Section 1. That sections 109.731, 109.801, 311.41, 1547.69, | 18 |
2923.12, 2923.121, 2923.122, 2923.123, 2923.125, 2923.126, | 19 |
2923.127, 2923.128, 2923.1210, 2923.1213, and 2923.16 be amended | 20 |
and section 9.68 of the Revised Code be enacted to read as | 21 |
follows: | 22 |
Sec. 9.68. (A) The individual right to keep and bear arms, | 23 |
being a fundamental individual right that predates the United | 24 |
States Constitution and Ohio Constitution, and being a | 25 |
constitutionally protected right in every part of Ohio, the | 26 |
general assembly finds the need to provide uniform laws throughout | 27 |
the state regulating the ownership, possession, purchase, other | 28 |
acquisition, transport, storage, carrying, sale, or other transfer | 29 |
of firearms, their components, and their ammunition. Except as | 30 |
specifically provided by the United States Constitution, Ohio | 31 |
Constitution, state law, or federal law, a person, without further | 32 |
license, permission, restriction, delay, or process, may own, | 33 |
possess, purchase, sell, transfer, transport, store, or keep any | 34 |
firearm, part of a firearm, its components, and its ammunition. | 35 |
(1) The possession, transporting, or carrying of firearms, | 41 |
their components, or their ammunition include, but are not limited | 42 |
to, the possession, transporting, or carrying, openly or concealed | 43 |
on a person's person or concealed ready at hand, of firearms, | 44 |
their components, or their ammunition. | 45 |
(2) A zoning ordinance that specifies the hours of operation | 52 |
or the geographic areas where the commercial sale of firearms, | 53 |
firearm components, or ammunition for firearms may occur, provided | 54 |
that the zoning ordinance is consistent with zoning ordinances for | 55 |
other retail establishments in the same geographic area and does | 56 |
not result in a de facto prohibition of the commercial sale of | 57 |
firearms, firearm components, or ammunition for firearms in areas | 58 |
zoned for commercial, retail, or industrial uses. | 59 |
(4) A procedure by which a sheriff shall give each license, | 91 |
replacement license, or renewal license to carry a concealed | 92 |
handgun and each temporary emergency license or replacement | 93 |
temporary emergency license to carry a concealed handgun the | 94 |
sheriff issues under section 2923.125 or 2923.1213 of the Revised | 95 |
Code a unique combination of letters and numbers that identifies | 96 |
the county in which the license or temporary emergency license was | 97 |
issued and that uses the county code and a unique number for each | 98 |
license and each temporary emergency license the sheriff of that | 99 |
county issues; | 100 |
(2) The attorney general shall consult with and assist the | 121 |
commission in the preparation of the pamphlet described in | 122 |
division (B)(1) of this section and, as necessary, shall recommend | 123 |
to the commission changes in the pamphlet to reflect changes in | 124 |
the law that are relevant to it. The commission
shall make copies | 125 |
of the pamphlet available to any person, public entity, or private | 126 |
entity that operates or teaches a training course, class, or | 127 |
program described in division (B)(3)(a), (b), (c), and (e) of | 128 |
section 2923.125 of the Revised Code and requests copies for | 129 |
distribution to persons who take the course, class, or program, | 130 |
and to sheriffs
for distribution
to
applicants under section | 131 |
2923.125 of the
Revised Code for a license to carry a concealed | 132 |
handgun and
applicants under that section for the
renewal of a | 133 |
license to
carry a concealed handgun. | 134 |
(b) For an applicant who has been a resident of this state | 145 |
for less than five years,. The prescribed fee shall be an amount | 146 |
that shall consist of the actual cost of having a criminal | 147 |
background check performed by the federal bureau of investigation, | 148 |
if one is so performed as provided in section 311.41 of the | 149 |
Revised Code, plus the lesser of the actual cost of issuing the | 150 |
license, including, but not limited to, the cost of conducting the | 151 |
criminal records check, or whichever of the following is | 152 |
applicable: | 153 |
(D) The Ohio peace officer training commission shall
maintain | 166 |
statistics with respect to
the issuance, renewal,
suspension, | 167 |
revocation, and denial of licenses to carry
a
concealed handgun | 168 |
and the suspension of processing of applications for those | 169 |
licenses, and with respect to the issuance, suspension, | 170 |
revocation, and denial of temporary emergency licenses to carry a | 171 |
concealed handgun, as
reported by the sheriffs pursuant to | 172 |
division (C) of
section 2923.129
of the Revised Code. Not later | 173 |
than the
first
day
of March in each year, the commission shall | 174 |
submit a
statistical
report to the governor, the president of the | 175 |
senate,
and
the
speaker of the house of representatives indicating | 176 |
the
number of
licenses to carry a concealed handgun that were | 177 |
issued, renewed, suspended,
revoked, and
denied in the
previous | 178 |
calendar year, the number
of
applications for those licenses
for | 179 |
which processing was
suspended
in accordance with division (D)(3) | 180 |
of
section 2923.125
of the
Revised
Code in the previous calendar | 181 |
year, and the number of temporary emergency licenses to carry a | 182 |
concealed handgun that were issued, suspended, revoked, or denied | 183 |
in the previous calendar year. Nothing in the statistics or the | 184 |
statistical report shall identify, or enable the identification | 185 |
of, any individual who was issued or denied a license, for whom a | 186 |
license was renewed, whose license was suspended or revoked, or | 187 |
for whom application processing was suspended. The statistics and | 188 |
the statistical report are public records for the purpose of | 189 |
section 149.43 of the Revised Code. | 190 |
Sec. 109.801. (A)(1) Each year, any of the following persons | 193 |
who are authorized to carry firearms in the course of their | 194 |
official duties
shall
complete successfully a firearms | 195 |
requalification program
approved
by the executive director of the | 196 |
Ohio peace officer
