REPRESENTATIVES Aslanides, Cates, Hollister, J. Stewart, Faber, Seitz, Grendell, Willamowski, Blasdel, Book, Buehrer, Callender, Calvert, Carano, Carmichael, Cirelli, Clancy, Collier, Core, Daniels, DeWine, Distel, Domenick, C. Evans, D. Evans, Fessler, Flowers, Gibbs, Gilb, Hagan, Hoops, Husted, Kearns, Latta, Manning, Niehaus, Oelslager, T. Patton, Peterson, Raga, Raussen, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Setzer, Sferra, Taylor, Webster, White, Widener, Wolpert, Young

To amend sections 1547.69, 2911.21, 2913.02, 2921.13,

1

2923.12, 2923.121, 2923.123, 2923.16, 2929.14,

2

2953.32, and 4749.10 and to enact sections

3

109.731, 311.41, 311.42, 2923.124, 2923.125,

4

2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,

5

2923.1211, and 2923.1212 of the Revised Code to

6

authorize county sheriffs to issue licenses to

7

carry concealed handguns to certain persons, to

8

create the offenses of falsification to obtain a

9

concealed handgun license, falsification of a

10

concealed handgun license, and possessing a

11

revoked or suspended concealed handgun license, to

12

increase the penalty for theft of a firearm, and

13

to maintain the provisions of this act on and

14

after January 1, 2004, by amending the version of

15

section 2929.14 of the Revised Code that takes

16

effect on that date.

17

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

Section 1.  That sections 1547.69, 2911.21, 2913.02, 2921.13,	18
2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32, and	19
4749.10 be amended and sections 109.731, 311.41, 311.42, 2923.124,	20
2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,	21
2923.1211, and 2923.1212 of the Revised Code be enacted to read as	22
follows:	23

Sec. 109.731.  (A) The Ohio peace officer training commission	24
shall prescribe, and shall make available to sheriffs, both of the	25
following:	26

(1) An application form that is to be used under section	27
2923.125 of the Revised Code by a person who applies for a license	28
to carry a concealed handgun or for the renewal of a license of	29
that nature and that conforms substantially to the form prescribed	30
in section 2923.1210 of the Revised Code;	31

(2) A form for the license to carry a concealed handgun that	32
is to be issued by sheriffs to persons who qualify for a license	33
to carry a concealed handgun under section 2923.125 of the Revised	34
Code and that conforms to the following requirements:	35

(a) It has space for the licensee's full name, residence	36
address, and date of birth and for a color photograph of the	37
licensee.	38

(b) It has space for the date of issuance of the license, its	39
expiration date, its county of issuance, and the name of the	40
sheriff who issues the license.	41

(c) It has space for the signature of the licensee and the	42
signature or a facsimile signature of the sheriff who issues the	43
license.	44

(d) It does not require the licensee to include serial	45
numbers of handguns, other identification related to handguns, or	46
similar data that is not pertinent or relevant to obtaining the	47
license and that could be used as a de facto means of registration	48
of handguns owned by the licensee.	49

(B) The Ohio peace officer training commission shall prepare	50
a pamphlet that contains the text of the firearms laws of this	51
state and shall make copies of the pamphlet available to sheriffs	52
for distribution to applicants under section 2923.125 of the	53
Revised Code for a license to carry a concealed handgun and	54
applicants under that section for the renewal of a license to	55
carry a concealed handgun.	56

(C) The Ohio peace officer training commission shall	57
prescribe a fee to be paid by an applicant under section 2923.125	58
of the Revised Code for a license to carry a concealed handgun or	59
for the renewal of a license of that nature in an amount that does	60
not exceed the lesser of forty-five dollars or the actual cost of	61
issuing the license, including, but not limited to, the cost of	62
conducting the criminal records check. The commission shall	63
specify the portion of the fee that will be used to pay each	64
particular cost of the issuance of the license. The sheriff shall	65
deposit all fees paid by an applicant under section 2923.125 of	66
the Revised Code into the sheriff handgun licensure fund	67
established pursuant to section 311.42 of the Revised Code.	68

(D) The Ohio peace officer training commission shall maintain	69
statistics with respect to the issuance, renewal, suspension,	70
revocation, and denial of licenses to carry a concealed handgun	71
and the suspension of applications for those licenses as reported	72
by the sheriffs pursuant to division (C) of section 2923.129 of	73
the Revised Code. Not later than the first day of March in each	74
year, the commission shall submit a statistical report to the	75
governor, the president of the senate, and the speaker of the	76
house of representatives indicating the number of those licenses	77
that were issued, renewed, suspended, revoked, and denied in the	78
previous calendar year and the number of applications for those	79
licenses for which processing was suspended in accordance with	80
division (D)(3) of section 2923.125 of the Revised Code in the	81
previous calendar year.	82

(E) The Ohio peace officer training commission shall oversee	83
compliance with the requirement for the destruction of records	84
required by division (B) of section 311.41 of the Revised Code.	85
The commission may adopt rules in accordance with Chapter 119. of	86
the Revised Code implementing procedures to be followed in	87
relation to the destruction of those records and to ensure that	88
the destruction requirements are followed. The commission may hire	89
employees to make appropriate investigations to ensure that the	90
destruction requirements are followed. County sheriffs shall	91
cooperate with any investigation under this division and shall	92
give the employees access to all places and records in the	93
sheriff's office related to criminal records checks conducted in	94
accordance with section 311.41 of the Revised Code.	95

(F) As used in this section, "handgun" has the same meaning	96
as in section 2923.11 of the Revised Code.	97

Sec. 311.41. (A)(1) Upon receipt of an application for a	98
license to carry a concealed handgun under division (C) of section	99
2923.125 of the Revised Code or an application to renew a license	100
to carry a concealed handgun under division (F) of that section,	101
the sheriff shall conduct a criminal records check of the	102
applicant to determine whether the applicant fails to meet the	103
criteria described in division (D)(1) of section 2923.125 of the	104
Revised Code by using the law enforcement automated data system to	105
gain access to the criminal records in the bureau of criminal	106
identification and investigation, the national crime information	107
center, and the interstate identification index. In conducting the	108
criminal records check under this division, the sheriff shall use	109
the applicant's name, social security number, and date of birth	110
that are stated in the application or the fingerprints of not more	111
than four fingers of the applicant if the applicant allows the	112
sheriff to obtain those fingerprints using an electronic	113
fingerprint reading device for the purpose of conducting the	114
criminal records check.	115

(2) If a criminal records check conducted under division	116
(A)(1) of this section using the applicant's name, social security	117
number, and date of birth that are stated in the application	118
indicates that the applicant may fail to meet any of the criteria	119
described in division (D)(1) of section 2923.125 of the Revised	120
Code and if the applicant wishes to proceed with the application,	121
the sheriff shall conduct further investigation to determine	122
whether the applicant meets all of the criteria described in that	123
division.	124

If the applicant previously has not done so, the applicant	125
shall allow the sheriff to obtain the fingerprints of not more	126
than four fingers of the applicant using an electronic fingerprint	127
reading device. The sheriff shall use those fingerprints of the	128
applicant to conduct an additional criminal records check of the	129
applicant in the manner provided in division (A)(1) of this	130
section. The sheriff shall not retain the applicant's social	131
security number or fingerprints as part of the application.	132

(3) Except as otherwise provided in this division, if at any	133
time the applicant decides not to continue with the application	134
process, the sheriff immediately shall cease any investigation	135
that is being conducted under division (A)(1) or (2) of this	136
section. The sheriff shall not cease that investigation if both of	137
the following apply:	138

(a) At the time of the applicant's decision not to continue	139
with the application process, the sheriff had determined from any	140
of the sheriff's investigations that the applicant then was	141
engaged in activity of a criminal nature.	142

(b) The sheriff would be subject to a possible criminal	143
charge under section 2921.44 of the Revised Code if the sheriff	144
were to cease the investigation.	145

(B) If a criminal records check conducted under division (A)	146
of this section does not indicate that the applicant fails to meet	147
the criteria described in division (D)(1) of section 2923.125 of	148
the Revised Code, the sheriff shall destroy or cause a designated	149
employee to destroy all records other than the application for a	150
license to carry a concealed handgun or the application to renew a	151
license to carry a concealed handgun that were made in connection	152
with the criminal records check within twenty days after	153
conducting the criminal records check. When required by section	154
2923.127 of the Revised Code, the source the sheriff used in	155
conducting the criminal records check shall destroy or the chief	156
operating officer of the source shall cause an employee of the	157
source designated by the chief to destroy all records other than	158
the application for a license to carry a concealed handgun or the	159
application to renew a license to carry a concealed handgun that	160
were made in connection with the criminal records check within the	161
twenty-day period described in that section.	162

(C) If division (B) of this section applies to a particular	163
criminal records check, no sheriff, employee of a sheriff	164
designated by the sheriff to destroy records under that division,	165
source the sheriff used in conducting the criminal records check,	166
or employee of the source designated by the chief operating	167
officer of the source to destroy records under that division shall	168
fail to destroy or cause to be destroyed within the applicable	169
twenty-day period specified in that division all records other	170
than the application for a license to carry a concealed handgun or	171
the application to renew a license to carry a concealed handgun	172
made in connection with the particular criminal records check.	173

(D) Whoever violates division (C) of this section is guilty	174
of failure to destroy records, a misdemeanor of the first degree.	175

(E) As used in this section, "handgun" has the same meaning	176
as in section 2923.11 of the Revised Code.	177

Sec. 311.42.  (A) Each county shall establish in the county	178
treasury a sheriff handgun licensure fund. The sheriff of that	179
county shall deposit into that fund all fees paid by applicants	180
for the issuance or renewal of a license or duplicate license to	181
carry a concealed handgun under section 2923.125 of the Revised	182
Code. The county shall distribute the fees deposited into the fund	183
in accordance with the specifications prescribed by the Ohio peace	184
officer training commission under division (C) of section 109.731	185
of the Revised Code.	186

(B) The sheriff, with the approval of the board of county	187
commissioners, may expend any county portion of the fees deposited	188
into the sheriff handgun licensure fund for any costs incurred by	189
the sheriff in connection with performing any administrative	190
functions related to the licensing of handguns, including, but not	191
limited to, personnel expenses and the costs of any handgun safety	192
education program that the sheriff chooses to fund.	193

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

194

(1) "Firearm" hasand "handgun" have the same meaning	195
meanings as in section 2923.11 of the Revised Code.	196

(2) "Unloaded" has the same meaning as in section 2923.16 of	197
the Revised Code.	198

(B) No person shall knowingly discharge a firearm while in or	199
on a vessel.	200

(C) No person shall knowingly transport or have a loaded	201
firearm in a vessel in such a manner that the firearm is	202
accessible to the operator or any passenger.	203

(D) No person shall knowingly transport or have a firearm in	204
a vessel unless it is unloaded and is carried in one of the	205
following ways:	206

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

207

(2) In plain sight with the action opened or the weapon	208
stripped, or, if the firearm is of a type on which the action will	209
not stay open or that cannot easily be stripped, in plain sight.	210

(E)(1) The affirmative defenses containedauthorized in	211
divisions (C)(1) and, (2), and (5) of section 2923.12 of the	212
Revised Code are affirmative defenses to a charge under division	213
(C) or (D) of this section.	214

(2) It is an affirmative defense to a charge under division	215
(B) of this section that the offender discharged the firearm in	216
self-defense.	217

(3)(a) The fact that a person who is prosecuted for a	218
violation of division (C) or (D) of this section is found to have	219
possessed a firearm under an affirmative defense authorized in	220
division (E)(1) of this section shall not be used in a subsequent	221
prosecution of the person for a violation of this section or	222
section 2923.12, 2923.121, 2923.122, 2923.123, or 2923.16 of the	223
Revised Code.	224

(b) No person who is charged with a violation of division (C)	225
or (D) of this section shall be required to obtain a license to	226
carry a concealed handgun under section 2923.125 of the Revised	227
Code as a condition for the dismissal of the charge.	228

(F) Divisions (B), (C), and (D) of this section do not apply	229
to the possession or discharge of a United States coast guard	230
approved signaling device required to be carried aboard a vessel	231
under section 1547.251 of the Revised Code when the signaling	232
device is possessed or used for the purpose of giving a visual	233
distress signal. No person shall knowingly transport or possess	234
any such signaling device of that nature in or on a vessel in a	235
loaded condition at any time other than immediately prior to the	236
discharge of the signaling device for the purpose of giving a	237
visual distress signal.	238

(G) No person shall operate or permit to be operated any	239
vessel on the waters in this state in violation of this section.	240

(H) This section does not apply to officers, agents, or	241
employees of this or any other state or of the United States, or	242
to law enforcement officers, when authorized to carry or have	243
loaded or accessible firearms in a vessel and acting within the	244
scope of their duties, norand this section does not apply to	245
persons legally engaged in hunting. Divisions (C) and (D) of this	246
section do not apply to a person who transports or possesses a	247
handgun in a vessel and who, at the time of that transportation or	248
possession, is carrying a valid license to carry a concealed	249
handgun issued to the person under section 2923.125 of the Revised	250
Code, unless the person knowingly is in a place on the vessel	251
described in division (B) of section 2923.126 of the Revised Code.	252

Sec. 2911.21.  (A) No person, without privilege to do so,	253
shall do any of the following:	254

(1) Knowingly enter or remain on the land or premises of	255
another;	256

(2) Knowingly enter or remain on the land or premises of	257
another, the use of which is lawfully restricted to certain	258
persons, purposes, modes, or hours, when the offender knows hethe	259
offender is in violation of any such restriction or is reckless in	260
that regard;	261

(3) Recklessly enter or remain on the land or premises of	262
another, as to which notice against unauthorized access or	263
presence is given by actual communication to the offender, or in a	264
manner prescribed by law, or by posting in a manner reasonably	265
calculated to come to the attention of potential intruders, or by	266
fencing or other enclosure manifestly designed to restrict access;	267

(4) Being on the land or premises of another, negligently	268
fail or refuse to leave upon being notified to do so by the owner	269
or occupant, or the agent or servant of either;	270

(5) Knowingly enter or remain on private land or premises,	271
including land or premises owned by the state, the United States,	272
or a political subdivision of the state or the United States that	273
is leased by a private person or entity, when all of the following	274
apply:	275

(a) The owner or person in control of the private land or	276
premises has posted a sign in a conspicuous location on that land	277
or on those premises that prohibits persons from carrying firearms	278
or concealed firearms on or onto that land or those premises.	279

(b) The offender saw or should have seen the posted sign.

280

(c) The offender possesses a firearm or concealed firearm in	281
violation of the posted prohibition.	282

(B) It is no defense to a charge under this section that the	283
land or premises involved was owned, controlled, or in custody of	284
a public agency.	285

(C) It is no defense to a charge under this section that the	286
offender was authorized to enter or remain on the land or premises	287
involved, when such authorization was secured by deception.	288

(D) Whoever violates this section is guilty of criminal	289
trespass,. A violation of division (A)(1), (2), (3), or (4) of	290
this section is a misdemeanor of the fourth degree. A violation of	291
division (A)(5) of this section is a misdemeanor of the first	292
degree.	293

(E) As used in this section, "land or premises" includes any	294
land, building, structure, or place belonging to, controlled by,	295
or in custody of another, and any separate enclosure or room, or	296
portion thereof.	297

Sec. 2913.02.  (A) No person, with purpose to deprive the	298
owner of property or services, shall knowingly obtain or exert	299
control over either the property or services in any of the	300
following ways:	301

(1) Without the consent of the owner or person authorized to	302
give consent;	303

(2) Beyond the scope of the express or implied consent of the	304
owner or person authorized to give consent;	305

(3) By deception;

306

(4) By threat;

307

(5) By intimidation.

