirements imposed by that	42
license-issuing state for that license are substantially	43
comparable to the eligibility requirements for a license to carry	44
a concealed handgun issued under section 2923.125 of the Revised	45
Code.	46

(b) That license-issuing state recognizes a license to carry	47
a concealed handgun issued under section 2923.125 of the Revised	48
Code.	49

(2) A reciprocity agreement entered into under division	50
(A)(1) of this section also may provide for the recognition in	51
this state of a license to carry a concealed handgun issued on a	52
temporary or emergency basis by the other license-issuing state,	53
if the eligibility requirements imposed by that license-issuing	54
state for the temporary or emergency license are substantially	55
comparable to the eligibility requirements for a license or	56
temporary emergency license to carry a concealed handgun issued	57
under section 2923.125 or 2923.1213 of the Revised Code and if	58
that license-issuing state recognizes a temporary emergency	59
license to carry a concealed handgun issued under section	60
2923.1213 of the Revised Code.	61

(3) The attorney general shall not negotiate any agreement	62
with any other license-issuing state under which a license to	63
carry a concealed handgun that is issued by the other state is	64
recognized in this state other than as provided in divisions	65
(A)(1) and (2) of this section.	66

(B) As used in this section:

67

(1) "Handgun" has the same meaning as in section 2923.11 of	68
the Revised Code.	69

(2) "License-issuing state" means a state other than this	70
state that, pursuant to law, provides for the issuance of a	71
license to carry a concealed handgun.	72

Sec. 109.731.  (A) The Ohio peace officer training commission	73
shall prescribe, and shall make available to sheriffs, all of the	74
following:	75

(1) An application form that is to be used under section	76
2923.125 of the Revised Code by a person who applies for a license	77
to carry a concealed handgun or for the renewal of a license of	78
that nature and that conforms substantially to the form prescribed	79
in section 2923.1210 of the Revised Code;	80

(2) A form for the license to carry a concealed handgun that	81
is to be issued by sheriffs to persons who qualify for a license	82
to carry a concealed handgun under section 2923.125 of the Revised	83
Code and that conforms to the following requirements:	84

(a) It has space for the licensee's full name, residence	85
address, and date of birth and for a color photograph of the	86
licensee.	87

(b) It has space for the date of issuance of the license, its	88
expiration date, its county of issuance, the name of the sheriff	89
who issues the license, and the unique combination of letters and	90
numbers that identify the county of issuance and the license given	91
to the licensee by the sheriff in accordance with division (A)(4)	92
of this section.	93

(c) It has space for the signature of the licensee and the	94
signature or a facsimile signature of the sheriff who issues the	95
license.	96

(d) It does not require the licensee to include serial	97
numbers of handguns, other identification related to handguns, or	98
similar data that is not pertinent or relevant to obtaining the	99
license and that could be used as a de facto means of registration	100
of handguns owned by the licensee.	101

(3) A series of three-letter county codes that identify each	102
county in this state;	103

(4) A procedure by which a sheriff shall give each license,	104
replacement license, or renewal license to carry a concealed	105
handgun and each temporary emergency license or replacement	106
temporary emergency license to carry a concealed handgun the	107
sheriff issues under section 2923.125 or 2923.1213 of the Revised	108
Code a unique combination of letters and numbers that identifies	109
the county in which the license or temporary emergency license was	110
issued and that uses the county code and a unique number for each	111
license and each temporary emergency license the sheriff of that	112
county issues;	113

(5) A form for the temporary emergency license to carry a	114
concealed handgun that is to be issued by sheriffs to persons who	115
qualify for a temporary emergency license under section 2923.1213	116
of the Revised Code, which form shall conform to all the	117
requirements set forth in divisions (A)(2)(a) to (d) of this	118
section and shall additionally conspicuously specify that the	119
license is a temporary emergency license and the date of its	120
issuance.	121

(B)(1) The Ohio peace officer training commission, in	122
consultation with the attorney general, shall prepare a pamphlet	123
that does all of the following, in everyday language:	124

(a) Explains the firearms laws of this state;

125

(b) Instructs the reader in dispute resolution and explains	126
the laws of this state related to that matter;	127

(c) Provides information to the reader regarding all aspects	128
of the use of deadly force with a firearm, including, but not	129
limited to, the steps that should be taken before contemplating	130
the use of, or using, deadly force with a firearm, possible	131
alternatives to using deadly force with a firearm, and the law	132
governing the use of deadly force with a firearm.	133

(2) The attorney general shall consult with and assist the	134
commission in the preparation of the pamphlet described in	135
division (B)(1) of this section and, as necessary, shall recommend	136
to the commission changes in the pamphlet to reflect changes in	137
the law that are relevant to it. The commission shall make copies	138
of the pamphlet available to any person, public entity, or private	139
entity that operates or teaches a training course, class, or	140
program described in division (B)(3)(a), (b), (c), and (e) of	141
section 2923.125 of the Revised Code and requests copies for	142
distribution to persons who take the course, class, or program,	143
and to sheriffs for distribution to applicants under section	144
2923.125 of the Revised Code for a license to carry a concealed	145
handgun and applicants under that section for the renewal of a	146
license to carry a concealed handgun.	147

(C)(1) The Ohio peace officer training commission, in	148
consultation with the attorney general, shall prescribe a fee to	149
be paid by an applicant under section 2923.125 of the Revised Code	150
for a license to carry a concealed handgun or for the renewal of a	151
license to carry a concealed handgun as follows:	152

(a) For an applicant who has been a resident of this state	153
for five or more years, an amount that does not exceed the lesser	154
of the actual cost of issuing the license, including, but not	155
limited to, the cost of conducting the criminal records check, or	156
forty-five dollars;	157

(b) For an applicant who has been a resident of this state	158
for less than five years, an amount that shall consist of the	159
actual cost of having a criminal background check performed by the	160
federal bureau of investigation, if one is so performed, plus the	161
lesser of the actual cost of issuing the license, including, but	162
not limited to, the cost of conducting the criminal records check,	163
or forty-five dollars.	164

(2) The commission, in consultation with the attorney	165
general, shall specify the portion of the fee prescribed under	166
division (C)(1) of this section that will be used to pay each	167
particular cost of the issuance of the license. The sheriff shall	168
deposit all fees paid by an applicant under section 2923.125 of	169
the Revised Code into the sheriff's concealed handgun license	170
issuance expense fund established pursuant to section 311.42 of	171
the Revised Code.	172

(D) The Ohio peace officer training commission shall maintain	173
statistics with respect to the issuance, renewal, suspension,	174
revocation, and denial of licenses to carry a concealed handgun	175
and the suspension of processing of applications for those	176
licenses, and with respect to the issuance, suspension,	177
revocation, and denial of temporary emergency licenses to carry a	178
concealed handgun, as reported by the sheriffs pursuant to	179
division (C) of section 2923.129 of the Revised Code. Not later	180
than the first day of March in each year, the commission shall	181
submit a statistical report to the governor, the president of the	182
senate, and the speaker of the house of representatives indicating	183
the number of licenses to carry a concealed handgun that were	184
issued, renewed, suspended, revoked, and denied in the previous	185
calendar year, the number of applications for those licenses for	186
which processing was suspended in accordance with division (D)(3)	187
of section 2923.125 of the Revised Code in the previous calendar	188
year, and the number of temporary emergency licenses to carry a	189
concealed handgun that were issued, suspended, revoked, or denied	190
in the previous calendar year. Nothing in the statistics or the	191
statistical report shall identify, or enable the identification	192
of, any individual who was issued or denied a license, for whom a	193
license was renewed, whose license was suspended or revoked, or	194
for whom application processing was suspended. The statistics and	195
the statistical report are public records for the purpose of	196
section 149.43 of the Revised Code.	197

(E) As used in this section, "handgun" has the same meaning	198
as in section 2923.11 of the Revised Code.	199

Sec. 181.251. The office of criminal justice services shall	200
prepare a poster and a brochure that describe safe firearms	201
practices. The poster and brochure shall contain typeface that is	202
at least one-quarter inch tall. The office shall furnish copies of	203
the poster and brochure free of charge to each federally licensed	204
firearms dealer in this state.	205

As used in this section, "federally licensed firearms dealer"	206
means an importer, manufacturer, or dealer having a license to	207
deal in destructive devices or their ammunition, issued and in	208
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	209
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	210
that act or reenactments of that act.	211

Sec. 311.41. (A)(1) Upon receipt of an application for a	212
license to carry a concealed handgun under division (C) of section	213
2923.125 of the Revised Code, an application to renew a license to	214
carry a concealed handgun under division (F) of that section, or	215
an application for a temporary emergency license to carry a	216
concealed handgun under section 2923.1213 of the Revised Code, the	217
sheriff shall conduct a criminal records check and an incompetency	218
check of the applicant to determine whether the applicant fails to	219
meet the criteria described in division (D)(1) of section 2923.125	220
of the Revised Code. The sheriff shall conduct the criminal	221
records check and the incompetency records check required by this	222
division through use of an electronic fingerprint reading device	223
or, if the sheriff does not possess and does not have ready access	224
to the use of an electronic fingerprint reading device, by	225
requesting the bureau of criminal identification and investigation	226
to conduct the checks as described in this division. In order to	227
conduct the criminal records check and the incompetency records	228
check, the sheriff shall obtain the fingerprints of not more than	229
four fingers of the applicant by using an electronic fingerprint	230
reading device for the purpose of conducting the criminal records	231
check and the incompetency records check or, if the sheriff does	232
not possess and does not have ready access to the use of an	233
electronic fingerprint reading device, shall obtain from the	234
applicant a completed standard fingerprint impression sheet	235
prescribed pursuant to division (C)(2) of section 109.572 of the	236
Revised Code. The fingerprints so obtained, along with the	237
applicant's social security number, shall be used to conduct the	238
criminal records check and the incompetency records check. If the	239
sheriff does not use an electronic fingerprint reading device to	240
obtain the fingerprints and conduct the records checks, the	241
sheriff shall submit the completed standard fingerprint impression	242
sheet of the applicant, along with the applicant's social security	243
number, to the superintendent of the bureau of criminal	244
identification and investigation and shall request the bureau to	245
conduct the criminal records check and the incompetency records	246
check of the applicant and, if necessary, shall request the	247
superintendent of the bureau to obtain information from the	248
federal bureau of investigation as part of the criminal records	249
check for the applicant. If it is not possible to use an	250
electronic fingerprint reading device to conduct an incompetency	251
records check, the sheriff shall submit the completed standard	252
fingerprint impression sheet of the applicant, along with the	253
applicant's social security number, to the superintendent of the	254
bureau of criminal identification and investigation and shall	255
request the bureau to conduct the incompetency records check. The	256
sheriff shall not retain the applicant's fingerprints as part of	257
the application.	258

(2) Except as otherwise provided in this division, if at any	259
time the applicant decides not to continue with the application	260
process, the sheriff immediately shall cease any investigation	261
that is being conducted under division (A)(1) of this section. The	262
sheriff shall not cease that investigation if, at the time of the	263
applicant's decision not to continue with the application process,	264
the sheriff had determined from any of the sheriff's	265
investigations that the applicant then was engaged in activity of	266
a criminal nature.	267

(B) If a criminal records check and an incompetency records	268
check conducted under division (A) of this section do not indicate	269
that the applicant fails to meet the criteria described in	270
division (D)(1) of section 2923.125 of the Revised Code, except as	271
otherwise provided in this division, the sheriff shall destroy or	272
cause a designated employee to destroy all records other than the	273
application for a license to carry a concealed handgun, the	274
application to renew a license to carry a concealed handgun, or	275
the affidavit submitted regarding an application for a temporary	276
emergency license to carry a concealed handgun that were made in	277
connection with the criminal records check and incompetency	278
records check within twenty days after conducting the criminal	279
records check and incompetency records check. If an applicant	280
appeals a denial of an application as described in division (D)	281
(2) of section 2923.125 of the Revised Code or challenges the	282
results of a criminal records check pursuant to section 2923.127	283
of the Revised Code, records of fingerprints of the applicant	284
shall not be destroyed during the pendency of the appeal or the	285
challenge and review. When an applicant appeals a denial as	286
described in that division, the twenty-day period described in	287
this division commences regarding the fingerprints upon the	288
determination of the appeal. When required as a result of a	289
challenge and review performed pursuant to section 2923.127 of the	290
Revised Code, the source the sheriff used in conducting the	291
criminal records check shall destroy or the chief operating	292
officer of the source shall cause an employee of the source	293
designated by the chief to destroy all records other than the	294
application for a license to carry a concealed handgun, the	295
application to renew a license to carry a concealed handgun, or	296
the affidavit submitted regarding an application for a temporary	297
emergency license to carry a concealed handgun that were made in	298
connection with the criminal records check within twenty days	299
after completion of that challenge and review.	300

(C) If division (B) of this section applies to a particular	301
criminal records check or incompetency records check, no sheriff,	302
employee of a sheriff designated by the sheriff to destroy records	303
under that division, source the sheriff used in conducting the	304
criminal records check or incompetency records check, or employee	305
of the source designated by the chief operating officer of the	306
source to destroy records under that division shall fail to	307
destroy or cause to be destroyed within the applicable twenty-day	308
period specified in that division all records other than the	309
application for a license to carry a concealed handgun, the	310
application to renew a license to carry a concealed handgun, or	311
the affidavit submitted regarding an application for a temporary	312
emergency license to carry a concealed handgun made in connection	313
with the particular criminal records check or incompetency records	314
check.	315

(D) Whoever violates division (C) of this section is guilty	316
of failure to destroy records, a misdemeanor of the second degree.	317

(E) As used in this section, "handgun" has the same meaning	318
as in section 2923.11 of the Revised Code.	319

Sec. 311.42.  (A) Each county shall establish in the county	320
treasury a sheriff's concealed handgun license issuance expense	321
fund. The sheriff of that county shall deposit into that fund all	322
fees paid by applicants for the issuance or renewal of a license	323
or duplicate license to carry a concealed handgun under section	324
2923.125 of the Revised Code and all fees paid by the person	325
seeking a temporary emergency license to carry a concealed handgun	326
under section 2923.1213 of the Revised Code. The county shall	327
distribute the fees deposited into the fund in accordance with the	328
specifications prescribed by the Ohio peace officer training	329
commission under division (C) of section 109.731 of the Revised	330
Code.	331

(B) The sheriff, with the approval of the board of county	332
commissioners, may expend any county portion of the fees deposited	333
into the sheriff's concealed handgun license issuance expense fund	334
for any costs incurred by the sheriff in connection with	335
performing any administrative functions related to the issuance of	336
licenses or temporary emergency licenses to carry a concealed	337
handgun under section 2923.125 or 2923.1213 of the Revised Code,	338
including, but not limited to, personnel expenses and the costs of	339
any handgun safety education program that the sheriff chooses to	340
fund.	341

Sec. 1547.69.  (A) As used in this section:

342

(1) "Firearm" hasand "handgun" have the same meaning	343
meanings as in section 2923.11 of the Revised Code.	344

(2) "Unloaded" has the same meaning as in section 2923.16 of	345
the Revised Code.	346

(B) No person shall knowingly discharge a firearm while in or	347
on a vessel.	348

(C) No person shall knowingly transport or have a loaded	349
firearm in a vessel in such a manner that the firearm is	350
accessible to the operator or any passenger.	351

(D) No person shall knowingly transport or have a firearm in	352
a vessel unless it is unloaded and is carried in one of the	353
following ways:	354

(1) In a closed package, box, or case;

355

(2) In plain sight with the action opened or the weapon	356
stripped, or, if the firearm is of a type on which the action will	357
not stay open or that cannot easily be stripped, in plain sight.	358

(E)(1) The affirmative defenses containedauthorized in	359
divisions (C)(D)(1) and (2) of section 2923.12 of the Revised Code	360
are affirmative defenses to a charge under division (C) or (D) of	361
this section that involves a firearm other than a handgun. It is	362
an affirmative defense to a charge under division (C) or (D) of	363
this section of transporting or having a firearm of any type,	364
including a handgun, in a vessel that the actor transported or had	365
the firearm in the vessel for any lawful purpose and while the	366
vessel was on the actor's own property, provided that this	367
affirmative defense is not available unless the actor, prior to	368
arriving at the vessel on the actor's own property, did not	369
transport or possess the firearm in the vessel or in a motor	370
vehicle in a manner prohibited by this section or division (B) or	371
(C) of section 2923.16 of the Revised Code while the vessel was	372
being operated on a waterway that was not on the actor's own	373
property or while the motor vehicle was being operated on a	374
street, highway, or other public or private property used by the	375
public for vehicular traffic.	376

(2) No person who is charged with a violation of division (C)	377
or (D) of this section shall be required to obtain a license or	378
temporary emergency license to carry a concealed handgun under	379
section 2923.125 or 2923.1213 of the Revised Code as a condition	380
for the dismissal of the charge.	381

(F) Divisions (B), (C), and (D) of this section do not apply	382
to the possession or discharge of a United States coast guard	383
approved signaling device required to be carried aboard a vessel	384
under section 1547.251 of the Revised Code when the signaling	385
device is possessed or used for the purpose of giving a visual	386
distress signal. No person shall knowingly transport or possess	387
any such signaling device of that nature in or on a vessel in a	388
loaded condition at any time other than immediately prior to the	389
discharge of the signaling device for the purpose of giving a	390
visual distress signal.	391

(G) No person shall operate or permit to be operated any	392
vessel on the waters in this state in violation of this section.	393

(H) This section does not apply to officers, agents, or	394
employees of this or any other state or of the United States, or	395
to law enforcement officers, when authorized to carry or have	396
loaded or accessible firearms in a vessel and acting within the	397
scope of their duties, norand this section does not apply to	398
persons legally engaged in hunting. Divisions (C) and (D) of this	399
section do not apply to a person who transports or possesses a	400
handgun in a vessel and who, at the time of that transportation or	401
possession, is carrying a valid license or temporary emergency	402
license to carry a concealed handgun issued to the person under	403
section 2923.125 or 2923.1213 of the Revised Code or a license to	404
carry a concealed handgun that was issued by another state with	405
which the attorney general has entered into a reciprocity	406
agreement under section 109.69 of the Revised Code, unless the	407
person knowingly is in a place on the vessel described in division	408
(B) of section 2923.126 of the Revised Code.	409

(I) If a law enforcement officer stops a vessel for a	410
violation of this section or any other law enforcement purpose, if	411
any person on the vessel surrenders a firearm to the officer,	412
either voluntarily or pursuant to a request or demand of the	413
officer, and if the officer does not charge the person with a	414
violation of this section or arrest the person for any offense,	415
the person is not otherwise prohibited by law from possessing the	416
firearm, and the firearm is not contraband, the officer shall	417
return the firearm to the person at the termination of the stop.	418

Sec. 2911.21.  (A) No person, without privilege to do so,	419
shall do any of the following:	420

(1) Knowingly enter or remain on the land or premises of	421
another;	422

(2) Knowingly enter or remain on the land or premises of	423
another, the use of which is lawfully restricted to certain	424
persons, purposes, modes, or hours, when the offender knows hethe	425
offender is in violation of any such restriction or is reckless in	426
that regard;	427

(3) Recklessly enter or remain on the land or premises of	428
another, as to which notice against unauthorized access or	429
presence is given by actual communication to the offender, or in a	430
manner prescribed by law, or by posting in a manner reasonably	431
calculated to come to the attention of potential intruders, or by	432
fencing or other enclosure manifestly designed to restrict access;	433

(4) Being on the land or premises of another, negligently	434
fail or refuse to leave upon being notified by signage posted in a	435
conspicuous place or otherwise being notified to do so by the	436
owner or occupant, or the agent or servant of either.	437

(B) It is no defense to a charge under this section that the	438
land or premises involved was owned, controlled, or in custody of	439
a public agency.	440

(C) It is no defense to a charge under this section that the	441
offender was authorized to enter or remain on the land or premises	442
involved, when such authorization was secured by deception.	443

(D) Whoever violates this section is guilty of criminal	444
trespass, a misdemeanor of the fourth degree.	445

(E) As used in this section, "land or premises" includes any	446
land, building, structure, or place belonging to, controlled by,	447
or in custody of another, and any separate enclosure or room, or	448
portion thereof.	449

Sec. 2913.02.  (A) No person, with purpose to deprive the	450
owner of property or services, shall knowingly obtain or exert	451
control over either the property or services in any of the	452
following ways:	453

(1) Without the consent of the owner or person authorized to	454
give consent;	455

(2) Beyond the scope of the express or implied consent of the	456
owner or person authorized to give consent;	457

(3) By deception;

458

(4) By threat;

459

(5) By intimidation.

460

(B)(1) Whoever violates this section is guilty of theft.

461

(2) Except as otherwise provided in this division or division	462
(B)(3), (4), (5), or (6) of this section, a violation of this	463
section is petty theft, a misdemeanor of the first degree. If the	464
value of the property or services stolen is five hundred dollars	465
or more and is less than five thousand dollars or if the property	466
stolen is any of the property listed in section 2913.71 of the	467
Revised Code, a violation of this section is theft, a felony of	468
the fifth degree. If the value of the property or services stolen	469
is five thousand dollars or more and is less than one hundred	470
thousand dollars, a violation of this section is grand theft, a	471
felony of the fourth degree. If the value of the property or	472
services stolen is one hundred thousand dollars or more, a	473
violation of this section is aggravated theft, a felony of the	474
third degree.	475

(3) Except as otherwise provided in division (B)(4), (5), or	476
(6) of this section, if the victim of the offense is an elderly	477
person or disabled adult, a violation of this section is theft	478
from an elderly person or disabled adult, and division (B)(3) of	479
this section applies. Except as otherwise provided in this	480
division, theft from an elderly person or disabled adult is a	481
felony of the fifth degree. If the value of the property or	482
services stolen is five hundred dollars or more and is less than	483
five thousand dollars, theft from an elderly person or disabled	484
adult is a felony of the fourth degree. If the value of the	485
property or services stolen is five thousand dollars or more and	486
is less than twenty-five thousand dollars, theft from an elderly	487
person or disabled adult is a felony of the third degree. If the	488
value of the property or services stolen is twenty-five thousand	489
dollars or more, theft from an elderly person or disabled adult is	490
a felony of the second degree.	491

(4) If the property stolen is a firearm or dangerous	492
ordnance, a violation of this section is grand theft, a felony of	493
the fourththird degree, and there is a presumption in favor of	494
the court imposing a prison term for the offense. The offender	495
shall serve the prison term consecutively to any other prison term	496
or mandatory prison term previously or subsequently imposed upon	497
the offender.	498

(5) If the property stolen is a motor vehicle, a violation of	499
this section is grand theft of a motor vehicle, a felony of the	500
fourth degree.	501

(6) If the property stolen is any dangerous drug, a violation	502
of this section is theft of drugs, a felony of the fourth degree,	503
or, if the offender previously has been convicted of a felony drug	504
abuse offense, a felony of the third degree.	505

Sec. 2913.04.  (A) No person shall knowingly use or operate	506
the property of another without the consent of the owner or person	507
authorized to give consent.	508

(B) No person shall knowingly gain access to, attempt to gain	509
access to, or cause access to be gained to any computer, computer	510
system, computer network, cable service, cable system,	511
telecommunications device, telecommunications service, or	512
information service without the consent of, or beyond the scope of	513
the express or implied consent of, the owner of the computer,	514
computer system, computer network, cable service, cable system,	515
telecommunications device, telecommunications service, or	516
information service or other person authorized to give consent by	517
the owner.	518

(C) No person shall knowingly gain access to, attempt to gain	519
access to, cause access to be granted to, or disseminate	520
information gained from access to the law enforcement automated	521
database system created pursuant to section 5503.10 of the Revised	522
Code without the consent of, or beyond the scope of the express or	523
implied consent of, the chair of the law enforcement automated	524
data system steering committee.	525

(D) The affirmative defenses contained in division (C) of	526
section 2913.03 of the Revised Code are affirmative defenses to a	527
charge under this section.	528

(D)(E)(1) Whoever violates division (A) of this section is	529
guilty of unauthorized use of property.	530

(2) Except as otherwise provided in division (D)(E)(3) or (4)	531
of this section, unauthorized use of property is a misdemeanor of	532
the fourth degree.	533

(3) Except as otherwise provided in division (D)(E)(4) of	534
this section, if unauthorized use of property is committed for the	535
purpose of devising or executing a scheme to defraud or to obtain	536
property or services, unauthorized use of property is whichever of	537
the following is applicable:	538

(a) Except as otherwise provided in division (D)(E)(3)(b),	539
(c), or (d) of this section, a misdemeanor of the first degree.	540

(b) If the value of the property or services or the loss to	541
the victim is five hundred dollars or more and is less than five	542
thousand dollars, a felony of the fifth degree.	543

(c) If the value of the property or services or the loss to	544
the victim is five thousand dollars or more and is less than one	545
hundred thousand dollars, a felony of the fourth degree.	546

(d) If the value of the property or services or the loss to	547
the victim is one hundred thousand dollars or more, a felony of	548
the third degree.	549

(4) If the victim of the offense is an elderly person or	550
disabled adult, unauthorized use of property is whichever of the	551
following is applicable:	552

(a) Except as otherwise provided in division (D)(E)(4)(b),	553
(c), (d), or (e) of this section, a felony of the fifth degree;	554

(b) If the value of the property or services or loss to the	555
victim is five hundred dollars or more and is less than five	556
thousand dollars, a felony of the fourth degree;	557

(c) If the value of the property or services or loss to the	558
victim is five thousand dollars or more and is less than	559
twenty-five thousand dollars, a felony of the third degree;	560

(d) If the value of the property or services or loss to the	561
victim is twenty-five thousand dollars or more, a felony of the	562
second degree.	563

(E)(F) Whoever violates division (B) of this section is	564
guilty of unauthorized use of computer, cable, or	565
telecommunication property, a felony of the fifth degree.	566

(F)(G) Whoever violates division (C) of this section is	567
guilty of unauthorized use of the law enforcement automated	568
database system, a felony of the fifth degree.	569

(H) As used in this section:

570

(1) "Cable operator" means any person or group of persons	571
that does either of the following:	572

(a) Provides cable service over a cable system and directly	573
or through one or more affiliates owns a significant interest in	574
that cable system;	575

(b) Otherwise controls or is responsible for, through any	576
arrangement, the management and operation of a cable system.	577

(2) "Cable service" means any of the following:

578

(a) The one-way transmission to subscribers of video	579
programming or of information that a cable operator makes	580
available to all subscribers generally;	581

(b) Subscriber interaction, if any, that is required for the	582
selection or use of video programming or of information that a	583
cable operator makes available to all subscribers generally, both	584
as described in division (F)(H)(2)(a) of this section;	585

(c) Any cable television service.

