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

To amend sections 1547.69, 2911.21, 2913.02, 2921.13,

1

2923.11, 2923.12, 2923.121, 2923.122, 2923.123,

2

2923.13, 2923.16, 2929.14, 2953.32, and 4749.10

3

and to enact sections 109.69, 109.731, 181.251,

4

311.41, 311.42, 2923.124, 2923.125, 2923.126,

5

2923.127, 2923.128, 2923.129, 2923.1210,

6

2923.1211, 2923.1212, 2923.25, and 5122.311 of the

7

Revised Code to authorize county sheriffs to issue

8

licenses to carry concealed handguns to certain

9

persons, to create the offenses of falsification

10

to obtain a concealed handgun license,

11

falsification of a concealed handgun license, and

12

possessing a revoked or suspended concealed

13

handgun license, to increase the penalty for theft

14

of a firearm and having weapons while under

15

disability, to modify the definition of handgun

16

that applies in the Weapons Control Law, to

17

require the Office of Criminal Justice Services to

18

prepare and distribute to federally licensed

19

firearms dealers a poster and brochure that

20

describe safe firearms practices, to require

21

federally licensed firearms dealers to offer gun

22

locking device to purchasers at the time of sale,

23

post the poster, and provide the brochure to

24

purchasers, and to maintain the provisions of this

25

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

26

versions of sections 2923.122, 2929.14, and

27

2953.32 of the Revised Code that take effect on

28

that date.

29

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

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

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

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

(b) That license-issuing state recognizes a license to carry	46
a concealed handgun issued under section 2923.125 of the Revised	47
Code.	48

(2) The attorney general shall not negotiate any agreement	49
with any other license-issuing state under which a license to	50
carry a concealed handgun that is issued by the other state is	51
recognized in this state other than as provided in division (A)(1)	52
of this section.	53

(B) As used in this section:

54

(1) "Handgun" has the same meaning as in section 2923.11 of	55
the Revised Code.	56

(2) "License-issuing state" means a state other than this	57
state that, pursuant to law, provides for the issuance of a	58
license to carry a concealed handgun.	59

Sec. 109.731.  (A) The Ohio peace officer training commission	60
shall prescribe, and shall make available to sheriffs, all of the	61
following:	62

(1) An application form that is to be used under section	63
2923.125 of the Revised Code by a person who applies for a license	64
to carry a concealed handgun or for the renewal of a license of	65
that nature and that conforms substantially to the form prescribed	66
in section 2923.1210 of the Revised Code;	67

(2) A form for the license to carry a concealed handgun that	68
is to be issued by sheriffs to persons who qualify for a license	69
to carry a concealed handgun under section 2923.125 of the Revised	70
Code and that conforms to the following requirements:	71

(a) It has space for the licensee's full name, residence	72
address, and date of birth and for a color photograph of the	73
licensee.	74

(b) It has space for the date of issuance of the license, its	75
expiration date, its county of issuance, the name of the sheriff	76
who issues the license, and the unique combination of letters and	77
numbers that identify the county of issuance and the license given	78
to the licensee by the sheriff in accordance with division (A)(4)	79
of this section.	80

(c) It has space for the signature of the licensee and the	81
signature or a facsimile signature of the sheriff who issues the	82
license.	83

(d) It does not require the licensee to include serial	84
numbers of handguns, other identification related to handguns, or	85
similar data that is not pertinent or relevant to obtaining the	86
license and that could be used as a de facto means of registration	87
of handguns owned by the licensee.	88

(3) A series of three-letter county codes that identify each	89
county in this state;	90

(4) A procedure by which a sheriff shall give each license,	91
replacement license, or renewal license to carry a concealed	92
handgun the sheriff issues under section 2923.125 of the Revised	93
Code a unique combination of letters and numbers that identifies	94
the county in which the license was issued and that uses the	95
county code and a unique number for each license the sheriff of	96
that county issues.	97

(B)(1) The Ohio peace officer training commission, in	98
consultation with the attorney general, shall prepare a pamphlet	99
that does all of the following, in everyday language:	100

(a) Explains the firearms laws of this state;

101

(b) Instructs the reader in dispute resolution and explains	102
the laws of this state related to that matter;	103

(c) Provides information to the reader regarding all aspects	104
of the use of deadly force with a firearm, including, but not	105
limited to, the steps that should be taken before contemplating	106
the use of, or using, deadly force with a firearm, possible	107
alternatives to using deadly force with a firearm, and the law	108
governing the use of deadly force with a firearm.	109

(2) The attorney general shall consult with and assist the	110
commission in the preparation of the pamphlet described in	111
division (B)(1) of this section and, as necessary, shall recommend	112
to the commission changes in the pamphlet to reflect changes in	113
the law that are relevant to it. The commission shall make copies	114
of the pamphlet available to any person, public entity, or private	115
entity that operates or teaches a training course, class, or	116
program described in division (B)(3)(a), (b), (c), and (e) of	117
section 2923.125 of the Revised Code and requests copies for	118
distribution to persons who take the course, class, or program,	119
and to sheriffs for distribution to applicants under section	120
2923.125 of the Revised Code for a license to carry a concealed	121
handgun and applicants under that section for the renewal of a	122
license to carry a concealed handgun.	123

(C)(1) The Ohio peace officer training commission, in	124
consultation with the attorney general, shall prescribe a fee to	125
be paid by an applicant under section 2923.125 of the Revised Code	126
for a license to carry a concealed handgun or for the renewal of a	127
license to carry a concealed handgun as follows:	128

(a) For an applicant who has been a resident of this state	129
for five or more years, an amount that does not exceed the lesser	130
of the actual cost of issuing the license, including, but not	131
limited to, the cost of conducting the criminal records check, or	132
forty-five dollars;	133

(b) For an applicant who has been a resident of this state	134
for less than five years, an amount that shall consist of the	135
actual cost of having a criminal background check performed by the	136
federal bureau of investigation, if one is so performed, plus the	137
lesser of the actual cost of issuing the license, including, but	138
not limited to, the cost of conducting the criminal records check,	139
or forty-five dollars.	140

(2) The commission, in consultation with the attorney	141
general, shall specify the portion of the fee prescribed under	142
division (C)(1) of this section that will be used to pay each	143
particular cost of the issuance of the license. The sheriff shall	144
deposit all fees paid by an applicant under section 2923.125 of	145
the Revised Code into the sheriff's concealed handgun license	146
issuance expense fund established pursuant to section 311.42 of	147
the Revised Code.	148

(D) The Ohio peace officer training commission shall maintain	149
statistics with respect to the issuance, renewal, suspension,	150
revocation, and denial of licenses to carry a concealed handgun	151
and the suspension of processing of applications for those	152
licenses as reported by the sheriffs pursuant to division (C) of	153
section 2923.129 of the Revised Code. Not later than the first day	154
of March in each year, the commission shall submit a statistical	155
report to the governor, the president of the senate, and the	156
speaker of the house of representatives indicating the number of	157
those licenses that were issued, renewed, suspended, revoked, and	158
denied in the previous calendar year and the number of	159
applications for those licenses for which processing was suspended	160
in accordance with division (D)(3) of section 2923.125 of the	161
Revised Code in the previous calendar year. Nothing in the	162
statistics or the statistical report shall identify, or enable the	163
identification of, any individual who was issued or denied a	164
license, for whom a license was renewed, whose license was	165
suspended or revoked, or for whom application processing was	166
suspended. The statistics and the statistical report are public	167
records for the purpose of section 149.43 of the Revised Code.	168

(E) As used in this section, "handgun" has the same meaning	169
as in section 2923.11 of the Revised Code.	170

Sec. 181.251. The office of criminal justice services shall	171
prepare a poster and a brochure that describe safe firearms	172
practices. The poster and brochure shall contain typeface that is	173
at least one-quarter inch tall. The office shall furnish copies of	174
the poster and brochure free of charge to each federally licensed	175
firearms dealer in this state.	176

As used in this section, "federally licensed firearms dealer"	177
means an importer, manufacturer, or dealer having a license to	178
deal in destructive devices or their ammunition, issued and in	179
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	180
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	181
that act or reenactments of that act.	182

Sec. 311.41. (A)(1) Upon receipt of an application for a	183
license to carry a concealed handgun under division (C) of section	184
2923.125 of the Revised Code or an application to renew a license	185
to carry a concealed handgun under division (F) of that section,	186
the sheriff shall conduct a criminal records check and an	187
incompetency check of the applicant to determine whether the	188
applicant fails to meet the criteria described in division (D)(1)	189
of section 2923.125 of the Revised Code. The sheriff shall conduct	190
the criminal records check and the incompetency records check	191
required by this division through use of an electronic fingerprint	192
reading device or, if the sheriff does not possess and does not	193
have ready access to the use of an electronic fingerprint reading	194
device, by requesting the bureau of criminal identification and	195
investigation to conduct the checks as described in this division.	196
In order to conduct the criminal records check and the	197
incompetency records check, the sheriff shall obtain the	198
fingerprints of not more than four fingers of the applicant by	199
using an electronic fingerprint reading device for the purpose of	200
conducting the criminal records check and the incompetency records	201
check or, if the sheriff does not possess and does not have ready	202
access to the use of an electronic fingerprint reading device,	203
shall obtain from the applicant a completed standard fingerprint	204
impression sheet prescribed pursuant to division (C)(2) of section	205
109.572 of the Revised Code. The fingerprints so obtained, along	206
with the applicant's social security number, shall be used to	207
conduct the criminal records check and the incompetency records	208
check. If the sheriff does not use an electronic fingerprint	209
reading device to obtain the fingerprints and conduct the records	210
checks, the sheriff shall submit the completed standard	211
fingerprint impression sheet of the applicant, along with the	212
applicant's social security number, to the superintendent of the	213
bureau of criminal identification and investigation and shall	214
request the bureau to conduct the criminal records check and the	215
incompetency records check of the applicant and, if necessary,	216
shall request the superintendent of the bureau to obtain	217
information from the federal bureau of investigation as part of	218
the criminal records check for the applicant. If it is not	219
possible to use an electronic fingerprint reading device to	220
conduct an incompetency records check, the sheriff shall submit	221
the completed standard fingerprint impression sheet of the	222
applicant, along with the applicant's social security number, to	223
the superintendent of the bureau of criminal identification and	224
investigation and shall request the bureau to conduct the	225
incompetency records check. The sheriff shall not retain the	226
applicant's fingerprints as part of the application.	227

(2) Except as otherwise provided in this division, if at any	228
time the applicant decides not to continue with the application	229
process, the sheriff immediately shall cease any investigation	230
that is being conducted under division (A)(1) of this section. The	231
sheriff shall not cease that investigation if, at the time of the	232
applicant's decision not to continue with the application process,	233
the sheriff had determined from any of the sheriff's	234
investigations that the applicant then was engaged in activity of	235
a criminal nature.	236

(B) If a criminal records check and an incompetency records	237
check conducted under division (A) of this section do not indicate	238
that the applicant fails to meet the criteria described in	239
division (D)(1) of section 2923.125 of the Revised Code, except as	240
otherwise provided in this division, the sheriff shall destroy or	241
cause a designated employee to destroy all records other than the	242
application for a license to carry a concealed handgun or the	243
application to renew a license to carry a concealed handgun that	244
were made in connection with the criminal records check and	245
incompetency records check within twenty days after conducting the	246
criminal records check and incompetency records check. If an	247
applicant appeals a denial of an application as described in	248
division (D) (2) of section 2923.125 of the Revised Code or	249
challenges the results of a criminal records check pursuant to	250
section 2923.127 of the Revised Code, records of fingerprints of	251
the applicant shall not be destroyed during the pendency of the	252
appeal or the challenge and review. When an applicant appeals a	253
denial as described in that division, the twenty-day period	254
described in this division commences regarding the fingerprints	255
upon the determination of the appeal. When required as a result of	256
a challenge and review performed pursuant to section 2923.127 of	257
the Revised Code, the source the sheriff used in conducting the	258
criminal records check shall destroy or the chief operating	259
officer of the source shall cause an employee of the source	260
designated by the chief to destroy all records other than the	261
application for a license to carry a concealed handgun or the	262
application to renew a license to carry a concealed handgun that	263
were made in connection with the criminal records check within	264
twenty days after completion of that challenge and review.	265

(C) If division (B) of this section applies to a particular	266
criminal records check or incompetency records check, no sheriff,	267
employee of a sheriff designated by the sheriff to destroy records	268
under that division, source the sheriff used in conducting the	269
criminal records check or incompetency records check, or employee	270
of the source designated by the chief operating officer of the	271
source to destroy records under that division shall fail to	272
destroy or cause to be destroyed within the applicable twenty-day	273
period specified in that division all records other than the	274
application for a license to carry a concealed handgun or the	275
application to renew a license to carry a concealed handgun made	276
in connection with the particular criminal records check or	277
incompetency records check.	278

(D) Whoever violates division (C) of this section is guilty	279
of failure to destroy records, a misdemeanor of the second degree.	280

(E) As used in this section, "handgun" has the same meaning	281
as in section 2923.11 of the Revised Code.	282

Sec. 311.42.  (A) Each county shall establish in the county	283
treasury a sheriff's concealed handgun license issuance expense	284
fund. The sheriff of that county shall deposit into that fund all	285
fees paid by applicants for the issuance or renewal of a license	286
or duplicate license to carry a concealed handgun under section	287
2923.125 of the Revised Code. The county shall distribute the fees	288
deposited into the fund in accordance with the specifications	289
prescribed by the Ohio peace officer training commission under	290
division (C) of section 109.731 of the Revised Code.	291

(B) The sheriff, with the approval of the board of county	292
commissioners, may expend any county portion of the fees deposited	293
into the sheriff's concealed handgun license issuance expense fund	294
for any costs incurred by the sheriff in connection with	295
performing any administrative functions related to the issuance of	296
concealed handgun licenses, including, but not limited to,	297
personnel expenses and the costs of any handgun safety education	298
program that the sheriff chooses to fund.	299

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

300

(1) "Firearm" hasand "handgun" have the same meaning	301
meanings as in section 2923.11 of the Revised Code.	302

(2) "Unloaded" has the same meaning as in section 2923.16 of	303
the Revised Code.	304

(B) No person shall knowingly discharge a firearm while in or	305
on a vessel.	306

(C) No person shall knowingly transport or have a loaded	307
firearm in a vessel in such a manner that the firearm is	308
accessible to the operator or any passenger.	309

(D) No person shall knowingly transport or have a firearm in	310
a vessel unless it is unloaded and is carried in one of the	311
following ways:	312

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

313

(2) In plain sight with the action opened or the weapon	314
stripped, or, if the firearm is of a type on which the action will	315
not stay open or that cannot easily be stripped, in plain sight.	316

(E)(1) The affirmative defenses containedauthorized in	317
divisions (C)(D)(1) and (2) of section 2923.12 of the Revised Code	318
are affirmative defenses to a charge under division (C) or (D) of	319
this section.	320

(2) No person who is charged with a violation of division (C)	321
or (D) of this section shall be required to obtain a license to	322
carry a concealed handgun under section 2923.125 of the Revised	323
Code as a condition for the dismissal of the charge.	324

(F) Divisions (B), (C), and (D) of this section do not apply	325
to the possession or discharge of a United States coast guard	326
approved signaling device required to be carried aboard a vessel	327
under section 1547.251 of the Revised Code when the signaling	328
device is possessed or used for the purpose of giving a visual	329
distress signal. No person shall knowingly transport or possess	330
any such signaling device of that nature in or on a vessel in a	331
loaded condition at any time other than immediately prior to the	332
discharge of the signaling device for the purpose of giving a	333
visual distress signal.	334

(G) No person shall operate or permit to be operated any	335
vessel on the waters in this state in violation of this section.	336

(H) This section does not apply to officers, agents, or	337
employees of this or any other state or of the United States, or	338
to law enforcement officers, when authorized to carry or have	339
loaded or accessible firearms in a vessel and acting within the	340
scope of their duties, norand this section does not apply to	341
persons legally engaged in hunting. Divisions (C) and (D) of this	342
section do not apply to a person who transports or possesses a	343
handgun in a vessel and who, at the time of that transportation or	344
possession, is carrying a valid license to carry a concealed	345
handgun issued to the person under section 2923.125 of the Revised	346
Code or a license to carry a concealed handgun that was issued by	347
another state with which the attorney general has entered into a	348
reciprocity agreement under section 109.69 of the Revised Code,	349
unless the person knowingly is in a place on the vessel described	350
in division (B) of section 2923.126 of the Revised Code.	351

Sec. 2911.21.  (A) No person, without privilege to do so,	352
shall do any of the following:	353

(1) Knowingly enter or remain on the land or premises of	354
another;	355

(2) Knowingly enter or remain on the land or premises of	356
another, the use of which is lawfully restricted to certain	357
persons, purposes, modes, or hours, when the offender knows hethe	358
offender is in violation of any such restriction or is reckless in	359
that regard;	360

(3) Recklessly enter or remain on the land or premises of	361
another, as to which notice against unauthorized access or	362
presence is given by actual communication to the offender, or in a	363
manner prescribed by law, or by posting in a manner reasonably	364
calculated to come to the attention of potential intruders, or by	365
fencing or other enclosure manifestly designed to restrict access;	366

(4) Being on the land or premises of another, negligently	367
fail or refuse to leave upon being notified by signage posted in a	368
conspicuous place or otherwise being notified to do so by the	369
owner or occupant, or the agent or servant of either.	370

(B) It is no defense to a charge under this section that the	371
land or premises involved was owned, controlled, or in custody of	372
a public agency.	373

(C) It is no defense to a charge under this section that the	374
offender was authorized to enter or remain on the land or premises	375
involved, when such authorization was secured by deception.	376

(D) Whoever violates this section is guilty of criminal	377
trespass, a misdemeanor of the fourth degree.	378

(E) As used in this section, "land or premises" includes any	379
land, building, structure, or place belonging to, controlled by,	380
or in custody of another, and any separate enclosure or room, or	381
portion thereof.	382

Sec. 2913.02.  (A) No person, with purpose to deprive the	383
owner of property or services, shall knowingly obtain or exert	384
control over either the property or services in any of the	385
following ways:	386

(1) Without the consent of the owner or person authorized to	387
give consent;	388

(2) Beyond the scope of the express or implied consent of the	389
owner or person authorized to give consent;	390

(3) By deception;

391

(4) By threat;

392

(5) By intimidation.

393

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

394

(2) Except as otherwise provided in this division or division	395
(B)(3), (4), (5), or (6) of this section, a violation of this	396
section is petty theft, a misdemeanor of the first degree. If the	397
value of the property or services stolen is five hundred dollars	398
or more and is less than five thousand dollars or if the property	399
stolen is any of the property listed in section 2913.71 of the	400
Revised Code, a violation of this section is theft, a felony of	401
the fifth degree. If the value of the property or services stolen	402
is five thousand dollars or more and is less than one hundred	403
thousand dollars, a violation of this section is grand theft, a	404
felony of the fourth degree. If the value of the property or	405
services stolen is one hundred thousand dollars or more, a	406
violation of this section is aggravated theft, a felony of the	407
third degree.	408

(3) Except as otherwise provided in division (B)(4), (5), or	409
(6) of this section, if the victim of the offense is an elderly	410
person or disabled adult, a violation of this section is theft	411
from an elderly person or disabled adult, and division (B)(3) of	412
this section applies. Except as otherwise provided in this	413
division, theft from an elderly person or disabled adult is a	414
felony of the fifth degree. If the value of the property or	415
services stolen is five hundred dollars or more and is less than	416
five thousand dollars, theft from an elderly person or disabled	417
adult is a felony of the fourth degree. If the value of the	418
property or services stolen is five thousand dollars or more and	419
is less than twenty-five thousand dollars, theft from an elderly	420
person or disabled adult is a felony of the third degree. If the	421
value of the property or services stolen is twenty-five thousand	422
dollars or more, theft from an elderly person or disabled adult is	423
a felony of the second degree.	424

(4) If the property stolen is a firearm or dangerous	425
ordnance, a violation of this section is grand theft, a felony of	426
the fourththird degree, and there is a presumption in favor of	427
the court imposing a prison term for the offense. The offender	428
shall serve the prison term consecutively to any other prison term	429
or mandatory prison term previously or subsequently imposed upon	430
the offender.	431

(5) If the property stolen is a motor vehicle, a violation of	432
this section is grand theft of a motor vehicle, a felony of the	433
fourth degree.	434

(6) If the property stolen is any dangerous drug, a violation	435
of this section is theft of drugs, a felony of the fourth degree,	436
or, if the offender previously has been convicted of a felony drug	437
abuse offense, a felony of the third degree.	438

Sec. 2921.13.  (A) No person shall knowingly make a false	439
statement, or knowingly swear or affirm the truth of a false	440
statement previously made, when any of the following applies:	441

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

442

(2) The statement is made with purpose to incriminate	443
another.	444

(3) The statement is made with purpose to mislead a public	445
official in performing the public official's official function.	446

(4) The statement is made with purpose to secure the payment	447
of unemployment compensation; Ohio works first; prevention,	448
retention, and contingency benefits and services; disability	449
assistance; retirement benefits; economic development assistance,	450
as defined in section 9.66 of the Revised Code; or other benefits	451
administered by a governmental agency or paid out of a public	452
treasury.	453

(5) The statement is made with purpose to secure the issuance	454
by a governmental agency of a license, permit, authorization,	455
certificate, registration, release, or provider agreement.	456

(6) The statement is sworn or affirmed before a notary public	457
or another person empowered to administer oaths.	458

(7) The statement is in writing on or in connection with a	459
report or return that is required or authorized by law.	460

(8) The statement is in writing and is made with purpose to	461
induce another to extend credit to or employ the offender, to	462
confer any degree, diploma, certificate of attainment, award of	463
excellence, or honor on the offender, or to extend to or bestow	464
upon the offender any other valuable benefit or distinction, when	465
the person to whom the statement is directed relies upon it to	466
that person's detriment.	467

(9) The statement is made with purpose to commit or	468
facilitate the commission of a theft offense.	469

(10) The statement is knowingly made to a probate court in	470
connection with any action, proceeding, or other matter within its	471
jurisdiction, either orally or in a written document, including,	472
but not limited to, an application, petition, complaint, or other	473
pleading, or an inventory, account, or report.	474

(11) The statement is made on an account, form, record,	475
stamp, label, or other writing that is required by law.	476

(12) The statement is made in connection with the purchase of	477
a firearm, as defined in section 2923.11 of the Revised Code, and	478
in conjunction with the furnishing to the seller of the firearm of	479
a fictitious or altered driver's or commercial driver's license or	480
permit, a fictitious or altered identification card, or any other	481
document that contains false information about the purchaser's	482
identity.	483

(13) The statement is made in a document or instrument of	484
writing that purports to be a judgment, lien, or claim of	485
indebtedness and is filed or recorded with the secretary of state,	486
a county recorder, or the clerk of a court of record.	487

(14) The statement is made in an application filed with a	488
county sheriff pursuant to section 2923.125 of the Revised Code in	489
order to obtain or renew a license to carry a concealed handgun.	490

(B) No person, in connection with the purchase of a firearm,	491
as defined in section 2923.11 of the Revised Code, shall knowingly	492
furnish to the seller of the firearm a fictitious or altered	493
driver's or commercial driver's license or permit, a fictitious or	494
altered identification card, or any other document that contains	495
false information about the purchaser's identity.	496

(C) No person, in an attempt to obtain a license to carry a	497
concealed handgun under section 2923.125 of the Revised Code,	498
shall knowingly present to a sheriff a fictitious or altered	499
document that purports to be certification of the person's	500
competence in handling a handgun as described in division (B)(3)	501
of section 2923.125 of the Revised Code.	502

(D) It is no defense to a charge under division (A)(4)(6) of	503
this section that the oath or affirmation was administered or	504
taken in an irregular manner.	505

(D)(E) If contradictory statements relating to the same fact	506
are made by the offender within the period of the statute of	507
limitations for falsification, it is not necessary for the	508
prosecution to prove which statement was false but only that one	509
or the other was false.	510