training
commission in accordance with rules | 197 |
adopted by
the attorney
general pursuant to section 109.743 of the | 198 |
Revised Code: any peace officer, as defined in section 109.71 of | 199 |
the Revised Code,
sheriff, deputy sheriff, marshal, deputy | 200 |
marshal, township
constable, chief of police or member of an | 201 |
organized police
department of a municipal corporation or | 202 |
township, chief of
police
or member of a township police district | 203 |
police force,
superintendent of the state highway patrol, state | 204 |
highway patrol
trooper, special police officer of the state | 205 |
highway patrol
designated under section 5503.09 of the Revised | 206 |
Code, enforcement
agent employed under section 5502.14 of the | 207 |
Revised Code, or chief of police of a university or college police | 208 |
department or state university law enforcement officer appointed | 209 |
under section 3345.04 of the Revised Code; any parole or
probation | 210 |
officer who carries a firearm in the course of official
duties; | 211 |
any employee of the department of natural
resources who is
a | 212 |
natural resources law enforcement staff officer, park officer, | 213 |
forest officer, preserve officer, wildlife
officer, or state | 214 |
watercraft officer who carries a firearm in the
course of official | 215 |
duties; the house of representatives sergeant at arms if the house | 216 |
of representatives sergeant at arms
has arrest authority pursuant | 217 |
to division (E)(1) of
section
101.311 of the Revised Code; any | 218 |
assistant house of representatives sergeant at arms;
any
employee | 219 |
of the department of
youth services who is
designated pursuant to | 220 |
division (A)(2) of
section 5139.53 of the
Revised Code as being | 221 |
authorized to carry a firearm
while on duty
as
described in that | 222 |
division; or a special police officer
employed by a municipal | 223 |
corporation at a municipal airport or
other municipal air | 224 |
navigation facility described in division
(A)(19) of section | 225 |
109.71 of the Revised Codeor an investigator, as defined in | 226 |
section 109.541 of the Revised Code, of the bureau of criminal | 227 |
identification and investigation who is commissioned by the | 228 |
superintendent of the bureau as a special agent. | 229 |
Sec. 311.41. (A)(1) Upon receipt of an application for a | 240 |
license to carry a concealed handgun under division (C) of section | 241 |
2923.125 of the Revised Code, an application to renew a license
to | 242 |
carry a concealed handgun under division (F) of that section, or | 243 |
an application for a temporary emergency license to carry a | 244 |
concealed handgun under section 2923.1213 of the Revised Code,
the | 245 |
sheriff shall conduct a criminal records check and an incompetency | 246 |
check of
the
applicant to determine whether the applicant fails to | 247 |
meet the
criteria described in division (D)(1) of section 2923.125 | 248 |
of the
Revised Code. The sheriff shall conduct the criminal | 249 |
records check and the incompetency records check required by this | 250 |
division through use of an electronic fingerprint reading device | 251 |
or, if the sheriff does not possess and does not have ready access | 252 |
to the use of an electronic fingerprint reading device, by | 253 |
requesting the bureau of criminal identification and investigation | 254 |
to conduct the checks as described in this division. In | 255 |
In order to conduct
the criminal records check and the | 256 |
incompetency records check, the sheriff shall
obtain the | 257 |
fingerprints of
not more than four fingers of the applicant by | 258 |
using an
electronic fingerprint reading device for the purpose of | 259 |
conducting the criminal records check and the incompetency records | 260 |
check or, if the sheriff does not possess and does not have ready | 261 |
access to the use of an electronic fingerprint reading device, | 262 |
shall obtain from the applicant a completed standard fingerprint | 263 |
impression sheet prescribed pursuant to division (C)(2) of section | 264 |
109.572 of the Revised Code. The fingerprints so obtained, along | 265 |
with the applicant's social security number, shall be used to | 266 |
conduct the criminal records check and the incompetency records | 267 |
check. If the sheriff does not use an electronic fingerprint | 268 |
reading device to obtain the fingerprints and conduct the records | 269 |
checks, the sheriff shall submit the completed standard | 270 |
fingerprint impression sheet of the applicant, along with the | 271 |
applicant's social security number, to the superintendent of the | 272 |
bureau of criminal identification and investigation and shall | 273 |
request the bureau to conduct the criminal records check and the | 274 |
incompetency records check of the applicant and, if necessary, | 275 |
shall request the superintendent of the bureau to obtain | 276 |
information from the federal bureau of investigation as part of | 277 |
the criminal records check for the applicant. Upon receipt of the | 278 |
request, as part of the criminal records check for the applicant, | 279 |
the superintendent of the bureau of criminal identification and | 280 |
investigation shall request from the federal bureau of | 281 |
investigation any information the federal bureau has with respect | 282 |
to the applicant and shall review or cause to be reviewed, as | 283 |
described in division (B) of section 109.572 of the Revised Code, | 284 |
any information the superintendent receives. If it is not possible | 285 |
to use an electronic fingerprint reading device to conduct an | 286 |
incompetency records check, the sheriff shall submit the completed | 287 |
standard fingerprint impression sheet of the applicant, along with | 288 |
the applicant's social security number, to the superintendent of | 289 |
the bureau of criminal identification and investigation and shall | 290 |
request the bureau to conduct the incompetency records check. The | 291 |
sheriff shall not retain the applicant's fingerprints as part of | 292 |
the application. | 293 |
(2) Except as otherwise provided in this division, if at any | 294 |
time the applicant decides not to continue with the application | 295 |
process, the sheriff immediately shall cease any investigation | 296 |