586

(3) "Cable system" means any facility, consisting of a set of	587
closed transmission paths and associated signal generation,	588
reception, and control equipment that is designed to provide cable	589
service that includes video programming and that is provided to	590
multiple subscribers within a community. "Cable system" does not	591
include any of the following:	592

(a) Any facility that serves only to retransmit the	593
television signals of one or more television broadcast stations;	594

(b) Any facility that serves subscribers without using any	595
public right-of-way;	596

(c) Any facility of a common carrier that, under 47 U.S.C.A.	597
522(7)(c), is excluded from the term "cable system" as defined in	598
47 U.S.C.A. 522(7);	599

(d) Any open video system that complies with 47 U.S.C.A. 573;

600

(e) Any facility of any electric utility used solely for	601
operating its electric utility system.	602

Sec. 2921.13.  (A) No person shall knowingly make a false	603
statement, or knowingly swear or affirm the truth of a false	604
statement previously made, when any of the following applies:	605

(1) The statement is made in any official proceeding.

606

(2) The statement is made with purpose to incriminate	607
another.	608

(3) The statement is made with purpose to mislead a public	609
official in performing the public official's official function.	610

(4) The statement is made with purpose to secure the payment	611
of unemployment compensation; Ohio works first; prevention,	612
retention, and contingency benefits and services; disability	613
assistance; retirement benefits; economic development assistance,	614
as defined in section 9.66 of the Revised Code; or other benefits	615
administered by a governmental agency or paid out of a public	616
treasury.	617

(5) The statement is made with purpose to secure the issuance	618
by a governmental agency of a license, permit, authorization,	619
certificate, registration, release, or provider agreement.	620

(6) The statement is sworn or affirmed before a notary public	621
or another person empowered to administer oaths.	622

(7) The statement is in writing on or in connection with a	623
report or return that is required or authorized by law.	624

(8) The statement is in writing and is made with purpose to	625
induce another to extend credit to or employ the offender, to	626
confer any degree, diploma, certificate of attainment, award of	627
excellence, or honor on the offender, or to extend to or bestow	628
upon the offender any other valuable benefit or distinction, when	629
the person to whom the statement is directed relies upon it to	630
that person's detriment.	631

(9) The statement is made with purpose to commit or	632
facilitate the commission of a theft offense.	633

(10) The statement is knowingly made to a probate court in	634
connection with any action, proceeding, or other matter within its	635
jurisdiction, either orally or in a written document, including,	636
but not limited to, an application, petition, complaint, or other	637
pleading, or an inventory, account, or report.	638

(11) The statement is made on an account, form, record,	639
stamp, label, or other writing that is required by law.	640

(12) The statement is made in connection with the purchase of	641
a firearm, as defined in section 2923.11 of the Revised Code, and	642
in conjunction with the furnishing to the seller of the firearm of	643
a fictitious or altered driver's or commercial driver's license or	644
permit, a fictitious or altered identification card, or any other	645
document that contains false information about the purchaser's	646
identity.	647

(13) The statement is made in a document or instrument of	648
writing that purports to be a judgment, lien, or claim of	649
indebtedness and is filed or recorded with the secretary of state,	650
a county recorder, or the clerk of a court of record.	651

(14) The statement is made in an application filed with a	652
county sheriff pursuant to section 2923.125 of the Revised Code in	653
order to obtain or renew a license to carry a concealed handgun or	654
is made in an affidavit submitted to a county sheriff to obtain a	655
temporary emergency license to carry a concealed handgun under	656
section 2923.1213 of the Revised Code.	657

(B) No person, in connection with the purchase of a firearm,	658
as defined in section 2923.11 of the Revised Code, shall knowingly	659
furnish to the seller of the firearm a fictitious or altered	660
driver's or commercial driver's license or permit, a fictitious or	661
altered identification card, or any other document that contains	662
false information about the purchaser's identity.	663

(C) No person, in an attempt to obtain a license to carry a	664
concealed handgun under section 2923.125 of the Revised Code,	665
shall knowingly present to a sheriff a fictitious or altered	666
document that purports to be certification of the person's	667
competence in handling a handgun as described in division (B)(3)	668
of section 2923.125 of the Revised Code.	669

(D) It is no defense to a charge under division (A)(4)(6) of	670
this section that the oath or affirmation was administered or	671
taken in an irregular manner.	672

(D)(E) If contradictory statements relating to the same fact	673
are made by the offender within the period of the statute of	674
limitations for falsification, it is not necessary for the	675
prosecution to prove which statement was false but only that one	676
or the other was false.	677

(E)(F)(1) Whoever violates division (A)(1), (2), (3), (4),	678
(5), (6), (7), (8), (10), (11), or (13) of this section is guilty	679
of falsification, a misdemeanor of the first degree.	680

(2) Whoever violates division (A)(9) of this section is	681
guilty of falsification in a theft offense. Except as otherwise	682
provided in this division, falsification in a theft offense is a	683
misdemeanor of the first degree. If the value of the property or	684
services stolen is five hundred dollars or more and is less than	685
five thousand dollars, falsification in a theft offense is a	686
felony of the fifth degree. If the value of the property or	687
services stolen is five thousand dollars or more and is less than	688
one hundred thousand dollars, falsification in a theft offense is	689
a felony of the fourth degree. If the value of the property or	690
services stolen is one hundred thousand dollars or more,	691
falsification in a theft offense is a felony of the third degree.	692

(3) Whoever violates division (A)(12) or (B) of this section	693
is guilty of falsification to purchase a firearm, a felony of the	694
fifth degree.	695

(F)(4) Whoever violates division (A)(14) or (C) of this	696
section is guilty of falsification to obtain a concealed handgun	697
license, a felony of the fourth degree.	698

(G) A person who violates this section is liable in a civil	699
action to any person harmed by the violation for injury, death, or	700
loss to person or property incurred as a result of the commission	701
of the offense and for reasonable attorney's fees, court costs,	702
and other expenses incurred as a result of prosecuting the civil	703
action commenced under this division. A civil action under this	704
division is not the exclusive remedy of a person who incurs	705
injury, death, or loss to person or property as a result of a	706
violation of this section.	707

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	708
Revised Code:	709

(A) "Deadly weapon" means any instrument, device, or thing	710
capable of inflicting death, and designed or specially adapted for	711
use as a weapon, or possessed, carried, or used as a weapon.	712

(B)(1) "Firearm" means any deadly weapon capable of expelling	713
or propelling one or more projectiles by the action of an	714
explosive or combustible propellant. "Firearm" includes an	715
unloaded firearm, and any firearm that is inoperable but that can	716
readily be rendered operable.	717

(2) When determining whether a firearm is capable of	718
expelling or propelling one or more projectiles by the action of	719
an explosive or combustible propellant, the trier of fact may rely	720
upon circumstantial evidence, including, but not limited to, the	721
representations and actions of the individual exercising control	722
over the firearm.	723

(C) "Handgun" means any of the following:

724

(1) Any firearm that has a short stock and is designed to be	725
held and fired while being held in oneby the use of a single	726
hand;	727

(2) Any combination of parts from which a firearm of a type	728
described in division (C)(1) of this section can be assembled.	729

(D) "Semi-automatic firearm" means any firearm designed or	730
specially adapted to fire a single cartridge and automatically	731
chamber a succeeding cartridge ready to fire, with a single	732
function of the trigger.	733

(E) "Automatic firearm" means any firearm designed or	734
specially adapted to fire a succession of cartridges with a single	735
function of the trigger. "Automatic firearm" also means any	736
semi-automatic firearm designed or specially adapted to fire more	737
than thirty-one cartridges without reloading, other than a firearm	738
chambering only .22 caliber short, long, or long-rifle cartridges.	739

(F) "Sawed-off firearm" means a shotgun with a barrel less	740
than eighteen inches long, or a rifle with a barrel less than	741
sixteen inches long, or a shotgun or rifle less than twenty-six	742
inches long overall.	743

(G) "Zip-gun" means any of the following:

744

(1) Any firearm of crude and extemporized manufacture;

745

(2) Any device, including without limitation a starter's	746
pistol, that is not designed as a firearm, but that is specially	747
adapted for use as a firearm;	748

(3) Any industrial tool, signalling device, or safety device,	749
that is not designed as a firearm, but that as designed is capable	750
of use as such, when possessed, carried, or used as a firearm.	751

(H) "Explosive device" means any device designed or specially	752
adapted to cause physical harm to persons or property by means of	753
an explosion, and consisting of an explosive substance or agency	754
and a means to detonate it. "Explosive device" includes without	755
limitation any bomb, any explosive demolition device, any blasting	756
cap or detonator containing an explosive charge, and any pressure	757
vessel that has been knowingly tampered with or arranged so as to	758
explode.	759

(I) "Incendiary device" means any firebomb, and any device	760
designed or specially adapted to cause physical harm to persons or	761
property by means of fire, and consisting of an incendiary	762
substance or agency and a means to ignite it.	763

(J) "Ballistic knife" means a knife with a detachable blade	764
that is propelled by a spring-operated mechanism.	765

(K) "Dangerous ordnance" means any of the following, except	766
as provided in division (L) of this section:	767

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	768
knife;	769

(2) Any explosive device or incendiary device;

770

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	771
cyclonite, TNT, picric acid, and other high explosives; amatol,	772
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	773
explosive compositions; plastic explosives; dynamite, blasting	774
gelatin, gelatin dynamite, sensitized ammonium nitrate,	775
liquid-oxygen blasting explosives, blasting powder, and other	776
blasting agents; and any other explosive substance having	777
sufficient brisance or power to be particularly suitable for use	778
as a military explosive, or for use in mining, quarrying,	779
excavating, or demolitions;	780

(4) Any firearm, rocket launcher, mortar, artillery piece,	781
grenade, mine, bomb, torpedo, or similar weapon, designed and	782
manufactured for military purposes, and the ammunition for that	783
weapon;	784

(5) Any firearm muffler or silencer;

785

(6) Any combination of parts that is intended by the owner	786
for use in converting any firearm or other device into a dangerous	787
ordnance.	788

(L) "Dangerous ordnance" does not include any of the	789
following:	790

(1) Any firearm, including a military weapon and the	791
ammunition for that weapon, and regardless of its actual age, that	792
employs a percussion cap or other obsolete ignition system, or	793
that is designed and safe for use only with black powder;	794

(2) Any pistol, rifle, or shotgun, designed or suitable for	795
sporting purposes, including a military weapon as issued or as	796
modified, and the ammunition for that weapon, unless the firearm	797
is an automatic or sawed-off firearm;	798

(3) Any cannon or other artillery piece that, regardless of	799
its actual age, is of a type in accepted use prior to 1887, has no	800
mechanical, hydraulic, pneumatic, or other system for absorbing	801
recoil and returning the tube into battery without displacing the	802
carriage, and is designed and safe for use only with black powder;	803

(4) Black powder, priming quills, and percussion caps	804
possessed and lawfully used to fire a cannon of a type defined in	805
division (L)(3) of this section during displays, celebrations,	806
organized matches or shoots, and target practice, and smokeless	807
and black powder, primers, and percussion caps possessed and	808
lawfully used as a propellant or ignition device in small-arms or	809
small-arms ammunition;	810

(5) Dangerous ordnance that is inoperable or inert and cannot	811
readily be rendered operable or activated, and that is kept as a	812
trophy, souvenir, curio, or museum piece.	813

(6) Any device that is expressly excepted from the definition	814
of a destructive device pursuant to the "Gun Control Act of 1968,"	815
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	816
issued under that act.	817

(M) "Explosive" means any chemical compound, mixture, or	818
device, the primary or common purpose of which is to function by	819
explosion. "Explosive" includes all materials that have been	820
classified as class A, class B, or class C explosives by the	821
United States department of transportation in its regulations and	822
includes, but is not limited to, dynamite, black powder, pellet	823
powders, initiating explosives, blasting caps, electric blasting	824
caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses,	825
instantaneous fuses, and igniter cords and igniters. "Explosive"	826
does not include "fireworks," as defined in section 3743.01 of the	827
Revised Code, or any explosive that is not subject to regulation	828
under the rules of the fire marshal adopted pursuant to section	829
3737.82 of the Revised Code.	830

Sec. 2923.12.  (A) No person shall knowingly carry or have,	831
concealed on his or herthe person's person or concealed ready at	832
hand, any of the following:	833

(1) A deadly weapon orother than a handgun;

834

(2) A handgun other than a dangerous ordnance;

835

(3) A dangerous ordnance.

836

(B) No person who has been issued a license or temporary	837
emergency license to carry a concealed handgun under section	838
2923.125 or 2923.1213 of the Revised Code or a license to carry a	839
concealed hangun that was issued by another state with which the	840
attorney general has entered into a reciprocity agreement under	841
section 109.69 of the Revised Code, who is stopped for a law	842
enforcement purpose, and who is carrying a concealed handgun shall	843
fail to promptly inform any law enforcement officer who approaches	844
the person after the person has been stopped that the person has	845
been issued a license or temporary emergency license to carry a	846
concealed handgun and that the person then is carrying a concealed	847
handgun.	848

(C)(1) This section does not apply to officers, agents, or	849
employees of this or any other state or the United States, or to	850
law enforcement officers, authorized to carry concealed weapons or	851
dangerous ordnance, and acting within the scope of their duties.	852

(2) Division (A)(2) of this section does not apply to any of	853
the following:	854

(a) An officer, agent, or employee of this or any other state	855
or the United States, or a law enforcement officer, who is	856
authorized to carry a handgun and acting within the scope of the	857
officer's, agent's, or employee's duties;	858

(b) A person who, at the time of the alleged carrying or	859
possession of a handgun, is carrying a valid license or temporary	860
emergency license to carry a concealed handgun issued to the	861
person under section 2923.125 or 2923.1213 of the Revised Code or	862
a license to carry a concealed handgun that was issued by another	863
state with which the attorney general has entered into a	864
reciprocity agreement under section 109.69 of the Revised Code,	865
unless the person knowingly is in a place described in division	866
(B) of section 2923.126 of the Revised Code.	867

(C)(D) It is an affirmative defense to a charge under	868
division (A) (1) of this section of carrying or having control of	869
a weapon other than a handgun and other than a dangerous ordnance,	870
that the actor was not otherwise prohibited by law from having the	871
weapon, and that any of the following applyapplies:	872

(1) The weapon was carried or kept ready at hand by the actor	873
for defensive purposes, while the actor was engaged in or was	874
going to or from the actor's lawful business or occupation, which	875
business or occupation was of sucha character or was necessarily	876
carried on in sucha manner or at such a time or place as to	877
render the actor particularly susceptible to criminal attack, such	878
as would justify a prudent person in going armed.	879

(2) The weapon was carried or kept ready at hand by the actor	880
for defensive purposes, while the actor was engaged in a lawful	881
activity and had reasonable cause to fear a criminal attack upon	882
the actor or, a member of the actor's family, or upon the actor's	883
home, such as would justify a prudent person in going armed.	884

(3) The weapon was carried or kept ready at hand by the actor	885
for any lawful purpose and while in the actor's own home.	886

(4) The weapon was being transported in a motor vehicle for	887
any lawful purpose, and was not on the actor's person, and, if the	888
weapon was a firearm, was carried in compliance with the	889
applicable requirements of division (C) of section 2923.16 of the	890
Revised Code.	891

(D)(E) It is an affirmative defense to a charge under	892
division (A) of this section of carrying or having control of a	893
handgun other than a dangerous ordnance that the actor was not	894
otherwise prohibited by law from having the handgun and that the	895
handgun was carried or kept ready at hand by the actor for any	896
lawful purpose and while in the actor's own home, provided that	897
this affirmative defense is not available unless the actor, prior	898
to arriving at the actor's own home, did not transport or possess	899
the handgun in a motor vehicle in a manner prohibited by division	900
(B) or (C) of section 2923.16 of the Revised Code while the motor	901
vehicle was being operated on a street, highway, or other public	902
or private property used by the public for vehicular traffic.	903

(F) No person who is charged with a violation of this section	904
shall be required to obtain a license or temporary emergency	905
license to carry a concealed handgun under section 2923.125 or	906
2923.1213 of the Revised Code as a condition for the dismissal of	907
the charge.	908

(G)(1) Whoever violates this section is guilty of carrying	909
concealed weapons,. Except as otherwise provided in this division	910
or division (G)(2) of this section, carrying concealed weapons in	911
violation of division (A) of this section is a misdemeanor of the	912
first degree. IfExcept as otherwise provided in this division or	913
division (G)(2) of this section, if the offender previously has	914
been convicted of a violation of this section or of any offense of	915
violence, if the weapon involved is a firearm that is either	916
loaded or for which the offender has ammunition ready at hand, or	917
if the weapon involved is dangerous ordnance, carrying concealed	918
weapons in violation of division (A) of this section is a felony	919
of the fourth degree. IfExcept as otherwise provided in division	920
(G)(2) of this section, if the weapon involved is a firearm and	921
the violation of this section is committed at premises for which a	922
D permit has been issued under Chapter 4303. of the Revised Code	923
or if the offense is committed aboard an aircraft, or with purpose	924
to carry a concealed weapon aboard an aircraft, regardless of the	925
weapon involved, carrying concealed weapons in violation of	926
division (A) of this section is a felony of the third degree.	927

(2) If a person being arrested for a violation of division	928
(A)(2) of this section promptly produces a valid license or	929
temporary emergency license to carry a concealed handgun issued	930
under section 2923.125 or 2923.1213 of the Revised Code or a	931
license to carry a concealed handgun that was issued by another	932
state with which the attorney general has entered into a	933
reciprocity agreement under section 109.69 of the Revised Code,	934
and if at the time of the violation the person was not knowingly	935
in a place described in division (B) of section 2923.126 of the	936
Revised Code, the officer shall not arrest the person for a	937
violation of that division. If the person is not able to promptly	938
produce any of those types of license and if the person is not in	939
a place described in that section, the officer may arrest the	940
person for a violation of that division, and the offender shall be	941
punished as follows:	942

(a) The offender shall be guilty of a minor misdemeanor if	943
both of the following apply:	944

(i) Within ten days after the arrest, the offender presents a	945
license or temporary emergency license to carry a concealed	946
handgun issued under section 2923.125 or 2923.1213 of the Revised	947
Code or a license to carry a concealed handgun that was issued by	948
another state with which the attorney general has entered into a	949
reciprocity agreement under section 109.69 of the Revised Code,	950
which license was valid at the time of the arrest to the law	951
enforcement agency that employs the arresting officer.	952

(ii) At the time of the arrest, the offender was not	953
knowingly in a place described in division (B) of section 2923.126	954
of the Revised Code.	955

(b) The offender shall be guilty of a misdemeanor and shall	956
be fined five hundred dollars if all of the following apply:	957

(i) The offender previously had been issued a license to	958
carry a concealed handgun under section 2923.125 of the Revised	959
Code or a license to carry a concealed handgun that was issued by	960
another state with which the attorney general has entered into a	961
reciprocity agreement under section 109.69 of the Revised Code and	962
that was similar in nature to a license issued under section	963
2923.125 of the Revised Code, and that license expired within the	964
two years immediately preceding the arrest.	965

(ii) Within forty-five days after the arrest, the offender	966
presents any type of license identified in division (G)(2)(a)(i)	967
of this section to the law enforcement agency that employed the	968
arresting officer, and the offender waives in writing the	969
offender's right to a speedy trial on the charge of the violation	970
that is provided in section 2945.71 of the Revised Code.	971

(iii) At the time of the commission of the offense, the	972
offender was not knowingly in a place described in division (B) of	973
section 2923.126 of the Revised Code.	974

(c) If neither division (G)(2)(a) nor (b) of this section	975
applies, the offender shall be punished under division (G)(1) of	976
this section.	977

(3) Carrying concealed weapons in violation of division (B)	978
of this section is a misdemeanor of the fourth degree.	979

(H) If a law enforcement officer stops a person to question	980
the person regarding a possible violation of this section, for a	981
traffic stop, or for any other law enforcement purpose, if the	982
person surrenders a firearm to the officer, either voluntarily or	983
pursuant to a request or demand of the officer, and if the officer	984
does not charge the person with a violation of this section or	985
arrest the person for any offense, the person is not otherwise	986
prohibited by law from possessing the firearm, and the firearm is	987
not contraband, the officer shall return the firearm to the person	988
at the termination of the stop.	989

Sec. 2923.121.  (A) No person shall possess a firearm in any	990
room in which liquor is being dispensed in premises for which a D	991
permit has been issued under Chapter 4303. of the Revised Code or	992
in an open air arena for which a permit of that nature has been	993
issued.	994

(B)(1) This section does not apply to officers, agents, or	995
employees of this or any other state or the United States, or to	996
law enforcement officers, authorized to carry firearms, and acting	997
within the scope of their duties.	998

(2) This section does not apply to any room used for the	999
accommodation of guests of a hotel, as defined in section 4301.01	1000
of the Revised Code.	1001

(3) This section does not prohibit any person who is a member	1002
of a veteran's organization, as defined in section 2915.01 of the	1003
Revised Code, from possessing a rifle in any room in any premises	1004
owned, leased, or otherwise under the control of the veteran's	1005
organization, if the rifle is not loaded with live ammunition and	1006
if the person otherwise is not prohibited by law from having the	1007
rifle.	1008

(4) This section does not apply to any person possessing or	1009
displaying firearms in any room used to exhibit unloaded firearms	1010
for sale or trade in a soldiers' memorial established pursuant to	1011
Chapter 345. of the Revised Code, in a convention center, or in	1012
any other public meeting place, if the person is an exhibitor,	1013
trader, purchaser, or seller of firearms and is not otherwise	1014
prohibited by law from possessing, trading, purchasing, or selling	1015
the firearms.	1016

(C) It is an affirmative defense to a charge under this	1017
section of illegal possession of a firearm in liquor permit	1018
premises that involves the possession of a firearm other than a	1019
handgun, that the actor was not otherwise prohibited by law from	1020
having the firearm, and that any of the following apply:	1021

(1) The firearm was carried or kept ready at hand by the	1022
actor for defensive purposes, while the actor was engaged in or	1023
was going to or from the actor's lawful business or occupation,	1024
which business or occupation was of such character or was	1025
necessarily carried on in such manner or at such a time or place	1026
as to render the actor particularly susceptible to criminal	1027
attack, such as would justify a prudent person in going armed.	1028

(2) The firearm was carried or kept ready at hand by the	1029
actor for defensive purposes, while the actor was engaged in a	1030
lawful activity, and had reasonable cause to fear a criminal	1031
attack upon the actor or a member of the actor's family, or upon	1032
the actor's home, such as would justify a prudent person in going	1033
armed.	1034

(D) No person who is charged with a violation of this section	1035
shall be required to obtain a license or temporary emergency	1036
license to carry a concealed handgun under section 2923.125 or	1037
2923.1213 of the Revised Code as a condition for the dismissal of	1038
the charge.	1039

(E) Whoever violates this section is guilty of illegal	1040
possession of a firearm in liquor permit premises, a felony of the	1041
fifth degree.	1042

Sec. 2923.122.  (A) No person shall knowingly convey, or	1043
attempt to convey, a deadly weapon or dangerous ordnance into a	1044
school safety zone.	1045

(B) No person shall knowingly possess a deadly weapon or	1046
dangerous ordnance in a school safety zone.	1047

(C) No person shall knowingly possess an object in a school	1048
safety zone if both of the following apply:	1049

(1) The object is indistinguishable from a firearm, whether	1050
or not the object is capable of being fired.	1051

(2) The person indicates that the person possesses the object	1052
and that it is a firearm, or the person knowingly displays or	1053
brandishes the object and indicates that it is a firearm.	1054

(D)(1) This section does not apply to officers, agents, or	1055
employees of this or any other state or the United States, or to	1056
law enforcement officers, authorized to carry deadly weapons or	1057
dangerous ordnance and acting within the scope of their duties, to	1058
any security officer employed by a board of education or governing	1059
body of a school during the time that the security officer is on	1060
duty pursuant to that contract of employment, or to any other	1061
person who has written authorization from the board of education	1062
or governing body of a school to convey deadly weapons or	1063
dangerous ordnance into a school safety zone or to possess a	1064
deadly weapon or dangerous ordnance in a school safety zone and	1065
who conveys or possesses the deadly weapon or dangerous ordnance	1066
in accordance with that authorization.	1067

(2) Division (C) of this section does not apply to premises	1068
upon which home schooling is conducted. Division (C) of this	1069
section also does not apply to a school administrator, teacher, or	1070
employee who possesses an object that is indistinguishable from a	1071
firearm for legitimate school purposes during the course of	1072
employment, a student who uses an object that is indistinguishable	1073
from a firearm under the direction of a school administrator,	1074
teacher, or employee, or any other person who with the express	1075
prior approval of a school administrator possesses an object that	1076
is indistinguishable from a firearm for a legitimate purpose,	1077
including the use of the object in a ceremonial activity, a play,	1078
reenactment, or other dramatic presentation, or a ROTC activity or	1079
another similar use of the object.	1080

(3) This section does not apply to a person who conveys or	1081
attempts to convey a handgun into, or possesses a handgun in, a	1082
school safety zone if, at the time of that conveyance, attempted	1083
conveyance, or possession of the handgun, all of the following	1084
apply:	1085

(a) The person does not enter into a school building or onto	1086
school premises and is not at a school activity.	1087

(b) The person is carrying a valid license or temporary	1088
emergency license to carry a concealed handgun issued to the	1089
person under section 2923.125 or 2923.1213 of the Revised Code or	1090
a license to carry a concealed handgun that was issued by another	1091
state with which the attorney general has entered into a	1092
reciprocity agreement under section 109.69 of the Revised Code.	1093

(c) The person is in the school safety zone in accordance	1094
with 18 U.S.C. 922(q)(2)(B).	1095

(d) The person is not knowingly in a place described in	1096
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	1097
Revised Code.	1098

(E)(1) Whoever violates division (A) or (B) of this section	1099
is guilty of illegal conveyance or possession of a deadly weapon	1100
or dangerous ordnance in a school safety zone. Except as otherwise	1101
provided in this division, illegal conveyance or possession of a	1102
deadly weapon or dangerous ordnance in a school safety zone is a	1103
felony of the fifth degree. If the offender previously has been	1104
convicted of a violation of this section, illegal conveyance or	1105
possession of a deadly weapon or dangerous ordnance in a school	1106
safety zone is a felony of the fourth degree.	1107

(2) Whoever violates division (C) of this section is guilty	1108
of illegal possession of an object indistinguishable from a	1109
firearm in a school safety zone. Except as otherwise provided in	1110
this division, illegal possession of an object indistinguishable	1111
from a firearm in a school safety zone is a misdemeanor of the	1112
first degree. If the offender previously has been convicted of a	1113
violation of this section, illegal possession of an object	1114
indistinguishable from a firearm in a school safety zone is a	1115
felony of the fifth degree.	1116

(F)(1) In addition to any other penalty imposed upon a person	1117
who is convicted of or pleads guilty to a violation of this	1118
section and subject to division (F)(2) of this section, if the	1119
offender has not attained nineteen years of age, regardless of	1120
whether the offender is attending or is enrolled in a school	1121
operated by a board of education or for which the state board of	1122
education prescribes minimum standards under section 3301.07 of	1123
the Revised Code, the court shall impose upon the offender	1124
whichever of the following penalties applies:	1125