(E)(F)(1) Whoever violates division (A)(1), (2), (3), (4),	511
(5), (6), (7), (8), (10), (11), or (13) of this section is guilty	512
of falsification, a misdemeanor of the first degree.	513

(2) Whoever violates division (A)(9) of this section is	514
guilty of falsification in a theft offense. Except as otherwise	515
provided in this division, falsification in a theft offense is a	516
misdemeanor of the first degree. If the value of the property or	517
services stolen is five hundred dollars or more and is less than	518
five thousand dollars, falsification in a theft offense is a	519
felony of the fifth degree. If the value of the property or	520
services stolen is five thousand dollars or more and is less than	521
one hundred thousand dollars, falsification in a theft offense is	522
a felony of the fourth degree. If the value of the property or	523
services stolen is one hundred thousand dollars or more,	524
falsification in a theft offense is a felony of the third degree.	525

(3) Whoever violates division (A)(12) or (B) of this section	526
is guilty of falsification to purchase a firearm, a felony of the	527
fifth degree.	528

(F)(4) Whoever violates division (A)(14) or (C) of this	529
section is guilty of falsification to obtain a concealed handgun	530
license, a felony of the fourth degree.	531

(G) A person who violates this section is liable in a civil	532
action to any person harmed by the violation for injury, death, or	533
loss to person or property incurred as a result of the commission	534
of the offense and for reasonable attorney's fees, court costs,	535
and other expenses incurred as a result of prosecuting the civil	536
action commenced under this division. A civil action under this	537
division is not the exclusive remedy of a person who incurs	538
injury, death, or loss to person or property as a result of a	539
violation of this section.	540

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	541
Revised Code:	542

(A) "Deadly weapon" means any instrument, device, or thing	543
capable of inflicting death, and designed or specially adapted for	544
use as a weapon, or possessed, carried, or used as a weapon.	545

(B)(1) "Firearm" means any deadly weapon capable of expelling	546
or propelling one or more projectiles by the action of an	547
explosive or combustible propellant. "Firearm" includes an	548
unloaded firearm, and any firearm that is inoperable but that can	549
readily be rendered operable.	550

(2) When determining whether a firearm is capable of	551
expelling or propelling one or more projectiles by the action of	552
an explosive or combustible propellant, the trier of fact may rely	553
upon circumstantial evidence, including, but not limited to, the	554
representations and actions of the individual exercising control	555
over the firearm.	556

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

557

(1) Any firearm that has a short stock and is designed to be	558
held and fired while being held in oneby the use of a single	559
hand;	560

(2) Any combination of parts from which a firearm of a type	561
described in division (C)(1) of this section can be assembled.	562

(D) "Semi-automatic firearm" means any firearm designed or	563
specially adapted to fire a single cartridge and automatically	564
chamber a succeeding cartridge ready to fire, with a single	565
function of the trigger.	566

(E) "Automatic firearm" means any firearm designed or	567
specially adapted to fire a succession of cartridges with a single	568
function of the trigger. "Automatic firearm" also means any	569
semi-automatic firearm designed or specially adapted to fire more	570
than thirty-one cartridges without reloading, other than a firearm	571
chambering only .22 caliber short, long, or long-rifle cartridges.	572

(F) "Sawed-off firearm" means a shotgun with a barrel less	573
than eighteen inches long, or a rifle with a barrel less than	574
sixteen inches long, or a shotgun or rifle less than twenty-six	575
inches long overall.	576

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

577

(1) Any firearm of crude and extemporized manufacture;

578

(2) Any device, including without limitation a starter's	579
pistol, that is not designed as a firearm, but that is specially	580
adapted for use as a firearm;	581

(3) Any industrial tool, signalling device, or safety device,	582
that is not designed as a firearm, but that as designed is capable	583
of use as such, when possessed, carried, or used as a firearm.	584

(H) "Explosive device" means any device designed or specially	585
adapted to cause physical harm to persons or property by means of	586
an explosion, and consisting of an explosive substance or agency	587
and a means to detonate it. "Explosive device" includes without	588
limitation any bomb, any explosive demolition device, any blasting	589
cap or detonator containing an explosive charge, and any pressure	590
vessel that has been knowingly tampered with or arranged so as to	591
explode.	592

(I) "Incendiary device" means any firebomb, and any device	593
designed or specially adapted to cause physical harm to persons or	594
property by means of fire, and consisting of an incendiary	595
substance or agency and a means to ignite it.	596

(J) "Ballistic knife" means a knife with a detachable blade	597
that is propelled by a spring-operated mechanism.	598

(K) "Dangerous ordnance" means any of the following, except	599
as provided in division (L) of this section:	600

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	601
knife;	602

(2) Any explosive device or incendiary device;

603

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	604
cyclonite, TNT, picric acid, and other high explosives; amatol,	605
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	606
explosive compositions; plastic explosives; dynamite, blasting	607
gelatin, gelatin dynamite, sensitized ammonium nitrate,	608
liquid-oxygen blasting explosives, blasting powder, and other	609
blasting agents; and any other explosive substance having	610
sufficient brisance or power to be particularly suitable for use	611
as a military explosive, or for use in mining, quarrying,	612
excavating, or demolitions;	613

(4) Any firearm, rocket launcher, mortar, artillery piece,	614
grenade, mine, bomb, torpedo, or similar weapon, designed and	615
manufactured for military purposes, and the ammunition for that	616
weapon;	617

(5) Any firearm muffler or silencer;

618

(6) Any combination of parts that is intended by the owner	619
for use in converting any firearm or other device into a dangerous	620
ordnance.	621

(L) "Dangerous ordnance" does not include any of the	622
following:	623

(1) Any firearm, including a military weapon and the	624
ammunition for that weapon, and regardless of its actual age, that	625
employs a percussion cap or other obsolete ignition system, or	626
that is designed and safe for use only with black powder;	627

(2) Any pistol, rifle, or shotgun, designed or suitable for	628
sporting purposes, including a military weapon as issued or as	629
modified, and the ammunition for that weapon, unless the firearm	630
is an automatic or sawed-off firearm;	631

(3) Any cannon or other artillery piece that, regardless of	632
its actual age, is of a type in accepted use prior to 1887, has no	633
mechanical, hydraulic, pneumatic, or other system for absorbing	634
recoil and returning the tube into battery without displacing the	635
carriage, and is designed and safe for use only with black powder;	636

(4) Black powder, priming quills, and percussion caps	637
possessed and lawfully used to fire a cannon of a type defined in	638
division (L)(3) of this section during displays, celebrations,	639
organized matches or shoots, and target practice, and smokeless	640
and black powder, primers, and percussion caps possessed and	641
lawfully used as a propellant or ignition device in small-arms or	642
small-arms ammunition;	643

(5) Dangerous ordnance that is inoperable or inert and cannot	644
readily be rendered operable or activated, and that is kept as a	645
trophy, souvenir, curio, or museum piece.	646

(6) Any device that is expressly excepted from the definition	647
of a destructive device pursuant to the "Gun Control Act of 1968,"	648
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	649
issued under that act.	650

(M) "Explosive" means any chemical compound, mixture, or	651
device, the primary or common purpose of which is to function by	652
explosion. "Explosive" includes all materials that have been	653
classified as class A, class B, or class C explosives by the	654
United States department of transportation in its regulations and	655
includes, but is not limited to, dynamite, black powder, pellet	656
powders, initiating explosives, blasting caps, electric blasting	657
caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses,	658
instantaneous fuses, and igniter cords and igniters. "Explosive"	659
does not include "fireworks," as defined in section 3743.01 of the	660
Revised Code, or any explosive that is not subject to regulation	661
under the rules of the fire marshal adopted pursuant to section	662
3737.82 of the Revised Code.	663

Sec. 2923.12.  (A) No person shall knowingly carry or have,	664
concealed on his or herthe person's person or concealed ready at	665
hand, any of the following:	666

(1) A deadly weapon orother than a handgun;

667

(2) A handgun other than a dangerous ordnance;

668

(3) A dangerous ordnance.

669

(B) No person who has been issued a license to carry a	670
concealed handgun under section 2923.125 of the Revised Code or a	671
license to carry a concealed hangun that was issued by another	672
state with which the attorney general has entered into a	673
reciprocity agreement under section 109.69 of the Revised Code,	674
who is stopped for a law enforcement purpose, and who is carrying	675
a concealed handgun shall fail to promptly inform any law	676
enforcement officer who approaches the person after the person has	677
been stopped that the person has been issued a license to carry a	678
concealed handgun and that the person then is carrying a concealed	679
handgun.	680

(C)(1) This section does not apply to officers, agents, or	681
employees of this or any other state or the United States, or to	682
law enforcement officers, authorized to carry concealed weapons or	683
dangerous ordnance, and acting within the scope of their duties.	684

(2) Division (A)(2) of this section does not apply to any of	685
the following:	686

(a) An officer, agent, or employee of this or any other state	687
or the United States, or a law enforcement officer, who is	688
authorized to carry a handgun and acting within the scope of the	689
officer's, agent's, or employee's duties;	690

(b) A person who, at the time of the alleged carrying or	691
possession of a handgun, is carrying a valid license to carry a	692
concealed handgun issued to the person under section 2923.125 of	693
the Revised Code or a license to carry a concealed handgun that	694
was issued by another state with which the attorney general has	695
entered into a reciprocity agreement under section 109.69 of the	696
Revised Code, unless the person knowingly is in a place described	697
in division (B) of section 2923.126 of the Revised Code.	698

(C)(D) It is an affirmative defense to a charge under	699
division (A) of this section of carrying or having control of a	700
weapon other than a dangerous ordnance, that the actor was not	701
otherwise prohibited by law from having the weapon, and that any	702
of the following applyapplies:	703

(1) The weapon was carried or kept ready at hand by the actor	704
for defensive purposes, while the actor was engaged in or was	705
going to or from the actor's lawful business or occupation, which	706
business or occupation was of sucha character or was necessarily	707
carried on in sucha manner or at such a time or place as to	708
render the actor particularly susceptible to criminal attack, such	709
as would justify a prudent person in going armed.	710

(2) The weapon was carried or kept ready at hand by the actor	711
for defensive purposes, while the actor was engaged in a lawful	712
activity and had reasonable cause to fear a criminal attack upon	713
the actor or, a member of the actor's family, or upon the actor's	714
home, such as would justify a prudent person in going armed.	715

(3) The weapon was carried or kept ready at hand by the actor	716
for any lawful purpose and while in the actor's own home.	717

(4) The weapon was being transported in a motor vehicle for	718
any lawful purpose, and was not on the actor's person, and, if the	719
weapon was a firearm, was carried in compliance with the	720
applicable requirements of division (C) of section 2923.16 of the	721
Revised Code.	722

(D)(E) It is an affirmative defense to a charge under	723
division (A) of this section of carrying or having control of a	724
weapon other than a dangerous ordnance that all of the following	725
apply:	726

(1) The firearm that is the basis of the charge is a handgun.

727

(2) A temporary protection order or civil protection order	728
has been issued for the benefit or protection of the actor not	729
more than forty-five days before the date on which the act charged	730
occurred, and, at the time of the act charged, the temporary	731
protection order or civil protection order is in effect, and the	732
actor is carrying a copy of the temporary protection order or	733
civil protection order.	734

(3) If at the time of the act charged, the actor has been	735
stopped for any law enforcement purpose, the actor promptly	736
informs any law enforcement officer who approaches the actor that	737
the actor is carrying or has control of a handgun and shows the	738
officer the copy of the order described in division (E)(2) of this	739
section.	740

(4) If the actor is in a vehicle at the time of the act that	741
is the basis of the charge, one of the following applies:	742

(a) No person under eighteen years of age is in the vehicle	743
at the time of the transportation or possession charged, and	744
either the handgun is in a holster and in plain sight, or the	745
handgun is securely encased by being stored in a closed, locked	746
glove compartment or in a gun case that is in plain sight and is	747
locked.	748

(b) One or more persons under eighteen years of age is in the	749
vehicle at the time of the transportation or possession charged,	750
the handgun is not on the person of the actor, and the handgun is	751
securely encased by being stored in a closed, locked glove	752
compartment or in a gun case that is in plain sight and is locked.	753

(F) No person who is charged with a violation of this section	754
shall be required to obtain a license to carry a concealed handgun	755
under section 2923.125 of the Revised Code as a condition for the	756
dismissal of the charge.	757

(G)(1) Whoever violates this section is guilty of carrying	758
concealed weapons,. Except as otherwise provided in this division	759
or division (G)(2) of this section, carrying concealed weapons in	760
violation of division (A) of this section is a misdemeanor of the	761
first degree. IfExcept as otherwise provided in this division or	762
division (G)(2) of this section, if the offender previously has	763
been convicted of a violation of this section or of any offense of	764
violence, if the weapon involved is a firearm that is either	765
loaded or for which the offender has ammunition ready at hand, or	766
if the weapon involved is dangerous ordnance, carrying concealed	767
weapons in violation of division (A) of this section is a felony	768
of the fourth degree. IfExcept as otherwise provided in division	769
(G)(2) of this section, if the weapon involved is a firearm and	770
the violation of this section is committed at premises for which a	771
D permit has been issued under Chapter 4303. of the Revised Code	772
or if the offense is committed aboard an aircraft, or with purpose	773
to carry a concealed weapon aboard an aircraft, regardless of the	774
weapon involved, carrying concealed weapons in violation of	775
division (A) of this section is a felony of the third degree.	776

(2) If a person being arrested for a violation of division	777
(A)(2) of this section promptly produces a valid license issued	778
under section 2923.125 of the Revised Code or a license to carry a	779
concealed handgun that was issued by another state with which the	780
attorney general has entered into a reciprocity agreement under	781
section 109.69 of the Revised Code, and if at the time of the	782
violation the person was not knowingly in a place described in	783
division (B) of section 2923.126 of the Revised Code, the officer	784
shall not arrest the person for a violation of that division. If	785
the person is not able to promptly produce either type of license	786
and if the person is not in a place described in that section, the	787
officer may arrest the person for a violation of that division,	788
and the offender shall be punished as follows:	789

(a) The offender shall be guilty of a minor misdemeanor if	790
both of the following apply:	791

(i) Within ten days after the arrest, the offender presents a	792
license to carry a concealed handgun under section 2923.125 of the	793
Revised Code or a license to carry a concealed handgun that was	794
issued by another state with which the attorney general has	795
entered into a reciprocity agreement under section 109.69 of the	796
Revised Code, which license was valid at the time of the arrest to	797
the law enforcement agency that employs the arresting officer.	798

(ii) At the time of the arrest, the offender was not	799
knowingly in a place described in division (B) of section 2923.126	800
of the Revised Code.	801

(b) The offender shall be guilty of a misdemeanor and shall	802
be fined five hundred dollars if all of the following apply:	803

(i) The offender previously had been issued a license to	804
carry a concealed handgun under section 2923.125 of the Revised	805
Code or a license to carry a concealed handgun that was issued by	806
another state with which the attorney general has entered into a	807
reciprocity agreement under section 109.69 of the Revised Code,	808
and that license expired within the two years immediately	809
preceding the arrest.	810

(ii) Within forty-five days after the arrest, the offender	811
presents either type of license identified in division	812
(G)(2)(b)(i) of this section to the law enforcement agency that	813
employed the arresting officer, and the offender waives in writing	814
the offender's right to a speedy trial on the charge of the	815
violation that is provided in section 2945.71 of the Revised Code.	816

(iii) At the time of the commission of the offense, the	817
offender was not knowingly in a place described in division (B) of	818
section 2923.126 of the Revised Code.	819

(c) If neither division (G)(2)(a) nor (b) of this section	820
applies, the offender shall be punished under division (G)(1) of	821
this section.	822

(3) Carrying concealed weapons in violation of division (B)	823
of this section is a misdemeanor of the fourth degree.	824

Sec. 2923.121.  (A) No person shall possess a firearm in any	825
room in which liquor is being dispensed in premises for which a D	826
permit has been issued under Chapter 4303. of the Revised Code or	827
in an open air arena for which a permit of that nature has been	828
issued.	829

(B)(1) This section does not apply to officers, agents, or	830
employees of this or any other state or the United States, or to	831
law enforcement officers, authorized to carry firearms, and acting	832
within the scope of their duties.	833

(2) This section does not apply to any room used for the	834
accommodation of guests of a hotel, as defined in section 4301.01	835
of the Revised Code.	836

(3) This section does not prohibit any person who is a member	837
of a veteran's organization, as defined in section 2915.01 of the	838
Revised Code, from possessing a rifle in any room in any premises	839
owned, leased, or otherwise under the control of the veteran's	840
organization, if the rifle is not loaded with live ammunition and	841
if the person otherwise is not prohibited by law from having the	842
rifle.	843

(4) This section does not apply to any person possessing or	844
displaying firearms in any room used to exhibit unloaded firearms	845
for sale or trade in a soldiers' memorial established pursuant to	846
Chapter 345. of the Revised Code, in a convention center, or in	847
any other public meeting place, if the person is an exhibitor,	848
trader, purchaser, or seller of firearms and is not otherwise	849
prohibited by law from possessing, trading, purchasing, or selling	850
the firearms.	851

(C) It is an affirmative defense to a charge under this	852
section of illegal possession of a firearm in liquor permit	853
premises, that the actor was not otherwise prohibited by law from	854
having the firearm, and that any of the following apply:	855

(1) The firearm was carried or kept ready at hand by the	856
actor for defensive purposes, while the actor was engaged in or	857
was going to or from the actor's lawful business or occupation,	858
which business or occupation was of such character or was	859
necessarily carried on in such manner or at such a time or place	860
as to render the actor particularly susceptible to criminal	861
attack, such as would justify a prudent person in going armed.	862

(2) The firearm was carried or kept ready at hand by the	863
actor for defensive purposes, while the actor was engaged in a	864
lawful activity, and had reasonable cause to fear a criminal	865
attack upon the actor or a member of the actor's family, or upon	866
the actor's home, such as would justify a prudent person in going	867
armed.	868

(D) No person who is charged with a violation of this section	869
shall be required to obtain a license to carry a concealed handgun	870
under section 2923.125 of the Revised Code as a condition for the	871
dismissal of the charge.	872

(E) Whoever violates this section is guilty of illegal	873
possession of a firearm in liquor permit premises, a felony of the	874
fifth degree.	875

Sec. 2923.122.  (A) No person shall knowingly convey, or	876
attempt to convey, a deadly weapon or dangerous ordnance into a	877
school safety zone.	878

(B) No person shall knowingly possess a deadly weapon or	879
dangerous ordnance in a school safety zone.	880

(C) No person shall knowingly possess an object in a school	881
safety zone if both of the following apply:	882

(1) The object is indistinguishable from a firearm, whether	883
or not the object is capable of being fired.	884

(2) The person indicates that the person possesses the object	885
and that it is a firearm, or the person knowingly displays or	886
brandishes the object and indicates that it is a firearm.	887

(D)(1) This section does not apply to officers, agents, or	888
employees of this or any other state or the United States, or to	889
law enforcement officers, authorized to carry deadly weapons or	890
dangerous ordnance and acting within the scope of their duties, to	891
any security officer employed by a board of education or governing	892
body of a school during the time that the security officer is on	893
duty pursuant to that contract of employment, or to any other	894
person who has written authorization from the board of education	895
or governing body of a school to convey deadly weapons or	896
dangerous ordnance into a school safety zone or to possess a	897
deadly weapon or dangerous ordnance in a school safety zone and	898
who conveys or possesses the deadly weapon or dangerous ordnance	899
in accordance with that authorization.	900

(2) Division (C) of this section does not apply to premises	901
upon which home schooling is conducted. Division (C) of this	902
section also does not apply to a school administrator, teacher, or	903
employee who possesses an object that is indistinguishable from a	904
firearm for legitimate school purposes during the course of	905
employment, a student who uses an object that is indistinguishable	906
from a firearm under the direction of a school administrator,	907
teacher, or employee, or any other person who with the express	908
prior approval of a school administrator possesses an object that	909
is indistinguishable from a firearm for a legitimate purpose,	910
including the use of the object in a ceremonial activity, a play,	911
reenactment, or other dramatic presentation, or a ROTC activity or	912
another similar use of the object.	913

(3) This section does not apply to a person who conveys or	914
attempts to convey a handgun into, or possesses a handgun in, a	915
school safety zone if, at the time of that conveyance, attempted	916
conveyance, or possession of the handgun, all of the following	917
apply:	918

(a) The person does not enter into a school building or onto	919
school premises and is not at a school activity.	920

(b) The person is carrying a valid license to carry a	921
concealed handgun issued to the person under section 2923.125 of	922
the Revised Code or a license to carry a concealed handgun that	923
was issued by another state with which the attorney general has	924
entered into a reciprocity agreement under section 109.69 of the	925
Revised Code.	926

(c) The person is in the school safety zone in accordance	927
with 18 U.S.C. 922(q)(2)(B).	928

(d) The person is not knowingly in a place described in	929
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	930
Revised Code.	931

(E)(1) Whoever violates division (A) or (B) of this section	932
is guilty of illegal conveyance or possession of a deadly weapon	933
or dangerous ordnance in a school safety zone. Except as otherwise	934
provided in this division, illegal conveyance or possession of a	935
deadly weapon or dangerous ordnance in a school safety zone is a	936
felony of the fifth degree. If the offender previously has been	937
convicted of a violation of this section, illegal conveyance or	938
possession of a deadly weapon or dangerous ordnance in a school	939
safety zone is a felony of the fourth degree.	940

(2) Whoever violates division (C) of this section is guilty	941
of illegal possession of an object indistinguishable from a	942
firearm in a school safety zone. Except as otherwise provided in	943
this division, illegal possession of an object indistinguishable	944
from a firearm in a school safety zone is a misdemeanor of the	945
first degree. If the offender previously has been convicted of a	946
violation of this section, illegal possession of an object	947
indistinguishable from a firearm in a school safety zone is a	948
felony of the fifth degree.	949

(F)(1) In addition to any other penalty imposed upon a person	950
who is convicted of or pleads guilty to a violation of this	951
section and subject to division (F)(2) of this section, if the	952
offender has not attained nineteen years of age, regardless of	953
whether the offender is attending or is enrolled in a school	954
operated by a board of education or for which the state board of	955
education prescribes minimum standards under section 3301.07 of	956
the Revised Code, the court shall impose upon the offender	957
whichever of the following penalties applies:	958

(a) If the offender has been issued a probationary driver's	959
license, restricted license, driver's license, or probationary	960
commercial driver's license that then is in effect, the court	961
shall suspend for a period of not less than twelve months and not	962
more than thirty-six months that license of the offender.	963

(b) If the offender has been issued a temporary instruction	964
permit that then is in effect, the court shall revoke it and deny	965
the offender the issuance of another temporary instruction permit,	966
and the period of denial shall be for not less than twelve months	967
and not more than thirty-six months.	968

(c) If the offender has been issued a commercial driver's	969
license temporary instruction permit that then is in effect, the	970
court shall suspend the offender's driver's license, revoke the	971
commercial driver's license temporary instruction permit, and deny	972
the offender the issuance of another commercial driver's license	973
temporary instruction permit, and the period of suspension plus	974
the period of denial shall total not less than twelve months and	975
not more than thirty-six months.	976

(d) If, on the date the court imposes sentence upon the	977
offender for a violation of this section, the offender has not	978
been issued any type of license that then is in effect to operate	979
a motor vehicle in this state or a temporary instruction permit	980
that then is in effect, the court shall deny the offender the	981
issuance of a temporary instruction permit for a period of not	982
less than twelve months and not more than thirty-six months.	983

(e) If the offender is not a resident of this state, the	984
court shall suspend for a period of not less than twelve months	985
and not more than thirty-six months the nonresident operating	986
privilege of the offender.	987

(2) If the offender shows good cause why the court should not	988
suspend or revoke one of the types of licenses, permits, or	989
privileges specified in division (F)(1) of this section or deny	990
the issuance of one of the temporary instruction permits specified	991
in that division, the court in its discretion may choose not to	992
impose the suspension, revocation, or denial required in that	993
division.	994