that is being conducted under division (A)(1) of this
section. The | 297 |
sheriff shall not cease that investigation if, at the time of the | 298 |
applicant's decision not to continue
with the application process, | 299 |
the sheriff had determined from any
of the sheriff's | 300 |
investigations that the applicant then was
engaged in activity of | 301 |
a criminal nature. | 302 |
(B) If a criminal records check and an incompetency records | 303 |
check conducted under
division
(A) of this section do not indicate | 304 |
that the applicant fails to
meet
the criteria
described in | 305 |
division (D)(1) of section 2923.125
of
the Revised
Code, except as | 306 |
otherwise provided in this division, the sheriff shall destroy or | 307 |
cause a
designated
employee to
destroy all records other than the | 308 |
application for a
license to
carry a concealed handgun, the | 309 |
application to renew a
license to
carry a concealed handgun, or | 310 |
the affidavit submitted regarding an application for a temporary | 311 |
emergency license to carry a concealed handgun that
were made in | 312 |
connection
with the
criminal
records check and incompetency | 313 |
records check within
twenty days after
conducting the
criminal | 314 |
records check and incompetency records check. If an applicant | 315 |
appeals a denial of an application as described in division (D) | 316 |
(2) of section 2923.125 of the Revised Code or challenges the | 317 |
results of a criminal records check pursuant to section 2923.127 | 318 |
of the Revised Code, records of fingerprints of the applicant | 319 |
shall not be destroyed during the pendency of the appeal or the | 320 |
challenge and review. When an applicant appeals a denial as | 321 |
described in that division, the twenty-day period described in | 322 |
this division commences regarding the fingerprints upon the | 323 |
determination of the appeal. When
required as a result of a | 324 |
challenge and review performed pursuant to section
2923.127 of the | 325 |
Revised
Code, the source the
sheriff used in
conducting the | 326 |
criminal records check shall
destroy or the chief
operating | 327 |
officer of the source shall cause
an employee of the
source | 328 |
designated by the chief to
destroy all
records other than
the | 329 |
application for a license to carry a
concealed handgun, the | 330 |
application to renew a license to carry a
concealed handgun, or | 331 |
the affidavit submitted regarding an application for a temporary | 332 |
emergency license to carry a concealed handgun that
were made in | 333 |
connection with the criminal
records check within twenty days | 334 |
after completion of that challenge and review. | 335 |
(C) If division (B) of this section applies to a particular | 336 |
criminal records check or incompetency records check, no sheriff, | 337 |
employee of a sheriff
designated by the sheriff to destroy records | 338 |
under that division,
source the sheriff used in conducting the | 339 |
criminal records
check or incompetency records check,
or employee | 340 |
of the source designated by the
chief operating
officer of the | 341 |
source to destroy records under that division shall
fail
to | 342 |
destroy or cause to be destroyed within the applicable
twenty-day | 343 |
period specified in that division all records other
than the | 344 |
application for a license to carry a concealed handgun,
the | 345 |
application to renew a license to carry a concealed handgun, or | 346 |
the affidavit submitted regarding an application for a temporary | 347 |
emergency license to carry a concealed handgun
made in
connection | 348 |
with the particular criminal records check or incompetency records | 349 |
check. | 350 |
(E)(1) The affirmative defenses
authorized in
divisions | 372 |
(D)(1)
and (2) of section 2923.12 of the
Revised Code are | 373 |
affirmative
defenses to a charge under division
(C) or (D) of this | 374 |
section that involves a firearm other than a handgun. It is an | 375 |
affirmative defense to a charge under division (C) or (D) of this | 376 |
section of transporting or having a firearm of any type, including | 377 |
a handgun, in a vessel that the actor transported or had the | 378 |
firearm in the vessel for any lawful purpose and while the vessel | 379 |
was on the actor's own property, provided that this affirmative | 380 |
defense is not available unless the actor, prior to arriving at | 381 |
the vessel on the actor's own property, did not transport or | 382 |
possess the firearm in the vessel or in a motor vehicle in a | 383 |
manner prohibited by this section or division (B) or (C) of | 384 |
section 2923.16 of the Revised Code while the vessel was being | 385 |
operated on a waterway that was not on the actor's own property or | 386 |
while the motor vehicle was being operated on a street, highway, | 387 |
or other public or private property used by the public for | 388 |
vehicular traffic. | 389 |
(F) Divisions (B), (C), and (D) of this section do not
apply | 395 |
to the possession or discharge of a United States coast
guard | 396 |
approved signaling device required to be carried aboard a
vessel | 397 |
under section 1547.251 of the Revised Code when the
signaling | 398 |
device is possessed or used for the purpose of giving a
visual | 399 |
distress signal. No person shall knowingly transport or
possess | 400 |
any
signaling device
of that nature in or on a vessel in a
loaded | 401 |
condition at any time other than immediately prior to the | 402 |
discharge of the signaling device for the purpose of giving a | 403 |
visual distress signal. | 404 |
(H) This section does not apply to officers, agents, or | 407 |
employees of this or any other state or of the United States, or | 408 |
to law enforcement officers, when authorized to carry or have | 409 |
loaded or accessible firearms in a vessel and acting within the | 410 |
scope of their duties,
and this. This section does not apply to | 411 |
any person who is subject to and in compliance with the | 412 |
requirements of section 109.801 of the Revised Code, unless the | 413 |
appointing authority of the person has expressly specified that | 414 |
the exemption provided under this provision does not apply to the | 415 |
person. This section does not apply to
persons legally engaged in | 416 |
hunting.