(a) If the offender has been issued a probationary driver's	1126
license, restricted license, driver's license, or probationary	1127
commercial driver's license that then is in effect, the court	1128
shall suspend for a period of not less than twelve months and not	1129
more than thirty-six months that license of the offender.	1130

(b) If the offender has been issued a temporary instruction	1131
permit that then is in effect, the court shall revoke it and deny	1132
the offender the issuance of another temporary instruction permit,	1133
and the period of denial shall be for not less than twelve months	1134
and not more than thirty-six months.	1135

(c) If the offender has been issued a commercial driver's	1136
license temporary instruction permit that then is in effect, the	1137
court shall suspend the offender's driver's license, revoke the	1138
commercial driver's license temporary instruction permit, and deny	1139
the offender the issuance of another commercial driver's license	1140
temporary instruction permit, and the period of suspension plus	1141
the period of denial shall total not less than twelve months and	1142
not more than thirty-six months.	1143

(d) If, on the date the court imposes sentence upon the	1144
offender for a violation of this section, the offender has not	1145
been issued any type of license that then is in effect to operate	1146
a motor vehicle in this state or a temporary instruction permit	1147
that then is in effect, the court shall deny the offender the	1148
issuance of a temporary instruction permit for a period of not	1149
less than twelve months and not more than thirty-six months.	1150

(e) If the offender is not a resident of this state, the	1151
court shall suspend for a period of not less than twelve months	1152
and not more than thirty-six months the nonresident operating	1153
privilege of the offender.	1154

(2) If the offender shows good cause why the court should not	1155
suspend or revoke one of the types of licenses, permits, or	1156
privileges specified in division (F)(1) of this section or deny	1157
the issuance of one of the temporary instruction permits specified	1158
in that division, the court in its discretion may choose not to	1159
impose the suspension, revocation, or denial required in that	1160
division.	1161

(G) As used in this section, "object that is	1162
indistinguishable from a firearm" means an object made,	1163
constructed, or altered so that, to a reasonable person without	1164
specialized training in firearms, the object appears to be a	1165
firearm.	1166

Sec. 2923.123.  (A) No person shall knowingly convey or	1167
attempt to convey a deadly weapon or dangerous ordnance into a	1168
courthouse or into another building or structure in which a	1169
courtroom is located.	1170

(B) No person shall knowingly possess or have under the	1171
person's control a deadly weapon or dangerous ordnance in a	1172
courthouse or in another building or structure in which a	1173
courtroom is located.	1174

(C) This section does not apply to any of the following:

1175

(1) A judge of a court of record of this state or a	1176
magistrate, unless a rule of superintendence or another type of	1177
rule adopted by the supreme court pursuant to Article IV, Ohio	1178
Constitution, or an applicable local rule of court prohibits all	1179
persons from conveying or attempting to convey a deadly weapon or	1180
dangerous ordnance into a courthouse or into another building or	1181
structure in which a courtroom is located or from possessing or	1182
having under one's control a deadly weapon or dangerous ordnance	1183
in a courthouse or in another building or structure in which a	1184
courtroom is located;	1185

(2) A peace officer, or an officer of a law enforcement	1186
agency of another state, a political subdivision of another state,	1187
or the United States, who is authorized to carry a deadly weapon	1188
or dangerous ordnance, who possesses or has under that	1189
individual's control a deadly weapon or dangerous ordnance as a	1190
requirement of that individual's duties, and who is acting within	1191
the scope of that individual's duties at the time of that	1192
possession or control, unless a rule of superintendence or another	1193
type of rule adopted by the supreme court pursuant to Article IV,	1194
Ohio Constitution, or an applicable local rule of court prohibits	1195
all persons from conveying or attempting to convey a deadly weapon	1196
or dangerous ordnance into a courthouse or into another building	1197
or structure in which a courtroom is located or from possessing or	1198
having under one's control a deadly weapon or dangerous ordnance	1199
in a courthouse or in another building or structure in which a	1200
courtroom is located;	1201

(3) A person who conveys, attempts to convey, possesses, or	1202
has under the person's control a deadly weapon or dangerous	1203
ordnance that is to be used as evidence in a pending criminal or	1204
civil action or proceeding;	1205

(4) A bailiff or deputy bailiff of a court of record of this	1206
state who is authorized to carry a firearm pursuant to section	1207
109.77 of the Revised Code, who possesses or has under that	1208
individual's control a firearm as a requirement of that	1209
individual's duties, and who is acting within the scope of that	1210
individual's duties at the time of that possession or control,	1211
unless a rule of superintendence or another type of rule adopted	1212
by the supreme court pursuant to Article IV, Ohio Constitution, or	1213
an applicable local rule of court prohibits all persons from	1214
conveying or attempting to convey a deadly weapon or dangerous	1215
ordnance into a courthouse or into another building or structure	1216
in which a courtroom is located or from possessing or having under	1217
one's control a deadly weapon or dangerous ordnance in a	1218
courthouse or in another building or structure in which a	1219
courtroom is located;	1220

(5) A prosecutor, or a secret service officer appointed by a	1221
county prosecuting attorney, who is authorized to carry a deadly	1222
weapon or dangerous ordnance in the performance of the	1223
individual's duties, who possesses or has under that individual's	1224
control a deadly weapon or dangerous ordnance as a requirement of	1225
that individual's duties, and who is acting within the scope of	1226
that individual's duties at the time of that possession or	1227
control, unless a rule of superintendence or another type of rule	1228
adopted by the supreme court pursuant to Article IV of the Ohio	1229
Constitution or an applicable local rule of court prohibits all	1230
persons from conveying or attempting to convey a deadly weapon or	1231
dangerous ordnance into a courthouse or into another building or	1232
structure in which a courtroom is located or from possessing or	1233
having under one's control a deadly weapon or dangerous ordnance	1234
in a courthouse or in another building or structure in which a	1235
courtroom is located;	1236

(6) A person who conveys or attempts to convey a handgun into	1237
a courthouse or into another building or structure in which a	1238
courtroom is located, who, at the time of the conveyance or	1239
attempt, is carrying a valid license or temporary emergency	1240
license to carry a concealed handgun issued to the person under	1241
section 2923.125 or 2923.1213 of the Revised Code or a license to	1242
carry a concealed handgun that was issued by another state with	1243
which the attorney general has entered into a reciprocity	1244
agreement under section 109.69 of the Revised Code, and who	1245
transfers possession of the handgun to the officer or officer's	1246
designee who has charge of the courthouse or building. The officer	1247
shall secure the handgun until the licensee is prepared to leave	1248
the premises. The exemption described in this division applies	1249
only if the officer who has charge of the courthouse or building	1250
provides services of the nature described in this division. An	1251
officer who has charge of the courthouse or building is not	1252
required to offer services of the nature described in this	1253
division. The exemption described in this division does not apply	1254
if a rule of superintendence or another type of rule adopted by	1255
the supreme court pursuant to Article IV, Ohio Constitution, or if	1256
an applicable local rule of court prohibits all persons from	1257
conveying or attempting to convey a deadly weapon or dangerous	1258
ordnance into a courthouse or into another building or structure	1259
in which a courtroom is located or from possessing or having under	1260
one's control a deadly weapon or dangerous ordnance in a	1261
courthouse or in another building or structure in which a	1262
courtroom is located.	1263

(D)(1) Whoever violates division (A) of this section is	1264
guilty of illegal conveyance of a deadly weapon or dangerous	1265
ordnance into a courthouse. Except as otherwise provided in this	1266
division, illegal conveyance of a deadly weapon or dangerous	1267
ordnance into a courthouse is a felony of the fifth degree. If the	1268
offender previously has been convicted of a violation of division	1269
(A) or (B) of this section, illegal conveyance of a deadly weapon	1270
or dangerous ordnance into a courthouse is a felony of the fourth	1271
degree.	1272

(2) Whoever violates division (B) of this section is guilty	1273
of illegal possession or control of a deadly weapon or dangerous	1274
ordnance in a courthouse. Except as otherwise provided in this	1275
division, illegal possession or control of a deadly weapon or	1276
dangerous ordnance in a courthouse is a felony of the fifth	1277
degree. If the offender previously has been convicted of a	1278
violation of division (A) or (B) of this section, illegal	1279
possession or control of a deadly weapon or dangerous ordnance in	1280
a courthouse is a felony of the fourth degree.	1281

(E) As used in this section:

1282

(1) "Magistrate" means an individual who is appointed by a	1283
court of record of this state and who has the powers and may	1284
perform the functions specified in Civil Rule 53, Criminal Rule	1285
19, or Juvenile Rule 40.	1286

(2) "Peace officer" and "prosecutor" have the same meanings	1287
as in section 2935.01 of the Revised Code.	1288

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	1289
the Revised Code:	1290

(A) "Application form" means the application form prescribed	1291
pursuant to division (A)(1) of section 109.731 of the Revised Code	1292
and includes a copy of that form.	1293

(B) "Competency certification" and "competency certificate"	1294
mean a document of the type described in division (B)(3) of	1295
section 2923.125 of the Revised Code.	1296

(C) "Detention facility" has the same meaning as in section	1297
2921.01 of the Revised Code.	1298

(D) "Licensee" means a person to whom a license to carry a	1299
concealed handgun has been issued under section 2923.125 of the	1300
Revised Code and, except when the context clearly indicates	1301
otherwise, includes a person to whom a temporary emergency license	1302
to carry a concealed handgun has been issued under section	1303
2923.1213 of the Revised Code.	1304

(E) "License fee" or "license renewal fee" means the fee for	1305
a license to carry a concealed handgun or the fee to renew that	1306
license that is prescribed pursuant to division (C) of section	1307
109.731 of the Revised Code and that is to be paid by an applicant	1308
for a license of that type.	1309

(F) "Peace officer" has the same meaning as in section	1310
2935.01 of the Revised Code.	1311

(G) "State correctional institution" has the same meaning as	1312
in section 2967.01 of the Revised Code.	1313

(H) "Valid license" means a license or temporary emergency	1314
license to carry a concealed handgun that has been issued under	1315
section 2923.125 or 2923.1213 of the Revised Code, that is	1316
currently valid, that is not under a suspension under division	1317
(A)(1) of section 2923.128 or under sectiom 2923.1213 of the	1318
Revised Code, and that has not been revoked under division (B)(1)	1319
of section 2923.128 or under section 2923.1213 of the Revised	1320
Code.	1321

(I) "Civil protection order" means a protection order issued,	1322
or consent agreement approved, under section 2903.214 or 3113.31	1323
of the Revised Code.	1324

(J) "Temporary protection order" means a protection order	1325
issued under section 2903.213 or 2919.26 of the Revised Code.	1326

(K) "Protection order issued by a court of another state" has	1327
the same meaning as in section 2919.27 of the Revised Code.	1328

(L) "Child day-care center," "type A family day-care home"	1329
and "type B family day-care home" have the same meanings as in	1330
section 5104.01 of the Revised Code.	1331

(M) "Type C family day-care home" means a family day-care	1332
home authorized to provide child day-care by Sub. H.B. 62 of the	1333
121st General Assembly, as amended by Am. Sub. S.B. 160 of the	1334
121st General Assembly and Sub. H.B. 407 of the 123rd General	1335
Assembly.	1336

(N) "Foreign air transportation," "interstate air	1337
transportation," and "intrastate air transportation" have the same	1338
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1339

Sec. 2923.125.  (A) Upon the request of a person who wishes	1340
to obtain a license to carry a concealed handgun or to renew a	1341
license to carry a concealed handgun, a sheriff shall provide to	1342
the person free of charge an application form and a copy of the	1343
pamphlet described in division (B) of section 109.731 of the	1344
Revised Code.	1345

(B) An applicant for a license to carry a concealed handgun	1346
shall submit a completed application form and all of the following	1347
to the sheriff of the county in which the applicant resides or to	1348
the sheriff of any county adjacent to the county in which the	1349
applicant resides:	1350

(1) A nonrefundable license fee prescribed by the Ohio peace	1351
officer training commission pursuant to division (C) of section	1352
109.731 of the Revised Code, except that the sheriff shall waive	1353
the payment of the license fee in connection with an initial or	1354
renewal application for a license that is submitted by an	1355
applicant who is a retired peace officer, a retired person	1356
described in division (B)(1)(b) of section 109.77 of the Revised	1357
Code, or a retired federal law enforcement officer who, prior to	1358
retirement, was authorized under federal law to carry a firearm in	1359
the course of duty, unless the retired peace officer, person, or	1360
federal law enforcement officer retired as the result of a mental	1361
disability;	1362

(2) A color photograph of the applicant that was taken within	1363
thirty days prior to the date of the application;	1364

(3) One or more of the following competency certifications,	1365
each of which shall reflect that, regarding a certification	1366
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1367
section, within the three years immediately preceding the	1368
application the applicant has performed that to which the	1369
competency certification relates and that, regarding a	1370
certification described in division (B)(3)(d) of this section, the	1371
applicant currently is an active or reserve member of the armed	1372
forces of the United States or within the six years immediately	1373
preceding the application the honorable discharge or retirement to	1374
which the competency certification relates occurred:	1375

(a) An original or photocopy of a certificate of completion	1376
of a firearms safety, training, or requalification or firearms	1377
safety instructor course, class, or program that was offered by or	1378
under the auspices of the national rifle association and that	1379
complies with the requirements set forth in division (G) of this	1380
section;	1381

(b) An original or photocopy of a certificate of completion	1382
of a firearms safety, training, or requalification or firearms	1383
safety instructor course, class, or program that satisfies all of	1384
the following criteria:	1385

(i) It was open to members of the general public.

1386

(ii) It utilized qualified instructors who were certified by	1387
the national rifle association, the executive director of the Ohio	1388
peace officer training commission pursuant to section 109.75 or	1389
109.78 of the Revised Code, or a governmental official or entity	1390
of another state.	1391

(iii) It was offered by or under the auspices of a law	1392
enforcement agency of this or another state or the United States,	1393
a public or private college, university, or other similar	1394
postsecondary educational institution located in this or another	1395
state, a firearms training school located in this or another	1396
state, or another type of public or private entity or organization	1397
located in this or another state.	1398

(iv) It complies with the requirements set forth in division	1399
(G) of this section.	1400

(c) An original or photocopy of a certificate of completion	1401
of a state, county, municipal, or department of natural resources	1402
peace officer training school that is approved by the executive	1403
director of the Ohio peace officer training commission pursuant to	1404
section 109.75 of the Revised Code and that complies with the	1405
requirements set forth in division (G) of this section, or the	1406
applicant has satisfactorily completed and been issued a	1407
certificate of completion of a basic firearms training program, a	1408
firearms requalification training program, or another basic	1409
training program described in section 109.78 or 109.801 of the	1410
Revised Code that complies with the requirements set forth in	1411
division (G) of this section;	1412

(d) A document that evidences both of the following:

1413

(i) That the applicant is an active or reserve member of the	1414
armed forces of the United States, was honorably discharged from	1415
military service in the active or reserve armed forces of the	1416
United States, is a retired trooper of the state highway patrol,	1417
or is a retired peace officer or federal law enforcement officer	1418
described in division (B)(1) of this section or a retired person	1419
described in division (B)(1)(b) of section 109.77 of the Revised	1420
Code and division (B)(1) of this section;	1421

(ii) That, through participation in the military service or	1422
through the former employment described in division (B)(3)(d)(i)	1423
of this section, the applicant acquired experience with handling	1424
handguns or other firearms, and the experience so acquired was	1425
equivalent to training that the applicant could have acquired in a	1426
course, class, or program described in division (B)(3)(a), (b), or	1427
(c) of this section.	1428

(e) A certificate or another similar document that evidences	1429
satisfactory completion of a firearms training, safety, or	1430
requalification or firearms safety instructor course, class, or	1431
program that is not otherwise described in division (B)(3)(a),	1432
(b), (c), or (d) of this section, that was conducted by an	1433
instructor who was certified by an official or entity of the	1434
government of this or another state or the United States or by the	1435
national rifle association, and that complies with the	1436
requirements set forth in division (G) of this section;	1437

(f) An affidavit that attests to the applicant's satisfactory	1438
completion of a course, class, or program described in division	1439
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1440
by the applicant's instructor or an authorized representative of	1441
the entity that offered the course, class, or program or under	1442
whose auspices the course, class, or program was offered.	1443

(4) A certification by the applicant that the applicant has	1444
read the pamphlet prepared by the Ohio peace officer training	1445
commission pursuant to section 109.731 of the Revised Code that	1446
reviews firearms, dispute resolution, and use of deadly force	1447
matters.	1448

(5) A set of fingerprints of the applicant provided as	1449
described in section 311.41 of the Revised Code through use of an	1450
electronic fingerprint reading device or, if the sheriff to whom	1451
the application is submitted does not possess and does not have	1452
ready access to the use of such a reading device, on a standard	1453
impression sheet prescribed pursuant to division (C)(2) of section	1454
109.572 of the Revised Code.	1455

(C) Upon receipt of an applicant's completed application	1456
form, supporting documentation, and, if not waived, license fee, a	1457
sheriff shall conduct or cause to be conducted the criminal	1458
records check and the incompetency records check described in	1459
section 311.41 of the Revised Code.	1460

(D)(1) Except as provided in division (D)(3), (4), or (5) of	1461
this section, within forty-five days after receipt of an	1462
applicant's completed application form for a license to carry a	1463
concealed handgun, the supporting documentation, and, if not	1464
waived, license fee, a sheriff shall make available through the	1465
law enforcement automated data system in accordance with division	1466
(H) of this section the information described in that division	1467
and, upon making the information available through the system,	1468
shall issue to the applicant a license to carry a concealed	1469
handgun that shall expire four years after the date of issuance if	1470
all of the following apply:	1471

(a) The applicant has been a resident of this state for at	1472
least forty-five days and a resident of the county in which the	1473
person seeks the license or a county adjacent to the county in	1474
which the person seeks the license for at least thirty days.	1475

(b) The applicant is at least twenty-one years of age.

1476

(c) The applicant is not a fugitive from justice.

1477

(d) The applicant is not under indictment for or otherwise	1478
charged with a felony; an offense under Chapter 2925., 3719., or	1479
4729. of the Revised Code that involves the illegal possession,	1480
use, sale, administration, or distribution of or trafficking in a	1481
drug of abuse; a misdemeanor offense of violence; or a violation	1482
of section 2903.14 or 2923.1211 of the Revised Code.	1483

(e) The applicant has not been convicted of or pleaded guilty	1484
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1485
the Revised Code that involves the illegal possession, use, sale,	1486
administration, or distribution of or trafficking in a drug of	1487
abuse; has not been adjudicated a delinquent child for committing	1488
an act that if committed by an adult would be a felony or would be	1489
an offense under Chapter 2925., 3719., or 4729. of the Revised	1490
Code that involves the illegal possession, use, sale,	1491
administration, or distribution of or trafficking in a drug of	1492
abuse; and has not been convicted of, pleaded guilty to, or	1493
adjudicated a delinquent child for committing a violation of	1494
section 2903.13 of the Revised Code when the victim of the	1495
violation is a peace officer, regardless of whether the applicant	1496
was sentenced under division (C)(3) of that section.	1497

(f) The applicant, within three years of the date of the	1498
application, has not been convicted of or pleaded guilty to a	1499
misdemeanor offense of violence other than a misdemeanor violation	1500
of section 2921.33 of the Revised Code or a violation of section	1501
2903.13 of the Revised Code when the victim of the violation is a	1502
peace officer, or a misdemeanor violation of section 2923.1211 of	1503
the Revised Code; and has not been adjudicated a delinquent child	1504
for committing an act that if committed by an adult would be a	1505
misdemeanor offense of violence other than a misdemeanor violation	1506
of section 2921.33 of the Revised Code or a violation of section	1507
2903.13 of the Revised Code when the victim of the violation is a	1508
peace officer or for committing an act that if committed by an	1509
adult would be a misdemeanor violation of section 2923.1211 of the	1510
Revised Code.	1511

(g) Except as otherwise provided in division (D)(1)(e) of	1512
this section, the applicant, within five years of the date of the	1513
application, has not been convicted of, pleaded guilty to, or	1514
adjudicated a delinquent child for committing two or more	1515
violations of section 2903.13 or 2903.14 of the Revised Code.	1516

(h) The applicant, within ten years of the date of the	1517
application, has not been convicted of, pleaded guilty to, or	1518
adjudicated a delinquent child for committing a violation of	1519
section 2921.33 of the Revised Code.	1520

(i) The applicant has not been adjudicated as a mental	1521
defective, has not been committed to any mental institution, is	1522
not under adjudication of mental incompetence, has not been found	1523
by a court to be a mentally ill person subject to hospitalization	1524
by court order, and is not an involuntary patient other than one	1525
who is a patient only for purposes of observation. As used in this	1526
division, "mentally ill person subject to hospitalization by court	1527
order" and "patient" have the same meanings as in section 5122.01	1528
of the Revised Code.	1529

(j) The applicant is not currently subject to a civil	1530
protection order, a temporary protection order, or a protection	1531
order issued by a court of another state.	1532

(k) The applicant certifies that the applicant desires a	1533
legal means to carry a concealed handgun for defense of the	1534
applicant or a member of the applicant's family while engaged in	1535
lawful activity.	1536

(l) The applicant submits a competency certification of the	1537
type described in division (B)(3) of this section and submits a	1538
certification of the type described in division (B)(4) of this	1539
section regarding the applicant's reading of the pamphlet prepared	1540
by the Ohio peace officer training commission pursuant to section	1541
109.731 of the Revised Code.	1542

(2)(a) If a sheriff issues a license under this section, the	1543
sheriff shall place on the license a unique combination of letters	1544
and numbers identifying the license in accordance with the	1545
procedure prescribed by the Ohio peace officer training commission	1546
pursuant to section 109.731 of the Revised Code.	1547

(b) If a sheriff denies an application under this section	1548
because the applicant does not satisfy the criteria described in	1549
division (D)(1) of this section, the sheriff shall specify the	1550
grounds for the denial in a written notice to the applicant. The	1551
applicant may appeal the denial pursuant to section 119.12 of the	1552
Revised Code. If the denial was as a result of the criminal	1553
records check conducted pursuant to section 311.41 of the Revised	1554
Code and if, pursuant to section 2923.127 of the Revised Code, the	1555
applicant challenges the criminal records check results using the	1556
appropriate challenge and review procedure specified in that	1557
section, the time for filing the appeal pursuant to section 119.12	1558
of the Revised Code is tolled during the pendency of the request	1559
or the challenge and review. If the court in an appeal under	1560
section 119.12 of the Revised Code enters a judgment sustaining	1561
the sheriff's refusal to grant to the applicant a license to carry	1562
a concealed handgun, the applicant may file a new application	1563
beginning one year after the judgment is entered. If the court	1564
enters a judgment in favor of the applicant, that judgment shall	1565
not restrict the authority of a sheriff to suspend or revoke the	1566
license pursuant to section 2923.128 or 2923.1213 of the Revised	1567
Code or to refuse to renew the license for any proper cause that	1568
may occur after the date the judgment is entered. In the appeal,	1569
the court shall have full power to dispose of all costs.	1570

(3) If the sheriff with whom an application for a license to	1571
carry a concealed handgun was filed under this section becomes	1572
aware that the applicant has been arrested for or otherwise	1573
charged with an offense that would disqualify the applicant from	1574
holding the license, the sheriff shall suspend the processing of	1575
the application until the disposition of the case arising from the	1576
arrest or charge.	1577

(4) If the sheriff determines the applicant is a resident of	1578
the county in which the applicant seeks the license or of an	1579
adjacent county but does not yet meet the residency requirements	1580
described in division (D)(1)(a) of this section, the sheriff shall	1581
not deny the license because of the residency requirements but	1582
shall not issue the license until the applicant meets those	1583
residency requirements.	1584

(E) If a license to carry a concealed handgun issued under	1585
this section is lost or is destroyed, the licensee may obtain from	1586
the sheriff who issued that license a duplicate license upon the	1587
payment of a fee of fifteen dollars and the submission of an	1588
affidavit attesting to the loss or destruction of the license. The	1589
sheriff, in accordance with the procedures prescribed in section	1590
109.731 of the Revised Code, shall place on the replacement	1591
license a combination of identifying numbers different from the	1592
combination on the license that is being replaced.	1593

(F) A licensee who wishes to renew a license to carry a	1594
concealed handgun issued under this seciton shall do so within	1595
thirty days after the expiration date of the license by filing	1596
with the sheriff of the county in which the applicant resides or	1597
with the sheriff of an adjacent county an application for renewal	1598
of the license obtained pursuant to division (D) of this section,	1599
a new color photograph of the licensee that was taken within	1600
thirty days prior to the date of the renewal application, a	1601
certification by the applicant that, subsequent to the issuance of	1602
the license, the applicant has reread the pamphlet prepared by the	1603
Ohio peace officer training commission pursuant to section 109.731	1604
of the Revised Code that reviews firearms, dispute resolution, and	1605
use of deadly force matters, a new set of fingerprints provided in	1606
the manner specified in division (D)(4) of section 2923.125 of the	1607
Revised Code regarding initial applications for a license to carry	1608
a concealed handgun, and a nonrefundable license renewal fee	1609
unless the fee is waived. The licensee also shall submit a	1610
competency certification of the type described in division (B)(3)	1611
of this section that is not older than six years or a renewed	1612
competency certification of the type described in division (G)(4)	1613
of this section that is not older than six years.	1614

Upon receipt of a completed renewal application, color	1615
photograph, certification that the applicant has reread the	1616
specified pamphlet prepared by the Ohio peace officer training	1617
commission, new set of fingerprints, competency certification or	1618
renewed competency certification, and license renewal fee unless	1619
the fee is waived, a sheriff shall conduct or cause to be	1620
conducted the criminal records check and the incompetency records	1621
check described in section 311.41 of the Revised Code. The sheriff	1622
shall renew the license if the sheriff determines that the	1623
applicant continues to satisfy the requirements described in	1624
division (D)(1) of this section, except that the applicant is	1625
required to submit a renewed competency certification only in the	1626
circumstances described in division (G)(4) of this section. A	1627
renewed license shall expire four years after the date of issuance	1628
and is subject to division (E) of this section and sections	1629
2923.126 and 2923.128 of the Revised Code. A sheriff shall comply	1630
with divisions (D)(2) to (4) of this section when the	1631
circumstances described in those divisions apply to a requested	1632
license renewal.	1633

(G)(1) Each course, class, or program described in division	1634
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1635
person who takes the course, class, or program a copy of the	1636
pamphlet prepared by the Ohio peace officer training commission	1637
pursuant to section 109.731 of the Revised Code that reviews	1638
firearms, dispute resolution, and use of deadly force matters.	1639
Each such course, class, or program described in one of those	1640
divisions shall include at least twelve hours of training in the	1641
safe handling and use of a firearm that shall include all of the	1642
following:	1643

(a) At least ten hours of training on the following matters:

1644

(i) The ability to name, explain, and demonstrate the rules	1645
for safe handling of a handgun and proper storage practices for	1646
handguns and ammunition;	1647

(ii) The ability to demonstrate and explain how to handle	1648
ammunition in a safe manner;	1649

(iii) The ability to demonstrate the knowledge, skills, and	1650
attitude necessary to shoot a handgun in a safe manner;	1651

(iv) Gun handling training.

