SENATORS Austria, Jordan, Schuring

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) No person who is charged with a violation of this	723
section shall be required to obtain a license to carry a concealed	724
handgun under section 2923.125 of the Revised Code as a condition	725
for the dismissal of the charge.	726

(F)(1) Whoever violates this section is guilty of carrying	727
concealed weapons,. Except as otherwise provided in this division	728
or division (F)(2) of this section, carrying concealed weapons in	729
violation of division (A) of this section is a misdemeanor of the	730
first degree. IfExcept as otherwise provided in this division or	731
division (F)(2) of this section, if the offender previously has	732
been convicted of a violation of this section or of any offense of	733
violence, if the weapon involved is a firearm that is either	734
loaded or for which the offender has ammunition ready at hand, or	735
if the weapon involved is dangerous ordnance, carrying concealed	736
weapons in violation of division (A) of this section is a felony	737
of the fourth degree. IfExcept as otherwise provided in division	738
(F)(2) of this section, if the weapon involved is a firearm and	739
the violation of this section is committed at premises for which a	740
D permit has been issued under Chapter 4303. of the Revised Code	741
or if the offense is committed aboard an aircraft, or with purpose	742
to carry a concealed weapon aboard an aircraft, regardless of the	743
weapon involved, carrying concealed weapons in violation of	744
division (A) of this section is a felony of the third degree.	745

(2) If a person being arrested for a violation of division	746
(A)(2) of this section promptly produces a valid license issued	747
under section 2923.125 of the Revised Code or a license to carry a	748
concealed handgun that was issued by another state with which the	749
attorney general has entered into a reciprocity agreement under	750
section 109.69 of the Revised Code, and if at the time of the	751
violation the person was not knowingly in a place described in	752
division (B) of section 2923.126 of the Revised Code, the officer	753
shall not arrest the person for a violation of that division. If	754
the person is not able to promptly produce either type of license	755
and if the person is not in a place described in that section, the	756
officer may arrest the person for a violation of that division,	757
and the offender shall be punished as follows:	758

(a) The offender shall be guilty of a minor misdemeanor if	759
both of the following apply:	760

(i) Within ten days after the arrest, the offender presents a	761
license to carry a concealed handgun under section 2923.125 of the	762
Revised Code or a license to carry a concealed handgun that was	763
issued by another state with which the attorney general has	764
entered into a reciprocity agreement under section 109.69 of the	765
Revised Code, which license was valid at the time of the arrest to	766
the law enforcement agency that employs the arresting officer.	767

(ii) At the time of the arrest, the offender was not	768
knowingly in a place described in division (B) of section 2923.126	769
of the Revised Code.	770

(b) The offender shall be guilty of a misdemeanor and shall	771
be fined five hundred dollars if all of the following apply:	772

(i) The offender previously had been issued a license to	773
carry a concealed handgun under section 2923.125 of the Revised	774
Code or a license to carry a concealed handgun that was issued by	775
another state with which the attorney general has entered into a	776
reciprocity agreement under section 109.69 of the Revised Code,	777
and that license expired within the two years immediately	778
preceding the arrest.	779

(ii) Within forty-five days after the arrest, the offender	780
presents either type of license identified in division	781
(F)(2)(b)(i) of this section to the law enforcement agency that	782
employed the arresting officer, and the offender waives in writing	783
the offender's right to a speedy trial on the charge of the	784
violation that is provided in section 2945.71 of the Revised Code.	785

(iii) At the time of the commission of the offense, the	786
offender was not knowingly in a place described in division (B) of	787
section 2923.126 of the Revised Code.	788

(c) If neither division (F)(2)(a) nor (b) of this section	789
applies, the offender shall be punished under division (F)(1) of	790
this section.	791

(3) Carrying concealed weapons in violation of division (B)	792
of this section is a misdemeanor of the fourth degree.	793

Sec. 2923.121.  (A) No person shall possess a firearm in any	794
room in which liquor is being dispensed in premises for which a D	795
permit has been issued under Chapter 4303. of the Revised Code or	796
in an open air arena for which a permit of that nature has been	797
issued.	798

(B)(1) This section does not apply to officers, agents, or	799
employees of this or any other state or the United States, or to	800
law enforcement officers, authorized to carry firearms, and acting	801
within the scope of their duties.	802

(2) This section does not apply to any room used for the	803
accommodation of guests of a hotel, as defined in section 4301.01	804
of the Revised Code.	805

(3) This section does not prohibit any person who is a member	806
of a veteran's organization, as defined in section 2915.01 of the	807
Revised Code, from possessing a rifle in any room in any premises	808
owned, leased, or otherwise under the control of the veteran's	809
organization, if the rifle is not loaded with live ammunition and	810
if the person otherwise is not prohibited by law from having the	811
rifle.	812

(4) This section does not apply to any person possessing or	813
displaying firearms in any room used to exhibit unloaded firearms	814
for sale or trade in a soldiers' memorial established pursuant to	815
Chapter 345. of the Revised Code, in a convention center, or in	816
any other public meeting place, if the person is an exhibitor,	817
trader, purchaser, or seller of firearms and is not otherwise	818
prohibited by law from possessing, trading, purchasing, or selling	819
the firearms.	820

(C) It is an affirmative defense to a charge under this	821
section of illegal possession of a firearm in liquor permit	822
premises, that the actor was not otherwise prohibited by law from	823
having the firearm, and that any of the following apply:	824

(1) The firearm was carried or kept ready at hand by the	825
actor for defensive purposes, while the actor was engaged in or	826
was going to or from the actor's lawful business or occupation,	827
which business or occupation was of such character or was	828
necessarily carried on in such manner or at such a time or place	829
as to render the actor particularly susceptible to criminal	830
attack, such as would justify a prudent person in going armed.	831

(2) The firearm was carried or kept ready at hand by the	832
actor for defensive purposes, while the actor was engaged in a	833
lawful activity, and had reasonable cause to fear a criminal	834
attack upon the actor or a member of the actor's family, or upon	835
the actor's home, such as would justify a prudent person in going	836
armed.	837

(D) No person who is charged with a violation of this section	838
shall be required to obtain a license to carry a concealed handgun	839
under section 2923.125 of the Revised Code as a condition for the	840
dismissal of the charge.	841

(E) Whoever violates this section is guilty of illegal	842
possession of a firearm in liquor permit premises, a felony of the	843
fifth degree.	844

Sec. 2923.122.  (A) No person shall knowingly convey, or	845
attempt to convey, a deadly weapon or dangerous ordnance into a	846
school safety zone.	847

(B) No person shall knowingly possess a deadly weapon or	848
dangerous ordnance in a school safety zone.	849

(C) No person shall knowingly possess an object in a school	850
safety zone if both of the following apply:	851

(1) The object is indistinguishable from a firearm, whether	852
or not the object is capable of being fired.	853

(2) The person indicates that the person possesses the object	854
and that it is a firearm, or the person knowingly displays or	855
brandishes the object and indicates that it is a firearm.	856

(D)(1) This section does not apply to officers, agents, or	857
employees of this or any other state or the United States, or to	858
law enforcement officers, authorized to carry deadly weapons or	859
dangerous ordnance and acting within the scope of their duties, to	860
any security officer employed by a board of education or governing	861
body of a school during the time that the security officer is on	862
duty pursuant to that contract of employment, or to any other	863
person who has written authorization from the board of education	864
or governing body of a school to convey deadly weapons or	865
dangerous ordnance into a school safety zone or to possess a	866
deadly weapon or dangerous ordnance in a school safety zone and	867
who conveys or possesses the deadly weapon or dangerous ordnance	868
in accordance with that authorization.	869

(2) Division (C) of this section does not apply to premises	870
upon which home schooling is conducted. Division (C) of this	871
section also does not apply to a school administrator, teacher, or	872
employee who possesses an object that is indistinguishable from a	873
firearm for legitimate school purposes during the course of	874
employment, a student who uses an object that is indistinguishable	875
from a firearm under the direction of a school administrator,	876
teacher, or employee, or any other person who with the express	877
prior approval of a school administrator possesses an object that	878
is indistinguishable from a firearm for a legitimate purpose,	879
including the use of the object in a ceremonial activity, a play,	880
reenactment, or other dramatic presentation, or a ROTC activity or	881
another similar use of the object.	882

(3) This section does not apply to a person who conveys or	883
attempts to convey a handgun into, or possesses a handgun in, a	884
school safety zone if, at the time of that conveyance, attempted	885
conveyance, or possession of the handgun, all of the following	886
apply:	887

(a) The person does not enter into a school building or onto	888
school premises and is not at a school activity.	889

(b) The person is carrying a valid license to carry a	890
concealed handgun issued to the person under section 2923.125 of	891
the Revised Code or a license to carry a concealed handgun that	892
was issued by another state with which the attorney general has	893
entered into a reciprocity agreement under section 109.69 of the	894
Revised Code.	895

(c) The person is in the school safety zone in accordance	896
with 18 U.S.C. 922(q)(2)(B).	897

(d) The person is not knowingly in a place described in	898
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	899
Revised Code.	900

(E)(1) Whoever violates division (A) or (B) of this section	901
is guilty of illegal conveyance or possession of a deadly weapon	902
or dangerous ordnance in a school safety zone. Except as otherwise	903
provided in this division, illegal conveyance or possession of a	904
deadly weapon or dangerous ordnance in a school safety zone is a	905
felony of the fifth degree. If the offender previously has been	906
convicted of a violation of this section, illegal conveyance or	907
possession of a deadly weapon or dangerous ordnance in a school	908
safety zone is a felony of the fourth degree.	909

(2) Whoever violates division (C) of this section is guilty	910
of illegal possession of an object indistinguishable from a	911
firearm in a school safety zone. Except as otherwise provided in	912
this division, illegal possession of an object indistinguishable	913
from a firearm in a school safety zone is a misdemeanor of the	914
first degree. If the offender previously has been convicted of a	915
violation of this section, illegal possession of an object	916
indistinguishable from a firearm in a school safety zone is a	917
felony of the fifth degree.	918

(F)(1) In addition to any other penalty imposed upon a person	919
who is convicted of or pleads guilty to a violation of this	920
section and subject to division (F)(2) of this section, if the	921
offender has not attained nineteen years of age, regardless of	922
whether the offender is attending or is enrolled in a school	923
operated by a board of education or for which the state board of	924
education prescribes minimum standards under section 3301.07 of	925
the Revised Code, the court shall impose upon the offender	926
whichever of the following penalties applies:	927

(a) If the offender has been issued a probationary driver's	928
license, restricted license, driver's license, or probationary	929
commercial driver's license that then is in effect, the court	930
shall suspend for a period of not less than twelve months and not	931
more than thirty-six months that license of the offender.	932

(b) If the offender has been issued a temporary instruction	933
permit that then is in effect, the court shall revoke it and deny	934
the offender the issuance of another temporary instruction permit,	935
and the period of denial shall be for not less than twelve months	936
and not more than thirty-six months.	937

(c) If the offender has been issued a commercial driver's	938
license temporary instruction permit that then is in effect, the	939
court shall suspend the offender's driver's license, revoke the	940
commercial driver's license temporary instruction permit, and deny	941
the offender the issuance of another commercial driver's license	942
temporary instruction permit, and the period of suspension plus	943
the period of denial shall total not less than twelve months and	944
not more than thirty-six months.	945

(d) If, on the date the court imposes sentence upon the	946
offender for a violation of this section, the offender has not	947
been issued any type of license that then is in effect to operate	948
a motor vehicle in this state or a temporary instruction permit	949
that then is in effect, the court shall deny the offender the	950
issuance of a temporary instruction permit for a period of not	951
less than twelve months and not more than thirty-six months.	952

(e) If the offender is not a resident of this state, the	953
court shall suspend for a period of not less than twelve months	954
and not more than thirty-six months the nonresident operating	955
privilege of the offender.	956

(2) If the offender shows good cause why the court should not	957
suspend or revoke one of the types of licenses, permits, or	958
privileges specified in division (F)(1) of this section or deny	959
the issuance of one of the temporary instruction permits specified	960
in that division, the court in its discretion may choose not to	961
impose the suspension, revocation, or denial required in that	962
division.	963

(G) As used in this section, "object that is	964
indistinguishable from a firearm" means an object made,	965
constructed, or altered so that, to a reasonable person without	966
specialized training in firearms, the object appears to be a	967
firearm.	968

Sec. 2923.123.  (A) No person shall knowingly convey or	969
attempt to convey a deadly weapon or dangerous ordnance into a	970
courthouse or into another building or structure in which a	971
courtroom is located.	972

(B) No person shall knowingly possess or have under the	973
person's control a deadly weapon or dangerous ordnance in a	974
courthouse or in another building or structure in which a	975
courtroom is located.	976

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

977

(1) A judge of a court of record of this state or a	978
magistrate, unless a rule of superintendence or another type of	979
rule adopted by the supreme court pursuant to Article IV, Ohio	980
Constitution, or an applicable local rule of court prohibits all	981
persons from conveying or attempting to convey a deadly weapon or	982
dangerous ordnance into a courthouse or into another building or	983
structure in which a courtroom is located or from possessing or	984
having under one's control a deadly weapon or dangerous ordnance	985
in a courthouse or in another building or structure in which a	986
courtroom is located;	987

(2) A peace officer, or an officer of a law enforcement	988
agency of another state, a political subdivision of another state,	989
or the United States, who is authorized to carry a deadly weapon	990
or dangerous ordnance, who possesses or has under that	991
individual's control a deadly weapon or dangerous ordnance as a	992
requirement of that individual's duties, and who is acting within	993
the scope of that individual's duties at the time of that	994
possession or control, unless a rule of superintendence or another	995
type of rule adopted by the supreme court pursuant to Article IV,	996
Ohio Constitution, or an applicable local rule of court prohibits	997
all persons from conveying or attempting to convey a deadly weapon	998
or dangerous ordnance into a courthouse or into another building	999
or structure in which a courtroom is located or from possessing or	1000
having under one's control a deadly weapon or dangerous ordnance	1001
in a courthouse or in another building or structure in which a	1002
courtroom is located;	1003

(3) A person who conveys, attempts to convey, possesses, or	1004
has under the person's control a deadly weapon or dangerous	1005
ordnance that is to be used as evidence in a pending criminal or	1006
civil action or proceeding;	1007

(4) A bailiff or deputy bailiff of a court of record of this	1008
state who is authorized to carry a firearm pursuant to section	1009
109.77 of the Revised Code, who possesses or has under that	1010
individual's control a firearm as a requirement of that	1011
individual's duties, and who is acting within the scope of that	1012
individual's duties at the time of that possession or control,	1013
unless a rule of superintendence or another type of rule adopted	1014
by the supreme court pursuant to Article IV, Ohio Constitution, or	1015
an applicable local rule of court prohibits all persons from	1016
conveying or attempting to convey a deadly weapon or dangerous	1017
ordnance into a courthouse or into another building or structure	1018
in which a courtroom is located or from possessing or having under	1019
one's control a deadly weapon or dangerous ordnance in a	1020
courthouse or in another building or structure in which a	1021
courtroom is located;	1022

(5) A prosecutor, or a secret service officer appointed by a	1023
county prosecuting attorney, who is authorized to carry a deadly	1024
weapon or dangerous ordnance in the performance of the	1025
individual's duties, who possesses or has under that individual's	1026
control a deadly weapon or dangerous ordnance as a requirement of	1027
that individual's duties, and who is acting within the scope of	1028
that individual's duties at the time of that possession or	1029
control, unless a rule of superintendence or another type of rule	1030
adopted by the supreme court pursuant to Article IV of the Ohio	1031
Constitution or an applicable local rule of court prohibits all	1032
persons from conveying or attempting to convey a deadly weapon or	1033
dangerous ordnance into a courthouse or into another building or	1034
structure in which a courtroom is located or from possessing or	1035
having under one's control a deadly weapon or dangerous ordnance	1036
in a courthouse or in another building or structure in which a	1037
courtroom is located;	1038

(6) A person who conveys or attempts to convey a handgun into	1039
a courthouse or into another building or structure in which a	1040
courtroom is located, who, at the time of the conveyance or	1041
attempt, is carrying a valid license to carry a concealed handgun	1042
issued to the person under section 2923.125 of the Revised Code or	1043
a license to carry a concealed handgun that was issued by another	1044
state with which the attorney general has entered into a	1045
reciprocity agreement under section 109.69 of the Revised Code,	1046
and who transfers possession of the handgun to the officer or	1047
officer's designee who has charge of the courthouse or building.	1048
The officer shall secure the handgun until the licensee is	1049
prepared to leave the premises. The exemption described in this	1050
division applies only if the officer who has charge of the	1051
courthouse or building provides services of the nature described	1052
in this division. An officer who has charge of the courthouse or	1053
building is not required to offer services of the nature described	1054
in this division. The exemption described in this division does	1055
not apply if a rule of superintendence or another type of rule	1056
adopted by the supreme court pursuant to Article IV, Ohio	1057
Constitution, or if an applicable local rule of court prohibits	1058
all persons from conveying or attempting to convey a deadly weapon	1059
or dangerous ordnance into a courthouse or into another building	1060
or structure in which a courtroom is located or from possessing or	1061
having under one's control a deadly weapon or dangerous ordnance	1062
in a courthouse or in another building or structure in which a	1063
courtroom is located.	1064

(D)(1) Whoever violates division (A) of this section is	1065
guilty of illegal conveyance of a deadly weapon or dangerous	1066
ordnance into a courthouse. Except as otherwise provided in this	1067
division, illegal conveyance of a deadly weapon or dangerous	1068
ordnance into a courthouse is a felony of the fifth degree. If the	1069
offender previously has been convicted of a violation of division	1070
(A) or (B) of this section, illegal conveyance of a deadly weapon	1071
or dangerous ordnance into a courthouse is a felony of the fourth	1072
degree.	1073

(2) Whoever violates division (B) of this section is guilty	1074
of illegal possession or control of a deadly weapon or dangerous	1075
ordnance in a courthouse. Except as otherwise provided in this	1076
division, illegal possession or control of a deadly weapon or	1077
dangerous ordnance in a courthouse is a felony of the fifth	1078
degree. If the offender previously has been convicted of a	1079
violation of division (A) or (B) of this section, illegal	1080
possession or control of a deadly weapon or dangerous ordnance in	1081
a courthouse is a felony of the fourth degree.	1082

(E) As used in this section:

1083

(1) "Magistrate" means an individual who is appointed by a	1084
court of record of this state and who has the powers and may	1085
perform the functions specified in Civil Rule 53, Criminal Rule	1086
19, or Juvenile Rule 40.	1087

(2) "Peace officer" and "prosecutor" have the same meanings	1088
as in section 2935.01 of the Revised Code.	1089

Sec. 2923.124. As used in sections 2923.124 to 2923.1212 of	1090
the Revised Code:	1091

(A) "Application form" means the application form prescribed	1092
pursuant to division (A)(1) of section 109.731 of the Revised Code	1093
and includes a copy of that form.	1094

(B) "Competency certification" and "competency certificate"	1095
mean a document of the type described in division (B)(3) of	1096
section 2923.125 of the Revised Code.	1097

(C) "Detention facility" has the same meaning as in section	1098
2921.01 of the Revised Code.	1099

(D) "Licensee" means a person to whom a license to carry a	1100
concealed handgun has been issued under section 2923.125 of the	1101
Revised Code.	1102