Divisions (C) and
(D) of this
section do not
apply to a | 417 |
person who transports or possesses a
handgun in a
vessel and who, | 418 |
at the time of that transportation or
possession, is carrying a | 419 |
valid license or temporary emergency license to carry a concealed | 420 |
handgun issued to the person under section 2923.125 or 2923.1213 | 421 |
of the
Revised
Code or a license to carry a concealed handgun that | 422 |
was issued by another state with which the attorney general has | 423 |
entered into a reciprocity agreement under section 109.69 of the | 424 |
Revised Code, unless
the person
knowingly is in a place on the | 425 |
vessel
described in
division
(B) of section 2923.126 of the | 426 |
Revised
Code. | 427 |
(I) If a law enforcement officer stops a vessel for a | 428 |
violation of this section or any other law enforcement purpose, if | 429 |
any person on the vessel surrenders a firearm to the officer, | 430 |
either voluntarily or pursuant to a request or demand of the | 431 |
officer, and if the officer does not charge the person with a | 432 |
violation of this section or arrest the person for any offense, | 433 |
the person is not otherwise prohibited by law from possessing the | 434 |
firearm, and the firearm is not contraband, the officer shall | 435 |
return the firearm to the person at the termination of the stop. | 436 |
(B) No person who has been issued a license or temporary | 443 |
emergency license to carry a concealed handgun under section | 444 |
2923.125 or 2923.1213 of the Revised Code or a license to carry a | 445 |
concealed hangunhandgun that was issued by another state with | 446 |
which the attorney general has entered into a reciprocity | 447 |
agreement under section 109.69 of the Revised Code, who is stopped | 448 |
for a law enforcement purpose, and who is carrying a concealed | 449 |
handgun shall fail to promptly inform any law enforcement officer | 450 |
who approaches the person after the person has been stopped that | 451 |
the person has been issued a license or temporary emergency | 452 |
license to carry a concealed handgun and that the person then is | 453 |
carrying a concealed handgun. | 454 |
(C)(1) This section does not apply to officers, agents, or | 455 |
employees of this or any other state or the United States, or to | 456 |
law enforcement officers, authorized to carry concealed weapons
or | 457 |
dangerous ordnance and acting within the scope of their
duties. | 458 |
This section does not apply to any person who is subject to and in | 459 |
compliance with the requirements of section 109.801 of the Revised | 460 |
Code, unless the appointing authority of the person has expressly | 461 |
specified that the exemption provided under this provision does | 462 |
not apply to the person. | 463 |
(b) A
person who, at
the time of the
alleged carrying or | 470 |
possession of a handgun, is
carrying a valid
license or temporary | 471 |
emergency license to carry a
concealed handgun issued to
the | 472 |
person under
section
2923.125 or 2923.1213 of
the Revised
Code or | 473 |
a license to carry a concealed handgun that was issued by another | 474 |
state with which the attorney general has entered into a | 475 |
reciprocity agreement under section 109.69 of the Revised Code, | 476 |
unless the
person
knowingly
is in a place
described in division | 477 |
(B) of
section 2923.126 of the
Revised
Code. | 478 |
(E) It is an affirmative defense to a charge under division | 503 |
(A) of this section of carrying or having control of a handgun | 504 |
other than a dangerous ordnance that the actor was not otherwise | 505 |
prohibited by law from having the handgun and that the handgun was | 506 |
carried or kept ready at hand by the actor for any lawful purpose | 507 |
and while in the actor's own home, provided that this affirmative | 508 |
defense is not available unless the actor, prior to arriving at | 509 |
the actor's own home, did not transport or possess the handgun in | 510 |
a motor vehicle in a manner prohibited by division (B) or (C) of | 511 |
section 2923.16 of the Revised Code while the motor vehicle was | 512 |
being operated on a street, highway, or other public or private | 513 |
property used by the public for vehicular traffic. | 514 |
(G)(1) Whoever violates this
section is guilty of carrying | 520 |
concealed weapons. Except as otherwise provided in this division | 521 |
or division (G)(2) of this section, carrying concealed weapons in | 522 |
violation of division (A) of this section is a misdemeanor of the | 523 |
first degree. Except as otherwise provided in this division or | 524 |
division (G)(2) of this section, if the
offender previously has | 525 |
been convicted of a violation of this
section or of any offense of | 526 |
violence, if the weapon involved is a
firearm
that is
either | 527 |
loaded or for which the offender has
ammunition ready at
hand, or | 528 |
if the weapon involved is dangerous
ordnance,
carrying concealed | 529 |
weapons in violation of division (A) of this section is a felony | 530 |
of the
fourth
degree. Except as otherwise provided in division | 531 |
(G)(2) of this section, if the weapon involved is a firearm and | 532 |
the violation
of
this
section is committed at premises for which a | 533 |
D permit
has
been issued
under Chapter 4303. of the Revised
Code | 534 |
or if
the