1652

(b) At least two hours of training that consists of range	1653
time and live-fire training.	1654

(2) To satisfactorily complete the course, class, or program	1655
described in division (B)(3)(a), (b), (c), or (e) of this section,	1656
the applicant shall pass a competency examination that shall	1657
include both of the following:	1658

(a) A written section on the ability to name and explain the	1659
rules for the safe handling of a handgun and proper storage	1660
practices for handguns and ammunition;	1661

(b) A physical demonstration of competence in the use of a	1662
handgun and in the rules for safe handling and storage of a	1663
handgun and a physical demonstration of the attitude necessary to	1664
shoot a handgun in a safe manner.	1665

(3) The competency certification described in division	1666
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1667
shall attest that the course, class, or program the applicant	1668
successfully completed met the requirements described in division	1669
(G)(1) of this section and that the applicant passed the	1670
competency examination described in division (G)(2) of this	1671
section.	1672

(4) A person who has received a competency certification as	1673
described in division (B)(3) of this section, or who previously	1674
has received a renewed competency certification as described in	1675
this division, may obtain a renewed competency certification	1676
pursuant to this division. If the person has received a competency	1677
certification within the preceding six years, or previously has	1678
received a renewed competency certification within the preceding	1679
six years, the person may obtain a renewed competency	1680
certification from an entity that offers a course, class, or	1681
program described in division (B)(3)(a), (b), (c), or (e) of this	1682
section by passing a competency examination of the type described	1683
in division (G)(2) of this section. In these circumstances, the	1684
person is not required to attend the course, class, or program in	1685
order to be eligible to take the competency examination for the	1686
renewed competency certification. If more than six years has	1687
elapsed since the person last received a competency certification	1688
or a renewed competency certification, in order for the person to	1689
obtain a renewed competency certification, the person shall both	1690
satisfactorily complete a course, class, or program described in	1691
division (B)(3)(a), (b), (c), or (e) of this section and pass a	1692
competency examination of the type described in division (G)(2) of	1693
this section. A renewed competency certification issued under this	1694
division shall be dated and shall attest that the applicant passed	1695
the competency examination of the type described in division	1696
(G)(2) of this section and, if applicable, that the person	1697
successfully completed a course, class, or program that met the	1698
requirements described in division (G)(1) of this section.	1699

(H) Upon deciding to issue a license, deciding to issue a	1700
replacement license, or deciding to renew a license to carry a	1701
concealed handgun pursuant to this section, and before actually	1702
issuing or renewing the license, the sheriff shall make available	1703
through the law enforcement automated data system all information	1704
contained on the license. If the license subsequently is suspended	1705
under division (A)(1) of section 2923.128 of the Revised Code,	1706
revoked pursuant to division (B)(1) of section 2923.128 of the	1707
Revised Code, or lost or destroyed, the sheriff also shall make	1708
available through the law enforcement automated data system a	1709
notation of that fact. The superintendent of the state highway	1710
patrol shall ensure that the law enforcement automated data system	1711
is so configured as to permit the transmission through the system	1712
of the information specified in this division.	1713

Sec. 2923.126.  (A) A license to carry a concealed handgun	1714
that is issued under section 2923.125 of the Revised Code shall	1715
expire four years after the date of issuance. A licensee who has	1716
been issued a license under that section shall be granted a grace	1717
period of thirty days after the licensee's license expires during	1718
which the licensee's license remains valid. Except as provided in	1719
divisions (B) and (C) of this section, a licensee who has been	1720
issued a license under section 2923.125 or 2923.1213 of the	1721
Revised Code may carry a concealed handgun anywhere in this state	1722
if the licensee also carries a valid license and valid	1723
identification when the licensee is in actual possession of a	1724
concealed handgun. The licensee shall give notice of any change in	1725
the licensee's residence address to the sheriff who issued the	1726
license within forty-five days after that change.	1727

If a licensee is the driver or an occupant of a motor vehicle	1728
that is stopped as the result of a traffic stop or a stop for	1729
another law enforcement purpose and if the licensee is	1730
transporting or has a loaded handgun in the motor vehicle at that	1731
time, the licensee shall promptly inform any law enforcement	1732
officer who approaches the vehicle while stopped that the licensee	1733
has been issued a license or temporary emergency license to carry	1734
a concealed handgun and that the licensee currently possesses or	1735
has a loaded handgun; the licensee shall comply with lawful orders	1736
of a law enforcement officer given while the motor vehicle is	1737
stopped, shall remain in the motor vehicle while stopped, and	1738
shall keep the licensee's hands in plain sight while any law	1739
enforcement officer begins approaching the licensee while stopped	1740
and before the officer leaves, unless directed otherwise by a law	1741
enforcement officer; and the licensee shall not knowingly remove,	1742
attempt to remove, grasp, or hold the loaded handgun or knowingly	1743
have contact with the loaded handgun by touching it with the	1744
licensee's hands or fingers, in any manner in violation of	1745
division (E) of section 2923.16 of the Revised Code, while any law	1746
enforcement officer begins approaching the licensee while stopped	1747
and before the officer leaves. If a law enforcement officer	1748
otherwise approaches a person who has been stopped for a law	1749
enforcement purpose, if the person is a licensee, and if the	1750
licensee is carrying a concealed handgun at the time the officer	1751
approaches, the licensee shall promptly inform the officer that	1752
the licensee has been issued a license or temporary emergency	1753
license to carry a concealed handgun and that the licensee	1754
currently is carrying a concealed handgun.	1755

(B) A valid license issued under section 2923.125 or	1756
2923.1213 of the Revised Code does not authorize the licensee to	1757
carry a concealed handgun in any manner prohibited under division	1758
(B) of section 2923.12 of the Revised Code or in any manner	1759
prohibited under section 2923.16 of the Revised Code. A valid	1760
license does not authorize the licensee to carry a concealed	1761
handgun into any of the following places:	1762

(1) A police station, sheriff's office, or state highway	1763
patrol station, premises controlled by the bureau of criminal	1764
identification and investigation, a state correctional	1765
institution, jail, workhouse, or other detention facility, an	1766
airport passenger terminal, or an institution that is maintained,	1767
operated, managed, and governed pursuant to division (A) of	1768
section 5119.02 of the Revised Code or division (A)(1) of section	1769
5123.03 of the Revised Code;	1770

(2) A school safety zone, in violation of section 2923.122 of	1771
the Revised Code;	1772

(3) A courthouse or another building or structure in which a	1773
courtroom is located, in violation of section 2923.123 of the	1774
Revised Code;	1775

(4) Any room or open air arena in which liquor is being	1776
dispensed in premises for which a D permit has been issued under	1777
Chapter 4303. of the Revised Code, in violation of section	1778
2923.121 of the Revised Code;	1779

(5) Any premises owned or leased by any public or private	1780
college, university, or other institution of higher education,	1781
unless the handgun is in a locked motor vehicle or the licensee is	1782
in the immediate process of placing the handgun in a locked motor	1783
vehicle;	1784

(6) Any church, synagogue, mosque, or other place of worship,	1785
unless the church, synagogue, mosque, or other place of worship	1786
posts or permits otherwise;	1787

(7) A child day-care center, a type A family day-care home, a	1788
type B family day-care home, or a type C family day-care home,	1789
except that this division does not prohibit a licensee who resides	1790
in a type A family day-care home, a type B family day-care home,	1791
or a type C family day-care home from carrying a concealed handgun	1792
at any time in any part of the home that is not dedicated or used	1793
for day-care purposes, or from carrying a concealed handgun in a	1794
part of the home that is dedicated or used for day-care purposes	1795
at any time during which no children, other than children of that	1796
licensee, are in the home;	1797

(8) An aircraft that is in, or intended for operation in,	1798
foreign air transportation, interstate air transportation,	1799
intrastate air transportation, or the transportation of mail by	1800
aircraft;	1801

(9) Any building that is owned by this state or any political	1802
subdivision of this state, and all portions of any building that	1803
is not owned by any governmental entity listed in this division	1804
but that is leased by such a governmental entity listed in this	1805
division;	1806

(10) A place in which federal law prohibits the carrying of	1807
handguns.	1808

(C)(1) Nothing in this section shall negate or restrict a	1809
rule, policy, or practice of a private employer that is not a	1810
private college, university, or other institution of higher	1811
education concerning or prohibiting the presence of firearms on	1812
the private employer's premises or property, including motor	1813
vehicles owned by the private employer. Nothing in this section	1814
shall require a private employer of that nature to adopt a rule,	1815
policy, or practice concerning or prohibiting the presence of	1816
firearms on the private employer's premises or property, including	1817
motor vehicles owned by the private employer.	1818

(2)(a) A private employer shall be immune from liability in a	1819
civil action for any injury, death, or loss to person or property	1820
that allegedly was caused by or related to a licensee bringing a	1821
handgun onto the premises or property of the private employer,	1822
including motor vehicles owned by the private employer, unless the	1823
private employer acted with malicious purpose. A private employer	1824
is immune from liability in a civil action for any injury, death,	1825
or loss to person or property that allegedly was caused by or	1826
related to the private employer's decision to permit a licensee to	1827
bring, or prohibit a licensee from bringing, a handgun onto the	1828
premises or property of the private employer. As used in this	1829
division, "private employer" includes a private college,	1830
university, or other institution of higher education.	1831

(b) A political subdivision shall be immune from liability in	1832
a civil action, to the extent and in the manner provided in	1833
Chapter 2744. of the Revised Code, for any injury, death, or loss	1834
to person or property that allegedly was caused by or related to a	1835
licensee bringing a handgun onto any premises or property owned,	1836
leased, or otherwise under the control of the political	1837
subdivision. As used in this division, "political subdivision" has	1838
the same meaning as in section 2744.01 of the Revised Code.	1839

(3) The owner or person in control of private land or	1840
premises, and a private person or entity leasing land or premises	1841
owned by the state, the United States, or a political subdivision	1842
of the state or the United States, may post a sign in a	1843
conspicuous location on that land or on those premises prohibiting	1844
persons from carrying firearms or concealed firearms on or onto	1845
that land or those premises. A person who knowingly violates a	1846
posted prohibition of that nature is guilty of criminal trespass	1847
in violation of division (A)(4) of section 2911.21 of the Revised	1848
Code and is guilty of a misdemeanor of the fourth degree.	1849

(D) A person who holds a license to carry a concealed handgun	1850
that was issued pursuant to the law of another state that is	1851
recognized by the attorney general pursuant to a reciprocity	1852
agreement entered into pursuant to section 109.69 of the Revised	1853
Code has the same right to carry a concealed handgun in this state	1854
as a person who was issued a license to carry a concealed handgun	1855
under section 2923.125 of the Revised Code and is subject to the	1856
same restrictions that apply to a person who carries a license	1857
issued under that section.	1858

A peace officer has the same right to carry a concealed	1859
handgun in this state as a person who was issued a license to	1860
carry a concealed handgun under section 2923.125 of the Revised	1861
Code. For purposes of reciprocity with other states, a peace	1862
officer shall be considered to be a licensee in this state.	1863

Sec. 2923.127. (A) If a sheriff denies an application for a	1864
license to carry a concealed handgun, denies the renewal of a	1865
license to carry a concealed handgun, or denies an application for	1866
a temporary emergency license to carry a concealed handgun as a	1867
result of the criminal records check conducted pursuant to section	1868
311.41 of the Revised Code and if the applicant believes the	1869
denial was based on incorrect information reported by the source	1870
the sheriff used in conducting the criminal records check, the	1871
applicant may challenge the criminal records check results using	1872
whichever of the following is applicable:	1873

(1) If the bureau of criminal identification and	1874
investigation performed the criminal records check, by using the	1875
bureau's existing challenge and review procedures;	1876

(2) If division (A)(1) of this section does not apply, by	1877
using the sheriff's existing challenge and review procedure or, if	1878
the sheriff does not have a challenge and review procedure, using	1879
the challenge and review procedure prescribed by the bureau of	1880
criminal identification and investigation pursuant to division (B)	1881
of this section.	1882

(B) The bureau of criminal identification and investigation	1883
shall prescribe a challenge and review procedure for applicants to	1884
use to challenge criminal records checks under division (A)(2) of	1885
this section in counties in which the sheriff with whom the	1886
application for a license to carry a concealed handgun or for the	1887
renewal of a license to carry a concealed handgun was filed or	1888
with whom the application for a temporary emergency license to	1889
carry a concealed handgun was submitted does not have an existing	1890
challenge and review procedure.	1891

Sec. 2923.128. (A)(1) If a licensee holding a valid license	1892
issued under section 2923.125 or 2923.1213 of the Revised Code is	1893
arrested for or otherwise charged with an offense described in	1894
division (D)(1)(d) of section 2923.125 of the Revised Code or with	1895
a violation of section 2923.15 of the Revised Code or becomes	1896
subject to a temporary protection order or to a protection order	1897
issued by a court of another state that is substantially	1898
equivalent to a temporary protection order, the sheriff who issued	1899
the license or temporary emergency license shall suspend it and	1900
shall comply with division (A)(3) of this section upon becoming	1901
aware of the arrest, charge, or protection order.	1902

(2) A suspension under division (A)(1) of this section shall	1903
be considered as beginning on the date that the licensee is	1904
arrested for or otherwise charged with an offense described in	1905
that division or on the date the appropriate court issued the	1906
protection order described in that division, irrespective of when	1907
the sheriff notifies the licensee under division (A)(3) of this	1908
section. The suspension shall end on the date on which the charges	1909
are dismissed or the licensee is found not guilty of the offense	1910
described in division (A)(1) of this section or, subject to	1911
division (B) of this section, on the date the appropriate court	1912
terminates the protection order described in that division. If the	1913
suspension so ends, the sheriff shall return the license or	1914
temporary emergency license to the licensee.	1915

(3) Upon becoming aware of an arrest, charge, or protection	1916
order described in division (A)(1) of this section with respect to	1917
a licensee who was issued a license under section 2923.125 or	1918
2923.1213 of the Revised Code, the sheriff who issued the	1919
licensee's license or temporary emergency license to carry a	1920
concealed handgun shall notify the licensee, by certified mail,	1921
return receipt requested, at the licensee's last known residence	1922
address that the license or temporary emergency license has been	1923
suspended and that the licensee is required to surrender the	1924
license or temporary emergency license at the sheriff's office	1925
within ten days of the date on which the notice was mailed.	1926

(B)(1) A sheriff who issues a license or temporary emergency	1927
license to carry a concealed handgun to a licensee under section	1928
2923.125 or 2923.1213 of the Revised Code shall revoke the license	1929
or temporary emergency license in accordance with division (B)(2)	1930
of this section upon becoming aware that the licensee satisfies	1931
any of the following:	1932

(a) The licensee is under twenty-one years of age.

1933

(b) At the time of the issuance of the license or temporary	1934
emergency license, the licensee did not satisfy the eligibility	1935
requirements of division (D)(1)(c), (d), (e), (f), (g), or (h) of	1936
section 2923.125 of the Revised Code.	1937

(c) On or after the date on which the license or temporary	1938
emergency license was issued, the licensee is convicted of or	1939
pleads guilty to a violation of section 2923.15 of the Revised	1940
Code or an offense described in division (D)(1)(e), (f), (g), or	1941
(h) of section 2923.125 of the Revised Code.	1942

(d) On or after the date on which the license or temporary	1943
emergency license was issued, the licensee becomes subject to a	1944
civil protection order or to a protection order issued by a court	1945
of another state that is substantially equivalent to a civil	1946
protection order.	1947

(e) The licensee knowingly carries a concealed handgun into a	1948
place that the licensee knows is an unauthorized place specified	1949
in division (B) of section 2923.126 of the Revised Code.	1950

(f) On or after the date on which the license or temporary	1951
emergency license was issued, the licensee is adjudicated as a	1952
mental defective or is committed to a mental institution.	1953

(g) At the time of the issuance of the license or temporary	1954
emergency license, the licensee did not meet the residency	1955
requirements described in division (D)(1) of section 2923.125 of	1956
the Revised Code and currently does not meet the residency	1957
requirements described in that division.	1958

(h) Regarding a license issued under section 2923.125 of the	1959
Revised Code, the competency certificate the licensee submitted	1960
was forged or otherwise was fraudulent.	1961

(2) Upon becoming aware of any circumstance listed in	1962
division (B)(1) of this section that applies to a particular	1963
licensee who was issued a license under section 2923.125 or	1964
2923.1213 of the Revised Code, the sheriff who issued the license	1965
or temporary emergency license to carry a concealed handgun to the	1966
licensee shall notify the licensee, by certified mail, return	1967
receipt requested, at the licensee's last known residence address	1968
that the license or temporary emergency license is subject to	1969
revocation and that the licensee may come to the sheriff's office	1970
and contest the sheriff's proposed revocation within fourteen days	1971
of the date on which the notice was mailed. After the fourteen-day	1972
period and after consideration of any information that the	1973
licensee provides during that period, if the sheriff determines on	1974
the basis of the information of which the sheriff is aware that	1975
the licensee is described in division (B)(1) of this section and	1976
no longer satisfies the requirements described in division (D)(1)	1977
of section 2923.125 of the Revised Code that are applicable to the	1978
licensee's type of license, the sheriff shall revoke the license	1979
or temporary emergency license, notify the licensee of that fact,	1980
and require the licensee to surrender the license or temporary	1981
emergency license.	1982

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1983
bureau of criminal identification and investigation, the employees	1984
of the bureau, the Ohio peace officer training commission, or the	1985
employees of the commission make a good faith effort in performing	1986
the duties imposed upon the sheriff, the superintendent, the	1987
bureau's employees, the commission, or the commission's employees	1988
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	1989
Revised Code, in addition to the personal immunity provided by	1990
section 9.86 of the Revised Code or division (A)(6) of section	1991
2744.03 of the Revised Code and the governmental immunity of	1992
sections 2744.02 and 2744.03 of the Revised Code and in addition	1993
to any other immunity possessed by the bureau, the commission, and	1994
their employees, the sheriff, the sheriff's office, the county in	1995
which the sheriff has jurisdiction, the bureau, the superintendent	1996
of the bureau, the bureau's employees, the commission, and the	1997
commission's employees are immune from liability in a civil action	1998
for injury, death, or loss to person or property that allegedly	1999
was caused by or related to any of the following:	2000

(a) The issuance, renewal, suspension, or revocation of a	2001
license to carry a concealed handgun or the issuance, suspension,	2002
or revocation of a temporary emergency license to carry a	2003
concealed handgun;	2004

(b) The failure to issue, renew, suspend, or revoke a license	2005
to carry a concealed handgun or the failure to issue, suspend, or	2006
revoke a temporary emergency license to carry a concealed handgun;	2007

(c) Any action or misconduct with a handgun committed by a	2008
licensee.	2009

(2) Any action of a sheriff relating to the issuance,	2010
renewal, suspension, or revocation of a license to carry a	2011
concealed handgun or the issuance, suspension, or revocation of a	2012
temporary emergency license to carry a concealed handgun shall be	2013
considered to be a governmental function for purposes of Chapter	2014
2744. of the Revised Code.	2015

(3) An entity that or instructor who provides a competency	2016
certification of a type described in division (B)(3) of section	2017
2923.125 of the Revised Code is immune from civil liability that	2018
might otherwise be incurred or imposed for any death or any injury	2019
or loss to person or property that is caused by or related to a	2020
person to whom the entity or instructor has issued the competency	2021
certificate if all of the following apply:	2022

(a) The alleged liability of the entity or instructor relates	2023
to the training provided in the course, class, or program covered	2024
by the competency certificate.	2025

(b) The entity or instructor makes a good faith effort in	2026
determining whether the person has satisfactorily completed the	2027
course, class, or program and makes a good faith effort in	2028
assessing the person in the competency examination conducted	2029
pursuant to division (G)(2) of section 2923.125 of the Revised	2030
Code.	2031

(c) The entity or instructor did not issue the competency	2032
certificate with malicious purpose, in bad faith, or in a wanton	2033
or reckless manner.	2034

(4) An entity that or instructor who provides a renewed	2035
competency certification of a type described in division (G)(4) of	2036
section 2923.125 of the Revised Code is immune from civil	2037
liability that might otherwise be incurred or imposed for any	2038
death or any injury or loss to person or property that is caused	2039
by or related to a person to whom the entity or instructor has	2040
issued the renewed competency certificate if all of the following	2041
apply:	2042

(a) The entity or instructor makes a good faith effort in	2043
assessing the person in the competency examination conducted	2044
pursuant to division (G)(2) of section 2923.125 of the Revised	2045
Code.	2046

(b) The entity or instructor did not issue the renewed	2047
competency certificate with malicious purpose, in bad faith, or in	2048
a wanton or reckless manner.	2049

(5) A law enforcement agency that employs a peace officer is	2050
immune from liability in a civil action to recover damages for	2051
injury, death, or loss to person or property allegedly caused by	2052
any act of that peace officer if the act occurred while the peace	2053
officer carried a concealed handgun and was off duty and if the	2054
act allegedly involved the peace officer's use of the concealed	2055
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	2056
Code apply to any civil action involving a peace officer's use of	2057
a concealed handgun in the performance of the peace officer's	2058
official duties while the peace officer is off duty.	2059

(B) (1) Notwithstanding section 149.43 of the Revised Code,	2060
except as provided in division (B)(2) of this section, the records	2061
that a sheriff keeps relative to the issuance, renewal,	2062
suspension, or revocation of a license to carry a concealed	2063
handgun or the issuance, suspension, or revocation of a temporary	2064
emergency license to carry a concealed handgun, including, but not	2065
limited to, completed applications for the issuance or renewal of	2066
a license, completed affidavits submitted regarding an application	2067
for a temporary emergency license, reports of criminal records	2068
checks and incompetency records checks under section 311.41 of the	2069
Revised Code, and applicants' social security numbers and	2070
fingerprints that are obtained under division (A) of section	2071
311.41 of the Revised Code, are confidential and are not public	2072
records. Except as provided in division (B)(2) of this section, no	2073
person shall release or otherwise disseminate records that are	2074
confidential under this division unless required to do so pursuant	2075
to a court order.	2076

(2) Upon a written request made to a sheriff and signed by a	2077
journalist on or after the effective date of this section, the	2078
sheriff shall disclose to the journalist the name, county of	2079
residence, and date of birth of each person to whom the sheriff	2080
has issued a license or replacement license to carry a concealed	2081
handgun, renewed a license to carry a concealed handgun, or issued	2082
a temporary emergency license or replacement temporary emergency	2083
license to carry a concealed handgun under section 2923.125 or	2084
2923.1213 of the Revised Code. The request shall include the	2085
journalist's name and title, shall include the name and address of	2086
the journalist's employer, and shall state that disclosure of the	2087
information sought would be in the public interest.	2088

As used in division (B)(2) of this section, "journalist"	2089
means a person engaged in, connected with, or employed by any news	2090
medium, including a newspaper, magazine, press association, news	2091
agency, or wire service, a radio or television station, or a	2092
similar medium, for the purpose of gathering, processing,	2093
transmitting, compiling, editing, or disseminating information for	2094
the general public.	2095

(C) Each sheriff shall report to the Ohio peace officer	2096
training commission the number of licenses to carry a concealed	2097
handgun that the sheriff issued, renewed, suspended, revoked, or	2098
denied during the previous quarter of the calendar year, the	2099
number of applications for those licenses for which processing was	2100
suspended in accordance with division (D)(3) of section 2923.125	2101
of the Revised Code during the previous quarter of the calendar	2102
year, and the number of temporary emergency licenses to carry a	2103
concealed handgun that the sheriff issued, suspended, revoked, or	2104
denied during the previous quarter of the calendar year. The	2105
sheriff shall not include in the report the name or any other	2106
identifying information of an applicant or licensee. The sheriff	2107
shall report that information in a manner that permits the	2108
commission to maintain the statistics described in division (D) of	2109
section 109.731 of the Revised Code and to timely prepare the	2110
statistical report described in that division. The information	2111
that is received by the commission under this division is a public	2112
record kept by the commission for the purposes of section 149.43	2113
of the Revised Code.	2114

(D) Law enforcement agencies may use the information a	2115
sheriff makes available through the use of the law enforcement	2116
automated data system pursuant to division (H) of section 2923.125	2117
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	2118
for law enforcement purposes only. The information is confidential	2119
and is not a public record. A person who releases or otherwise	2120
disseminates this information obtained through the law enforcement	2121
automated data system in a manner not described in this division	2122
is guilty of a violation of section 2913.04 of the Revised Code.	2123

(E) Whoever violates division (B) of this section is guilty	2124
of illegal release of confidential concealed handgun license	2125
records, a felony of the fifth degree. In addition to any	2126
penalties imposed under Chapter 2929. of the Revised Code for a	2127
violation of division (B) of this section or a violation of	2128
section 2913.04 of the Revised Code described in division (D) of	2129
this section, if the offender is a sheriff, an employee of a	2130
sheriff, or any other public officer or employee, and if the	2131
violation was willful and deliberate, the offender shall be	2132
subject to a civil fine of one thousand dollars. Any person who is	2133
harmed by a violation of division (B) or (C) of this section or a	2134
violation of section 2913.04 of the Revised Code described in	2135
division (D) of this section has a private cause of action against	2136
the offender for any injury, death, or loss to person or property	2137
that is a proximate result of the violation and may recover court	2138
costs and attorney's fees related to the action.	2139

Sec. 2923.1210.  The application for a license to carry a	2140
concealed handgun or for the renewal of a license of that nature	2141
that is to be used under section 2923.125 of the Revised Code	2142
shall conform substantially to the following form:	2143

SECTION II.

2148

Name:

2149

Social Security Number:......................

2152

Current Residence:

2153

Mailing Address (If Different From Above):

2156

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO

2161

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2175
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2176
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	2177
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	2178
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	2179
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	2180
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE relevant	2181
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2182
AT THE END OF THIS SECTION.	2183

Residence 1:

2184

Residence 2:

2188

Residence 3:

2192

Residence 4:

2196

SECTION V.