308

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

309

(2) Except as otherwise provided in this division or division	310
(B)(3), (4), (5), or (6) of this section, a violation of this	311
section is petty theft, a misdemeanor of the first degree. If the	312
value of the property or services stolen is five hundred dollars	313
or more and is less than five thousand dollars or if the property	314
stolen is any of the property listed in section 2913.71 of the	315
Revised Code, a violation of this section is theft, a felony of	316
the fifth degree. If the value of the property or services stolen	317
is five thousand dollars or more and is less than one hundred	318
thousand dollars, a violation of this section is grand theft, a	319
felony of the fourth degree. If the value of the property or	320
services stolen is one hundred thousand dollars or more, a	321
violation of this section is aggravated theft, a felony of the	322
third degree.	323

(3) Except as otherwise provided in division (B)(4), (5), or	324
(6) of this section, if the victim of the offense is an elderly	325
person or disabled adult, a violation of this section is theft	326
from an elderly person or disabled adult, and division (B)(3) of	327
this section applies. Except as otherwise provided in this	328
division, theft from an elderly person or disabled adult is a	329
felony of the fifth degree. If the value of the property or	330
services stolen is five hundred dollars or more and is less than	331
five thousand dollars, theft from an elderly person or disabled	332
adult is a felony of the fourth degree. If the value of the	333
property or services stolen is five thousand dollars or more and	334
is less than twenty-five thousand dollars, theft from an elderly	335
person or disabled adult is a felony of the third degree. If the	336
value of the property or services stolen is twenty-five thousand	337
dollars or more, theft from an elderly person or disabled adult is	338
a felony of the second degree.	339

(4) If the property stolen is a firearm or dangerous	340
ordnance, a violation of this section is grand theft, a felony of	341
the fourththird degree, and there is a presumption in favor of	342
the court imposing a prison term for the offense. The offender	343
shall serve the prison term consecutively to any other prison term	344
or mandatory prison term previously or subsequently imposed upon	345
the offender.	346

(5) If the property stolen is a motor vehicle, a violation of	347
this section is grand theft of a motor vehicle, a felony of the	348
fourth degree.	349

(6) If the property stolen is any dangerous drug, a violation	350
of this section is theft of drugs, a felony of the fourth degree,	351
or, if the offender previously has been convicted of a felony drug	352
abuse offense, a felony of the third degree.	353

Sec. 2921.13.  (A) No person shall knowingly make a false	354
statement, or knowingly swear or affirm the truth of a false	355
statement previously made, when any of the following applies:	356

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

357

(2) The statement is made with purpose to incriminate	358
another.	359

(3) The statement is made with purpose to mislead a public	360
official in performing the public official's official function.	361

(4) The statement is made with purpose to secure the payment	362
of unemployment compensation; Ohio works first; prevention,	363
retention, and contingency benefits and services; disability	364
assistance; retirement benefits; economic development assistance,	365
as defined in section 9.66 of the Revised Code; or other benefits	366
administered by a governmental agency or paid out of a public	367
treasury.	368

(5) The statement is made with purpose to secure the issuance	369
by a governmental agency of a license, permit, authorization,	370
certificate, registration, release, or provider agreement.	371

(6) The statement is sworn or affirmed before a notary public	372
or another person empowered to administer oaths.	373

(7) The statement is in writing on or in connection with a	374
report or return that is required or authorized by law.	375

(8) The statement is in writing and is made with purpose to	376
induce another to extend credit to or employ the offender, to	377
confer any degree, diploma, certificate of attainment, award of	378
excellence, or honor on the offender, or to extend to or bestow	379
upon the offender any other valuable benefit or distinction, when	380
the person to whom the statement is directed relies upon it to	381
that person's detriment.	382

(9) The statement is made with purpose to commit or	383
facilitate the commission of a theft offense.	384

(10) The statement is knowingly made to a probate court in	385
connection with any action, proceeding, or other matter within its	386
jurisdiction, either orally or in a written document, including,	387
but not limited to, an application, petition, complaint, or other	388
pleading, or an inventory, account, or report.	389

(11) The statement is made on an account, form, record,	390
stamp, label, or other writing that is required by law.	391

(12) The statement is made in connection with the purchase of	392
a firearm, as defined in section 2923.11 of the Revised Code, and	393
in conjunction with the furnishing to the seller of the firearm of	394
a fictitious or altered driver's or commercial driver's license or	395
permit, a fictitious or altered identification card, or any other	396
document that contains false information about the purchaser's	397
identity.	398

(13) The statement is made in a document or instrument of	399
writing that purports to be a judgment, lien, or claim of	400
indebtedness and is filed or recorded with the secretary of state,	401
a county recorder, or the clerk of a court of record.	402

(14) The statement is made in an application filed with a	403
county sheriff pursuant to section 2923.125 of the Revised Code in	404
order to obtain or renew a license to carry a concealed handgun.	405

(B) No person, in connection with the purchase of a firearm,	406
as defined in section 2923.11 of the Revised Code, shall knowingly	407
furnish to the seller of the firearm a fictitious or altered	408
driver's or commercial driver's license or permit, a fictitious or	409
altered identification card, or any other document that contains	410
false information about the purchaser's identity.	411

(C) No person, in an attempt to obtain a license to carry a	412
concealed handgun under section 2923.125 of the Revised Code,	413
shall knowingly present to a sheriff a fictitious or altered	414
document that purports to be certification of the person's	415
competence in handling a handgun as described in division (B)(3)	416
of section 2923.125 of the Revised Code.	417

(D) It is no defense to a charge under division (A)(4)(6) of	418
this section that the oath or affirmation was administered or	419
taken in an irregular manner.	420

(D)(E) If contradictory statements relating to the same fact	421
are made by the offender within the period of the statute of	422
limitations for falsification, it is not necessary for the	423
prosecution to prove which statement was false but only that one	424
or the other was false.	425

(E)(F)(1) Whoever violates division (A)(1), (2), (3), (4),	426
(5), (6), (7), (8), (10), (11), or (13) of this section is guilty	427
of falsification, a misdemeanor of the first degree.	428

(2) Whoever violates division (A)(9) of this section is	429
guilty of falsification in a theft offense. Except as otherwise	430
provided in this division, falsification in a theft offense is a	431
misdemeanor of the first degree. If the value of the property or	432
services stolen is five hundred dollars or more and is less than	433
five thousand dollars, falsification in a theft offense is a	434
felony of the fifth degree. If the value of the property or	435
services stolen is five thousand dollars or more and is less than	436
one hundred thousand dollars, falsification in a theft offense is	437
a felony of the fourth degree. If the value of the property or	438
services stolen is one hundred thousand dollars or more,	439
falsification in a theft offense is a felony of the third degree.	440

(3) Whoever violates division (A)(12) or (B) of this section	441
is guilty of falsification to purchase a firearm, a felony of the	442
fifth degree.	443

(F)(4) Whoever violates division (A)(14) or (C) of this	444
section is guilty of falsification to obtain a concealed handgun	445
license, a felony of the fourth degree.	446

(G) A person who violates this section is liable in a civil	447
action to any person harmed by the violation for injury, death, or	448
loss to person or property incurred as a result of the commission	449
of the offense and for reasonable attorney's fees, court costs,	450
and other expenses incurred as a result of prosecuting the civil	451
action commenced under this division. A civil action under this	452
division is not the exclusive remedy of a person who incurs	453
injury, death, or loss to person or property as a result of a	454
violation of this section.	455

Sec. 2923.12.  (A) No person shall knowingly carry or have,	456
concealed on his or herthe person's person or concealed ready at	457
hand, any of the following:	458

(1) A deadly weapon orother than a handgun;

459

(2) A handgun other than a dangerous ordnance;

460

(3) A dangerous ordnance.

461

(B)(1) This section does not apply to officers, agents, or	462
employees of this or any other state or the United States, or to	463
law enforcement officers, authorized to carry concealed weapons or	464
dangerous ordnance, and acting within the scope of their duties.	465

(2) Division (A)(2) of this section does not apply to any of	466
the following:	467

(a) An officer, agent, or employee of this or any other state	468
or the United States, or a law enforcement officer, who is	469
authorized to carry a handgun, or a corrections officer who has	470
successfully completed a basic firearms training program approved	471
by the Ohio peace officer training commission and who is	472
authorized to carry a handgun;	473

(b) A person who, at the time of the alleged carrying or	474
possession of a handgun, is carrying a valid license to carry a	475
concealed handgun issued to the person under section 2923.125 of	476
the Revised Code, unless the person knowingly is in a place	477
described in division (B) of section 2923.126 of the Revised Code;	478

(c) A person who carries or has a handgun in a motor vehicle	479
if, at the time of the act, all of the following apply:	480

(i) The person did not place the handgun in the motor	481
vehicle.	482

(ii) The person does not carry or have the handgun on the	483
person's person.	484

(iii) The handgun is owned by a licensee for whom a valid	485
license to carry a concealed handgun has been issued under section	486
2923.125 of the Revised Code.	487

(C) It is an affirmative defense to a charge under this	488
section of carrying or having control of a weapon other than	489
dangerous ordnance, that the actor was not otherwise prohibited by	490
law from having the weapon, and that any of the following apply	491
applies:	492

(1) The weapon was carried or kept ready at hand by the actor	493
for defensive purposes, while the actor was engaged in or was	494
going to or from the actor's lawful business or occupation, which	495
business or occupation was of sucha character or was necessarily	496
carried on in sucha manner or at such a time or place as to	497
render the actor particularly susceptible to criminal attack, such	498
as would justify a prudent person in going armed.	499

(2) The weapon was carried or kept ready at hand by the actor	500
for defensive purposes, while the actor was engaged in a lawful	501
activity and had reasonable cause to fear a criminal attack upon	502
the actor or, a member of the actor's family, or upon the actor's	503
home, such as would justify a prudent person in going armed.	504

(3) The weapon was carried or kept ready at hand by the actor	505
for any lawful purpose and while in the actor's own home.	506

(4) The weapon was being transported in a motor vehicle for	507
any lawful purpose, and was not on the actor's person, and, if the	508
weapon was a firearm, was carried in compliance with the	509
applicable requirements of division (C) of section 2923.16 of the	510
Revised Code.	511

(5) The actor, at the time of the alleged carrying or	512
possession of a handgun, would have met all of the requirements	513
for a license to carry a concealed handgun under division (D)(1)	514
of section 2923.125 of the Revised Code if the actor had submitted	515
an application for a license to carry a concealed handgun at the	516
time the actor carried a concealed handgun. An affirmative defense	517
under this division does not apply to a person who knowingly was	518
in a place described in division (B) of section 2923.126 of the	519
Revised Code at the time of the alleged carrying or possession of	520
a concealed handgun.	521

(D)(1) The fact that a person who is prosecuted for a	522
violation of this section is found to have carried or possessed a	523
concealed weapon under an affirmative defense authorized in	524
division (C)(1), (2), or (5) of this section shall not be used in	525
a subsequent prosecution of the person for a violation of this	526
section or section 1547.69, 2923.121, 2923.122, 2923.123, or	527
2923.16 of the Revised Code.	528

(2) No person who is charged with a violation of this section	529
shall be required to obtain a license to carry a concealed handgun	530
under section 2923.125 of the Revised Code as a condition for the	531
dismissal of the charge.	532

(E)(1) Whoever violates this section is guilty of carrying	533
concealed weapons, a misdemeanor of the first degree. If the	534
offender previously has been convicted of a violation of this	535
section or of any offense of violence, if the weapon involved is a	536
firearm that is either loaded or for which the offender has	537
ammunition ready at hand, or if the weapon involved is dangerous	538
ordnance, carrying concealed weapons is a felony of the fourth	539
degree. If the weapon involved is a firearm and the violation of	540
this section is committed at premises for which a D permit has	541
been issued under Chapter 4303. of the Revised Code or if the	542
offense is committed aboard an aircraft, or with purpose to carry	543
a concealed weapon aboard an aircraft, regardless of the weapon	544
involved.Except as otherwise provided in division (E)(2), (3), or	545
(4) of this section, carrying concealed weapons is a felony	546
misdemeanor of the thirdfirst degree.	547

(2)Carrying concealed weapons is a misdemeanor of the third	548
degree if all of the following apply:	549

(a) The weapon involved is a handgun.

550

(b) At the time of the commission of the offense, the	551
offender would have met the requirements for a license to carry a	552
concealed handgun under divisions (D)(1)(b) to (i) of section	553
2923.125 of the Revised Code if the offender had submitted an	554
application for a license to carry a concealed handgun at the time	555
the offender carried a concealed handgun but would not have met	556
the requirement for a license to carry a concealed handgun under	557
division (D)(1)(a) or (j) of section 2923.125 of the Revised Code.	558

(c) At the time of the commission of the offense, the person	559
was not knowingly in a place described in division (B) of section	560
2923.126 of the Revised Code.	561

(3) Carrying concealed weapons is a felony of the fourth	562
degree if any of the following apply:	563

(a) The offender previously has been convicted of any offense	564
of violence.	565

(b) The weapon involved is a firearm, other than a handgun,	566
that is either loaded or for which the offender has ammunition	567
ready at hand.	568

(c) The weapon involved is dangerous ordnance.

569

(4) Carrying concealed weapons is a felony of the third	570
degree if any of the following apply:	571

(a) The weapon involved is a handgun, and, at the time of the	572
commission of the offense, the offender would not have met one or	573
more of the requirements to be eligible for a license to carry a	574
concealed handgun under divisions (D)(1)(b) to (i) of section	575
2923.125 of the Revised Code if the offender had submitted an	576
application for a license to carry a concealed handgun at the time	577
the offender carried a concealed handgun and did not meet the	578
requirement to be eligible for a license to carry a concealed	579
handgun under division (D)(1)(a) or (j) of section 2923.125 of the	580
Revised Code.	581

(b) The weapon involved is a handgun, and the offender either	582
used the handgun in the commission of an offense of violence or	583
knowingly carried the handgun for the purpose of committing an	584
offense of violence.	585

(c) The weapon involved is a firearm, and the violation is	586
committed at premises for which a D permit has been issued under	587
Chapter 4303. of the Revised Code.	588

(d)(i) The offense is committed aboard an aircraft or with	589
purpose to carry a concealed weapon aboard an aircraft regardless	590
of the weapon involved.	591

(ii) Division (E)(4)(d)(i) of this section does not apply if	592
federal law does not prohibit possessing or carrying the involved	593
weapon aboard the aircraft involved and if either the offender	594
owns the aircraft or the offender does not own the aircraft but	595
has received consent to carry a concealed weapon on the aircraft	596
by the owner of the aircraft or by the person authorized to give	597
consent.	598

Sec. 2923.121.  (A) No person shall possess a firearm in any	599
room in which liquor is being dispensed in premises for which a D	600
permit has been issued under Chapter 4303. of the Revised Code or	601
in an open air arena for which a license of that nature has been	602
issued.	603

(B)(1) This section does not apply to officers, agents, or	604
employees of this or any other state or the United States, or to	605
law enforcement officers, authorized to carry firearms, and acting	606
within the scope of their dutiesor to a corrections officer who	607
has successfully completed a basic firearms training program	608
approved by the Ohio peace officer training commission and who is	609
authorized to carry a firearm, unless the officer, agent,	610
employee, law enforcement officer, or corrections officer is in	611
violation of section 2923.15 of the Revised Code.	612

(2) This section does not apply to any room used for the	613
accommodation of guests of a hotel, as defined in section 4301.01	614
of the Revised Code.	615

(3) This section does not prohibit any person who is a member	616
of a veteran's organization, as defined in section 2915.01 of the	617
Revised Code, from possessing a rifle in any room in any premises	618
owned, leased, or otherwise under the control of the veteran's	619
organization, if the rifle is not loaded with live ammunition and	620
if the person otherwise is not prohibited by law from having the	621
rifle.	622

(4) This section does not apply to any person possessing or	623
displaying firearms in any room used to exhibit unloaded firearms	624
for sale or trade in a soldiers' memorial established pursuant to	625
Chapter 345. of the Revised Code, in a convention center, or in	626
any other public meeting place, if the person is an exhibitor,	627
trader, purchaser, or seller of firearms and is not otherwise	628
prohibited by law from possessing, trading, purchasing, or selling	629
the firearms.	630

(5) This section does not apply to the holder of the D permit	631
issued under Chapter 4303. of the Revised Code if the holder is	632
carrying a valid license to carry a concealed handgun issued to	633
the holder under section 2923.125 of the Revised Code. This	634
section also does not apply to an employee of the holder of the D	635
permit who is authorized by the holder of the D permit to carry a	636
handgun in the room or open air arena in which liquor is being	637
dispensed and who is carrying a valid license to carry a concealed	638
handgun issued to the employee under section 2923.125 of the	639
Revised Code.	640

(C) It is an affirmative defense to a charge under this	641
section of illegal possession of a firearm in liquor permit	642
premises, that the actor was not otherwise prohibited by law from	643
having the firearm, and that any of the following apply:	644

(1) The firearm was carried or kept ready at hand by the	645
actor for defensive purposes, while the actor was engaged in or	646
was going to or from the actor's lawful business or occupation,	647
which business or occupation was of such character or was	648
necessarily carried on in such manner or at such a time or place	649
as to render the actor particularly susceptible to criminal	650
attack, such as would justify a prudent person in going armed.	651

(2) The firearm was carried or kept ready at hand by the	652
actor for defensive purposes, while the actor was engaged in a	653
lawful activity, and had reasonable cause to fear a criminal	654
attack upon the actor or a member of the actor's family, or upon	655
the actor's home, such as would justify a prudent person in going	656
armed.	657

(3) The affirmative defense authorized in division (C)(5) of	658
section 2923.12 of the Revised Code applies with respect to the	659
possession of the firearm. An affirmative defense under this	660
division does not apply to a person who knowingly was in a place	661
described in division (B) of section 2923.126 of the Revised Code	662
at the time of the alleged possession of the handgun.	663

(D)(1) The fact that a person who is prosecuted for a	664
violation of this section is found to have possessed a firearm	665
under an affirmative defense authorized in division (C)(1), (2),	666
or (3) of this section shall not be used in a subsequent	667
prosecution of the person for a violation of this section or	668
section 1547.69, 2923.12, 2923.122, 2923.123, or 2923.16 of the	669
Revised Code.	670

(2) No person who is charged with a violation of this section	671
shall be required to obtain a license to carry a concealed handgun	672
under section 2923.125 of the Revised Code as a condition for the	673
dismissal of the charge.	674

(E) Whoever violates this section is guilty of illegal	675
possession of a firearm in liquor permit premises, a felony of the	676
fifth degree.	677

Sec. 2923.123.  (A) No person shall knowingly convey or	678
attempt to convey a deadly weapon or dangerous ordnance into a	679
courthouse or into another building or structure in which a	680
courtroom is located.	681

(B) No person shall knowingly possess or have under the	682
person's control a deadly weapon or dangerous ordnance in a	683
courthouse or in another building or structure in which a	684
courtroom is located.	685

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

686

(1) A judge of a court of record of this state or a	687
magistrate, unless a rule of superintendence or another type of	688
rule adopted by the supreme court pursuant to Article IV, Ohio	689
Constitution, or an applicable local rule of court prohibits all	690
persons from conveying or attempting to convey a deadly weapon or	691
dangerous ordnance into a courthouse or into another building or	692
structure in which a courtroom is located or from possessing or	693
having under one's control a deadly weapon or dangerous ordnance	694
in a courthouse or in another building or structure in which a	695
courtroom is located;	696