offense is committed aboard an aircraft, or with purpose | 535 |
to
carry
a concealed weapon aboard an aircraft, regardless of the | 536 |
weapon
involved, carrying concealed weapons
in violation of | 537 |
division (A) of this section is a
felony of the
third degree. | 538 |
(2) If a person being arrested for a violation of division | 539 |
(A)(2) of this section promptly produces a valid license or | 540 |
temporary emergency license to carry a concealed handgun issued | 541 |
under section 2923.125 or 2923.1213 of the Revised Code or a | 542 |
license to carry a concealed handgun that was issued by another | 543 |
state with which the attorney general has entered into a | 544 |
reciprocity agreement under section 109.69 of the Revised Code, | 545 |
and if at the time of the violation the person was not knowingly | 546 |
in a place described in division (B) of section 2923.126 of the | 547 |
Revised Code, the officer shall not arrest the person for a | 548 |
violation of that division. If the person is not able to promptly | 549 |
produce any of those types of license and if the person is not in | 550 |
a place described in that section, the officer may arrest the | 551 |
person for a violation of that division, and the offender shall be | 552 |
punished as follows: | 553 |
(H) If a law enforcement officer stops a person to question | 591 |
the person regarding a possible violation of this section, for a | 592 |
traffic stop, or for any other law enforcement purpose, if the | 593 |
person surrenders a firearm to the officer, either voluntarily or | 594 |
pursuant to a request or demand of the officer, and if the officer | 595 |
does not charge the person with a violation of this section or | 596 |
arrest the person for any offense, the person is not otherwise | 597 |
prohibited by law from possessing the firearm, and the firearm is | 598 |
not contraband, the officer shall return the firearm to the person | 599 |
at the termination of the stop. | 600 |
(B)(1) This section does not apply to officers, agents, or | 606 |
employees of this or any other state or the United States, or to | 607 |
law enforcement officers, authorized to carry firearms, and
acting | 608 |
within the scope of their duties. This section does not apply to | 609 |
any person who is subject to and in compliance with the | 610 |
requirements of section 109.801 of the Revised Code, unless the | 611 |
appointing authority of the person has expressly specified that | 612 |
the exemption provided under this provision does not apply to the | 613 |
person. | 614 |
(4) This section does not apply to any person possessing
or | 625 |
displaying firearms in any room used to exhibit unloaded
firearms | 626 |
for sale or trade in a soldiers' memorial established
pursuant to | 627 |
Chapter 345. of the Revised Code, in a convention
center, or in | 628 |
any other public meeting place, if the person is an
exhibitor, | 629 |
trader, purchaser, or seller of firearms and is not
otherwise | 630 |
prohibited by law from possessing, trading, purchasing,
or selling | 631 |
the firearms. | 632 |
(D)(1) This section does not apply to officers, agents, or | 671 |
employees of this or any other state or the United States, or to | 672 |
law enforcement officers, authorized to carry deadly weapons or | 673 |
dangerous ordnance and acting within the scope of their duties,
to | 674 |
any security officer employed by a board of education or
governing | 675 |
body of a school during the time that the security
officer is on | 676 |
duty pursuant to that contract of employment, or to
any other | 677 |
person who has written authorization from the board of
education | 678 |
or governing body of a school to convey deadly weapons
or | 679 |
dangerous ordnance into a school
safety zone or to
possess a | 680 |
deadly weapon or dangerous ordnance in a
school
safety zone and | 681 |
who conveys or possesses the deadly weapon or dangerous ordnance | 682 |
in accordance
with that authorization. This section does not apply | 683 |
to any person who is subject to and in compliance with the | 684 |
requirements of section 109.801 of the Revised Code, unless the | 685 |
appointing authority of the person has expressly specified that | 686 |
the exemption provided under this provision does not apply to the | 687 |
person. | 688 |
(2) Division (C) of this section does not apply to
premises | 689 |
upon
which home schooling is conducted. Division (C) of
this | 690 |
section
also does not apply to a school administrator, teacher, or | 691 |
employee who possesses an object that is indistinguishable from a | 692 |
firearm for
legitimate school purposes during the course of | 693 |
employment, a student who uses
an object that is indistinguishable | 694 |
from a firearm under the direction of a
school administrator, | 695 |
teacher, or employee, or any other person who with the
express | 696 |
prior approval of a school administrator possesses
an object that | 697 |
is indistinguishable from a firearm for a legitimate purpose, | 698 |
including the use of the object in a ceremonial activity, a play, | 699 |
reenactment,
or other dramatic presentation, or a ROTC activity or | 700 |
another similar
use of the object. | 701 |
(E)(1) Whoever violates division (A)
or (B) of this section | 720 |
is guilty of illegal
conveyance or possession of a deadly weapon | 721 |
or
dangerous ordnance
in a school safety zone.