(G) As used in this section, "object that is	995
indistinguishable from a firearm" means an object made,	996
constructed, or altered so that, to a reasonable person without	997
specialized training in firearms, the object appears to be a	998
firearm.	999

Sec. 2923.123.  (A) No person shall knowingly convey or	1000
attempt to convey a deadly weapon or dangerous ordnance into a	1001
courthouse or into another building or structure in which a	1002
courtroom is located.	1003

(B) No person shall knowingly possess or have under the	1004
person's control a deadly weapon or dangerous ordnance in a	1005
courthouse or in another building or structure in which a	1006
courtroom is located.	1007

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

1008

(1) A judge of a court of record of this state or a	1009
magistrate, unless a rule of superintendence or another type of	1010
rule adopted by the supreme court pursuant to Article IV, Ohio	1011
Constitution, or an applicable local rule of court prohibits all	1012
persons from conveying or attempting to convey a deadly weapon or	1013
dangerous ordnance into a courthouse or into another building or	1014
structure in which a courtroom is located or from possessing or	1015
having under one's control a deadly weapon or dangerous ordnance	1016
in a courthouse or in another building or structure in which a	1017
courtroom is located;	1018

(2) A peace officer, or an officer of a law enforcement	1019
agency of another state, a political subdivision of another state,	1020
or the United States, who is authorized to carry a deadly weapon	1021
or dangerous ordnance, who possesses or has under that	1022
individual's control a deadly weapon or dangerous ordnance as a	1023
requirement of that individual's duties, and who is acting within	1024
the scope of that individual's duties at the time of that	1025
possession or control, unless a rule of superintendence or another	1026
type of rule adopted by the supreme court pursuant to Article IV,	1027
Ohio Constitution, or an applicable local rule of court prohibits	1028
all persons from conveying or attempting to convey a deadly weapon	1029
or dangerous ordnance into a courthouse or into another building	1030
or structure in which a courtroom is located or from possessing or	1031
having under one's control a deadly weapon or dangerous ordnance	1032
in a courthouse or in another building or structure in which a	1033
courtroom is located;	1034

(3) A person who conveys, attempts to convey, possesses, or	1035
has under the person's control a deadly weapon or dangerous	1036
ordnance that is to be used as evidence in a pending criminal or	1037
civil action or proceeding;	1038

(4) A bailiff or deputy bailiff of a court of record of this	1039
state who is authorized to carry a firearm pursuant to section	1040
109.77 of the Revised Code, who possesses or has under that	1041
individual's control a firearm as a requirement of that	1042
individual's duties, and who is acting within the scope of that	1043
individual's duties at the time of that possession or control,	1044
unless a rule of superintendence or another type of rule adopted	1045
by the supreme court pursuant to Article IV, Ohio Constitution, or	1046
an applicable local rule of court prohibits all persons from	1047
conveying or attempting to convey a deadly weapon or dangerous	1048
ordnance into a courthouse or into another building or structure	1049
in which a courtroom is located or from possessing or having under	1050
one's control a deadly weapon or dangerous ordnance in a	1051
courthouse or in another building or structure in which a	1052
courtroom is located;	1053

(5) A prosecutor, or a secret service officer appointed by a	1054
county prosecuting attorney, who is authorized to carry a deadly	1055
weapon or dangerous ordnance in the performance of the	1056
individual's duties, who possesses or has under that individual's	1057
control a deadly weapon or dangerous ordnance as a requirement of	1058
that individual's duties, and who is acting within the scope of	1059
that individual's duties at the time of that possession or	1060
control, unless a rule of superintendence or another type of rule	1061
adopted by the supreme court pursuant to Article IV of the Ohio	1062
Constitution or an applicable local rule of court prohibits all	1063
persons from conveying or attempting to convey a deadly weapon or	1064
dangerous ordnance into a courthouse or into another building or	1065
structure in which a courtroom is located or from possessing or	1066
having under one's control a deadly weapon or dangerous ordnance	1067
in a courthouse or in another building or structure in which a	1068
courtroom is located;	1069

(6) A person who conveys or attempts to convey a handgun into	1070
a courthouse or into another building or structure in which a	1071
courtroom is located, who, at the time of the conveyance or	1072
attempt, is carrying a valid license to carry a concealed handgun	1073
issued to the person under section 2923.125 of the Revised Code or	1074
a license to carry a concealed handgun that was issued by another	1075
state with which the attorney general has entered into a	1076
reciprocity agreement under section 109.69 of the Revised Code,	1077
and who transfers possession of the handgun to the officer or	1078
officer's designee who has charge of the courthouse or building.	1079
The officer shall secure the handgun until the licensee is	1080
prepared to leave the premises. The exemption described in this	1081
division applies only if the officer who has charge of the	1082
courthouse or building provides services of the nature described	1083
in this division. An officer who has charge of the courthouse or	1084
building is not required to offer services of the nature described	1085
in this division. The exemption described in this division does	1086
not apply if a rule of superintendence or another type of rule	1087
adopted by the supreme court pursuant to Article IV, Ohio	1088
Constitution, or if an applicable local rule of court prohibits	1089
all persons from conveying or attempting to convey a deadly weapon	1090
or dangerous ordnance into a courthouse or into another building	1091
or structure in which a courtroom is located or from possessing or	1092
having under one's control a deadly weapon or dangerous ordnance	1093
in a courthouse or in another building or structure in which a	1094
courtroom is located.	1095

(D)(1) Whoever violates division (A) of this section is	1096
guilty of illegal conveyance of a deadly weapon or dangerous	1097
ordnance into a courthouse. Except as otherwise provided in this	1098
division, illegal conveyance of a deadly weapon or dangerous	1099
ordnance into a courthouse is a felony of the fifth degree. If the	1100
offender previously has been convicted of a violation of division	1101
(A) or (B) of this section, illegal conveyance of a deadly weapon	1102
or dangerous ordnance into a courthouse is a felony of the fourth	1103
degree.	1104

(2) Whoever violates division (B) of this section is guilty	1105
of illegal possession or control of a deadly weapon or dangerous	1106
ordnance in a courthouse. Except as otherwise provided in this	1107
division, illegal possession or control of a deadly weapon or	1108
dangerous ordnance in a courthouse is a felony of the fifth	1109
degree. If the offender previously has been convicted of a	1110
violation of division (A) or (B) of this section, illegal	1111
possession or control of a deadly weapon or dangerous ordnance in	1112
a courthouse is a felony of the fourth degree.	1113

(E) As used in this section:

1114

(1) "Magistrate" means an individual who is appointed by a	1115
court of record of this state and who has the powers and may	1116
perform the functions specified in Civil Rule 53, Criminal Rule	1117
19, or Juvenile Rule 40.	1118

(2) "Peace officer" and "prosecutor" have the same meanings	1119
as in section 2935.01 of the Revised Code.	1120

Sec. 2923.124. As used in sections 2923.124 to 2923.1212 of	1121
the Revised Code:	1122

(A) "Application form" means the application form prescribed	1123
pursuant to division (A)(1) of section 109.731 of the Revised Code	1124
and includes a copy of that form.	1125

(B) "Competency certification" and "competency certificate"	1126
mean a document of the type described in division (B)(3) of	1127
section 2923.125 of the Revised Code.	1128

(C) "Detention facility" has the same meaning as in section	1129
2921.01 of the Revised Code.	1130

(D) "Licensee" means a person to whom a license to carry a	1131
concealed handgun has been issued under section 2923.125 of the	1132
Revised Code.	1133

(E) "License fee" or "license renewal fee" means the fee for	1134
a license to carry a concealed handgun or the fee to renew that	1135
license that is prescribed pursuant to division (C) of section	1136
109.731 of the Revised Code and that is to be paid by an applicant	1137
for a license of that type.	1138

(F) "Peace officer" has the same meaning as in section	1139
2935.01 of the Revised Code.	1140

(G) "State correctional institution" has the same meaning as	1141
in section 2967.01 of the Revised Code.	1142

(H) "Valid license" means a license to carry a concealed	1143
handgun that has been issued under section 2923.125 of the Revised	1144
Code, that is currently valid, that is not under a suspension	1145
under division (A)(1) of section 2923.128 of the Revised Code, and	1146
that has not been revoked under division (B)(1) of section	1147
2923.128 of the Revised Code.	1148

(I) "Civil protection order" means a protection order issued,	1149
or consent agreement approved, under section 2903.214 or 3113.31	1150
of the Revised Code.	1151

(J) "Temporary protection order" means a protection order	1152
issued under section 2903.213 or 2919.26 of the Revised Code.	1153

(K) "Protection order issued by a court of another state" has	1154
the same meaning as in section 2919.27 of the Revised Code.	1155

(L) "Child day-care center," "type A family day-care home"	1156
and "type B family day-care home" have the same meanings as in	1157
section 5104.01 of the Revised Code.	1158

(M) "Type C family day-care home" means a family day-care	1159
home authorized to provide child day-care by Sub. H.B. 62 of the	1160
121st General Assembly, as amended by Am. Sub. S.B. 160 of the	1161
121st General Assembly and Sub. H.B. 407 of the 123rd General	1162
Assembly.	1163

(N) "Foreign air transportation," "interstate air	1164
transportation," and "intrastate air transportation" have the same	1165
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1166

Sec. 2923.125.  (A) Upon the request of a person who wishes	1167
to obtain a license to carry a concealed handgun or to renew a	1168
license to carry a concealed handgun, a sheriff shall provide to	1169
the person free of charge an application form and a copy of the	1170
pamphlet described in division (B) of section 109.731 of the	1171
Revised Code.	1172

(B) An applicant for a license to carry a concealed handgun	1173
shall submit a completed application form and all of the following	1174
to the sheriff of the county in which the applicant resides or to	1175
the sheriff of any county adjacent to the county in which the	1176
applicant resides:	1177

(1) A nonrefundable license fee prescribed by the Ohio peace	1178
officer training commission pursuant to division (C) of section	1179
109.731 of the Revised Code, except that the sheriff shall waive	1180
the payment of the license fee in connection with an initial or	1181
renewal application for a license that is submitted by an	1182
applicant who is a retired peace officer, a retired person	1183
described in division (B)(1)(b) of section 109.77 of the Revised	1184
Code, or a retired federal law enforcement officer who, prior to	1185
retirement, was authorized under federal law to carry a firearm in	1186
the course of duty, unless the retired peace officer, person, or	1187
federal law enforcement officer retired as the result of a mental	1188
disability;	1189

(2) A color photograph of the applicant that was taken within	1190
thirty days prior to the date of the application;	1191

(3) One or more of the following competency certifications,	1192
each of which shall reflect that, regarding a certification	1193
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1194
section, within the three years immediately preceding the	1195
application the applicant has performed that to which the	1196
competency certification relates and that, regarding a	1197
certification described in division (B)(3)(d) of this section, the	1198
applicant currently is an active or reserve member of the armed	1199
forces of the United States or within the six years immediately	1200
preceding the application the honorable discharge or retirement to	1201
which the competency certification relates occurred:	1202

(a) An original or photocopy of a certificate of completion	1203
of a firearms safety, training, or requalification or firearms	1204
safety instructor course, class, or program that was offered by or	1205
under the auspices of the national rifle association and that	1206
complies with the requirements set forth in division (G) of this	1207
section;	1208

(b) An original or photocopy of a certificate of completion	1209
of a firearms safety, training, or requalification or firearms	1210
safety instructor course, class, or program that satisfies all of	1211
the following criteria:	1212

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

1213

(ii) It utilized qualified instructors who were certified by	1214
the national rifle association, the executive director of the Ohio	1215
peace officer training commission pursuant to section 109.75 or	1216
109.78 of the Revised Code, or a governmental official or entity	1217
of another state.	1218

(iii) It was offered by or under the auspices of a law	1219
enforcement agency of this or another state or the United States,	1220
a public or private college, university, or other similar	1221
postsecondary educational institution located in this or another	1222
state, a firearms training school located in this or another	1223
state, or another type of public or private entity or organization	1224
located in this or another state.	1225

(iv) It complies with the requirements set forth in division	1226
(G) of this section.	1227

(c) An original or photocopy of a certificate of completion	1228
of a state, county, municipal, or department of natural resources	1229
peace officer training school that is approved by the executive	1230
director of the Ohio peace officer training commission pursuant to	1231
section 109.75 of the Revised Code and that complies with the	1232
requirements set forth in division (G) of this section, or the	1233
applicant has satisfactorily completed and been issued a	1234
certificate of completion of a basic firearms training program, a	1235
firearms requalification training program, or another basic	1236
training program described in section 109.78 or 109.801 of the	1237
Revised Code that complies with the requirements set forth in	1238
division (G) of this section;	1239

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

1240

(i) That the applicant is an active or reserve member of the	1241
armed forces of the United States, was honorably discharged from	1242
military service in the active or reserve armed forces of the	1243
United States, is a retired trooper of the state highway patrol,	1244
or is a retired peace officer or federal law enforcement officer	1245
described in division (B)(1) of this section or a retired person	1246
described in division (B)(1)(b) of section 109.77 of the Revised	1247
Code and division (B)(1) of this section;	1248

(ii) That, through participation in the military service or	1249
through the former employment described in division (B)(3)(d)(i)	1250
of this section, the applicant acquired experience with handling	1251
handguns or other firearms, and the experience so acquired was	1252
equivalent to training that the applicant could have acquired in a	1253
course, class, or program described in division (B)(3)(a), (b), or	1254
(c) of this section.	1255

(e) A certificate or another similar document that evidences	1256
satisfactory completion of a firearms training, safety, or	1257
requalification or firearms safety instructor course, class, or	1258
program that is not otherwise described in division (B)(3)(a),	1259
(b), (c), or (d) of this section, that was conducted by an	1260
instructor who was certified by an official or entity of the	1261
government of this or another state or the United States or by the	1262
national rifle association, and that complies with the	1263
requirements set forth in division (G) of this section;	1264

(f) An affidavit that attests to the applicant's satisfactory	1265
completion of a course, class, or program described in division	1266
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1267
by the applicant's instructor or an authorized representative of	1268
the entity that offered the course, class, or program or under	1269
whose auspices the course, class, or program was offered.	1270

(4) A certification by the applicant that the applicant has	1271
read the pamphlet prepared by the Ohio peace officer training	1272
commission pursuant to section 109.731 of the Revised Code that	1273
reviews firearms, dispute resolution, and use of deadly force	1274
matters.	1275

(5) A set of fingerprints of the applicant provided as	1276
described in section 311.41 of the Revised Code through use of an	1277
electronic fingerprint reading device or, if the sheriff to whom	1278
the application is submitted does not possess and does not have	1279
ready access to the use of such a reading device, on a standard	1280
impression sheet prescribed pursuant to division (C)(2) of section	1281
109.572 of the Revised Code.	1282

(C) Upon receipt of an applicant's completed application	1283
form, supporting documentation, and, if not waived, license fee, a	1284
sheriff shall conduct or cause to be conducted the criminal	1285
records check and the incompetency records check described in	1286
section 311.41 of the Revised Code.	1287

(D)(1) Except as provided in division (D)(3), (4), or (5) of	1288
this section, within forty-five days after receipt of an	1289
applicant's completed application form for a license to carry a	1290
concealed handgun, the supporting documentation, and, if not	1291
waived, license fee, a sheriff shall issue to the applicant a	1292
license to carry a concealed handgun that shall expire four years	1293
after the date of issuance if all of the following apply:	1294

(a) The applicant has been a resident of this state for at	1295
least forty-five days and a resident of the county in which the	1296
person seeks the license or a county adjacent to the county in	1297
which the person seeks the license for at least thirty days.	1298

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

1299

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

1300

(d) The applicant is not under indictment for or otherwise	1301
charged with a felony; an offense under Chapter 2925., 3719., or	1302
4729. of the Revised Code that involves the illegal possession,	1303
use, sale, administration, or distribution of or trafficking in a	1304
drug of abuse; a misdemeanor offense of violence; or a violation	1305
of section 2903.14 or 2923.1211 of the Revised Code.	1306

(e) The applicant has not been convicted of or pleaded guilty	1307
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1308
the Revised Code that involves the illegal possession, use, sale,	1309
administration, or distribution of or trafficking in a drug of	1310
abuse; has not been adjudicated a delinquent child for committing	1311
an act that if committed by an adult would be a felony or would be	1312
an offense under Chapter 2925., 3719., or 4729. of the Revised	1313
Code that involves the illegal possession, use, sale,	1314
administration, or distribution of or trafficking in a drug of	1315
abuse; and has not been convicted of, pleaded guilty to, or	1316
adjudicated a delinquent child for committing a violation of	1317
section 2903.13 of the Revised Code when the victim of the	1318
violation is a peace officer, regardless of whether the applicant	1319
was sentenced under division (C)(3) of that section.	1320

(f) The applicant, within three years of the date of the	1321
application, has not been convicted of or pleaded guilty to a	1322
misdemeanor offense of violence other than a misdemeanor violation	1323
of section 2921.33 of the Revised Code or a violation of section	1324
2903.13 of the Revised Code when the victim of the violation is a	1325
peace officer, or a misdemeanor violation of section 2923.1211 of	1326
the Revised Code; and has not been adjudicated a delinquent child	1327
for committing an act that if committed by an adult would be a	1328
misdemeanor offense of violence other than a misdemeanor violation	1329
of section 2921.33 of the Revised Code or a violation of section	1330
2903.13 of the Revised Code when the victim of the violation is a	1331
peace officer or for committing an act that if committed by an	1332
adult would be a misdemeanor violation of section 2923.1211 of the	1333
Revised Code.	1334

(g) Except as otherwise provided in division (D)(1)(e) of	1335
this section, the applicant, within five years of the date of the	1336
application, has not been convicted of, pleaded guilty to, or	1337
adjudicated a delinquent child for committing two or more	1338
violations of section 2903.13 or 2903.14 of the Revised Code.	1339

(h) The applicant, within ten years of the date of the	1340
application, has not been convicted of, pleaded guilty to, or	1341
adjudicated a delinquent child for committing a violation of	1342
section 2921.33 of the Revised Code.	1343

(i) The applicant has not been adjudicated as a mental	1344
defective, has not been committed to any mental institution, is	1345
not under adjudication of mental incompetence, has not been found	1346
by a court to be a mentally ill person subject to hospitalization	1347
by court order, and is not an involuntary patient other than one	1348
who is a patient only for purposes of observation. As used in this	1349
division, "mentally ill person subject to hospitalization by court	1350
order" and "patient" have the same meanings as in section 5122.01	1351
of the Revised Code.	1352

(j) The applicant is not currently subject to a civil	1353
protection order, a temporary protection order, or a protection	1354
order issued by a court of another state.	1355

(k) The applicant certifies that the applicant desires a	1356
legal means to carry a concealed handgun for defense of the	1357
applicant or a member of the applicant's family while engaged in	1358
lawful activity.	1359

(l) The applicant submits a competency certification of the	1360
type described in division (B)(3) of this section and submits a	1361
certification of the type described in division (B)(4) of this	1362
section regarding the applicant's reading of the pamphlet prepared	1363
by the Ohio peace officer training commission pursuant to section	1364
109.731 of the Revised Code.	1365

(2)(a) If a sheriff issues a license under this section, the	1366
sheriff shall place on the license a unique combination of letters	1367
and numbers identifying the license in accordance with the	1368
procedure prescribed by the Ohio peace officer training commission	1369
pursuant to section 109.731 of the Revised Code.	1370

(b) If a sheriff denies an application under this section	1371
because the applicant does not satisfy the criteria described in	1372
division (D)(1) of this section, the sheriff shall specify the	1373
grounds for the denial in a written notice to the applicant. The	1374
applicant may appeal the denial pursuant to section 119.12 of the	1375
Revised Code. If the denial was as a result of the criminal	1376
records check conducted pursuant to section 311.41 of the Revised	1377
Code and if, pursuant to section 2923.127 of the Revised Code, the	1378
applicant challenges the criminal records check results using the	1379
appropriate challenge and review procedure specified in that	1380
section, the time for filing the appeal pursuant to section 119.12	1381
of the Revised Code is tolled during the pendency of the request	1382
or the challenge and review. If the court in an appeal under	1383
section 119.12 of the Revised Code enters a judgment sustaining	1384
the sheriff's refusal to grant to the applicant a license to carry	1385
a concealed handgun, the applicant may file a new application	1386
beginning one year after the judgment is entered. If the court	1387
enters a judgment in favor of the applicant, that judgment shall	1388
not restrict the authority of a sheriff to suspend or revoke the	1389
license pursuant to section 2923.128 of the Revised Code or to	1390
refuse to renew the license for any proper cause that may occur	1391
after the date the judgment is entered. In the appeal, the court	1392
shall have full power to dispose of all costs.	1393

(3) If the sheriff with whom an application for a license to	1394
carry a concealed handgun was filed becomes aware that the	1395
applicant has been arrested for or otherwise charged with an	1396
offense that would disqualify the applicant from holding the	1397
license, the sheriff shall suspend the processing of the	1398
application until the disposition of the case arising from the	1399
arrest or charge.	1400

(4) If the sheriff determines the applicant is a resident of	1401
the county in which the applicant seeks the license or of an	1402
adjacent county but does not yet meet the residency requirements	1403
described in division (D)(1)(a) of this section, the sheriff shall	1404
not deny the license because of the residency requirements but	1405
shall not issue the license until the applicant meets those	1406
residency requirements.	1407

(E) If a license to carry a concealed handgun issued under	1408
this section is lost or is destroyed, the licensee may obtain from	1409
the sheriff who issued that license a duplicate license upon the	1410
payment of a fee of fifteen dollars and the submission of an	1411
affidavit attesting to the loss or destruction of the license. The	1412
sheriff, in accordance with the procedures prescribed in section	1413
109.731 of the Revised Code, shall place on the replacement	1414
license a combination of identifying numbers different from the	1415
combination on the license that is being replaced.	1416

(F) A licensee who wishes to renew a license to carry a	1417
concealed handgun shall do so within thirty days after the	1418
expiration date of the license by filing with the sheriff of the	1419
county in which the applicant resides or with the sheriff of an	1420
adjacent county an application for renewal of the license obtained	1421
pursuant to division (D) of this section, a new color photograph	1422
of the licensee that was taken within thirty days prior to the	1423
date of the renewal application, a certification by the applicant	1424
that, subsequent to the issuance of the license, the applicant has	1425
reread the pamphlet prepared by the Ohio peace officer training	1426
commission pursuant to section 109.731 of the Revised Code that	1427
reviews firearms, dispute resolution, and use of deadly force	1428
matters, a new set of fingerprints provided in the manner	1429
specified in division (D)(4) of section 2923.125 of the Revised	1430
Code regarding initial applications for a license to carry a	1431
concealed handgun, and a nonrefundable license renewal fee unless	1432
the fee is waived. The licensee also shall submit a competency	1433
certification of the type described in division (B)(3) of this	1434
section that is not older than six years or a renewed competency	1435
certification of the type described in division (G)(4) of this	1436
section that is not older than six years.	1437

Upon receipt of a completed renewal application, color	1438
photograph, certification that the applicant has reread the	1439
specified pamphlet prepared by the Ohio peace officer training	1440
commission, new set of fingerprints, competency certification or	1441
renewed competency certification, and license renewal fee unless	1442
the fee is waived, a sheriff shall conduct or cause to be	1443
conducted the criminal records check and the incompetency records	1444
check described in section 311.41 of the Revised Code. The sheriff	1445
shall renew the license if the sheriff determines that the	1446
applicant continues to satisfy the requirements described in	1447
division (D)(1) of this section, except that the applicant is	1448
required to submit a renewed competency certification only in the	1449
circumstances described in division (G)(4) of this section. A	1450
renewed license shall expire four years after the date of issuance	1451
and is subject to division (E) of this section and sections	1452
2923.126 and 2923.128 of the Revised Code. A sheriff shall comply	1453
with divisions (D)(2) to (4) of this section when the	1454
circumstances described in those divisions apply to a requested	1455
license renewal.	1456

(G)(1) Each course, class, or program described in division	1457
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1458
person who takes the course, class, or program a copy of the	1459
pamphlet prepared by the Ohio peace officer training commission	1460
pursuant to section 109.731 of the Revised Code that reviews	1461
firearms, dispute resolution, and use of deadly force matters.	1462
Each such course, class, or program described in one of those	1463
divisions shall include at least twelve hours of training in the	1464
safe handling and use of a firearm that shall include all of the	1465
following:	1466

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

1467

(i) The ability to name, explain, and demonstrate the rules	1468
for safe handling of a handgun and proper storage practices for	1469
handguns and ammunition;	1470

(ii) The ability to demonstrate and explain how to handle	1471
ammunition in a safe manner;	1472

(iii) The ability to demonstrate the knowledge, skills, and	1473
attitude necessary to shoot a handgun in a safe manner;	1474

(iv) Gun handling training.