(2) A peace officer, or an officer of a law enforcement	697
agency of another state, a political subdivision of another state,	698
or the United States, who is authorized to carry a deadly weapon	699
or dangerous ordnance, who possesses or has under that	700
individual's control a deadly weapon or dangerous ordnance as a	701
requirement of that individual's duties, and who is acting within	702
the scope of that individual's duties at the time of that	703
possession or control, unless a rule of superintendence or another	704
type of rule adopted by the supreme court pursuant to Article IV,	705
Ohio Constitution, or an applicable local rule of court prohibits	706
all persons from conveying or attempting to convey a deadly weapon	707
or dangerous ordnance into a courthouse or into another building	708
or structure in which a courtroom is located or from possessing or	709
having under one's control a deadly weapon or dangerous ordnance	710
in a courthouse or in another building or structure in which a	711
courtroom is located;	712

(3) A person who conveys, attempts to convey, possesses, or	713
has under the person's control a deadly weapon or dangerous	714
ordnance that is to be used as evidence in a pending criminal or	715
civil action or proceeding;	716

(4) A bailiff or deputy bailiff of a court of record of this	717
state who is authorized to carry a firearm pursuant to section	718
109.77 of the Revised Code, who possesses or has under that	719
individual's control a firearm as a requirement of that	720
individual's duties, and who is acting within the scope of that	721
individual's duties at the time of that possession or control,	722
unless a rule of superintendence or another type of rule adopted	723
by the supreme court pursuant to Article IV, Ohio Constitution, or	724
an applicable local rule of court prohibits all persons from	725
conveying or attempting to convey a deadly weapon or dangerous	726
ordnance into a courthouse or into another building or structure	727
in which a courtroom is located or from possessing or having under	728
one's control a deadly weapon or dangerous ordnance in a	729
courthouse or in another building or structure in which a	730
courtroom is located;	731

(5) A prosecutor, or a secret service officer appointed by a	732
county prosecuting attorney, who is authorized to carry a deadly	733
weapon or dangerous ordnance in the performance of the	734
individual's duties, who possesses or has under that individual's	735
control a deadly weapon or dangerous ordnance as a requirement of	736
that individual's duties, and who is acting within the scope of	737
that individual's duties at the time of that possession or	738
control, unless a rule of superintendence or another type of rule	739
adopted by the supreme court pursuant to Article IV of the Ohio	740
Constitution or an applicable local rule of court prohibits all	741
persons from conveying or attempting to convey a deadly weapon or	742
dangerous ordnance into a courthouse or into another building or	743
structure in which a courtroom is located or from possessing or	744
having under one's control a deadly weapon or dangerous ordnance	745
in a courthouse or in another building or structure in which a	746
courtroom is located;	747

(6) A person who conveys or attempts to convey a handgun into	748
a courthouse or into another building or structure in which a	749
courtroom is located, who, at the time of the conveyance or	750
attempt, is carrying a valid license to carry a concealed handgun	751
issued to the person under section 2923.125 of the Revised Code,	752
and who transfers possession of the handgun to the officer or	753
officer's designee who has charge of the courthouse or building.	754
The officer shall secure the handgun until the licensee is	755
prepared to leave the premises. The exemption described in this	756
division does not apply if a rule of superintendence or another	757
type of rule adopted by the supreme court pursuant to Article IV,	758
Ohio Constitution, or if an applicable local rule of court	759
prohibits all persons from conveying or attempting to convey a	760
deadly weapon or dangerous ordnance into a courthouse or into	761
another building or structure in which a courtroom is located or	762
from possessing or having under one's control a deadly weapon or	763
dangerous ordnance in a courthouse or in another building or	764
structure in which a courtroom is located.	765

(D)(1) Whoever violates division (A) of this section is	766
guilty of illegal conveyance of a deadly weapon or dangerous	767
ordnance into a courthouse. Except as otherwise provided in this	768
division, illegal conveyance of a deadly weapon or dangerous	769
ordnance into a courthouse is a felony of the fifth degree. If the	770
offender previously has been convicted of a violation of division	771
(A) or (B) of this section, illegal conveyance of a deadly weapon	772
or dangerous ordnance into a courthouse is a felony of the fourth	773
degree.	774

(2) Whoever violates division (B) of this section is guilty	775
of illegal possession or control of a deadly weapon or dangerous	776
ordnance in a courthouse. Except as otherwise provided in this	777
division, illegal possession or control of a deadly weapon or	778
dangerous ordnance in a courthouse is a felony of the fifth	779
degree. If the offender previously has been convicted of a	780
violation of division (A) or (B) of this section, illegal	781
possession or control of a deadly weapon or dangerous ordnance in	782
a courthouse is a felony of the fourth degree.	783

(E) As used in this section:

784

(1) "Magistrate" means an individual who is appointed by a	785
court of record of this state and who has the powers and may	786
perform the functions specified in Civil Rule 53, Criminal Rule	787
19, or Juvenile Rule 40.	788

(2) "Peace officer" and "prosecutor" have the same meanings	789
as in section 2935.01 of the Revised Code.	790

Sec. 2923.124. As used in sections 2923.124 to 2923.1212 of	791
the Revised Code:	792

(A) "Application form" means the application form prescribed	793
pursuant to division (A)(1) of section 109.731 of the Revised Code	794
and includes a copy of that form.	795

(B) "Competency certification" and "competency certificate"	796
mean a document of the type described in division (B)(3) of	797
section 2923.125 of the Revised Code.	798

(C) "Detention facility" has the same meaning as in section	799
2921.01 of the Revised Code.	800

(D) "Licensee" means a person to whom a license to carry a	801
concealed handgun has been issued under section 2923.125 of the	802
Revised Code.	803

(E) "License fee" or "license renewal fee" means the fee for	804
a license to carry a concealed handgun or the fee to renew that	805
license that is prescribed pursuant to division (C) of section	806
109.731 of the Revised Code and that is to be paid by an applicant	807
for a license of that type.	808

(F) "Peace officer" has the same meaning as in section	809
2935.01 of the Revised Code.	810

(G) "State correctional institution" has the same meaning as	811
in section 2967.01 of the Revised Code.	812

(H) "Valid license" means a license to carry a concealed	813
handgun that has been issued under section 2923.125 of the Revised	814
Code, that is currently valid, that is not under a suspension	815
under division (A)(1) of section 2923.128 of the Revised Code, and	816
that has not been revoked under division (B)(1) of section	817
2923.128 of the Revised Code.	818

Sec. 2923.125.  (A) Upon the request of a person who wishes	819
to obtain a license to carry a concealed handgun or to renew a	820
license to carry a concealed handgun, a sheriff shall provide to	821
the person free of charge an application form and a copy of the	822
pamphlet described in division (B) of section 109.731 of the	823
Revised Code.	824

(B) An applicant for a license to carry a concealed handgun	825
shall submit a completed application form and all of the following	826
to the sheriff of the county in which the applicant resides or to	827
the sheriff of any county adjacent to the county in which the	828
applicant resides:	829

(1) A nonrefundable license fee prescribed by the Ohio peace	830
officer training commission pursuant to division (C) of section	831
109.731 of the Revised Code, except that the sheriff shall waive	832
the payment of the license fee in connection with an initial or	833
renewal application for a license that is submitted by an	834
applicant who is a retired peace officer, a retired person	835
described in division (B)(1)(b) of section 109.77 of the Revised	836
Code, a retired federal law enforcement officer who, prior to	837
retirement, was authorized under federal law to carry a firearm in	838
the course of duty, or a retired corrections officer who, prior to	839
retirement, had successfully completed a basic firearms training	840
program approved by the Ohio peace officer training commission and	841
who was authorized to carry a firearm in the course of duty,	842
unless the retired peace officer, person, federal law enforcement	843
officer, or corrections officer retired as the result of a mental	844
disability;	845

(2) A color photograph of the applicant that was taken within	846
thirty days prior to the date of the application;	847

(3) Unless the applicant is a retired peace officer, federal	848
law enforcement officer, or corrections officer described in	849
division (B)(1) of this section or a retired person described in	850
division (B)(1)(b) of section 109.77 of the Revised Code and	851
division (B)(1) of this section, one or more of the following	852
competency certifications, each of which shall reflect that within	853
the three years immediately preceding the application the	854
applicant has performed that to which the competency certification	855
relates:	856

(a) An original or photocopy of a certificate of completion	857
of a firearms safety, training, or requalification or firearms	858
safety instructor course, class, or program that was offered by or	859
under the auspices of the national rifle association and that	860
complies with the requirements set forth in division (G) of this	861
section;	862

(b) An original or photocopy of a certificate of completion	863
of a firearms safety, training, or requalification or firearms	864
safety instructor course, class, or program that was open to	865
members of the general public, that utilized qualified instructors	866
who were certified by the national rifle association, the	867
executive director of the Ohio peace officer training commission	868
pursuant to section 109.75 or 109.78 of the Revised Code, or a	869
governmental official or entity of another state, that was offered	870
by or under the auspices of a law enforcement agency of this or	871
another state or the United States, a public or private college,	872
university, or other similar postsecondary educational institution	873
located in this or another state, a firearms training school	874
located in this or another state, or another type of public or	875
private entity or organization located in this or another state,	876
and that complies with the requirements set forth in division (G)	877
of this section;	878

(c) An original or photocopy of a certificate of completion	879
of a state, county, municipal, or department of natural resources	880
peace officer training school that is approved by the executive	881
director of the Ohio peace officer training commission pursuant to	882
section 109.75 of the Revised Code and that complies with the	883
requirements set forth in division (G) of this section, or the	884
applicant has satisfactorily completed and been issued a	885
certificate of completion of a basic firearms training program, a	886
firearms requalification training program, or another basic	887
training program described in section 109.78 or 109.801 of the	888
Revised Code that complies with the requirements set forth in	889
division (G) of this section;	890

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

891

(i) That the applicant is an active or reserve member of the	892
armed forces of the United States or was honorably discharged from	893
military service in the active or reserve armed forces of the	894
United States;	895

(ii) That, through participation in the military service	896
described in division (B)(3)(d)(i) of this section, the applicant	897
acquired experience with handling handguns or other firearms, and	898
the experience so acquired was equivalent to training that the	899
applicant could have acquired in a course, class, or program	900
described in division (B)(3)(a), (b), or (c) of this section.	901

(e) A certificate or another similar document that evidences	902
satisfactory completion of a firearms training, safety, or	903
requalification or firearms safety instructor course, class, or	904
program that is not otherwise described in division (B)(3)(a),	905
(b), (c), or (d) of this section, that was conducted by an	906
instructor who was certified by an official or entity of the	907
government of this or another state or the United States or by the	908
national rifle association, and that complies with the	909
requirements set forth in division (G) of this section;	910

(f) An affidavit that attests to the applicant's satisfactory	911
completion of a course, class, or program described in division	912
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	913
by the applicant's instructor or an authorized representative of	914
the entity that offered the course, class, or program or under	915
whose auspices the course, class, or program was offered;	916

(g) A valid license to carry a handgun in this state or in a	917
county or municipal corporation of this state, other than a	918
license issued under this section, that was or is issued prior to,	919
on, or after the effective date of this section and has not been	920
revoked for cause.	921

(4) If applicable, a certification of the type or a copy of	922
the court order described in division (D)(6) of this section.	923

(C) Upon receipt of an applicant's completed application	924
form, supporting documentation, and, if not waived, license fee, a	925
sheriff shall conduct or cause to be conducted the criminal	926
records check described in section 311.41 of the Revised Code.	927

(D)(1) Except as provided in division (D)(3), (4), or (5) of	928
this section, within forty-five days after receipt of an	929
applicant's completed application form for a license to carry a	930
concealed handgun, the supporting documentation, and, if not	931
waived, license fee, a sheriff shall issue to the applicant a	932
license to carry a concealed handgun that shall expire four years	933
after the date of issuance if all of the following apply:	934

(a) The applicant has been a resident of this state for at	935
least forty-five days and a resident of the county in which the	936
person seeks the license or a county adjacent to the county in	937
which the person seeks the license for at least thirty days.	938

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

939

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

940

(d) The applicant is not under indictment for or otherwise	941
charged with a felony; an offense under Chapter 2925., 3719., or	942
4729. of the Revised Code that involves the illegal possession,	943
use, sale, administration, or distribution of or trafficking in a	944
drug of abuse; a misdemeanor offense of violence; or a violation	945
of section 2903.14 or 2923.1211 of the Revised Code.	946

(e) The applicant has not been convicted of, pleaded guilty	947
to, or been adjudicated a delinquent child for an act that if	948
committed by an adult would be a felony; an offense under Chapter	949
2925., 3719., or 4729. of the Revised Code that involves the	950
illegal possession, use, sale, administration, or distribution of	951
or trafficking in a drug of abuse; or a violation of section	952
2903.13 of the Revised Code when the victim of the violation is a	953
peace officer, regardless of whether the applicant was sentenced	954
under division (C)(3) of that section.	955

(f) The applicant, within three years of the date of the	956
application, has not been convicted of, pleaded guilty to, or been	957
adjudicated a delinquent child for an act that if committed by an	958
adult would be a misdemeanor offense of violence other than a	959
misdemeanor violation of section 2921.33 of the Revised Code or a	960
violation of section 2903.13 of the Revised Code when the victim	961
of the violation is a peace officer, or a misdemeanor violation of	962
section 2923.1211 of the Revised Code.	963

(g) Except as otherwise provided in division (D)(1)(e) of	964
this section, the applicant, within five years of the date of the	965
application, has not been convicted of, pleaded guilty to, or been	966
adjudicated a delinquent child for committing two or more	967
violations of section 2903.13 or 2903.14 of the Revised Code.	968

(h) The applicant, within ten years of the date of the	969
application, has not been convicted of, pleaded guilty to, or been	970
adjudicated a delinquent child for violating section 2921.33 of	971
the Revised Code.	972

(i) Subject to division (D)(6) of this section, the applicant	973
is not currently under an adjudication of mental incompetence and	974
has not been involuntarily hospitalized or institutionalized	975
pursuant to a court order.	976

(j) The applicant is not currently subject to a temporary or	977
permanent protection order issued pursuant to section 2919.26 or	978
3113.31 of the Revised Code.	979

(k) The applicant certifies that the applicant desires a	980
legal means to carry a concealed handgun for defense of the	981
applicant or a member of the applicant's family while engaged in	982
lawful activity.	983

(l) The applicant submits a competency certification of the	984
type described in division (B)(3) of this section unless that	985
competency certification is not required.	986

(2) If a sheriff denies an application under this section	987
because the applicant does not satisfy the criteria described in	988
division (D)(1) of this section, the sheriff shall specify the	989
grounds for the denial in a written notice to the applicant and,	990
if applicable, shall comply with division (D)(4) of this section.	991

(3) If the sheriff with whom an application for a license to	992
carry a concealed handgun was filed becomes aware that the	993
applicant has been arrested for or otherwise charged with an	994
offense that would disqualify the applicant from holding the	995
license, the sheriff shall suspend the processing of the	996
application until the disposition of the case arising from the	997
arrest or charge.	998

(4)(a) If a sheriff determines that an applicant for a	999
license under this section does not meet the criteria described in	1000
division (D)(1) of this section for reasons other than the	1001
criminal records check conducted under section 311.41 of the	1002
Revised Code, the sheriff shall file a petition in the court of	1003
common pleas of the sheriff's county that requests the court to	1004
review the applicant's application and supporting documentation	1005
and other relevant information that the sheriff submits and that	1006
was acquired in connection with the application and that requests	1007
the court to authorize the sheriff to deny the requested license.	1008
The sheriff shall serve the applicant with a copy of the petition	1009
in the manner prescribed in the Rules of Civil Procedure for the	1010
service of process regarding complaints. Upon the request of	1011
either the sheriff or the applicant, the court shall promptly hold	1012
a hearing on the petition prior to making a determination under	1013
division (D)(4)(b) of this section.	1014

(b) If the court determines that the sheriff who filed a	1015
petition under division (D)(4)(a) of this section established by	1016
clear and convincing evidence that the applicant does not satisfy	1017
the requirements described in division (D)(1) of this section for	1018
reasons other than the criminal records check, the court shall	1019
authorize the sheriff to deny the requested license. If the court	1020
determines that the sheriff has not sustained that burden of	1021
proof, it shall order the sheriff to issue the requested license	1022
and to pay any reasonable attorney's fees incurred by the	1023
applicant under division (D)(4) of this section.	1024

(5) If the sheriff determines the applicant is a resident of	1025
the county in which the applicant seeks the license or of an	1026
adjacent county but does not yet meet the residency requirements	1027
described in division (D)(1)(a) of this section, the sheriff shall	1028
not deny the license because of the residency requirements but	1029
shall not issue the license until the applicant meets those	1030
residency requirements.	1031

(6) A person who previously has been declared incompetent or	1032
involuntarily hospitalized or institutionalized pursuant to court	1033
order shall be eligible for a license to carry a concealed handgun	1034
under this section if the person submits either of the following:	1035

(a) A certification by a physician licensed pursuant to	1036
Chapter 4731. of the Revised Code whose primary practice is in the	1037
field of psychiatry that the condition that resulted in the	1038
applicant's involuntary hospitalization or institutionalization is	1039
in remission and is not reasonably likely to redevelop at a future	1040
time and that the applicant no longer represents a risk of	1041
physical harm to others;	1042

(b) A copy of the court order reversing or vacating the court	1043
order adjudicating the person to be mentally incompetent or the	1044
order under which the applicant had been involuntarily	1045
hospitalized or institutionalized.	1046

(E) If a license to carry a concealed handgun issued under	1047
this section is lost or is destroyed, the licensee may obtain from	1048
the sheriff who issued that license a duplicate license upon the	1049
payment of a fee of fifteen dollars and the submission of an	1050
affidavit attesting to the loss or destruction of the license.	1051