2200

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2201
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2202
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2203
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2204
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2205

(1) I have been furnished, and have read, the pamphlet that	2206
explains the Ohio firearms laws, that provides instruction in	2207
dispute resolution and explains the Ohio laws related to that	2208
matter, and that provides information regarding all aspects	2209
of the use of deadly force with a firearm, and I am	2210
knowledgeable of the provisions of those laws and of the	2211
information on those matters.	2212

(2) I desire a legal means to carry a concealed handgun for	2213
defense of myself or a member of my family while engaged in	2214
lawful activity.	2215

(3) I have never been convicted of or pleaded guilty to a crime of	2216
violence in the state of Ohio or elsewhere. I am of sound	2217
mind. I hereby certify that the statements contained herein	2218
are true and correct to the best of my knowledge and belief.	2219
I understand that if        I        knowingly make any false statements	2220
herein        I        am subject to penalties prescribed by law. I	2221
authorize the sheriff or the sheriff's designee to inspect	2222
only those records or documents relevant to information	2223
required for this application.	2224

(4) The information contained in this application and all attached	2225
documents are true and correct to the best of my knowledge.	2226

Sec. 2923.1211.  (A) No person shall alter a license or	2230
temporary emergency license to carry a concealed handgun that was	2231
issued pursuant to section 2923.125 or 2923.1213 of the Revised	2232
Code or create a fictitious document that purports to be a license	2233
of that nature.	2234

(B) No person, except in the performance of official duties,	2235
shall possess a license to carry a concealed handgun that was	2236
issued and that has been revoked or suspended pursuant to section	2237
2923.128 of the Revised Code or a temporary emergency license to	2238
carry a concealed handgun that was issued and that has been	2239
revoked pursuant to section 2923.1213 of the Revised Code.	2240

(C) Whoever violates division (A) of this section is guilty	2241
of falsification of a concealed handgun license, a felony of the	2242
fifth degree. Whoever violates division (B) of this section is	2243
guilty of possessing a revoked or suspended concealed handgun	2244
license, a misdemeanor of the third degree.	2245

Sec. 2923.1212.  (A) The following persons, boards, and	2246
entities, or designees, shall post in the following locations a	2247
sign that contains a statement in substantially the following	2248
form: "Unless otherwise authorized by law, pursuant to the Ohio	2249
Revised Code, no person shall knowingly possess, have under the	2250
person's control, convey, or attempt to convey a deadly weapon or	2251
dangerous ordnance onto these premises.":	2252

(1) The director of public safety or the person or board	2253
charged with the erection, maintenance, or repair of police	2254
stations, municipal jails, and the municipal courthouse and	2255
courtrooms in a conspicuous location at all police stations,	2256
municipal jails, and municipal courthouses and courtrooms;	2257

(2) The sheriff or sheriff's designee who has charge of the	2258
sheriff's office in a conspicuous location in that office;	2259

(3) The superintendent of the state highway patrol or the	2260
superintendent's designee in a conspicuous location at all state	2261
highway patrol stations;	2262

(4) Each sheriff, chief of police, or person in charge of	2263
every county, multicounty, municipal, municipal-county, or	2264
multicounty-municipal jail or workhouse, community-based	2265
correctional facility, halfway house, alternative residential	2266
facility, or other local or state correctional institution or	2267
detention facility within the state, or that person's designee, in	2268
a conspicuous location at that facility under that person's	2269
charge;	2270

(5) The board of trustees of a regional airport authority,	2271
chief administrative officer of an airport facility, or other	2272
person in charge of an airport facility in a conspicuous location	2273
at each airport facility under that person's control;	2274

(6) The officer or officer's designee who has charge of a	2275
courthouse or the building or structure in which a courtroom is	2276
located in a conspicuous location in that building or structure;	2277

(7) The superintendent of the bureau of criminal	2278
identification and investigation or the superintendent's designee	2279
in a conspicuous location in all premises controlled by that	2280
bureau;	2281

(8) The owner, administrator, or operator of a child day-care	2282
center, a type A family day-care home, a type B family day-care	2283
home, or a type C family day-care home;	2284

(9) The officer of this state or of the political subdivision	2285
of this state, or the officer's designee, who has charge of a	2286
building that is owned by this state or the political subdivision	2287
of this state, or who has charge of the portion of a building that	2288
is not owned by any governmental entity listed in this division	2289
but that is leased by a governmental entity listed in this	2290
division.	2291

(B) The following boards, bodies, and persons, or designees,	2292
shall post in the following locations a sign that contains a	2293
statement in substantially the following form: "Unless otherwise	2294
authorized by law, pursuant to Ohio Revised Code section 2923.122,	2295
no person shall knowingly possess, have under the person's	2296
control, convey, or attempt to convey a deadly weapon or dangerous	2297
ordnance into a school safety zone.":	2298

(1) A board of education of a city, local, exempted village,	2299
or joint vocational school district or that board's designee in a	2300
conspicuous location in each building and on each parcel of real	2301
property owned or controlled by the board;	2302

(2) A governing body of a school for which the state board of	2303
education prescribes minimum standards under section 3301.07 of	2304
the Revised Code or that body's designee in a conspicuous location	2305
in each building and on each parcel of real property owned or	2306
controlled by the school;	2307

(3) The principal or chief administrative officer of a	2308
nonpublic school in a conspicuous location on property owned or	2309
controlled by that nonpublic school.	2310

Sec. 2923.1213. (A) As used in this section:

2311

(1) "Evidence of imminent danger" means any of the following:

2312

(a) A statement sworn by the person seeking to carry a	2313
concealed handgun that is made under threat of perjury and that	2314
states that the person has reasonable cause to fear a criminal	2315
attack upon the person or a member of the person's family, such as	2316
would justify a prudent person in going armed;	2317

(b) A written document prepared by a governmental entity or	2318
public official describing the facts that give the person seeking	2319
to carry a concealed handgun reasonable cause to fear a criminal	2320
attack upon the person or a member of the person's family, such as	2321
would justify a prudent person in going armed. Written documents	2322
of this nature include, but are not limited to, any temporary	2323
protection order, civil protection order, protection order issued	2324
by another state, or other court order, any court report, and any	2325
report filed with or made by a law enforcement agency or	2326
prosecutor.	2327

(2) "Prosecutor" has the same meaning as in section 2935.01	2328
of the Revised Code.	2329

(B)(1) A person seeking a temporary emergency license to	2330
carry a concealed handgun shall submit to the sheriff of the	2331
county in which the person resides all of the following:	2332

(a) Evidence of imminent danger to the person or a member of	2333
the person's family;	2334

(b) A sworn affidavit that contains all of the information	2335
required to be on the license and attesting that the person is at	2336
least twenty-one years of age; is not a fugitive from justice; is	2337
not under indictment for or otherwise charged with an offense	2338
identified in division (D)(1)(d) of section 2923.125 of the	2339
Revised Code; has not been convicted of or pleaded guilty to an	2340
offense, and has not been adjudicated a delinquent child for	2341
committing an act, identified in division (D)(1)(e) of that	2342
section; within three years of the date of the submission, has not	2343
been convicted of or pleaded guilty to an offense, and has not	2344
been adjudicated a delinquent child for committing an act,	2345
identified in division (D)(1)(f) of that section; within five	2346
years of the date of the submission, has not been convicted of,	2347
pleaded guilty, or adjudicated a delinquent child for committing	2348
two or more violations identified in division (D)(1)(g) of that	2349
section; within ten years of the date of the submission, has not	2350
been convicted of, pleaded guilty, or adjudicated a delinquent	2351
child for committing a violation identified in division (D)(1)(h)	2352
of that section; has not been adjudicated as a mental defective,	2353
has not been committed to any mental institution, is not under	2354
adjudication of mental incompetence, has not been found by a court	2355
to be a mentally ill person subject to hospitalization by court	2356
order, and is not an involuntary patient other than one who is a	2357
patient only for purposes of observation, as described in division	2358
(D)(1)(i) of that section; and is not currently subject to a civil	2359
protection order, a temporary protection order, or a protection	2360
order issued by a court of another state, as described in division	2361
(D)(1)(j) of that section;	2362

(c) A temporary emergency license fee established by the Ohio	2363
peace officer training commission for an amount that does not	2364
exceed the actual cost of conducting the criminal background check	2365
or thirty dollars;	2366

(d) A set of fingerprints of the applicant provided as	2367
described in section 311.41 of the Revised Code through use of an	2368
electronic fingerprint reading device or, if the sheriff to whom	2369
the application is submitted does not possess and does not have	2370
ready access to the use of an electronic fingerprint reading	2371
device, on a standard impression sheet prescribed pursuant to	2372
division (C)(2) of section 109.572 of the Revised Code. If the	2373
fingerprints are provided on a standard impression sheet, the	2374
person also shall provide the person's social security number to	2375
the sheriff.	2376

(2) Upon receipt of the evidence of imminent danger, the	2377
sworn affidavit, the fee, and the set of fingerprints required	2378
under division (B)(1) of this section, the sheriff immediately	2379
shall conduct or cause to be conducted the criminal records check	2380
and the incompetency records check described in section 311.41 of	2381
the Revised Code. Immediately upon receipt of the results of the	2382
records checks, the sheriff shall review the information and shall	2383
determine whether the criteria set forth in divisions (D)(1)(a) to	2384
(j) of section 2923.125 of the Revised Code apply regarding the	2385
person. If the sheriff determines that all of criteria set forth	2386
in divisions (D)(1)(a) to (j) of section 2923.125 of the Revised	2387
Code apply regarding the person, the sheriff shall immediately	2388
make available through the law enforcement automated data system	2389
all information that will be contained on the temporary emergency	2390
license for the person if one is issued, and the superintendent of	2391
the state highway patrol shall ensure that the system is so	2392
configured as to permit the transmission through the system of	2393
that information. Upon making that information available through	2394
the law enforcement automated data system, the sheriff shall	2395
immediately issue to the person a temporary emergency license to	2396
carry a concealed handgun.	2397

If the sheriff denies the issuance of a temporary emergency	2398
license to the person, the sheriff shall specify the grounds for	2399
the denial in a written notice to the person. The person may	2400
appeal the denial, or challenge criminal records check results	2401
that were the basis of the denial if applicable, in the same	2402
manners specified in division (D)(2) of section 2923.125 and in	2403
section 2923.127 of the Revised Code, regarding the denial of an	2404
application for a license to carry a concealed handgun under that	2405
section.	2406

The temporary emergency license under this division shall be	2407
in the form, and shall include all of the information, described	2408
in divisions (A)(2) and (5) of section 109.731 of the Revised	2409
Code, and also shall include a unique combination of identifying	2410
letters and numbers in accordance with division (A)(4) of that	2411
section.	2412

The temporary emergency license issued under this division is	2413
valid for ninety days and may not be renewed. A person who has	2414
been issued a temporary emergency license under this division	2415
shall not be issued another temporary emergency license unless at	2416
least four years has expired since the issuance of the prior	2417
temporary emergency license.	2418

(C) A person who holds a temporary emergency license to carry	2419
a concealed handgun has the same right to carry a concealed	2420
handgun as a person who was issued a license to carry a concealed	2421
handgun under section 2923.125 of the Revised Code, and any	2422
exceptions to the prohibitions contained in section 1547.69 and	2423
sections 2923.12 to 2923.16 of the Revised Code for a licensee	2424
under section 2923.125 of the Revised Code apply to a licensee	2425
under this section. The person is subject to the same	2426
restrictions, and to all other procedures, duties, and sanctions,	2427
that apply to a person who carries a license issued under section	2428
2923.125 of the Revised Code, other than the license renewal	2429
procedures set forth in that section.	2430

(D) A sheriff who issues a temporary emergency license to	2431
carry a concealed handgun under this section shall not require a	2432
person seeking to carry a concealed handgun in accordance with	2433
this section to submit a competency certificate as a prerequisite	2434
for issuing the license and shall comply with division (H) of	2435
section 2923.125 of the Revised Code in regards to the license.	2436
The sheriff shall suspend or revoke the license in accordance with	2437
section 2923.128 of the Revised Code. In addition to the	2438
suspension or revocation procedures set forth in section 2923.128	2439
of the Revised Code, the sheriff may revoke the license upon	2440
receiving information, verifiable by public documents, that the	2441
person is not eligible to possess a firearm under either the laws	2442
of this state or of the United States or that the person committed	2443
perjury in obtaining the license; if the sheriff revokes a license	2444
under this additional authority, the sheriff shall notify the	2445
person, by certified mail, return receipt requested, at the	2446
person's last known residence address that the license has been	2447
revoked and that the person is required to surrender the license	2448
at the sheriff's office within ten days of the date on which the	2449
notice was mailed. Division (H) of section 2923.125 of the Revised	2450
Code applies regarding any suspension or revocation of a temporary	2451
emergency license to carry a concealed handgun.	2452

(E) A sheriff who issues a temporary emergency license to	2453
carry a concealed handgun under this section shall retain, for the	2454
entire period during which the temporary emergency license is in	2455
effect, the evidence of imminent danger that the person submitted	2456
to the sheriff and that was the basis for the license, or a copy	2457
of that evidence, as appropriate.	2458

(F) If a temporary emergency license to carry a concealed	2459
handgun issued under this section is lost or is destroyed, the	2460
licensee may obtain from the sheriff who issued that license a	2461
duplicate license upon the payment of a fee of fifteen dollars and	2462
the submission of an affidavit attesting to the loss or	2463
destruction of the license. The sheriff, in accordance with the	2464
procedures prescribed in section 109.731 of the Revised Code,	2465
shall place on the replacement license a combination of	2466
identifying numbers different from the combination on the license	2467
that is being replaced.	2468

(G) The Ohio peace officer training commission shall	2469
prescribe, and shall make available to sheriffs, a standard form	2470
to be used under division (B) of this section by a person who	2471
applies for a temporary emergency license to carry a concealed	2472
handgun on the basis of imminent danger of a type described in	2473
division (A)(1)(a) of this section.	2474

(H) A sheriff who receives any fees paid by a person under	2475
this section shall deposit all fees so paid into the sheriff's	2476
concealed handgun license issuance expense fund established under	2477
section 311.42 of the Revised Code.	2478

Sec. 2923.13.  (A) Unless relieved from disability as	2479
provided in section 2923.14 of the Revised Code, no person shall	2480
knowingly acquire, have, carry, or use any firearm or dangerous	2481
ordnance, if any of the following apply:	2482

(1) The person is a fugitive from justice.

2483

(2) The person is under indictment for or has been convicted	2484
of any felony offense of violence or has been adjudicated a	2485
delinquent child for the commission of an offense that, if	2486
committed by an adult, would have been a felony offense of	2487
violence.	2488

(3) The person is under indictment for or has been convicted	2489
of any offense involving the illegal possession, use, sale,	2490
administration, distribution, or trafficking in any drug of abuse	2491
or has been adjudicated a delinquent child for the commission of	2492
an offense that, if committed by an adult, would have been an	2493
offense involving the illegal possession, use, sale,	2494
administration, distribution, or trafficking in any drug of abuse.	2495

(4) The person is drug dependent, in danger of drug	2496
dependence, or a chronic alcoholic.	2497

(5) The person is under adjudication of mental incompetence,	2498
has been adjudicated as a mental defective, has been committed to	2499
a mental institution, has been found by a court to be a mentally	2500
ill person subject to hospitalization by court order, or is an	2501
involuntary patient other than one who is a patient only for	2502
purposes of observation. As used in this division, "mentally ill	2503
person subject to hospitalization by court order" and "patient"	2504
have the same meanings as in section 5122.01 of the Revised Code.	2505

(B) No person who has been convicted of a felony of the first	2506
or second degree shall violate division (A) of this section within	2507
five years of the date of the person's release from imprisonment	2508
or from post-release control that is imposed for the commission of	2509
a felony of the first or second degree.	2510

(C) Whoever violates this section is guilty of having weapons	2511
while under disability. A violation of division (A) of this	2512
section is a felony of the fifth degree. A violation of division	2513
(B) of this section is, a felony of the third degree.	2514

Sec. 2923.16.  (A) No person shall knowingly discharge a	2515
firearm while in or on a motor vehicle.	2516

(B) No person shall knowingly transport or have a loaded	2517
firearm in a motor vehicle in such a manner that the firearm is	2518
accessible to the operator or any passenger without leaving the	2519
vehicle.	2520

(C) No person shall knowingly transport or have a firearm in	2521
a motor vehicle, unless it is unloaded and is carried in one of	2522
the following ways:	2523

(1) In a closed package, box, or case;

2524

(2) In a compartment that can be reached only by leaving the	2525
vehicle;	2526

(3) In plain sight and secured in a rack or holder made for	2527
the purpose;	2528

(4) In plain sight with the action open or the weapon	2529
stripped, or, if the firearm is of a type on which the action will	2530
not stay open or which cannot easily be stripped, in plain sight.	2531

(D) No person shall knowingly transport or have a loaded	2532
handgun in a motor vehicle if, at the time of that transportation	2533
or possession, any of the following applies:	2534

(1) The person is under the influence of alcohol, a drug of	2535
abuse, or a combination of them.	2536

(2) The person's whole blood, blood serum or plasma, breath,	2537
or urine contains a concentration of alcohol prohibited for	2538
persons operating a vehicle, as specified in division (A) of	2539
section 4511.19 of the Revised Code, regardless of whether the	2540
person at the time of the transportation or possession as	2541
described in this division is the operator of or a passenger in	2542
the motor vehicle.	2543

(E) No person who has been issued a license or temporary	2544
emergency license to carry a concealed handgun under section	2545
2923.125 or 2923.1213 of the Revised Code shall do any of the	2546
following:	2547

(1) Knowingly transport or have a loaded handgun in a motor	2548
vehicle unless the loaded handgun either is in a holster and in	2549
plain sight on the person's person or it is securely encased by	2550
being stored in a closed, locked glove compartment or in a case	2551
that is in plain sight and that is locked;	2552

(2) If the person is transporting or has a loaded handgun in	2553
a motor vehicle in a manner authorized under division (E)(1) of	2554
this section, knowingly remove or attempt to remove the loaded	2555
handgun from the holster, glove compartment, or case, knowingly	2556
grasp or hold the loaded handgun, or knowingly have contact with	2557
the loaded handgun by touching it with the person's hands or	2558
fingers while the motor vehicle is being operated on a street,	2559
highway, or public property unless the person removes, attempts to	2560
remove, grasps, holds, or has the contact with the loaded handgun	2561
pursuant to and in accordance with directions given by a law	2562
enforcement officer;	2563

(3) If the person is the driver or an occupant of a motor	2564
vehicle that is stopped as a result of a traffic stop or a stop	2565
for another law enforcement purpose and if the person is	2566
transporting or has a loaded handgun in the motor vehicle in any	2567
manner, fail to promptly inform any law enforcement officer who	2568
approaches the vehicle while stopped that the person has been	2569
issued a license or temporary emergency license to carry a	2570
concealed handgun and that the person then possesses or has a	2571
loaded handgun in the motor vehicle.	2572

(4) If the person is the driver or an occupant of a motor	2573
vehicle that is stopped as a result of a traffic stop or a stop	2574
for another law enforcement purpose and if the person is	2575
transporting or has a loaded handgun in the motor vehicle in any	2576
manner, knowingly disregard or fail to comply with any lawful	2577
order of any law enforcement officer given while the motor vehicle	2578
is stopped, knowingly fail to remain in the motor vehicle while	2579
stopped, or knowingly fail to keep the person's hands in plain	2580
sight at any time after any law enforcement officer begins	2581
approaching the person while stopped and before the law	2582
enforcement officer leaves, unless, regarding a failure to remain	2583
in the motor vehicle or to keep the person's hands in plain sight,	2584
the failure is pursuant to and in accordance with directions given	2585
by a law enforcement officer;	2586

(5) If the person is the driver or an occupant of a motor	2587
vehicle that is stopped as a result of a traffic stop or a stop	2588
for another law enforcement purpose, if the person is transporting	2589
or has a loaded handgun in the motor vehicle in a manner	2590
authorized under division (E)(1) of this section, and if the	2591
person is approached by any law enforcement officer while stopped,	2592
knowingly remove or attempt to remove the loaded handgun from the	2593
holster, glove compartment, or case, knowingly grasp or hold the	2594
loaded handgun, or knowingly have contact with the loaded handgun	2595
by touching it with the person's hands or fingers in the motor	2596
vehicle at any time after the law enforcement officer begins	2597
approaching and before the law enforcement officer leaves, unless	2598
the person removes, attempts to remove, grasps, holds, or has	2599
contact with the loaded handgun pursuant to and in accordance with	2600
directions given by the law enforcement officer.	2601

(F)(1) This section does not apply to officers, agents, or	2602
employees of this or any other state or the United States, or to	2603
law enforcement officers, when authorized to carry or have loaded	2604
or accessible firearms in motor vehicles and acting within the	2605
scope of their duties.	2606

(2) Division (A) of this section does not apply to a person	2607
if all of the following circumstances apply:	2608

(a) The person discharges a firearm from a motor vehicle at a	2609
coyote or groundhog, the discharge is not during the deer gun	2610
hunting season as set by the chief of the division of wildlife of	2611
the department of natural resources, and the discharge at the	2612
coyote or groundhog, but for the operation of this section, is	2613
lawful.	2614

(b) The motor vehicle from which the person discharges the	2615
firearm is on real property that is located in an unincorporated	2616
area of a township and that either is zoned for agriculture or is	2617
used for agriculture.	2618

(c) The person owns the real property described in division	2619
(D)(F)(2)(b) of this section, is the spouse or a child of another	2620
person who owns that real property, is a tenant of another person	2621
who owns that real property, or is the spouse or a child of a	2622
tenant of another person who owns that real property.	2623

(d) The person does not discharge the firearm in any of the	2624
following manners:	2625

(i) While under the influence of alcohol, a drug of abuse, or	2626
alcohol and a drug of abuse;	2627

(ii) In the direction of a street, highway, or other public	2628
or private property used by the public for vehicular traffic or	2629
parking;	2630

(iii) At or into an occupied structure that is a permanent or	2631
temporary habitation;	2632

(iv) In the commission of any violation of law, including,	2633
but not limited to, a felony that includes, as an essential	2634
element, purposely or knowingly causing or attempting to cause the	2635
death of or physical harm to another and that was committed by	2636
discharging a firearm from a motor vehicle.	2637

(3) Divisions (B) and (C) of this section do not apply to a	2638
person if all of the following circumstances apply:	2639

(a) At the time of the alleged violation of either of those	2640
divisions, the person is the operator of or a passenger in a motor	2641
vehicle.	2642

(b) The motor vehicle is on real property that is located in	2643
an unincorporated area of a township and that either is zoned for	2644
agriculture or is used for agriculture.	2645

(c) The person owns the real property described in division	2646
(D)(3)(b) of this section, is the spouse or a child of another	2647
person who owns that real property, is a tenant of another person	2648
who owns that real property, or is the spouse or a child of a	2649
tenant of another person who owns that real property.	2650

(d) The person, prior to arriving at the real property	2651
described in division (D)(3)(b) of this section, did not transport	2652
or possess a firearm in the motor vehicle in a manner prohibited	2653
by division (B) or (C) of this section while the motor vehicle was	2654
being operated on a street, highway, or other public or private	2655
property used by the public for vehicular traffic or parking.	2656

(4) Divisions (B) and (C) of this section do not apply to a	2657
person who transports or possesses a handgun in a motor vehicle	2658
if, at the time of that transportation or possession, all of the	2659
following apply:	2660

(a) The person transporting or possessing the handgun is	2661
carrying a valid license or temporary emergency license to carry a	2662
concealed handgun issued to the person under section 2923.125 or	2663
2923.1213 of the Revised Code or a license to carry a concealed	2664
handgun that was issued by another state with which the attorney	2665
general has entered into a reciprocity agreement under section	2666
109.69 of the Revised Code.	2667

(b) The person transporting or possessing the handgun is not	2668
knowingly in a place described in division (B) of section 2923.126	2669
of the Revised Code.	2670

(c) Either the handgun is in a holster and in plain sight on	2671
the person's person or the handgun is securely encased by being	2672
stored in a closed, locked glove compartment or in a case that is	2673
in plain sight and that is locked.	2674

(E) (G)(1) The affirmative defenses contained authorized in	2675
divisions (C)(D)(1)and (2) of section 2923.12 of the Revised Code	2676
are affirmative defenses to a charge under division (B) or (C) of	2677
this section that involves a firearm other than a handgun.	2678

(2) It is an affirmative defense to a charge under division	2679
(B) or (C) of this section of improperly handling firearms in a	2680
motor vehicle that the actor transported or had the firearm in the	2681
motor vehicle for any lawful purpose and while the motor vehicle	2682
was on the actor's own property, provided that this affirmative	2683
defense is not available unless the person, prior to arriving at	2684
the actor's own property, did not transport or possess the firearm	2685
in a motor vehicle in a manner prohibited by division (B) or (C)	2686
of this section while the motor vehicle was being operated on a	2687
street, highway, or other public or private property used by the	2688
public for vehicular traffic.	2689

(H) No person who is charged with a violation of division	2690
(B), (C), or (D) of this section shall be required to obtain a	2691
license or temporary emergency license to carry a concealed	2692
handgun under section 2923.125 or 2923.1213 of the Revised Code as	2693
a condition for the dismissal of the charge.	2694

(F)(I) Whoever violates this section is guilty of improperly	2695
handling firearms in a motor vehicle. Violation of division (A) or	2696
(B) of this section is a misdemeanorfelony of the firstfourth	2697
degree. Violation of division (C) of this section is a misdemeanor	2698
of the fourth degree. A violation of division (D) of this section	2699
is a felony of the fifth degree. A violation of division (E)(3) of	2700
this section is a misdemeanor of the fourth degree. A violation of	2701
division (E)(1), (2), or (5) of this section is a felony of the	2702
fifth degree. A violation of division (E)(4) of this section is a	2703
misdemeanor of the first degree or, if the offender previously has	2704
been convicted of or pleaded guilty to a violation of division	2705
(E)(4) of this section, a felony of the fifth degree. A violation	2706
of division (B) of this section is whichever of the following is	2707
applicable:	2708

(1) If, at the time of the transportation or possession in	2709
violation of division (B) of this section, the offender was	2710
carrying a valid license or temporary emergency license to carry a	2711
concealed handgun issued to the offender under section 2923.125 or	2712
2923.1213 of the Revised Code or a license to carry a concealed	2713
handgun that was issued by another state with which the attorney	2714
general has entered into a reciprocity agreement under section	2715
109.69 of the Revised Code and the offender was not knowingly in a	2716
place described in division (B) of section 2923.126 of the Revised	2717
Code, the violation is a misdemeanor of the first degree or, if	2718
the offender previously has been convicted of or pleaded guilty to	2719
a violation of division (B) of this section, a felony of the	2720
fourth degree.	2721

(2) If division (I)(1) of this section does not apply, a	2722
felony of the fourth degree.	2723

(J) If a law enforcement officer stops a motor vehicle for a	2724
traffic stop or any other purpose, if any person in the motor	2725
vehicle surrenders a firearm to the officer, either voluntarily or	2726
pursuant to a request or demand of the officer, and if the officer	2727
does not charge the person with a violation of this section or	2728
arrest the person for any offense, the person is not otherwise	2729
prohibited by law from possessing the firearm, and the firearm is	2730
not contraband, the officer shall return the firearm to the person	2731
at the termination of the stop.	2732

(G)(K) As used in this section:

2733

(1) "Motor vehicle," "street," and "highway" have the same	2734
meanings as in section 4511.01 of the Revised Code.	2735

(2) "Occupied structure" has the same meaning as in section	2736
2909.01 of the Revised Code.	2737

(3) "Agriculture" has the same meaning as in section 519.01	2738
of the Revised Code.	2739

(4) "Tenant" has the same meaning as in section 1531.01 of	2740
the Revised Code.	2741

(5) "Unloaded" means, with respect to a firearm employing a	2742
percussion cap, flintlock, or other obsolete ignition system, when	2743
the weapon is uncapped or when the priming charge is removed from	2744
the pan.	2745

Sec. 2923.25. Each federally licensed firearms dealer who	2746
sells any firearm, at the time of the sale of the firearm, shall	2747
offer for sale to the purchaser of the firearm a trigger lock, gun	2748
lock, or gun locking device that is appropriate for that firearm.	2749
Each federally licensed firearms dealer shall post in a	2750
conspicuous location in the dealer's place of business the poster	2751
furnished to the dealer pursuant to section 181.521 of the Revised	2752
Code and shall make available to all purchasers of firearms from	2753
the dealer the brochure furnished to the dealer pursuant to that	2754
section.	2755

As used in this section, "federally licensed firearms dealer"	2756
has the same meaning as in section 181.251 of the Revised Code.	2757

Sec. 2929.14.  (A) Except as provided in division (C),	2758
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	2759
in relation to an offense for which a sentence of death or life	2760
imprisonment is to be imposed, if the court imposing a sentence	2761
upon an offender for a felony elects or is required to impose a	2762
prison term on the offender pursuant to this chapter and is not	2763
prohibited by division (G)(1) of section 2929.13 of the Revised	2764
Code from imposing a prison term on the offender, the court shall	2765
impose a definite prison term that shall be one of the following:	2766

(1) For a felony of the first degree, the prison term shall	2767
be three, four, five, six, seven, eight, nine, or ten years.	2768

(2) For a felony of the second degree, the prison term shall	2769
be two, three, four, five, six, seven, or eight years.	2770

(3) For a felony of the third degree, the prison term shall	2771
be one, two, three, four, or five years.	2772

(4) For a felony of the fourth degree, the prison term shall	2773
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2774
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2775

(5) For a felony of the fifth degree, the prison term shall	2776
be six, seven, eight, nine, ten, eleven, or twelve months.	2777

(B) Except as provided in division (C), (D)(1), (D)(2),	2778
(D)(3), or (G) of this section, in section 2907.02 of the Revised	2779
Code, or in Chapter 2925. of the Revised Code, if the court	2780
imposing a sentence upon an offender for a felony elects or is	2781
required to impose a prison term on the offender, the court shall	2782
impose the shortest prison term authorized for the offense	2783
pursuant to division (A) of this section, unless one or more of	2784
the following applies:	2785

(1) The offender was serving a prison term at the time of the	2786
offense, or the offender previously had served a prison term.	2787

(2) The court finds on the record that the shortest prison	2788
term will demean the seriousness of the offender's conduct or will	2789
not adequately protect the public from future crime by the	2790
offender or others.	2791

(C) Except as provided in division (G) of this section or in	2792
Chapter 2925. of the Revised Code, the court imposing a sentence	2793
upon an offender for a felony may impose the longest prison term	2794
authorized for the offense pursuant to division (A) of this	2795
section only upon offenders who committed the worst forms of the	2796
offense, upon offenders who pose the greatest likelihood of	2797
committing future crimes, upon certain major drug offenders under	2798
division (D)(3) of this section, and upon certain repeat violent	2799
offenders in accordance with division (D)(2) of this section.	2800

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2801
section, if an offender who is convicted of or pleads guilty to a	2802
felony also is convicted of or pleads guilty to a specification of	2803
the type described in section 2941.141, 2941.144, or 2941.145 of	2804
the Revised Code, the court shall impose on the offender one of	2805
the following prison terms:	2806

(i) A prison term of six years if the specification is of the	2807
type described in section 2941.144 of the Revised Code that	2808
charges the offender with having a firearm that is an automatic	2809
firearm or that was equipped with a firearm muffler or silencer on	2810
or about the offender's person or under the offender's control	2811
while committing the felony;	2812

(ii) A prison term of three years if the specification is of	2813
the type described in section 2941.145 of the Revised Code that	2814
charges the offender with having a firearm on or about the	2815
offender's person or under the offender's control while committing	2816
the offense and displaying the firearm, brandishing the firearm,	2817
indicating that the offender possessed the firearm, or using it to	2818
facilitate the offense;	2819

(iii) A prison term of one year if the specification is of	2820
the type described in section 2941.141 of the Revised Code that	2821
charges the offender with having a firearm on or about the	2822
offender's person or under the offender's control while committing	2823
the felony.	2824

(b) If a court imposes a prison term on an offender under	2825
division (D)(1)(a) of this section, the prison term shall not be	2826
reduced pursuant to section 2929.20, section 2967.193, or any	2827
other provision of Chapter 2967. or Chapter 5120. of the Revised	2828
Code. A court shall not impose more than one prison term on an	2829
offender under division (D)(1)(a) of this section for felonies	2830
committed as part of the same act or transaction.	2831

(c) Except as provided in division (D)(1)(e) of this section,	2832
if an offender who is convicted of or pleads guilty to a violation	2833
of section 2923.161 of the Revised Code or to a felony that	2834
includes, as an essential element, purposely or knowingly causing	2835
or attempting to cause the death of or physical harm to another,	2836
also is convicted of or pleads guilty to a specification of the	2837
type described in section 2941.146 of the Revised Code that	2838
charges the offender with committing the offense by discharging a	2839
firearm from a motor vehicle other than a manufactured home, the	2840
court, after imposing a prison term on the offender for the	2841
violation of section 2923.161 of the Revised Code or for the other	2842
felony offense under division (A), (D)(2), or (D)(3) of this	2843
section, shall impose an additional prison term of five years upon	2844
the offender that shall not be reduced pursuant to section	2845
2929.20, section 2967.193, or any other provision of Chapter 2967.	2846
or Chapter 5120. of the Revised Code. A court shall not impose	2847
more than one additional prison term on an offender under division	2848
(D)(1)(c) of this section for felonies committed as part of the	2849
same act or transaction. If a court imposes an additional prison	2850
term on an offender under division (D)(1)(c) of this section	2851
relative to an offense, the court also shall impose a prison term	2852
under division (D)(1)(a) of this section relative to the same	2853
offense, provided the criteria specified in that division for	2854
imposing an additional prison term are satisfied relative to the	2855
offender and the offense.	2856

(d) If an offender who is convicted of or pleads guilty to an	2857
offense of violence that is a felony also is convicted of or	2858
pleads guilty to a specification of the type described in section	2859
2941.1411 of the Revised Code that charges the offender with	2860
wearing or carrying body armor while committing the felony offense	2861
of violence, the court shall impose on the offender a prison term	2862
of two years. The prison term so imposed shall not be reduced	2863
pursuant to section 2929.20, section 2967.193, or any other	2864
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2865
court shall not impose more than one prison term on an offender	2866
under division (D)(1)(d) of this section for felonies committed as	2867
part of the same act or transaction. If a court imposes an	2868
additional prison term under division (D)(1)(a) or (c) of this	2869
section, the court is not precluded from imposing an additional	2870
prison term under division (D)(1)(d) of this section.	2871

(e) The court shall not impose any of the prison terms	2872
described in division (D)(1)(a) of this section or any of the	2873
additional prison terms described in division (D)(1)(c) of this	2874
section upon an offender for a violation of section 2923.12 or	2875
2923.123 of the Revised Code. The court shall not impose any of	2876
the prison terms described in division (D)(1)(a) of this section	2877
or any of the additional prison terms described in division	2878
(D)(1)(c) of this section upon an offender for a violation of	2879
section 2923.13 of the Revised Code unless all of the following	2880
apply:	2881

(i) The offender previously has been convicted of aggravated	2882
murder, murder, or any felony of the first or second degree.	2883

(ii) Less than five years have passed since the offender was	2884
released from prison or post-release control, whichever is later,	2885
for the prior offense.	2886

(f) If an offender is convicted of or pleads guilty to a	2887
felony that includes, as an essential element, causing or	2888
attempting to cause the death of or physical harm to another and	2889
also is convicted of or pleads guilty to a specification of the	2890
type described in section 2941.1412 of the Revised Code that	2891
charges the offender with committing the offense by discharging a	2892
firearm at a peace officer as defined in section 2935.01 of the	2893
Revised Code or a corrections officer as defined in section	2894
2941.1412 of the Revised Code, the court, after imposing a prison	2895
term on the offender for the felony offense under division (A),	2896
(D)(2), or (D)(3) of this section, shall impose an additional	2897
prison term of seven years upon the offender that shall not be	2898
reduced pursuant to section 2929.20, section 2967.193, or any	2899
other provision of Chapter 2967. or Chapter 5120. of the Revised	2900
Code. A court shall not impose more than one additional prison	2901
term on an offender under division (D)(1)(f) of this section for	2902
felonies committed as part of the same act or transaction. If a	2903
court imposes an additional prison term on an offender under	2904
division (D)(1)(f) of this section relative to an offense, the	2905
court shall not impose a prison term under division (D)(1)(a) or	2906
(c) of this section relative to the same offense.	2907

(2)(a) If an offender who is convicted of or pleads guilty to	2908
a felony also is convicted of or pleads guilty to a specification	2909
of the type described in section 2941.149 of the Revised Code that	2910
the offender is a repeat violent offender, the court shall impose	2911
a prison term from the range of terms authorized for the offense	2912
under division (A) of this section that may be the longest term in	2913
the range and that shall not be reduced pursuant to section	2914
2929.20, section 2967.193, or any other provision of Chapter 2967.	2915
or Chapter 5120. of the Revised Code. If the court finds that the	2916
repeat violent offender, in committing the offense, caused any	2917
physical harm that carried a substantial risk of death to a person	2918
or that involved substantial permanent incapacity or substantial	2919
permanent disfigurement of a person, the court shall impose the	2920
longest prison term from the range of terms authorized for the	2921
offense under division (A) of this section.	2922

(b) If the court imposing a prison term on a repeat violent	2923
offender imposes the longest prison term from the range of terms	2924
authorized for the offense under division (A) of this section, the	2925
court may impose on the offender an additional definite prison	2926
term of one, two, three, four, five, six, seven, eight, nine, or	2927
ten years if the court finds that both of the following apply with	2928
respect to the prison terms imposed on the offender pursuant to	2929
division (D)(2)(a) of this section and, if applicable, divisions	2930
(D)(1) and (3) of this section:	2931

(i) The terms so imposed are inadequate to punish the	2932
offender and protect the public from future crime, because the	2933
applicable factors under section 2929.12 of the Revised Code	2934
indicating a greater likelihood of recidivism outweigh the	2935
applicable factors under that section indicating a lesser	2936
likelihood of recidivism.	2937

(ii) The terms so imposed are demeaning to the seriousness of	2938
the offense, because one or more of the factors under section	2939
2929.12 of the Revised Code indicating that the offender's conduct	2940
is more serious than conduct normally constituting the offense are	2941
present, and they outweigh the applicable factors under that	2942
section indicating that the offender's conduct is less serious	2943
than conduct normally constituting the offense.	2944

(3)(a) Except when an offender commits a violation of section	2945
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2946
the violation is life imprisonment or commits a violation of	2947
section 2903.02 of the Revised Code, if the offender commits a	2948
violation of section 2925.03 or 2925.11 of the Revised Code and	2949
that section classifies the offender as a major drug offender and	2950
requires the imposition of a ten-year prison term on the offender,	2951
if the offender commits a felony violation of section 2925.02,	2952
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2953
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2954
division (C) of section 4729.51, or division (J) of section	2955
4729.54 of the Revised Code that includes the sale, offer to sell,	2956
or possession of a schedule I or II controlled substance, with the	2957
exception of marihuana, and the court imposing sentence upon the	2958
offender finds that the offender is guilty of a specification of	2959
the type described in section 2941.1410 of the Revised Code	2960
charging that the offender is a major drug offender, if the court	2961
imposing sentence upon an offender for a felony finds that the	2962
offender is guilty of corrupt activity with the most serious	2963
offense in the pattern of corrupt activity being a felony of the	2964
first degree, or if the offender is guilty of an attempted	2965
violation of section 2907.02 of the Revised Code and, had the	2966
offender completed the violation of section 2907.02 of the Revised	2967
Code that was attempted, the offender would have been subject to a	2968
sentence of life imprisonment or life imprisonment without parole	2969
for the violation of section 2907.02 of the Revised Code, the	2970
court shall impose upon the offender for the felony violation a	2971
ten-year prison term that cannot be reduced pursuant to section	2972
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2973

(b) The court imposing a prison term on an offender under	2974
division (D)(3)(a) of this section may impose an additional prison	2975
term of one, two, three, four, five, six, seven, eight, nine, or	2976
ten years, if the court, with respect to the term imposed under	2977
division (D)(3)(a) of this section and, if applicable, divisions	2978
(D)(1) and (2) of this section, makes both of the findings set	2979
forth in divisions (D)(2)(b)(i) and (ii) of this section.	2980

(4) If the offender is being sentenced for a third or fourth	2981
degree felony OMVI offense under division (G)(2) of section	2982
2929.13 of the Revised Code, the sentencing court shall impose	2983
upon the offender a mandatory prison term in accordance with that	2984
division. In addition to the mandatory prison term, the sentencing	2985
court may sentence the offender to an additional prison term of	2986
any duration specified in division (A)(3) of this section minus	2987
the sixty or one hundred twenty days imposed upon the offender as	2988
the mandatory prison term. The total of the additional prison term	2989
imposed under division (D)(4) of this section plus the sixty or	2990
one hundred twenty days imposed as the mandatory prison term shall	2991
equal one of the authorized prison terms specified in division	2992
(A)(3) of this section. If the court imposes an additional prison	2993
term under division (D)(4) of this section, the offender shall	2994
serve the additional prison term after the offender has served the	2995
mandatory prison term required for the offense. The court shall	2996
not sentence the offender to a community control sanction under	2997
section 2929.16 or 2929.17 of the Revised Code.	2998

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2999
mandatory prison term is imposed upon an offender pursuant to	3000
division (D)(1)(a) of this section for having a firearm on or	3001
about the offender's person or under the offender's control while	3002
committing a felony, if a mandatory prison term is imposed upon an	3003
offender pursuant to division (D)(1)(c) of this section for	3004
committing a felony specified in that division by discharging a	3005
firearm from a motor vehicle, or if both types of mandatory prison	3006
terms are imposed, the offender shall serve any mandatory prison	3007
term imposed under either division consecutively to any other	3008
mandatory prison term imposed under either division or under	3009
division (D)(1)(d) of this section, consecutively to and prior to	3010
any prison term imposed for the underlying felony pursuant to	3011
division (A), (D)(2), or (D)(3) of this section or any other	3012
section of the Revised Code, and consecutively to any other prison	3013
term or mandatory prison term previously or subsequently imposed	3014
upon the offender.	3015

(b) If a mandatory prison term is imposed upon an offender	3016
pursuant to division (D)(1)(d) of this section for wearing or	3017
carrying body armor while committing an offense of violence that	3018
is a felony, the offender shall serve the mandatory term so	3019
imposed consecutively to any other mandatory prison term imposed	3020
under that division or under division (D)(1)(a) or (c) of this	3021
section, consecutively to and prior to any prison term imposed for	3022
the underlying felony under division (A), (D)(2), or (D)(3) of	3023
this section or any other section of the Revised Code, and	3024
consecutively to any other prison term or mandatory prison term	3025
previously or subsequently imposed upon the offender.	3026

(c) If a mandatory prison term is imposed upon an offender	3027
pursuant to division (D)(1)(f) of this section, the offender shall	3028
serve the mandatory prison term so imposed consecutively to and	3029
prior to any prison term imposed for the underlying felony under	3030
division (A), (D)(2), or (D)(3) of this section or any other	3031
section of the Revised Code, and consecutively to any other prison	3032
term or mandatory prison term previously or subsequently imposed	3033
upon the offender.	3034

(2) If an offender who is an inmate in a jail, prison, or	3035
other residential detention facility violates section 2917.02,	3036
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3037
who is under detention at a detention facility commits a felony	3038
violation of section 2923.131 of the Revised Code, or if an	3039
offender who is an inmate in a jail, prison, or other residential	3040
detention facility or is under detention at a detention facility	3041
commits another felony while the offender is an escapee in	3042
violation of section 2921.34 of the Revised Code, any prison term	3043
imposed upon the offender for one of those violations shall be	3044
served by the offender consecutively to the prison term or term of	3045
imprisonment the offender was serving when the offender committed	3046
that offense and to any other prison term previously or	3047
subsequently imposed upon the offender.	3048

(3) If a prison term is imposed for a violation of division	3049
(B) of section 2911.01 of the Revised Code, a violation of	3050
division (A) of section 2913.02 of the Revised Code in which the	3051
stolen property is a firearm or dangerous ordnance, or if a prison	3052
term is imposed for a felony violation of division (B) of section	3053
2921.331 of the Revised Code, the offender shall serve that prison	3054
term consecutively to any other prison term or mandatory prison	3055
term previously or subsequently imposed upon the offender.	3056

(4) If multiple prison terms are imposed on an offender for	3057
convictions of multiple offenses, the court may require the	3058
offender to serve the prison terms consecutively if the court	3059
finds that the consecutive service is necessary to protect the	3060
public from future crime or to punish the offender and that	3061
consecutive sentences are not disproportionate to the seriousness	3062
of the offender's conduct and to the danger the offender poses to	3063
the public, and if the court also finds any of the following:	3064

(a) The offender committed one or more of the multiple	3065
offenses while the offender was awaiting trial or sentencing, was	3066
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3067
2929.18 of the Revised Code, or was under post-release control for	3068
a prior offense.	3069

(b) At least two of the multiple offenses were committed as	3070
part of one or more courses of conduct, and the harm caused by two	3071
or more of the multiple offenses so committed was so great or	3072
unusual that no single prison term for any of the offenses	3073
committed as part of any of the courses of conduct adequately	3074
reflects the seriousness of the offender's conduct.	3075

(c) The offender's history of criminal conduct demonstrates	3076
that consecutive sentences are necessary to protect the public	3077
from future crime by the offender.	3078

(5) When consecutive prison terms are imposed pursuant to	3079
division (E)(1), (2), (3), or (4) of this section, the term to be	3080
served is the aggregate of all of the terms so imposed.	3081

(F) If a court imposes a prison term of a type described in	3082
division (B) of section 2967.28 of the Revised Code, it shall	3083
include in the sentence a requirement that the offender be subject	3084
to a period of post-release control after the offender's release	3085
from imprisonment, in accordance with that division. If a court	3086
imposes a prison term of a type described in division (C) of that	3087
section, it shall include in the sentence a requirement that the	3088
offender be subject to a period of post-release control after the	3089
offender's release from imprisonment, in accordance with that	3090
division, if the parole board determines that a period of	3091
post-release control is necessary.	3092

(G) If a person is convicted of or pleads guilty to a	3093
sexually violent offense and also is convicted of or pleads guilty	3094
to a sexually violent predator specification that was included in	3095
the indictment, count in the indictment, or information charging	3096
that offense, the court shall impose sentence upon the offender in	3097
accordance with section 2971.03 of the Revised Code, and Chapter	3098
2971. of the Revised Code applies regarding the prison term or	3099
term of life imprisonment without parole imposed upon the offender	3100
and the service of that term of imprisonment.	3101

(H) If a person who has been convicted of or pleaded guilty	3102
to a felony is sentenced to a prison term or term of imprisonment	3103
under this section, sections 2929.02 to 2929.06 of the Revised	3104
Code, section 2971.03 of the Revised Code, or any other provision	3105
of law, section 5120.163 of the Revised Code applies regarding the	3106
person while the person is confined in a state correctional	3107
institution.	3108

(I) If an offender who is convicted of or pleads guilty to a	3109
felony that is an offense of violence also is convicted of or	3110
pleads guilty to a specification of the type described in section	3111
2941.142 of the Revised Code that charges the offender with having	3112
committed the felony while participating in a criminal gang, the	3113
court shall impose upon the offender an additional prison term of	3114
one, two, or three years.	3115

(J) If an offender who is convicted of or pleads guilty to	3116
aggravated murder, murder, or a felony of the first, second, or	3117
third degree that is an offense of violence also is convicted of	3118
or pleads guilty to a specification of the type described in	3119
section 2941.143 of the Revised Code that charges the offender	3120
with having committed the offense in a school safety zone or	3121
towards a person in a school safety zone, the court shall impose	3122
upon the offender an additional prison term of two years. The	3123
offender shall serve the additional two years consecutively to and	3124
prior to the prison term imposed for the underlying offense.	3125

(K) At the time of sentencing, the court may recommend the	3126
offender for placement in a program of shock incarceration under	3127
section 5120.031 of the Revised Code or for placement in an	3128
intensive program prison under section 5120.032 of the Revised	3129
Code, disapprove placement of the offender in a program of shock	3130
incarceration or an intensive program prison of that nature, or	3131
make no recommendation on placement of the offender. In no case	3132
shall the department of rehabilitation and correction place the	3133
offender in a program or prison of that nature unless the	3134
department determines as specified in section 5120.031 or 5120.032	3135
of the Revised Code, whichever is applicable, that the offender is	3136
eligible for the placement.	3137

If the court disapproves placement of the offender in a	3138
program or prison of that nature, the department of rehabilitation	3139
and correction shall not place the offender in any program of	3140
shock incarceration or intensive program prison.	3141

If the court recommends placement of the offender in a	3142
program of shock incarceration or in an intensive program prison,	3143
and if the offender is subsequently placed in the recommended	3144
program or prison, the department shall notify the court of the	3145
placement and shall include with the notice a brief description of	3146
the placement.	3147

If the court recommends placement of the offender in a	3148
program of shock incarceration or in an intensive program prison	3149
and the department does not subsequently place the offender in the	3150
recommended program or prison, the department shall send a notice	3151
to the court indicating why the offender was not placed in the	3152
recommended program or prison.	3153

If the court does not make a recommendation under this	3154
division with respect to an offender and if the department	3155
determines as specified in section 5120.031 or 5120.032 of the	3156
Revised Code, whichever is applicable, that the offender is	3157
eligible for placement in a program or prison of that nature, the	3158
department shall screen the offender and determine if there is an	3159
available program of shock incarceration or an intensive program	3160
prison for which the offender is suited. If there is an available	3161
program of shock incarceration or an intensive program prison for	3162
which the offender is suited, the department shall notify the	3163
court of the proposed placement of the offender as specified in	3164
section 5120.031 or 5120.032 of the Revised Code and shall include	3165
with the notice a brief description of the placement. The court	3166
shall have ten days from receipt of the notice to disapprove the	3167
placement.	3168

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	3169
of the Revised Code, a first offender may apply to the sentencing	3170
court if convicted in this state, or to a court of common pleas if	3171
convicted in another state or in a federal court, for the sealing	3172
of the conviction record. Application may be made at the	3173
expiration of three years after the offender's final discharge if	3174
convicted of a felony, or at the expiration of one year after the	3175
offender's final discharge if convicted of a misdemeanor.	3176

(2) Any person who has been arrested for any misdemeanor	3177
offense and who has effected a bail forfeiture may apply to the	3178
court in which the misdemeanor criminal case was pending when bail	3179
was forfeited for the sealing of the record of the case. Except as	3180
provided in section 2953.61 of the Revised Code, the application	3181
may be filed at any time after the expiration of one year from the	3182
date on which the bail forfeiture was entered upon the minutes of	3183
the court or the journal, whichever entry occurs first.	3184

(B) Upon the filing of an application under this section, the	3185
court shall set a date for a hearing and shall notify the	3186
prosecutor for the case of the hearing on the application. The	3187
prosecutor may object to the granting of the application by filing	3188
an objection with the court prior to the date set for the hearing.	3189
The prosecutor shall specify in the objection the reasons for	3190
believing a denial of the application is justified. The court	3191
shall direct its regular probation officer, a state probation	3192
officer, or the department of probation of the county in which the	3193
applicant resides to make inquiries and written reports as the	3194
court requires concerning the applicant.	3195

(C)(1) The court shall do each of the following:

3196

(a) Determine whether the applicant is a first offender or	3197
whether the forfeiture of bail was agreed to by the applicant and	3198
the prosecutor in the case. If the applicant applies as a first	3199
offender pursuant to division (A)(1) of this section and has two	3200
or three convictions that result from the same indictment,	3201
information, or complaint, from the same plea of guilty, or from	3202
the same official proceeding, and result from related criminal	3203
acts that were committed within a three-month period but do not	3204
result from the same act or from offenses committed at the same	3205
time, in making its determination under this division, the court	3206
initially shall determine whether it is not in the public interest	3207
for the two or three convictions to be counted as one conviction.	3208
If the court determines that it is not in the public interest for	3209
the two or three convictions to be counted as one conviction, the	3210
court shall determine that the applicant is not a first offender;	3211
if the court does not make that determination, the court shall	3212
determine that the offender is a first offender.	3213

(b) Determine whether criminal proceedings are pending	3214
against the applicant;	3215

(c) If the applicant is a first offender who applies pursuant	3216
to division (A)(1) of this section, determine whether the	3217
applicant has been rehabilitated to the satisfaction of the court;	3218

(d) If the prosecutor has filed an objection in accordance	3219
with division (B) of this section, consider the reasons against	3220
granting the application specified by the prosecutor in the	3221
objection;	3222

(e) Weigh the interests of the applicant in having the	3223
records pertaining to the applicant's conviction sealed against	3224
the legitimate needs, if any, of the government to maintain those	3225
records.	3226

(2) If the court determines, after complying with division	3227
(C)(1) of this section, that the applicant is a first offender or	3228
the subject of a bail forfeiture, that no criminal proceeding is	3229
pending against the applicant, and that the interests of the	3230
applicant in having the records pertaining to the applicant's	3231
conviction or bail forfeiture sealed are not outweighed by any	3232
legitimate governmental needs to maintain those records, and that	3233
the rehabilitation of an applicant who is a first offender	3234
applying pursuant to division (A)(1) of this section has been	3235
attained to the satisfaction of the court, the court, except as	3236
provided in division (G) of this section, shall order all official	3237
records pertaining to the case sealed and, except as provided in	3238
division (F) of this section, all index references to the case	3239
deleted and, in the case of bail forfeitures, shall dismiss the	3240
charges in the case. The proceedings in the case shall be	3241
considered not to have occurred and the conviction or bail	3242
forfeiture of the person who is the subject of the proceedings	3243
shall be sealed, except that upon conviction of a subsequent	3244
offense, the sealed record of prior conviction or bail forfeiture	3245
may be considered by the court in determining the sentence or	3246
other appropriate disposition, including the relief provided for	3247
in sections 2953.31 to 2953.33 of the Revised Code.	3248