1475

(b) At least two hours of training that consists of range	1476
time and live-fire training.	1477

(2) To satisfactorily complete the course, class, or program	1478
described in division (B)(3)(a), (b), (c), or (e) of this section,	1479
the applicant shall pass a competency examination that shall	1480
include both of the following:	1481

(a) A written section on the ability to name and explain the	1482
rules for the safe handling of a handgun and proper storage	1483
practices for handguns and ammunition;	1484

(b) A physical demonstration of competence in the use of a	1485
handgun and in the rules for safe handling and storage of a	1486
handgun and a physical demonstration of the attitude necessary to	1487
shoot a handgun in a safe manner.	1488

(3) The competency certification described in division	1489
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1490
shall attest that the course, class, or program the applicant	1491
successfully completed met the requirements described in division	1492
(G)(1) of this section and that the applicant passed the	1493
competency examination described in division (G)(2) of this	1494
section.	1495

(4) A person who has received a competency certification as	1496
described in division (B)(3) of this section, or who previously	1497
has received a renewed competency certification as described in	1498
this division, may obtain a renewed competency certification	1499
pursuant to this division. If the person has received a competency	1500
certification within the preceding six years, or previously has	1501
received a renewed competency certification within the preceding	1502
six years, the person may obtain a renewed competency	1503
certification from an entity that offers a course, class, or	1504
program described in division (B)(3)(a), (b), (c), or (e) of this	1505
section by passing a competency examination of the type described	1506
in division (G)(2) of this section. In these circumstances, the	1507
person is not required to attend the course, class, or program in	1508
order to be eligible to take the competency examination for the	1509
renewed competency certification. If more than six years has	1510
elapsed since the person last received a competency certification	1511
or a renewed competency certification, in order for the person to	1512
obtain a renewed competency certification, the person shall both	1513
satisfactorily complete a course, class, or program described in	1514
division (B)(3)(a), (b), (c), or (e) of this section and pass a	1515
competency examination of the type described in division (G)(2) of	1516
this section. A renewed competency certification issued under this	1517
division shall be dated and shall attest that the applicant passed	1518
the competency examination of the type described in division	1519
(G)(2) of this section and, if applicable, that the person	1520
successfully completed a course, class, or program that met the	1521
requirements described in division (G)(1) of this section.	1522

(H) Upon issuing a license, issuing a replacement license, or	1523
renewing a license to carry a concealed handgun pursuant to this	1524
section, the sheriff shall make available through the law	1525
enforcement automated data system all information contained on the	1526
license. If the license subsequently is suspended under division	1527
(A)(1) of section 2923.128 of the Revised Code, revoked pursuant	1528
to division (B)(1) of section 2923.128 of the Revised Code, or	1529
lost or destroyed, the sheriff also shall make available through	1530
the law enforcement automated data system a notation of that fact.	1531
The superintendent of the state highway patrol shall ensure that	1532
the law enforcement automated data system is so configured as to	1533
permit the transmission through the system of the information	1534
specified in this division.	1535

Sec. 2923.126.  (A) A license to carry a concealed handgun	1536
that is issued under section 2923.125 of the Revised Code shall	1537
expire four years after the date of issuance. A licensee shall be	1538
granted a grace period of thirty days after the licensee's license	1539
expires during which the licensee's license remains valid. Except	1540
as provided in divisions (B) and (C) of this section, the licensee	1541
may carry a concealed handgun anywhere in this state if the	1542
licensee also carries a valid license and valid identification	1543
when the licensee is in actual possession of a concealed handgun.	1544
The licensee shall give notice of any change in the licensee's	1545
residence address to the sheriff who issued the license within	1546
forty-five days after that change. If a law enforcement officer	1547
approaches a vehicle that has been stopped as the result of a	1548
traffic stop or a stop for another law enforcement purpose, if a	1549
licensee is the driver or an occupant of that vehicle, and if the	1550
licensee possesses or has a loaded handgun at the time the officer	1551
approaches the vehicle, the licensee shall promptly inform the	1552
officer that the licensee has been issued a license to carry a	1553
concealed handgun and that the licensee currently possesses or has	1554
a loaded handgun. If a law enforcement officer otherwise	1555
approaches a person who has been stopped for a law enforcement	1556
purpose, if the person is a licensee, and if the licensee is	1557
carrying a concealed handgun at the time the officer approaches,	1558
the licensee shall promptly inform the officer that the licensee	1559
has been issued a license to carry a concealed handgun and that	1560
the licensee currently is carrying a concealed handgun.	1561

(B) A valid license does not authorize the licensee to carry	1562
a concealed handgun in any manner prohibited under division (B) of	1563
section 2923.12 of the Revised Code or in any manner prohibited	1564
under section 2923.16 of the Revised Code. A valid license does	1565
not authorize the licensee to carry a concealed handgun into any	1566
of the following places:	1567

(1) A police station, sheriff's office, or state highway	1568
patrol station, premises controlled by the bureau of criminal	1569
identification and investigation, a state correctional	1570
institution, jail, workhouse, or other detention facility, an	1571
airport passenger terminal, or an institution that is maintained,	1572
operated, managed, and governed pursuant to division (A) of	1573
section 5119.02 of the Revised Code or division (A)(1) of section	1574
5123.03 of the Revised Code;	1575

(2) A school safety zone, in violation of section 2923.122 of	1576
the Revised Code;	1577

(3) A courthouse or another building or structure in which a	1578
courtroom is located, in violation of section 2923.123 of the	1579
Revised Code;	1580

(4) Any room or open air arena in which liquor is being	1581
dispensed in premises for which a D permit has been issued under	1582
Chapter 4303. of the Revised Code, in violation of section	1583
2923.121 of the Revised Code;	1584

(5) Any premises owned or leased by any public or private	1585
college, university, or other institution of higher education,	1586
unless the handgun is in a locked motor vehicle or the licensee is	1587
in the immediate process of placing the handgun in a locked motor	1588
vehicle;	1589

(6) Any church, synagogue, mosque, or other place of worship,	1590
unless the church, synagogue, mosque, or other place of worship	1591
posts or permits otherwise;	1592

(7) A child day-care center, a type A family day-care home, a	1593
type B family day-care home, or a type C family day-care home,	1594
except that this division does not prohibit a licensee who resides	1595
in a type A family day-care home, a type B family day-care home,	1596
or a type C family day-care home from carrying a concealed handgun	1597
at any time in any part of the home that is not dedicated or used	1598
for day-care purposes, or from carrying a concealed handgun in a	1599
part of the home that is dedicated or used for day-care purposes	1600
at any time during which no children, other than children of that	1601
licensee, are in the home;	1602

(8) An aircraft that is in, or intended for operation in,	1603
foreign air transportation, interstate air transportation,	1604
intrastate air transportation, or the transportation of mail by	1605
aircraft;	1606

(9) Any building that is owned by this state or any political	1607
subdivision of this state, and all portions of any building that	1608
is not owned by any governmental entity listed in this division	1609
but that is leased by such a governmental entity listed in this	1610
division;	1611

(10) A place in which federal law prohibits the carrying of	1612
handguns.	1613

(C)(1) Nothing in this section shall negate or restrict a	1614
rule, policy, or practice of a private employer that is not a	1615
private college, university, or other institution of higher	1616
education concerning or prohibiting the presence of firearms on	1617
the private employer's premises or property, including motor	1618
vehicles owned by the private employer. Nothing in this section	1619
shall require a private employer of that nature to adopt a rule,	1620
policy, or practice concerning or prohibiting the presence of	1621
firearms on the private employer's premises or property, including	1622
motor vehicles owned by the private employer.	1623

(2)(a) A private employer shall be immune from liability in a	1624
civil action for any injury, death, or loss to person or property	1625
that allegedly was caused by or related to a licensee bringing a	1626
handgun onto the premises or property of the private employer,	1627
including motor vehicles owned by the private employer, unless the	1628
private employer acted with malicious purpose. A private employer	1629
is immune from liability in a civil action for any injury, death,	1630
or loss to person or property that allegedly was caused by or	1631
related to the private employer's decision to permit a licensee to	1632
bring, or prohibit a licensee from bringing, a handgun onto the	1633
premises or property of the private employer. As used in this	1634
division, "private employer" includes a private college,	1635
university, or other institution of higher education.	1636

(b) A political subdivision shall be immune from liability in	1637
a civil action, to the extent and in the manner provided in	1638
Chapter 2744. of the Revised Code, for any injury, death, or loss	1639
to person or property that allegedly was caused by or related to a	1640
licensee bringing a handgun onto any premises or property owned,	1641
leased, or otherwise under the control of the political	1642
subdivision. As used in this division, "political subdivision" has	1643
the same meaning as in section 2744.01 of the Revised Code.	1644

(3) The owner or person in control of private land or	1645
premises, and a private person or entity leasing land or premises	1646
owned by the state, the United States, or a political subdivision	1647
of the state or the United States, may post a sign in a	1648
conspicuous location on that land or on those premises prohibiting	1649
persons from carrying firearms or concealed firearms on or onto	1650
that land or those premises. A person who knowingly violates a	1651
posted prohibition of that nature is guilty of criminal trespass	1652
in violation of division (A)(4) of section 2911.21 of the Revised	1653
Code and is guilty of a misdemeanor of the fourth degree.	1654

(D) A person who holds a license to carry a concealed handgun	1655
that was issued pursuant to the law of another state that is	1656
recognized by the attorney general pursuant to a reciprocity	1657
agreement entered into pursuant to section 109.69 of the Revised	1658
Code has the same right to carry a concealed handgun in this state	1659
as a person who was issued a license to carry a concealed handgun	1660
under section 2923.125 of the Revised Code and is subject to the	1661
same restrictions that apply to a person who carries a license	1662
issued under that section.	1663

A peace officer has the same right to carry a concealed	1664
handgun in this state as a person who was issued a license to	1665
carry a concealed handgun under section 2923.125 of the Revised	1666
Code. For purposes of reciprocity with other states, a peace	1667
officer shall be considered to be a licensee in this state.	1668

Sec. 2923.127. (A) If a sheriff denies an application for a	1669
license to carry a concealed handgun or denies the renewal of a	1670
license to carry a concealed handgun as a result of the criminal	1671
records check conducted pursuant to section 311.41 of the Revised	1672
Code and if the applicant believes the denial was based on	1673
incorrect information reported by the source the sheriff used in	1674
conducting the criminal records check, the applicant may challenge	1675
the criminal records check results using whichever of the	1676
following is applicable:	1677

(1) If the bureau of criminal identification and	1678
investigation performed the criminal records check, by using the	1679
bureau's existing challenge and review procedures;	1680

(2) If division (A)(1) of this section does not apply, by	1681
using the sheriff's existing challenge and review procedure or, if	1682
the sheriff does not have a challenge and review procedure, using	1683
the challenge and review procedure prescribed by the bureau of	1684
criminal identification and investigation pursuant to division (B)	1685
of this section.	1686

(B) The bureau of criminal identification and investigation	1687
shall prescribe a challenge and review procedure for applicants to	1688
use to challenge criminal records checks under division (A)(2) of	1689
this section in counties in which the sheriff with whom the	1690
application for a license to carry a concealed handgun or for the	1691
renewal of a license to carry a concealed handgun was filed does	1692
not have an existing challenge and review procedure.	1693

Sec. 2923.128. (A)(1) If a licensee holding a valid license	1694
is arrested for or otherwise charged with an offense described in	1695
division (D)(1)(d) of section 2923.125 of the Revised Code or with	1696
a violation of section 2923.15 of the Revised Code or becomes	1697
subject to a temporary protection order or to a protection order	1698
issued by a court of another state that is substantially	1699
equivalent to a temporary protection order, the sheriff who issued	1700
the license shall suspend it and shall comply with division (A)(3)	1701
of this section upon becoming aware of the arrest, charge, or	1702
protection order.	1703

(2) A suspension under division (A)(1) of this section shall	1704
be considered as beginning on the date that the licensee is	1705
arrested for or otherwise charged with an offense described in	1706
that division or on the date the appropriate court issued the	1707
protection order described in that division, irrespective of when	1708
the sheriff notifies the licensee under division (A)(3) of this	1709
section. The suspension shall end on the date on which the charges	1710
are dismissed or the licensee is found not guilty of the offense	1711
described in division (A)(1) of this section or, subject to	1712
division (B) of this section, on the date the appropriate court	1713
terminates the protection order described in that division. If the	1714
suspension so ends, the sheriff shall return the license to the	1715
licensee.	1716

(3) Upon becoming aware of an arrest, charge, or protection	1717
order described in division (A)(1) of this section with respect to	1718
a licensee, the sheriff who issued the licensee's license to carry	1719
a concealed handgun shall notify the licensee, by certified mail,	1720
return receipt requested, at the licensee's last known residence	1721
address that the license has been suspended and that the licensee	1722
is required to surrender the license at the sheriff's office	1723
within ten days of the date on which the notice was mailed.	1724

(B)(1) A sheriff who issues a license to carry a concealed	1725
handgun to a licensee shall revoke the license in accordance with	1726
division (B)(2) of this section upon becoming aware that the	1727
licensee satisfies any of the following:	1728

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

1729

(b) At the time of the issuance of the license, the licensee	1730
did not satisfy the eligibility requirements of division	1731
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	1732
Revised Code.	1733

(c) On or after the date on which the license was issued, the	1734
licensee is convicted of or pleads guilty to a violation of	1735
section 2923.15 of the Revised Code or an offense described in	1736
division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the	1737
Revised Code.	1738

(d) On or after the date on which the license was issued, the	1739
licensee becomes subject to a civil protection order or to a	1740
protection order issued by a court of another state that is	1741
substantially equivalent to a civil protection order.	1742

(e) The licensee knowingly carries a concealed handgun into a	1743
place that the licensee knows is an unauthorized place specified	1744
in division (B) of section 2923.126 of the Revised Code.	1745

(f) On or after the date on which the license was issued, the	1746
licensee is adjudicated as a mental defective or is committed to a	1747
mental institution.	1748

(g) At the time of the issuance of the license, the licensee	1749
did not meet the residency requirements described in division	1750
(D)(1) of section 2923.125 of the Revised Code and currently does	1751
not meet the residency requirements described in that division.	1752

(h) The competency certificate the licensee submitted was	1753
forged or otherwise was fraudulent.	1754

(2) Upon becoming aware of any circumstance listed in	1755
division (B)(1) of this section that applies to a particular	1756
licensee, the sheriff who issued the license to carry a concealed	1757
handgun to the licensee shall notify the licensee, by certified	1758
mail, return receipt requested, at the licensee's last known	1759
residence address that the license is subject to revocation and	1760
that the licensee may come to the sheriff's office and contest the	1761
sheriff's proposed revocation within fourteen days of the date on	1762
which the notice was mailed. After the fourteen-day period and	1763
after consideration of any information that the licensee provides	1764
during that period, if the sheriff determines on the basis of the	1765
information of which the sheriff is aware that the licensee is	1766
described in division (B)(1) of this section and no longer	1767
satisfies the requirements described in division (D)(1) of section	1768
2923.125 of the Revised Code, the sheriff shall revoke the	1769
license, notify the licensee of that fact, and require the	1770
licensee to surrender the license.	1771

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1772
bureau of criminal identification and investigation, the employees	1773
of the bureau, the Ohio peace officer training commission, or the	1774
employees of the commission make a good faith effort in performing	1775
the duties imposed upon the sheriff, the superintendent, the	1776
bureau's employees, the commission, or the commission's employees	1777
by sections 109.731, 311.41, and 2923.124 to 2923.1212 of the	1778
Revised Code, in addition to the personal immunity provided by	1779
section 9.86 of the Revised Code or division (A)(6) of section	1780
2744.03 of the Revised Code and the governmental immunity of	1781
sections 2744.02 and 2744.03 of the Revised Code and in addition	1782
to any other immunity possessed by the bureau, the commission, and	1783
their employees, the sheriff, the sheriff's office, the county in	1784
which the sheriff has jurisdiction, the bureau, the superintendent	1785
of the bureau, the bureau's employees, the commission, and the	1786
commission's employees are immune from liability in a civil action	1787
for injury, death, or loss to person or property that allegedly	1788
was caused by or related to any of the following:	1789

(a) The issuance, renewal, suspension, or revocation of a	1790
license to carry a concealed handgun;	1791

(b) The failure to issue, renew, suspend, or revoke a license	1792
to carry a concealed handgun;	1793

(c) Any action or misconduct with a handgun committed by a	1794
licensee.	1795

(2) Any action of a sheriff relating to the issuance,	1796
renewal, suspension, or revocation of a license to carry a	1797
concealed handgun shall be considered to be a governmental	1798
function for purposes of Chapter 2744. of the Revised Code.	1799

(3) An entity that or instructor who provides a competency	1800
certification of a type described in division (B)(3) of section	1801
2923.125 of the Revised Code is immune from civil liability that	1802
might otherwise be incurred or imposed for any death or any injury	1803
or loss to person or property that is caused by or related to a	1804
person to whom the entity or instructor has issued the competency	1805
certificate if all of the following apply:	1806

(a) The alleged liability of the entity or instructor relates	1807
to the training provided in the course, class, or program covered	1808
by the competency certificate.	1809

(b) The entity or instructor makes a good faith effort in	1810
determining whether the person has satisfactorily completed the	1811
course, class, or program and makes a good faith effort in	1812
assessing the person in the competency examination conducted	1813
pursuant to division (G)(2) of section 2923.125 of the Revised	1814
Code.	1815

(c) The entity or instructor did not issue the competency	1816
certificate with malicious purpose, in bad faith, or in a wanton	1817
or reckless manner.	1818

(4) An entity that or instructor who provides a renewed	1819
competency certification of a type described in division (G)(4) of	1820
section 2923.125 of the Revised Code is immune from civil	1821
liability that might otherwise be incurred or imposed for any	1822
death or any injury or loss to person or property that is caused	1823
by or related to a person to whom the entity or instructor has	1824
issued the renewed competency certificate if all of the following	1825
apply:	1826

(a) The entity or instructor makes a good faith effort in	1827
assessing the person in the competency examination conducted	1828
pursuant to division (G)(2) of section 2923.125 of the Revised	1829
Code.	1830

(b) The entity or instructor did not issue the renewed	1831
competency certificate with malicious purpose, in bad faith, or in	1832
a wanton or reckless manner.	1833

(5) A law enforcement agency that employs a peace officer is	1834
immune from liability in a civil action to recover damages for	1835
injury, death, or loss to person or property allegedly caused by	1836
any act of that peace officer if the act occurred while the peace	1837
officer carried a concealed handgun and was off duty and if the	1838
act allegedly involved the peace officer's use of the concealed	1839
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	1840
Code apply to any civil action involving a peace officer's use of	1841
a concealed handgun in the performance of the peace officer's	1842
official duties while the peace officer is off duty.	1843

(B) Notwithstanding section 149.43 of the Revised Code, the	1844
records that a sheriff keeps relative to the issuance, renewal,	1845
suspension, or revocation of a license to carry a concealed	1846
handgun, including, but not limited to, completed applications for	1847
the issuance or renewal of a license, reports of criminal records	1848
checks and incompetency records checks under section 311.41 of the	1849
Revised Code, and applicants' social security numbers and	1850
fingerprints that are obtained under division (A) of section	1851
311.41 of the Revised Code, are confidential and are not public	1852
records. No person shall release or otherwise disseminate records	1853
that are confidential under this division unless required to do so	1854
pursuant to a court order.	1855

(C) Each sheriff shall report to the Ohio peace officer	1856
training commission the number of licenses to carry a concealed	1857
handgun that the sheriff issued, renewed, suspended, revoked, or	1858
denied during the previous quarter of the calendar year and the	1859
number of applications for those licenses for which processing was	1860
suspended in accordance with division (D)(3) of section 2923.125	1861
of the Revised Code during the previous quarter of the calendar	1862
year. The sheriff shall not include in the report the name or any	1863
other identifying information of an applicant or licensee. The	1864
sheriff shall report that information in a manner that permits the	1865
commission to maintain the statistics described in division (D) of	1866
section 109.731 of the Revised Code and to timely prepare the	1867
statistical report described in that division. The information	1868
that is received by the commission under this division is a public	1869
record kept by the commission for the purposes of section 149.43	1870
of the Revised Code.	1871

(D) Law enforcement agencies may use the information a	1872
sheriff makes available through the use of the law enforcement	1873
automated data system pursuant to division (H) of section 2923.125	1874
of the Revised Code for law enforcement purposes only. The	1875
information is confidential and is not a public record. No person	1876
shall release or otherwise disseminate this information obtained	1877
through the law enforcement automated data system in a manner not	1878
described in this division unless a court order requires the	1879
person to do so.	1880

(E) Whoever violates division (B) or (D) of this section is	1881
guilty of illegal release of confidential concealed handgun	1882
license records, a felony of the fifth degree. In addition to any	1883
penalties imposed for the violation under Chapter 2929. of the	1884
Revised Code, if the offender is a sheriff, an employee of a	1885
sheriff, or any other public officer or employee, and if the	1886
violation was willful and deliberate, the offender shall be	1887
subject to a civil fine of one thousand dollars. Any person who is	1888
harmed by a violation of division (B), (C), or (D) of this section	1889
has a private cause of action against the offender for any injury,	1890
death, or loss to person or property that is a proximate result of	1891
the violation and may recover court costs and attorney's fees	1892
related to the action.	1893

Sec. 2923.1210.  The application for a license to carry a	1894
concealed handgun or for the renewal of a license of that nature	1895
that is to be used under section 2923.125 of the Revised Code	1896
shall conform substantially to the following form:	1897

SECTION II.

1902

Name:

1903

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

1906

Current Residence:

1907

Mailing Address (If Different From Above):

1910

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

1915

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	1929
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	1930
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	1931
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	1932
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	1933
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	1934
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE relevant	1935
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	1936
AT THE END OF THIS SECTION.	1937

Residence 1:

1938

Residence 2:

1942

Residence 3:

1946

Residence 4:

1950

SECTION V.