(E) "License fee" or "license renewal fee" means the fee for	1103
a license to carry a concealed handgun or the fee to renew that	1104
license that is prescribed pursuant to division (C) of section	1105
109.731 of the Revised Code and that is to be paid by an applicant	1106
for a license of that type.	1107

(F) "Peace officer" has the same meaning as in section	1108
2935.01 of the Revised Code.	1109

(G) "State correctional institution" has the same meaning as	1110
in section 2967.01 of the Revised Code.	1111

(H) "Valid license" means a license to carry a concealed	1112
handgun that has been issued under section 2923.125 of the Revised	1113
Code, that is currently valid, that is not under a suspension	1114
under division (A)(1) of section 2923.128 of the Revised Code, and	1115
that has not been revoked under division (B)(1) of section	1116
2923.128 of the Revised Code.	1117

(I) "Civil protection order" means a protection order issued,	1118
or consent agreement approved, under section 2903.214 or 3113.31	1119
of the Revised Code.	1120

(J) "Temporary protection order" means a protection order	1121
issued under section 2903.213 or 2919.26 of the Revised Code.	1122

(K) "Protection order issued by a court of another state" has	1123
the same meaning as in section 2919.27 of the Revised Code.	1124

(L) "Child day-care center," "type A family day-care home"	1125
and "type B family day-care home" have the same meanings as in	1126
section 5104.01 of the Revised Code.	1127

(M) "Type C family day-care home" means a family day-care	1128
home authorized to provide child day-care by Sub. H.B. 62 of the	1129
121st General Assembly, as amended by Am. Sub. S.B. 160 of the	1130
121st General Assembly and Sub. H.B. 407 of the 123rd General	1131
Assembly.	1132

(N) "Foreign air transportation," "interstate air	1133
transportation," and "intrastate air transportation" have the same	1134
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1135

Sec. 2923.125.  (A) Upon the request of a person who wishes	1136
to obtain a license to carry a concealed handgun or to renew a	1137
license to carry a concealed handgun, a sheriff shall provide to	1138
the person free of charge an application form and a copy of the	1139
pamphlet described in division (B) of section 109.731 of the	1140
Revised Code.	1141

(B) An applicant for a license to carry a concealed handgun	1142
shall submit a completed application form and all of the following	1143
to the sheriff of the county in which the applicant resides or to	1144
the sheriff of any county adjacent to the county in which the	1145
applicant resides:	1146

(1) A nonrefundable license fee prescribed by the Ohio peace	1147
officer training commission pursuant to division (C) of section	1148
109.731 of the Revised Code, except that the sheriff shall waive	1149
the payment of the license fee in connection with an initial or	1150
renewal application for a license that is submitted by an	1151
applicant who is a retired peace officer, a retired person	1152
described in division (B)(1)(b) of section 109.77 of the Revised	1153
Code, or a retired federal law enforcement officer who, prior to	1154
retirement, was authorized under federal law to carry a firearm in	1155
the course of duty, unless the retired peace officer, person, or	1156
federal law enforcement officer retired as the result of a mental	1157
disability;	1158

(2) A color photograph of the applicant that was taken within	1159
thirty days prior to the date of the application;	1160

(3) One or more of the following competency certifications,	1161
each of which shall reflect that, regarding a certification	1162
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1163
section, within the three years immediately preceding the	1164
application the applicant has performed that to which the	1165
competency certification relates and that, regarding a	1166
certification described in division (B)(3)(d) of this section, the	1167
applicant currently is an active or reserve member of the armed	1168
forces of the United States or within the six years immediately	1169
preceding the application the honorable discharge or retirement to	1170
which the competency certification relates occurred:	1171

(a) An original or photocopy of a certificate of completion	1172
of a firearms safety, training, or requalification or firearms	1173
safety instructor course, class, or program that was offered by or	1174
under the auspices of the national rifle association and that	1175
complies with the requirements set forth in division (G) of this	1176
section;	1177

(b) An original or photocopy of a certificate of completion	1178
of a firearms safety, training, or requalification or firearms	1179
safety instructor course, class, or program that satisfies all of	1180
the following criteria:	1181

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

1182

(ii) It utilized qualified instructors who were certified by	1183
the national rifle association, the executive director of the Ohio	1184
peace officer training commission pursuant to section 109.75 or	1185
109.78 of the Revised Code, or a governmental official or entity	1186
of another state.	1187

(iii) It was offered by or under the auspices of a law	1188
enforcement agency of this or another state or the United States,	1189
a public or private college, university, or other similar	1190
postsecondary educational institution located in this or another	1191
state, a firearms training school located in this or another	1192
state, or another type of public or private entity or organization	1193
located in this or another state.	1194

(iv) It complies with the requirements set forth in division	1195
(G) of this section.	1196

(c) An original or photocopy of a certificate of completion	1197
of a state, county, municipal, or department of natural resources	1198
peace officer training school that is approved by the executive	1199
director of the Ohio peace officer training commission pursuant to	1200
section 109.75 of the Revised Code and that complies with the	1201
requirements set forth in division (G) of this section, or the	1202
applicant has satisfactorily completed and been issued a	1203
certificate of completion of a basic firearms training program, a	1204
firearms requalification training program, or another basic	1205
training program described in section 109.78 or 109.801 of the	1206
Revised Code that complies with the requirements set forth in	1207
division (G) of this section;	1208

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

1209

(i) That the applicant is an active or reserve member of the	1210
armed forces of the United States, was honorably discharged from	1211
military service in the active or reserve armed forces of the	1212
United States, is a retired trooper of the state highway patrol,	1213
or is a retired peace officer or federal law enforcement officer	1214
described in division (B)(1) of this section or a retired person	1215
described in division (B)(1)(b) of section 109.77 of the Revised	1216
Code and division (B)(1) of this section;	1217

(ii) That, through participation in the military service or	1218
through the former employment described in division (B)(3)(d)(i)	1219
of this section, the applicant acquired experience with handling	1220
handguns or other firearms, and the experience so acquired was	1221
equivalent to training that the applicant could have acquired in a	1222
course, class, or program described in division (B)(3)(a), (b), or	1223
(c) of this section.	1224

(e) A certificate or another similar document that evidences	1225
satisfactory completion of a firearms training, safety, or	1226
requalification or firearms safety instructor course, class, or	1227
program that is not otherwise described in division (B)(3)(a),	1228
(b), (c), or (d) of this section, that was conducted by an	1229
instructor who was certified by an official or entity of the	1230
government of this or another state or the United States or by the	1231
national rifle association, and that complies with the	1232
requirements set forth in division (G) of this section;	1233

(f) An affidavit that attests to the applicant's satisfactory	1234
completion of a course, class, or program described in division	1235
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1236
by the applicant's instructor or an authorized representative of	1237
the entity that offered the course, class, or program or under	1238
whose auspices the course, class, or program was offered.	1239

(4) A certification by the applicant that the applicant has	1240
read the pamphlet prepared by the Ohio peace officer training	1241
commission pursuant to section 109.731 of the Revised Code that	1242
reviews firearms, dispute resolution, and use of deadly force	1243
matters.	1244

(5) A set of fingerprints of the applicant provided as	1245
described in section 311.41 of the Revised Code through use of an	1246
electronic fingerprint reading device or, if the sheriff to whom	1247
the application is submitted does not possess and does not have	1248
ready access to the use of such a reading device, on a standard	1249
impression sheet prescribed pursuant to division (C)(2) of section	1250
109.572 of the Revised Code.	1251

(C) Upon receipt of an applicant's completed application	1252
form, supporting documentation, and, if not waived, license fee, a	1253
sheriff shall conduct or cause to be conducted the criminal	1254
records check and the incompetency records check described in	1255
section 311.41 of the Revised Code.	1256

(D)(1) Except as provided in division (D)(3), (4), or (5) of	1257
this section, within forty-five days after receipt of an	1258
applicant's completed application form for a license to carry a	1259
concealed handgun, the supporting documentation, and, if not	1260
waived, license fee, a sheriff shall issue to the applicant a	1261
license to carry a concealed handgun that shall expire four years	1262
after the date of issuance if all of the following apply:	1263

(a) The applicant has been a resident of this state for at	1264
least forty-five days and a resident of the county in which the	1265
person seeks the license or a county adjacent to the county in	1266
which the person seeks the license for at least thirty days.	1267

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

1268

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

1269

(d) The applicant is not under indictment for or otherwise	1270
charged with a felony; an offense under Chapter 2925., 3719., or	1271
4729. of the Revised Code that involves the illegal possession,	1272
use, sale, administration, or distribution of or trafficking in a	1273
drug of abuse; a misdemeanor offense of violence; or a violation	1274
of section 2903.14 or 2923.1211 of the Revised Code.	1275

(e) The applicant has not been convicted of or pleaded guilty	1276
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1277
the Revised Code that involves the illegal possession, use, sale,	1278
administration, or distribution of or trafficking in a drug of	1279
abuse; has not been adjudicated a delinquent child for committing	1280
an act that if committed by an adult would be a felony or would be	1281
an offense under Chapter 2925., 3719., or 4729. of the Revised	1282
Code that involves the illegal possession, use, sale,	1283
administration, or distribution of or trafficking in a drug of	1284
abuse; and has not been convicted of, pleaded guilty to, or	1285
adjudicated a delinquent child for committing a violation of	1286
section 2903.13 of the Revised Code when the victim of the	1287
violation is a peace officer, regardless of whether the applicant	1288
was sentenced under division (C)(3) of that section.	1289

(f) The applicant, within three years of the date of the	1290
application, has not been convicted of or pleaded guilty to a	1291
misdemeanor offense of violence other than a misdemeanor violation	1292
of section 2921.33 of the Revised Code or a violation of section	1293
2903.13 of the Revised Code when the victim of the violation is a	1294
peace officer, or a misdemeanor violation of section 2923.1211 of	1295
the Revised Code; and has not been adjudicated a delinquent child	1296
for committing an act that if committed by an adult would be a	1297
misdemeanor offense of violence other than a misdemeanor violation	1298
of section 2921.33 of the Revised Code or a violation of section	1299
2903.13 of the Revised Code when the victim of the violation is a	1300
peace officer or for committing an act that if committed by an	1301
adult would be a misdemeanor violation of section 2923.1211 of the	1302
Revised Code.	1303

(g) Except as otherwise provided in division (D)(1)(e) of	1304
this section, the applicant, within five years of the date of the	1305
application, has not been convicted of, pleaded guilty to, or	1306
adjudicated a delinquent child for committing two or more	1307
violations of section 2903.13 or 2903.14 of the Revised Code.	1308

(h) The applicant, within ten years of the date of the	1309
application, has not been convicted of, pleaded guilty to, or	1310
adjudicated a delinquent child for committing a violation of	1311
section 2921.33 of the Revised Code.	1312

(i) The applicant has not been adjudicated as a mental	1313
defective, has not been committed to any mental institution, is	1314
not under adjudication of mental incompetence, has not been found	1315
by a court to be a mentally ill person subject to hospitalization	1316
by court order, and is not an involuntary patient other than one	1317
who is a patient only for purposes of observation. As used in this	1318
division, "mentally ill person subject to hospitalization by court	1319
order" and "patient" have the same meanings as in section 5122.01	1320
of the Revised Code.	1321

(j) The applicant is not currently subject to a civil	1322
protection order, a temporary protection order, or a protection	1323
order issued by a court of another state.	1324

(k) The applicant certifies that the applicant desires a	1325
legal means to carry a concealed handgun for defense of the	1326
applicant or a member of the applicant's family while engaged in	1327
lawful activity.	1328

(l) The applicant submits a competency certification of the	1329
type described in division (B)(3) of this section and submits a	1330
certification of the type described in division (B)(4) of this	1331
section regarding the applicant's reading of the pamphlet prepared	1332
by the Ohio peace officer training commission pursuant to section	1333
109.731 of the Revised Code.	1334

(2)(a) If a sheriff issues a license under this section, the	1335
sheriff shall place on the license a unique combination of letters	1336
and numbers identifying the license in accordance with the	1337
procedure prescribed by the Ohio peace officer training commission	1338
pursuant to section 109.731 of the Revised Code.	1339

(b) If a sheriff denies an application under this section	1340
because the applicant does not satisfy the criteria described in	1341
division (D)(1) of this section, the sheriff shall specify the	1342
grounds for the denial in a written notice to the applicant. The	1343
applicant may appeal the denial pursuant to section 119.12 of the	1344
Revised Code. If the denial was as a result of the criminal	1345
records check conducted pursuant to section 311.41 of the Revised	1346
Code and if, pursuant to section 2923.127 of the Revised Code, the	1347
applicant challenges the criminal records check results using the	1348
appropriate challenge and review procedure specified in that	1349
section, the time for filing the appeal pursuant to section 119.12	1350
of the Revised Code is tolled during the pendency of the request	1351
or the challenge and review. If the court in an appeal under	1352
section 119.12 of the Revised Code enters a judgment sustaining	1353
the sheriff's refusal to grant to the applicant a license to carry	1354
a concealed handgun, the applicant may file a new application	1355
beginning one year after the judgment is entered. If the court	1356
enters a judgment in favor of the applicant, that judgment shall	1357
not restrict the authority of a sheriff to suspend or revoke the	1358
license pursuant to section 2923.128 of the Revised Code or to	1359
refuse to renew the license for any proper cause that may occur	1360
after the date the judgment is entered. In the appeal, the court	1361
shall have full power to dispose of all costs.	1362

(3) If the sheriff with whom an application for a license to	1363
carry a concealed handgun was filed becomes aware that the	1364
applicant has been arrested for or otherwise charged with an	1365
offense that would disqualify the applicant from holding the	1366
license, the sheriff shall suspend the processing of the	1367
application until the disposition of the case arising from the	1368
arrest or charge.	1369

(4) If the sheriff determines the applicant is a resident of	1370
the county in which the applicant seeks the license or of an	1371
adjacent county but does not yet meet the residency requirements	1372
described in division (D)(1)(a) of this section, the sheriff shall	1373
not deny the license because of the residency requirements but	1374
shall not issue the license until the applicant meets those	1375
residency requirements.	1376

(E) If a license to carry a concealed handgun issued under	1377
this section is lost or is destroyed, the licensee may obtain from	1378
the sheriff who issued that license a duplicate license upon the	1379
payment of a fee of fifteen dollars and the submission of an	1380
affidavit attesting to the loss or destruction of the license. The	1381
sheriff, in accordance with the procedures prescribed in section	1382
109.731 of the Revised Code, shall place on the replacement	1383
license a combination of identifying numbers different from the	1384
combination on the license that is being replaced.	1385

(F) A licensee who wishes to renew a license to carry a	1386
concealed handgun shall do so within thirty days after the	1387
expiration date of the license by filing with the sheriff of the	1388
county in which the applicant resides or with the sheriff of an	1389
adjacent county an application for renewal of the license obtained	1390
pursuant to division (D) of this section, a new color photograph	1391
of the licensee that was taken within thirty days prior to the	1392
date of the renewal application, a certification by the applicant	1393
that, subsequent to the issuance of the license, the applicant has	1394
reread the pamphlet prepared by the Ohio peace officer training	1395
commission pursuant to section 109.731 of the Revised Code that	1396
reviews firearms, dispute resolution, and use of deadly force	1397
matters, a new set of fingerprints provided in the manner	1398
specified in division (D)(4) of section 2923.125 of the Revised	1399
Code regarding initial applications for a license to carry a	1400
concealed handgun, and a nonrefundable license renewal fee unless	1401
the fee is waived. The licensee also shall submit a competency	1402
certification of the type described in division (B)(3) of this	1403
section that is not older than six years or a renewed competency	1404
certification of the type described in division (G)(4) of this	1405
section that is not older than six years.	1406

Upon receipt of a completed renewal application, color	1407
photograph, certification that the applicant has reread the	1408
specified pamphlet prepared by the Ohio peace officer training	1409
commission, new set of fingerprints, competency certification or	1410
renewed competency certification, and license renewal fee unless	1411
the fee is waived, a sheriff shall conduct or cause to be	1412
conducted the criminal records check and the incompetency records	1413
check described in section 311.41 of the Revised Code. The sheriff	1414
shall renew the license if the sheriff determines that the	1415
applicant continues to satisfy the requirements described in	1416
division (D)(1) of this section, except that the applicant is	1417
required to submit a renewed competency certification only in the	1418
circumstances described in division (G)(4) of this section. A	1419
renewed license shall expire four years after the date of issuance	1420
and is subject to division (E) of this section and sections	1421
2923.126 and 2923.128 of the Revised Code. A sheriff shall comply	1422
with divisions (D)(2) to (4) of this section when the	1423
circumstances described in those divisions apply to a requested	1424
license renewal.	1425

(G)(1) Each course, class, or program described in division	1426
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1427
person who takes the course, class, or program a copy of the	1428
pamphlet prepared by the Ohio peace officer training commission	1429
pursuant to section 109.731 of the Revised Code that reviews	1430
firearms, dispute resolution, and use of deadly force matters.	1431
Each such course, class, or program described in one of those	1432
divisions shall include at least twelve hours of training in the	1433
safe handling and use of a firearm that shall include all of the	1434
following:	1435

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

1436

(i) The ability to name, explain, and demonstrate the rules	1437
for safe handling of a handgun and proper storage practices for	1438
handguns and ammunition;	1439

(ii) The ability to demonstrate and explain how to handle	1440
ammunition in a safe manner;	1441

(iii) The ability to demonstrate the knowledge, skills, and	1442
attitude necessary to shoot a handgun in a safe manner;	1443

(iv) Gun handling training.