(F) A licensee who wishes to renew a license to carry a	1052
concealed handgun shall do so within thirty days after the	1053
expiration date of the license by filing with the sheriff of the	1054
county in which the applicant resides or with the sheriff of an	1055
adjacent county an application for renewal of the license obtained	1056
pursuant to division (D) of this section, a new color photograph	1057
of the licensee that was taken within thirty days prior to the	1058
date of the renewal application, and a nonrefundable license	1059
renewal fee unless the fee is waived. The licensee is not required	1060
to submit a new competency certificate.	1061

Upon receipt of a completed renewal application, color	1062
photograph, and license renewal fee unless the fee is waived, a	1063
sheriff shall conduct or cause to be conducted the criminal	1064
records check described in section 311.41 of the Revised Code. The	1065
sheriff shall renew the license if the sheriff determines that the	1066
applicant continues to satisfy the requirements described in	1067
division (D)(1) of this section. A renewed license shall expire	1068
four years after the date of issuance and is subject to division	1069
(E) of this section and sections 2923.126 and 2923.128 of the	1070
Revised Code. A sheriff shall comply with divisions (D)(2) to (5)	1071
of this section when the circumstances described in those	1072
divisions apply to a requested license renewal.	1073

(G)(1) Each course, class, or program described in division	1074
(B)(3)(a), (b), (c), or (e) of this section shall include at least	1075
twelve hours of training in the safe handling and use of a firearm	1076
that shall include all of the following:	1077

(a) The ability to name, explain, and demonstrate the rules	1078
for safe handling of a handgun;	1079

(b) The ability to demonstrate and explain how to handle	1080
ammunition in a safe manner;	1081

(c) The ability to demonstrate the knowledge, skills, and	1082
attitude necessary to shoot a handgun in a safe manner;	1083

(d) Range time, live fire training, and gun handling training	1084
from the two-handed and one-handed standing and shooting	1085
positions.	1086

(2) To satisfactorily complete the course, class, or program	1087
described in division (B)(3)(a), (b), (c), or (e) of this section,	1088
the applicant shall pass a competency examination that shall	1089
include both of the following:	1090

(a) A written section on the ability to name and explain the	1091
rules for the safe handling of a handgun and proper storage	1092
practices for handguns and ammunition;	1093

(b) A physical demonstration of competence in the use of a	1094
handgun and in the rules for safe handling and storage of a	1095
handgun and a physical demonstration of the attitude necessary to	1096
shoot a handgun in a safe manner.	1097

(3) The competency certification described in division	1098
(B)(3)(a), (b), (c), or (e) of this section shall attest that the	1099
course, class, or program the applicant successfully completed met	1100
the requirements described in division (G)(1) of this section.	1101

Sec. 2923.126.  (A) A license to carry a concealed handgun	1102
that is issued under section 2923.125 of the Revised Code shall	1103
expire four years after the date of issuance. A licensee shall be	1104
granted a grace period of thirty days after the licensee's license	1105
expires during which the licensee's license remains valid. Except	1106
as provided in divisions (B) and (C) of this section, the licensee	1107
may carry a concealed handgun anywhere in this state if the	1108
licensee also carries a valid license and valid identification	1109
when the licensee is in actual possession of a concealed handgun.	1110
The licensee shall give notice of any change in the licensee's	1111
residence address to the sheriff who issued the license within	1112
forty-five days after that change. If a law enforcement officer	1113
approaches a licensee and if the licensee is carrying a concealed	1114
handgun at the time the officer approaches the licensee, the	1115
licensee shall promptly inform the officer that the licensee has	1116
been issued a license to carry a concealed handgun and that the	1117
licensee currently is carrying a concealed handgun.	1118

(B) A valid license does not authorize the licensee to carry	1119
a concealed handgun into any of the following places:	1120

(1) The secured area of a police station, sheriff's office,	1121
or state highway patrol station, premises controlled by the bureau	1122
of criminal identification and investigation, a state correctional	1123
institution, jail, workhouse, or other detention facility, an	1124
airport passenger terminal, or an institution that is maintained,	1125
operated, managed, and governed pursuant to division (A) of	1126
section 5119.02 of the Revised Code or division (A)(1) of section	1127
5123.03 of the Revised Code;	1128

(2) A school safety zone, in violation of section 2923.122 of	1129
the Revised Code;	1130

(3) A courthouse or another building or structure in which a	1131
courtroom is located, in violation of section 2923.123 of the	1132
Revised Code;	1133

(4) Any room in which liquor is being dispensed in premises	1134
for which a D permit has been issued under Chapter 4303. of the	1135
Revised Code, in violation of section 2923.121 of the Revised	1136
Code;	1137

(5) The premises of any public or private college,	1138
university, or other institution of higher education, unless the	1139
handgun is in a locked motor vehicle or the licensee is in the	1140
immediate process of placing the handgun in a locked motor	1141
vehicle;	1142

(6) Any church, synagogue, mosque, or other place of worship,	1143
unless the church, synagogue, mosque, or other place of worship	1144
posts or permits otherwise;	1145

(7) A place in which federal law prohibits the carrying of	1146
handguns.	1147

(C)(1) Nothing in this section shall negate or restrict a	1148
rule, policy, or practice of a private employer that is not a	1149
private college, university, or other institution of higher	1150
education concerning or prohibiting the presence of firearms on	1151
the private employer's premises or property, including motor	1152
vehicles owned by the private employer, except that a licensee may	1153
keep a handgun in a locked motor vehicle. Nothing in this section	1154
shall require a private employer of that nature to adopt a rule,	1155
policy, or practice concerning or prohibiting the presence of	1156
firearms on the private employer's premises or property, including	1157
motor vehicles owned by the private employer.	1158

(2) A private employer shall be immune from liability in a	1159
civil action for any injury, death, or loss to person or property	1160
that allegedly was caused by or related to a licensee bringing a	1161
handgun onto the premises or property of the private employer,	1162
including motor vehicles owned by the private employer, unless the	1163
private employer acted with malicious purpose. As used in this	1164
division, "private employer" includes a private college,	1165
university, or other institution of higher education.	1166

(3) The owner or person in control of private land or	1167
premises, and a private person or entity leasing land or premises	1168
owned by the state, the United States, or a political subdivision	1169
of the state or the United States, may post a sign in a	1170
conspicuous location on that land or on those premises prohibiting	1171
persons from carrying firearms or concealed firearms on or onto	1172
that land or those premises. A person who knowingly violates a	1173
posted prohibition of that nature is guilty of criminal trespass	1174
in violation of division (A)(5) of section 2911.21 of the Revised	1175
Code and is guilty of a misdemeanor of the first degree.	1176

(D) A person who holds a license to carry a concealed handgun	1177
that was issued pursuant to the law of another state has the same	1178
right to carry a concealed handgun in this state as a person who	1179
was issued a license to carry a concealed handgun under section	1180
2923.125 of the Revised Code and is subject to the same	1181
restrictions that apply to a person who carries a license issued	1182
under that section.	1183

Sec. 2923.127. (A) If a sheriff denies an application for a	1184
license to carry a concealed handgun or denies the renewal of a	1185
license to carry a concealed handgun as a result of the criminal	1186
records check conducted pursuant to section 311.41 of the Revised	1187
Code and if the applicant believes the denial was based on	1188
incorrect information reported by the source the sheriff used in	1189
conducting the criminal records check, the applicant may file a	1190
written request with the source requesting the source to conduct	1191
another criminal records check with respect to the applicant, to	1192
correct all erroneous information in the source's records that	1193
relates to the applicant and that may be relevant to the	1194
applicant's eligibility for a license to carry a concealed	1195
handgun, and to transmit the corrected information to the sheriff.	1196

If the source fails to perform those functions within	1197
fourteen days or denies the applicant's request, the applicant may	1198
file in the court of common pleas of the applicant's county of	1199
residence a complaint that requests the court to order the source	1200
to perform those functions. The court shall order the source to	1201
perform the requested functions if the applicant establishes by	1202
clear and convincing evidence all of the following:	1203

(1) The source's records contain erroneous information that	1204
relates to the applicant and that may be relevant to a sheriff's	1205
determination as to the applicant's eligibility for a license.	1206

(2) The erroneous information should be corrected.

1207

(3) The source's records as so corrected contain, and the	1208
criminal records check otherwise contained, no information that	1209
may be relevant to a sheriff's determination as to the applicant's	1210
eligibility for a license.	1211

(B) If a court enters an order of the type described in	1212
division (A) of this section, within twenty days after the source	1213
transmits corrected information to the sheriff who denied the	1214
issuance or renewal of the license, the destruction of records	1215
provisions of divisions (B) and (C) of section 311.41 of the	1216
Revised Code shall apply to the chief operating officer of the	1217
source or an employee of the source designated by that officer.	1218

Sec. 2923.128. (A)(1) If a licensee holding a valid license	1219
is arrested for or otherwise charged with an offense described in	1220
division (D)(1)(d) of section 2923.125 of the Revised Code or with	1221
a violation of section 2923.15 of the Revised Code or becomes	1222
subject to a temporary protection order issued pursuant to section	1223
2919.26 or 3113.31 of the Revised Code, the sheriff who issued the	1224
license shall suspend it and shall comply with division (A)(3) of	1225
this section upon becoming aware of the arrest, charge, or	1226
temporary protection order.	1227

(2) A suspension under division (A)(1) of this section shall	1228
be considered as beginning on the date that the licensee is	1229
arrested for or otherwise charged with an offense described in	1230
that division or on the date the appropriate court issued the	1231
temporary protection order described in that division,	1232
irrespective of when the sheriff notifies the licensee under	1233
division (A)(3) of this section. The suspension shall end on the	1234
date on which the charges are dismissed or the licensee is found	1235
not guilty of the offense described in division (A)(1) of this	1236
section or, subject to division (B) of this section, on the date	1237
the appropriate court terminates the temporary protection order	1238
described in that division. If the suspension so ends, the sheriff	1239
shall return the license to the licensee.	1240

(3) Upon becoming aware of an arrest, charge, or temporary	1241
protection order described in division (A)(1) of this section with	1242
respect to a licensee, the sheriff who issued the licensee's	1243
license to carry a concealed handgun shall notify the licensee, by	1244
certified mail, return receipt requested, at the licensee's last	1245
known residence address that the license has been suspended and	1246
that the licensee is required to surrender the license at the	1247
sheriff's office within ten days of the date on which the notice	1248
was mailed.	1249

(B)(1) A sheriff who issues a license to carry a concealed	1250
handgun to a licensee shall revoke the license in accordance with	1251
division (B)(2) of this section upon becoming aware that the	1252
licensee satisfies any of the following:	1253

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

1254

(b) At the time of the issuance of the license, the licensee	1255
did not satisfy the eligibility requirements of division	1256
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	1257
Revised Code.	1258

(c) On or after the date on which the license was issued, the	1259
licensee is convicted of or pleads guilty to a violation of	1260
section 2923.15 of the Revised Code or an offense described in	1261
division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the	1262
Revised Code.	1263

(d) On or after the date on which the license was issued, the	1264
licensee becomes subject to a permanent protection order issued	1265
pursuant to section 3113.31 of the Revised Code.	1266

(e) The licensee knowingly carries a concealed handgun into a	1267
place that the licensee knows is an unauthorized place specified	1268
in division (B) of section 2923.126 of the Revised Code.	1269

(f) On or after the date on which the license was issued, the	1270
licensee is adjudicated to be mentally incompetent or has been	1271
involuntarily institutionalized pursuant to a court order.	1272

(g) At the time of the issuance of the license, the licensee	1273
did not meet the residency requirements described in division	1274
(D)(1) of section 2923.125 of the Revised Code and currently does	1275
not meet the residency requirements described in that division.	1276

(h) The competency certificate the licensee submitted was	1277
forged or otherwise was fraudulent.	1278

(2) Upon becoming aware of any circumstance listed in	1279
division (B)(1) of this section that applies to a particular	1280
licensee, the sheriff who issued the license to carry a concealed	1281
handgun to the licensee shall notify the licensee, by certified	1282
mail, return receipt requested, at the licensee's last known	1283
residence address that the license is subject to revocation and	1284
that the licensee may come to the sheriff's office and contest the	1285
sheriff's proposed revocation within fourteen days of the date on	1286
which the notice was mailed. After the fourteen-day period and	1287
after consideration of any information that the licensee provides	1288
during that period, if the sheriff determines on the basis of the	1289
information of which the sheriff is aware that the licensee is	1290
described in division (B)(1) of this section and no longer	1291
satisfies the requirements described in division (D)(1) of section	1292
2923.125 of the Revised Code, the sheriff shall revoke the	1293
license, notify the licensee of that fact, and require the	1294
licensee to surrender the license.	1295

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1296
bureau of criminal identification and investigation, the employees	1297
of the bureau, the Ohio peace officer training commission, or the	1298
employees of the commission make a good faith effort in performing	1299
the duties imposed upon the sheriff, the superintendent, the	1300
bureau's employees, the commission, or the commission's employees	1301
by sections 109.731, 311.41, and 2923.124 to 2923.1212 of the	1302
Revised Code, in addition to the personal immunity provided by	1303
section 9.86 of the Revised Code or division (A)(6) of section	1304
2744.03 of the Revised Code and the governmental immunity of	1305
sections 2744.02 and 2744.03 of the Revised Code and in addition	1306
to any other immunity possessed by the bureau, the commission, and	1307
their employees, the sheriff, the sheriff's office, the county in	1308
which the sheriff has jurisdiction, the bureau, the superintendent	1309
of the bureau, the bureau's employees, the commission, and the	1310
commission's employees are immune from liability in a civil action	1311
for injury, death, or loss to person or property that allegedly	1312
was caused by or related to any of the following:	1313

(a) The issuance, renewal, suspension, or revocation of a	1314
license to carry a concealed handgun;	1315

(b) The failure to issue, renew, suspend, or revoke a license	1316
to carry a concealed handgun;	1317

(c) Any action or misconduct with a handgun committed by a	1318
licensee.	1319

(2) Any action of a sheriff relating to the issuance,	1320
renewal, suspension, or revocation of a license to carry a	1321
concealed handgun shall be considered to be a governmental	1322
function for purposes of Chapter 2744. of the Revised Code.	1323

(3) An entity that or instructor who provides a competency	1324
certification of a type described in division (B)(3) of section	1325
2923.125 of the Revised Code is immune from civil liability that	1326
might otherwise be incurred or imposed for any death or any injury	1327
or loss to person or property that is caused by or related to a	1328
person to whom the entity or instructor has issued the competency	1329
certificate if all of the following apply:	1330

(a) The alleged liability of the entity or instructor relates	1331
to the training provided in the course, class, or program covered	1332
by the competency certificate.	1333

(b) The entity or instructor makes a good faith effort in	1334
determining whether the person has satisfactorily completed the	1335
course, class, or program.	1336

(c) The entity or instructor did not issue the competency	1337
certificate with malicious purpose, in bad faith, or in a wanton	1338
or reckless manner.	1339

(4) A law enforcement agency that employs a peace officer is	1340
immune from liability in a civil action to recover damages for	1341
injury, death, or loss to person or property allegedly caused by	1342
any act of that peace officer if the act occurred while the peace	1343
officer carried a concealed handgun and was off duty and if the	1344
act allegedly involved the peace officer's use of the concealed	1345
handgun. Sections 9.86 and 9.87 of the Revised Code apply to any	1346
civil action involving a peace officer's use of a concealed	1347
handgun in the performance of the peace officer's duties while the	1348
peace officer is off duty.	1349

(B) Notwithstanding section 149.43 of the Revised Code, the	1350
records that a sheriff keeps relative to the issuance, renewal,	1351
suspension, or revocation of a license to carry a concealed	1352
handgun, including, but not limited to, completed applications for	1353
the issuance or renewal of a license, reports of criminal records	1354
checks under section 311.41 of the Revised Code, and applicants'	1355
social security numbers and fingerprints that are obtained under	1356
divisions (A)(1) and (2) of section 311.41 of the Revised Code,	1357
are confidential and are not public records. No person shall	1358
release or otherwise disseminate records that are confidential	1359
under this division unless required to do so pursuant to a court	1360
order.	1361

(C) Each sheriff shall report to the Ohio peace officer	1362
training commission the number of licenses to carry a concealed	1363
handgun that the sheriff issued, renewed, suspended, revoked, or	1364
denied during the previous quarter of the calendar year and the	1365
number of applications for those licenses that were suspended in	1366
accordance with division (D)(3) of section 2923.125 of the Revised	1367
Code during the previous quarter of the calendar year. The sheriff	1368
shall not include in the report the name or any other identifying	1369
information of an applicant or licensee. The sheriff shall report	1370
that information in a manner that permits the commission to	1371
maintain the statistics described in division (D) of section	1372
109.731 of the Revised Code and to timely prepare the statistical	1373
report described in that division. This information is	1374
confidential and is not a public record. No person shall release	1375
or otherwise disseminate records that are confidential under this	1376
division unless required to do so pursuant to a court order.	1377

(D) Whoever violates division (B) or (C) of this section is	1378
guilty of illegal release of confidential concealed handgun	1379
license records, a felony of the fifth degree.	1380

Sec. 2923.1210.  The application for a license to carry a	1381
concealed handgun or for the renewal of a license of that nature	1382
that is to be used under section 2923.125 of the Revised Code	1383
shall conform substantially to the following form:	1384

SECTION II.

1389

Name:

1390

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

1393

Residence:

1394

Mailing Address (If Different From Above):

1397

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

1402

SECTION IV.