1954

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	1955
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	1956
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	1957
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	1958
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	1959

(1) I have been furnished, and have read, the pamphlet that	1960
explains the Ohio firearms laws, that provides instruction in	1961
dispute resolution and explains the Ohio laws related to that	1962
matter, and that provides information regarding all aspects	1963
of the use of deadly force with a firearm, and I am	1964
knowledgeable of the provisions of those laws and of the	1965
information on those matters.	1966

(2) I desire a legal means to carry a concealed handgun for	1967
defense of myself or a member of my family while engaged in	1968
lawful activity.	1969

(3) I have never been convicted of or pleaded guilty to a crime of	1970
violence in the state of Ohio or elsewhere. I am of sound	1971
mind. I hereby certify that the statements contained herein	1972
are true and correct to the best of my knowledge and belief.	1973
I understand that if        I        knowingly make any false statements	1974
herein        I        am subject to penalties prescribed by law. I	1975
authorize the sheriff or the sheriff's designee to inspect	1976
only those records or documents relevant to information	1977
required for this application.	1978

(4) The information contained in this application and all attached	1979
documents are true and correct to the best of my knowledge.	1980

Sec. 2923.1211.  (A) No person shall alter a license to carry	1984
a concealed handgun that was issued pursuant to section 2923.125	1985
of the Revised Code or create a fictitious document that purports	1986
to be a license of that nature.	1987

(B) No person, except in the performance of official duties,	1988
shall possess a concealed handgun license that was issued and that	1989
has been revoked or suspended pursuant to section 2923.128 of the	1990
Revised Code.	1991

(C) Whoever violates division (A) of this section is guilty	1992
of falsification of a concealed handgun license, a felony of the	1993
fifth degree. Whoever violates division (B) of this section is	1994
guilty of possessing a revoked or suspended concealed handgun	1995
license, a misdemeanor of the third degree.	1996

Sec. 2923.1212.  (A) The following persons, boards, and	1997
entities, or designees, shall post in the following locations a	1998
sign that contains a statement in substantially the following	1999
form: "Unless otherwise authorized by law, pursuant to the Ohio	2000
Revised Code, no person shall knowingly possess, have under the	2001
person's control, convey, or attempt to convey a deadly weapon or	2002
dangerous ordnance onto these premises.":	2003

(1) The director of public safety or the person or board	2004
charged with the erection, maintenance, or repair of police	2005
stations, municipal jails, and the municipal courthouse and	2006
courtrooms in a conspicuous location at all police stations,	2007
municipal jails, and municipal courthouses and courtrooms;	2008

(2) The sheriff or sheriff's designee who has charge of the	2009
sheriff's office in a conspicuous location in that office;	2010

(3) The superintendent of the state highway patrol or the	2011
superintendent's designee in a conspicuous location at all state	2012
highway patrol stations;	2013

(4) Each sheriff, chief of police, or person in charge of	2014
every county, multicounty, municipal, municipal-county, or	2015
multicounty-municipal jail or workhouse, community-based	2016
correctional facility, halfway house, alternative residential	2017
facility, or other local or state correctional institution or	2018
detention facility within the state, or that person's designee, in	2019
a conspicuous location at that facility under that person's	2020
charge;	2021

(5) The board of trustees of a regional airport authority,	2022
chief administrative officer of an airport facility, or other	2023
person in charge of an airport facility in a conspicuous location	2024
at each airport facility under that person's control;	2025

(6) The officer or officer's designee who has charge of a	2026
courthouse or the building or structure in which a courtroom is	2027
located in a conspicuous location in that building or structure;	2028

(7) The superintendent of the bureau of criminal	2029
identification and investigation or the superintendent's designee	2030
in a conspicuous location in all premises controlled by that	2031
bureau;	2032

(8) The owner, administrator, or operator of a child day-care	2033
center, a type A family day-care home, a type B family day-care	2034
home, or a type C family day-care home;	2035

(9) The officer of this state or of the political subdivision	2036
of this state, or the officer's designee, who has charge of a	2037
building that is owned by this state or the political subdivision	2038
of this state, or who has charge of the portion of a building that	2039
is not owned by any governmental entity listed in this division	2040
but that is leased by a governmental entity listed in this	2041
division.	2042

(B) The following boards, bodies, and persons, or designees,	2043
shall post in the following locations a sign that contains a	2044
statement in substantially the following form: "Unless otherwise	2045
authorized by law, pursuant to Ohio Revised Code section 2923.122,	2046
no person shall knowingly possess, have under the person's	2047
control, convey, or attempt to convey a deadly weapon or dangerous	2048
ordnance into a school safety zone.":	2049

(1) A board of education of a city, local, exempted village,	2050
or joint vocational school district or that board's designee in a	2051
conspicuous location in each building and on each parcel of real	2052
property owned or controlled by the board;	2053

(2) A governing body of a school for which the state board of	2054
education prescribes minimum standards under section 3301.07 of	2055
the Revised Code or that body's designee in a conspicuous location	2056
in each building and on each parcel of real property owned or	2057
controlled by the school;	2058

(3) The principal or chief administrative officer of a	2059
nonpublic school in a conspicuous location on property owned or	2060
controlled by that nonpublic school.	2061

Sec. 2923.13.  (A) Unless relieved from disability as	2062
provided in section 2923.14 of the Revised Code, no person shall	2063
knowingly acquire, have, carry, or use any firearm or dangerous	2064
ordnance, if any of the following apply:	2065

(1) The person is a fugitive from justice.

2066

(2) The person is under indictment for or has been convicted	2067
of any felony offense of violence or has been adjudicated a	2068
delinquent child for the commission of an offense that, if	2069
committed by an adult, would have been a felony offense of	2070
violence.	2071

(3) The person is under indictment for or has been convicted	2072
of any offense involving the illegal possession, use, sale,	2073
administration, distribution, or trafficking in any drug of abuse	2074
or has been adjudicated a delinquent child for the commission of	2075
an offense that, if committed by an adult, would have been an	2076
offense involving the illegal possession, use, sale,	2077
administration, distribution, or trafficking in any drug of abuse.	2078

(4) The person is drug dependent, in danger of drug	2079
dependence, or a chronic alcoholic.	2080

(5) The person is under adjudication of mental incompetence,	2081
has been adjudicated as a mental defective, has been committed to	2082
a mental institution, has been found by a court to be a mentally	2083
ill person subject to hospitalization by court order, or is an	2084
involuntary patient other than one who is a patient only for	2085
purposes of observation. As used in this division, "mentally ill	2086
person subject to hospitalization by court order" and "patient"	2087
have the same meanings as in section 5122.01 of the Revised Code.	2088

(B) No person who has been convicted of a felony of the first	2089
or second degree shall violate division (A) of this section within	2090
five years of the date of the person's release from imprisonment	2091
or from post-release control that is imposed for the commission of	2092
a felony of the first or second degree.	2093

(C) Whoever violates this section is guilty of having weapons	2094
while under disability. A violation of division (A) of this	2095
section is a felony of the fifth degree. A violation of division	2096
(B) of this section is, a felony of the third degree.	2097

Sec. 2923.16.  (A) No person shall knowingly discharge a	2098
firearm while in or on a motor vehicle.	2099

(B) No person shall knowingly transport or have a loaded	2100
firearm in a motor vehicle in such a manner that the firearm is	2101
accessible to the operator or any passenger without leaving the	2102
vehicle.	2103

(C) No person shall knowingly transport or have a firearm in	2104
a motor vehicle, unless it is unloaded and is carried in one of	2105
the following ways:	2106

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

2107

(2) In a compartment that can be reached only by leaving the	2108
vehicle;	2109

(3) In plain sight and secured in a rack or holder made for	2110
the purpose;	2111

(4) In plain sight with the action open or the weapon	2112
stripped, or, if the firearm is of a type on which the action will	2113
not stay open or which cannot easily be stripped, in plain sight.	2114

(D) No person shall knowingly transport or have a loaded	2115
handgun in a motor vehicle if, at the time of that transportation	2116
or possession, any of the following applies:	2117

(1) The person is under the influence of alcohol, a drug of	2118
abuse, or a combination of them.	2119

(2) The person's whole blood, blood serum or plasma, breath,	2120
or urine contains a concentration of alcohol prohibited for	2121
persons operating a vehicle, as specified in division (A) of	2122
section 4511.19 of the Revised Code, regardless of whether the	2123
person at the time of the transportation or possession as	2124
described in this division is the operator of or a passenger in	2125
the motor vehicle.	2126

(E) No person who has been issued a license to carry a	2127
concealed handgun shall do any of the following:	2128

(1) If the person is the driver or an occupant of a vehicle	2129
that is stopped as a result of a traffic stop or a stop for	2130
another law enforcement purpose and if the person is transporting	2131
or has a loaded handgun in the motor vehicle, fail to promptly	2132
inform any law enforcement officer who approaches the vehicle	2133
while stopped that the person has been issued a license to carry a	2134
concealed handgun and that the person then possesses or has a	2135
loaded handgun in the motor vehicle.	2136

(2) If the person is the driver or an occupant of a vehicle	2137
that is stopped as a result of a traffic stop or a stop for	2138
another law enforcement purpose, if the person is transporting or	2139
has a loaded handgun in the motor vehicle, and if the person is	2140
approached by any law enforcement officer while stopped, knowingly	2141
carry, possess on the person's person, have contact with, or make	2142
contact with a loaded handgun in the motor vehicle at any time	2143
after the law enforcement officer begins approaching and before	2144
the law enforcement officer leaves, unless the person possesses or	2145
has or makes contact with the loaded handgun pursuant to and in	2146
accordance with explicit instructions given by the law enforcement	2147
officer.	2148

(F)(1) This section does not apply to officers, agents, or	2149
employees of this or any other state or the United States, or to	2150
law enforcement officers, when authorized to carry or have loaded	2151
or accessible firearms in motor vehicles and acting within the	2152
scope of their duties.	2153

(2) Division (A) of this section does not apply to a person	2154
if all of the following circumstances apply:	2155

(a) The person discharges a firearm from a motor vehicle at a	2156
coyote or groundhog, the discharge is not during the deer gun	2157
hunting season as set by the chief of the division of wildlife of	2158
the department of natural resources, and the discharge at the	2159
coyote or groundhog, but for the operation of this section, is	2160
lawful.	2161

(b) The motor vehicle from which the person discharges the	2162
firearm is on real property that is located in an unincorporated	2163
area of a township and that either is zoned for agriculture or is	2164
used for agriculture.	2165

(c) The person owns the real property described in division	2166
(D)(F)(2)(b) of this section, is the spouse or a child of another	2167
person who owns that real property, is a tenant of another person	2168
who owns that real property, or is the spouse or a child of a	2169
tenant of another person who owns that real property.	2170

(d) The person does not discharge the firearm in any of the	2171
following manners:	2172

(i) While under the influence of alcohol, a drug of abuse, or	2173
alcohol and a drug of abuse;	2174

(ii) In the direction of a street, highway, or other public	2175
or private property used by the public for vehicular traffic or	2176
parking;	2177

(iii) At or into an occupied structure that is a permanent or	2178
temporary habitation;	2179

(iv) In the commission of any violation of law, including,	2180
but not limited to, a felony that includes, as an essential	2181
element, purposely or knowingly causing or attempting to cause the	2182
death of or physical harm to another and that was committed by	2183
discharging a firearm from a motor vehicle.	2184

(3) Divisions (B) and (C) of this section do not apply to a	2185
person if all of the following circumstances apply:	2186

(a) At the time of the alleged violation of either of those	2187
divisions, the person is the operator of or a passenger in a motor	2188
vehicle.	2189

(b) The motor vehicle is on real property that is located in	2190
an unincorporated area of a township and that either is zoned for	2191
agriculture or is used for agriculture.	2192

(c) The person owns the real property described in division	2193
(D)(3)(b) of this section, is the spouse or a child of another	2194
person who owns that real property, is a tenant of another person	2195
who owns that real property, or is the spouse or a child of a	2196
tenant of another person who owns that real property.	2197

(d) The person, prior to arriving at the real property	2198
described in division (D)(3)(b) of this section, did not transport	2199
or possess a firearm in the motor vehicle in a manner prohibited	2200
by division (B) or (C) of this section while the motor vehicle was	2201
being operated on a street, highway, or other public or private	2202
property used by the public for vehicular traffic or parking.	2203

(4) Divisions (B) and (C) of this section do not apply to a	2204
person who transports or possesses a handgun in a motor vehicle	2205
if, at the time of that transportation or possession, all of the	2206
following apply:	2207

(a) The person transporting or possessing the handgun is	2208
carrying a valid license to carry a concealed handgun issued to	2209
the person under section 2923.125 of the Revised Code or a license	2210
to carry a concealed handgun that was issued by another state with	2211
which the attorney general has entered into a reciprocity	2212
agreement under section 109.69 of the Revised Code.	2213

(b) The person transporting or possessing the handgun is not	2214
knowingly in a place described in division (B) of section 2923.126	2215
of the Revised Code.	2216

(c) One of the following applies:

2217

(i) No person under eighteen years of age is in the motor	2218
vehicle, and either the handgun is in a holster and in plain sight	2219
or the handgun is securely encased by being stored in a closed,	2220
locked glove compartment or in a gun case that is in plain sight	2221
and that is locked.	2222

(ii) One or more persons under eighteen years of age is in	2223
the motor vehicle, the handgun is not on the person of the person	2224
transporting or possessing the handgun, and the handgun is	2225
securely encased by being stored in a closed, locked glove	2226
compartment or in a gun case that is in plain sight and that is	2227
locked.	2228

(E) The affirmative defenses contained in divisions (C)(1)	2229
and (2) of section 2923.12 of the Revised Code are affirmative	2230
defenses to a charge under division (B) or (C) of this section.	2231

(G) It is an affirmative defense to a charge under division	2232
(B) or (C) of this section of improperly handling firearms in a	2233
motor vehicle that all of the following apply:	2234

(1) The firearm that is the basis of the charge is a handgun.

2235

(2) A temporary protection order or civil protection order	2236
has been issued for the benefit or protection of the actor not	2237
more than forty-five days before the date on which the	2238
transportation or possession occurred, and, at the time of the	2239
transportation or possession charged, the temporary protection	2240
order or civil protection order is in effect, and the actor is	2241
carrying a copy of the temporary protection order or civil	2242
protection order.	2243

(3) If at the time of the transportation or possession	2244
charged, the motor vehicle in which the actor is transporting or	2245
has the handgun has been stopped as a result of a traffic stop or	2246
a stop for another law enforcement purpose, the actor promptly	2247
informs any law enforcement officer who approaches the vehicle	2248
while stopped that the actor is transporting or has the handgun in	2249
the vehicle and shows the officer the copy of the order described	2250
in division (G)(2) of this section.	2251

(4) One of the following applies:

2252

(a) No person under eighteen years of age is in the motor	2253
vehicle at the time of the transportation or possession charged,	2254
and either the handgun is in a holster and in plain sight, or the	2255
handgun is securely encased by being stored in a closed, locked	2256
glove compartment or in a gun case that is in plain sight and is	2257
locked.	2258

(b) One or more persons under eighteen years of age is in the	2259
motor vehicle at the time of the transportation or possession	2260
charged, the handgun is not on the person of the actor, and the	2261
handgun is securely encased by being stored in a closed, locked	2262
glove compartment or in a gun case that is in plain sight and is	2263
locked.	2264

(H) No person who is charged with a violation of division	2265
(B), (C), or (D) of this section shall be required to obtain a	2266
license to carry a concealed handgun under section 2923.125 of the	2267
Revised Code as a condition for the dismissal of the charge.	2268

(F)(I) Whoever violates this section is guilty of improperly	2269
handling firearms in a motor vehicle. Violation of division (A) or	2270
(B) of this section is a misdemeanorfelony of the firstfourth	2271
degree. Violation of division (C) of this section is a misdemeanor	2272
of the fourth degree. A violation of division (D) of this section	2273
is a felony of the fifth degree. A violation of division (E)(1) of	2274
this section is a misdemeanor of the fourth degree. A violation of	2275
division (E)(2) of this section is a misdemeanor of the first	2276
degree or, if the offender previously has been convicted of or	2277
pleaded guilty to a violation of division (E)(2) of this section,	2278
a felony of the fifth degree. A violation of division (B) of this	2279
section is whichever of the following is applicable:	2280

(1) If, at the time of the transportation or possession in	2281
violation of division (B) of this section, the offender was	2282
carrying a valid license to carry a concealed handgun issued to	2283
the offender under section 2923.125 of the Revised Code or a	2284
license to carry a concealed handgun that was issued by another	2285
state with which the attorney general has entered into a	2286
reciprocity agreement under section 109.69 of the Revised Code and	2287
the offender was not recklessly in a place described in division	2288
(B) of section 2923.125 of the Revised Code, the violation is a	2289
misdemeanor of the first degree or, if the offender previously has	2290
been convicted of or pleaded guilty to a violation of division (B)	2291
of this section, a felony of the fourth degree.	2292

(2) If division (H)(1) of this section does not apply, a	2293
felony of the fourth degree.	2294

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

2295

(1) "Motor vehicle," "street," and "highway" have the same	2296
meanings as in section 4511.01 of the Revised Code.	2297

(2) "Occupied structure" has the same meaning as in section	2298
2909.01 of the Revised Code.	2299

(3) "Agriculture" has the same meaning as in section 519.01	2300
of the Revised Code.	2301

(4) "Tenant" has the same meaning as in section 1531.01 of	2302
the Revised Code.	2303

(5) "Unloaded" means, with respect to a firearm employing a	2304
percussion cap, flintlock, or other obsolete ignition system, when	2305
the weapon is uncapped or when the priming charge is removed from	2306
the pan.	2307

(6) "Civil protection order" and "temporary protection order"	2308
have the same meanings as in section 2923.124 of the Revised Code.	2309

Sec. 2923.25. Each federally licensed firearms dealer who	2310
sells any firearm, at the time of the sale of the firearm, shall	2311
offer for sale to the purchaser of the firearm a trigger lock, gun	2312
lock, or gun locking device that is appropriate for that firearm.	2313
Each federally licensed firearms dealer shall post in a	2314
conspicuous location in the dealer's place of business the poster	2315
furnished to the dealer pursuant to section 181.521 of the Revised	2316
Code and shall make available to all purchasers of firearms from	2317
the dealer the brochure furnished to the dealer pursuant to that	2318
section.	2319

As used in this section, "federally licensed firearms dealer"	2320
has the same meaning as in section 181.251 of the Revised Code.	2321

Sec. 2929.14.  (A) Except as provided in division (C),	2322
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	2323
in relation to an offense for which a sentence of death or life	2324
imprisonment is to be imposed, if the court imposing a sentence	2325
upon an offender for a felony elects or is required to impose a	2326
prison term on the offender pursuant to this chapter and is not	2327
prohibited by division (G)(1) of section 2929.13 of the Revised	2328
Code from imposing a prison term on the offender, the court shall	2329
impose a definite prison term that shall be one of the following:	2330

(1) For a felony of the first degree, the prison term shall	2331
be three, four, five, six, seven, eight, nine, or ten years.	2332

(2) For a felony of the second degree, the prison term shall	2333
be two, three, four, five, six, seven, or eight years.	2334

(3) For a felony of the third degree, the prison term shall	2335
be one, two, three, four, or five years.	2336

(4) For a felony of the fourth degree, the prison term shall	2337
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2338
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2339

(5) For a felony of the fifth degree, the prison term shall	2340
be six, seven, eight, nine, ten, eleven, or twelve months.	2341

(B) Except as provided in division (C), (D)(1), (D)(2),	2342
(D)(3), or (G) of this section, in section 2907.02 of the Revised	2343
Code, or in Chapter 2925. of the Revised Code, if the court	2344
imposing a sentence upon an offender for a felony elects or is	2345
required to impose a prison term on the offender, the court shall	2346
impose the shortest prison term authorized for the offense	2347
pursuant to division (A) of this section, unless one or more of	2348
the following applies:	2349

(1) The offender was serving a prison term at the time of the	2350
offense, or the offender previously had served a prison term.	2351

(2) The court finds on the record that the shortest prison	2352
term will demean the seriousness of the offender's conduct or will	2353
not adequately protect the public from future crime by the	2354
offender or others.	2355

(C) Except as provided in division (G) of this section or in	2356
Chapter 2925. of the Revised Code, the court imposing a sentence	2357
upon an offender for a felony may impose the longest prison term	2358
authorized for the offense pursuant to division (A) of this	2359
section only upon offenders who committed the worst forms of the	2360
offense, upon offenders who pose the greatest likelihood of	2361
committing future crimes, upon certain major drug offenders under	2362
division (D)(3) of this section, and upon certain repeat violent	2363
offenders in accordance with division (D)(2) of this section.	2364

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2365
section, if an offender who is convicted of or pleads guilty to a	2366
felony also is convicted of or pleads guilty to a specification of	2367
the type described in section 2941.141, 2941.144, or 2941.145 of	2368
the Revised Code, the court shall impose on the offender one of	2369
the following prison terms:	2370

(i) A prison term of six years if the specification is of the	2371
type described in section 2941.144 of the Revised Code that	2372
charges the offender with having a firearm that is an automatic	2373
firearm or that was equipped with a firearm muffler or silencer on	2374
or about the offender's person or under the offender's control	2375
while committing the felony;	2376

(ii) A prison term of three years if the specification is of	2377
the type described in section 2941.145 of the Revised Code that	2378
charges the offender with having a firearm on or about the	2379
offender's person or under the offender's control while committing	2380
the offense and displaying the firearm, brandishing the firearm,	2381
indicating that the offender possessed the firearm, or using it to	2382
facilitate the offense;	2383

(iii) A prison term of one year if the specification is of	2384
the type described in section 2941.141 of the Revised Code that	2385
charges the offender with having a firearm on or about the	2386
offender's person or under the offender's control while committing	2387
the felony.	2388

(b) If a court imposes a prison term on an offender under	2389
division (D)(1)(a) of this section, the prison term shall not be	2390
reduced pursuant to section 2929.20, section 2967.193, or any	2391
other provision of Chapter 2967. or Chapter 5120. of the Revised	2392
Code. A court shall not impose more than one prison term on an	2393
offender under division (D)(1)(a) of this section for felonies	2394
committed as part of the same act or transaction.	2395

(c) Except as provided in division (D)(1)(e) of this section,	2396
if an offender who is convicted of or pleads guilty to a violation	2397
of section 2923.161 of the Revised Code or to a felony that	2398
includes, as an essential element, purposely or knowingly causing	2399
or attempting to cause the death of or physical harm to another,	2400
also is convicted of or pleads guilty to a specification of the	2401
type described in section 2941.146 of the Revised Code that	2402
charges the offender with committing the offense by discharging a	2403
firearm from a motor vehicle other than a manufactured home, the	2404
court, after imposing a prison term on the offender for the	2405
violation of section 2923.161 of the Revised Code or for the other	2406
felony offense under division (A), (D)(2), or (D)(3) of this	2407
section, shall impose an additional prison term of five years upon	2408
the offender that shall not be reduced pursuant to section	2409
2929.20, section 2967.193, or any other provision of Chapter 2967.	2410
or Chapter 5120. of the Revised Code. A court shall not impose	2411
more than one additional prison term on an offender under division	2412
(D)(1)(c) of this section for felonies committed as part of the	2413
same act or transaction. If a court imposes an additional prison	2414
term on an offender under division (D)(1)(c) of this section	2415
relative to an offense, the court also shall impose a prison term	2416
under division (D)(1)(a) of this section relative to the same	2417
offense, provided the criteria specified in that division for	2418
imposing an additional prison term are satisfied relative to the	2419
offender and the offense.	2420

(d) If an offender who is convicted of or pleads guilty to an	2421
offense of violence that is a felony also is convicted of or	2422
pleads guilty to a specification of the type described in section	2423
2941.1411 of the Revised Code that charges the offender with	2424
wearing or carrying body armor while committing the felony offense	2425
of violence, the court shall impose on the offender a prison term	2426
of two years. The prison term so imposed shall not be reduced	2427
pursuant to section 2929.20, section 2967.193, or any other	2428
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2429
court shall not impose more than one prison term on an offender	2430
under division (D)(1)(d) of this section for felonies committed as	2431
part of the same act or transaction. If a court imposes an	2432
additional prison term under division (D)(1)(a) or (c) of this	2433
section, the court is not precluded from imposing an additional	2434
prison term under division (D)(1)(d) of this section.	2435

(e) The court shall not impose any of the prison terms	2436
described in division (D)(1)(a) of this section or any of the	2437
additional prison terms described in division (D)(1)(c) of this	2438
section upon an offender for a violation of section 2923.12 or	2439
2923.123 of the Revised Code. The court shall not impose any of	2440
the prison terms described in division (D)(1)(a) of this section	2441
or any of the additional prison terms described in division	2442
(D)(1)(c) of this section upon an offender for a violation of	2443
section 2923.13 of the Revised Code unless all of the following	2444
apply:	2445

(i) The offender previously has been convicted of aggravated	2446
murder, murder, or any felony of the first or second degree.	2447

(ii) Less than five years have passed since the offender was	2448
released from prison or post-release control, whichever is later,	2449
for the prior offense.	2450