1444

(b) At least two hours of training that consists of range	1445
time and live-fire training.	1446

(2) To satisfactorily complete the course, class, or program	1447
described in division (B)(3)(a), (b), (c), or (e) of this section,	1448
the applicant shall pass a competency examination that shall	1449
include both of the following:	1450

(a) A written section on the ability to name and explain the	1451
rules for the safe handling of a handgun and proper storage	1452
practices for handguns and ammunition;	1453

(b) A physical demonstration of competence in the use of a	1454
handgun and in the rules for safe handling and storage of a	1455
handgun and a physical demonstration of the attitude necessary to	1456
shoot a handgun in a safe manner.	1457

(3) The competency certification described in division	1458
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1459
shall attest that the course, class, or program the applicant	1460
successfully completed met the requirements described in division	1461
(G)(1) of this section and that the applicant passed the	1462
competency examination described in division (G)(2) of this	1463
section.	1464

(4) A person who has received a competency certification as	1465
described in division (B)(3) of this section, or who previously	1466
has received a renewed competency certification as described in	1467
this division, may obtain a renewed competency certification	1468
pursuant to this division. If the person has received a competency	1469
certification within the preceding six years, or previously has	1470
received a renewed competency certification within the preceding	1471
six years, the person may obtain a renewed competency	1472
certification from an entity that offers a course, class, or	1473
program described in division (B)(3)(a), (b), (c), or (e) of this	1474
section by passing a competency examination of the type described	1475
in division (G)(2) of this section. In these circumstances, the	1476
person is not required to attend the course, class, or program in	1477
order to be eligible to take the competency examination for the	1478
renewed competency certification. If more than six years has	1479
elapsed since the person last received a competency certification	1480
or a renewed competency certification, in order for the person to	1481
obtain a renewed competency certification, the person shall both	1482
satisfactorily complete a course, class, or program described in	1483
division (B)(3)(a), (b), (c), or (e) of this section and pass a	1484
competency examination of the type described in division (G)(2) of	1485
this section. A renewed competency certification issued under this	1486
division shall be dated and shall attest that the applicant passed	1487
the competency examination of the type described in division	1488
(G)(2) of this section and, if applicable, that the person	1489
successfully completed a course, class, or program that met the	1490
requirements described in division (G)(1) of this section.	1491

(H) Upon issuing a license, issuing a replacement license, or	1492
renewing a license to carry a concealed handgun pursuant to this	1493
section, the sheriff shall make available through the law	1494
enforcement automated data system all information contained on the	1495
license. If the license subsequently is suspended under division	1496
(A)(1) of section 2923.128 of the Revised Code, revoked pursuant	1497
to division (B)(1) of section 2923.128 of the Revised Code, or	1498
lost or destroyed, the sheriff also shall make available through	1499
the law enforcement automated data system a notation of that fact.	1500
The superintendent of the state highway patrol shall ensure that	1501
the law enforcement automated data system is so configured as to	1502
permit the transmission through the system of the information	1503
specified in this division.	1504

Sec. 2923.126.  (A) A license to carry a concealed handgun	1505
that is issued under section 2923.125 of the Revised Code shall	1506
expire four years after the date of issuance. A licensee shall be	1507
granted a grace period of thirty days after the licensee's license	1508
expires during which the licensee's license remains valid. Except	1509
as provided in divisions (B) and (C) of this section, the licensee	1510
may carry a concealed handgun anywhere in this state if the	1511
licensee also carries a valid license and valid identification	1512
when the licensee is in actual possession of a concealed handgun.	1513
The licensee shall give notice of any change in the licensee's	1514
residence address to the sheriff who issued the license within	1515
forty-five days after that change. If a law enforcement officer	1516
approaches a vehicle that has been stopped as the result of a	1517
traffic stop or a stop for another law enforcement purpose, if a	1518
licensee is the driver or an occupant of that vehicle, and if the	1519
licensee possesses or has a loaded handgun at the time the officer	1520
approaches the vehicle, the licensee shall promptly inform the	1521
officer that the licensee has been issued a license to carry a	1522
concealed handgun and that the licensee currently possesses or has	1523
a loaded handgun. If a law enforcement officer otherwise	1524
approaches a person who has been stopped for a law enforcement	1525
purpose, if the person is a licensee, and if the licensee is	1526
carrying a concealed handgun at the time the officer approaches,	1527
the licensee shall promptly inform the officer that the licensee	1528
has been issued a license to carry a concealed handgun and that	1529
the licensee currently is carrying a concealed handgun.	1530

(B) A valid license does not authorize the licensee to carry	1531
a concealed handgun in any manner prohibited under division (B) of	1532
section 2923.12 of the Revised Code or in any manner prohibited	1533
under section 2923.16 of the Revised Code. A valid license does	1534
not authorize the licensee to carry a concealed handgun into any	1535
of the following places:	1536

(1) A police station, sheriff's office, or state highway	1537
patrol station, premises controlled by the bureau of criminal	1538
identification and investigation, a state correctional	1539
institution, jail, workhouse, or other detention facility, an	1540
airport passenger terminal, or an institution that is maintained,	1541
operated, managed, and governed pursuant to division (A) of	1542
section 5119.02 of the Revised Code or division (A)(1) of section	1543
5123.03 of the Revised Code;	1544

(2) A school safety zone, in violation of section 2923.122 of	1545
the Revised Code;	1546

(3) A courthouse or another building or structure in which a	1547
courtroom is located, in violation of section 2923.123 of the	1548
Revised Code;	1549

(4) Any room or open air arena in which liquor is being	1550
dispensed in premises for which a D permit has been issued under	1551
Chapter 4303. of the Revised Code, in violation of section	1552
2923.121 of the Revised Code;	1553

(5) Any premises owned or leased by any public or private	1554
college, university, or other institution of higher education,	1555
unless the handgun is in a locked motor vehicle or the licensee is	1556
in the immediate process of placing the handgun in a locked motor	1557
vehicle;	1558

(6) Any church, synagogue, mosque, or other place of worship,	1559
unless the church, synagogue, mosque, or other place of worship	1560
posts or permits otherwise;	1561

(7) A child day-care center, a type A family day-care home, a	1562
type B family day-care home, or a type C family day-care home,	1563
except that this division does not prohibit a licensee who resides	1564
in a type A family day-care home, a type B family day-care home,	1565
or a type C family day-care home from carrying a concealed handgun	1566
at any time in any part of the home that is not dedicated or used	1567
for day-care purposes, or from carrying a concealed handgun in a	1568
part of the home that is dedicated or used for day-care purposes	1569
at any time during which no children, other than children of that	1570
licensee, are in the home;	1571

(8) An aircraft that is in, or intended for operation in,	1572
foreign air transportation, interstate air transportation,	1573
intrastate air transportation, or the transportation of mail by	1574
aircraft;	1575

(9) Any building that is owned by this state or any political	1576
subdivision of this state, and all portions of any building that	1577
is not owned by any governmental entity listed in this division	1578
but that is leased by such a governmental entity listed in this	1579
division;	1580

(10) A place in which federal law prohibits the carrying of	1581
handguns.	1582

(C)(1) Nothing in this section shall negate or restrict a	1583
rule, policy, or practice of a private employer that is not a	1584
private college, university, or other institution of higher	1585
education concerning or prohibiting the presence of firearms on	1586
the private employer's premises or property, including motor	1587
vehicles owned by the private employer. Nothing in this section	1588
shall require a private employer of that nature to adopt a rule,	1589
policy, or practice concerning or prohibiting the presence of	1590
firearms on the private employer's premises or property, including	1591
motor vehicles owned by the private employer.	1592

(2)(a) A private employer shall be immune from liability in a	1593
civil action for any injury, death, or loss to person or property	1594
that allegedly was caused by or related to a licensee bringing a	1595
handgun onto the premises or property of the private employer,	1596
including motor vehicles owned by the private employer, unless the	1597
private employer acted with malicious purpose. A private employer	1598
is immune from liability in a civil action for any injury, death,	1599
or loss to person or property that allegedly was caused by or	1600
related to the private employer's decision to permit a licensee to	1601
bring, or prohibit a licensee from bringing, a handgun onto the	1602
premises or property of the private employer. As used in this	1603
division, "private employer" includes a private college,	1604
university, or other institution of higher education.	1605

(b) A political subdivision shall be immune from liability in	1606
a civil action, to the extent and in the manner provided in	1607
Chapter 2744. of the Revised Code, for any injury, death, or loss	1608
to person or property that allegedly was caused by or related to a	1609
licensee bringing a handgun onto any premises or property owned,	1610
leased, or otherwise under the control of the political	1611
subdivision. As used in this division, "political subdivision" has	1612
the same meaning as in section 2744.01 of the Revised Code.	1613

(3) The owner or person in control of private land or	1614
premises, and a private person or entity leasing land or premises	1615
owned by the state, the United States, or a political subdivision	1616
of the state or the United States, may post a sign in a	1617
conspicuous location on that land or on those premises prohibiting	1618
persons from carrying firearms or concealed firearms on or onto	1619
that land or those premises. A person who knowingly violates a	1620
posted prohibition of that nature is guilty of criminal trespass	1621
in violation of division (A)(4) of section 2911.21 of the Revised	1622
Code and is guilty of a misdemeanor of the fourth degree.	1623

(D) A person who holds a license to carry a concealed handgun	1624
that was issued pursuant to the law of another state that is	1625
recognized by the attorney general pursuant to a reciprocity	1626
agreement entered into pursuant to section 109.69 of the Revised	1627
Code has the same right to carry a concealed handgun in this state	1628
as a person who was issued a license to carry a concealed handgun	1629
under section 2923.125 of the Revised Code and is subject to the	1630
same restrictions that apply to a person who carries a license	1631
issued under that section.	1632

A peace officer has the same right to carry a concealed	1633
handgun in this state as a person who was issued a license to	1634
carry a concealed handgun under section 2923.125 of the Revised	1635
Code. For purposes of reciprocity with other states, a peace	1636
officer shall be considered to be a licensee in this state.	1637

Sec. 2923.127. (A) If a sheriff denies an application for a	1638
license to carry a concealed handgun or denies the renewal of a	1639
license to carry a concealed handgun as a result of the criminal	1640
records check conducted pursuant to section 311.41 of the Revised	1641
Code and if the applicant believes the denial was based on	1642
incorrect information reported by the source the sheriff used in	1643
conducting the criminal records check, the applicant may challenge	1644
the criminal records check results using whichever of the	1645
following is applicable:	1646

(1) If the bureau of criminal identification and	1647
investigation performed the criminal records check, by using the	1648
bureau's existing challenge and review procedures;	1649

(2) If division (A)(1) of this section does not apply, by	1650
using the sheriff's existing challenge and review procedure or, if	1651
the sheriff does not have a challenge and review procedure, using	1652
the challenge and review procedure prescribed by the bureau of	1653
criminal identification and investigation pursuant to division (B)	1654
of this section.	1655

(B) The bureau of criminal identification and investigation	1656
shall prescribe a challenge and review procedure for applicants to	1657
use to challenge criminal records checks under division (A)(2) of	1658
this section in counties in which the sheriff with whom the	1659
application for a license to carry a concealed handgun or for the	1660
renewal of a license to carry a concealed handgun was filed does	1661
not have an existing challenge and review procedure.	1662

Sec. 2923.128. (A)(1) If a licensee holding a valid license	1663
is arrested for or otherwise charged with an offense described in	1664
division (D)(1)(d) of section 2923.125 of the Revised Code or with	1665
a violation of section 2923.15 of the Revised Code or becomes	1666
subject to a temporary protection order or to a protection order	1667
issued by a court of another state that is substantially	1668
equivalent to a temporary protection order, the sheriff who issued	1669
the license shall suspend it and shall comply with division (A)(3)	1670
of this section upon becoming aware of the arrest, charge, or	1671
protection order.	1672

(2) A suspension under division (A)(1) of this section shall	1673
be considered as beginning on the date that the licensee is	1674
arrested for or otherwise charged with an offense described in	1675
that division or on the date the appropriate court issued the	1676
protection order described in that division, irrespective of when	1677
the sheriff notifies the licensee under division (A)(3) of this	1678
section. The suspension shall end on the date on which the charges	1679
are dismissed or the licensee is found not guilty of the offense	1680
described in division (A)(1) of this section or, subject to	1681
division (B) of this section, on the date the appropriate court	1682
terminates the protection order described in that division. If the	1683
suspension so ends, the sheriff shall return the license to the	1684
licensee.	1685

(3) Upon becoming aware of an arrest, charge, or protection	1686
order described in division (A)(1) of this section with respect to	1687
a licensee, the sheriff who issued the licensee's license to carry	1688
a concealed handgun shall notify the licensee, by certified mail,	1689
return receipt requested, at the licensee's last known residence	1690
address that the license has been suspended and that the licensee	1691
is required to surrender the license at the sheriff's office	1692
within ten days of the date on which the notice was mailed.	1693

(B)(1) A sheriff who issues a license to carry a concealed	1694
handgun to a licensee shall revoke the license in accordance with	1695
division (B)(2) of this section upon becoming aware that the	1696
licensee satisfies any of the following:	1697

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

1698

(b) At the time of the issuance of the license, the licensee	1699
did not satisfy the eligibility requirements of division	1700
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	1701
Revised Code.	1702

(c) On or after the date on which the license was issued, the	1703
licensee is convicted of or pleads guilty to a violation of	1704
section 2923.15 of the Revised Code or an offense described in	1705
division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the	1706
Revised Code.	1707

(d) On or after the date on which the license was issued, the	1708
licensee becomes subject to a civil protection order or to a	1709
protection order issued by a court of another state that is	1710
substantially equivalent to a civil protection order.	1711

(e) The licensee knowingly carries a concealed handgun into a	1712
place that the licensee knows is an unauthorized place specified	1713
in division (B) of section 2923.126 of the Revised Code.	1714

(f) On or after the date on which the license was issued, the	1715
licensee is adjudicated as a mental defective or is committed to a	1716
mental institution.	1717

(g) At the time of the issuance of the license, the licensee	1718
did not meet the residency requirements described in division	1719
(D)(1) of section 2923.125 of the Revised Code and currently does	1720
not meet the residency requirements described in that division.	1721

(h) The competency certificate the licensee submitted was	1722
forged or otherwise was fraudulent.	1723

(2) Upon becoming aware of any circumstance listed in	1724
division (B)(1) of this section that applies to a particular	1725
licensee, the sheriff who issued the license to carry a concealed	1726
handgun to the licensee shall notify the licensee, by certified	1727
mail, return receipt requested, at the licensee's last known	1728
residence address that the license is subject to revocation and	1729
that the licensee may come to the sheriff's office and contest the	1730
sheriff's proposed revocation within fourteen days of the date on	1731
which the notice was mailed. After the fourteen-day period and	1732
after consideration of any information that the licensee provides	1733
during that period, if the sheriff determines on the basis of the	1734
information of which the sheriff is aware that the licensee is	1735
described in division (B)(1) of this section and no longer	1736
satisfies the requirements described in division (D)(1) of section	1737
2923.125 of the Revised Code, the sheriff shall revoke the	1738
license, notify the licensee of that fact, and require the	1739
licensee to surrender the license.	1740

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1741
bureau of criminal identification and investigation, the employees	1742
of the bureau, the Ohio peace officer training commission, or the	1743
employees of the commission make a good faith effort in performing	1744
the duties imposed upon the sheriff, the superintendent, the	1745
bureau's employees, the commission, or the commission's employees	1746
by sections 109.731, 311.41, and 2923.124 to 2923.1212 of the	1747
Revised Code, in addition to the personal immunity provided by	1748
section 9.86 of the Revised Code or division (A)(6) of section	1749
2744.03 of the Revised Code and the governmental immunity of	1750
sections 2744.02 and 2744.03 of the Revised Code and in addition	1751
to any other immunity possessed by the bureau, the commission, and	1752
their employees, the sheriff, the sheriff's office, the county in	1753
which the sheriff has jurisdiction, the bureau, the superintendent	1754
of the bureau, the bureau's employees, the commission, and the	1755
commission's employees are immune from liability in a civil action	1756
for injury, death, or loss to person or property that allegedly	1757
was caused by or related to any of the following:	1758

(a) The issuance, renewal, suspension, or revocation of a	1759
license to carry a concealed handgun;	1760

(b) The failure to issue, renew, suspend, or revoke a license	1761
to carry a concealed handgun;	1762

(c) Any action or misconduct with a handgun committed by a	1763
licensee.	1764

(2) Any action of a sheriff relating to the issuance,	1765
renewal, suspension, or revocation of a license to carry a	1766
concealed handgun shall be considered to be a governmental	1767
function for purposes of Chapter 2744. of the Revised Code.	1768

(3) An entity that or instructor who provides a competency	1769
certification of a type described in division (B)(3) of section	1770
2923.125 of the Revised Code is immune from civil liability that	1771
might otherwise be incurred or imposed for any death or any injury	1772
or loss to person or property that is caused by or related to a	1773
person to whom the entity or instructor has issued the competency	1774
certificate if all of the following apply:	1775

(a) The alleged liability of the entity or instructor relates	1776
to the training provided in the course, class, or program covered	1777
by the competency certificate.	1778

(b) The entity or instructor makes a good faith effort in	1779
determining whether the person has satisfactorily completed the	1780
course, class, or program and makes a good faith effort in	1781
assessing the person in the competency examination conducted	1782
pursuant to division (G)(2) of section 2923.125 of the Revised	1783
Code.	1784

(c) The entity or instructor did not issue the competency	1785
certificate with malicious purpose, in bad faith, or in a wanton	1786
or reckless manner.	1787

(4) An entity that or instructor who provides a renewed	1788
competency certification of a type described in division (G)(4) of	1789
section 2923.125 of the Revised Code is immune from civil	1790
liability that might otherwise be incurred or imposed for any	1791
death or any injury or loss to person or property that is caused	1792
by or related to a person to whom the entity or instructor has	1793
issued the renewed competency certificate if all of the following	1794
apply:	1795

(a) The entity or instructor makes a good faith effort in	1796
assessing the person in the competency examination conducted	1797
pursuant to division (G)(2) of section 2923.125 of the Revised	1798
Code.	1799

(b) The entity or instructor did not issue the renewed	1800
competency certificate with malicious purpose, in bad faith, or in	1801
a wanton or reckless manner.	1802

(5) A law enforcement agency that employs a peace officer is	1803
immune from liability in a civil action to recover damages for	1804
injury, death, or loss to person or property allegedly caused by	1805
any act of that peace officer if the act occurred while the peace	1806
officer carried a concealed handgun and was off duty and if the	1807
act allegedly involved the peace officer's use of the concealed	1808
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	1809
Code apply to any civil action involving a peace officer's use of	1810
a concealed handgun in the performance of the peace officer's	1811
official duties while the peace officer is off duty.	1812

(B) Notwithstanding section 149.43 of the Revised Code, the	1813
records that a sheriff keeps relative to the issuance, renewal,	1814
suspension, or revocation of a license to carry a concealed	1815
handgun, including, but not limited to, completed applications for	1816
the issuance or renewal of a license, reports of criminal records	1817
checks and incompetency records checks under section 311.41 of the	1818
Revised Code, and applicants' social security numbers and	1819
fingerprints that are obtained under division (A) of section	1820
311.41 of the Revised Code, are confidential and are not public	1821
records. No person shall release or otherwise disseminate records	1822
that are confidential under this division unless required to do so	1823
pursuant to a court order.	1824

(C) Each sheriff shall report to the Ohio peace officer	1825
training commission the number of licenses to carry a concealed	1826
handgun that the sheriff issued, renewed, suspended, revoked, or	1827
denied during the previous quarter of the calendar year and the	1828
number of applications for those licenses for which processing was	1829
suspended in accordance with division (D)(3) of section 2923.125	1830
of the Revised Code during the previous quarter of the calendar	1831
year. The sheriff shall not include in the report the name or any	1832
other identifying information of an applicant or licensee. The	1833
sheriff shall report that information in a manner that permits the	1834
commission to maintain the statistics described in division (D) of	1835
section 109.731 of the Revised Code and to timely prepare the	1836
statistical report described in that division. The information	1837
that is received by the commission under this division is a public	1838
record kept by the commission for the purposes of section 149.43	1839
of the Revised Code.	1840

(D) Law enforcement agencies may use the information a	1841
sheriff makes available through the use of the law enforcement	1842
automated data system pursuant to division (H) of section 2923.125	1843
of the Revised Code for law enforcement purposes only. The	1844
information is confidential and is not a public record. No person	1845
shall release or otherwise disseminate this information obtained	1846
through the law enforcement automated data system in a manner not	1847
described in this division unless a court order requires the	1848
person to do so.	1849

(E) Whoever violates division (B) or (D) of this section is	1850
guilty of illegal release of confidential concealed handgun	1851
license records, a felony of the fifth degree. In addition to any	1852
penalties imposed for the violation under Chapter 2929. of the	1853
Revised Code, if the offender is a sheriff, an employee of a	1854
sheriff, or any other public officer or employee, and if the	1855
violation was willful and deliberate, the offender shall be	1856
subject to a civil fine of one thousand dollars. Any person who is	1857
harmed by a violation of division (B), (C), or (D) of this section	1858
has a private cause of action against the offender for any injury,	1859
death, or loss to person or property that is a proximate result of	1860
the violation and may recover court costs and attorney's fees	1861
related to the action.	1862

Sec. 2923.1210.  The application for a license to carry a	1863
concealed handgun or for the renewal of a license of that nature	1864
that is to be used under section 2923.125 of the Revised Code	1865
shall conform substantially to the following form:	1866

SECTION II.