Except as | 722 |
otherwise provided in this division, illegal conveyance or | 723 |
possession of a deadly weapon or dangerous
ordnance in a school | 724 |
safety zone is a felony of the fifth degree. If the
offender | 725 |
previously has been convicted of a violation of this section, | 726 |
illegal conveyance or possession of a deadly
weapon or dangerous | 727 |
ordnance in a school safety zone is a
felony of the fourth degree. | 728 |
(2) Whoever violates division (C) of this section is
guilty | 729 |
of illegal possession of an object indistinguishable from a | 730 |
firearm
in a
school
safety zone. Except as otherwise provided in | 731 |
this
division, illegal possession
of an object indistinguishable | 732 |
from a firearm in a school
safety zone is a misdemeanor of the | 733 |
first degree. If
the offender previously has
been convicted of a | 734 |
violation of this section, illegal possession of an object | 735 |
indistinguishable from a firearm in a school
safety zone is a | 736 |
felony of the fifth
degree. | 737 |
(F)(1) In addition to any other penalty imposed upon a
person | 738 |
who
is convicted of or pleads guilty to a violation
of this | 739 |
section and subject to division (F)(2) of this
section, if the | 740 |
offender has not attained nineteen years of age, regardless of | 741 |
whether the
offender is attending or is enrolled in a school | 742 |
operated by a board of
education or for which the state board of | 743 |
education prescribes minimum
standards under section 3301.07 of | 744 |
the Revised Code, the
court shall impose upon the offender a
class | 745 |
four suspension
of the
offender's probationary
driver's
license, | 746 |
restricted
license, driver's license,
commercial
driver's license, | 747 |
temporary
instruction permit, or probationary
commercial
driver's | 748 |
license
that then is in effect from the
range specified in | 749 |
division
(A)(4) of section
4510.02 of the Revised Code and
shall | 750 |
deny
the
offender the
issuance of
any
permit
or license of that | 751 |
type
during the
period
of
the
suspension. | 752 |
(1) A judge of a court of record of this state or a | 777 |
magistrate, unless a rule of superintendence or another type of | 778 |
rule adopted by the supreme court pursuant to
Article
IV,
Ohio | 779 |
Constitution, or an applicable
local rule of court prohibits all | 780 |
persons from conveying or
attempting to convey a deadly weapon or | 781 |
dangerous ordnance into
a courthouse or into another building or | 782 |
structure in which a courtroom
is located or from possessing or | 783 |
having under one's control a
deadly weapon or dangerous ordnance | 784 |
in a courthouse or in another
building or structure in which a | 785 |
courtroom is located; | 786 |
(2) A peace officer, or an officer of a law enforcement | 787 |
agency of another state, a political subdivision of another
state, | 788 |
or the United
States, who is authorized to
carry a deadly weapon | 789 |
or dangerous ordnance, who possesses or
has under that | 790 |
individual's control a deadly weapon or dangerous
ordnance as a | 791 |
requirement of that individual's duties, and who
is acting within | 792 |
the scope of that individual's duties at the
time of that | 793 |
possession or control, unless a rule of
superintendence or another | 794 |
type of rule adopted by the supreme
court pursuant to Article
IV, | 795 |
Ohio
Constitution, or an applicable
local rule of court prohibits | 796 |
all persons from conveying or
attempting to convey a deadly weapon | 797 |
or dangerous ordnance into
a courthouse or into another building | 798 |
or structure in which a courtroom
is located or from possessing or | 799 |
having under one's control a
deadly weapon or dangerous ordnance | 800 |
in a courthouse or in another
building or structure in which a | 801 |
courtroom is located; | 802 |
(4) A bailiff or deputy bailiff of a court of record of
this | 807 |
state who is authorized to carry a firearm pursuant to
section | 808 |
109.77 of the Revised
Code, who possesses or has
under that | 809 |
individual's control a firearm as a requirement of
that | 810 |
individual's duties, and who is acting within the scope of
that | 811 |
individual's duties at the time of that possession or
control, | 812 |
unless a rule of superintendence or another type of
rule adopted | 813 |
by the supreme court pursuant to
Article
IV,
Ohio