(f) If an offender is convicted of or pleads guilty to a	2451
felony that includes, as an essential element, causing or	2452
attempting to cause the death of or physical harm to another and	2453
also is convicted of or pleads guilty to a specification of the	2454
type described in section 2941.1412 of the Revised Code that	2455
charges the offender with committing the offense by discharging a	2456
firearm at a peace officer as defined in section 2935.01 of the	2457
Revised Code or a corrections officer as defined in section	2458
2941.1412 of the Revised Code, the court, after imposing a prison	2459
term on the offender for the felony offense under division (A),	2460
(D)(2), or (D)(3) of this section, shall impose an additional	2461
prison term of seven years upon the offender that shall not be	2462
reduced pursuant to section 2929.20, section 2967.193, or any	2463
other provision of Chapter 2967. or Chapter 5120. of the Revised	2464
Code. A court shall not impose more than one additional prison	2465
term on an offender under division (D)(1)(f) of this section for	2466
felonies committed as part of the same act or transaction. If a	2467
court imposes an additional prison term on an offender under	2468
division (D)(1)(f) of this section relative to an offense, the	2469
court shall not impose a prison term under division (D)(1)(a) or	2470
(c) of this section relative to the same offense.	2471

(2)(a) If an offender who is convicted of or pleads guilty to	2472
a felony also is convicted of or pleads guilty to a specification	2473
of the type described in section 2941.149 of the Revised Code that	2474
the offender is a repeat violent offender, the court shall impose	2475
a prison term from the range of terms authorized for the offense	2476
under division (A) of this section that may be the longest term in	2477
the range and that shall not be reduced pursuant to section	2478
2929.20, section 2967.193, or any other provision of Chapter 2967.	2479
or Chapter 5120. of the Revised Code. If the court finds that the	2480
repeat violent offender, in committing the offense, caused any	2481
physical harm that carried a substantial risk of death to a person	2482
or that involved substantial permanent incapacity or substantial	2483
permanent disfigurement of a person, the court shall impose the	2484
longest prison term from the range of terms authorized for the	2485
offense under division (A) of this section.	2486

(b) If the court imposing a prison term on a repeat violent	2487
offender imposes the longest prison term from the range of terms	2488
authorized for the offense under division (A) of this section, the	2489
court may impose on the offender an additional definite prison	2490
term of one, two, three, four, five, six, seven, eight, nine, or	2491
ten years if the court finds that both of the following apply with	2492
respect to the prison terms imposed on the offender pursuant to	2493
division (D)(2)(a) of this section and, if applicable, divisions	2494
(D)(1) and (3) of this section:	2495

(i) The terms so imposed are inadequate to punish the	2496
offender and protect the public from future crime, because the	2497
applicable factors under section 2929.12 of the Revised Code	2498
indicating a greater likelihood of recidivism outweigh the	2499
applicable factors under that section indicating a lesser	2500
likelihood of recidivism.	2501

(ii) The terms so imposed are demeaning to the seriousness of	2502
the offense, because one or more of the factors under section	2503
2929.12 of the Revised Code indicating that the offender's conduct	2504
is more serious than conduct normally constituting the offense are	2505
present, and they outweigh the applicable factors under that	2506
section indicating that the offender's conduct is less serious	2507
than conduct normally constituting the offense.	2508

(3)(a) Except when an offender commits a violation of section	2509
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2510
the violation is life imprisonment or commits a violation of	2511
section 2903.02 of the Revised Code, if the offender commits a	2512
violation of section 2925.03 or 2925.11 of the Revised Code and	2513
that section classifies the offender as a major drug offender and	2514
requires the imposition of a ten-year prison term on the offender,	2515
if the offender commits a felony violation of section 2925.02,	2516
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2517
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2518
division (C) of section 4729.51, or division (J) of section	2519
4729.54 of the Revised Code that includes the sale, offer to sell,	2520
or possession of a schedule I or II controlled substance, with the	2521
exception of marihuana, and the court imposing sentence upon the	2522
offender finds that the offender is guilty of a specification of	2523
the type described in section 2941.1410 of the Revised Code	2524
charging that the offender is a major drug offender, if the court	2525
imposing sentence upon an offender for a felony finds that the	2526
offender is guilty of corrupt activity with the most serious	2527
offense in the pattern of corrupt activity being a felony of the	2528
first degree, or if the offender is guilty of an attempted	2529
violation of section 2907.02 of the Revised Code and, had the	2530
offender completed the violation of section 2907.02 of the Revised	2531
Code that was attempted, the offender would have been subject to a	2532
sentence of life imprisonment or life imprisonment without parole	2533
for the violation of section 2907.02 of the Revised Code, the	2534
court shall impose upon the offender for the felony violation a	2535
ten-year prison term that cannot be reduced pursuant to section	2536
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2537

(b) The court imposing a prison term on an offender under	2538
division (D)(3)(a) of this section may impose an additional prison	2539
term of one, two, three, four, five, six, seven, eight, nine, or	2540
ten years, if the court, with respect to the term imposed under	2541
division (D)(3)(a) of this section and, if applicable, divisions	2542
(D)(1) and (2) of this section, makes both of the findings set	2543
forth in divisions (D)(2)(b)(i) and (ii) of this section.	2544

(4) If the offender is being sentenced for a third or fourth	2545
degree felony OMVI offense under division (G)(2) of section	2546
2929.13 of the Revised Code, the sentencing court shall impose	2547
upon the offender a mandatory prison term in accordance with that	2548
division. In addition to the mandatory prison term, the sentencing	2549
court may sentence the offender to an additional prison term of	2550
any duration specified in division (A)(3) of this section minus	2551
the sixty or one hundred twenty days imposed upon the offender as	2552
the mandatory prison term. The total of the additional prison term	2553
imposed under division (D)(4) of this section plus the sixty or	2554
one hundred twenty days imposed as the mandatory prison term shall	2555
equal one of the authorized prison terms specified in division	2556
(A)(3) of this section. If the court imposes an additional prison	2557
term under division (D)(4) of this section, the offender shall	2558
serve the additional prison term after the offender has served the	2559
mandatory prison term required for the offense. The court shall	2560
not sentence the offender to a community control sanction under	2561
section 2929.16 or 2929.17 of the Revised Code.	2562

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2563
mandatory prison term is imposed upon an offender pursuant to	2564
division (D)(1)(a) of this section for having a firearm on or	2565
about the offender's person or under the offender's control while	2566
committing a felony, if a mandatory prison term is imposed upon an	2567
offender pursuant to division (D)(1)(c) of this section for	2568
committing a felony specified in that division by discharging a	2569
firearm from a motor vehicle, or if both types of mandatory prison	2570
terms are imposed, the offender shall serve any mandatory prison	2571
term imposed under either division consecutively to any other	2572
mandatory prison term imposed under either division or under	2573
division (D)(1)(d) of this section, consecutively to and prior to	2574
any prison term imposed for the underlying felony pursuant to	2575
division (A), (D)(2), or (D)(3) of this section or any other	2576
section of the Revised Code, and consecutively to any other prison	2577
term or mandatory prison term previously or subsequently imposed	2578
upon the offender.	2579

(b) If a mandatory prison term is imposed upon an offender	2580
pursuant to division (D)(1)(d) of this section for wearing or	2581
carrying body armor while committing an offense of violence that	2582
is a felony, the offender shall serve the mandatory term so	2583
imposed consecutively to any other mandatory prison term imposed	2584
under that division or under division (D)(1)(a) or (c) of this	2585
section, consecutively to and prior to any prison term imposed for	2586
the underlying felony under division (A), (D)(2), or (D)(3) of	2587
this section or any other section of the Revised Code, and	2588
consecutively to any other prison term or mandatory prison term	2589
previously or subsequently imposed upon the offender.	2590

(c) If a mandatory prison term is imposed upon an offender	2591
pursuant to division (D)(1)(f) of this section, the offender shall	2592
serve the mandatory prison term so imposed consecutively to and	2593
prior to any prison term imposed for the underlying felony under	2594
division (A), (D)(2), or (D)(3) of this section or any other	2595
section of the Revised Code, and consecutively to any other prison	2596
term or mandatory prison term previously or subsequently imposed	2597
upon the offender.	2598

(2) If an offender who is an inmate in a jail, prison, or	2599
other residential detention facility violates section 2917.02,	2600
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2601
who is under detention at a detention facility commits a felony	2602
violation of section 2923.131 of the Revised Code, or if an	2603
offender who is an inmate in a jail, prison, or other residential	2604
detention facility or is under detention at a detention facility	2605
commits another felony while the offender is an escapee in	2606
violation of section 2921.34 of the Revised Code, any prison term	2607
imposed upon the offender for one of those violations shall be	2608
served by the offender consecutively to the prison term or term of	2609
imprisonment the offender was serving when the offender committed	2610
that offense and to any other prison term previously or	2611
subsequently imposed upon the offender.	2612

(3) If a prison term is imposed for a violation of division	2613
(B) of section 2911.01 of the Revised Code, a violation of	2614
division (A) of section 2913.02 of the Revised Code in which the	2615
stolen property is a firearm or dangerous ordnance, or if a prison	2616
term is imposed for a felony violation of division (B) of section	2617
2921.331 of the Revised Code, the offender shall serve that prison	2618
term consecutively to any other prison term or mandatory prison	2619
term previously or subsequently imposed upon the offender.	2620

(4) If multiple prison terms are imposed on an offender for	2621
convictions of multiple offenses, the court may require the	2622
offender to serve the prison terms consecutively if the court	2623
finds that the consecutive service is necessary to protect the	2624
public from future crime or to punish the offender and that	2625
consecutive sentences are not disproportionate to the seriousness	2626
of the offender's conduct and to the danger the offender poses to	2627
the public, and if the court also finds any of the following:	2628

(a) The offender committed one or more of the multiple	2629
offenses while the offender was awaiting trial or sentencing, was	2630
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2631
2929.18 of the Revised Code, or was under post-release control for	2632
a prior offense.	2633

(b) At least two of the multiple offenses were committed as	2634
part of one or more courses of conduct, and the harm caused by two	2635
or more of the multiple offenses so committed was so great or	2636
unusual that no single prison term for any of the offenses	2637
committed as part of any of the courses of conduct adequately	2638
reflects the seriousness of the offender's conduct.	2639

(c) The offender's history of criminal conduct demonstrates	2640
that consecutive sentences are necessary to protect the public	2641
from future crime by the offender.	2642

(5) When consecutive prison terms are imposed pursuant to	2643
division (E)(1), (2), (3), or (4) of this section, the term to be	2644
served is the aggregate of all of the terms so imposed.	2645

(F) If a court imposes a prison term of a type described in	2646
division (B) of section 2967.28 of the Revised Code, it shall	2647
include in the sentence a requirement that the offender be subject	2648
to a period of post-release control after the offender's release	2649
from imprisonment, in accordance with that division. If a court	2650
imposes a prison term of a type described in division (C) of that	2651
section, it shall include in the sentence a requirement that the	2652
offender be subject to a period of post-release control after the	2653
offender's release from imprisonment, in accordance with that	2654
division, if the parole board determines that a period of	2655
post-release control is necessary.	2656

(G) If a person is convicted of or pleads guilty to a	2657
sexually violent offense and also is convicted of or pleads guilty	2658
to a sexually violent predator specification that was included in	2659
the indictment, count in the indictment, or information charging	2660
that offense, the court shall impose sentence upon the offender in	2661
accordance with section 2971.03 of the Revised Code, and Chapter	2662
2971. of the Revised Code applies regarding the prison term or	2663
term of life imprisonment without parole imposed upon the offender	2664
and the service of that term of imprisonment.	2665

(H) If a person who has been convicted of or pleaded guilty	2666
to a felony is sentenced to a prison term or term of imprisonment	2667
under this section, sections 2929.02 to 2929.06 of the Revised	2668
Code, section 2971.03 of the Revised Code, or any other provision	2669
of law, section 5120.163 of the Revised Code applies regarding the	2670
person while the person is confined in a state correctional	2671
institution.	2672

(I) If an offender who is convicted of or pleads guilty to a	2673
felony that is an offense of violence also is convicted of or	2674
pleads guilty to a specification of the type described in section	2675
2941.142 of the Revised Code that charges the offender with having	2676
committed the felony while participating in a criminal gang, the	2677
court shall impose upon the offender an additional prison term of	2678
one, two, or three years.	2679

(J) If an offender who is convicted of or pleads guilty to	2680
aggravated murder, murder, or a felony of the first, second, or	2681
third degree that is an offense of violence also is convicted of	2682
or pleads guilty to a specification of the type described in	2683
section 2941.143 of the Revised Code that charges the offender	2684
with having committed the offense in a school safety zone or	2685
towards a person in a school safety zone, the court shall impose	2686
upon the offender an additional prison term of two years. The	2687
offender shall serve the additional two years consecutively to and	2688
prior to the prison term imposed for the underlying offense.	2689

(K) At the time of sentencing, the court may recommend the	2690
offender for placement in a program of shock incarceration under	2691
section 5120.031 of the Revised Code or for placement in an	2692
intensive program prison under section 5120.032 of the Revised	2693
Code, disapprove placement of the offender in a program of shock	2694
incarceration or an intensive program prison of that nature, or	2695
make no recommendation on placement of the offender. In no case	2696
shall the department of rehabilitation and correction place the	2697
offender in a program or prison of that nature unless the	2698
department determines as specified in section 5120.031 or 5120.032	2699
of the Revised Code, whichever is applicable, that the offender is	2700
eligible for the placement.	2701

If the court disapproves placement of the offender in a	2702
program or prison of that nature, the department of rehabilitation	2703
and correction shall not place the offender in any program of	2704
shock incarceration or intensive program prison.	2705

If the court recommends placement of the offender in a	2706
program of shock incarceration or in an intensive program prison,	2707
and if the offender is subsequently placed in the recommended	2708
program or prison, the department shall notify the court of the	2709
placement and shall include with the notice a brief description of	2710
the placement.	2711

If the court recommends placement of the offender in a	2712
program of shock incarceration or in an intensive program prison	2713
and the department does not subsequently place the offender in the	2714
recommended program or prison, the department shall send a notice	2715
to the court indicating why the offender was not placed in the	2716
recommended program or prison.	2717

If the court does not make a recommendation under this	2718
division with respect to an offender and if the department	2719
determines as specified in section 5120.031 or 5120.032 of the	2720
Revised Code, whichever is applicable, that the offender is	2721
eligible for placement in a program or prison of that nature, the	2722
department shall screen the offender and determine if there is an	2723
available program of shock incarceration or an intensive program	2724
prison for which the offender is suited. If there is an available	2725
program of shock incarceration or an intensive program prison for	2726
which the offender is suited, the department shall notify the	2727
court of the proposed placement of the offender as specified in	2728
section 5120.031 or 5120.032 of the Revised Code and shall include	2729
with the notice a brief description of the placement. The court	2730
shall have ten days from receipt of the notice to disapprove the	2731
placement.	2732

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	2733
of the Revised Code, a first offender may apply to the sentencing	2734
court if convicted in this state, or to a court of common pleas if	2735
convicted in another state or in a federal court, for the sealing	2736
of the conviction record. Application may be made at the	2737
expiration of three years after the offender's final discharge if	2738
convicted of a felony, or at the expiration of one year after the	2739
offender's final discharge if convicted of a misdemeanor.	2740

(2) Any person who has been arrested for any misdemeanor	2741
offense and who has effected a bail forfeiture may apply to the	2742
court in which the misdemeanor criminal case was pending when bail	2743
was forfeited for the sealing of the record of the case. Except as	2744
provided in section 2953.61 of the Revised Code, the application	2745
may be filed at any time after the expiration of one year from the	2746
date on which the bail forfeiture was entered upon the minutes of	2747
the court or the journal, whichever entry occurs first.	2748

(B) Upon the filing of an application under this section, the	2749
court shall set a date for a hearing and shall notify the	2750
prosecutor for the case of the hearing on the application. The	2751
prosecutor may object to the granting of the application by filing	2752
an objection with the court prior to the date set for the hearing.	2753
The prosecutor shall specify in the objection the reasons for	2754
believing a denial of the application is justified. The court	2755
shall direct its regular probation officer, a state probation	2756
officer, or the department of probation of the county in which the	2757
applicant resides to make inquiries and written reports as the	2758
court requires concerning the applicant.	2759

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

2760

(a) Determine whether the applicant is a first offender or	2761
whether the forfeiture of bail was agreed to by the applicant and	2762
the prosecutor in the case. If the applicant applies as a first	2763
offender pursuant to division (A)(1) of this section and has two	2764
or three convictions that result from the same indictment,	2765
information, or complaint, from the same plea of guilty, or from	2766
the same official proceeding, and result from related criminal	2767
acts that were committed within a three-month period but do not	2768
result from the same act or from offenses committed at the same	2769
time, in making its determination under this division, the court	2770
initially shall determine whether it is not in the public interest	2771
for the two or three convictions to be counted as one conviction.	2772
If the court determines that it is not in the public interest for	2773
the two or three convictions to be counted as one conviction, the	2774
court shall determine that the applicant is not a first offender;	2775
if the court does not make that determination, the court shall	2776
determine that the offender is a first offender.	2777

(b) Determine whether criminal proceedings are pending	2778
against the applicant;	2779

(c) If the applicant is a first offender who applies pursuant	2780
to division (A)(1) of this section, determine whether the	2781
applicant has been rehabilitated to the satisfaction of the court;	2782

(d) If the prosecutor has filed an objection in accordance	2783
with division (B) of this section, consider the reasons against	2784
granting the application specified by the prosecutor in the	2785
objection;	2786

(e) Weigh the interests of the applicant in having the	2787
records pertaining to the applicant's conviction sealed against	2788
the legitimate needs, if any, of the government to maintain those	2789
records.	2790

(2) If the court determines, after complying with division	2791
(C)(1) of this section, that the applicant is a first offender or	2792
the subject of a bail forfeiture, that no criminal proceeding is	2793
pending against the applicant, and that the interests of the	2794
applicant in having the records pertaining to the applicant's	2795
conviction or bail forfeiture sealed are not outweighed by any	2796
legitimate governmental needs to maintain those records, and that	2797
the rehabilitation of an applicant who is a first offender	2798
applying pursuant to division (A)(1) of this section has been	2799
attained to the satisfaction of the court, the court, except as	2800
provided in division (G) of this section, shall order all official	2801
records pertaining to the case sealed and, except as provided in	2802
division (F) of this section, all index references to the case	2803
deleted and, in the case of bail forfeitures, shall dismiss the	2804
charges in the case. The proceedings in the case shall be	2805
considered not to have occurred and the conviction or bail	2806
forfeiture of the person who is the subject of the proceedings	2807
shall be sealed, except that upon conviction of a subsequent	2808
offense, the sealed record of prior conviction or bail forfeiture	2809
may be considered by the court in determining the sentence or	2810
other appropriate disposition, including the relief provided for	2811
in sections 2953.31 to 2953.33 of the Revised Code.	2812

(3) Upon the filing of an application under this section, the	2813
applicant, unless indigent, shall pay a fee of fifty dollars. The	2814
court shall pay thirty dollars of the fee into the state treasury.	2815
It shall pay twenty dollars of the fee into the county general	2816
revenue fund if the sealed conviction or bail forfeiture was	2817
pursuant to a state statute, or into the general revenue fund of	2818
the municipal corporation involved if the sealed conviction or	2819
bail forfeiture was pursuant to a municipal ordinance.	2820

(D) Inspection of the sealed records included in the order	2821
may be made only by the following persons or for the following	2822
purposes:	2823

(1) By a law enforcement officer or prosecutor, or the	2824
assistants of either, to determine whether the nature and	2825
character of the offense with which a person is to be charged	2826
would be affected by virtue of the person's previously having been	2827
convicted of a crime;	2828

(2) By the parole or probation officer of the person who is	2829
the subject of the records, for the exclusive use of the officer	2830
in supervising the person while on parole or probation and in	2831
making inquiries and written reports as requested by the court or	2832
adult parole authority;	2833

(3) Upon application by the person who is the subject of the	2834
records, by the persons named in the application;	2835

(4) By a law enforcement officer who was involved in the	2836
case, for use in the officer's defense of a civil action arising	2837
out of the officer's involvement in that case;	2838

(5) By a prosecuting attorney or the prosecuting attorney's	2839
assistants to determine a defendant's eligibility to enter a	2840
pre-trial diversion program established pursuant to section	2841
2935.36 of the Revised Code;	2842

(6) By any law enforcement agency or any authorized employee	2843
of a law enforcement agency or by the department of rehabilitation	2844
and correction as part of a background investigation of a person	2845
who applies for employment with the agency as a law enforcement	2846
officer or with the department as a corrections officer;	2847

(7) By any law enforcement agency or any authorized employee	2848
of a law enforcement agency, for the purposes set forth in, and in	2849
the manner provided in, section 2953.321 of the Revised Code;	2850

(8) By the bureau of criminal identification and	2851
investigation or any authorized employee of the bureau for the	2852
purpose of providing information to a board or person pursuant to	2853
division (F) or (G) of section 109.57 of the Revised Code;	2854

(9) By the bureau of criminal identification and	2855
investigation or any authorized employee of the bureau for the	2856
purpose of performing a criminal history records check on a person	2857
to whom a certificate as prescribed in section 109.77 of the	2858
Revised Code is to be awarded;	2859

(10) By the bureau of criminal identification and	2860
investigation, an authorized employee of the bureau, a sheriff, or	2861
an authorized employee of the sheriff in connection with a	2862
criminal records check described in section 311.41 of the Revised	2863
Code.	2864

When the nature and character of the offense with which a	2865
person is to be charged would be affected by the information, it	2866
may be used for the purpose of charging the person with an	2867
offense.	2868

(E) In any criminal proceeding, proof of any otherwise	2869
admissible prior conviction may be introduced and proved,	2870
notwithstanding the fact that for any such prior conviction an	2871
order of sealing previously was issued pursuant to sections	2872
2953.31 to 2953.36 of the Revised Code.	2873

The person or governmental agency, office, or department that	2874
maintains sealed records pertaining to convictions or bail	2875
forfeitures that have been sealed pursuant to this section may	2876
maintain a manual or computerized index to the sealed records. The	2877
index shall contain only the name of, and alphanumeric identifiers	2878
that relate to, the persons who are the subject of the sealed	2879
records, the word "sealed," and the name of the person, agency,	2880
office, or department that has custody of the sealed records, and	2881
shall not contain the name of the crime committed. The index shall	2882
be made available by the person who has custody of the sealed	2883
records only for the purposes set forth in divisions (C), (D), and	2884
(E) of this section.	2885

(G) Notwithstanding any provision of this section or section	2886
2953.33 of the Revised Code that requires otherwise, a board of	2887
education of a city, local, exempted village, or joint vocational	2888
school district that maintains records of an individual who has	2889
been permanently excluded under sections 3301.121 and 3313.662 of	2890
the Revised Code is permitted to maintain records regarding a	2891
conviction that was used as the basis for the individual's	2892
permanent exclusion, regardless of a court order to seal the	2893
record. An order issued under this section to seal the record of a	2894
conviction does not revoke the adjudication order of the	2895
superintendent of public instruction to permanently exclude the	2896
individual who is the subject of the sealing order. An order	2897
issued under this section to seal the record of a conviction of an	2898
individual may be presented to a district superintendent as	2899
evidence to support the contention that the superintendent should	2900
recommend that the permanent exclusion of the individual who is	2901
the subject of the sealing order be revoked. Except as otherwise	2902
authorized by this division and sections 3301.121 and 3313.662 of	2903
the Revised Code, any school employee in possession of or having	2904
access to the sealed conviction records of an individual that were	2905
the basis of a permanent exclusion of the individual is subject to	2906
section 2953.35 of the Revised Code.	2907

Sec. 4749.10.  (A) No class A, B, or C licensee and no	2908
registered employee of a class A, B, or C licensee shall carry a	2909
firearm, as defined in section 2923.11 of the Revised Code, in the	2910
course of engaging in the business of private investigation, the	2911
business of security services, or both businesses, unless all of	2912
the following apply:	2913