1871

Name:

1872

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

1875

Current Residence:

1876

Mailing Address (If Different From Above):

1879

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

1884

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	1898
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	1899
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	1900
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	1901
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	1902
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	1903
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE relevant	1904
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	1905
AT THE END OF THIS SECTION.	1906

Residence 1:

1907

Residence 2:

1911

Residence 3:

1915

Residence 4:

1919

SECTION V.

1923

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	1924
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	1925
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	1926
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	1927
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	1928

(1) I have been furnished, and have read, the pamphlet that	1929
explains the Ohio firearms laws, that provides instruction in	1930
dispute resolution and explains the Ohio laws related to that	1931
matter, and that provides information regarding all aspects	1932
of the use of deadly force with a firearm, and I am	1933
knowledgeable of the provisions of those laws and of the	1934
information on those matters.	1935

(2) I desire a legal means to carry a concealed handgun for	1936
defense of myself or a member of my family while engaged in	1937
lawful activity.	1938

(3) I have never been convicted of or pleaded guilty to a crime of	1939
violence in the state of Ohio or elsewhere. I am of sound	1940
mind. I hereby certify that the statements contained herein	1941
are true and correct to the best of my knowledge and belief.	1942
I understand that if        I        knowingly make any false statements	1943
herein        I        am subject to penalties prescribed by law. I	1944
authorize the sheriff or the sheriff's designee to inspect	1945
only those records or documents relevant to information	1946
required for this application.	1947

(4) The information contained in this application and all attached	1948
documents are true and correct to the best of my knowledge.	1949

Sec. 2923.1211.  (A) No person shall alter a license to carry	1953
a concealed handgun that was issued pursuant to section 2923.125	1954
of the Revised Code or create a fictitious document that purports	1955
to be a license of that nature.	1956

(B) No person, except in the performance of official duties,	1957
shall possess a concealed handgun license that was issued and that	1958
has been revoked or suspended pursuant to section 2923.128 of the	1959
Revised Code.	1960

(C) Whoever violates division (A) of this section is guilty	1961
of falsification of a concealed handgun license, a felony of the	1962
fifth degree. Whoever violates division (B) of this section is	1963
guilty of possessing a revoked or suspended concealed handgun	1964
license, a misdemeanor of the third degree.	1965

Sec. 2923.1212.  (A) The following persons, boards, and	1966
entities, or designees, shall post in the following locations a	1967
sign that contains a statement in substantially the following	1968
form: "Unless otherwise authorized by law, pursuant to the Ohio	1969
Revised Code, no person shall knowingly possess, have under the	1970
person's control, convey, or attempt to convey a deadly weapon or	1971
dangerous ordnance onto these premises.":	1972

(1) The director of public safety or the person or board	1973
charged with the erection, maintenance, or repair of police	1974
stations, municipal jails, and the municipal courthouse and	1975
courtrooms in a conspicuous location at all police stations,	1976
municipal jails, and municipal courthouses and courtrooms;	1977

(2) The sheriff or sheriff's designee who has charge of the	1978
sheriff's office in a conspicuous location in that office;	1979

(3) The superintendent of the state highway patrol or the	1980
superintendent's designee in a conspicuous location at all state	1981
highway patrol stations;	1982

(4) Each sheriff, chief of police, or person in charge of	1983
every county, multicounty, municipal, municipal-county, or	1984
multicounty-municipal jail or workhouse, community-based	1985
correctional facility, halfway house, alternative residential	1986
facility, or other local or state correctional institution or	1987
detention facility within the state, or that person's designee, in	1988
a conspicuous location at that facility under that person's	1989
charge;	1990

(5) The board of trustees of a regional airport authority,	1991
chief administrative officer of an airport facility, or other	1992
person in charge of an airport facility in a conspicuous location	1993
at each airport facility under that person's control;	1994

(6) The officer or officer's designee who has charge of a	1995
courthouse or the building or structure in which a courtroom is	1996
located in a conspicuous location in that building or structure;	1997

(7) The superintendent of the bureau of criminal	1998
identification and investigation or the superintendent's designee	1999
in a conspicuous location in all premises controlled by that	2000
bureau;	2001

(8) The owner, administrator, or operator of a child day-care	2002
center, a type A family day-care home, a type B family day-care	2003
home, or a type C family day-care home;	2004

(9) The officer of this state or of the political subdivision	2005
of this state, or the officer's designee, who has charge of a	2006
building that is owned by this state or the political subdivision	2007
of this state, or who has charge of the portion of a building that	2008
is not owned by any governmental entity listed in this division	2009
but that is leased by a governmental entity listed in this	2010
division.	2011

(B) The following boards, bodies, and persons, or designees,	2012
shall post in the following locations a sign that contains a	2013
statement in substantially the following form: "Unless otherwise	2014
authorized by law, pursuant to Ohio Revised Code section 2923.122,	2015
no person shall knowingly possess, have under the person's	2016
control, convey, or attempt to convey a deadly weapon or dangerous	2017
ordnance into a school safety zone.":	2018

(1) A board of education of a city, local, exempted village,	2019
or joint vocational school district or that board's designee in a	2020
conspicuous location in each building and on each parcel of real	2021
property owned or controlled by the board;	2022

(2) A governing body of a school for which the state board of	2023
education prescribes minimum standards under section 3301.07 of	2024
the Revised Code or that body's designee in a conspicuous location	2025
in each building and on each parcel of real property owned or	2026
controlled by the school;	2027

(3) The principal or chief administrative officer of a	2028
nonpublic school in a conspicuous location on property owned or	2029
controlled by that nonpublic school.	2030

Sec. 2923.13.  (A) Unless relieved from disability as	2031
provided in section 2923.14 of the Revised Code, no person shall	2032
knowingly acquire, have, carry, or use any firearm or dangerous	2033
ordnance, if any of the following apply:	2034

(1) The person is a fugitive from justice.

2035

(2) The person is under indictment for or has been convicted	2036
of any felony offense of violence or has been adjudicated a	2037
delinquent child for the commission of an offense that, if	2038
committed by an adult, would have been a felony offense of	2039
violence.	2040

(3) The person is under indictment for or has been convicted	2041
of any offense involving the illegal possession, use, sale,	2042
administration, distribution, or trafficking in any drug of abuse	2043
or has been adjudicated a delinquent child for the commission of	2044
an offense that, if committed by an adult, would have been an	2045
offense involving the illegal possession, use, sale,	2046
administration, distribution, or trafficking in any drug of abuse.	2047

(4) The person is drug dependent, in danger of drug	2048
dependence, or a chronic alcoholic.	2049

(5) The person is under adjudication of mental incompetence,	2050
has been adjudicated as a mental defective, has been committed to	2051
a mental institution, has been found by a court to be a mentally	2052
ill person subject to hospitalization by court order, or is an	2053
involuntary patient other than one who is a patient only for	2054
purposes of observation. As used in this division, "mentally ill	2055
person subject to hospitalization by court order" and "patient"	2056
have the same meanings as in section 5122.01 of the Revised Code.	2057

(B) No person who has been convicted of a felony of the first	2058
or second degree shall violate division (A) of this section within	2059
five years of the date of the person's release from imprisonment	2060
or from post-release control that is imposed for the commission of	2061
a felony of the first or second degree.	2062

(C) Whoever violates this section is guilty of having weapons	2063
while under disability. A violation of division (A) of this	2064
section is a felony of the fifth degree. A violation of division	2065
(B) of this section is, a felony of the third degree.	2066

Sec. 2923.16.  (A) No person shall knowinglyrecklessly	2067
discharge a firearm while in or on a motor vehicle.	2068

(B) No person shall knowinglyrecklessly transport or have a	2069
loaded firearm in a motor vehicle in such a manner that the	2070
firearm is accessible to the operator or any passenger without	2071
leaving the vehicle.	2072

(C) No person shall knowinglyrecklessly transport or have a	2073
firearm in a motor vehicle, unless it is unloaded and is carried	2074
in one of the following ways:	2075

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

2076

(2) In a compartment that can be reached only by leaving the	2077
vehicle;	2078

(3) In plain sight and secured in a rack or holder made for	2079
the purpose;	2080

(4) In plain sight with the action open or the weapon	2081
stripped, or, if the firearm is of a type on which the action will	2082
not stay open or which cannot easily be stripped, in plain sight.	2083

(D) No person shall recklessly transport or have a loaded	2084
handgun in a motor vehicle if, at the time of that transportation	2085
or possession, any of the following applies:	2086

(1) The person is under the influence of alcohol, a drug of	2087
abuse, or a combination of them.	2088

(2) The person's whole blood, blood serum or plasma, breath,	2089
or urine contains a concentration of alcohol prohibited for	2090
persons operating a vehicle, as specified in division (A) of	2091
section 4511.19 of the Revised Code, regardless of whether the	2092
person at the time of the transportation or possession as	2093
described in this division is the operator of or a passenger in	2094
the motor vehicle.	2095

(E) No person who has been issued a license to carry a	2096
concealed handgun shall do any of the following:	2097

(1) If the person is the driver or an occupant of a vehicle	2098
that is stopped as a result of a traffic stop or a stop for	2099
another law enforcement purpose and if the person is transporting	2100
or has a loaded handgun in the motor vehicle, fail to promptly	2101
inform any law enforcement officer who approaches the vehicle	2102
while stopped that the person has been issued a license to carry a	2103
concealed handgun and that the person then possesses or has a	2104
loaded handgun in the motor vehicle.	2105

(2) If the person is the driver or an occupant of a vehicle	2106
that is stopped as a result of a traffic stop or a stop for	2107
another law enforcement purpose, if the person is transporting or	2108
has a loaded handgun in the motor vehicle, and if the person is	2109
approached by any law enforcement officer while stopped,	2110
recklessly carry, possess on the person's person, have contact	2111
with, or make contact with a loaded handgun in the motor vehicle	2112
at any time after the law enforcement officer begins approaching	2113
and before the law enforcement officer leaves, unless the person	2114
possesses or has or makes contact with the loaded handgun pursuant	2115
to and in accordance with explicit instructions given by the law	2116
enforcement officer.	2117

(F)(1) This section does not apply to officers, agents, or	2118
employees of this or any other state or the United States, or to	2119
law enforcement officers, when authorized to carry or have loaded	2120
or accessible firearms in motor vehicles and acting within the	2121
scope of their duties.	2122

(2) Division (A) of this section does not apply to a person	2123
if all of the following circumstances apply:	2124

(a) The person discharges a firearm from a motor vehicle at a	2125
coyote or groundhog, the discharge is not during the deer gun	2126
hunting season as set by the chief of the division of wildlife of	2127
the department of natural resources, and the discharge at the	2128
coyote or groundhog, but for the operation of this section, is	2129
lawful.	2130

(b) The motor vehicle from which the person discharges the	2131
firearm is on real property that is located in an unincorporated	2132
area of a township and that either is zoned for agriculture or is	2133
used for agriculture.	2134

(c) The person owns the real property described in division	2135
(D)(F)(2)(b) of this section, is the spouse or a child of another	2136
person who owns that real property, is a tenant of another person	2137
who owns that real property, or is the spouse or a child of a	2138
tenant of another person who owns that real property.	2139

(d) The person does not discharge the firearm in any of the	2140
following manners:	2141

(i) While under the influence of alcohol, a drug of abuse, or	2142
alcohol and a drug of abuse;	2143

(ii) In the direction of a street, highway, or other public	2144
or private property used by the public for vehicular traffic or	2145
parking;	2146

(iii) At or into an occupied structure that is a permanent or	2147
temporary habitation;	2148

(iv) In the commission of any violation of law, including,	2149
but not limited to, a felony that includes, as an essential	2150
element, purposely or knowingly causing or attempting to cause the	2151
death of or physical harm to another and that was committed by	2152
discharging a firearm from a motor vehicle.	2153

(3) Divisions (B) and (C) of this section do not apply to a	2154
person if all of the following circumstances apply:	2155

(a) At the time of the alleged violation of either of those	2156
divisions, the person is the operator of or a passenger in a motor	2157
vehicle.	2158

(b) The motor vehicle is on real property that is located in	2159
an unincorporated area of a township and that either is zoned for	2160
agriculture or is used for agriculture.	2161

(c) The person owns the real property described in division	2162
(D)(3)(b) of this section, is the spouse or a child of another	2163
person who owns that real property, is a tenant of another person	2164
who owns that real property, or is the spouse or a child of a	2165
tenant of another person who owns that real property.	2166

(d) The person, prior to arriving at the real property	2167
described in division (D)(3)(b) of this section, did not transport	2168
or possess a firearm in the motor vehicle in a manner prohibited	2169
by division (B) or (C) of this section while the motor vehicle was	2170
being operated on a street, highway, or other public or private	2171
property used by the public for vehicular traffic or parking.	2172

(4) Divisions (B) and (C) of this section do not apply to a	2173
person who transports or possesses a handgun in a motor vehicle	2174
if, at the time of that transportation or possession, all of the	2175
following apply:	2176

(a) The person transporting or possessing the handgun is	2177
carrying a valid license to carry a concealed handgun issued to	2178
the person under section 2923.125 of the Revised Code or a license	2179
to carry a concealed handgun that was issued by another state with	2180
which the attorney general has entered into a reciprocity	2181
agreement under section 109.69 of the Revised Code.	2182

(b) The person transporting or possessing the handgun is not	2183
recklessly in a place described in division (B) of section	2184
2923.126 of the Revised Code.	2185

(c) One of the following applies:

2186

(i) No person under eighteen years of age is in the motor	2187
vehicle, and either the handgun is in a holster and in plain sight	2188
or the handgun is securely encased by being stored in a closed,	2189
locked glove compartment or in a gun case that is in plain sight	2190
and that is locked.	2191

(ii) One or more persons under eighteen years of age is in	2192
the motor vehicle, the handgun is not on the person of the person	2193
transporting or possessing the handgun, and the handgun is	2194
securely encased by being stored in a closed, locked glove	2195
compartment or in a gun case that is in plain sight and that is	2196
locked.	2197

(E) The affirmative defenses contained in divisions (C)(1)	2198
and (2) of section 2923.12 of the Revised Code are affirmative	2199
defenses to a charge under division (B) or (C) of this section.	2200

(G) No person who is charged with a violation of division	2201
(B), (C), or (D) of this section shall be required to obtain a	2202
license to carry a concealed handgun under section 2923.125 of the	2203
Revised Code as a condition for the dismissal of the charge.	2204

(F)(H) Whoever violates this section is guilty of improperly	2205
handling firearms in a motor vehicle. Violation of division (A) or	2206
(B) of this section is a misdemeanorfelony of the firstfourth	2207
degree. Violation of division (C) of this section is a misdemeanor	2208
of the fourth degree. A violation of division (D) of this section	2209
is a felony of the fifth degree. A violation of division (E)(1) of	2210
this section is a misdemeanor of the fourth degree. A violation of	2211
division (E)(2) of this section is a misdemeanor of the first	2212
degree or, if the offender previously has been convicted of or	2213
pleaded guilty to a violation of division (E)(2) of this section,	2214
a felony of the fifth degree. A violation of division (B) of this	2215
section is whichever of the following is applicable:	2216

(1) If, at the time of the transportation or possession in	2217
violation of division (B) of this section, the offender was	2218
carrying a valid license to carry a concealed handgun issued to	2219
the offender under section 2923.125 of the Revised Code or a	2220
license to carry a concealed handgun that was issued by another	2221
state with which the attorney general has entered into a	2222
reciprocity agreement under section 109.69 of the Revised Code and	2223
the offender was not recklessly in a place described in division	2224
(B) of section 2923.125 of the Revised Code, the violation is a	2225
misdemeanor of the first degree or, if the offender previously has	2226
been convicted of or pleaded guilty to a violation of division (B)	2227
of this section, a felony of the fourth degree.	2228

(2) If division (H)(1) of this section does not apply, a	2229
felony of the fourth degree.	2230

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

2231

(1) "Motor vehicle," "street," and "highway" have the same	2232
meanings as in section 4511.01 of the Revised Code.	2233

(2) "Occupied structure" has the same meaning as in section	2234
2909.01 of the Revised Code.	2235

(3) "Agriculture" has the same meaning as in section 519.01	2236
of the Revised Code.	2237

(4) "Tenant" has the same meaning as in section 1531.01 of	2238
the Revised Code.	2239

(5) "Unloaded" means, with respect to a firearm employing a	2240
percussion cap, flintlock, or other obsolete ignition system, when	2241
the weapon is uncapped or when the priming charge is removed from	2242
the pan.	2243

Sec. 2923.25. Each federally licensed firearms dealer who	2244
sells any firearm, at the time of the sale of the firearm, shall	2245
offer for sale to the purchaser of the firearm a trigger lock, gun	2246
lock, or gun locking device that is appropriate for that firearm.	2247
Each federally licensed firearms dealer shall post in a	2248
conspicuous location in the dealer's place of business the poster	2249
furnished to the dealer pursuant to section 181.521 of the Revised	2250
Code and shall make available to all purchasers of firearms from	2251
the dealer the brochure furnished to the dealer pursuant to that	2252
section.	2253

As used in this section, "federally licensed firearms dealer"	2254
has the same meaning as in section 181.251 of the Revised Code.	2255

Sec. 2929.14.  (A) Except as provided in division (C),	2256
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	2257
in relation to an offense for which a sentence of death or life	2258
imprisonment is to be imposed, if the court imposing a sentence	2259
upon an offender for a felony elects or is required to impose a	2260
prison term on the offender pursuant to this chapter and is not	2261
prohibited by division (G)(1) of section 2929.13 of the Revised	2262
Code from imposing a prison term on the offender, the court shall	2263
impose a definite prison term that shall be one of the following:	2264

(1) For a felony of the first degree, the prison term shall	2265
be three, four, five, six, seven, eight, nine, or ten years.	2266

(2) For a felony of the second degree, the prison term shall	2267
be two, three, four, five, six, seven, or eight years.	2268

(3) For a felony of the third degree, the prison term shall	2269
be one, two, three, four, or five years.	2270

(4) For a felony of the fourth degree, the prison term shall	2271
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2272
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2273

(5) For a felony of the fifth degree, the prison term shall	2274
be six, seven, eight, nine, ten, eleven, or twelve months.	2275

(B) Except as provided in division (C), (D)(1), (D)(2),	2276
(D)(3), or (G) of this section, in section 2907.02 of the Revised	2277
Code, or in Chapter 2925. of the Revised Code, if the court	2278
imposing a sentence upon an offender for a felony elects or is	2279
required to impose a prison term on the offender, the court shall	2280
impose the shortest prison term authorized for the offense	2281
pursuant to division (A) of this section, unless one or more of	2282
the following applies:	2283

(1) The offender was serving a prison term at the time of the	2284
offense, or the offender previously had served a prison term.	2285

(2) The court finds on the record that the shortest prison	2286
term will demean the seriousness of the offender's conduct or will	2287
not adequately protect the public from future crime by the	2288
offender or others.	2289