Constitution, or | 814 |
an applicable
local rule of court prohibits all persons from | 815 |
conveying or
attempting to convey a deadly weapon or dangerous | 816 |
ordnance into
a courthouse or into another building or structure | 817 |
in which a courtroom
is located or from possessing or having under | 818 |
one's control a
deadly weapon or dangerous ordnance in a | 819 |
courthouse or in another
building or structure in which a | 820 |
courtroom is located; | 821 |
(5) A prosecutor, or a secret service officer appointed
by a | 822 |
county prosecuting attorney, who is authorized to carry a
deadly | 823 |
weapon or dangerous ordnance in the performance of the | 824 |
individual's
duties, who possesses or has under that individual's | 825 |
control a deadly weapon
or dangerous ordnance
as a requirement of | 826 |
that individual's duties, and who is acting
within the scope of | 827 |
that individual's duties at the time of that
possession or | 828 |
control, unless a rule of superintendence or
another type of rule | 829 |
adopted by the supreme court pursuant to
Article IV of the Ohio | 830 |
Constitution or an
applicable local rule of court prohibits all | 831 |
persons from conveying or
attempting to convey a deadly weapon or | 832 |
dangerous ordnance into
a courthouse or into another building or | 833 |
structure in which a
courtroom is located or from possessing or | 834 |
having under one's
control a deadly weapon or dangerous ordnance | 835 |
in a courthouse or
in another building or structure in which a | 836 |
courtroom is
located; | 837 |
(6) A person who conveys or attempts to convey
a handgun
into | 838 |
a courthouse or into another building or
structure in which a | 839 |
courtroom is located, who, at the time of
the conveyance or | 840 |
attempt, is carrying a valid license or temporary emergency | 841 |
license to carry a concealed
handgun
issued to the person under | 842 |
section 2923.125 or 2923.1213 of the Revised
Code or a license to | 843 |
carry a concealed handgun that was issued by another state with | 844 |
which the attorney general has entered into a reciprocity | 845 |
agreement under section 109.69 of the Revised Codein a category | 846 |
described in division (C)(6)(a) or (b) of this section,
and who | 847 |
transfers possession of the handgun to the
officer or
officer's | 848 |
designee who has charge of the courthouse
or building.
The
officer | 849 |
shall secure the handgun until the
licenseeperson who transferred | 850 |
possession of the handgun is
prepared to
leave the premises. The | 851 |
exemption described in this division applies only if the officer | 852 |
who has charge of the courthouse or building provides services of | 853 |
the nature described in this division. An officer who has charge | 854 |
of the courthouse or building is not required to offer services of | 855 |
the nature described in this division. The exemption described in | 856 |
this
division does
not apply if a rule of superintendence or | 857 |
another
type of rule
adopted by the supreme court pursuant to | 858 |
Article IV,
Ohio
Constitution, or if an applicable local rule of | 859 |
court
prohibits
all
persons from conveying or attempting to convey | 860 |
a
deadly weapon
or dangerous ordnance into a courthouse or into | 861 |
another building
or structure in which a courtroom is located or | 862 |
from possessing
or
having under one's control a deadly weapon or | 863 |
dangerous
ordnance
in a courthouse or in another building or | 864 |
structure in
which a
courtroom is located. The exemption described | 865 |
in this division applies in the circumstances described in this | 866 |
division only to a person who is in one or both of the following | 867 |
categories at the time of the conveyance or attempt: | 868 |
(2) Whoever violates division (B)
of this section is guilty | 889 |
of illegal possession or control of a
deadly weapon or dangerous | 890 |
ordnance in a courthouse. Except as otherwise
provided in this | 891 |
division, illegal possession or control of a deadly weapon or | 892 |
dangerous ordnance in a courthouse is a felony of the fifth | 893 |
degree. If the
offender previously has been convicted of a | 894 |
violation of division (A)
or (B) of this section, illegal | 895 |
possession or control of a deadly
weapon or dangerous ordnance in | 896 |
a courthouse is a felony of the fourth
degree. | 897 |
Sec. 2923.125.