(1) The licensee or employee either has successfully	2914
completed a basic firearm training program at a training school	2915
approved by the Ohio peace officer training commission, which	2916
program includes twenty hours of training in handgun use and, if	2917
any firearm other than a handgun is to be used, five hours of	2918
training in the use of other firearms, and has received a	2919
certificate of satisfactory completion of that program from the	2920
executive director of the commission; the licensee or employee	2921
has, within three years prior to the effective date of this	2922
sectionNovember 27, 1985, satisfactorily completed firearms	2923
training that has been approved by the commission as being	2924
equivalent to such a program and has received written evidence of	2925
approval of that training from the executive director of the	2926
commission; or the licensee or employee is a former peace officer,	2927
as defined in section 109.71 of the Revised Code, who previously	2928
had successfully completed a firearms training course at a	2929
training school approved by the Ohio peace officer training	2930
commission and has received a certificate or other evidence of	2931
satisfactory completion of that course from the executive director	2932
of the commission.	2933

(2) The licensee or employee submits an application to the	2934
director of commerce, on a form prescribed by the director, in	2935
which the licensee or employee requests registration as a class A,	2936
B, or C licensee or employee who may carry a firearm. The	2937
application shall be accompanied by a copy of the certificate or	2938
the written evidence or other evidence described in division	2939
(A)(1) of this section, the identification card issued pursuant to	2940
section 4749.03 or 4749.06 of the Revised Code if one has	2941
previously been issued, a statement of the duties that will be	2942
performed while the licensee or employee is armed, and a fee of	2943
ten dollars. In the case of a registered employee, the statement	2944
shall be prepared by the employing class A, B, or C licensee.	2945

(3) The licensee or employee receives a notation on the	2946
licensee's or employee's identification card that the licensee or	2947
employee is a firearm-bearer and carries the identification card	2948
whenever the licensee or employee carries a firearm in the course	2949
of engaging in the business of private investigation, the business	2950
of security services, or both businesses.	2951

(4) At any time within the immediately preceding twelve-month	2952
period, the licensee or employee has requalified in firearms use	2953
on a firearms training range at a firearms requalification program	2954
certified by the Ohio peace officer training commission or on a	2955
firearms training range under the supervision of an instructor	2956
certified by the commission and has received a certificate of	2957
satisfactory requalification from the certified program or	2958
certified instructor, provided that this division does not apply	2959
to any licensee or employee prior to the expiration of eighteen	2960
months after the licensee's or employee's completion of the	2961
program described in division (A)(1) of this section. A	2962
certificate of satisfactory requalification is valid and remains	2963
in effect for twelve months from the date of the requalification.	2964

(5) If division (A)(4) of this section applies to the	2965
licensee or employee, the licensee or employee carries the	2966
certificate of satisfactory requalification that then is in effect	2967
or any other evidence of requalification issued or provided by the	2968
director.	2969

(B)(1) The director of commerce shall register an applicant	2970
under division (A) of this section who satisfies divisions (A)(1)	2971
and (2) of this section, and place a notation on the applicant's	2972
identification card indicating that the applicant is a	2973
firearm-bearer and the date on which the applicant completed the	2974
program described in division (A)(1) of this section.	2975

(2) A firearms requalification training program or instructor	2976
certified by the commission for the annual requalification of	2977
class A, B, or C licensees or employees who are authorized to	2978
carry a firearm under section 4749.10 of the Revised Code shall	2979
award a certificate of satisfactory requalification to each class	2980
A, B, or C licensee or registered employee of a class A, B, or C	2981
licensee who satisfactorily requalifies in firearms training. The	2982
certificate shall identify the licensee or employee and indicate	2983
the date of the requalification. A licensee or employee who	2984
receives such a certificate shall submit a copy of it to the	2985
director of commerce. A licensee shall submit the copy of the	2986
requalification certificate at the same time that the licensee	2987
makes application for renewal of the licensee's class A, B, or C	2988
license. The director shall keep a record of all copies of	2989
requalification certificates the director receives under this	2990
division and shall establish a procedure for the updating of	2991
identification cards to provide evidence of compliance with the	2992
annual requalification requirement. The procedure for the updating	2993
of identification cards may provide for the issuance of a new card	2994
containing the evidence, the entry of a new notation containing	2995
the evidence on the existing card, the issuance of a separate card	2996
or paper containing the evidence, or any other procedure	2997
determined by the director to be reasonable. Each person who is	2998
issued a requalification certificate under this division promptly	2999
shall pay to the Ohio peace officer training commission	3000
established by section 109.71 of the Revised Code a fee of five	3001
dollars, which fee shall be transmitted to the treasurer of state	3002
for deposit in the peace officer private security fund established	3003
by section 109.78 of the Revised Code.	3004

(C) Nothing in this section prohibits a private investigator	3005
or a security guard provider from carrying a concealed handgun if	3006
the private investigator or security guard provider complies with	3007
sections 2923.124 to 2923.1212 of the Revised Code.	3008

Sec. 5122.311. (A) Notwithstanding any provision of the	3009
Revised Code to the contrary, if, on or after the effective date	3010
of this section, an individual is found by a court to be a	3011
mentally ill person subject to hospitalization by court order or	3012
becomes an involuntary patient other than one who is a patient	3013
only for purposes of observation, the probate judge who made the	3014
adjudication or the chief clinical officer of the hospital,	3015
agency, or facility in which the person is an involuntary patient	3016
shall notify the bureau of criminal identification and	3017
investigation, on the form described in division (C) of this	3018
section, of the identity of the individual. The notification shall	3019
be transmitted by the judge or the chief clinical officer not	3020
later than seven days after the adjudication or commitment.	3021

(B) The bureau of criminal identification and investigation	3022
shall compile and maintain the notices it receives under division	3023
(A) of this section and shall use them for the purpose of	3024
conducting incompetency records checks pursuant to section 311.41	3025
of the Revised Code. The notices and the information they contain	3026
are confidential, except as provided in this division, and are not	3027
public records.	3028

(C) The attorney general, by rule adopted under Chapter 119.	3029
of the Revised Code, shall prescribe and make available to all	3030
probate judges and all chief clinical officers a form to be used	3031
by them for the purpose of making the notifications required by	3032
division (A) of this section.	3033

Section 2.  That existing sections 1547.69, 2911.21, 2913.02,	3034
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13,	3035
2923.16, 2929.14, 2953.32, and 4749.10 of the Revised Code are	3036
hereby repealed.	3037

Section 3.  That the versions of sections 2923.122, 2929.14,	3038
and 2953.32 of the Revised Code that are scheduled to take effect	3039
January 1, 2004, be amended to read as follows:	3040

Sec. 2923.122.  (A) No person shall knowingly convey, or	3041
attempt to convey, a deadly weapon or dangerous ordnance into a	3042
school safety zone.	3043

(B) No person shall knowingly possess a deadly weapon or	3044
dangerous ordnance in a school safety zone.	3045

(C) No person shall knowingly possess an object in a school	3046
safety zone if both of the following apply:	3047

(1) The object is indistinguishable from a firearm, whether	3048
or not the object is capable of being fired.	3049

(2) The person indicates that the person possesses the object	3050
and that it is a firearm, or the person knowingly displays or	3051
brandishes the object and indicates that it is a firearm.	3052

(D)(1) This section does not apply to officers, agents, or	3053
employees of this or any other state or the United States, or to	3054
law enforcement officers, authorized to carry deadly weapons or	3055
dangerous ordnance and acting within the scope of their duties, to	3056
any security officer employed by a board of education or governing	3057
body of a school during the time that the security officer is on	3058
duty pursuant to that contract of employment, or to any other	3059
person who has written authorization from the board of education	3060
or governing body of a school to convey deadly weapons or	3061
dangerous ordnance into a school safety zone or to possess a	3062
deadly weapon or dangerous ordnance in a school safety zone and	3063
who conveys or possesses the deadly weapon or dangerous ordnance	3064
in accordance with that authorization.	3065

(2) Division (C) of this section does not apply to premises	3066
upon which home schooling is conducted. Division (C) of this	3067
section also does not apply to a school administrator, teacher, or	3068
employee who possesses an object that is indistinguishable from a	3069
firearm for legitimate school purposes during the course of	3070
employment, a student who uses an object that is indistinguishable	3071
from a firearm under the direction of a school administrator,	3072
teacher, or employee, or any other person who with the express	3073
prior approval of a school administrator possesses an object that	3074
is indistinguishable from a firearm for a legitimate purpose,	3075
including the use of the object in a ceremonial activity, a play,	3076
reenactment, or other dramatic presentation, or a ROTC activity or	3077
another similar use of the object.	3078

(3) This section does not apply to a person who conveys or	3079
attempts to convey a handgun into, or possesses a handgun in, a	3080
school safety zone if, at the time of that conveyance, attempted	3081
conveyance, or possession of the handgun, all of the following	3082
apply:	3083

(a) The person does not enter into a school building or onto	3084
school premises and is not at a school activity.	3085

(b) The person is carrying a valid license to carry a	3086
concealed handgun issued to the person under section 2923.125 of	3087
the Revised Code or a license to carry a concealed handgun that	3088
was issued by another state with which the attorney general has	3089
entered into a reciprocity agreement under section 109.69 of the	3090
Revised Code.	3091

(c) The person is in the school safety zone in accordance	3092
with 18 U.S.C. 922(q)(2)(B).	3093

(d) The person is not knowingly in a place described in	3094
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	3095
Revised Code.	3096

(E)(1) Whoever violates division (A) or (B) of this section	3097
is guilty of illegal conveyance or possession of a deadly weapon	3098
or dangerous ordnance in a school safety zone. Except as otherwise	3099
provided in this division, illegal conveyance or possession of a	3100
deadly weapon or dangerous ordnance in a school safety zone is a	3101
felony of the fifth degree. If the offender previously has been	3102
convicted of a violation of this section, illegal conveyance or	3103
possession of a deadly weapon or dangerous ordnance in a school	3104
safety zone is a felony of the fourth degree.	3105

(2) Whoever violates division (C) of this section is guilty	3106
of illegal possession of an object indistinguishable from a	3107
firearm in a school safety zone. Except as otherwise provided in	3108
this division, illegal possession of an object indistinguishable	3109
from a firearm in a school safety zone is a misdemeanor of the	3110
first degree. If the offender previously has been convicted of a	3111
violation of this section, illegal possession of an object	3112
indistinguishable from a firearm in a school safety zone is a	3113
felony of the fifth degree.	3114

(F)(1) In addition to any other penalty imposed upon a person	3115
who is convicted of or pleads guilty to a violation of this	3116
section and subject to division (F)(2) of this section, if the	3117
offender has not attained nineteen years of age, regardless of	3118
whether the offender is attending or is enrolled in a school	3119
operated by a board of education or for which the state board of	3120
education prescribes minimum standards under section 3301.07 of	3121
the Revised Code, the court shall impose upon the offender a class	3122
four suspension of the offender's probationary driver's license,	3123
restricted license, driver's license, commercial driver's license,	3124
temporary instruction permit, or probationary commercial driver's	3125
license that then is in effect from the range specified in	3126
division (A)(4) of section 4510.02 of the Revised Code and shall	3127
deny the offender the issuance of any permit or license of that	3128
type during the period of the suspension.	3129

If the offender is not a resident of this state, the court	3130
shall impose a class four suspension of the nonresident operating	3131
privilege of the offender from the range specified in division	3132
(A)(4) of section 4510.02 of the Revised Code.	3133

(2) If the offender shows good cause why the court should not	3134
suspend one of the types of licenses, permits, or privileges	3135
specified in division (F)(1) of this section or deny the issuance	3136
of one of the temporary instruction permits specified in that	3137
division, the court in its discretion may choose not to impose the	3138
suspension, revocation, or denial required in that division.	3139

(G) As used in this section, "object that is	3140
indistinguishable from a firearm" means an object made,	3141
constructed, or altered so that, to a reasonable person without	3142
specialized training in firearms, the object appears to be a	3143
firearm.	3144

Sec. 2929.14.  (A) Except as provided in division (C),	3145
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	3146
in relation to an offense for which a sentence of death or life	3147
imprisonment is to be imposed, if the court imposing a sentence	3148
upon an offender for a felony elects or is required to impose a	3149
prison term on the offender pursuant to this chapter and is not	3150
prohibited by division (G)(1) of section 2929.13 of the Revised	3151
Code from imposing a prison term on the offender, the court shall	3152
impose a definite prison term that shall be one of the following:	3153

(1) For a felony of the first degree, the prison term shall	3154
be three, four, five, six, seven, eight, nine, or ten years.	3155

(2) For a felony of the second degree, the prison term shall	3156
be two, three, four, five, six, seven, or eight years.	3157

(3) For a felony of the third degree, the prison term shall	3158
be one, two, three, four, or five years.	3159

(4) For a felony of the fourth degree, the prison term shall	3160
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	3161
fourteen, fifteen, sixteen, seventeen, or eighteen months.	3162

(5) For a felony of the fifth degree, the prison term shall	3163
be six, seven, eight, nine, ten, eleven, or twelve months.	3164

(B) Except as provided in division (C), (D)(1), (D)(2),	3165
(D)(3), or (G) of this section, in section 2907.02 of the Revised	3166
Code, or in Chapter 2925. of the Revised Code, if the court	3167
imposing a sentence upon an offender for a felony elects or is	3168
required to impose a prison term on the offender, the court shall	3169
impose the shortest prison term authorized for the offense	3170
pursuant to division (A) of this section, unless one or more of	3171
the following applies:	3172

(1) The offender was serving a prison term at the time of the	3173
offense, or the offender previously had served a prison term.	3174

(2) The court finds on the record that the shortest prison	3175
term will demean the seriousness of the offender's conduct or will	3176
not adequately protect the public from future crime by the	3177
offender or others.	3178

(C) Except as provided in division (G) of this section or in	3179
Chapter 2925. of the Revised Code, the court imposing a sentence	3180
upon an offender for a felony may impose the longest prison term	3181
authorized for the offense pursuant to division (A) of this	3182
section only upon offenders who committed the worst forms of the	3183
offense, upon offenders who pose the greatest likelihood of	3184
committing future crimes, upon certain major drug offenders under	3185
division (D)(3) of this section, and upon certain repeat violent	3186
offenders in accordance with division (D)(2) of this section.	3187

(D)(1)(a) Except as provided in division (D)(1)(e) of this	3188
section, if an offender who is convicted of or pleads guilty to a	3189
felony also is convicted of or pleads guilty to a specification of	3190
the type described in section 2941.141, 2941.144, or 2941.145 of	3191
the Revised Code, the court shall impose on the offender one of	3192
the following prison terms:	3193

(i) A prison term of six years if the specification is of the	3194
type described in section 2941.144 of the Revised Code that	3195
charges the offender with having a firearm that is an automatic	3196
firearm or that was equipped with a firearm muffler or silencer on	3197
or about the offender's person or under the offender's control	3198
while committing the felony;	3199

(ii) A prison term of three years if the specification is of	3200
the type described in section 2941.145 of the Revised Code that	3201
charges the offender with having a firearm on or about the	3202
offender's person or under the offender's control while committing	3203
the offense and displaying the firearm, brandishing the firearm,	3204
indicating that the offender possessed the firearm, or using it to	3205
facilitate the offense;	3206

(iii) A prison term of one year if the specification is of	3207
the type described in section 2941.141 of the Revised Code that	3208
charges the offender with having a firearm on or about the	3209
offender's person or under the offender's control while committing	3210
the felony.	3211

(b) If a court imposes a prison term on an offender under	3212
division (D)(1)(a) of this section, the prison term shall not be	3213
reduced pursuant to section 2929.20, section 2967.193, or any	3214
other provision of Chapter 2967. or Chapter 5120. of the Revised	3215
Code. A court shall not impose more than one prison term on an	3216
offender under division (D)(1)(a) of this section for felonies	3217
committed as part of the same act or transaction.	3218

(c) Except as provided in division (D)(1)(e) of this section,	3219
if an offender who is convicted of or pleads guilty to a violation	3220
of section 2923.161 of the Revised Code or to a felony that	3221
includes, as an essential element, purposely or knowingly causing	3222
or attempting to cause the death of or physical harm to another,	3223
also is convicted of or pleads guilty to a specification of the	3224
type described in section 2941.146 of the Revised Code that	3225
charges the offender with committing the offense by discharging a	3226
firearm from a motor vehicle other than a manufactured home, the	3227
court, after imposing a prison term on the offender for the	3228
violation of section 2923.161 of the Revised Code or for the other	3229
felony offense under division (A), (D)(2), or (D)(3) of this	3230
section, shall impose an additional prison term of five years upon	3231
the offender that shall not be reduced pursuant to section	3232
2929.20, section 2967.193, or any other provision of Chapter 2967.	3233
or Chapter 5120. of the Revised Code. A court shall not impose	3234
more than one additional prison term on an offender under division	3235
(D)(1)(c) of this section for felonies committed as part of the	3236
same act or transaction. If a court imposes an additional prison	3237
term on an offender under division (D)(1)(c) of this section	3238
relative to an offense, the court also shall impose a prison term	3239
under division (D)(1)(a) of this section relative to the same	3240
offense, provided the criteria specified in that division for	3241
imposing an additional prison term are satisfied relative to the	3242
offender and the offense.	3243

(d) If an offender who is convicted of or pleads guilty to an	3244
offense of violence that is a felony also is convicted of or	3245
pleads guilty to a specification of the type described in section	3246
2941.1411 of the Revised Code that charges the offender with	3247
wearing or carrying body armor while committing the felony offense	3248
of violence, the court shall impose on the offender a prison term	3249
of two years. The prison term so imposed shall not be reduced	3250
pursuant to section 2929.20, section 2967.193, or any other	3251
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	3252
court shall not impose more than one prison term on an offender	3253
under division (D)(1)(d) of this section for felonies committed as	3254
part of the same act or transaction. If a court imposes an	3255
additional prison term under division (D)(1)(a) or (c) of this	3256
section, the court is not precluded from imposing an additional	3257
prison term under division (D)(1)(d) of this section.	3258

(e) The court shall not impose any of the prison terms	3259
described in division (D)(1)(a) of this section or any of the	3260
additional prison terms described in division (D)(1)(c) of this	3261
section upon an offender for a violation of section 2923.12 or	3262
2923.123 of the Revised Code. The court shall not impose any of	3263
the prison terms described in division (D)(1)(a) of this section	3264
or any of the additional prison terms described in division	3265
(D)(1)(c) of this section upon an offender for a violation of	3266
section 2923.13 of the Revised Code unless all of the following	3267
apply:	3268

(i) The offender previously has been convicted of aggravated	3269
murder, murder, or any felony of the first or second degree.	3270

(ii) Less than five years have passed since the offender was	3271
released from prison or post-release control, whichever is later,	3272
for the prior offense.	3273

(f) If an offender is convicted of or pleads guilty to a	3274
felony that includes, as an essential element, causing or	3275
attempting to cause the death of or physical harm to another and	3276
also is convicted of or pleads guilty to a specification of the	3277
type described in section 2941.1412 of the Revised Code that	3278
charges the offender with committing the offense by discharging a	3279
firearm at a peace officer as defined in section 2935.01 of the	3280
Revised Code or a corrections officer as defined in section	3281
2941.1412 of the Revised Code, the court, after imposing a prison	3282
term on the offender for the felony offense under division (A),	3283
(D)(2), or (D)(3) of this section, shall impose an additional	3284
prison term of seven years upon the offender that shall not be	3285
reduced pursuant to section 2929.20, section 2967.193, or any	3286
other provision of Chapter 2967. or Chapter 5120. of the Revised	3287
Code. A court shall not impose more than one additional prison	3288
term on an offender under division (D)(1)(f) of this section for	3289
felonies committed as part of the same act or transaction. If a	3290
court imposes an additional prison term on an offender under	3291
division (D)(1)(f) of this section relative to an offense, the	3292
court shall not impose a prison term under division (D)(1)(a) or	3293
(c) of this section relative to the same offense.	3294

(2)(a) If an offender who is convicted of or pleads guilty to	3295
a felony also is convicted of or pleads guilty to a specification	3296
of the type described in section 2941.149 of the Revised Code that	3297
the offender is a repeat violent offender, the court shall impose	3298
a prison term from the range of terms authorized for the offense	3299
under division (A) of this section that may be the longest term in	3300
the range and that shall not be reduced pursuant to section	3301
2929.20, section 2967.193, or any other provision of Chapter 2967.	3302
or Chapter 5120. of the Revised Code. If the court finds that the	3303
repeat violent offender, in committing the offense, caused any	3304
physical harm that carried a substantial risk of death to a person	3305
or that involved substantial permanent incapacity or substantial	3306
permanent disfigurement of a person, the court shall impose the	3307
longest prison term from the range of terms authorized for the	3308
offense under division (A) of this section.	3309

(b) If the court imposing a prison term on a repeat violent	3310
offender imposes the longest prison term from the range of terms	3311
authorized for the offense under division (A) of this section, the	3312
court may impose on the offender an additional definite prison	3313
term of one, two, three, four, five, six, seven, eight, nine, or	3314
ten years if the court finds that both of the following apply with	3315
respect to the prison terms imposed on the offender pursuant to	3316
division (D)(2)(a) of this section and, if applicable, divisions	3317
(D)(1) and (3) of this section:	3318

(i) The terms so imposed are inadequate to punish the	3319
offender and protect the public from future crime, because the	3320
applicable factors under section 2929.12 of the Revised Code	3321
indicating a greater likelihood of recidivism outweigh the	3322
applicable factors under that section indicating a lesser	3323
likelihood of recidivism.	3324

(ii) The terms so imposed are demeaning to the seriousness of	3325
the offense, because one or more of the factors under section	3326
2929.12 of the Revised Code indicating that the offender's conduct	3327
is more serious than conduct normally constituting the offense are	3328
present, and they outweigh the applicable factors under that	3329
section indicating that the offender's conduct is less serious	3330
than conduct normally constituting the offense.	3331

(3)(a) Except when an offender commits a violation of section	3332
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	3333
the violation is life imprisonment or commits a violation of	3334
section 2903.02 of the Revised Code, if the offender commits a	3335
violation of section 2925.03 or 2925.11 of the Revised Code and	3336
that section classifies the offender as a major drug offender and	3337
requires the imposition of a ten-year prison term on the offender,	3338
if the offender commits a felony violation of section 2925.02,	3339
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	3340
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	3341
division (C) of section 4729.51, or division (J) of section	3342
4729.54 of the Revised Code that includes the sale, offer to sell,	3343
or possession of a schedule I or II controlled substance, with the	3344
exception of marihuana, and the court imposing sentence upon the	3345
offender finds that the offender is guilty of a specification of	3346
the type described in section 2941.1410 of the Revised Code	3347
charging that the offender is a major drug offender, if the court	3348
imposing sentence upon an offender for a felony finds that the	3349
offender is guilty of corrupt activity with the most serious	3350
offense in the pattern of corrupt activity being a felony of the	3351
first degree, or if the offender is guilty of an attempted	3352
violation of section 2907.02 of the Revised Code and, had the	3353
offender completed the violation of section 2907.02 of the Revised	3354
Code that was attempted, the offender would have been subject to a	3355
sentence of life imprisonment or life imprisonment without parole	3356
for the violation of section 2907.02 of the Revised Code, the	3357
court shall impose upon the offender for the felony violation a	3358
ten-year prison term that cannot be reduced pursuant to section	3359
2929.20 or Chapter 2967. or 5120. of the Revised Code.	3360

(b) The court imposing a prison term on an offender under	3361
division (D)(3)(a) of this section may impose an additional prison	3362
term of one, two, three, four, five, six, seven, eight, nine, or	3363
ten years, if the court, with respect to the term imposed under	3364
division (D)(3)(a) of this section and, if applicable, divisions	3365
(D)(1) and (2) of this section, makes both of the findings set	3366
forth in divisions (D)(2)(b)(i) and (ii) of this section.	3367