1416

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	1417
SUBMITS A FALSE DOCUMENT WITH THE APPLICATION MAY BE PROSECUTED	1418
FOR FALSIFICATION TO OBTAIN A CONCEALED HANDGUN LICENSE, A FELONY	1419
OF THE FIFTH DEGREE, IN VIOLATION OF SECTION 2921.13 OF THE OHIO	1420
REVISED CODE.	1421

(1) I have been furnished the text of the Ohio firearms laws, and	1422
I am knowledgeable of their provisions.	1423

(2) I desire a legal means to carry a concealed handgun for	1424
defense of myself or a member of my family while engaged in	1425
lawful activity.	1426

(3) I have never been convicted of or pleaded guilty to a crime of	1427
violence in the state of Ohio or elsewhere. I am of sound	1428
mind. I hereby certify that the statements contained herein	1429
are true and correct to the best of my knowledge and belief.	1430
I understand that if        I        knowingly make any false statements	1431
herein        I        am subject to penalties prescribed by law. I	1432
authorize the sheriff or the sheriff's designee to inspect	1433
only those records or documents relevant to information	1434
required for this application.	1435

(4) The information contained in this application and all attached	1436
documents are true and correct to the best of my knowledge.	1437

Sec. 2923.1211.  (A) No person shall alter a license to carry	1441
a concealed handgun that was issued pursuant to section 2923.125	1442
of the Revised Code or create a fictitious document that purports	1443
to be a license of that nature.	1444

(B) No person, except in the performance of official duties,	1445
shall possess a concealed handgun license that was issued and that	1446
has been revoked or suspended pursuant to section 2923.128 of the	1447
Revised Code.	1448

(C) Whoever violates division (A) of this section is guilty	1449
of falsification of a concealed handgun license, a felony of the	1450
fifth degree. Whoever violates division (B) of this section is	1451
guilty of possessing a revoked or suspended concealed handgun	1452
license, a misdemeanor of the third degree.	1453

Sec. 2923.1212.  (A) The following persons, boards, and	1454
entities, or designees, shall post in the following locations a	1455
sign that contains a statement in substantially the following	1456
form: "Unless otherwise authorized by law, pursuant to the Ohio	1457
Revised Code, no person shall knowingly possess, have under the	1458
person's control, convey, or attempt to convey a deadly weapon or	1459
dangerous ordnance onto these premises.":	1460

(1) The director of public safety or the person or board	1461
charged with the erection, maintenance, or repair of police	1462
stations, municipal jails, and the municipal courthouse and	1463
courtrooms in a conspicuous location at all police stations,	1464
municipal jails, and municipal courthouses and courtrooms;	1465

(2) The sheriff or sheriff's designee who has charge of the	1466
sheriff's office in a conspicuous location in that office;	1467

(3) The superintendent of the state highway patrol or the	1468
superintendent's designee in a conspicuous location at all state	1469
highway patrol stations;	1470

(4) Each sheriff, chief of police, or person in charge of	1471
every county, multicounty, municipal, municipal-county, or	1472
multicounty-municipal jail or workhouse, community-based	1473
correctional facility, halfway house, alternative residential	1474
facility, or other local or state correctional institution or	1475
detention facility within the state, or that person's designee, in	1476
a conspicuous location at that facility under that person's	1477
charge;	1478

(5) The board of trustees of a regional airport authority,	1479
chief administrative officer of an airport facility, or other	1480
person in charge of an airport facility in a conspicuous location	1481
at each airport facility under that person's control;	1482

(6) The officer or officer's designee who has charge of a	1483
courthouse or the building or structure in which a courtroom is	1484
located in a conspicuous location in that building or structure;	1485

(7) The superintendent of the bureau of criminal	1486
identification and investigation or the superintendent's designee	1487
in a conspicuous location in all premises controlled by that	1488
bureau.	1489

(B) The following boards, bodies, and persons, or designees,	1490
shall post in the following locations a sign that contains a	1491
statement in substantially the following form: "Unless otherwise	1492
authorized by law, pursuant to Ohio Revised Code section 2923.122,	1493
no person shall knowingly possess, have under the person's	1494
control, convey, or attempt to convey a deadly weapon or dangerous	1495
ordnance into a school safety zone.":	1496

(1) A board of education of a city, local, exempted village,	1497
or joint vocational school district or that board's designee in a	1498
conspicuous location in each building and on each parcel of real	1499
property owned or controlled by the board;	1500

(2) A governing body of a school for which the state board of	1501
education prescribes minimum standards under section 3301.07 of	1502
the Revised Code or that body's designee in a conspicuous location	1503
in each building and on each parcel of real property owned or	1504
controlled by the school;	1505

(3) The principal or chief administrative officer of a	1506
nonpublic school in a conspicuous location on property owned or	1507
controlled by that nonpublic school.	1508

Sec. 2923.16.  (A) No person shall knowingly discharge a	1509
firearm while in or on a motor vehicle.	1510

(B) No person shall knowingly transport or have a loaded	1511
firearm in a motor vehicle in such a manner that the firearm is	1512
accessible to the operator or any passenger without leaving the	1513
vehicle.	1514

(C) No person shall knowingly transport or have a firearm in	1515
a motor vehicle, unless it is unloaded and is carried in one of	1516
the following ways:	1517

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

1518

(2) In a compartment that can be reached only by leaving the	1519
vehicle;	1520

(3) In plain sight and secured in a rack or holder made for	1521
the purpose;	1522

(4) In plain sight with the action open or the weapon	1523
stripped, or, if the firearm is of a type on which the action will	1524
not stay open or which cannot easily be stripped, in plain sight.	1525

(D)(1) This section does not apply to officers, agents, or	1526
employees of this or any other state or the United States, or to	1527
law enforcement officers, when authorized to carry or have loaded	1528
or accessible firearms in motor vehicles and acting within the	1529
scope of their duties.	1530

(2) Division (A) of this section does not apply to a person	1531
if all of the following circumstances apply:	1532

(a) The person discharges a firearm from a motor vehicle at a	1533
coyote or groundhog, the discharge is not during the deer gun	1534
hunting season as set by the chief of the division of wildlife of	1535
the department of natural resources, and the discharge at the	1536
coyote or groundhog, but for the operation of this section, is	1537
lawful.	1538

(b) The motor vehicle from which the person discharges the	1539
firearm is on real property that is located in an unincorporated	1540
area of a township and that either is zoned for agriculture or is	1541
used for agriculture.	1542

(c) The person owns the real property described in division	1543
(D)(2)(b) of this section, is the spouse or a child of another	1544
person who owns that real property, is a tenant of another person	1545
who owns that real property, or is the spouse or a child of a	1546
tenant of another person who owns that real property.	1547

(d) The person does not discharge the firearm in any of the	1548
following manners:	1549

(i) While under the influence of alcohol, a drug of abuse, or	1550
alcohol and a drug of abuse;	1551

(ii) In the direction of a street, highway, or other public	1552
or private property used by the public for vehicular traffic or	1553
parking;	1554

(iii) At or into an occupied structure that is a permanent or	1555
temporary habitation;	1556

(iv) In the commission of any violation of law, including,	1557
but not limited to, a felony that includes, as an essential	1558
element, purposely or knowingly causing or attempting to cause the	1559
death of or physical harm to another and that was committed by	1560
discharging a firearm from a motor vehicle.	1561

(3) Divisions (B) and (C) of this section do not apply to a	1562
person if all of the following circumstances apply:	1563

(a) At the time of the alleged violation of either of those	1564
divisions, the person is the operator of or a passenger in a motor	1565
vehicle.	1566

(b) The motor vehicle is on real property that is located in	1567
an unincorporated area of a township and that either is zoned for	1568
agriculture or is used for agriculture.	1569

(c) The person owns the real property described in division	1570
(D)(3)(b) of this section, is the spouse or a child of another	1571
person who owns that real property, is a tenant of another person	1572
who owns that real property, or is the spouse or a child of a	1573
tenant of another person who owns that real property.	1574

(d) The person, prior to arriving at the real property	1575
described in division (D)(3)(b) of this section, did not transport	1576
or possess a firearm in the motor vehicle in a manner prohibited	1577
by division (B) or (C) of this section while the motor vehicle was	1578
being operated on a street, highway, or other public or private	1579
property used by the public for vehicular traffic or parking.	1580

(4) Divisions (B) and (C) of this section do not apply to a	1581
person who transports or possesses a handgun in a motor vehicle	1582
and who, at the time of that transportation or possession, is	1583
carrying a valid license to carry a concealed handgun issued to	1584
the person under section 2923.125 of the Revised Code, unless the	1585
person knowingly is in a place described in division (B) of	1586
section 2923.126 of the Revised Code.	1587

(5) Divisions (B) and (C) of this section do not apply to a	1588
person who transports a handgun in a motor vehicle if, at the time	1589
of the transportation, all of the following apply:	1590

(a) The person did not place the handgun in the motor	1591
vehicle.	1592

(b) The person does not possess the handgun on the person's	1593
person.	1594

(c) The handgun is owned by a licensee for whom a valid	1595
license to carry a concealed handgun has been issued under section	1596
2923.125 of the Revised Code.	1597

(E)(1) The affirmative defenses containedauthorized in	1598
divisions (C)(1) and, (2),and(5) of section 2923.12 of the	1599
Revised Code are affirmative defenses to a charge under division	1600
(B) or (C) of this section.	1601

(2) It is an affirmative defense to a charge under division	1602
(A) of this section that the offender discharged the firearm in	1603
self-defense.	1604

(3)(a) The fact that a person who is prosecuted for a	1605
violation of division (B) or (C) of this section is found to have	1606
possessed a firearm under an affirmative defense authorized in	1607
division (E)(1) of this section shall not be used in a subsequent	1608
prosecution of the person for a violation of this section or	1609
section 1547.69, 2923.12, 2923.121, 2923.122, or 2923.123 of the	1610
Revised Code.	1611

(b) No person who is charged with a violation of division (B)	1612
or (C) of this section shall be required to obtain a license to	1613
carry a concealed handgun under section 2923.125 of the Revised	1614
Code as a condition for the dismissal of the charge.	1615

(F) Whoever violates this section is guilty of improperly	1616
handling firearms in a motor vehicle. Violation of division (A) or	1617
(B) of this section is a misdemeanor of the first degree.	1618
Violation of division (C) of this section is a misdemeanor of the	1619
fourth degree.	1620

(G) As used in this section:

1621

(1) "Motor vehicle," "street," and "highway" have the same	1622
meanings as in section 4511.01 of the Revised Code.	1623

(2) "Occupied structure" has the same meaning as in section	1624
2909.01 of the Revised Code.	1625

(3) "Agriculture" has the same meaning as in section 519.01	1626
of the Revised Code.	1627

(4) "Tenant" has the same meaning as in section 1531.01 of	1628
the Revised Code.	1629

(5) "Unloaded" means, with respect to a firearm employing a	1630
percussion cap, flintlock, or other obsolete ignition system, when	1631
the weapon is uncapped or when the priming charge is removed from	1632
the pan.	1633

Sec. 2929.14.  (A) Except as provided in division (C),	1634
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	1635
in relation to an offense for which a sentence of death or life	1636
imprisonment is to be imposed, if the court imposing a sentence	1637
upon an offender for a felony elects or is required to impose a	1638
prison term on the offender pursuant to this chapter and is not	1639
prohibited by division (G)(1) of section 2929.13 of the Revised	1640
Code from imposing a prison term on the offender, the court shall	1641
impose a definite prison term that shall be one of the following:	1642

(1) For a felony of the first degree, the prison term shall	1643
be three, four, five, six, seven, eight, nine, or ten years.	1644

(2) For a felony of the second degree, the prison term shall	1645
be two, three, four, five, six, seven, or eight years.	1646

(3) For a felony of the third degree, the prison term shall	1647
be one, two, three, four, or five years.	1648

(4) For a felony of the fourth degree, the prison term shall	1649
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1650
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1651

(5) For a felony of the fifth degree, the prison term shall	1652
be six, seven, eight, nine, ten, eleven, or twelve months.	1653

(B) Except as provided in division (C), (D)(1), (D)(2),	1654
(D)(3), or (G) of this section, in section 2907.02 of the Revised	1655
Code, or in Chapter 2925. of the Revised Code, if the court	1656
imposing a sentence upon an offender for a felony elects or is	1657
required to impose a prison term on the offender, the court shall	1658
impose the shortest prison term authorized for the offense	1659
pursuant to division (A) of this section, unless one or more of	1660
the following applies:	1661

(1) The offender was serving a prison term at the time of the	1662
offense, or the offender previously had served a prison term.	1663

(2) The court finds on the record that the shortest prison	1664
term will demean the seriousness of the offender's conduct or will	1665
not adequately protect the public from future crime by the	1666
offender or others.	1667

(C) Except as provided in division (G) of this section or in	1668
Chapter 2925. of the Revised Code, the court imposing a sentence	1669
upon an offender for a felony may impose the longest prison term	1670
authorized for the offense pursuant to division (A) of this	1671
section only upon offenders who committed the worst forms of the	1672
offense, upon offenders who pose the greatest likelihood of	1673
committing future crimes, upon certain major drug offenders under	1674
division (D)(3) of this section, and upon certain repeat violent	1675
offenders in accordance with division (D)(2) of this section.	1676

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1677
section, if an offender who is convicted of or pleads guilty to a	1678
felony also is convicted of or pleads guilty to a specification of	1679
the type described in section 2941.141, 2941.144, or 2941.145 of	1680
the Revised Code, the court shall impose on the offender one of	1681
the following prison terms:	1682

(i) A prison term of six years if the specification is of the	1683
type described in section 2941.144 of the Revised Code that	1684
charges the offender with having a firearm that is an automatic	1685
firearm or that was equipped with a firearm muffler or silencer on	1686
or about the offender's person or under the offender's control	1687
while committing the felony;	1688

(ii) A prison term of three years if the specification is of	1689
the type described in section 2941.145 of the Revised Code that	1690
charges the offender with having a firearm on or about the	1691
offender's person or under the offender's control while committing	1692
the offense and displaying the firearm, brandishing the firearm,	1693
indicating that the offender possessed the firearm, or using it to	1694
facilitate the offense;	1695

(iii) A prison term of one year if the specification is of	1696
the type described in section 2941.141 of the Revised Code that	1697
charges the offender with having a firearm on or about the	1698
offender's person or under the offender's control while committing	1699
the felony.	1700

(b) If a court imposes a prison term on an offender under	1701
division (D)(1)(a) of this section, the prison term shall not be	1702
reduced pursuant to section 2929.20, section 2967.193, or any	1703
other provision of Chapter 2967. or Chapter 5120. of the Revised	1704
Code. A court shall not impose more than one prison term on an	1705
offender under division (D)(1)(a) of this section for felonies	1706
committed as part of the same act or transaction.	1707

(c) Except as provided in division (D)(1)(e) of this section,	1708
if an offender who is convicted of or pleads guilty to a violation	1709
of section 2923.161 of the Revised Code or to a felony that	1710
includes, as an essential element, purposely or knowingly causing	1711
or attempting to cause the death of or physical harm to another,	1712
also is convicted of or pleads guilty to a specification of the	1713
type described in section 2941.146 of the Revised Code that	1714
charges the offender with committing the offense by discharging a	1715
firearm from a motor vehicle other than a manufactured home, the	1716
court, after imposing a prison term on the offender for the	1717
violation of section 2923.161 of the Revised Code or for the other	1718
felony offense under division (A), (D)(2), or (D)(3) of this	1719
section, shall impose an additional prison term of five years upon	1720
the offender that shall not be reduced pursuant to section	1721
2929.20, section 2967.193, or any other provision of Chapter 2967.	1722
or Chapter 5120. of the Revised Code. A court shall not impose	1723
more than one additional prison term on an offender under division	1724
(D)(1)(c) of this section for felonies committed as part of the	1725
same act or transaction. If a court imposes an additional prison	1726
term on an offender under division (D)(1)(c) of this section	1727
relative to an offense, the court also shall impose a prison term	1728
under division (D)(1)(a) of this section relative to the same	1729
offense, provided the criteria specified in that division for	1730
imposing an additional prison term are satisfied relative to the	1731
offender and the offense.	1732

(d) If an offender who is convicted of or pleads guilty to an	1733
offense of violence that is a felony also is convicted of or	1734
pleads guilty to a specification of the type described in section	1735
2941.1411 of the Revised Code that charges the offender with	1736
wearing or carrying body armor while committing the felony offense	1737
of violence, the court shall impose on the offender a prison term	1738
of two years. The prison term so imposed shall not be reduced	1739
pursuant to section 2929.20, section 2967.193, or any other	1740
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1741
court shall not impose more than one prison term on an offender	1742
under division (D)(1)(d) of this section for felonies committed as	1743
part of the same act or transaction. If a court imposes an	1744
additional prison term under division (D)(1)(a) or (c) of this	1745
section, the court is not precluded from imposing an additional	1746
prison term under division (D)(1)(d) of this section.	1747

(e) The court shall not impose any of the prison terms	1748
described in division (D)(1)(a) of this section or any of the	1749
additional prison terms described in division (D)(1)(c) of this	1750
section upon an offender for a violation of section 2923.12 or	1751
2923.123 of the Revised Code. The court shall not impose any of	1752
the prison terms described in division (D)(1)(a) of this section	1753
or any of the additional prison terms described in division	1754
(D)(1)(c) of this section upon an offender for a violation of	1755
section 2923.13 of the Revised Code unless all of the following	1756
apply:	1757

(i) The offender previously has been convicted of aggravated	1758
murder, murder, or any felony of the first or second degree.	1759

(ii) Less than five years have passed since the offender was	1760
released from prison or post-release control, whichever is later,	1761
for the prior offense.	1762