(C) Except as provided in division (G) of this section or in	2290
Chapter 2925. of the Revised Code, the court imposing a sentence	2291
upon an offender for a felony may impose the longest prison term	2292
authorized for the offense pursuant to division (A) of this	2293
section only upon offenders who committed the worst forms of the	2294
offense, upon offenders who pose the greatest likelihood of	2295
committing future crimes, upon certain major drug offenders under	2296
division (D)(3) of this section, and upon certain repeat violent	2297
offenders in accordance with division (D)(2) of this section.	2298

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2299
section, if an offender who is convicted of or pleads guilty to a	2300
felony also is convicted of or pleads guilty to a specification of	2301
the type described in section 2941.141, 2941.144, or 2941.145 of	2302
the Revised Code, the court shall impose on the offender one of	2303
the following prison terms:	2304

(i) A prison term of six years if the specification is of the	2305
type described in section 2941.144 of the Revised Code that	2306
charges the offender with having a firearm that is an automatic	2307
firearm or that was equipped with a firearm muffler or silencer on	2308
or about the offender's person or under the offender's control	2309
while committing the felony;	2310

(ii) A prison term of three years if the specification is of	2311
the type described in section 2941.145 of the Revised Code that	2312
charges the offender with having a firearm on or about the	2313
offender's person or under the offender's control while committing	2314
the offense and displaying the firearm, brandishing the firearm,	2315
indicating that the offender possessed the firearm, or using it to	2316
facilitate the offense;	2317

(iii) A prison term of one year if the specification is of	2318
the type described in section 2941.141 of the Revised Code that	2319
charges the offender with having a firearm on or about the	2320
offender's person or under the offender's control while committing	2321
the felony.	2322

(b) If a court imposes a prison term on an offender under	2323
division (D)(1)(a) of this section, the prison term shall not be	2324
reduced pursuant to section 2929.20, section 2967.193, or any	2325
other provision of Chapter 2967. or Chapter 5120. of the Revised	2326
Code. A court shall not impose more than one prison term on an	2327
offender under division (D)(1)(a) of this section for felonies	2328
committed as part of the same act or transaction.	2329

(c) Except as provided in division (D)(1)(e) of this section,	2330
if an offender who is convicted of or pleads guilty to a violation	2331
of section 2923.161 of the Revised Code or to a felony that	2332
includes, as an essential element, purposely or knowingly causing	2333
or attempting to cause the death of or physical harm to another,	2334
also is convicted of or pleads guilty to a specification of the	2335
type described in section 2941.146 of the Revised Code that	2336
charges the offender with committing the offense by discharging a	2337
firearm from a motor vehicle other than a manufactured home, the	2338
court, after imposing a prison term on the offender for the	2339
violation of section 2923.161 of the Revised Code or for the other	2340
felony offense under division (A), (D)(2), or (D)(3) of this	2341
section, shall impose an additional prison term of five years upon	2342
the offender that shall not be reduced pursuant to section	2343
2929.20, section 2967.193, or any other provision of Chapter 2967.	2344
or Chapter 5120. of the Revised Code. A court shall not impose	2345
more than one additional prison term on an offender under division	2346
(D)(1)(c) of this section for felonies committed as part of the	2347
same act or transaction. If a court imposes an additional prison	2348
term on an offender under division (D)(1)(c) of this section	2349
relative to an offense, the court also shall impose a prison term	2350
under division (D)(1)(a) of this section relative to the same	2351
offense, provided the criteria specified in that division for	2352
imposing an additional prison term are satisfied relative to the	2353
offender and the offense.	2354

(d) If an offender who is convicted of or pleads guilty to an	2355
offense of violence that is a felony also is convicted of or	2356
pleads guilty to a specification of the type described in section	2357
2941.1411 of the Revised Code that charges the offender with	2358
wearing or carrying body armor while committing the felony offense	2359
of violence, the court shall impose on the offender a prison term	2360
of two years. The prison term so imposed shall not be reduced	2361
pursuant to section 2929.20, section 2967.193, or any other	2362
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2363
court shall not impose more than one prison term on an offender	2364
under division (D)(1)(d) of this section for felonies committed as	2365
part of the same act or transaction. If a court imposes an	2366
additional prison term under division (D)(1)(a) or (c) of this	2367
section, the court is not precluded from imposing an additional	2368
prison term under division (D)(1)(d) of this section.	2369

(e) The court shall not impose any of the prison terms	2370
described in division (D)(1)(a) of this section or any of the	2371
additional prison terms described in division (D)(1)(c) of this	2372
section upon an offender for a violation of section 2923.12 or	2373
2923.123 of the Revised Code. The court shall not impose any of	2374
the prison terms described in division (D)(1)(a) of this section	2375
or any of the additional prison terms described in division	2376
(D)(1)(c) of this section upon an offender for a violation of	2377
section 2923.13 of the Revised Code unless all of the following	2378
apply:	2379

(i) The offender previously has been convicted of aggravated	2380
murder, murder, or any felony of the first or second degree.	2381

(ii) Less than five years have passed since the offender was	2382
released from prison or post-release control, whichever is later,	2383
for the prior offense.	2384

(f) If an offender is convicted of or pleads guilty to a	2385
felony that includes, as an essential element, causing or	2386
attempting to cause the death of or physical harm to another and	2387
also is convicted of or pleads guilty to a specification of the	2388
type described in section 2941.1412 of the Revised Code that	2389
charges the offender with committing the offense by discharging a	2390
firearm at a peace officer as defined in section 2935.01 of the	2391
Revised Code or a corrections officer as defined in section	2392
2941.1412 of the Revised Code, the court, after imposing a prison	2393
term on the offender for the felony offense under division (A),	2394
(D)(2), or (D)(3) of this section, shall impose an additional	2395
prison term of seven years upon the offender that shall not be	2396
reduced pursuant to section 2929.20, section 2967.193, or any	2397
other provision of Chapter 2967. or Chapter 5120. of the Revised	2398
Code. A court shall not impose more than one additional prison	2399
term on an offender under division (D)(1)(f) of this section for	2400
felonies committed as part of the same act or transaction. If a	2401
court imposes an additional prison term on an offender under	2402
division (D)(1)(f) of this section relative to an offense, the	2403
court shall not impose a prison term under division (D)(1)(a) or	2404
(c) of this section relative to the same offense.	2405

(2)(a) If an offender who is convicted of or pleads guilty to	2406
a felony also is convicted of or pleads guilty to a specification	2407
of the type described in section 2941.149 of the Revised Code that	2408
the offender is a repeat violent offender, the court shall impose	2409
a prison term from the range of terms authorized for the offense	2410
under division (A) of this section that may be the longest term in	2411
the range and that shall not be reduced pursuant to section	2412
2929.20, section 2967.193, or any other provision of Chapter 2967.	2413
or Chapter 5120. of the Revised Code. If the court finds that the	2414
repeat violent offender, in committing the offense, caused any	2415
physical harm that carried a substantial risk of death to a person	2416
or that involved substantial permanent incapacity or substantial	2417
permanent disfigurement of a person, the court shall impose the	2418
longest prison term from the range of terms authorized for the	2419
offense under division (A) of this section.	2420

(b) If the court imposing a prison term on a repeat violent	2421
offender imposes the longest prison term from the range of terms	2422
authorized for the offense under division (A) of this section, the	2423
court may impose on the offender an additional definite prison	2424
term of one, two, three, four, five, six, seven, eight, nine, or	2425
ten years if the court finds that both of the following apply with	2426
respect to the prison terms imposed on the offender pursuant to	2427
division (D)(2)(a) of this section and, if applicable, divisions	2428
(D)(1) and (3) of this section:	2429

(i) The terms so imposed are inadequate to punish the	2430
offender and protect the public from future crime, because the	2431
applicable factors under section 2929.12 of the Revised Code	2432
indicating a greater likelihood of recidivism outweigh the	2433
applicable factors under that section indicating a lesser	2434
likelihood of recidivism.	2435

(ii) The terms so imposed are demeaning to the seriousness of	2436
the offense, because one or more of the factors under section	2437
2929.12 of the Revised Code indicating that the offender's conduct	2438
is more serious than conduct normally constituting the offense are	2439
present, and they outweigh the applicable factors under that	2440
section indicating that the offender's conduct is less serious	2441
than conduct normally constituting the offense.	2442

(3)(a) Except when an offender commits a violation of section	2443
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2444
the violation is life imprisonment or commits a violation of	2445
section 2903.02 of the Revised Code, if the offender commits a	2446
violation of section 2925.03 or 2925.11 of the Revised Code and	2447
that section classifies the offender as a major drug offender and	2448
requires the imposition of a ten-year prison term on the offender,	2449
if the offender commits a felony violation of section 2925.02,	2450
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2451
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2452
division (C) of section 4729.51, or division (J) of section	2453
4729.54 of the Revised Code that includes the sale, offer to sell,	2454
or possession of a schedule I or II controlled substance, with the	2455
exception of marihuana, and the court imposing sentence upon the	2456
offender finds that the offender is guilty of a specification of	2457
the type described in section 2941.1410 of the Revised Code	2458
charging that the offender is a major drug offender, if the court	2459
imposing sentence upon an offender for a felony finds that the	2460
offender is guilty of corrupt activity with the most serious	2461
offense in the pattern of corrupt activity being a felony of the	2462
first degree, or if the offender is guilty of an attempted	2463
violation of section 2907.02 of the Revised Code and, had the	2464
offender completed the violation of section 2907.02 of the Revised	2465
Code that was attempted, the offender would have been subject to a	2466
sentence of life imprisonment or life imprisonment without parole	2467
for the violation of section 2907.02 of the Revised Code, the	2468
court shall impose upon the offender for the felony violation a	2469
ten-year prison term that cannot be reduced pursuant to section	2470
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2471

(b) The court imposing a prison term on an offender under	2472
division (D)(3)(a) of this section may impose an additional prison	2473
term of one, two, three, four, five, six, seven, eight, nine, or	2474
ten years, if the court, with respect to the term imposed under	2475
division (D)(3)(a) of this section and, if applicable, divisions	2476
(D)(1) and (2) of this section, makes both of the findings set	2477
forth in divisions (D)(2)(b)(i) and (ii) of this section.	2478

(4) If the offender is being sentenced for a third or fourth	2479
degree felony OMVI offense under division (G)(2) of section	2480
2929.13 of the Revised Code, the sentencing court shall impose	2481
upon the offender a mandatory prison term in accordance with that	2482
division. In addition to the mandatory prison term, the sentencing	2483
court may sentence the offender to an additional prison term of	2484
any duration specified in division (A)(3) of this section minus	2485
the sixty or one hundred twenty days imposed upon the offender as	2486
the mandatory prison term. The total of the additional prison term	2487
imposed under division (D)(4) of this section plus the sixty or	2488
one hundred twenty days imposed as the mandatory prison term shall	2489
equal one of the authorized prison terms specified in division	2490
(A)(3) of this section. If the court imposes an additional prison	2491
term under division (D)(4) of this section, the offender shall	2492
serve the additional prison term after the offender has served the	2493
mandatory prison term required for the offense. The court shall	2494
not sentence the offender to a community control sanction under	2495
section 2929.16 or 2929.17 of the Revised Code.	2496

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2497
mandatory prison term is imposed upon an offender pursuant to	2498
division (D)(1)(a) of this section for having a firearm on or	2499
about the offender's person or under the offender's control while	2500
committing a felony, if a mandatory prison term is imposed upon an	2501
offender pursuant to division (D)(1)(c) of this section for	2502
committing a felony specified in that division by discharging a	2503
firearm from a motor vehicle, or if both types of mandatory prison	2504
terms are imposed, the offender shall serve any mandatory prison	2505
term imposed under either division consecutively to any other	2506
mandatory prison term imposed under either division or under	2507
division (D)(1)(d) of this section, consecutively to and prior to	2508
any prison term imposed for the underlying felony pursuant to	2509
division (A), (D)(2), or (D)(3) of this section or any other	2510
section of the Revised Code, and consecutively to any other prison	2511
term or mandatory prison term previously or subsequently imposed	2512
upon the offender.	2513

(b) If a mandatory prison term is imposed upon an offender	2514
pursuant to division (D)(1)(d) of this section for wearing or	2515
carrying body armor while committing an offense of violence that	2516
is a felony, the offender shall serve the mandatory term so	2517
imposed consecutively to any other mandatory prison term imposed	2518
under that division or under division (D)(1)(a) or (c) of this	2519
section, consecutively to and prior to any prison term imposed for	2520
the underlying felony under division (A), (D)(2), or (D)(3) of	2521
this section or any other section of the Revised Code, and	2522
consecutively to any other prison term or mandatory prison term	2523
previously or subsequently imposed upon the offender.	2524

(c) If a mandatory prison term is imposed upon an offender	2525
pursuant to division (D)(1)(f) of this section, the offender shall	2526
serve the mandatory prison term so imposed consecutively to and	2527
prior to any prison term imposed for the underlying felony under	2528
division (A), (D)(2), or (D)(3) of this section or any other	2529
section of the Revised Code, and consecutively to any other prison	2530
term or mandatory prison term previously or subsequently imposed	2531
upon the offender.	2532

(2) If an offender who is an inmate in a jail, prison, or	2533
other residential detention facility violates section 2917.02,	2534
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2535
who is under detention at a detention facility commits a felony	2536
violation of section 2923.131 of the Revised Code, or if an	2537
offender who is an inmate in a jail, prison, or other residential	2538
detention facility or is under detention at a detention facility	2539
commits another felony while the offender is an escapee in	2540
violation of section 2921.34 of the Revised Code, any prison term	2541
imposed upon the offender for one of those violations shall be	2542
served by the offender consecutively to the prison term or term of	2543
imprisonment the offender was serving when the offender committed	2544
that offense and to any other prison term previously or	2545
subsequently imposed upon the offender.	2546

(3) If a prison term is imposed for a violation of division	2547
(B) of section 2911.01 of the Revised Code, a violation of	2548
division (A) of section 2913.02 of the Revised Code in which the	2549
stolen property is a firearm or dangerous ordnance, or if a prison	2550
term is imposed for a felony violation of division (B) of section	2551
2921.331 of the Revised Code, the offender shall serve that prison	2552
term consecutively to any other prison term or mandatory prison	2553
term previously or subsequently imposed upon the offender.	2554

(4) If multiple prison terms are imposed on an offender for	2555
convictions of multiple offenses, the court may require the	2556
offender to serve the prison terms consecutively if the court	2557
finds that the consecutive service is necessary to protect the	2558
public from future crime or to punish the offender and that	2559
consecutive sentences are not disproportionate to the seriousness	2560
of the offender's conduct and to the danger the offender poses to	2561
the public, and if the court also finds any of the following:	2562

(a) The offender committed one or more of the multiple	2563
offenses while the offender was awaiting trial or sentencing, was	2564
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2565
2929.18 of the Revised Code, or was under post-release control for	2566
a prior offense.	2567

(b) At least two of the multiple offenses were committed as	2568
part of one or more courses of conduct, and the harm caused by two	2569
or more of the multiple offenses so committed was so great or	2570
unusual that no single prison term for any of the offenses	2571
committed as part of any of the courses of conduct adequately	2572
reflects the seriousness of the offender's conduct.	2573

(c) The offender's history of criminal conduct demonstrates	2574
that consecutive sentences are necessary to protect the public	2575
from future crime by the offender.	2576

(5) When consecutive prison terms are imposed pursuant to	2577
division (E)(1), (2), (3), or (4) of this section, the term to be	2578
served is the aggregate of all of the terms so imposed.	2579

(F) If a court imposes a prison term of a type described in	2580
division (B) of section 2967.28 of the Revised Code, it shall	2581
include in the sentence a requirement that the offender be subject	2582
to a period of post-release control after the offender's release	2583
from imprisonment, in accordance with that division. If a court	2584
imposes a prison term of a type described in division (C) of that	2585
section, it shall include in the sentence a requirement that the	2586
offender be subject to a period of post-release control after the	2587
offender's release from imprisonment, in accordance with that	2588
division, if the parole board determines that a period of	2589
post-release control is necessary.	2590

(G) If a person is convicted of or pleads guilty to a	2591
sexually violent offense and also is convicted of or pleads guilty	2592
to a sexually violent predator specification that was included in	2593
the indictment, count in the indictment, or information charging	2594
that offense, the court shall impose sentence upon the offender in	2595
accordance with section 2971.03 of the Revised Code, and Chapter	2596
2971. of the Revised Code applies regarding the prison term or	2597
term of life imprisonment without parole imposed upon the offender	2598
and the service of that term of imprisonment.	2599

(H) If a person who has been convicted of or pleaded guilty	2600
to a felony is sentenced to a prison term or term of imprisonment	2601
under this section, sections 2929.02 to 2929.06 of the Revised	2602
Code, section 2971.03 of the Revised Code, or any other provision	2603
of law, section 5120.163 of the Revised Code applies regarding the	2604
person while the person is confined in a state correctional	2605
institution.	2606

(I) If an offender who is convicted of or pleads guilty to a	2607
felony that is an offense of violence also is convicted of or	2608
pleads guilty to a specification of the type described in section	2609
2941.142 of the Revised Code that charges the offender with having	2610
committed the felony while participating in a criminal gang, the	2611
court shall impose upon the offender an additional prison term of	2612
one, two, or three years.	2613

(J) If an offender who is convicted of or pleads guilty to	2614
aggravated murder, murder, or a felony of the first, second, or	2615
third degree that is an offense of violence also is convicted of	2616
or pleads guilty to a specification of the type described in	2617
section 2941.143 of the Revised Code that charges the offender	2618
with having committed the offense in a school safety zone or	2619
towards a person in a school safety zone, the court shall impose	2620
upon the offender an additional prison term of two years. The	2621
offender shall serve the additional two years consecutively to and	2622
prior to the prison term imposed for the underlying offense.	2623

(K) At the time of sentencing, the court may recommend the	2624
offender for placement in a program of shock incarceration under	2625
section 5120.031 of the Revised Code or for placement in an	2626
intensive program prison under section 5120.032 of the Revised	2627
Code, disapprove placement of the offender in a program of shock	2628
incarceration or an intensive program prison of that nature, or	2629
make no recommendation on placement of the offender. In no case	2630
shall the department of rehabilitation and correction place the	2631
offender in a program or prison of that nature unless the	2632
department determines as specified in section 5120.031 or 5120.032	2633
of the Revised Code, whichever is applicable, that the offender is	2634
eligible for the placement.	2635

If the court disapproves placement of the offender in a	2636
program or prison of that nature, the department of rehabilitation	2637
and correction shall not place the offender in any program of	2638
shock incarceration or intensive program prison.	2639

If the court recommends placement of the offender in a	2640
program of shock incarceration or in an intensive program prison,	2641
and if the offender is subsequently placed in the recommended	2642
program or prison, the department shall notify the court of the	2643
placement and shall include with the notice a brief description of	2644
the placement.	2645

If the court recommends placement of the offender in a	2646
program of shock incarceration or in an intensive program prison	2647
and the department does not subsequently place the offender in the	2648
recommended program or prison, the department shall send a notice	2649
to the court indicating why the offender was not placed in the	2650
recommended program or prison.	2651

If the court does not make a recommendation under this	2652
division with respect to an offender and if the department	2653
determines as specified in section 5120.031 or 5120.032 of the	2654
Revised Code, whichever is applicable, that the offender is	2655
eligible for placement in a program or prison of that nature, the	2656
department shall screen the offender and determine if there is an	2657
available program of shock incarceration or an intensive program	2658
prison for which the offender is suited. If there is an available	2659
program of shock incarceration or an intensive program prison for	2660
which the offender is suited, the department shall notify the	2661
court of the proposed placement of the offender as specified in	2662
section 5120.031 or 5120.032 of the Revised Code and shall include	2663
with the notice a brief description of the placement. The court	2664
shall have ten days from receipt of the notice to disapprove the	2665
placement.	2666