(4) If the offender is being sentenced for a third or fourth	3368
degree felony OVI offense under division (G)(2) of section 2929.13	3369
of the Revised Code, the sentencing court shall impose upon the	3370
offender a mandatory prison term in accordance with that division.	3371
In addition to the mandatory prison term, if the offender is being	3372
sentenced for a fourth degree felony OVI offense, the court,	3373
notwithstanding division (A)(4) of this section, may sentence the	3374
offender to a definite prison term of not less than six months and	3375
not more than thirty months, and if the offender is being	3376
sentenced for a third degree felony OVI offense, the sentencing	3377
court may sentence the offender to an additional prison term of	3378
any duration specified in division (A)(3) of this section. In	3379
either case, the additional prison term imposed shall be reduced	3380
by the sixty or one hundred twenty days imposed upon the offender	3381
as the mandatory prison term. The total of the additional prison	3382
term imposed under division (D)(4) of this section plus the sixty	3383
or one hundred twenty days imposed as the mandatory prison term	3384
shall equal a definite term in the range of six months to thirty	3385
months for a fourth degree felony OVI offense and shall equal one	3386
of the authorized prison terms specified in division (A)(3) of	3387
this section for a third degree felony OVI offense. If the court	3388
imposes an additional prison term under division (D)(4) of this	3389
section, the offender shall serve the additional prison term after	3390
the offender has served the mandatory prison term required for the	3391
offense. The court shall not sentence the offender to a community	3392
control sanction under section 2929.16 or 2929.17 of the Revised	3393
Code.	3394

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	3395
mandatory prison term is imposed upon an offender pursuant to	3396
division (D)(1)(a) of this section for having a firearm on or	3397
about the offender's person or under the offender's control while	3398
committing a felony, if a mandatory prison term is imposed upon an	3399
offender pursuant to division (D)(1)(c) of this section for	3400
committing a felony specified in that division by discharging a	3401
firearm from a motor vehicle, or if both types of mandatory prison	3402
terms are imposed, the offender shall serve any mandatory prison	3403
term imposed under either division consecutively to any other	3404
mandatory prison term imposed under either division or under	3405
division (D)(1)(d) of this section, consecutively to and prior to	3406
any prison term imposed for the underlying felony pursuant to	3407
division (A), (D)(2), or (D)(3) of this section or any other	3408
section of the Revised Code, and consecutively to any other prison	3409
term or mandatory prison term previously or subsequently imposed	3410
upon the offender.	3411

(b) If a mandatory prison term is imposed upon an offender	3412
pursuant to division (D)(1)(d) of this section for wearing or	3413
carrying body armor while committing an offense of violence that	3414
is a felony, the offender shall serve the mandatory term so	3415
imposed consecutively to any other mandatory prison term imposed	3416
under that division or under division (D)(1)(a) or (c) of this	3417
section, consecutively to and prior to any prison term imposed for	3418
the underlying felony under division (A), (D)(2), or (D)(3) of	3419
this section or any other section of the Revised Code, and	3420
consecutively to any other prison term or mandatory prison term	3421
previously or subsequently imposed upon the offender.	3422

(c) If a mandatory prison term is imposed upon an offender	3423
pursuant to division (D)(1)(f) of this section, the offender shall	3424
serve the mandatory prison term so imposed consecutively to and	3425
prior to any prison term imposed for the underlying felony under	3426
division (A), (D)(2), or (D)(3) of this section or any other	3427
section of the Revised Code, and consecutively to any other prison	3428
term or mandatory prison term previously or subsequently imposed	3429
upon the offender.	3430

(2) If an offender who is an inmate in a jail, prison, or	3431
other residential detention facility violates section 2917.02,	3432
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3433
who is under detention at a detention facility commits a felony	3434
violation of section 2923.131 of the Revised Code, or if an	3435
offender who is an inmate in a jail, prison, or other residential	3436
detention facility or is under detention at a detention facility	3437
commits another felony while the offender is an escapee in	3438
violation of section 2921.34 of the Revised Code, any prison term	3439
imposed upon the offender for one of those violations shall be	3440
served by the offender consecutively to the prison term or term of	3441
imprisonment the offender was serving when the offender committed	3442
that offense and to any other prison term previously or	3443
subsequently imposed upon the offender.	3444

(3) If a prison term is imposed for a violation of division	3445
(B) of section 2911.01 of the Revised Code, a violation of	3446
division (A) of section 2913.02 of the Revised Code in which the	3447
stolen property is a firearm or dangerous ordnance, or if a prison	3448
term is imposed for a felony violation of division (B) of section	3449
2921.331 of the Revised Code, the offender shall serve that prison	3450
term consecutively to any other prison term or mandatory prison	3451
term previously or subsequently imposed upon the offender.	3452

(4) If multiple prison terms are imposed on an offender for	3453
convictions of multiple offenses, the court may require the	3454
offender to serve the prison terms consecutively if the court	3455
finds that the consecutive service is necessary to protect the	3456
public from future crime or to punish the offender and that	3457
consecutive sentences are not disproportionate to the seriousness	3458
of the offender's conduct and to the danger the offender poses to	3459
the public, and if the court also finds any of the following:	3460

(a) The offender committed one or more of the multiple	3461
offenses while the offender was awaiting trial or sentencing, was	3462
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3463
2929.18 of the Revised Code, or was under post-release control for	3464
a prior offense.	3465

(b) At least two of the multiple offenses were committed as	3466
part of one or more courses of conduct, and the harm caused by two	3467
or more of the multiple offenses so committed was so great or	3468
unusual that no single prison term for any of the offenses	3469
committed as part of any of the courses of conduct adequately	3470
reflects the seriousness of the offender's conduct.	3471

(c) The offender's history of criminal conduct demonstrates	3472
that consecutive sentences are necessary to protect the public	3473
from future crime by the offender.	3474

(5) When consecutive prison terms are imposed pursuant to	3475
division (E)(1), (2), (3), or (4) of this section, the term to be	3476
served is the aggregate of all of the terms so imposed.	3477

(F) If a court imposes a prison term of a type described in	3478
division (B) of section 2967.28 of the Revised Code, it shall	3479
include in the sentence a requirement that the offender be subject	3480
to a period of post-release control after the offender's release	3481
from imprisonment, in accordance with that division. If a court	3482
imposes a prison term of a type described in division (C) of that	3483
section, it shall include in the sentence a requirement that the	3484
offender be subject to a period of post-release control after the	3485
offender's release from imprisonment, in accordance with that	3486
division, if the parole board determines that a period of	3487
post-release control is necessary.	3488

(G) If a person is convicted of or pleads guilty to a	3489
sexually violent offense and also is convicted of or pleads guilty	3490
to a sexually violent predator specification that was included in	3491
the indictment, count in the indictment, or information charging	3492
that offense, the court shall impose sentence upon the offender in	3493
accordance with section 2971.03 of the Revised Code, and Chapter	3494
2971. of the Revised Code applies regarding the prison term or	3495
term of life imprisonment without parole imposed upon the offender	3496
and the service of that term of imprisonment.	3497

(H) If a person who has been convicted of or pleaded guilty	3498
to a felony is sentenced to a prison term or term of imprisonment	3499
under this section, sections 2929.02 to 2929.06 of the Revised	3500
Code, section 2971.03 of the Revised Code, or any other provision	3501
of law, section 5120.163 of the Revised Code applies regarding the	3502
person while the person is confined in a state correctional	3503
institution.	3504

(I) If an offender who is convicted of or pleads guilty to a	3505
felony that is an offense of violence also is convicted of or	3506
pleads guilty to a specification of the type described in section	3507
2941.142 of the Revised Code that charges the offender with having	3508
committed the felony while participating in a criminal gang, the	3509
court shall impose upon the offender an additional prison term of	3510
one, two, or three years.	3511

(J) If an offender who is convicted of or pleads guilty to	3512
aggravated murder, murder, or a felony of the first, second, or	3513
third degree that is an offense of violence also is convicted of	3514
or pleads guilty to a specification of the type described in	3515
section 2941.143 of the Revised Code that charges the offender	3516
with having committed the offense in a school safety zone or	3517
towards a person in a school safety zone, the court shall impose	3518
upon the offender an additional prison term of two years. The	3519
offender shall serve the additional two years consecutively to and	3520
prior to the prison term imposed for the underlying offense.	3521

(K) At the time of sentencing, the court may recommend the	3522
offender for placement in a program of shock incarceration under	3523
section 5120.031 of the Revised Code or for placement in an	3524
intensive program prison under section 5120.032 of the Revised	3525
Code, disapprove placement of the offender in a program of shock	3526
incarceration or an intensive program prison of that nature, or	3527
make no recommendation on placement of the offender. In no case	3528
shall the department of rehabilitation and correction place the	3529
offender in a program or prison of that nature unless the	3530
department determines as specified in section 5120.031 or 5120.032	3531
of the Revised Code, whichever is applicable, that the offender is	3532
eligible for the placement.	3533

If the court disapproves placement of the offender in a	3534
program or prison of that nature, the department of rehabilitation	3535
and correction shall not place the offender in any program of	3536
shock incarceration or intensive program prison.	3537

If the court recommends placement of the offender in a	3538
program of shock incarceration or in an intensive program prison,	3539
and if the offender is subsequently placed in the recommended	3540
program or prison, the department shall notify the court of the	3541
placement and shall include with the notice a brief description of	3542
the placement.	3543

If the court recommends placement of the offender in a	3544
program of shock incarceration or in an intensive program prison	3545
and the department does not subsequently place the offender in the	3546
recommended program or prison, the department shall send a notice	3547
to the court indicating why the offender was not placed in the	3548
recommended program or prison.	3549

If the court does not make a recommendation under this	3550
division with respect to an offender and if the department	3551
determines as specified in section 5120.031 or 5120.032 of the	3552
Revised Code, whichever is applicable, that the offender is	3553
eligible for placement in a program or prison of that nature, the	3554
department shall screen the offender and determine if there is an	3555
available program of shock incarceration or an intensive program	3556
prison for which the offender is suited. If there is an available	3557
program of shock incarceration or an intensive program prison for	3558
which the offender is suited, the department shall notify the	3559
court of the proposed placement of the offender as specified in	3560
section 5120.031 or 5120.032 of the Revised Code and shall include	3561
with the notice a brief description of the placement. The court	3562
shall have ten days from receipt of the notice to disapprove the	3563
placement.	3564

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	3565
of the Revised Code, a first offender may apply to the sentencing	3566
court if convicted in this state, or to a court of common pleas if	3567
convicted in another state or in a federal court, for the sealing	3568
of the conviction record. Application may be made at the	3569
expiration of three years after the offender's final discharge if	3570
convicted of a felony, or at the expiration of one year after the	3571
offender's final discharge if convicted of a misdemeanor.	3572

(2) Any person who has been arrested for any misdemeanor	3573
offense and who has effected a bail forfeiture may apply to the	3574
court in which the misdemeanor criminal case was pending when bail	3575
was forfeited for the sealing of the record of the case. Except as	3576
provided in section 2953.61 of the Revised Code, the application	3577
may be filed at any time after the expiration of one year from the	3578
date on which the bail forfeiture was entered upon the minutes of	3579
the court or the journal, whichever entry occurs first.	3580

(B) Upon the filing of an application under this section, the	3581
court shall set a date for a hearing and shall notify the	3582
prosecutor for the case of the hearing on the application. The	3583
prosecutor may object to the granting of the application by filing	3584
an objection with the court prior to the date set for the hearing.	3585
The prosecutor shall specify in the objection the reasons for	3586
believing a denial of the application is justified. The court	3587
shall direct its regular probation officer, a state probation	3588
officer, or the department of probation of the county in which the	3589
applicant resides to make inquiries and written reports as the	3590
court requires concerning the applicant.	3591

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

3592

(a) Determine whether the applicant is a first offender or	3593
whether the forfeiture of bail was agreed to by the applicant and	3594
the prosecutor in the case. If the applicant applies as a first	3595
offender pursuant to division (A)(1) of this section and has two	3596
or three convictions that result from the same indictment,	3597
information, or complaint, from the same plea of guilty, or from	3598
the same official proceeding, and result from related criminal	3599
acts that were committed within a three-month period but do not	3600
result from the same act or from offenses committed at the same	3601
time, in making its determination under this division, the court	3602
initially shall determine whether it is not in the public interest	3603
for the two or three convictions to be counted as one conviction.	3604
If the court determines that it is not in the public interest for	3605
the two or three convictions to be counted as one conviction, the	3606
court shall determine that the applicant is not a first offender;	3607
if the court does not make that determination, the court shall	3608
determine that the offender is a first offender.	3609

(b) Determine whether criminal proceedings are pending	3610
against the applicant;	3611

(c) If the applicant is a first offender who applies pursuant	3612
to division (A)(1) of this section, determine whether the	3613
applicant has been rehabilitated to the satisfaction of the court;	3614

(d) If the prosecutor has filed an objection in accordance	3615
with division (B) of this section, consider the reasons against	3616
granting the application specified by the prosecutor in the	3617
objection;	3618

(e) Weigh the interests of the applicant in having the	3619
records pertaining to the applicant's conviction sealed against	3620
the legitimate needs, if any, of the government to maintain those	3621
records.	3622

(2) If the court determines, after complying with division	3623
(C)(1) of this section, that the applicant is a first offender or	3624
the subject of a bail forfeiture, that no criminal proceeding is	3625
pending against the applicant, and that the interests of the	3626
applicant in having the records pertaining to the applicant's	3627
conviction or bail forfeiture sealed are not outweighed by any	3628
legitimate governmental needs to maintain those records, and that	3629
the rehabilitation of an applicant who is a first offender	3630
applying pursuant to division (A)(1) of this section has been	3631
attained to the satisfaction of the court, the court, except as	3632
provided in division (G) of this section, shall order all official	3633
records pertaining to the case sealed and, except as provided in	3634
division (F) of this section, all index references to the case	3635
deleted and, in the case of bail forfeitures, shall dismiss the	3636
charges in the case. The proceedings in the case shall be	3637
considered not to have occurred and the conviction or bail	3638
forfeiture of the person who is the subject of the proceedings	3639
shall be sealed, except that upon conviction of a subsequent	3640
offense, the sealed record of prior conviction or bail forfeiture	3641
may be considered by the court in determining the sentence or	3642
other appropriate disposition, including the relief provided for	3643
in sections 2953.31 to 2953.33 of the Revised Code.	3644

(3) Upon the filing of an application under this section, the	3645
applicant, unless indigent, shall pay a fee of fifty dollars. The	3646
court shall pay thirty dollars of the fee into the state treasury.	3647
It shall pay twenty dollars of the fee into the county general	3648
revenue fund if the sealed conviction or bail forfeiture was	3649
pursuant to a state statute, or into the general revenue fund of	3650
the municipal corporation involved if the sealed conviction or	3651
bail forfeiture was pursuant to a municipal ordinance.	3652

(D) Inspection of the sealed records included in the order	3653
may be made only by the following persons or for the following	3654
purposes:	3655

(1) By a law enforcement officer or prosecutor, or the	3656
assistants of either, to determine whether the nature and	3657
character of the offense with which a person is to be charged	3658
would be affected by virtue of the person's previously having been	3659
convicted of a crime;	3660

(2) By the parole or probation officer of the person who is	3661
the subject of the records, for the exclusive use of the officer	3662
in supervising the person while on parole or under a community	3663
control sanction or a post-release control sanction, and in making	3664
inquiries and written reports as requested by the court or adult	3665
parole authority;	3666

(3) Upon application by the person who is the subject of the	3667
records, by the persons named in the application;	3668

(4) By a law enforcement officer who was involved in the	3669
case, for use in the officer's defense of a civil action arising	3670
out of the officer's involvement in that case;	3671

(5) By a prosecuting attorney or the prosecuting attorney's	3672
assistants, to determine a defendant's eligibility to enter a	3673
pre-trial diversion program established pursuant to section	3674
2935.36 of the Revised Code;	3675

(6) By any law enforcement agency or any authorized employee	3676
of a law enforcement agency or by the department of rehabilitation	3677
and correction as part of a background investigation of a person	3678
who applies for employment with the agency as a law enforcement	3679
officer or with the department as a corrections officer;	3680

(7) By any law enforcement agency or any authorized employee	3681
of a law enforcement agency, for the purposes set forth in, and in	3682
the manner provided in, section 2953.321 of the Revised Code;	3683

(8) By the bureau of criminal identification and	3684
investigation or any authorized employee of the bureau for the	3685
purpose of providing information to a board or person pursuant to	3686
division (F) or (G) of section 109.57 of the Revised Code;	3687

(9) By the bureau of criminal identification and	3688
investigation or any authorized employee of the bureau for the	3689
purpose of performing a criminal history records check on a person	3690
to whom a certificate as prescribed in section 109.77 of the	3691
Revised Code is to be awarded;	3692

(10) By the bureau of criminal identification and	3693
investigation, an authorized employee of the bureau, a sheriff, or	3694
an authorized employee of a sheriff in connection with a criminal	3695
records check described in section 311.41 of the Revised Code.	3696

When the nature and character of the offense with which a	3697
person is to be charged would be affected by the information, it	3698
may be used for the purpose of charging the person with an	3699
offense.	3700

(E) In any criminal proceeding, proof of any otherwise	3701
admissible prior conviction may be introduced and proved,	3702
notwithstanding the fact that for any such prior conviction an	3703
order of sealing previously was issued pursuant to sections	3704
2953.31 to 2953.36 of the Revised Code.	3705

(F) The person or governmental agency, office, or department	3706
that maintains sealed records pertaining to convictions or bail	3707
forfeitures that have been sealed pursuant to this section may	3708
maintain a manual or computerized index to the sealed records. The	3709
index shall contain only the name of, and alphanumeric identifiers	3710
that relate to, the persons who are the subject of the sealed	3711
records, the word "sealed," and the name of the person, agency,	3712
office, or department that has custody of the sealed records, and	3713
shall not contain the name of the crime committed. The index shall	3714
be made available by the person who has custody of the sealed	3715
records only for the purposes set forth in divisions (C), (D), and	3716
(E) of this section.	3717

(G) Notwithstanding any provision of this section or section	3718
2953.33 of the Revised Code that requires otherwise, a board of	3719
education of a city, local, exempted village, or joint vocational	3720
school district that maintains records of an individual who has	3721
been permanently excluded under sections 3301.121 and 3313.662 of	3722
the Revised Code is permitted to maintain records regarding a	3723
conviction that was used as the basis for the individual's	3724
permanent exclusion, regardless of a court order to seal the	3725
record. An order issued under this section to seal the record of a	3726
conviction does not revoke the adjudication order of the	3727
superintendent of public instruction to permanently exclude the	3728
individual who is the subject of the sealing order. An order	3729
issued under this section to seal the record of a conviction of an	3730
individual may be presented to a district superintendent as	3731
evidence to support the contention that the superintendent should	3732
recommend that the permanent exclusion of the individual who is	3733
the subject of the sealing order be revoked. Except as otherwise	3734
authorized by this division and sections 3301.121 and 3313.662 of	3735
the Revised Code, any school employee in possession of or having	3736
access to the sealed conviction records of an individual that were	3737
the basis of a permanent exclusion of the individual is subject to	3738
section 2953.35 of the Revised Code.	3739

Section 4. That existing versions of sections 2923.122,	3740
2929.14, and 2953.32 of the Revised Code that are scheduled to	3741
take effect January 1, 2004, are hereby repealed.	3742

Section 5. Sections 3 and 4 of this act shall take effect on	3743
January 1, 2004.	3744

Section 6.  In amending sections 1547.69, 2911.21, 2921.13,	3745
2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and	3746
4749.10 of the Revised Code and in enacting sections 109.69,	3747
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised	3748
Code in this act, the General Assembly hereby declares its intent	3749
to recognize both of the following:	3750

(A) The inalienable and fundamental right of an individual to	3751
defend the individual's person and the members of the individual's	3752
family;	3753

(B) The fact that the right described in division (A) of this	3754
section predates the adoption of the United States Constitution,	3755
the adoption of the Ohio Constitution, and the enactment of all	3756
statutory laws by the General Assembly and may not be infringed by	3757
any enactment of the General Assembly.	3758

Section 7.  In enacting sections 109.69, 109.731, 311.41,	3760
311.42, and 2923.124 to 2923.1212 of the Revised Code in this act	3761
and in amending sections 1547.69, 2911.21, 2921.13, 2923.12,	3762
2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the	3763
Revised Code in this act relative to licenses to carry a concealed	3764
handgun, the General Assembly hereby declares that it is not its	3765
intent to declare or otherwise give the impression that, prior to	3766
the effective date of this act, an individual did not have an	3767
inalienable and fundamental right, or a right under the Ohio	3768
Constitution or the United States Constitution, to carry a	3769
concealed handgun or other firearm for the defense of the	3770
individual's person or a member of the individual's family while	3771
engaged in lawful activity. Further, the General Assembly declares	3772
that it is not its intent to invalidate any prior convictions for	3773
violating any section of the Revised Code or a municipal ordinance	3774
prior to the effective date of this act or to prevent the	3775
prosecution of any violation committed prior to the effective date	3776
of this act.	3777

Section 8.  Within thirty days after the effective date of	3778
this act, the Ohio Peace Officer Training Commission shall submit	3779
the rules required under section 109.731 of the Revised Code to	3780
the Joint Committee on Agency Rule Review. Within thirty days	3781
after those rules take effect, the Commission shall prepare and	3782
make available to the sheriffs of this state the application and	3783
license forms described in division (A) of section 109.731 of the	3784
Revised Code and the pamphlet described in division (B) of that	3785
section and shall prescribe the license fee described in division	3786
(C) of that section. The Commission shall submit its first annual	3787
statistical report described in division (D) of that section not	3788
later than fifteen months after the effective date of this act.	3789

Section 9. The General Assembly finds that licenses to carry	3790
concealed handguns are a matter of statewide concern and wishes to	3791
ensure uniformity throughout the state regarding the	3792
qualifications for a person to hold a license to carry a concealed	3793
handgun and the authority granted to a person holding a license of	3794
that nature. It is the intent of the General Assembly in amending	3795
sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123,	3796
2923.16, 2953.32, and 4749.10 and enacting sections 109.69,	3797
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised	3798
Code to enact laws of a general nature, and, by enacting those	3799
laws of a general nature, the state occupies and preempts the	3800
field of issuing licenses to carry a concealed handgun and the	3801
validity of licenses of that nature. No municipal corporation may	3802
adopt or continue in existence any ordinance, and no township may	3803
adopt or continue in existence any resolution, that is in conflict	3804
with those sections, including, but not limited to, any ordinance	3805
or resolution that attempts to restrict the places where a person	3806
possessing a valid license to carry a concealed handgun may carry	3807
a handgun concealed.	3808

Section 10. If any provision of sections 1547.69, 2911.21,	3809
2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14,	3810
2953.32, and 4749.10 of the Revised Code, as amended by this act,	3811
any provision of sections 109.69, 109.731, 311.41, 311.42,	3812
2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129,	3813
2923.1210, 2923.1211, and 2923.1212 of the Revised Code, as	3814
enacted by this act, or the application of any provision of those	3815
sections to any person or circumstance is held invalid, the	3816
invalidity does not affect other provisions or applications of the	3817
particular section or related sections that can be given effect	3818
without the invalid provision or application, and to this end the	3819
provisions of the particular section are severable.	3820

Section 11. (A) Section 2929.14 of the Revised Code,	3821
effective until January 1, 2004, is presented in Section 1 of this	3822
act as a composite of the section as amended by Sub. H.B. 130, Am.	3823
Sub. H.B. 327, and Sub. H.B. 485 of the 124th General Assembly.	3824
The General Assembly, applying the principle stated in division	3825
(B) of section 1.52 of the Revised Code that amendments are to be	3826
harmonized if reasonably capable of simultaneous operation, finds	3827
that the composite is the resulting version of the section in	3828
effect prior to the effective date of the section as presented in	3829
Section 1 of this act.	3830

(B) Section 2929.14 of the Revised Code, effective on January	3831
1, 2004, is presented in Section 3 of this act as a composite of	3832
the section as amended by Sub. H.B. 130, Am. Sub. H.B. 327, Sub.	3833
H.B. 485, and Am. Sub. S.B. 123 of the 124th General Assembly. The	3834
General Assembly, applying the principle stated in division (B) of	3835
section 1.52 of the Revised Code that amendments are to be	3836
harmonized if reasonably capable of simultaneous operation, finds	3837
that the composite is the resulting version of the section in	3838
effect prior to the effective date of the section as presented in	3839
Section 3 of this act.	3840