(2)(a) If an offender who is convicted of or pleads guilty to	1763
a felony also is convicted of or pleads guilty to a specification	1764
of the type described in section 2941.149 of the Revised Code that	1765
the offender is a repeat violent offender, the court shall impose	1766
a prison term from the range of terms authorized for the offense	1767
under division (A) of this section that may be the longest term in	1768
the range and that shall not be reduced pursuant to section	1769
2929.20, section 2967.193, or any other provision of Chapter 2967.	1770
or Chapter 5120. of the Revised Code. If the court finds that the	1771
repeat violent offender, in committing the offense, caused any	1772
physical harm that carried a substantial risk of death to a person	1773
or that involved substantial permanent incapacity or substantial	1774
permanent disfigurement of a person, the court shall impose the	1775
longest prison term from the range of terms authorized for the	1776
offense under division (A) of this section.	1777

(b) If the court imposing a prison term on a repeat violent	1778
offender imposes the longest prison term from the range of terms	1779
authorized for the offense under division (A) of this section, the	1780
court may impose on the offender an additional definite prison	1781
term of one, two, three, four, five, six, seven, eight, nine, or	1782
ten years if the court finds that both of the following apply with	1783
respect to the prison terms imposed on the offender pursuant to	1784
division (D)(2)(a) of this section and, if applicable, divisions	1785
(D)(1) and (3) of this section:	1786

(i) The terms so imposed are inadequate to punish the	1787
offender and protect the public from future crime, because the	1788
applicable factors under section 2929.12 of the Revised Code	1789
indicating a greater likelihood of recidivism outweigh the	1790
applicable factors under that section indicating a lesser	1791
likelihood of recidivism.	1792

(ii) The terms so imposed are demeaning to the seriousness of	1793
the offense, because one or more of the factors under section	1794
2929.12 of the Revised Code indicating that the offender's conduct	1795
is more serious than conduct normally constituting the offense are	1796
present, and they outweigh the applicable factors under that	1797
section indicating that the offender's conduct is less serious	1798
than conduct normally constituting the offense.	1799

(3)(a) Except when an offender commits a violation of section	1800
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1801
the violation is life imprisonment or commits a violation of	1802
section 2903.02 of the Revised Code, if the offender commits a	1803
violation of section 2925.03 or 2925.11 of the Revised Code and	1804
that section classifies the offender as a major drug offender and	1805
requires the imposition of a ten-year prison term on the offender,	1806
if the offender commits a felony violation of section 2925.02,	1807
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1808
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1809
division (C) of section 4729.51, or division (J) of section	1810
4729.54 of the Revised Code that includes the sale, offer to sell,	1811
or possession of a schedule I or II controlled substance, with the	1812
exception of marihuana, and the court imposing sentence upon the	1813
offender finds that the offender is guilty of a specification of	1814
the type described in section 2941.1410 of the Revised Code	1815
charging that the offender is a major drug offender, if the court	1816
imposing sentence upon an offender for a felony finds that the	1817
offender is guilty of corrupt activity with the most serious	1818
offense in the pattern of corrupt activity being a felony of the	1819
first degree, or if the offender is guilty of an attempted	1820
violation of section 2907.02 of the Revised Code and, had the	1821
offender completed the violation of section 2907.02 of the Revised	1822
Code that was attempted, the offender would have been subject to a	1823
sentence of life imprisonment or life imprisonment without parole	1824
for the violation of section 2907.02 of the Revised Code, the	1825
court shall impose upon the offender for the felony violation a	1826
ten-year prison term that cannot be reduced pursuant to section	1827
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1828

(b) The court imposing a prison term on an offender under	1829
division (D)(3)(a) of this section may impose an additional prison	1830
term of one, two, three, four, five, six, seven, eight, nine, or	1831
ten years, if the court, with respect to the term imposed under	1832
division (D)(3)(a) of this section and, if applicable, divisions	1833
(D)(1) and (2) of this section, makes both of the findings set	1834
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1835

(4) If the offender is being sentenced for a third or fourth	1836
degree felony OMVI offense under division (G)(2) of section	1837
2929.13 of the Revised Code, the sentencing court shall impose	1838
upon the offender a mandatory prison term in accordance with that	1839
division. In addition to the mandatory prison term, the sentencing	1840
court may sentence the offender to an additional prison term of	1841
any duration specified in division (A)(3) of this section minus	1842
the sixty or one hundred twenty days imposed upon the offender as	1843
the mandatory prison term. The total of the additional prison term	1844
imposed under division (D)(4) of this section plus the sixty or	1845
one hundred twenty days imposed as the mandatory prison term shall	1846
equal one of the authorized prison terms specified in division	1847
(A)(3) of this section. If the court imposes an additional prison	1848
term under division (D)(4) of this section, the offender shall	1849
serve the additional prison term after the offender has served the	1850
mandatory prison term required for the offense. The court shall	1851
not sentence the offender to a community control sanction under	1852
section 2929.16 or 2929.17 of the Revised Code.	1853

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1854
mandatory prison term is imposed upon an offender pursuant to	1855
division (D)(1)(a) of this section for having a firearm on or	1856
about the offender's person or under the offender's control while	1857
committing a felony, if a mandatory prison term is imposed upon an	1858
offender pursuant to division (D)(1)(c) of this section for	1859
committing a felony specified in that division by discharging a	1860
firearm from a motor vehicle, or if both types of mandatory prison	1861
terms are imposed, the offender shall serve any mandatory prison	1862
term imposed under either division consecutively to any other	1863
mandatory prison term imposed under either division or under	1864
division (D)(1)(d) of this section, consecutively to and prior to	1865
any prison term imposed for the underlying felony pursuant to	1866
division (A), (D)(2), or (D)(3) of this section or any other	1867
section of the Revised Code, and consecutively to any other prison	1868
term or mandatory prison term previously or subsequently imposed	1869
upon the offender.	1870

(b) If a mandatory prison term is imposed upon an offender	1871
pursuant to division (D)(1)(d) of this section for wearing or	1872
carrying body armor while committing an offense of violence that	1873
is a felony, the offender shall serve the mandatory term so	1874
imposed consecutively to any other mandatory prison term imposed	1875
under that division or under division (D)(1)(a) or (c) of this	1876
section, consecutively to and prior to any prison term imposed for	1877
the underlying felony under division (A), (D)(2), or (D)(3) of	1878
this section or any other section of the Revised Code, and	1879
consecutively to any other prison term or mandatory prison term	1880
previously or subsequently imposed upon the offender.	1881

(2) If an offender who is an inmate in a jail, prison, or	1882
other residential detention facility violates section 2917.02,	1883
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1884
who is under detention at a detention facility commits a felony	1885
violation of section 2923.131 of the Revised Code, or if an	1886
offender who is an inmate in a jail, prison, or other residential	1887
detention facility or is under detention at a detention facility	1888
commits another felony while the offender is an escapee in	1889
violation of section 2921.34 of the Revised Code, any prison term	1890
imposed upon the offender for one of those violations shall be	1891
served by the offender consecutively to the prison term or term of	1892
imprisonment the offender was serving when the offender committed	1893
that offense and to any other prison term previously or	1894
subsequently imposed upon the offender.	1895

(3) If a prison term is imposed for a violation of division	1896
(B) of section 2911.01 of the Revised Code, a violation of	1897
division (A) of section 2913.02 of the Revised Code in which the	1898
stolen property is a firearm or dangerous ordnance, or if a prison	1899
term is imposed for a felony violation of division (B) of section	1900
2921.331 of the Revised Code, the offender shall serve that prison	1901
term consecutively to any other prison term or mandatory prison	1902
term previously or subsequently imposed upon the offender.	1903

(4) If multiple prison terms are imposed on an offender for	1904
convictions of multiple offenses, the court may require the	1905
offender to serve the prison terms consecutively if the court	1906
finds that the consecutive service is necessary to protect the	1907
public from future crime or to punish the offender and that	1908
consecutive sentences are not disproportionate to the seriousness	1909
of the offender's conduct and to the danger the offender poses to	1910
the public, and if the court also finds any of the following:	1911

(a) The offender committed one or more of the multiple	1912
offenses while the offender was awaiting trial or sentencing, was	1913
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1914
2929.18 of the Revised Code, or was under post-release control for	1915
a prior offense.	1916

(b) At least two of the multiple offenses were committed as	1917
part of one or more courses of conduct, and the harm caused by two	1918
or more of the multiple offenses so committed was so great or	1919
unusual that no single prison term for any of the offenses	1920
committed as part of any of the courses of conduct adequately	1921
reflects the seriousness of the offender's conduct.	1922

(c) The offender's history of criminal conduct demonstrates	1923
that consecutive sentences are necessary to protect the public	1924
from future crime by the offender.	1925

(5) When consecutive prison terms are imposed pursuant to	1926
division (E)(1), (2), (3), or (4) of this section, the term to be	1927
served is the aggregate of all of the terms so imposed.	1928

(F) If a court imposes a prison term of a type described in	1929
division (B) of section 2967.28 of the Revised Code, it shall	1930
include in the sentence a requirement that the offender be subject	1931
to a period of post-release control after the offender's release	1932
from imprisonment, in accordance with that division. If a court	1933
imposes a prison term of a type described in division (C) of that	1934
section, it shall include in the sentence a requirement that the	1935
offender be subject to a period of post-release control after the	1936
offender's release from imprisonment, in accordance with that	1937
division, if the parole board determines that a period of	1938
post-release control is necessary.	1939

(G) If a person is convicted of or pleads guilty to a	1940
sexually violent offense and also is convicted of or pleads guilty	1941
to a sexually violent predator specification that was included in	1942
the indictment, count in the indictment, or information charging	1943
that offense, the court shall impose sentence upon the offender in	1944
accordance with section 2971.03 of the Revised Code, and Chapter	1945
2971. of the Revised Code applies regarding the prison term or	1946
term of life imprisonment without parole imposed upon the offender	1947
and the service of that term of imprisonment.	1948

(H) If a person who has been convicted of or pleaded guilty	1949
to a felony is sentenced to a prison term or term of imprisonment	1950
under this section, sections 2929.02 to 2929.06 of the Revised	1951
Code, section 2971.03 of the Revised Code, or any other provision	1952
of law, section 5120.163 of the Revised Code applies regarding the	1953
person while the person is confined in a state correctional	1954
institution.	1955

(I) If an offender who is convicted of or pleads guilty to a	1956
felony that is an offense of violence also is convicted of or	1957
pleads guilty to a specification of the type described in section	1958
2941.142 of the Revised Code that charges the offender with having	1959
committed the felony while participating in a criminal gang, the	1960
court shall impose upon the offender an additional prison term of	1961
one, two, or three years.	1962

(J) If an offender who is convicted of or pleads guilty to	1963
aggravated murder, murder, or a felony of the first, second, or	1964
third degree that is an offense of violence also is convicted of	1965
or pleads guilty to a specification of the type described in	1966
section 2941.143 of the Revised Code that charges the offender	1967
with having committed the offense in a school safety zone or	1968
towards a person in a school safety zone, the court shall impose	1969
upon the offender an additional prison term of two years. The	1970
offender shall serve the additional two years consecutively to and	1971
prior to the prison term imposed for the underlying offense.	1972

(K) At the time of sentencing, the court may recommend the	1973
offender for placement in a program of shock incarceration under	1974
section 5120.031 of the Revised Code or for placement in an	1975
intensive program prison under section 5120.032 of the Revised	1976
Code, disapprove placement of the offender in a program of shock	1977
incarceration or an intensive program prison of that nature, or	1978
make no recommendation on placement of the offender. In no case	1979
shall the department of rehabilitation and correction place the	1980
offender in a program or prison of that nature unless the	1981
department determines as specified in section 5120.031 or 5120.032	1982
of the Revised Code, whichever is applicable, that the offender is	1983
eligible for the placement.	1984

If the court disapproves placement of the offender in a	1985
program or prison of that nature, the department of rehabilitation	1986
and correction shall not place the offender in any program of	1987
shock incarceration or intensive program prison.	1988

If the court recommends placement of the offender in a	1989
program of shock incarceration or in an intensive program prison,	1990
and if the offender is subsequently placed in the recommended	1991
program or prison, the department shall notify the court of the	1992
placement and shall include with the notice a brief description of	1993
the placement.	1994

If the court recommends placement of the offender in a	1995
program of shock incarceration or in an intensive program prison	1996
and the department does not subsequently place the offender in the	1997
recommended program or prison, the department shall send a notice	1998
to the court indicating why the offender was not placed in the	1999
recommended program or prison.	2000

If the court does not make a recommendation under this	2001
division with respect to an offender and if the department	2002
determines as specified in section 5120.031 or 5120.032 of the	2003
Revised Code, whichever is applicable, that the offender is	2004
eligible for placement in a program or prison of that nature, the	2005
department shall screen the offender and determine if there is an	2006
available program of shock incarceration or an intensive program	2007
prison for which the offender is suited. If there is an available	2008
program of shock incarceration or an intensive program prison for	2009
which the offender is suited, the department shall notify the	2010
court of the proposed placement of the offender as specified in	2011
section 5120.031 or 5120.032 of the Revised Code and shall include	2012
with the notice a brief description of the placement. The court	2013
shall have ten days from receipt of the notice to disapprove the	2014
placement.	2015

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	2016
of the Revised Code, a first offender may apply to the sentencing	2017
court if convicted in this state, or to a court of common pleas if	2018
convicted in another state or in a federal court, for the sealing	2019
of the conviction record. Application may be made at the	2020
expiration of three years after the offender's final discharge if	2021
convicted of a felony, or at the expiration of one year after the	2022
offender's final discharge if convicted of a misdemeanor.	2023

(2) Any person who has been arrested for any misdemeanor	2024
offense and who has effected a bail forfeiture may apply to the	2025
court in which the misdemeanor criminal case was pending when bail	2026
was forfeited for the sealing of the record of the case. Except as	2027
provided in section 2953.61 of the Revised Code, the application	2028
may be filed at any time after the expiration of one year from the	2029
date on which the bail forfeiture was entered upon the minutes of	2030
the court or the journal, whichever entry occurs first.	2031

(B) Upon the filing of an application under this section, the	2032
court shall set a date for a hearing and shall notify the	2033
prosecutor for the case of the hearing on the application. The	2034
prosecutor may object to the granting of the application by filing	2035
an objection with the court prior to the date set for the hearing.	2036
The prosecutor shall specify in the objection the reasons for	2037
believing a denial of the application is justified. The court	2038
shall direct its regular probation officer, a state probation	2039
officer, or the department of probation of the county in which the	2040
applicant resides to make inquiries and written reports as the	2041
court requires concerning the applicant.	2042

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

2043

(a) Determine whether the applicant is a first offender or	2044
whether the forfeiture of bail was agreed to by the applicant and	2045
the prosecutor in the case. If the applicant applies as a first	2046
offender pursuant to division (A)(1) of this section and has two	2047
or three convictions that result from the same indictment,	2048
information, or complaint, from the same plea of guilty, or from	2049
the same official proceeding, and result from related criminal	2050
acts that were committed within a three-month period but do not	2051
result from the same act or from offenses committed at the same	2052
time, in making its determination under this division, the court	2053
initially shall determine whether it is not in the public interest	2054
for the two or three convictions to be counted as one conviction.	2055
If the court determines that it is not in the public interest for	2056
the two or three convictions to be counted as one conviction, the	2057
court shall determine that the applicant is not a first offender;	2058
if the court does not make that determination, the court shall	2059
determine that the offender is a first offender.	2060

(b) Determine whether criminal proceedings are pending	2061
against the applicant;	2062

(c) If the applicant is a first offender who applies pursuant	2063
to division (A)(1) of this section, determine whether the	2064
applicant has been rehabilitated to the satisfaction of the court;	2065

(d) If the prosecutor has filed an objection in accordance	2066
with division (B) of this section, consider the reasons against	2067
granting the application specified by the prosecutor in the	2068
objection;	2069

(e) Weigh the interests of the applicant in having the	2070
records pertaining to the applicant's conviction sealed against	2071
the legitimate needs, if any, of the government to maintain those	2072
records.	2073

(2) If the court determines, after complying with division	2074
(C)(1) of this section, that the applicant is a first offender or	2075
the subject of a bail forfeiture, that no criminal proceeding is	2076
pending against the applicant, and that the interests of the	2077
applicant in having the records pertaining to the applicant's	2078
conviction or bail forfeiture sealed are not outweighed by any	2079
legitimate governmental needs to maintain those records, and that	2080
the rehabilitation of an applicant who is a first offender	2081
applying pursuant to division (A)(1) of this section has been	2082
attained to the satisfaction of the court, the court, except as	2083
provided in division (G) of this section, shall order all official	2084
records pertaining to the case sealed and, except as provided in	2085
division (F) of this section, all index references to the case	2086
deleted and, in the case of bail forfeitures, shall dismiss the	2087
charges in the case. The proceedings in the case shall be	2088
considered not to have occurred and the conviction or bail	2089
forfeiture of the person who is the subject of the proceedings	2090
shall be sealed, except that upon conviction of a subsequent	2091
offense, the sealed record of prior conviction or bail forfeiture	2092
may be considered by the court in determining the sentence or	2093
other appropriate disposition, including the relief provided for	2094
in sections 2953.31 to 2953.33 of the Revised Code.	2095

(3) Upon the filing of an application under this section, the	2096
applicant, unless indigent, shall pay a fee of fifty dollars. The	2097
court shall pay thirty dollars of the fee into the state treasury.	2098
It shall pay twenty dollars of the fee into the county general	2099
revenue fund if the sealed conviction or bail forfeiture was	2100
pursuant to a state statute, or into the general revenue fund of	2101
the municipal corporation involved if the sealed conviction or	2102
bail forfeiture was pursuant to a municipal ordinance.	2103