(3) Upon the filing of an application under this section, the	3249
applicant, unless indigent, shall pay a fee of fifty dollars. The	3250
court shall pay thirty dollars of the fee into the state treasury.	3251
It shall pay twenty dollars of the fee into the county general	3252
revenue fund if the sealed conviction or bail forfeiture was	3253
pursuant to a state statute, or into the general revenue fund of	3254
the municipal corporation involved if the sealed conviction or	3255
bail forfeiture was pursuant to a municipal ordinance.	3256

(D) Inspection of the sealed records included in the order	3257
may be made only by the following persons or for the following	3258
purposes:	3259

(1) By a law enforcement officer or prosecutor, or the	3260
assistants of either, to determine whether the nature and	3261
character of the offense with which a person is to be charged	3262
would be affected by virtue of the person's previously having been	3263
convicted of a crime;	3264

(2) By the parole or probation officer of the person who is	3265
the subject of the records, for the exclusive use of the officer	3266
in supervising the person while on parole or probation and in	3267
making inquiries and written reports as requested by the court or	3268
adult parole authority;	3269

(3) Upon application by the person who is the subject of the	3270
records, by the persons named in the application;	3271

(4) By a law enforcement officer who was involved in the	3272
case, for use in the officer's defense of a civil action arising	3273
out of the officer's involvement in that case;	3274

(5) By a prosecuting attorney or the prosecuting attorney's	3275
assistants to determine a defendant's eligibility to enter a	3276
pre-trial diversion program established pursuant to section	3277
2935.36 of the Revised Code;	3278

(6) By any law enforcement agency or any authorized employee	3279
of a law enforcement agency or by the department of rehabilitation	3280
and correction as part of a background investigation of a person	3281
who applies for employment with the agency as a law enforcement	3282
officer or with the department as a corrections officer;	3283

(7) By any law enforcement agency or any authorized employee	3284
of a law enforcement agency, for the purposes set forth in, and in	3285
the manner provided in, section 2953.321 of the Revised Code;	3286

(8) By the bureau of criminal identification and	3287
investigation or any authorized employee of the bureau for the	3288
purpose of providing information to a board or person pursuant to	3289
division (F) or (G) of section 109.57 of the Revised Code;	3290

(9) By the bureau of criminal identification and	3291
investigation or any authorized employee of the bureau for the	3292
purpose of performing a criminal history records check on a person	3293
to whom a certificate as prescribed in section 109.77 of the	3294
Revised Code is to be awarded;	3295

(10) By the bureau of criminal identification and	3296
investigation, an authorized employee of the bureau, a sheriff, or	3297
an authorized employee of the sheriff in connection with a	3298
criminal records check described in section 311.41 of the Revised	3299
Code.	3300

When the nature and character of the offense with which a	3301
person is to be charged would be affected by the information, it	3302
may be used for the purpose of charging the person with an	3303
offense.	3304

(E) In any criminal proceeding, proof of any otherwise	3305
admissible prior conviction may be introduced and proved,	3306
notwithstanding the fact that for any such prior conviction an	3307
order of sealing previously was issued pursuant to sections	3308
2953.31 to 2953.36 of the Revised Code.	3309

The person or governmental agency, office, or department that	3310
maintains sealed records pertaining to convictions or bail	3311
forfeitures that have been sealed pursuant to this section may	3312
maintain a manual or computerized index to the sealed records. The	3313
index shall contain only the name of, and alphanumeric identifiers	3314
that relate to, the persons who are the subject of the sealed	3315
records, the word "sealed," and the name of the person, agency,	3316
office, or department that has custody of the sealed records, and	3317
shall not contain the name of the crime committed. The index shall	3318
be made available by the person who has custody of the sealed	3319
records only for the purposes set forth in divisions (C), (D), and	3320
(E) of this section.	3321

(G) Notwithstanding any provision of this section or section	3322
2953.33 of the Revised Code that requires otherwise, a board of	3323
education of a city, local, exempted village, or joint vocational	3324
school district that maintains records of an individual who has	3325
been permanently excluded under sections 3301.121 and 3313.662 of	3326
the Revised Code is permitted to maintain records regarding a	3327
conviction that was used as the basis for the individual's	3328
permanent exclusion, regardless of a court order to seal the	3329
record. An order issued under this section to seal the record of a	3330
conviction does not revoke the adjudication order of the	3331
superintendent of public instruction to permanently exclude the	3332
individual who is the subject of the sealing order. An order	3333
issued under this section to seal the record of a conviction of an	3334
individual may be presented to a district superintendent as	3335
evidence to support the contention that the superintendent should	3336
recommend that the permanent exclusion of the individual who is	3337
the subject of the sealing order be revoked. Except as otherwise	3338
authorized by this division and sections 3301.121 and 3313.662 of	3339
the Revised Code, any school employee in possession of or having	3340
access to the sealed conviction records of an individual that were	3341
the basis of a permanent exclusion of the individual is subject to	3342
section 2953.35 of the Revised Code.	3343

Sec. 4749.10.  (A) No class A, B, or C licensee and no	3344
registered employee of a class A, B, or C licensee shall carry a	3345
firearm, as defined in section 2923.11 of the Revised Code, in the	3346
course of engaging in the business of private investigation, the	3347
business of security services, or both businesses, unless all of	3348
the following apply:	3349

(1) The licensee or employee either has successfully	3350
completed a basic firearm training program at a training school	3351
approved by the Ohio peace officer training commission, which	3352
program includes twenty hours of training in handgun use and, if	3353
any firearm other than a handgun is to be used, five hours of	3354
training in the use of other firearms, and has received a	3355
certificate of satisfactory completion of that program from the	3356
executive director of the commission; the licensee or employee	3357
has, within three years prior to the effective date of this	3358
sectionNovember 27, 1985, satisfactorily completed firearms	3359
training that has been approved by the commission as being	3360
equivalent to such a program and has received written evidence of	3361
approval of that training from the executive director of the	3362
commission; or the licensee or employee is a former peace officer,	3363
as defined in section 109.71 of the Revised Code, who previously	3364
had successfully completed a firearms training course at a	3365
training school approved by the Ohio peace officer training	3366
commission and has received a certificate or other evidence of	3367
satisfactory completion of that course from the executive director	3368
of the commission.	3369

(2) The licensee or employee submits an application to the	3370
director of commerce, on a form prescribed by the director, in	3371
which the licensee or employee requests registration as a class A,	3372
B, or C licensee or employee who may carry a firearm. The	3373
application shall be accompanied by a copy of the certificate or	3374
the written evidence or other evidence described in division	3375
(A)(1) of this section, the identification card issued pursuant to	3376
section 4749.03 or 4749.06 of the Revised Code if one has	3377
previously been issued, a statement of the duties that will be	3378
performed while the licensee or employee is armed, and a fee of	3379
ten dollars. In the case of a registered employee, the statement	3380
shall be prepared by the employing class A, B, or C licensee.	3381

(3) The licensee or employee receives a notation on the	3382
licensee's or employee's identification card that the licensee or	3383
employee is a firearm-bearer and carries the identification card	3384
whenever the licensee or employee carries a firearm in the course	3385
of engaging in the business of private investigation, the business	3386
of security services, or both businesses.	3387

(4) At any time within the immediately preceding twelve-month	3388
period, the licensee or employee has requalified in firearms use	3389
on a firearms training range at a firearms requalification program	3390
certified by the Ohio peace officer training commission or on a	3391
firearms training range under the supervision of an instructor	3392
certified by the commission and has received a certificate of	3393
satisfactory requalification from the certified program or	3394
certified instructor, provided that this division does not apply	3395
to any licensee or employee prior to the expiration of eighteen	3396
months after the licensee's or employee's completion of the	3397
program described in division (A)(1) of this section. A	3398
certificate of satisfactory requalification is valid and remains	3399
in effect for twelve months from the date of the requalification.	3400

(5) If division (A)(4) of this section applies to the	3401
licensee or employee, the licensee or employee carries the	3402
certificate of satisfactory requalification that then is in effect	3403
or any other evidence of requalification issued or provided by the	3404
director.	3405

(B)(1) The director of commerce shall register an applicant	3406
under division (A) of this section who satisfies divisions (A)(1)	3407
and (2) of this section, and place a notation on the applicant's	3408
identification card indicating that the applicant is a	3409
firearm-bearer and the date on which the applicant completed the	3410
program described in division (A)(1) of this section.	3411

(2) A firearms requalification training program or instructor	3412
certified by the commission for the annual requalification of	3413
class A, B, or C licensees or employees who are authorized to	3414
carry a firearm under section 4749.10 of the Revised Code shall	3415
award a certificate of satisfactory requalification to each class	3416
A, B, or C licensee or registered employee of a class A, B, or C	3417
licensee who satisfactorily requalifies in firearms training. The	3418
certificate shall identify the licensee or employee and indicate	3419
the date of the requalification. A licensee or employee who	3420
receives such a certificate shall submit a copy of it to the	3421
director of commerce. A licensee shall submit the copy of the	3422
requalification certificate at the same time that the licensee	3423
makes application for renewal of the licensee's class A, B, or C	3424
license. The director shall keep a record of all copies of	3425
requalification certificates the director receives under this	3426
division and shall establish a procedure for the updating of	3427
identification cards to provide evidence of compliance with the	3428
annual requalification requirement. The procedure for the updating	3429
of identification cards may provide for the issuance of a new card	3430
containing the evidence, the entry of a new notation containing	3431
the evidence on the existing card, the issuance of a separate card	3432
or paper containing the evidence, or any other procedure	3433
determined by the director to be reasonable. Each person who is	3434
issued a requalification certificate under this division promptly	3435
shall pay to the Ohio peace officer training commission	3436
established by section 109.71 of the Revised Code a fee of five	3437
dollars, which fee shall be transmitted to the treasurer of state	3438
for deposit in the peace officer private security fund established	3439
by section 109.78 of the Revised Code.	3440

(C) Nothing in this section prohibits a private investigator	3441
or a security guard provider from carrying a concealed handgun if	3442
the private investigator or security guard provider complies with	3443
sections 2923.124 to 2923.1213 of the Revised Code.	3444

Sec. 5122.311. (A) Notwithstanding any provision of the	3445
Revised Code to the contrary, if, on or after the effective date	3446
of this section, an individual is found by a court to be a	3447
mentally ill person subject to hospitalization by court order or	3448
becomes an involuntary patient other than one who is a patient	3449
only for purposes of observation, the probate judge who made the	3450
adjudication or the chief clinical officer of the hospital,	3451
agency, or facility in which the person is an involuntary patient	3452
shall notify the bureau of criminal identification and	3453
investigation, on the form described in division (C) of this	3454
section, of the identity of the individual. The notification shall	3455
be transmitted by the judge or the chief clinical officer not	3456
later than seven days after the adjudication or commitment.	3457

(B) The bureau of criminal identification and investigation	3458
shall compile and maintain the notices it receives under division	3459
(A) of this section and shall use them for the purpose of	3460
conducting incompetency records checks pursuant to section 311.41	3461
of the Revised Code. The notices and the information they contain	3462
are confidential, except as provided in this division, and are not	3463
public records.	3464

(C) The attorney general, by rule adopted under Chapter 119.	3465
of the Revised Code, shall prescribe and make available to all	3466
probate judges and all chief clinical officers a form to be used	3467
by them for the purpose of making the notifications required by	3468
division (A) of this section.	3469

Section 2.  That existing sections 1547.69, 2911.21, 2913.02,	3470
2913.04, 2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123,	3471
2923.13, 2923.16, 2929.14, 2953.32, and 4749.10 of the Revised	3472
Code are hereby repealed.	3473

Section 3.  That the versions of sections 2923.122, 2929.14,	3474
and 2953.32 of the Revised Code that are scheduled to take effect	3475
January 1, 2004, be amended to read as follows:	3476

Sec. 2923.122.  (A) No person shall knowingly convey, or	3477
attempt to convey, a deadly weapon or dangerous ordnance into a	3478
school safety zone.	3479

(B) No person shall knowingly possess a deadly weapon or	3480
dangerous ordnance in a school safety zone.	3481

(C) No person shall knowingly possess an object in a school	3482
safety zone if both of the following apply:	3483

(1) The object is indistinguishable from a firearm, whether	3484
or not the object is capable of being fired.	3485

(2) The person indicates that the person possesses the object	3486
and that it is a firearm, or the person knowingly displays or	3487
brandishes the object and indicates that it is a firearm.	3488

(D)(1) This section does not apply to officers, agents, or	3489
employees of this or any other state or the United States, or to	3490
law enforcement officers, authorized to carry deadly weapons or	3491
dangerous ordnance and acting within the scope of their duties, to	3492
any security officer employed by a board of education or governing	3493
body of a school during the time that the security officer is on	3494
duty pursuant to that contract of employment, or to any other	3495
person who has written authorization from the board of education	3496
or governing body of a school to convey deadly weapons or	3497
dangerous ordnance into a school safety zone or to possess a	3498
deadly weapon or dangerous ordnance in a school safety zone and	3499
who conveys or possesses the deadly weapon or dangerous ordnance	3500
in accordance with that authorization.	3501

(2) Division (C) of this section does not apply to premises	3502
upon which home schooling is conducted. Division (C) of this	3503
section also does not apply to a school administrator, teacher, or	3504
employee who possesses an object that is indistinguishable from a	3505
firearm for legitimate school purposes during the course of	3506
employment, a student who uses an object that is indistinguishable	3507
from a firearm under the direction of a school administrator,	3508
teacher, or employee, or any other person who with the express	3509
prior approval of a school administrator possesses an object that	3510
is indistinguishable from a firearm for a legitimate purpose,	3511
including the use of the object in a ceremonial activity, a play,	3512
reenactment, or other dramatic presentation, or a ROTC activity or	3513
another similar use of the object.	3514

(3) This section does not apply to a person who conveys or	3515
attempts to convey a handgun into, or possesses a handgun in, a	3516
school safety zone if, at the time of that conveyance, attempted	3517
conveyance, or possession of the handgun, all of the following	3518
apply:	3519

(a) The person does not enter into a school building or onto	3520
school premises and is not at a school activity.	3521

(b) The person is carrying a valid license or temporary	3522
emergency license to carry a concealed handgun issued to the	3523
person under section 2923.125 or 2923.1213 of the Revised Code or	3524
a license to carry a concealed handgun that was issued by another	3525
state with which the attorney general has entered into a	3526
reciprocity agreement under section 109.69 of the Revised Code.	3527

(c) The person is in the school safety zone in accordance	3528
with 18 U.S.C. 922(q)(2)(B).	3529

(d) The person is not knowingly in a place described in	3530
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	3531
Revised Code.	3532

(E)(1) Whoever violates division (A) or (B) of this section	3533
is guilty of illegal conveyance or possession of a deadly weapon	3534
or dangerous ordnance in a school safety zone. Except as otherwise	3535
provided in this division, illegal conveyance or possession of a	3536
deadly weapon or dangerous ordnance in a school safety zone is a	3537
felony of the fifth degree. If the offender previously has been	3538
convicted of a violation of this section, illegal conveyance or	3539
possession of a deadly weapon or dangerous ordnance in a school	3540
safety zone is a felony of the fourth degree.	3541

(2) Whoever violates division (C) of this section is guilty	3542
of illegal possession of an object indistinguishable from a	3543
firearm in a school safety zone. Except as otherwise provided in	3544
this division, illegal possession of an object indistinguishable	3545
from a firearm in a school safety zone is a misdemeanor of the	3546
first degree. If the offender previously has been convicted of a	3547
violation of this section, illegal possession of an object	3548
indistinguishable from a firearm in a school safety zone is a	3549
felony of the fifth degree.	3550

(F)(1) In addition to any other penalty imposed upon a person	3551
who is convicted of or pleads guilty to a violation of this	3552
section and subject to division (F)(2) of this section, if the	3553
offender has not attained nineteen years of age, regardless of	3554
whether the offender is attending or is enrolled in a school	3555
operated by a board of education or for which the state board of	3556
education prescribes minimum standards under section 3301.07 of	3557
the Revised Code, the court shall impose upon the offender a class	3558
four suspension of the offender's probationary driver's license,	3559
restricted license, driver's license, commercial driver's license,	3560
temporary instruction permit, or probationary commercial driver's	3561
license that then is in effect from the range specified in	3562
division (A)(4) of section 4510.02 of the Revised Code and shall	3563
deny the offender the issuance of any permit or license of that	3564
type during the period of the suspension.	3565

If the offender is not a resident of this state, the court	3566
shall impose a class four suspension of the nonresident operating	3567
privilege of the offender from the range specified in division	3568
(A)(4) of section 4510.02 of the Revised Code.	3569

(2) If the offender shows good cause why the court should not	3570
suspend one of the types of licenses, permits, or privileges	3571
specified in division (F)(1) of this section or deny the issuance	3572
of one of the temporary instruction permits specified in that	3573
division, the court in its discretion may choose not to impose the	3574
suspension, revocation, or denial required in that division.	3575

(G) As used in this section, "object that is	3576
indistinguishable from a firearm" means an object made,	3577
constructed, or altered so that, to a reasonable person without	3578
specialized training in firearms, the object appears to be a	3579
firearm.	3580

Sec. 2929.14.  (A) Except as provided in division (C),	3581
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	3582
in relation to an offense for which a sentence of death or life	3583
imprisonment is to be imposed, if the court imposing a sentence	3584
upon an offender for a felony elects or is required to impose a	3585
prison term on the offender pursuant to this chapter and is not	3586
prohibited by division (G)(1) of section 2929.13 of the Revised	3587
Code from imposing a prison term on the offender, the court shall	3588
impose a definite prison term that shall be one of the following:	3589

(1) For a felony of the first degree, the prison term shall	3590
be three, four, five, six, seven, eight, nine, or ten years.	3591

(2) For a felony of the second degree, the prison term shall	3592
be two, three, four, five, six, seven, or eight years.	3593

(3) For a felony of the third degree, the prison term shall	3594
be one, two, three, four, or five years.	3595

(4) For a felony of the fourth degree, the prison term shall	3596
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	3597
fourteen, fifteen, sixteen, seventeen, or eighteen months.	3598

(5) For a felony of the fifth degree, the prison term shall	3599
be six, seven, eight, nine, ten, eleven, or twelve months.	3600

(B) Except as provided in division (C), (D)(1), (D)(2),	3601
(D)(3), or (G) of this section, in section 2907.02 of the Revised	3602
Code, or in Chapter 2925. of the Revised Code, if the court	3603
imposing a sentence upon an offender for a felony elects or is	3604
required to impose a prison term on the offender, the court shall	3605
impose the shortest prison term authorized for the offense	3606
pursuant to division (A) of this section, unless one or more of	3607
the following applies:	3608

(1) The offender was serving a prison term at the time of the	3609
offense, or the offender previously had served a prison term.	3610

(2) The court finds on the record that the shortest prison	3611
term will demean the seriousness of the offender's conduct or will	3612
not adequately protect the public from future crime by the	3613
offender or others.	3614

(C) Except as provided in division (G) of this section or in	3615
Chapter 2925. of the Revised Code, the court imposing a sentence	3616
upon an offender for a felony may impose the longest prison term	3617
authorized for the offense pursuant to division (A) of this	3618
section only upon offenders who committed the worst forms of the	3619
offense, upon offenders who pose the greatest likelihood of	3620
committing future crimes, upon certain major drug offenders under	3621
division (D)(3) of this section, and upon certain repeat violent	3622
offenders in accordance with division (D)(2) of this section.	3623

(D)(1)(a) Except as provided in division (D)(1)(e) of this	3624
section, if an offender who is convicted of or pleads guilty to a	3625
felony also is convicted of or pleads guilty to a specification of	3626
the type described in section 2941.141, 2941.144, or 2941.145 of	3627
the Revised Code, the court shall impose on the offender one of	3628
the following prison terms:	3629

(i) A prison term of six years if the specification is of the	3630
type described in section 2941.144 of the Revised Code that	3631
charges the offender with having a firearm that is an automatic	3632
firearm or that was equipped with a firearm muffler or silencer on	3633
or about the offender's person or under the offender's control	3634
while committing the felony;	3635

(ii) A prison term of three years if the specification is of	3636
the type described in section 2941.145 of the Revised Code that	3637
charges the offender with having a firearm on or about the	3638
offender's person or under the offender's control while committing	3639
the offense and displaying the firearm, brandishing the firearm,	3640
indicating that the offender possessed the firearm, or using it to	3641
facilitate the offense;	3642

(iii) A prison term of one year if the specification is of	3643
the type described in section 2941.141 of the Revised Code that	3644
charges the offender with having a firearm on or about the	3645
offender's person or under the offender's control while committing	3646
the felony.	3647

(b) If a court imposes a prison term on an offender under	3648
division (D)(1)(a) of this section, the prison term shall not be	3649
reduced pursuant to section 2929.20, section 2967.193, or any	3650
other provision of Chapter 2967. or Chapter 5120. of the Revised	3651
Code. A court shall not impose more than one prison term on an	3652
offender under division (D)(1)(a) of this section for felonies	3653
committed as part of the same act or transaction.	3654

(c) Except as provided in division (D)(1)(e) of this section,	3655
if an offender who is convicted of or pleads guilty to a violation	3656
of section 2923.161 of the Revised Code or to a felony that	3657
includes, as an essential element, purposely or knowingly causing	3658
or attempting to cause the death of or physical harm to another,	3659
also is convicted of or pleads guilty to a specification of the	3660
type described in section 2941.146 of the Revised Code that	3661
charges the offender with committing the offense by discharging a	3662
firearm from a motor vehicle other than a manufactured home, the	3663
court, after imposing a prison term on the offender for the	3664
violation of section 2923.161 of the Revised Code or for the other	3665
felony offense under division (A), (D)(2), or (D)(3) of this	3666
section, shall impose an additional prison term of five years upon	3667
the offender that shall not be reduced pursuant to section	3668
2929.20, section 2967.193, or any other provision of Chapter 2967.	3669
or Chapter 5120. of the Revised Code. A court shall not impose	3670
more than one additional prison term on an offender under division	3671
(D)(1)(c) of this section for felonies committed as part of the	3672
same act or transaction. If a court imposes an additional prison	3673
term on an offender under division (D)(1)(c) of this section	3674
relative to an offense, the court also shall impose a prison term	3675
under division (D)(1)(a) of this section relative to the same	3676
offense, provided the criteria specified in that division for	3677
imposing an additional prison term are satisfied relative to the	3678
offender and the offense.	3679

(d) If an offender who is convicted of or pleads guilty to an	3680
offense of violence that is a felony also is convicted of or	3681
pleads guilty to a specification of the type described in section	3682
2941.1411 of the Revised Code that charges the offender with	3683
wearing or carrying body armor while committing the felony offense	3684
of violence, the court shall impose on the offender a prison term	3685
of two years. The prison term so imposed shall not be reduced	3686
pursuant to section 2929.20, section 2967.193, or any other	3687
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	3688
court shall not impose more than one prison term on an offender	3689
under division (D)(1)(d) of this section for felonies committed as	3690
part of the same act or transaction. If a court imposes an	3691
additional prison term under division (D)(1)(a) or (c) of this	3692
section, the court is not precluded from imposing an additional	3693
prison term under division (D)(1)(d) of this section.	3694

(e) The court shall not impose any of the prison terms	3695
described in division (D)(1)(a) of this section or any of the	3696
additional prison terms described in division (D)(1)(c) of this	3697
section upon an offender for a violation of section 2923.12 or	3698
2923.123 of the Revised Code. The court shall not impose any of	3699
the prison terms described in division (D)(1)(a) of this section	3700
or any of the additional prison terms described in division	3701
(D)(1)(c) of this section upon an offender for a violation of	3702
section 2923.13 of the Revised Code unless all of the following	3703
apply:	3704

(i) The offender previously has been convicted of aggravated	3705
murder, murder, or any felony of the first or second degree.	3706

(ii) Less than five years have passed since the offender was	3707
released from prison or post-release control, whichever is later,	3708
for the prior offense.	3709

(f) If an offender is convicted of or pleads guilty to a	3710
felony that includes, as an essential element, causing or	3711
attempting to cause the death of or physical harm to another and	3712
also is convicted of or pleads guilty to a specification of the	3713
type described in section 2941.1412 of the Revised Code that	3714
charges the offender with committing the offense by discharging a	3715
firearm at a peace officer as defined in section 2935.01 of the	3716
Revised Code or a corrections officer as defined in section	3717
2941.1412 of the Revised Code, the court, after imposing a prison	3718
term on the offender for the felony offense under division (A),	3719
(D)(2), or (D)(3) of this section, shall impose an additional	3720
prison term of seven years upon the offender that shall not be	3721
reduced pursuant to section 2929.20, section 2967.193, or any	3722
other provision of Chapter 2967. or Chapter 5120. of the Revised	3723
Code. A court shall not impose more than one additional prison	3724
term on an offender under division (D)(1)(f) of this section for	3725
felonies committed as part of the same act or transaction. If a	3726
court imposes an additional prison term on an offender under	3727
division (D)(1)(f) of this section relative to an offense, the	3728
court shall not impose a prison term under division (D)(1)(a) or	3729
(c) of this section relative to the same offense.	3730

(2)(a) If an offender who is convicted of or pleads guilty to	3731
a felony also is convicted of or pleads guilty to a specification	3732
of the type described in section 2941.149 of the Revised Code that	3733
the offender is a repeat violent offender, the court shall impose	3734
a prison term from the range of terms authorized for the offense	3735
under division (A) of this section that may be the longest term in	3736
the range and that shall not be reduced pursuant to section	3737
2929.20, section 2967.193, or any other provision of Chapter 2967.	3738
or Chapter 5120. of the Revised Code. If the court finds that the	3739
repeat violent offender, in committing the offense, caused any	3740
physical harm that carried a substantial risk of death to a person	3741
or that involved substantial permanent incapacity or substantial	3742
permanent disfigurement of a person, the court shall impose the	3743
longest prison term from the range of terms authorized for the	3744
offense under division (A) of this section.	3745

(b) If the court imposing a prison term on a repeat violent	3746
offender imposes the longest prison term from the range of terms	3747
authorized for the offense under division (A) of this section, the	3748
court may impose on the offender an additional definite prison	3749
term of one, two, three, four, five, six, seven, eight, nine, or	3750
ten years if the court finds that both of the following apply with	3751
respect to the prison terms imposed on the offender pursuant to	3752
division (D)(2)(a) of this section and, if applicable, divisions	3753
(D)(1) and (3) of this section:	3754

(i) The terms so imposed are inadequate to punish the	3755
offender and protect the public from future crime, because the	3756
applicable factors under section 2929.12 of the Revised Code	3757
indicating a greater likelihood of recidivism outweigh the	3758
applicable factors under that section indicating a lesser	3759
likelihood of recidivism.	3760