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	2667
of the Revised Code, a first offender may apply to the sentencing	2668
court if convicted in this state, or to a court of common pleas if	2669
convicted in another state or in a federal court, for the sealing	2670
of the conviction record. Application may be made at the	2671
expiration of three years after the offender's final discharge if	2672
convicted of a felony, or at the expiration of one year after the	2673
offender's final discharge if convicted of a misdemeanor.	2674

(2) Any person who has been arrested for any misdemeanor	2675
offense and who has effected a bail forfeiture may apply to the	2676
court in which the misdemeanor criminal case was pending when bail	2677
was forfeited for the sealing of the record of the case. Except as	2678
provided in section 2953.61 of the Revised Code, the application	2679
may be filed at any time after the expiration of one year from the	2680
date on which the bail forfeiture was entered upon the minutes of	2681
the court or the journal, whichever entry occurs first.	2682

(B) Upon the filing of an application under this section, the	2683
court shall set a date for a hearing and shall notify the	2684
prosecutor for the case of the hearing on the application. The	2685
prosecutor may object to the granting of the application by filing	2686
an objection with the court prior to the date set for the hearing.	2687
The prosecutor shall specify in the objection the reasons for	2688
believing a denial of the application is justified. The court	2689
shall direct its regular probation officer, a state probation	2690
officer, or the department of probation of the county in which the	2691
applicant resides to make inquiries and written reports as the	2692
court requires concerning the applicant.	2693

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

2694

(a) Determine whether the applicant is a first offender or	2695
whether the forfeiture of bail was agreed to by the applicant and	2696
the prosecutor in the case. If the applicant applies as a first	2697
offender pursuant to division (A)(1) of this section and has two	2698
or three convictions that result from the same indictment,	2699
information, or complaint, from the same plea of guilty, or from	2700
the same official proceeding, and result from related criminal	2701
acts that were committed within a three-month period but do not	2702
result from the same act or from offenses committed at the same	2703
time, in making its determination under this division, the court	2704
initially shall determine whether it is not in the public interest	2705
for the two or three convictions to be counted as one conviction.	2706
If the court determines that it is not in the public interest for	2707
the two or three convictions to be counted as one conviction, the	2708
court shall determine that the applicant is not a first offender;	2709
if the court does not make that determination, the court shall	2710
determine that the offender is a first offender.	2711

(b) Determine whether criminal proceedings are pending	2712
against the applicant;	2713

(c) If the applicant is a first offender who applies pursuant	2714
to division (A)(1) of this section, determine whether the	2715
applicant has been rehabilitated to the satisfaction of the court;	2716

(d) If the prosecutor has filed an objection in accordance	2717
with division (B) of this section, consider the reasons against	2718
granting the application specified by the prosecutor in the	2719
objection;	2720

(e) Weigh the interests of the applicant in having the	2721
records pertaining to the applicant's conviction sealed against	2722
the legitimate needs, if any, of the government to maintain those	2723
records.	2724

(2) If the court determines, after complying with division	2725
(C)(1) of this section, that the applicant is a first offender or	2726
the subject of a bail forfeiture, that no criminal proceeding is	2727
pending against the applicant, and that the interests of the	2728
applicant in having the records pertaining to the applicant's	2729
conviction or bail forfeiture sealed are not outweighed by any	2730
legitimate governmental needs to maintain those records, and that	2731
the rehabilitation of an applicant who is a first offender	2732
applying pursuant to division (A)(1) of this section has been	2733
attained to the satisfaction of the court, the court, except as	2734
provided in division (G) of this section, shall order all official	2735
records pertaining to the case sealed and, except as provided in	2736
division (F) of this section, all index references to the case	2737
deleted and, in the case of bail forfeitures, shall dismiss the	2738
charges in the case. The proceedings in the case shall be	2739
considered not to have occurred and the conviction or bail	2740
forfeiture of the person who is the subject of the proceedings	2741
shall be sealed, except that upon conviction of a subsequent	2742
offense, the sealed record of prior conviction or bail forfeiture	2743
may be considered by the court in determining the sentence or	2744
other appropriate disposition, including the relief provided for	2745
in sections 2953.31 to 2953.33 of the Revised Code.	2746

(3) Upon the filing of an application under this section, the	2747
applicant, unless indigent, shall pay a fee of fifty dollars. The	2748
court shall pay thirty dollars of the fee into the state treasury.	2749
It shall pay twenty dollars of the fee into the county general	2750
revenue fund if the sealed conviction or bail forfeiture was	2751
pursuant to a state statute, or into the general revenue fund of	2752
the municipal corporation involved if the sealed conviction or	2753
bail forfeiture was pursuant to a municipal ordinance.	2754

(D) Inspection of the sealed records included in the order	2755
may be made only by the following persons or for the following	2756
purposes:	2757

(1) By a law enforcement officer or prosecutor, or the	2758
assistants of either, to determine whether the nature and	2759
character of the offense with which a person is to be charged	2760
would be affected by virtue of the person's previously having been	2761
convicted of a crime;	2762

(2) By the parole or probation officer of the person who is	2763
the subject of the records, for the exclusive use of the officer	2764
in supervising the person while on parole or probation and in	2765
making inquiries and written reports as requested by the court or	2766
adult parole authority;	2767

(3) Upon application by the person who is the subject of the	2768
records, by the persons named in the application;	2769

(4) By a law enforcement officer who was involved in the	2770
case, for use in the officer's defense of a civil action arising	2771
out of the officer's involvement in that case;	2772

(5) By a prosecuting attorney or the prosecuting attorney's	2773
assistants to determine a defendant's eligibility to enter a	2774
pre-trial diversion program established pursuant to section	2775
2935.36 of the Revised Code;	2776

(6) By any law enforcement agency or any authorized employee	2777
of a law enforcement agency or by the department of rehabilitation	2778
and correction as part of a background investigation of a person	2779
who applies for employment with the agency as a law enforcement	2780
officer or with the department as a corrections officer;	2781

(7) By any law enforcement agency or any authorized employee	2782
of a law enforcement agency, for the purposes set forth in, and in	2783
the manner provided in, section 2953.321 of the Revised Code;	2784

(8) By the bureau of criminal identification and	2785
investigation or any authorized employee of the bureau for the	2786
purpose of providing information to a board or person pursuant to	2787
division (F) or (G) of section 109.57 of the Revised Code;	2788

(9) By the bureau of criminal identification and	2789
investigation or any authorized employee of the bureau for the	2790
purpose of performing a criminal history records check on a person	2791
to whom a certificate as prescribed in section 109.77 of the	2792
Revised Code is to be awarded;	2793

(10) By the bureau of criminal identification and	2794
investigation, an authorized employee of the bureau, a sheriff, or	2795
an authorized employee of the sheriff in connection with a	2796
criminal records check described in section 311.41 of the Revised	2797
Code.	2798

When the nature and character of the offense with which a	2799
person is to be charged would be affected by the information, it	2800
may be used for the purpose of charging the person with an	2801
offense.	2802

(E) In any criminal proceeding, proof of any otherwise	2803
admissible prior conviction may be introduced and proved,	2804
notwithstanding the fact that for any such prior conviction an	2805
order of sealing previously was issued pursuant to sections	2806
2953.31 to 2953.36 of the Revised Code.	2807

The person or governmental agency, office, or department that	2808
maintains sealed records pertaining to convictions or bail	2809
forfeitures that have been sealed pursuant to this section may	2810
maintain a manual or computerized index to the sealed records. The	2811
index shall contain only the name of, and alphanumeric identifiers	2812
that relate to, the persons who are the subject of the sealed	2813
records, the word "sealed," and the name of the person, agency,	2814
office, or department that has custody of the sealed records, and	2815
shall not contain the name of the crime committed. The index shall	2816
be made available by the person who has custody of the sealed	2817
records only for the purposes set forth in divisions (C), (D), and	2818
(E) of this section.	2819

(G) Notwithstanding any provision of this section or section	2820
2953.33 of the Revised Code that requires otherwise, a board of	2821
education of a city, local, exempted village, or joint vocational	2822
school district that maintains records of an individual who has	2823
been permanently excluded under sections 3301.121 and 3313.662 of	2824
the Revised Code is permitted to maintain records regarding a	2825
conviction that was used as the basis for the individual's	2826
permanent exclusion, regardless of a court order to seal the	2827
record. An order issued under this section to seal the record of a	2828
conviction does not revoke the adjudication order of the	2829
superintendent of public instruction to permanently exclude the	2830
individual who is the subject of the sealing order. An order	2831
issued under this section to seal the record of a conviction of an	2832
individual may be presented to a district superintendent as	2833
evidence to support the contention that the superintendent should	2834
recommend that the permanent exclusion of the individual who is	2835
the subject of the sealing order be revoked. Except as otherwise	2836
authorized by this division and sections 3301.121 and 3313.662 of	2837
the Revised Code, any school employee in possession of or having	2838
access to the sealed conviction records of an individual that were	2839
the basis of a permanent exclusion of the individual is subject to	2840
section 2953.35 of the Revised Code.	2841

Sec. 4749.10.  (A) No class A, B, or C licensee and no	2842
registered employee of a class A, B, or C licensee shall carry a	2843
firearm, as defined in section 2923.11 of the Revised Code, in the	2844
course of engaging in the business of private investigation, the	2845
business of security services, or both businesses, unless all of	2846
the following apply:	2847

(1) The licensee or employee either has successfully	2848
completed a basic firearm training program at a training school	2849
approved by the Ohio peace officer training commission, which	2850
program includes twenty hours of training in handgun use and, if	2851
any firearm other than a handgun is to be used, five hours of	2852
training in the use of other firearms, and has received a	2853
certificate of satisfactory completion of that program from the	2854
executive director of the commission; the licensee or employee	2855
has, within three years prior to the effective date of this	2856
sectionNovember 27, 1985, satisfactorily completed firearms	2857
training that has been approved by the commission as being	2858
equivalent to such a program and has received written evidence of	2859
approval of that training from the executive director of the	2860
commission; or the licensee or employee is a former peace officer,	2861
as defined in section 109.71 of the Revised Code, who previously	2862
had successfully completed a firearms training course at a	2863
training school approved by the Ohio peace officer training	2864
commission and has received a certificate or other evidence of	2865
satisfactory completion of that course from the executive director	2866
of the commission.	2867

(2) The licensee or employee submits an application to the	2868
director of commerce, on a form prescribed by the director, in	2869
which the licensee or employee requests registration as a class A,	2870
B, or C licensee or employee who may carry a firearm. The	2871
application shall be accompanied by a copy of the certificate or	2872
the written evidence or other evidence described in division	2873
(A)(1) of this section, the identification card issued pursuant to	2874
section 4749.03 or 4749.06 of the Revised Code if one has	2875
previously been issued, a statement of the duties that will be	2876
performed while the licensee or employee is armed, and a fee of	2877
ten dollars. In the case of a registered employee, the statement	2878
shall be prepared by the employing class A, B, or C licensee.	2879

(3) The licensee or employee receives a notation on the	2880
licensee's or employee's identification card that the licensee or	2881
employee is a firearm-bearer and carries the identification card	2882
whenever the licensee or employee carries a firearm in the course	2883
of engaging in the business of private investigation, the business	2884
of security services, or both businesses.	2885

(4) At any time within the immediately preceding twelve-month	2886
period, the licensee or employee has requalified in firearms use	2887
on a firearms training range at a firearms requalification program	2888
certified by the Ohio peace officer training commission or on a	2889
firearms training range under the supervision of an instructor	2890
certified by the commission and has received a certificate of	2891
satisfactory requalification from the certified program or	2892
certified instructor, provided that this division does not apply	2893
to any licensee or employee prior to the expiration of eighteen	2894
months after the licensee's or employee's completion of the	2895
program described in division (A)(1) of this section. A	2896
certificate of satisfactory requalification is valid and remains	2897
in effect for twelve months from the date of the requalification.	2898

(5) If division (A)(4) of this section applies to the	2899
licensee or employee, the licensee or employee carries the	2900
certificate of satisfactory requalification that then is in effect	2901
or any other evidence of requalification issued or provided by the	2902
director.	2903

(B)(1) The director of commerce shall register an applicant	2904
under division (A) of this section who satisfies divisions (A)(1)	2905
and (2) of this section, and place a notation on the applicant's	2906
identification card indicating that the applicant is a	2907
firearm-bearer and the date on which the applicant completed the	2908
program described in division (A)(1) of this section.	2909

(2) A firearms requalification training program or instructor	2910
certified by the commission for the annual requalification of	2911
class A, B, or C licensees or employees who are authorized to	2912
carry a firearm under section 4749.10 of the Revised Code shall	2913
award a certificate of satisfactory requalification to each class	2914
A, B, or C licensee or registered employee of a class A, B, or C	2915
licensee who satisfactorily requalifies in firearms training. The	2916
certificate shall identify the licensee or employee and indicate	2917
the date of the requalification. A licensee or employee who	2918
receives such a certificate shall submit a copy of it to the	2919
director of commerce. A licensee shall submit the copy of the	2920
requalification certificate at the same time that the licensee	2921
makes application for renewal of the licensee's class A, B, or C	2922
license. The director shall keep a record of all copies of	2923
requalification certificates the director receives under this	2924
division and shall establish a procedure for the updating of	2925
identification cards to provide evidence of compliance with the	2926
annual requalification requirement. The procedure for the updating	2927
of identification cards may provide for the issuance of a new card	2928
containing the evidence, the entry of a new notation containing	2929
the evidence on the existing card, the issuance of a separate card	2930
or paper containing the evidence, or any other procedure	2931
determined by the director to be reasonable. Each person who is	2932
issued a requalification certificate under this division promptly	2933
shall pay to the Ohio peace officer training commission	2934
established by section 109.71 of the Revised Code a fee of five	2935
dollars, which fee shall be transmitted to the treasurer of state	2936
for deposit in the peace officer private security fund established	2937
by section 109.78 of the Revised Code.	2938

(C) Nothing in this section prohibits a private investigator	2939
or a security guard provider from carrying a concealed handgun if	2940
the private investigator or security guard provider complies with	2941
sections 2923.124 to 2923.1212 of the Revised Code.	2942

Sec. 5122.311. (A) Notwithstanding any provision of the	2943
Revised Code to the contrary, if, on or after the effective date	2944
of this section, an individual is found by a court to be a	2945
mentally ill person subject to hospitalization by court order or	2946
becomes an involuntary patient other than one who is a patient	2947
only for purposes of observation, the probate judge who made the	2948
adjudication or the chief clinical officer of the hospital,	2949
agency, or facility in which the person is an involuntary patient	2950
shall notify the bureau of criminal identification and	2951
investigation, on the form described in division (C) of this	2952
section, of the identity of the individual. The notification shall	2953
be transmitted by the judge or the chief clinical officer not	2954
later than seven days after the adjudication or commitment.	2955

(B) The bureau of criminal identification and investigation	2956
shall compile and maintain the notices it receives under division	2957
(A) of this section and shall use them for the purpose of	2958
conducting incompetency records checks pursuant to section 311.41	2959
of the Revised Code. The notices and the information they contain	2960
are confidential, except as provided in this division, and are not	2961
public records.	2962

(C) The attorney general, by rule adopted under Chapter 119.	2963
of the Revised Code, shall prescribe and make available to all	2964
probate judges and all chief clinical officers a form to be used	2965
by them for the purpose of making the notifications required by	2966
division (A) of this section.	2967

Section 2.  That existing sections 1547.69, 2911.21, 2913.02,	2968
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13,	2969
2923.16, 2929.14, 2953.32, and 4749.10 of the Revised Code are	2970
hereby repealed.	2971

Section 3.  That the versions of sections 2923.122, 2929.14,	2972
and 2953.32 of the Revised Code that are scheduled to take effect	2973
January 1, 2004, be amended to read as follows:	2974

Sec. 2923.122.  (A) No person shall knowingly convey, or	2975
attempt to convey, a deadly weapon or dangerous ordnance into a	2976
school safety zone.	2977

(B) No person shall knowingly possess a deadly weapon or	2978
dangerous ordnance in a school safety zone.	2979

(C) No person shall knowingly possess an object in a school	2980
safety zone if both of the following apply:	2981

(1) The object is indistinguishable from a firearm, whether	2982
or not the object is capable of being fired.	2983

(2) The person indicates that the person possesses the object	2984
and that it is a firearm, or the person knowingly displays or	2985
brandishes the object and indicates that it is a firearm.	2986

(D)(1) This section does not apply to officers, agents, or	2987
employees of this or any other state or the United States, or to	2988
law enforcement officers, authorized to carry deadly weapons or	2989
dangerous ordnance and acting within the scope of their duties, to	2990
any security officer employed by a board of education or governing	2991
body of a school during the time that the security officer is on	2992
duty pursuant to that contract of employment, or to any other	2993
person who has written authorization from the board of education	2994
or governing body of a school to convey deadly weapons or	2995
dangerous ordnance into a school safety zone or to possess a	2996
deadly weapon or dangerous ordnance in a school safety zone and	2997
who conveys or possesses the deadly weapon or dangerous ordnance	2998
in accordance with that authorization.	2999

(2) Division (C) of this section does not apply to premises	3000
upon which home schooling is conducted. Division (C) of this	3001
section also does not apply to a school administrator, teacher, or	3002
employee who possesses an object that is indistinguishable from a	3003
firearm for legitimate school purposes during the course of	3004
employment, a student who uses an object that is indistinguishable	3005
from a firearm under the direction of a school administrator,	3006
teacher, or employee, or any other person who with the express	3007
prior approval of a school administrator possesses an object that	3008
is indistinguishable from a firearm for a legitimate purpose,	3009
including the use of the object in a ceremonial activity, a play,	3010
reenactment, or other dramatic presentation, or a ROTC activity or	3011
another similar use of the object.	3012

(3) This section does not apply to a person who conveys or	3013
attempts to convey a handgun into, or possesses a handgun in, a	3014
school safety zone if, at the time of that conveyance, attempted	3015
conveyance, or possession of the handgun, all of the following	3016
apply:	3017

(a) The person does not enter into a school building or onto	3018
school premises and is not at a school activity.	3019

(b) The person is carrying a valid license to carry a	3020
concealed handgun issued to the person under section 2923.125 of	3021
the Revised Code or a license to carry a concealed handgun that	3022
was issued by another state with which the attorney general has	3023
entered into a reciprocity agreement under section 109.69 of the	3024
Revised Code.	3025

(c) The person is in the school safety zone in accordance	3026
with 18 U.S.C. 922(q)(2)(B).	3027

(d) The person is not knowingly in a place described in	3028
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	3029
Revised Code.	3030

(E)(1) Whoever violates division (A) or (B) of this section	3031
is guilty of illegal conveyance or possession of a deadly weapon	3032
or dangerous ordnance in a school safety zone. Except as otherwise	3033
provided in this division, illegal conveyance or possession of a	3034
deadly weapon or dangerous ordnance in a school safety zone is a	3035
felony of the fifth degree. If the offender previously has been	3036
convicted of a violation of this section, illegal conveyance or	3037
possession of a deadly weapon or dangerous ordnance in a school	3038
safety zone is a felony of the fourth degree.	3039