(D) Inspection of the sealed records included in the order	2104
may be made only by the following persons or for the following	2105
purposes:	2106

(1) By a law enforcement officer or prosecutor, or the	2107
assistants of either, to determine whether the nature and	2108
character of the offense with which a person is to be charged	2109
would be affected by virtue of the person's previously having been	2110
convicted of a crime;	2111

(2) By the parole or probation officer of the person who is	2112
the subject of the records, for the exclusive use of the officer	2113
in supervising the person while on parole or probation and in	2114
making inquiries and written reports as requested by the court or	2115
adult parole authority;	2116

(3) Upon application by the person who is the subject of the	2117
records, by the persons named in the application;	2118

(4) By a law enforcement officer who was involved in the	2119
case, for use in the officer's defense of a civil action arising	2120
out of the officer's involvement in that case;	2121

(5) By a prosecuting attorney or the prosecuting attorney's	2122
assistants to determine a defendant's eligibility to enter a	2123
pre-trial diversion program established pursuant to section	2124
2935.36 of the Revised Code;	2125

(6) By any law enforcement agency or any authorized employee	2126
of a law enforcement agency or by the department of rehabilitation	2127
and correction as part of a background investigation of a person	2128
who applies for employment with the agency as a law enforcement	2129
officer or with the department as a corrections officer;	2130

(7) By any law enforcement agency or any authorized employee	2131
of a law enforcement agency, for the purposes set forth in, and in	2132
the manner provided in, section 2953.321 of the Revised Code;	2133

(8) By the bureau of criminal identification and	2134
investigation or any authorized employee of the bureau for the	2135
purpose of providing information to a board or person pursuant to	2136
division (F) or (G) of section 109.57 of the Revised Code;	2137

(9) By the bureau of criminal identification and	2138
investigation or any authorized employee of the bureau for the	2139
purpose of performing a criminal history records check on a person	2140
to whom a certificate as prescribed in section 109.77 of the	2141
Revised Code is to be awarded;	2142

(10) By the bureau of criminal identification and	2143
investigation, an authorized employee of the bureau, a sheriff, or	2144
an authorized employee of the sheriff in connection with a	2145
criminal records check described in section 311.41 of the Revised	2146
Code.	2147

When the nature and character of the offense with which a	2148
person is to be charged would be affected by the information, it	2149
may be used for the purpose of charging the person with an	2150
offense.	2151

(E) In any criminal proceeding, proof of any otherwise	2152
admissible prior conviction may be introduced and proved,	2153
notwithstanding the fact that for any such prior conviction an	2154
order of sealing previously was issued pursuant to sections	2155
2953.31 to 2953.36 of the Revised Code.	2156

(F) The person or governmental agency, office, or department	2157
that maintains sealed records pertaining to convictions or bail	2158
forfeitures that have been sealed pursuant to this section may	2159
maintain a manual or computerized index to the sealed records. The	2160
index shall contain only the name of, and alphanumeric identifiers	2161
that relate to, the persons who are the subject of the sealed	2162
records, the word "sealed," and the name of the person, agency,	2163
office, or department that has custody of the sealed records, and	2164
shall not contain the name of the crime committed. The index shall	2165
be made available by the person who has custody of the sealed	2166
records only for the purposes set forth in divisions (C), (D), and	2167
(E) of this section.	2168

(G) Notwithstanding any provision of this section or section	2169
2953.33 of the Revised Code that requires otherwise, a board of	2170
education of a city, local, exempted village, or joint vocational	2171
school district that maintains records of an individual who has	2172
been permanently excluded under sections 3301.121 and 3313.662 of	2173
the Revised Code is permitted to maintain records regarding a	2174
conviction that was used as the basis for the individual's	2175
permanent exclusion, regardless of a court order to seal the	2176
record. An order issued under this section to seal the record of a	2177
conviction does not revoke the adjudication order of the	2178
superintendent of public instruction to permanently exclude the	2179
individual who is the subject of the sealing order. An order	2180
issued under this section to seal the record of a conviction of an	2181
individual may be presented to a district superintendent as	2182
evidence to support the contention that the superintendent should	2183
recommend that the permanent exclusion of the individual who is	2184
the subject of the sealing order be revoked. Except as otherwise	2185
authorized by this division and sections 3301.121 and 3313.662 of	2186
the Revised Code, any school employee in possession of or having	2187
access to the sealed conviction records of an individual that were	2188
the basis of a permanent exclusion of the individual is subject to	2189
section 2953.35 of the Revised Code.	2190

Sec. 4749.10.  (A) No class A, B, or C licensee and no	2191
registered employee of a class A, B, or C licensee shall carry a	2192
firearm, as defined in section 2923.11 of the Revised Code, in the	2193
course of engaging in the business of private investigation, the	2194
business of security services, or both businesses, unless all of	2195
the following apply:	2196

(1) The licensee or employee either has successfully	2197
completed a basic firearm training program at a training school	2198
approved by the Ohio peace officer training commission, which	2199
program includes twenty hours of training in handgun use and, if	2200
any firearm other than a handgun is to be used, five hours of	2201
training in the use of other firearms, and has received a	2202
certificate of satisfactory completion of that program from the	2203
executive director of the commission; the licensee or employee	2204
has, within three years prior to the effective date of this	2205
sectionNovember 27, 1985, satisfactorily completed firearms	2206
training that has been approved by the commission as being	2207
equivalent to such a program and has received written evidence of	2208
approval of that training from the executive director of the	2209
commission; or the licensee or employee is a former peace officer,	2210
as defined in section 109.71 of the Revised Code, who previously	2211
had successfully completed a firearms training course at a	2212
training school approved by the Ohio peace officer training	2213
commission and has received a certificate or other evidence of	2214
satisfactory completion of that course from the executive director	2215
of the commission.	2216

(2) The licensee or employee submits an application to the	2217
director of commerce, on a form prescribed by the director, in	2218
which the licensee or employee requests registration as a class A,	2219
B, or C licensee or employee who may carry a firearm. The	2220
application shall be accompanied by a copy of the certificate or	2221
the written evidence or other evidence described in division	2222
(A)(1) of this section, the identification card issued pursuant to	2223
section 4749.03 or 4749.06 of the Revised Code if one has	2224
previously been issued, a statement of the duties that will be	2225
performed while the licensee or employee is armed, and a fee of	2226
ten dollars. In the case of a registered employee, the statement	2227
shall be prepared by the employing class A, B, or C licensee.	2228

(3) The licensee or employee receives a notation on the	2229
licensee's or employee's identification card that the licensee or	2230
employee is a firearm-bearer and carries the identification card	2231
whenever the licensee or employee carries a firearm in the course	2232
of engaging in the business of private investigation, the business	2233
of security services, or both businesses.	2234

(4) At any time within the immediately preceding twelve-month	2235
period, the licensee or employee has requalified in firearms use	2236
on a firearms training range at a firearms requalification program	2237
certified by the Ohio peace officer training commission or on a	2238
firearms training range under the supervision of an instructor	2239
certified by the commission and has received a certificate of	2240
satisfactory requalification from the certified program or	2241
certified instructor, provided that this division does not apply	2242
to any licensee or employee prior to the expiration of eighteen	2243
months after the licensee's or employee's completion of the	2244
program described in division (A)(1) of this section. A	2245
certificate of satisfactory requalification is valid and remains	2246
in effect for twelve months from the date of the requalification.	2247

(5) If division (A)(4) of this section applies to the	2248
licensee or employee, the licensee or employee carries the	2249
certificate of satisfactory requalification that then is in effect	2250
or any other evidence of requalification issued or provided by the	2251
director.	2252

(B)(1) The director of commerce shall register an applicant	2253
under division (A) of this section who satisfies divisions (A)(1)	2254
and (2) of this section, and place a notation on the applicant's	2255
identification card indicating that the applicant is a	2256
firearm-bearer and the date on which the applicant completed the	2257
program described in division (A)(1) of this section.	2258

(2) A firearms requalification training program or instructor	2259
certified by the commission for the annual requalification of	2260
class A, B, or C licensees or employees who are authorized to	2261
carry a firearm under section 4749.10 of the Revised Code shall	2262
award a certificate of satisfactory requalification to each class	2263
A, B, or C licensee or registered employee of a class A, B, or C	2264
licensee who satisfactorily requalifies in firearms training. The	2265
certificate shall identify the licensee or employee and indicate	2266
the date of the requalification. A licensee or employee who	2267
receives such a certificate shall submit a copy of it to the	2268
director of commerce. A licensee shall submit the copy of the	2269
requalification certificate at the same time that the licensee	2270
makes application for renewal of the licensee's class A, B, or C	2271
license. The director shall keep a record of all copies of	2272
requalification certificates the director receives under this	2273
division and shall establish a procedure for the updating of	2274
identification cards to provide evidence of compliance with the	2275
annual requalification requirement. The procedure for the updating	2276
of identification cards may provide for the issuance of a new card	2277
containing the evidence, the entry of a new notation containing	2278
the evidence on the existing card, the issuance of a separate card	2279
or paper containing the evidence, or any other procedure	2280
determined by the director to be reasonable. Each person who is	2281
issued a requalification certificate under this division promptly	2282
shall pay to the Ohio peace officer training commission	2283
established by section 109.71 of the Revised Code a fee of five	2284
dollars, which fee shall be transmitted to the treasurer of state	2285
for deposit in the peace officer private security fund established	2286
by section 109.78 of the Revised Code.	2287

(C) Nothing in this section prohibits a private investigator	2288
or a security guard provider from carrying a concealed handgun if	2289
the private inestigator or security guard provider complies with	2290
sections 2923.124 to 2923.1212 of the Revised Code.	2291

Section 2.  That existing sections 1547.69, 2911.21, 2913.02,	2292
2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32,	2293
and 4749.10 of the Revised Code are hereby repealed.	2294

Section 3.  That the version of section 2929.14 of the	2295
Revised Code that is scheduled to take effect January 1, 2004, be	2296
amended to read as follows:	2297

Sec. 2929.14.  (A) Except as provided in division (C),	2298
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	2299
in relation to an offense for which a sentence of death or life	2300
imprisonment is to be imposed, if the court imposing a sentence	2301
upon an offender for a felony elects or is required to impose a	2302
prison term on the offender pursuant to this chapter and is not	2303
prohibited by division (G)(1) of section 2929.13 of the Revised	2304
Code from imposing a prison term on the offender, the court shall	2305
impose a definite prison term that shall be one of the following:	2306

(1) For a felony of the first degree, the prison term shall	2307
be three, four, five, six, seven, eight, nine, or ten years.	2308

(2) For a felony of the second degree, the prison term shall	2309
be two, three, four, five, six, seven, or eight years.	2310

(3) For a felony of the third degree, the prison term shall	2311
be one, two, three, four, or five years.	2312

(4) For a felony of the fourth degree, the prison term shall	2313
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2314
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2315

(5) For a felony of the fifth degree, the prison term shall	2316
be six, seven, eight, nine, ten, eleven, or twelve months.	2317

(B) Except as provided in division (C), (D)(1), (D)(2),	2318
(D)(3), or (G) of this section, in section 2907.02 of the Revised	2319
Code, or in Chapter 2925. of the Revised Code, if the court	2320
imposing a sentence upon an offender for a felony elects or is	2321
required to impose a prison term on the offender, the court shall	2322
impose the shortest prison term authorized for the offense	2323
pursuant to division (A) of this section, unless one or more of	2324
the following applies:	2325

(1) The offender was serving a prison term at the time of the	2326
offense, or the offender previously had served a prison term.	2327

(2) The court finds on the record that the shortest prison	2328
term will demean the seriousness of the offender's conduct or will	2329
not adequately protect the public from future crime by the	2330
offender or others.	2331

(C) Except as provided in division (G) of this section or in	2332
Chapter 2925. of the Revised Code, the court imposing a sentence	2333
upon an offender for a felony may impose the longest prison term	2334
authorized for the offense pursuant to division (A) of this	2335
section only upon offenders who committed the worst forms of the	2336
offense, upon offenders who pose the greatest likelihood of	2337
committing future crimes, upon certain major drug offenders under	2338
division (D)(3) of this section, and upon certain repeat violent	2339
offenders in accordance with division (D)(2) of this section.	2340

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2341
section, if an offender who is convicted of or pleads guilty to a	2342
felony also is convicted of or pleads guilty to a specification of	2343
the type described in section 2941.141, 2941.144, or 2941.145 of	2344
the Revised Code, the court shall impose on the offender one of	2345
the following prison terms:	2346

(i) A prison term of six years if the specification is of the	2347
type described in section 2941.144 of the Revised Code that	2348
charges the offender with having a firearm that is an automatic	2349
firearm or that was equipped with a firearm muffler or silencer on	2350
or about the offender's person or under the offender's control	2351
while committing the felony;	2352

(ii) A prison term of three years if the specification is of	2353
the type described in section 2941.145 of the Revised Code that	2354
charges the offender with having a firearm on or about the	2355
offender's person or under the offender's control while committing	2356
the offense and displaying the firearm, brandishing the firearm,	2357
indicating that the offender possessed the firearm, or using it to	2358
facilitate the offense;	2359

(iii) A prison term of one year if the specification is of	2360
the type described in section 2941.141 of the Revised Code that	2361
charges the offender with having a firearm on or about the	2362
offender's person or under the offender's control while committing	2363
the felony.	2364

(b) If a court imposes a prison term on an offender under	2365
division (D)(1)(a) of this section, the prison term shall not be	2366
reduced pursuant to section 2929.20, section 2967.193, or any	2367
other provision of Chapter 2967. or Chapter 5120. of the Revised	2368
Code. A court shall not impose more than one prison term on an	2369
offender under division (D)(1)(a) of this section for felonies	2370
committed as part of the same act or transaction.	2371

(c) Except as provided in division (D)(1)(e) of this section,	2372
if an offender who is convicted of or pleads guilty to a violation	2373
of section 2923.161 of the Revised Code or to a felony that	2374
includes, as an essential element, purposely or knowingly causing	2375
or attempting to cause the death of or physical harm to another,	2376
also is convicted of or pleads guilty to a specification of the	2377
type described in section 2941.146 of the Revised Code that	2378
charges the offender with committing the offense by discharging a	2379
firearm from a motor vehicle other than a manufactured home, the	2380
court, after imposing a prison term on the offender for the	2381
violation of section 2923.161 of the Revised Code or for the other	2382
felony offense under division (A), (D)(2), or (D)(3) of this	2383
section, shall impose an additional prison term of five years upon	2384
the offender that shall not be reduced pursuant to section	2385
2929.20, section 2967.193, or any other provision of Chapter 2967.	2386
or Chapter 5120. of the Revised Code. A court shall not impose	2387
more than one additional prison term on an offender under division	2388
(D)(1)(c) of this section for felonies committed as part of the	2389
same act or transaction. If a court imposes an additional prison	2390
term on an offender under division (D)(1)(c) of this section	2391
relative to an offense, the court also shall impose a prison term	2392
under division (D)(1)(a) of this section relative to the same	2393
offense, provided the criteria specified in that division for	2394
imposing an additional prison term are satisfied relative to the	2395
offender and the offense.	2396

(d) If an offender who is convicted of or pleads guilty to an	2397
offense of violence that is a felony also is convicted of or	2398
pleads guilty to a specification of the type described in section	2399
2941.1411 of the Revised Code that charges the offender with	2400
wearing or carrying body armor while committing the felony offense	2401
of violence, the court shall impose on the offender a prison term	2402
of two years. The prison term so imposed shall not be reduced	2403
pursuant to section 2929.20, section 2967.193, or any other	2404
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2405
court shall not impose more than one prison term on an offender	2406
under division (D)(1)(d) of this section for felonies committed as	2407
part of the same act or transaction. If a court imposes an	2408
additional prison term under division (D)(1)(a) or (c) of this	2409
section, the court is not precluded from imposing an additional	2410
prison term under division (D)(1)(d) of this section.	2411

(e) The court shall not impose any of the prison terms	2412
described in division (D)(1)(a) of this section or any of the	2413
additional prison terms described in division (D)(1)(c) of this	2414
section upon an offender for a violation of section 2923.12 or	2415
2923.123 of the Revised Code. The court shall not impose any of	2416
the prison terms described in division (D)(1)(a) of this section	2417
or any of the additional prison terms described in division	2418
(D)(1)(c) of this section upon an offender for a violation of	2419
section 2923.13 of the Revised Code unless all of the following	2420
apply:	2421

(i) The offender previously has been convicted of aggravated	2422
murder, murder, or any felony of the first or second degree.	2423

(ii) Less than five years have passed since the offender was	2424
released from prison or post-release control, whichever is later,	2425
for the prior offense.	2426

(2)(a) If an offender who is convicted of or pleads guilty to	2427
a felony also is convicted of or pleads guilty to a specification	2428
of the type described in section 2941.149 of the Revised Code that	2429
the offender is a repeat violent offender, the court shall impose	2430
a prison term from the range of terms authorized for the offense	2431
under division (A) of this section that may be the longest term in	2432
the range and that shall not be reduced pursuant to section	2433
2929.20, section 2967.193, or any other provision of Chapter 2967.	2434
or Chapter 5120. of the Revised Code. If the court finds that the	2435
repeat violent offender, in committing the offense, caused any	2436
physical harm that carried a substantial risk of death to a person	2437
or that involved substantial permanent incapacity or substantial	2438
permanent disfigurement of a person, the court shall impose the	2439
longest prison term from the range of terms authorized for the	2440
offense under division (A) of this section.	2441