(ii) The terms so imposed are demeaning to the seriousness of	3761
the offense, because one or more of the factors under section	3762
2929.12 of the Revised Code indicating that the offender's conduct	3763
is more serious than conduct normally constituting the offense are	3764
present, and they outweigh the applicable factors under that	3765
section indicating that the offender's conduct is less serious	3766
than conduct normally constituting the offense.	3767

(3)(a) Except when an offender commits a violation of section	3768
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	3769
the violation is life imprisonment or commits a violation of	3770
section 2903.02 of the Revised Code, if the offender commits a	3771
violation of section 2925.03 or 2925.11 of the Revised Code and	3772
that section classifies the offender as a major drug offender and	3773
requires the imposition of a ten-year prison term on the offender,	3774
if the offender commits a felony violation of section 2925.02,	3775
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	3776
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	3777
division (C) of section 4729.51, or division (J) of section	3778
4729.54 of the Revised Code that includes the sale, offer to sell,	3779
or possession of a schedule I or II controlled substance, with the	3780
exception of marihuana, and the court imposing sentence upon the	3781
offender finds that the offender is guilty of a specification of	3782
the type described in section 2941.1410 of the Revised Code	3783
charging that the offender is a major drug offender, if the court	3784
imposing sentence upon an offender for a felony finds that the	3785
offender is guilty of corrupt activity with the most serious	3786
offense in the pattern of corrupt activity being a felony of the	3787
first degree, or if the offender is guilty of an attempted	3788
violation of section 2907.02 of the Revised Code and, had the	3789
offender completed the violation of section 2907.02 of the Revised	3790
Code that was attempted, the offender would have been subject to a	3791
sentence of life imprisonment or life imprisonment without parole	3792
for the violation of section 2907.02 of the Revised Code, the	3793
court shall impose upon the offender for the felony violation a	3794
ten-year prison term that cannot be reduced pursuant to section	3795
2929.20 or Chapter 2967. or 5120. of the Revised Code.	3796

(b) The court imposing a prison term on an offender under	3797
division (D)(3)(a) of this section may impose an additional prison	3798
term of one, two, three, four, five, six, seven, eight, nine, or	3799
ten years, if the court, with respect to the term imposed under	3800
division (D)(3)(a) of this section and, if applicable, divisions	3801
(D)(1) and (2) of this section, makes both of the findings set	3802
forth in divisions (D)(2)(b)(i) and (ii) of this section.	3803

(4) If the offender is being sentenced for a third or fourth	3804
degree felony OVI offense under division (G)(2) of section 2929.13	3805
of the Revised Code, the sentencing court shall impose upon the	3806
offender a mandatory prison term in accordance with that division.	3807
In addition to the mandatory prison term, if the offender is being	3808
sentenced for a fourth degree felony OVI offense, the court,	3809
notwithstanding division (A)(4) of this section, may sentence the	3810
offender to a definite prison term of not less than six months and	3811
not more than thirty months, and if the offender is being	3812
sentenced for a third degree felony OVI offense, the sentencing	3813
court may sentence the offender to an additional prison term of	3814
any duration specified in division (A)(3) of this section. In	3815
either case, the additional prison term imposed shall be reduced	3816
by the sixty or one hundred twenty days imposed upon the offender	3817
as the mandatory prison term. The total of the additional prison	3818
term imposed under division (D)(4) of this section plus the sixty	3819
or one hundred twenty days imposed as the mandatory prison term	3820
shall equal a definite term in the range of six months to thirty	3821
months for a fourth degree felony OVI offense and shall equal one	3822
of the authorized prison terms specified in division (A)(3) of	3823
this section for a third degree felony OVI offense. If the court	3824
imposes an additional prison term under division (D)(4) of this	3825
section, the offender shall serve the additional prison term after	3826
the offender has served the mandatory prison term required for the	3827
offense. The court shall not sentence the offender to a community	3828
control sanction under section 2929.16 or 2929.17 of the Revised	3829
Code.	3830

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	3831
mandatory prison term is imposed upon an offender pursuant to	3832
division (D)(1)(a) of this section for having a firearm on or	3833
about the offender's person or under the offender's control while	3834
committing a felony, if a mandatory prison term is imposed upon an	3835
offender pursuant to division (D)(1)(c) of this section for	3836
committing a felony specified in that division by discharging a	3837
firearm from a motor vehicle, or if both types of mandatory prison	3838
terms are imposed, the offender shall serve any mandatory prison	3839
term imposed under either division consecutively to any other	3840
mandatory prison term imposed under either division or under	3841
division (D)(1)(d) of this section, consecutively to and prior to	3842
any prison term imposed for the underlying felony pursuant to	3843
division (A), (D)(2), or (D)(3) of this section or any other	3844
section of the Revised Code, and consecutively to any other prison	3845
term or mandatory prison term previously or subsequently imposed	3846
upon the offender.	3847

(b) If a mandatory prison term is imposed upon an offender	3848
pursuant to division (D)(1)(d) of this section for wearing or	3849
carrying body armor while committing an offense of violence that	3850
is a felony, the offender shall serve the mandatory term so	3851
imposed consecutively to any other mandatory prison term imposed	3852
under that division or under division (D)(1)(a) or (c) of this	3853
section, consecutively to and prior to any prison term imposed for	3854
the underlying felony under division (A), (D)(2), or (D)(3) of	3855
this section or any other section of the Revised Code, and	3856
consecutively to any other prison term or mandatory prison term	3857
previously or subsequently imposed upon the offender.	3858

(c) If a mandatory prison term is imposed upon an offender	3859
pursuant to division (D)(1)(f) of this section, the offender shall	3860
serve the mandatory prison term so imposed consecutively to and	3861
prior to any prison term imposed for the underlying felony under	3862
division (A), (D)(2), or (D)(3) of this section or any other	3863
section of the Revised Code, and consecutively to any other prison	3864
term or mandatory prison term previously or subsequently imposed	3865
upon the offender.	3866

(2) If an offender who is an inmate in a jail, prison, or	3867
other residential detention facility violates section 2917.02,	3868
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3869
who is under detention at a detention facility commits a felony	3870
violation of section 2923.131 of the Revised Code, or if an	3871
offender who is an inmate in a jail, prison, or other residential	3872
detention facility or is under detention at a detention facility	3873
commits another felony while the offender is an escapee in	3874
violation of section 2921.34 of the Revised Code, any prison term	3875
imposed upon the offender for one of those violations shall be	3876
served by the offender consecutively to the prison term or term of	3877
imprisonment the offender was serving when the offender committed	3878
that offense and to any other prison term previously or	3879
subsequently imposed upon the offender.	3880

(3) If a prison term is imposed for a violation of division	3881
(B) of section 2911.01 of the Revised Code, a violation of	3882
division (A) of section 2913.02 of the Revised Code in which the	3883
stolen property is a firearm or dangerous ordnance, or if a prison	3884
term is imposed for a felony violation of division (B) of section	3885
2921.331 of the Revised Code, the offender shall serve that prison	3886
term consecutively to any other prison term or mandatory prison	3887
term previously or subsequently imposed upon the offender.	3888

(4) If multiple prison terms are imposed on an offender for	3889
convictions of multiple offenses, the court may require the	3890
offender to serve the prison terms consecutively if the court	3891
finds that the consecutive service is necessary to protect the	3892
public from future crime or to punish the offender and that	3893
consecutive sentences are not disproportionate to the seriousness	3894
of the offender's conduct and to the danger the offender poses to	3895
the public, and if the court also finds any of the following:	3896

(a) The offender committed one or more of the multiple	3897
offenses while the offender was awaiting trial or sentencing, was	3898
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3899
2929.18 of the Revised Code, or was under post-release control for	3900
a prior offense.	3901

(b) At least two of the multiple offenses were committed as	3902
part of one or more courses of conduct, and the harm caused by two	3903
or more of the multiple offenses so committed was so great or	3904
unusual that no single prison term for any of the offenses	3905
committed as part of any of the courses of conduct adequately	3906
reflects the seriousness of the offender's conduct.	3907

(c) The offender's history of criminal conduct demonstrates	3908
that consecutive sentences are necessary to protect the public	3909
from future crime by the offender.	3910

(5) When consecutive prison terms are imposed pursuant to	3911
division (E)(1), (2), (3), or (4) of this section, the term to be	3912
served is the aggregate of all of the terms so imposed.	3913

(F) If a court imposes a prison term of a type described in	3914
division (B) of section 2967.28 of the Revised Code, it shall	3915
include in the sentence a requirement that the offender be subject	3916
to a period of post-release control after the offender's release	3917
from imprisonment, in accordance with that division. If a court	3918
imposes a prison term of a type described in division (C) of that	3919
section, it shall include in the sentence a requirement that the	3920
offender be subject to a period of post-release control after the	3921
offender's release from imprisonment, in accordance with that	3922
division, if the parole board determines that a period of	3923
post-release control is necessary.	3924

(G) If a person is convicted of or pleads guilty to a	3925
sexually violent offense and also is convicted of or pleads guilty	3926
to a sexually violent predator specification that was included in	3927
the indictment, count in the indictment, or information charging	3928
that offense, the court shall impose sentence upon the offender in	3929
accordance with section 2971.03 of the Revised Code, and Chapter	3930
2971. of the Revised Code applies regarding the prison term or	3931
term of life imprisonment without parole imposed upon the offender	3932
and the service of that term of imprisonment.	3933

(H) If a person who has been convicted of or pleaded guilty	3934
to a felony is sentenced to a prison term or term of imprisonment	3935
under this section, sections 2929.02 to 2929.06 of the Revised	3936
Code, section 2971.03 of the Revised Code, or any other provision	3937
of law, section 5120.163 of the Revised Code applies regarding the	3938
person while the person is confined in a state correctional	3939
institution.	3940

(I) If an offender who is convicted of or pleads guilty to a	3941
felony that is an offense of violence also is convicted of or	3942
pleads guilty to a specification of the type described in section	3943
2941.142 of the Revised Code that charges the offender with having	3944
committed the felony while participating in a criminal gang, the	3945
court shall impose upon the offender an additional prison term of	3946
one, two, or three years.	3947

(J) If an offender who is convicted of or pleads guilty to	3948
aggravated murder, murder, or a felony of the first, second, or	3949
third degree that is an offense of violence also is convicted of	3950
or pleads guilty to a specification of the type described in	3951
section 2941.143 of the Revised Code that charges the offender	3952
with having committed the offense in a school safety zone or	3953
towards a person in a school safety zone, the court shall impose	3954
upon the offender an additional prison term of two years. The	3955
offender shall serve the additional two years consecutively to and	3956
prior to the prison term imposed for the underlying offense.	3957

(K) At the time of sentencing, the court may recommend the	3958
offender for placement in a program of shock incarceration under	3959
section 5120.031 of the Revised Code or for placement in an	3960
intensive program prison under section 5120.032 of the Revised	3961
Code, disapprove placement of the offender in a program of shock	3962
incarceration or an intensive program prison of that nature, or	3963
make no recommendation on placement of the offender. In no case	3964
shall the department of rehabilitation and correction place the	3965
offender in a program or prison of that nature unless the	3966
department determines as specified in section 5120.031 or 5120.032	3967
of the Revised Code, whichever is applicable, that the offender is	3968
eligible for the placement.	3969

If the court disapproves placement of the offender in a	3970
program or prison of that nature, the department of rehabilitation	3971
and correction shall not place the offender in any program of	3972
shock incarceration or intensive program prison.	3973

If the court recommends placement of the offender in a	3974
program of shock incarceration or in an intensive program prison,	3975
and if the offender is subsequently placed in the recommended	3976
program or prison, the department shall notify the court of the	3977
placement and shall include with the notice a brief description of	3978
the placement.	3979

If the court recommends placement of the offender in a	3980
program of shock incarceration or in an intensive program prison	3981
and the department does not subsequently place the offender in the	3982
recommended program or prison, the department shall send a notice	3983
to the court indicating why the offender was not placed in the	3984
recommended program or prison.	3985

If the court does not make a recommendation under this	3986
division with respect to an offender and if the department	3987
determines as specified in section 5120.031 or 5120.032 of the	3988
Revised Code, whichever is applicable, that the offender is	3989
eligible for placement in a program or prison of that nature, the	3990
department shall screen the offender and determine if there is an	3991
available program of shock incarceration or an intensive program	3992
prison for which the offender is suited. If there is an available	3993
program of shock incarceration or an intensive program prison for	3994
which the offender is suited, the department shall notify the	3995
court of the proposed placement of the offender as specified in	3996
section 5120.031 or 5120.032 of the Revised Code and shall include	3997
with the notice a brief description of the placement. The court	3998
shall have ten days from receipt of the notice to disapprove the	3999
placement.	4000

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	4001
of the Revised Code, a first offender may apply to the sentencing	4002
court if convicted in this state, or to a court of common pleas if	4003
convicted in another state or in a federal court, for the sealing	4004
of the conviction record. Application may be made at the	4005
expiration of three years after the offender's final discharge if	4006
convicted of a felony, or at the expiration of one year after the	4007
offender's final discharge if convicted of a misdemeanor.	4008

(2) Any person who has been arrested for any misdemeanor	4009
offense and who has effected a bail forfeiture may apply to the	4010
court in which the misdemeanor criminal case was pending when bail	4011
was forfeited for the sealing of the record of the case. Except as	4012
provided in section 2953.61 of the Revised Code, the application	4013
may be filed at any time after the expiration of one year from the	4014
date on which the bail forfeiture was entered upon the minutes of	4015
the court or the journal, whichever entry occurs first.	4016

(B) Upon the filing of an application under this section, the	4017
court shall set a date for a hearing and shall notify the	4018
prosecutor for the case of the hearing on the application. The	4019
prosecutor may object to the granting of the application by filing	4020
an objection with the court prior to the date set for the hearing.	4021
The prosecutor shall specify in the objection the reasons for	4022
believing a denial of the application is justified. The court	4023
shall direct its regular probation officer, a state probation	4024
officer, or the department of probation of the county in which the	4025
applicant resides to make inquiries and written reports as the	4026
court requires concerning the applicant.	4027

(C)(1) The court shall do each of the following:

4028

(a) Determine whether the applicant is a first offender or	4029
whether the forfeiture of bail was agreed to by the applicant and	4030
the prosecutor in the case. If the applicant applies as a first	4031
offender pursuant to division (A)(1) of this section and has two	4032
or three convictions that result from the same indictment,	4033
information, or complaint, from the same plea of guilty, or from	4034
the same official proceeding, and result from related criminal	4035
acts that were committed within a three-month period but do not	4036
result from the same act or from offenses committed at the same	4037
time, in making its determination under this division, the court	4038
initially shall determine whether it is not in the public interest	4039
for the two or three convictions to be counted as one conviction.	4040
If the court determines that it is not in the public interest for	4041
the two or three convictions to be counted as one conviction, the	4042
court shall determine that the applicant is not a first offender;	4043
if the court does not make that determination, the court shall	4044
determine that the offender is a first offender.	4045

(b) Determine whether criminal proceedings are pending	4046
against the applicant;	4047

(c) If the applicant is a first offender who applies pursuant	4048
to division (A)(1) of this section, determine whether the	4049
applicant has been rehabilitated to the satisfaction of the court;	4050

(d) If the prosecutor has filed an objection in accordance	4051
with division (B) of this section, consider the reasons against	4052
granting the application specified by the prosecutor in the	4053
objection;	4054

(e) Weigh the interests of the applicant in having the	4055
records pertaining to the applicant's conviction sealed against	4056
the legitimate needs, if any, of the government to maintain those	4057
records.	4058

(2) If the court determines, after complying with division	4059
(C)(1) of this section, that the applicant is a first offender or	4060
the subject of a bail forfeiture, that no criminal proceeding is	4061
pending against the applicant, and that the interests of the	4062
applicant in having the records pertaining to the applicant's	4063
conviction or bail forfeiture sealed are not outweighed by any	4064
legitimate governmental needs to maintain those records, and that	4065
the rehabilitation of an applicant who is a first offender	4066
applying pursuant to division (A)(1) of this section has been	4067
attained to the satisfaction of the court, the court, except as	4068
provided in division (G) of this section, shall order all official	4069
records pertaining to the case sealed and, except as provided in	4070
division (F) of this section, all index references to the case	4071
deleted and, in the case of bail forfeitures, shall dismiss the	4072
charges in the case. The proceedings in the case shall be	4073
considered not to have occurred and the conviction or bail	4074
forfeiture of the person who is the subject of the proceedings	4075
shall be sealed, except that upon conviction of a subsequent	4076
offense, the sealed record of prior conviction or bail forfeiture	4077
may be considered by the court in determining the sentence or	4078
other appropriate disposition, including the relief provided for	4079
in sections 2953.31 to 2953.33 of the Revised Code.	4080

(3) Upon the filing of an application under this section, the	4081
applicant, unless indigent, shall pay a fee of fifty dollars. The	4082
court shall pay thirty dollars of the fee into the state treasury.	4083
It shall pay twenty dollars of the fee into the county general	4084
revenue fund if the sealed conviction or bail forfeiture was	4085
pursuant to a state statute, or into the general revenue fund of	4086
the municipal corporation involved if the sealed conviction or	4087
bail forfeiture was pursuant to a municipal ordinance.	4088

(D) Inspection of the sealed records included in the order	4089
may be made only by the following persons or for the following	4090
purposes:	4091

(1) By a law enforcement officer or prosecutor, or the	4092
assistants of either, to determine whether the nature and	4093
character of the offense with which a person is to be charged	4094
would be affected by virtue of the person's previously having been	4095
convicted of a crime;	4096

(2) By the parole or probation officer of the person who is	4097
the subject of the records, for the exclusive use of the officer	4098
in supervising the person while on parole or under a community	4099
control sanction or a post-release control sanction, and in making	4100
inquiries and written reports as requested by the court or adult	4101
parole authority;	4102

(3) Upon application by the person who is the subject of the	4103
records, by the persons named in the application;	4104

(4) By a law enforcement officer who was involved in the	4105
case, for use in the officer's defense of a civil action arising	4106
out of the officer's involvement in that case;	4107

(5) By a prosecuting attorney or the prosecuting attorney's	4108
assistants, to determine a defendant's eligibility to enter a	4109
pre-trial diversion program established pursuant to section	4110
2935.36 of the Revised Code;	4111

(6) By any law enforcement agency or any authorized employee	4112
of a law enforcement agency or by the department of rehabilitation	4113
and correction as part of a background investigation of a person	4114
who applies for employment with the agency as a law enforcement	4115
officer or with the department as a corrections officer;	4116

(7) By any law enforcement agency or any authorized employee	4117
of a law enforcement agency, for the purposes set forth in, and in	4118
the manner provided in, section 2953.321 of the Revised Code;	4119

(8) By the bureau of criminal identification and	4120
investigation or any authorized employee of the bureau for the	4121
purpose of providing information to a board or person pursuant to	4122
division (F) or (G) of section 109.57 of the Revised Code;	4123

(9) By the bureau of criminal identification and	4124
investigation or any authorized employee of the bureau for the	4125
purpose of performing a criminal history records check on a person	4126
to whom a certificate as prescribed in section 109.77 of the	4127
Revised Code is to be awarded;	4128

(10) By the bureau of criminal identification and	4129
investigation, an authorized employee of the bureau, a sheriff, or	4130
an authorized employee of a sheriff in connection with a criminal	4131
records check described in section 311.41 of the Revised Code.	4132

When the nature and character of the offense with which a	4133
person is to be charged would be affected by the information, it	4134
may be used for the purpose of charging the person with an	4135
offense.	4136

(E) In any criminal proceeding, proof of any otherwise	4137
admissible prior conviction may be introduced and proved,	4138
notwithstanding the fact that for any such prior conviction an	4139
order of sealing previously was issued pursuant to sections	4140
2953.31 to 2953.36 of the Revised Code.	4141

(F) The person or governmental agency, office, or department	4142
that maintains sealed records pertaining to convictions or bail	4143
forfeitures that have been sealed pursuant to this section may	4144
maintain a manual or computerized index to the sealed records. The	4145
index shall contain only the name of, and alphanumeric identifiers	4146
that relate to, the persons who are the subject of the sealed	4147
records, the word "sealed," and the name of the person, agency,	4148
office, or department that has custody of the sealed records, and	4149
shall not contain the name of the crime committed. The index shall	4150
be made available by the person who has custody of the sealed	4151
records only for the purposes set forth in divisions (C), (D), and	4152
(E) of this section.	4153

(G) Notwithstanding any provision of this section or section	4154
2953.33 of the Revised Code that requires otherwise, a board of	4155
education of a city, local, exempted village, or joint vocational	4156
school district that maintains records of an individual who has	4157
been permanently excluded under sections 3301.121 and 3313.662 of	4158
the Revised Code is permitted to maintain records regarding a	4159
conviction that was used as the basis for the individual's	4160
permanent exclusion, regardless of a court order to seal the	4161
record. An order issued under this section to seal the record of a	4162
conviction does not revoke the adjudication order of the	4163
superintendent of public instruction to permanently exclude the	4164
individual who is the subject of the sealing order. An order	4165
issued under this section to seal the record of a conviction of an	4166
individual may be presented to a district superintendent as	4167
evidence to support the contention that the superintendent should	4168
recommend that the permanent exclusion of the individual who is	4169
the subject of the sealing order be revoked. Except as otherwise	4170
authorized by this division and sections 3301.121 and 3313.662 of	4171
the Revised Code, any school employee in possession of or having	4172
access to the sealed conviction records of an individual that were	4173
the basis of a permanent exclusion of the individual is subject to	4174
section 2953.35 of the Revised Code.	4175

Section 4. That existing versions of sections 2923.122,	4176
2929.14, and 2953.32 of the Revised Code that are scheduled to	4177
take effect January 1, 2004, are hereby repealed.	4178

Section 5. Sections 3 and 4 of this act shall take effect on	4179
January 1, 2004, or the earliest date permitted by law, whichever	4180
is later.	4181

Section 6.  In amending sections 1547.69, 2911.21, 2921.13,	4182
2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and	4183
4749.10 of the Revised Code and in enacting sections 109.69,	4184
109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised	4185
Code in this act, the General Assembly hereby declares its intent	4186
to recognize both of the following:	4187

(A) The inalienable and fundamental right of an individual to	4188
defend the individual's person and the members of the individual's	4189
family;	4190

(B) The fact that the right described in division (A) of this	4191
section predates the adoption of the United States Constitution,	4192
the adoption of the Ohio Constitution, and the enactment of all	4193
statutory laws by the General Assembly and may not be infringed by	4194
any enactment of the General Assembly.	4195

Section 7.  In enacting sections 109.69, 109.731, 311.41,	4197
311.42, and 2923.124 to 2923.1213 of the Revised Code in this act	4198
and in amending sections 1547.69, 2911.21, 2921.13, 2923.12,	4199
2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the	4200
Revised Code in this act relative to licenses to carry a concealed	4201
handgun, the General Assembly hereby declares that it is not its	4202
intent to declare or otherwise give the impression that, prior to	4203
the effective date of this act, an individual did not have an	4204
inalienable and fundamental right, or a right under the Ohio	4205
Constitution or the United States Constitution, to carry a	4206
concealed handgun or other firearm for the defense of the	4207
individual's person or a member of the individual's family while	4208
engaged in lawful activity. Further, the General Assembly declares	4209
that it is not its intent to invalidate any prior convictions for	4210
violating any section of the Revised Code or a municipal ordinance	4211
prior to the effective date of this act or to prevent the	4212
prosecution of any violation committed prior to the effective date	4213
of this act.	4214

Section 8.  Within thirty days after the effective date of	4215
this act, the Ohio Peace Officer Training Commission shall submit	4216
the rules required under section 109.731 of the Revised Code to	4217
the Joint Committee on Agency Rule Review. Within thirty days	4218
after those rules take effect, the Commission shall prepare and	4219
make available to the sheriffs of this state the application and	4220
license forms described in division (A) of section 109.731 of the	4221
Revised Code and the pamphlet described in division (B) of that	4222
section and shall prescribe the license fee described in division	4223
(C) of that section and the license fee described in division (B)	4224
of section 2923.1213 of the Revised Code. The Commission shall	4225
submit its first annual statistical report described in division	4226
(D) of that section not later than fifteen months after the	4227
effective date of this act.	4228

Section 9. The General Assembly finds that licenses to carry	4229
concealed handguns are a matter of statewide concern and wishes to	4230
ensure uniformity throughout the state regarding the	4231
qualifications for a person to hold a license to carry a concealed	4232
handgun and the authority granted to a person holding a license of	4233
that nature. It is the intent of the General Assembly in amending	4234
sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123,	4235
2923.16, 2953.32, and 4749.10 and enacting sections 109.69,	4236
109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised	4237
Code to enact laws of a general nature, and, by enacting those	4238
laws of a general nature, the state occupies and preempts the	4239
field of issuing licenses to carry a concealed handgun and the	4240
validity of licenses of that nature. No municipal corporation may	4241
adopt or continue in existence any ordinance, and no township may	4242
adopt or continue in existence any resolution, that is in conflict	4243
with those sections, including, but not limited to, any ordinance	4244
or resolution that attempts to restrict the places where a person	4245
possessing a valid license to carry a concealed handgun may carry	4246
a handgun concealed.	4247

Section 10. If any provision of sections 1547.69, 2911.21,	4248
2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14,	4249
2953.32, and 4749.10 of the Revised Code, as amended by this act,	4250
any provision of sections 109.69, 109.731, 311.41, 311.42,	4251
2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129,	4252
2923.1210, 2923.1211, 2923.1212, and 2923.1213 of the Revised	4253
Code, as enacted by this act, or the application of any provision	4254
of those sections to any person or circumstance is held invalid,	4255
the invalidity does not affect other provisions or applications of	4256
the particular section or related sections that can be given	4257
effect without the invalid provision or application, and to this	4258
end the provisions of the particular section are severable.	4259

Section 11. (A) Section 2929.14 of the Revised Code,	4260
effective until January 1, 2004, is presented in Section 1 of this	4261
act as a composite of the section as amended by Sub. H.B. 130, Am.	4262
Sub. H.B. 327, and Sub. H.B. 485 of the 124th General Assembly.	4263
The General Assembly, applying the principle stated in division	4264
(B) of section 1.52 of the Revised Code that amendments are to be	4265
harmonized if reasonably capable of simultaneous operation, finds	4266
that the composite is the resulting version of the section in	4267
effect prior to the effective date of the section as presented in	4268
Section 1 of this act.	4269

(B) Section 2929.14 of the Revised Code, effective on January	4270
1, 2004, is presented in Section 3 of this act as a composite of	4271
the section as amended by Sub. H.B. 130, Am. Sub. H.B. 327, Sub.	4272
H.B. 485, and Am. Sub. S.B. 123 of the 124th General Assembly. The	4273
General Assembly, applying the principle stated in division (B) of	4274
section 1.52 of the Revised Code that amendments are to be	4275
harmonized if reasonably capable of simultaneous operation, finds	4276
that the composite is the resulting version of the section in	4277
effect prior to the effective date of the section as presented in	4278
Section 3 of this act.	4279