(2) Whoever violates division (C) of this section is guilty	3040
of illegal possession of an object indistinguishable from a	3041
firearm in a school safety zone. Except as otherwise provided in	3042
this division, illegal possession of an object indistinguishable	3043
from a firearm in a school safety zone is a misdemeanor of the	3044
first degree. If the offender previously has been convicted of a	3045
violation of this section, illegal possession of an object	3046
indistinguishable from a firearm in a school safety zone is a	3047
felony of the fifth degree.	3048

(F)(1) In addition to any other penalty imposed upon a person	3049
who is convicted of or pleads guilty to a violation of this	3050
section and subject to division (F)(2) of this section, if the	3051
offender has not attained nineteen years of age, regardless of	3052
whether the offender is attending or is enrolled in a school	3053
operated by a board of education or for which the state board of	3054
education prescribes minimum standards under section 3301.07 of	3055
the Revised Code, the court shall impose upon the offender a class	3056
four suspension of the offender's probationary driver's license,	3057
restricted license, driver's license, commercial driver's license,	3058
temporary instruction permit, or probationary commercial driver's	3059
license that then is in effect from the range specified in	3060
division (A)(4) of section 4510.02 of the Revised Code and shall	3061
deny the offender the issuance of any permit or license of that	3062
type during the period of the suspension.	3063

If the offender is not a resident of this state, the court	3064
shall impose a class four suspension of the nonresident operating	3065
privilege of the offender from the range specified in division	3066
(A)(4) of section 4510.02 of the Revised Code.	3067

(2) If the offender shows good cause why the court should not	3068
suspend one of the types of licenses, permits, or privileges	3069
specified in division (F)(1) of this section or deny the issuance	3070
of one of the temporary instruction permits specified in that	3071
division, the court in its discretion may choose not to impose the	3072
suspension, revocation, or denial required in that division.	3073

(G) As used in this section, "object that is	3074
indistinguishable from a firearm" means an object made,	3075
constructed, or altered so that, to a reasonable person without	3076
specialized training in firearms, the object appears to be a	3077
firearm.	3078

Sec. 2929.14.  (A) Except as provided in division (C),	3079
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	3080
in relation to an offense for which a sentence of death or life	3081
imprisonment is to be imposed, if the court imposing a sentence	3082
upon an offender for a felony elects or is required to impose a	3083
prison term on the offender pursuant to this chapter and is not	3084
prohibited by division (G)(1) of section 2929.13 of the Revised	3085
Code from imposing a prison term on the offender, the court shall	3086
impose a definite prison term that shall be one of the following:	3087

(1) For a felony of the first degree, the prison term shall	3088
be three, four, five, six, seven, eight, nine, or ten years.	3089

(2) For a felony of the second degree, the prison term shall	3090
be two, three, four, five, six, seven, or eight years.	3091

(3) For a felony of the third degree, the prison term shall	3092
be one, two, three, four, or five years.	3093

(4) For a felony of the fourth degree, the prison term shall	3094
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	3095
fourteen, fifteen, sixteen, seventeen, or eighteen months.	3096

(5) For a felony of the fifth degree, the prison term shall	3097
be six, seven, eight, nine, ten, eleven, or twelve months.	3098

(B) Except as provided in division (C), (D)(1), (D)(2),	3099
(D)(3), or (G) of this section, in section 2907.02 of the Revised	3100
Code, or in Chapter 2925. of the Revised Code, if the court	3101
imposing a sentence upon an offender for a felony elects or is	3102
required to impose a prison term on the offender, the court shall	3103
impose the shortest prison term authorized for the offense	3104
pursuant to division (A) of this section, unless one or more of	3105
the following applies:	3106

(1) The offender was serving a prison term at the time of the	3107
offense, or the offender previously had served a prison term.	3108

(2) The court finds on the record that the shortest prison	3109
term will demean the seriousness of the offender's conduct or will	3110
not adequately protect the public from future crime by the	3111
offender or others.	3112

(C) Except as provided in division (G) of this section or in	3113
Chapter 2925. of the Revised Code, the court imposing a sentence	3114
upon an offender for a felony may impose the longest prison term	3115
authorized for the offense pursuant to division (A) of this	3116
section only upon offenders who committed the worst forms of the	3117
offense, upon offenders who pose the greatest likelihood of	3118
committing future crimes, upon certain major drug offenders under	3119
division (D)(3) of this section, and upon certain repeat violent	3120
offenders in accordance with division (D)(2) of this section.	3121

(D)(1)(a) Except as provided in division (D)(1)(e) of this	3122
section, if an offender who is convicted of or pleads guilty to a	3123
felony also is convicted of or pleads guilty to a specification of	3124
the type described in section 2941.141, 2941.144, or 2941.145 of	3125
the Revised Code, the court shall impose on the offender one of	3126
the following prison terms:	3127

(i) A prison term of six years if the specification is of the	3128
type described in section 2941.144 of the Revised Code that	3129
charges the offender with having a firearm that is an automatic	3130
firearm or that was equipped with a firearm muffler or silencer on	3131
or about the offender's person or under the offender's control	3132
while committing the felony;	3133

(ii) A prison term of three years if the specification is of	3134
the type described in section 2941.145 of the Revised Code that	3135
charges the offender with having a firearm on or about the	3136
offender's person or under the offender's control while committing	3137
the offense and displaying the firearm, brandishing the firearm,	3138
indicating that the offender possessed the firearm, or using it to	3139
facilitate the offense;	3140

(iii) A prison term of one year if the specification is of	3141
the type described in section 2941.141 of the Revised Code that	3142
charges the offender with having a firearm on or about the	3143
offender's person or under the offender's control while committing	3144
the felony.	3145

(b) If a court imposes a prison term on an offender under	3146
division (D)(1)(a) of this section, the prison term shall not be	3147
reduced pursuant to section 2929.20, section 2967.193, or any	3148
other provision of Chapter 2967. or Chapter 5120. of the Revised	3149
Code. A court shall not impose more than one prison term on an	3150
offender under division (D)(1)(a) of this section for felonies	3151
committed as part of the same act or transaction.	3152

(c) Except as provided in division (D)(1)(e) of this section,	3153
if an offender who is convicted of or pleads guilty to a violation	3154
of section 2923.161 of the Revised Code or to a felony that	3155
includes, as an essential element, purposely or knowingly causing	3156
or attempting to cause the death of or physical harm to another,	3157
also is convicted of or pleads guilty to a specification of the	3158
type described in section 2941.146 of the Revised Code that	3159
charges the offender with committing the offense by discharging a	3160
firearm from a motor vehicle other than a manufactured home, the	3161
court, after imposing a prison term on the offender for the	3162
violation of section 2923.161 of the Revised Code or for the other	3163
felony offense under division (A), (D)(2), or (D)(3) of this	3164
section, shall impose an additional prison term of five years upon	3165
the offender that shall not be reduced pursuant to section	3166
2929.20, section 2967.193, or any other provision of Chapter 2967.	3167
or Chapter 5120. of the Revised Code. A court shall not impose	3168
more than one additional prison term on an offender under division	3169
(D)(1)(c) of this section for felonies committed as part of the	3170
same act or transaction. If a court imposes an additional prison	3171
term on an offender under division (D)(1)(c) of this section	3172
relative to an offense, the court also shall impose a prison term	3173
under division (D)(1)(a) of this section relative to the same	3174
offense, provided the criteria specified in that division for	3175
imposing an additional prison term are satisfied relative to the	3176
offender and the offense.	3177

(d) If an offender who is convicted of or pleads guilty to an	3178
offense of violence that is a felony also is convicted of or	3179
pleads guilty to a specification of the type described in section	3180
2941.1411 of the Revised Code that charges the offender with	3181
wearing or carrying body armor while committing the felony offense	3182
of violence, the court shall impose on the offender a prison term	3183
of two years. The prison term so imposed shall not be reduced	3184
pursuant to section 2929.20, section 2967.193, or any other	3185
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	3186
court shall not impose more than one prison term on an offender	3187
under division (D)(1)(d) of this section for felonies committed as	3188
part of the same act or transaction. If a court imposes an	3189
additional prison term under division (D)(1)(a) or (c) of this	3190
section, the court is not precluded from imposing an additional	3191
prison term under division (D)(1)(d) of this section.	3192

(e) The court shall not impose any of the prison terms	3193
described in division (D)(1)(a) of this section or any of the	3194
additional prison terms described in division (D)(1)(c) of this	3195
section upon an offender for a violation of section 2923.12 or	3196
2923.123 of the Revised Code. The court shall not impose any of	3197
the prison terms described in division (D)(1)(a) of this section	3198
or any of the additional prison terms described in division	3199
(D)(1)(c) of this section upon an offender for a violation of	3200
section 2923.13 of the Revised Code unless all of the following	3201
apply:	3202

(i) The offender previously has been convicted of aggravated	3203
murder, murder, or any felony of the first or second degree.	3204

(ii) Less than five years have passed since the offender was	3205
released from prison or post-release control, whichever is later,	3206
for the prior offense.	3207

(f) If an offender is convicted of or pleads guilty to a	3208
felony that includes, as an essential element, causing or	3209
attempting to cause the death of or physical harm to another and	3210
also is convicted of or pleads guilty to a specification of the	3211
type described in section 2941.1412 of the Revised Code that	3212
charges the offender with committing the offense by discharging a	3213
firearm at a peace officer as defined in section 2935.01 of the	3214
Revised Code or a corrections officer as defined in section	3215
2941.1412 of the Revised Code, the court, after imposing a prison	3216
term on the offender for the felony offense under division (A),	3217
(D)(2), or (D)(3) of this section, shall impose an additional	3218
prison term of seven years upon the offender that shall not be	3219
reduced pursuant to section 2929.20, section 2967.193, or any	3220
other provision of Chapter 2967. or Chapter 5120. of the Revised	3221
Code. A court shall not impose more than one additional prison	3222
term on an offender under division (D)(1)(f) of this section for	3223
felonies committed as part of the same act or transaction. If a	3224
court imposes an additional prison term on an offender under	3225
division (D)(1)(f) of this section relative to an offense, the	3226
court shall not impose a prison term under division (D)(1)(a) or	3227
(c) of this section relative to the same offense.	3228

(2)(a) If an offender who is convicted of or pleads guilty to	3229
a felony also is convicted of or pleads guilty to a specification	3230
of the type described in section 2941.149 of the Revised Code that	3231
the offender is a repeat violent offender, the court shall impose	3232
a prison term from the range of terms authorized for the offense	3233
under division (A) of this section that may be the longest term in	3234
the range and that shall not be reduced pursuant to section	3235
2929.20, section 2967.193, or any other provision of Chapter 2967.	3236
or Chapter 5120. of the Revised Code. If the court finds that the	3237
repeat violent offender, in committing the offense, caused any	3238
physical harm that carried a substantial risk of death to a person	3239
or that involved substantial permanent incapacity or substantial	3240
permanent disfigurement of a person, the court shall impose the	3241
longest prison term from the range of terms authorized for the	3242
offense under division (A) of this section.	3243

(b) If the court imposing a prison term on a repeat violent	3244
offender imposes the longest prison term from the range of terms	3245
authorized for the offense under division (A) of this section, the	3246
court may impose on the offender an additional definite prison	3247
term of one, two, three, four, five, six, seven, eight, nine, or	3248
ten years if the court finds that both of the following apply with	3249
respect to the prison terms imposed on the offender pursuant to	3250
division (D)(2)(a) of this section and, if applicable, divisions	3251
(D)(1) and (3) of this section:	3252

(i) The terms so imposed are inadequate to punish the	3253
offender and protect the public from future crime, because the	3254
applicable factors under section 2929.12 of the Revised Code	3255
indicating a greater likelihood of recidivism outweigh the	3256
applicable factors under that section indicating a lesser	3257
likelihood of recidivism.	3258

(ii) The terms so imposed are demeaning to the seriousness of	3259
the offense, because one or more of the factors under section	3260
2929.12 of the Revised Code indicating that the offender's conduct	3261
is more serious than conduct normally constituting the offense are	3262
present, and they outweigh the applicable factors under that	3263
section indicating that the offender's conduct is less serious	3264
than conduct normally constituting the offense.	3265

(3)(a) Except when an offender commits a violation of section	3266
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	3267
the violation is life imprisonment or commits a violation of	3268
section 2903.02 of the Revised Code, if the offender commits a	3269
violation of section 2925.03 or 2925.11 of the Revised Code and	3270
that section classifies the offender as a major drug offender and	3271
requires the imposition of a ten-year prison term on the offender,	3272
if the offender commits a felony violation of section 2925.02,	3273
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	3274
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	3275
division (C) of section 4729.51, or division (J) of section	3276
4729.54 of the Revised Code that includes the sale, offer to sell,	3277
or possession of a schedule I or II controlled substance, with the	3278
exception of marihuana, and the court imposing sentence upon the	3279
offender finds that the offender is guilty of a specification of	3280
the type described in section 2941.1410 of the Revised Code	3281
charging that the offender is a major drug offender, if the court	3282
imposing sentence upon an offender for a felony finds that the	3283
offender is guilty of corrupt activity with the most serious	3284
offense in the pattern of corrupt activity being a felony of the	3285
first degree, or if the offender is guilty of an attempted	3286
violation of section 2907.02 of the Revised Code and, had the	3287
offender completed the violation of section 2907.02 of the Revised	3288
Code that was attempted, the offender would have been subject to a	3289
sentence of life imprisonment or life imprisonment without parole	3290
for the violation of section 2907.02 of the Revised Code, the	3291
court shall impose upon the offender for the felony violation a	3292
ten-year prison term that cannot be reduced pursuant to section	3293
2929.20 or Chapter 2967. or 5120. of the Revised Code.	3294

(b) The court imposing a prison term on an offender under	3295
division (D)(3)(a) of this section may impose an additional prison	3296
term of one, two, three, four, five, six, seven, eight, nine, or	3297
ten years, if the court, with respect to the term imposed under	3298
division (D)(3)(a) of this section and, if applicable, divisions	3299
(D)(1) and (2) of this section, makes both of the findings set	3300
forth in divisions (D)(2)(b)(i) and (ii) of this section.	3301

(4) If the offender is being sentenced for a third or fourth	3302
degree felony OVI offense under division (G)(2) of section 2929.13	3303
of the Revised Code, the sentencing court shall impose upon the	3304
offender a mandatory prison term in accordance with that division.	3305
In addition to the mandatory prison term, if the offender is being	3306
sentenced for a fourth degree felony OVI offense, the court,	3307
notwithstanding division (A)(4) of this section, may sentence the	3308
offender to a definite prison term of not less than six months and	3309
not more than thirty months, and if the offender is being	3310
sentenced for a third degree felony OVI offense, the sentencing	3311
court may sentence the offender to an additional prison term of	3312
any duration specified in division (A)(3) of this section. In	3313
either case, the additional prison term imposed shall be reduced	3314
by the sixty or one hundred twenty days imposed upon the offender	3315
as the mandatory prison term. The total of the additional prison	3316
term imposed under division (D)(4) of this section plus the sixty	3317
or one hundred twenty days imposed as the mandatory prison term	3318
shall equal a definite term in the range of six months to thirty	3319
months for a fourth degree felony OVI offense and shall equal one	3320
of the authorized prison terms specified in division (A)(3) of	3321
this section for a third degree felony OVI offense. If the court	3322
imposes an additional prison term under division (D)(4) of this	3323
section, the offender shall serve the additional prison term after	3324
the offender has served the mandatory prison term required for the	3325
offense. The court shall not sentence the offender to a community	3326
control sanction under section 2929.16 or 2929.17 of the Revised	3327
Code.	3328

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	3329
mandatory prison term is imposed upon an offender pursuant to	3330
division (D)(1)(a) of this section for having a firearm on or	3331
about the offender's person or under the offender's control while	3332
committing a felony, if a mandatory prison term is imposed upon an	3333
offender pursuant to division (D)(1)(c) of this section for	3334
committing a felony specified in that division by discharging a	3335
firearm from a motor vehicle, or if both types of mandatory prison	3336
terms are imposed, the offender shall serve any mandatory prison	3337
term imposed under either division consecutively to any other	3338
mandatory prison term imposed under either division or under	3339
division (D)(1)(d) of this section, consecutively to and prior to	3340
any prison term imposed for the underlying felony pursuant to	3341
division (A), (D)(2), or (D)(3) of this section or any other	3342
section of the Revised Code, and consecutively to any other prison	3343
term or mandatory prison term previously or subsequently imposed	3344
upon the offender.	3345

(b) If a mandatory prison term is imposed upon an offender	3346
pursuant to division (D)(1)(d) of this section for wearing or	3347
carrying body armor while committing an offense of violence that	3348
is a felony, the offender shall serve the mandatory term so	3349
imposed consecutively to any other mandatory prison term imposed	3350
under that division or under division (D)(1)(a) or (c) of this	3351
section, consecutively to and prior to any prison term imposed for	3352
the underlying felony under division (A), (D)(2), or (D)(3) of	3353
this section or any other section of the Revised Code, and	3354
consecutively to any other prison term or mandatory prison term	3355
previously or subsequently imposed upon the offender.	3356

(c) If a mandatory prison term is imposed upon an offender	3357
pursuant to division (D)(1)(f) of this section, the offender shall	3358
serve the mandatory prison term so imposed consecutively to and	3359
prior to any prison term imposed for the underlying felony under	3360
division (A), (D)(2), or (D)(3) of this section or any other	3361
section of the Revised Code, and consecutively to any other prison	3362
term or mandatory prison term previously or subsequently imposed	3363
upon the offender.	3364

(2) If an offender who is an inmate in a jail, prison, or	3365
other residential detention facility violates section 2917.02,	3366
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3367
who is under detention at a detention facility commits a felony	3368
violation of section 2923.131 of the Revised Code, or if an	3369
offender who is an inmate in a jail, prison, or other residential	3370
detention facility or is under detention at a detention facility	3371
commits another felony while the offender is an escapee in	3372
violation of section 2921.34 of the Revised Code, any prison term	3373
imposed upon the offender for one of those violations shall be	3374
served by the offender consecutively to the prison term or term of	3375
imprisonment the offender was serving when the offender committed	3376
that offense and to any other prison term previously or	3377
subsequently imposed upon the offender.	3378

(3) If a prison term is imposed for a violation of division	3379
(B) of section 2911.01 of the Revised Code, a violation of	3380
division (A) of section 2913.02 of the Revised Code in which the	3381
stolen property is a firearm or dangerous ordnance, or if a prison	3382
term is imposed for a felony violation of division (B) of section	3383
2921.331 of the Revised Code, the offender shall serve that prison	3384
term consecutively to any other prison term or mandatory prison	3385
term previously or subsequently imposed upon the offender.	3386

(4) If multiple prison terms are imposed on an offender for	3387
convictions of multiple offenses, the court may require the	3388
offender to serve the prison terms consecutively if the court	3389
finds that the consecutive service is necessary to protect the	3390
public from future crime or to punish the offender and that	3391
consecutive sentences are not disproportionate to the seriousness	3392
of the offender's conduct and to the danger the offender poses to	3393
the public, and if the court also finds any of the following:	3394

(a) The offender committed one or more of the multiple	3395
offenses while the offender was awaiting trial or sentencing, was	3396
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3397
2929.18 of the Revised Code, or was under post-release control for	3398
a prior offense.	3399