(b) If the court imposing a prison term on a repeat violent	2442
offender imposes the longest prison term from the range of terms	2443
authorized for the offense under division (A) of this section, the	2444
court may impose on the offender an additional definite prison	2445
term of one, two, three, four, five, six, seven, eight, nine, or	2446
ten years if the court finds that both of the following apply with	2447
respect to the prison terms imposed on the offender pursuant to	2448
division (D)(2)(a) of this section and, if applicable, divisions	2449
(D)(1) and (3) of this section:	2450

(i) The terms so imposed are inadequate to punish the	2451
offender and protect the public from future crime, because the	2452
applicable factors under section 2929.12 of the Revised Code	2453
indicating a greater likelihood of recidivism outweigh the	2454
applicable factors under that section indicating a lesser	2455
likelihood of recidivism.	2456

(ii) The terms so imposed are demeaning to the seriousness of	2457
the offense, because one or more of the factors under section	2458
2929.12 of the Revised Code indicating that the offender's conduct	2459
is more serious than conduct normally constituting the offense are	2460
present, and they outweigh the applicable factors under that	2461
section indicating that the offender's conduct is less serious	2462
than conduct normally constituting the offense.	2463

(3)(a) Except when an offender commits a violation of section	2464
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2465
the violation is life imprisonment or commits a violation of	2466
section 2903.02 of the Revised Code, if the offender commits a	2467
violation of section 2925.03 or 2925.11 of the Revised Code and	2468
that section classifies the offender as a major drug offender and	2469
requires the imposition of a ten-year prison term on the offender,	2470
if the offender commits a felony violation of section 2925.02,	2471
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2472
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2473
division (C) of section 4729.51, or division (J) of section	2474
4729.54 of the Revised Code that includes the sale, offer to sell,	2475
or possession of a schedule I or II controlled substance, with the	2476
exception of marihuana, and the court imposing sentence upon the	2477
offender finds that the offender is guilty of a specification of	2478
the type described in section 2941.1410 of the Revised Code	2479
charging that the offender is a major drug offender, if the court	2480
imposing sentence upon an offender for a felony finds that the	2481
offender is guilty of corrupt activity with the most serious	2482
offense in the pattern of corrupt activity being a felony of the	2483
first degree, or if the offender is guilty of an attempted	2484
violation of section 2907.02 of the Revised Code and, had the	2485
offender completed the violation of section 2907.02 of the Revised	2486
Code that was attempted, the offender would have been subject to a	2487
sentence of life imprisonment or life imprisonment without parole	2488
for the violation of section 2907.02 of the Revised Code, the	2489
court shall impose upon the offender for the felony violation a	2490
ten-year prison term that cannot be reduced pursuant to section	2491
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2492

(b) The court imposing a prison term on an offender under	2493
division (D)(3)(a) of this section may impose an additional prison	2494
term of one, two, three, four, five, six, seven, eight, nine, or	2495
ten years, if the court, with respect to the term imposed under	2496
division (D)(3)(a) of this section and, if applicable, divisions	2497
(D)(1) and (2) of this section, makes both of the findings set	2498
forth in divisions (D)(2)(b)(i) and (ii) of this section.	2499

(4) If the offender is being sentenced for a third or fourth	2500
degree felony OVI offense under division (G)(2) of section 2929.13	2501
of the Revised Code, the sentencing court shall impose upon the	2502
offender a mandatory prison term in accordance with that division.	2503
In addition to the mandatory prison term, if the offender is being	2504
sentenced for a fourth degree felony OVI offense, the court,	2505
notwithstanding division (A)(4) of this section, may sentence the	2506
offender to a definite prison term of not less than six months and	2507
not more than thirty months, and if the offender is being	2508
sentenced for a third degree felony OVI offense, the sentencing	2509
court may sentence the offender to an additional prison term of	2510
any duration specified in division (A)(3) of this section. In	2511
either case, the additional prison term imposed shall be reduced	2512
by the sixty or one hundred twenty days imposed upon the offender	2513
as the mandatory prison term. The total of the additional prison	2514
term imposed under division (D)(4) of this section plus the sixty	2515
or one hundred twenty days imposed as the mandatory prison term	2516
shall equal a definite term in the range of six months to thirty	2517
months for a fourth degree felony OVI offense and shall equal one	2518
of the authorized prison terms specified in division (A)(3) of	2519
this section for a third degree felony OVI offense. If the court	2520
imposes an additional prison term under division (D)(4) of this	2521
section, the offender shall serve the additional prison term after	2522
the offender has served the mandatory prison term required for the	2523
offense. The court shall not sentence the offender to a community	2524
control sanction under section 2929.16 or 2929.17 of the Revised	2525
Code.	2526

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2527
mandatory prison term is imposed upon an offender pursuant to	2528
division (D)(1)(a) of this section for having a firearm on or	2529
about the offender's person or under the offender's control while	2530
committing a felony, if a mandatory prison term is imposed upon an	2531
offender pursuant to division (D)(1)(c) of this section for	2532
committing a felony specified in that division by discharging a	2533
firearm from a motor vehicle, or if both types of mandatory prison	2534
terms are imposed, the offender shall serve any mandatory prison	2535
term imposed under either division consecutively to any other	2536
mandatory prison term imposed under either division or under	2537
division (D)(1)(d) of this section, consecutively to and prior to	2538
any prison term imposed for the underlying felony pursuant to	2539
division (A), (D)(2), or (D)(3) of this section or any other	2540
section of the Revised Code, and consecutively to any other prison	2541
term or mandatory prison term previously or subsequently imposed	2542
upon the offender.	2543

(b) If a mandatory prison term is imposed upon an offender	2544
pursuant to division (D)(1)(d) of this section for wearing or	2545
carrying body armor while committing an offense of violence that	2546
is a felony, the offender shall serve the mandatory term so	2547
imposed consecutively to any other mandatory prison term imposed	2548
under that division or under division (D)(1)(a) or (c) of this	2549
section, consecutively to and prior to any prison term imposed for	2550
the underlying felony under division (A), (D)(2), or (D)(3) of	2551
this section or any other section of the Revised Code, and	2552
consecutively to any other prison term or mandatory prison term	2553
previously or subsequently imposed upon the offender.	2554

(2) If an offender who is an inmate in a jail, prison, or	2555
other residential detention facility violates section 2917.02,	2556
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2557
who is under detention at a detention facility commits a felony	2558
violation of section 2923.131 of the Revised Code, or if an	2559
offender who is an inmate in a jail, prison, or other residential	2560
detention facility or is under detention at a detention facility	2561
commits another felony while the offender is an escapee in	2562
violation of section 2921.34 of the Revised Code, any prison term	2563
imposed upon the offender for one of those violations shall be	2564
served by the offender consecutively to the prison term or term of	2565
imprisonment the offender was serving when the offender committed	2566
that offense and to any other prison term previously or	2567
subsequently imposed upon the offender.	2568

(3) If a prison term is imposed for a violation of division	2569
(B) of section 2911.01 of the Revised Code, a violation of	2570
division (A) of section 2913.02 of the Revised Code in which the	2571
stolen property is a firearm or dangerous ordnance, or if a prison	2572
term is imposed for a felony violation of division (B) of section	2573
2921.331 of the Revised Code, the offender shall serve that prison	2574
term consecutively to any other prison term or mandatory prison	2575
term previously or subsequently imposed upon the offender.	2576

(4) If multiple prison terms are imposed on an offender for	2577
convictions of multiple offenses, the court may require the	2578
offender to serve the prison terms consecutively if the court	2579
finds that the consecutive service is necessary to protect the	2580
public from future crime or to punish the offender and that	2581
consecutive sentences are not disproportionate to the seriousness	2582
of the offender's conduct and to the danger the offender poses to	2583
the public, and if the court also finds any of the following:	2584

(a) The offender committed one or more of the multiple	2585
offenses while the offender was awaiting trial or sentencing, was	2586
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2587
2929.18 of the Revised Code, or was under post-release control for	2588
a prior offense.	2589

(b) At least two of the multiple offenses were committed as	2590
part of one or more courses of conduct, and the harm caused by two	2591
or more of the multiple offenses so committed was so great or	2592
unusual that no single prison term for any of the offenses	2593
committed as part of any of the courses of conduct adequately	2594
reflects the seriousness of the offender's conduct.	2595

(c) The offender's history of criminal conduct demonstrates	2596
that consecutive sentences are necessary to protect the public	2597
from future crime by the offender.	2598

(5) When consecutive prison terms are imposed pursuant to	2599
division (E)(1), (2), (3), or (4) of this section, the term to be	2600
served is the aggregate of all of the terms so imposed.	2601

(F) If a court imposes a prison term of a type described in	2602
division (B) of section 2967.28 of the Revised Code, it shall	2603
include in the sentence a requirement that the offender be subject	2604
to a period of post-release control after the offender's release	2605
from imprisonment, in accordance with that division. If a court	2606
imposes a prison term of a type described in division (C) of that	2607
section, it shall include in the sentence a requirement that the	2608
offender be subject to a period of post-release control after the	2609
offender's release from imprisonment, in accordance with that	2610
division, if the parole board determines that a period of	2611
post-release control is necessary.	2612

(G) If a person is convicted of or pleads guilty to a	2613
sexually violent offense and also is convicted of or pleads guilty	2614
to a sexually violent predator specification that was included in	2615
the indictment, count in the indictment, or information charging	2616
that offense, the court shall impose sentence upon the offender in	2617
accordance with section 2971.03 of the Revised Code, and Chapter	2618
2971. of the Revised Code applies regarding the prison term or	2619
term of life imprisonment without parole imposed upon the offender	2620
and the service of that term of imprisonment.	2621

(H) If a person who has been convicted of or pleaded guilty	2622
to a felony is sentenced to a prison term or term of imprisonment	2623
under this section, sections 2929.02 to 2929.06 of the Revised	2624
Code, section 2971.03 of the Revised Code, or any other provision	2625
of law, section 5120.163 of the Revised Code applies regarding the	2626
person while the person is confined in a state correctional	2627
institution.	2628

(I) If an offender who is convicted of or pleads guilty to a	2629
felony that is an offense of violence also is convicted of or	2630
pleads guilty to a specification of the type described in section	2631
2941.142 of the Revised Code that charges the offender with having	2632
committed the felony while participating in a criminal gang, the	2633
court shall impose upon the offender an additional prison term of	2634
one, two, or three years.	2635

(J) If an offender who is convicted of or pleads guilty to	2636
aggravated murder, murder, or a felony of the first, second, or	2637
third degree that is an offense of violence also is convicted of	2638
or pleads guilty to a specification of the type described in	2639
section 2941.143 of the Revised Code that charges the offender	2640
with having committed the offense in a school safety zone or	2641
towards a person in a school safety zone, the court shall impose	2642
upon the offender an additional prison term of two years. The	2643
offender shall serve the additional two years consecutively to and	2644
prior to the prison term imposed for the underlying offense.	2645

(K) At the time of sentencing, the court may recommend the	2646
offender for placement in a program of shock incarceration under	2647
section 5120.031 of the Revised Code or for placement in an	2648
intensive program prison under section 5120.032 of the Revised	2649
Code, disapprove placement of the offender in a program of shock	2650
incarceration or an intensive program prison of that nature, or	2651
make no recommendation on placement of the offender. In no case	2652
shall the department of rehabilitation and correction place the	2653
offender in a program or prison of that nature unless the	2654
department determines as specified in section 5120.031 or 5120.032	2655
of the Revised Code, whichever is applicable, that the offender is	2656
eligible for the placement.	2657

If the court disapproves placement of the offender in a	2658
program or prison of that nature, the department of rehabilitation	2659
and correction shall not place the offender in any program of	2660
shock incarceration or intensive program prison.	2661

If the court recommends placement of the offender in a	2662
program of shock incarceration or in an intensive program prison,	2663
and if the offender is subsequently placed in the recommended	2664
program or prison, the department shall notify the court of the	2665
placement and shall include with the notice a brief description of	2666
the placement.	2667

If the court recommends placement of the offender in a	2668
program of shock incarceration or in an intensive program prison	2669
and the department does not subsequently place the offender in the	2670
recommended program or prison, the department shall send a notice	2671
to the court indicating why the offender was not placed in the	2672
recommended program or prison.	2673

If the court does not make a recommendation under this	2674
division with respect to an offender and if the department	2675
determines as specified in section 5120.031 or 5120.032 of the	2676
Revised Code, whichever is applicable, that the offender is	2677
eligible for placement in a program or prison of that nature, the	2678
department shall screen the offender and determine if there is an	2679
available program of shock incarceration or an intensive program	2680
prison for which the offender is suited. If there is an available	2681
program of shock incarceration or an intensive program prison for	2682
which the offender is suited, the department shall notify the	2683
court of the proposed placement of the offender as specified in	2684
section 5120.031 or 5120.032 of the Revised Code and shall include	2685
with the notice a brief description of the placement. The court	2686
shall have ten days from receipt of the notice to disapprove the	2687
placement.	2688

Section 4. That all existing versions of section 2929.14 of	2689
the Revised Code are hereby repealed.	2690

Section 5. Sections 3 and 4 of this act shall take effect on	2691
January 1, 2004.	2692

Section 6.  In amending sections 1547.69, 2911.21, 2921.13,	2693
2923.12, 2923.121, 2923.123, 2923.16, 2953.32, and 4749.10 of the	2694
Revised Code and in enacting sections 109.731, 311.41, 311.42, and	2695
2923.124 to 2923.1212 of the Revised Code in this act, the General	2696
Assembly hereby declares its intent to recognize both of the	2697
following:	2698

(A) The inalienable and fundamental right of an individual to	2699
defend the individual's person and the members of the individual's	2700
family;	2701

(B) The fact that the right described in division (A) of this	2702
section predates the adoption of the United States Constitution,	2703
the adoption of the Ohio Constitution, and the enactment of all	2704
statutory laws by the General Assembly and may not be infringed by	2705
any enactment of the General Assembly.	2706

Section 7.  In enacting sections 109.731, 311.41, 311.42, and	2708
2923.124 to 2923.1212 of the Revised Code in this act and in	2709
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121,	2710
2923.123, 2923.16, 2953.32, and 4749.10 of the Revised Code in	2711
this act relative to licenses to carry a concealed handgun, the	2712
General Assembly hereby declares that it is not its intent to	2713
declare or otherwise give the impression that, prior to the	2714
effective date of this act, an individual did not have an	2715
inalienable and fundamental right, or a right under the Ohio	2716
Constitution or the United States Constitution, to carry a	2717
concealed handgun or other firearm for the defense of the	2718
individual's person or a member of the individual's family while	2719
engaged in lawful activity. Further, the General Assembly declares	2720
that it is not its intent to invalidate any prior convictions for	2721
violating any section of the Revised Code or a municipal ordinance	2722
prior to the effective date of this act or to prevent the	2723
prosecution of any violation committed prior to the effective date	2724
of this act.	2725

Section 8.  Within thirty days after the effective date of	2726
this act, the Ohio Peace Officer Training Commission shall submit	2727
the rules required under section 109.731 of the Revised Code to	2728
the Joint Committee on Agency Rule Review. Within thirty days	2729
after those rules take effect, the Commission shall prepare and	2730
make available to the sheriffs of this state the application and	2731
license forms described in division (A) of section 109.731 of the	2732
Revised Code and the Ohio firearms laws pamphlet described in	2733
division (B) of that section and shall prescribe the license fee	2734
described in division (C) of that section. The Commission shall	2735
submit its first annual statistical report described in division	2736
(D) of that section not later than fifteen months after the	2737
effective date of this act.	2738

Section 9. It is the intent of the General Assembly in	2739
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121,	2740
2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections	2741
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised	2742
Code to enact laws of a general nature. No municipal corporation	2743
may adopt or continue in existence any ordinance, and no township	2744
may adopt or continue in existence, any resolution that is in	2745
conflict with those sections.	2746

Section 10. If any provision of sections 1547.69, 2911.21,	2747
2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14,	2748
2953.32, and 4749.10 of the Revised Code, as amended by this act,	2749
any provision of sections 109.731, 311.41, 311.42, 2923.124,	2750
2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,	2751
2923.1211, and 2923.1212 of the Revised Code, as enacted by this	2752
act, or the application of any provision of those sections to any	2753
person or circumstance is held invalid, the invalidity does not	2754
affect other provisions or applications of the particular section	2755
or related sections that can be given effect without the invalid	2756
provision or application, and to this end the provisions of the	2757
particular section are severable.	2758

Section 11. (A) Section 2929.14 of the Revised Code,	2759
effective until January 1, 2004, is presented in Section 1 of this	2760
act as a composite of the section as amended by both Am. Sub. H.B.	2761
327 and Sub. H.B. 485 of the 124th General Assembly. The General	2762
Assembly, applying the principle stated in division (B) of section	2763
1.52 of the Revised Code that amendments are to be harmonized if	2764
reasonably capable of simultaneous operation, finds that the	2765
composite is the resulting version of the section in effect prior	2766
to the effective date of the section as presented in Section 1 of	2767
this act.	2768

(B) Section 2929.14 of the Revised Code, effective on January	2769
1, 2004, is presented in Section 3 of this act as a composite of	2770
the section as amended by Am. Sub. H.B. 327, Sub. H.B. 485, and	2771
Am. Sub. S.B. 123 of the 124th General Assembly. The General	2772
Assembly, applying the principle stated in division (B) of section	2773
1.52 of the Revised Code that amendments are to be harmonized if	2774
reasonably capable of simultaneous operation, finds that the	2775
composite is the resulting version of the section in effect prior	2776
to the effective date of the section as presented in Section 3 of	2777
this act.	2778