(b) At least two of the multiple offenses were committed as	3400
part of one or more courses of conduct, and the harm caused by two	3401
or more of the multiple offenses so committed was so great or	3402
unusual that no single prison term for any of the offenses	3403
committed as part of any of the courses of conduct adequately	3404
reflects the seriousness of the offender's conduct.	3405

(c) The offender's history of criminal conduct demonstrates	3406
that consecutive sentences are necessary to protect the public	3407
from future crime by the offender.	3408

(5) When consecutive prison terms are imposed pursuant to	3409
division (E)(1), (2), (3), or (4) of this section, the term to be	3410
served is the aggregate of all of the terms so imposed.	3411

(F) If a court imposes a prison term of a type described in	3412
division (B) of section 2967.28 of the Revised Code, it shall	3413
include in the sentence a requirement that the offender be subject	3414
to a period of post-release control after the offender's release	3415
from imprisonment, in accordance with that division. If a court	3416
imposes a prison term of a type described in division (C) of that	3417
section, it shall include in the sentence a requirement that the	3418
offender be subject to a period of post-release control after the	3419
offender's release from imprisonment, in accordance with that	3420
division, if the parole board determines that a period of	3421
post-release control is necessary.	3422

(G) If a person is convicted of or pleads guilty to a	3423
sexually violent offense and also is convicted of or pleads guilty	3424
to a sexually violent predator specification that was included in	3425
the indictment, count in the indictment, or information charging	3426
that offense, the court shall impose sentence upon the offender in	3427
accordance with section 2971.03 of the Revised Code, and Chapter	3428
2971. of the Revised Code applies regarding the prison term or	3429
term of life imprisonment without parole imposed upon the offender	3430
and the service of that term of imprisonment.	3431

(H) If a person who has been convicted of or pleaded guilty	3432
to a felony is sentenced to a prison term or term of imprisonment	3433
under this section, sections 2929.02 to 2929.06 of the Revised	3434
Code, section 2971.03 of the Revised Code, or any other provision	3435
of law, section 5120.163 of the Revised Code applies regarding the	3436
person while the person is confined in a state correctional	3437
institution.	3438

(I) If an offender who is convicted of or pleads guilty to a	3439
felony that is an offense of violence also is convicted of or	3440
pleads guilty to a specification of the type described in section	3441
2941.142 of the Revised Code that charges the offender with having	3442
committed the felony while participating in a criminal gang, the	3443
court shall impose upon the offender an additional prison term of	3444
one, two, or three years.	3445

(J) If an offender who is convicted of or pleads guilty to	3446
aggravated murder, murder, or a felony of the first, second, or	3447
third degree that is an offense of violence also is convicted of	3448
or pleads guilty to a specification of the type described in	3449
section 2941.143 of the Revised Code that charges the offender	3450
with having committed the offense in a school safety zone or	3451
towards a person in a school safety zone, the court shall impose	3452
upon the offender an additional prison term of two years. The	3453
offender shall serve the additional two years consecutively to and	3454
prior to the prison term imposed for the underlying offense.	3455

(K) At the time of sentencing, the court may recommend the	3456
offender for placement in a program of shock incarceration under	3457
section 5120.031 of the Revised Code or for placement in an	3458
intensive program prison under section 5120.032 of the Revised	3459
Code, disapprove placement of the offender in a program of shock	3460
incarceration or an intensive program prison of that nature, or	3461
make no recommendation on placement of the offender. In no case	3462
shall the department of rehabilitation and correction place the	3463
offender in a program or prison of that nature unless the	3464
department determines as specified in section 5120.031 or 5120.032	3465
of the Revised Code, whichever is applicable, that the offender is	3466
eligible for the placement.	3467

If the court disapproves placement of the offender in a	3468
program or prison of that nature, the department of rehabilitation	3469
and correction shall not place the offender in any program of	3470
shock incarceration or intensive program prison.	3471

If the court recommends placement of the offender in a	3472
program of shock incarceration or in an intensive program prison,	3473
and if the offender is subsequently placed in the recommended	3474
program or prison, the department shall notify the court of the	3475
placement and shall include with the notice a brief description of	3476
the placement.	3477

If the court recommends placement of the offender in a	3478
program of shock incarceration or in an intensive program prison	3479
and the department does not subsequently place the offender in the	3480
recommended program or prison, the department shall send a notice	3481
to the court indicating why the offender was not placed in the	3482
recommended program or prison.	3483

If the court does not make a recommendation under this	3484
division with respect to an offender and if the department	3485
determines as specified in section 5120.031 or 5120.032 of the	3486
Revised Code, whichever is applicable, that the offender is	3487
eligible for placement in a program or prison of that nature, the	3488
department shall screen the offender and determine if there is an	3489
available program of shock incarceration or an intensive program	3490
prison for which the offender is suited. If there is an available	3491
program of shock incarceration or an intensive program prison for	3492
which the offender is suited, the department shall notify the	3493
court of the proposed placement of the offender as specified in	3494
section 5120.031 or 5120.032 of the Revised Code and shall include	3495
with the notice a brief description of the placement. The court	3496
shall have ten days from receipt of the notice to disapprove the	3497
placement.	3498

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	3499
of the Revised Code, a first offender may apply to the sentencing	3500
court if convicted in this state, or to a court of common pleas if	3501
convicted in another state or in a federal court, for the sealing	3502
of the conviction record. Application may be made at the	3503
expiration of three years after the offender's final discharge if	3504
convicted of a felony, or at the expiration of one year after the	3505
offender's final discharge if convicted of a misdemeanor.	3506

(2) Any person who has been arrested for any misdemeanor	3507
offense and who has effected a bail forfeiture may apply to the	3508
court in which the misdemeanor criminal case was pending when bail	3509
was forfeited for the sealing of the record of the case. Except as	3510
provided in section 2953.61 of the Revised Code, the application	3511
may be filed at any time after the expiration of one year from the	3512
date on which the bail forfeiture was entered upon the minutes of	3513
the court or the journal, whichever entry occurs first.	3514

(B) Upon the filing of an application under this section, the	3515
court shall set a date for a hearing and shall notify the	3516
prosecutor for the case of the hearing on the application. The	3517
prosecutor may object to the granting of the application by filing	3518
an objection with the court prior to the date set for the hearing.	3519
The prosecutor shall specify in the objection the reasons for	3520
believing a denial of the application is justified. The court	3521
shall direct its regular probation officer, a state probation	3522
officer, or the department of probation of the county in which the	3523
applicant resides to make inquiries and written reports as the	3524
court requires concerning the applicant.	3525

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

3526

(a) Determine whether the applicant is a first offender or	3527
whether the forfeiture of bail was agreed to by the applicant and	3528
the prosecutor in the case. If the applicant applies as a first	3529
offender pursuant to division (A)(1) of this section and has two	3530
or three convictions that result from the same indictment,	3531
information, or complaint, from the same plea of guilty, or from	3532
the same official proceeding, and result from related criminal	3533
acts that were committed within a three-month period but do not	3534
result from the same act or from offenses committed at the same	3535
time, in making its determination under this division, the court	3536
initially shall determine whether it is not in the public interest	3537
for the two or three convictions to be counted as one conviction.	3538
If the court determines that it is not in the public interest for	3539
the two or three convictions to be counted as one conviction, the	3540
court shall determine that the applicant is not a first offender;	3541
if the court does not make that determination, the court shall	3542
determine that the offender is a first offender.	3543

(b) Determine whether criminal proceedings are pending	3544
against the applicant;	3545

(c) If the applicant is a first offender who applies pursuant	3546
to division (A)(1) of this section, determine whether the	3547
applicant has been rehabilitated to the satisfaction of the court;	3548

(d) If the prosecutor has filed an objection in accordance	3549
with division (B) of this section, consider the reasons against	3550
granting the application specified by the prosecutor in the	3551
objection;	3552

(e) Weigh the interests of the applicant in having the	3553
records pertaining to the applicant's conviction sealed against	3554
the legitimate needs, if any, of the government to maintain those	3555
records.	3556

(2) If the court determines, after complying with division	3557
(C)(1) of this section, that the applicant is a first offender or	3558
the subject of a bail forfeiture, that no criminal proceeding is	3559
pending against the applicant, and that the interests of the	3560
applicant in having the records pertaining to the applicant's	3561
conviction or bail forfeiture sealed are not outweighed by any	3562
legitimate governmental needs to maintain those records, and that	3563
the rehabilitation of an applicant who is a first offender	3564
applying pursuant to division (A)(1) of this section has been	3565
attained to the satisfaction of the court, the court, except as	3566
provided in division (G) of this section, shall order all official	3567
records pertaining to the case sealed and, except as provided in	3568
division (F) of this section, all index references to the case	3569
deleted and, in the case of bail forfeitures, shall dismiss the	3570
charges in the case. The proceedings in the case shall be	3571
considered not to have occurred and the conviction or bail	3572
forfeiture of the person who is the subject of the proceedings	3573
shall be sealed, except that upon conviction of a subsequent	3574
offense, the sealed record of prior conviction or bail forfeiture	3575
may be considered by the court in determining the sentence or	3576
other appropriate disposition, including the relief provided for	3577
in sections 2953.31 to 2953.33 of the Revised Code.	3578

(3) Upon the filing of an application under this section, the	3579
applicant, unless indigent, shall pay a fee of fifty dollars. The	3580
court shall pay thirty dollars of the fee into the state treasury.	3581
It shall pay twenty dollars of the fee into the county general	3582
revenue fund if the sealed conviction or bail forfeiture was	3583
pursuant to a state statute, or into the general revenue fund of	3584
the municipal corporation involved if the sealed conviction or	3585
bail forfeiture was pursuant to a municipal ordinance.	3586

(D) Inspection of the sealed records included in the order	3587
may be made only by the following persons or for the following	3588
purposes:	3589

(1) By a law enforcement officer or prosecutor, or the	3590
assistants of either, to determine whether the nature and	3591
character of the offense with which a person is to be charged	3592
would be affected by virtue of the person's previously having been	3593
convicted of a crime;	3594

(2) By the parole or probation officer of the person who is	3595
the subject of the records, for the exclusive use of the officer	3596
in supervising the person while on parole or under a community	3597
control sanction or a post-release control sanction, and in making	3598
inquiries and written reports as requested by the court or adult	3599
parole authority;	3600

(3) Upon application by the person who is the subject of the	3601
records, by the persons named in the application;	3602

(4) By a law enforcement officer who was involved in the	3603
case, for use in the officer's defense of a civil action arising	3604
out of the officer's involvement in that case;	3605

(5) By a prosecuting attorney or the prosecuting attorney's	3606
assistants, to determine a defendant's eligibility to enter a	3607
pre-trial diversion program established pursuant to section	3608
2935.36 of the Revised Code;	3609

(6) By any law enforcement agency or any authorized employee	3610
of a law enforcement agency or by the department of rehabilitation	3611
and correction as part of a background investigation of a person	3612
who applies for employment with the agency as a law enforcement	3613
officer or with the department as a corrections officer;	3614

(7) By any law enforcement agency or any authorized employee	3615
of a law enforcement agency, for the purposes set forth in, and in	3616
the manner provided in, section 2953.321 of the Revised Code;	3617

(8) By the bureau of criminal identification and	3618
investigation or any authorized employee of the bureau for the	3619
purpose of providing information to a board or person pursuant to	3620
division (F) or (G) of section 109.57 of the Revised Code;	3621

(9) By the bureau of criminal identification and	3622
investigation or any authorized employee of the bureau for the	3623
purpose of performing a criminal history records check on a person	3624
to whom a certificate as prescribed in section 109.77 of the	3625
Revised Code is to be awarded;	3626

(10) By the bureau of criminal identification and	3627
investigation, an authorized employee of the bureau, a sheriff, or	3628
an authorized employee of a sheriff in connection with a criminal	3629
records check described in section 311.41 of the Revised Code.	3630

When the nature and character of the offense with which a	3631
person is to be charged would be affected by the information, it	3632
may be used for the purpose of charging the person with an	3633
offense.	3634

(E) In any criminal proceeding, proof of any otherwise	3635
admissible prior conviction may be introduced and proved,	3636
notwithstanding the fact that for any such prior conviction an	3637
order of sealing previously was issued pursuant to sections	3638
2953.31 to 2953.36 of the Revised Code.	3639

(F) The person or governmental agency, office, or department	3640
that maintains sealed records pertaining to convictions or bail	3641
forfeitures that have been sealed pursuant to this section may	3642
maintain a manual or computerized index to the sealed records. The	3643
index shall contain only the name of, and alphanumeric identifiers	3644
that relate to, the persons who are the subject of the sealed	3645
records, the word "sealed," and the name of the person, agency,	3646
office, or department that has custody of the sealed records, and	3647
shall not contain the name of the crime committed. The index shall	3648
be made available by the person who has custody of the sealed	3649
records only for the purposes set forth in divisions (C), (D), and	3650
(E) of this section.	3651

(G) Notwithstanding any provision of this section or section	3652
2953.33 of the Revised Code that requires otherwise, a board of	3653
education of a city, local, exempted village, or joint vocational	3654
school district that maintains records of an individual who has	3655
been permanently excluded under sections 3301.121 and 3313.662 of	3656
the Revised Code is permitted to maintain records regarding a	3657
conviction that was used as the basis for the individual's	3658
permanent exclusion, regardless of a court order to seal the	3659
record. An order issued under this section to seal the record of a	3660
conviction does not revoke the adjudication order of the	3661
superintendent of public instruction to permanently exclude the	3662
individual who is the subject of the sealing order. An order	3663
issued under this section to seal the record of a conviction of an	3664
individual may be presented to a district superintendent as	3665
evidence to support the contention that the superintendent should	3666
recommend that the permanent exclusion of the individual who is	3667
the subject of the sealing order be revoked. Except as otherwise	3668
authorized by this division and sections 3301.121 and 3313.662 of	3669
the Revised Code, any school employee in possession of or having	3670
access to the sealed conviction records of an individual that were	3671
the basis of a permanent exclusion of the individual is subject to	3672
section 2953.35 of the Revised Code.	3673

Section 4. That existing versions of sections 2923.122,	3674
2929.14, and 2953.32 of the Revised Code that are scheduled to	3675
take effect January 1, 2004, are hereby repealed.	3676

Section 5. Sections 3 and 4 of this act shall take effect on	3677
January 1, 2004.	3678

Section 6.  In amending sections 1547.69, 2911.21, 2921.13,	3679
2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and	3680
4749.10 of the Revised Code and in enacting sections 109.69,	3681
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised	3682
Code in this act, the General Assembly hereby declares its intent	3683
to recognize both of the following:	3684

(A) The inalienable and fundamental right of an individual to	3685
defend the individual's person and the members of the individual's	3686
family;	3687

(B) The fact that the right described in division (A) of this	3688
section predates the adoption of the United States Constitution,	3689
the adoption of the Ohio Constitution, and the enactment of all	3690
statutory laws by the General Assembly and may not be infringed by	3691
any enactment of the General Assembly.	3692

Section 7.  In enacting sections 109.69, 109.731, 311.41,	3694
311.42, and 2923.124 to 2923.1212 of the Revised Code in this act	3695
and in amending sections 1547.69, 2911.21, 2921.13, 2923.12,	3696
2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the	3697
Revised Code in this act relative to licenses to carry a concealed	3698
handgun, the General Assembly hereby declares that it is not its	3699
intent to declare or otherwise give the impression that, prior to	3700
the effective date of this act, an individual did not have an	3701
inalienable and fundamental right, or a right under the Ohio	3702
Constitution or the United States Constitution, to carry a	3703
concealed handgun or other firearm for the defense of the	3704
individual's person or a member of the individual's family while	3705
engaged in lawful activity. Further, the General Assembly declares	3706
that it is not its intent to invalidate any prior convictions for	3707
violating any section of the Revised Code or a municipal ordinance	3708
prior to the effective date of this act or to prevent the	3709
prosecution of any violation committed prior to the effective date	3710
of this act.	3711

Section 8.  Within thirty days after the effective date of	3712
this act, the Ohio Peace Officer Training Commission shall submit	3713
the rules required under section 109.731 of the Revised Code to	3714
the Joint Committee on Agency Rule Review. Within thirty days	3715
after those rules take effect, the Commission shall prepare and	3716
make available to the sheriffs of this state the application and	3717
license forms described in division (A) of section 109.731 of the	3718
Revised Code and the pamphlet described in division (B) of that	3719
section and shall prescribe the license fee described in division	3720
(C) of that section. The Commission shall submit its first annual	3721
statistical report described in division (D) of that section not	3722
later than fifteen months after the effective date of this act.	3723

Section 9. The General Assembly finds that licenses to carry	3724
concealed handguns are a matter of statewide concern and wishes to	3725
ensure uniformity throughout the state regarding the	3726
qualifications for a person to hold a license to carry a concealed	3727
handgun and the authority granted to a person holding a license of	3728
that nature. It is the intent of the General Assembly in amending	3729
sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123,	3730
2923.16, 2953.32, and 4749.10 and enacting sections 109.69,	3731
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised	3732
Code to enact laws of a general nature, and, by enacting those	3733
laws of a general nature, the state occupies and preempts the	3734
field of issuing licenses to carry a concealed handgun and the	3735
validity of licenses of that nature. No municipal corporation may	3736
adopt or continue in existence any ordinance, and no township may	3737
adopt or continue in existence any resolution, that is in conflict	3738
with those sections, including, but not limited to, any ordinance	3739
or resolution that attempts to restrict the places where a person	3740
possessing a valid license to carry a concealed handgun may carry	3741
a handgun concealed.	3742

Section 10. If any provision of sections 1547.69, 2911.21,	3743
2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14,	3744
2953.32, and 4749.10 of the Revised Code, as amended by this act,	3745
any provision of sections 109.69, 109.731, 311.41, 311.42,	3746
2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129,	3747
2923.1210, 2923.1211, and 2923.1212 of the Revised Code, as	3748
enacted by this act, or the application of any provision of those	3749
sections to any person or circumstance is held invalid, the	3750
invalidity does not affect other provisions or applications of the	3751
particular section or related sections that can be given effect	3752
without the invalid provision or application, and to this end the	3753
provisions of the particular section are severable.	3754

Section 11. (A) Section 2929.14 of the Revised Code,	3755
effective until January 1, 2004, is presented in Section 1 of this	3756
act as a composite of the section as amended by Sub. H.B. 130, Am.	3757
Sub. H.B. 327, and Sub. H.B. 485 of the 124th General Assembly.	3758
The General Assembly, applying the principle stated in division	3759
(B) of section 1.52 of the Revised Code that amendments are to be	3760
harmonized if reasonably capable of simultaneous operation, finds	3761
that the composite is the resulting version of the section in	3762
effect prior to the effective date of the section as presented in	3763
Section 1 of this act.	3764

(B) Section 2929.14 of the Revised Code, effective on January	3765
1, 2004, is presented in Section 3 of this act as a composite of	3766
the section as amended by Sub. H.B. 130, Am. Sub. H.B. 327, Sub.	3767
H.B. 485, and Am. Sub. S.B. 123 of the 124th General Assembly. The	3768
General Assembly, applying the principle stated in division (B) of	3769
section 1.52 of the Revised Code that amendments are to be	3770
harmonized if reasonably capable of simultaneous operation, finds	3771
that the composite is the resulting version of the section in	3772
effect prior to the effective date of the section as presented in	3773
Section 3 of this act.	3774