(A) Upon the request of a person who wishes | 905 |
to obtain a license to carry a concealed handgun or to renew a | 906 |
license to carry a concealed handgun, a sheriff, as provided in | 907 |
division (I) of this section, shall provide to
the person free of | 908 |
charge an application form and a copy of the
pamphlet described in | 909 |
division (B) of section 109.731 of the
Revised Code. A sheriff | 910 |
shall accept a completed application form and the fee, items, | 911 |
materials, and information specified in divisions (B)(1) to (5) of | 912 |
this section at the times and in the manners described in division | 913 |
(I) of this section. | 914 |
(1) A nonrefundable license fee prescribed by the Ohio peace | 920 |
officer training commission pursuant to division (C) of section | 921 |
109.731 of the Revised Code, except that the sheriff
shall waive | 922 |
the payment of the license fee
in connection with an
initial or | 923 |
renewal application for a license that is
submitted by
an | 924 |
applicant who is a retired peace officer, a
retired person | 925 |
described in division (B)(1)(b) of section 109.77
of
the Revised | 926 |
Code, or a retired federal law enforcement officer
who, prior to | 927 |
retirement, was authorized under federal law to
carry a firearm in | 928 |
the course of duty, unless the retired peace officer, person, or | 929 |
federal law enforcement
officer retired as the result of a mental | 930 |
disability; | 931 |
(3) One or more of the following
competency
certifications, | 934 |
each of which shall reflect that, regarding a certification | 935 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 936 |
section, within
the three
years immediately preceding the | 937 |
application the
applicant has
performed that to which the | 938 |
competency certification
relates and that, regarding a | 939 |
certification described in division (B)(3)(d) of this section, the | 940 |
applicant currently is an active or reserve member of the armed | 941 |
forces of the United States or within the six years immediately | 942 |
preceding the application the honorable discharge or retirement to | 943 |
which the competency certification relates occurred: | 944 |
(c) An original or photocopy of a certificate of completion | 970 |
of a state, county, municipal, or department of natural resources | 971 |
peace officer training school that is approved by the executive | 972 |
director
of the Ohio peace officer training commission pursuant to | 973 |
section
109.75 of the Revised Code and that complies with the | 974 |
requirements set forth in division (G) of this section, or the | 975 |
applicant has satisfactorily
completed and been issued a | 976 |
certificate of completion of a basic
firearms training program, a | 977 |
firearms requalification training
program, or another basic | 978 |
training program described in section
109.78 or 109.801 of the | 979 |
Revised Code that complies with the requirements set forth in | 980 |
division (G) of this section; | 981 |
(i) That the applicant is an active or reserve member of
the | 983 |
armed forces of the United States, was honorably discharged
from | 984 |
military service in the active or reserve armed forces of the | 985 |
United States, is a retired trooper of the state highway patrol, | 986 |
or is a retired peace officer or federal law enforcement officer | 987 |
described in division (B)(1) of this section or a retired person | 988 |
described in division (B)(1)(b) of section 109.77 of the Revised | 989 |
Code and division (B)(1) of this section; | 990 |
(e) A certificate or another similar document that evidences | 998 |
satisfactory completion of a firearms training, safety, or | 999 |
requalification or firearms safety instructor course, class, or | 1000 |
program that is not otherwise
described in division (B)(3)(a), | 1001 |
(b), (c), or (d) of this section,
that was conducted by an | 1002 |
instructor who was certified by an
official or entity of the | 1003 |
government of this or another state or
the United States or by the | 1004 |
national rifle association, and that
complies with the | 1005 |
requirements set forth in division (G) of this
section; | 1006 |
(f) An affidavit that attests to the applicant's
satisfactory | 1007 |
completion of a course, class, or program described
in division | 1008 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 1009 |
by the applicant's instructor or an authorized
representative of | 1010 |
the entity that offered the course, class, or
program or under | 1011 |
whose auspices the course, class, or program was
offered. | 1012 |
(D)(1) Except as provided in division (D)(3), (4), or (5) of | 1031 |
this
section, within forty-five days after a sheriff's receipt of | 1032 |
an
applicant's
completed application form for a license to carry a | 1033 |
concealed
handgun, the supporting documentation, and, if not | 1034 |
waived, the license
fee, athe sheriff shall make available | 1035 |
through the law enforcement automated data system in accordance | 1036 |
with division (H) of this section the information described in | 1037 |
that division and, upon making the information available through | 1038 |
the system, shall issue to the applicant a
license to carry a | 1039 |
concealed handgun that shall expire four years
after the date of | 1040 |
issuanceas described in division (D)(2)(a) of this section if all | 1041 |
of the
following apply: | 1042 |
(e) TheExcept as otherwise provided in division (D)(5) of | 1056 |
this section, the applicant has not been convicted of or pleaded | 1057 |
guilty
to a felony or an offense under Chapter
2925., 3719., or | 1058 |
4729. of the Revised Code that involves the
illegal possession, | 1059 |
use, sale, administration, or distribution of
or trafficking in a | 1060 |
drug of abuse; has not been adjudicated a delinquent child for | 1061 |
committing an act that if committed by an adult would be a felony | 1062 |
or would be an offense under Chapter 2925., 3719., or 4729. of the | 1063 |
Revised Code that involves the illegal possession, use, sale, | 1064 |
administration, or distribution of or trafficking in a drug of | 1065 |
abuse; and has not been convicted of, pleaded guilty to, or | 1066 |
adjudicated a delinquent child for committing a violation of | 1067 |
section
2903.13 of the Revised Code when the victim of the | 1068 |
violation is a
peace officer, regardless of whether the applicant | 1069 |
was sentenced
under division (C)(3) of that section. | 1070 |
(f) TheExcept as otherwise provided in division (D)(5) of | 1071 |
this section, the applicant, within three years of the date of the | 1072 |
application, has not been convicted of or pleaded guilty to a | 1073 |
misdemeanor offense of violence other than a
misdemeanor violation | 1074 |
of section 2921.33 of the Revised Code or a
violation of section | 1075 |
2903.13 of the Revised Code when the victim
of the violation is a | 1076 |
peace officer, or a misdemeanor violation of
section 2923.1211 of | 1077 |
the Revised Code; and has not been adjudicated a delinquent child | 1078 |
for committing an act that if committed by an adult would be a | 1079 |
misdemeanor offense of violence other than a misdemeanor violation | 1080 |
of section 2921.33 of the Revised Code or a violation of section | 1081 |
2903.13 of the Revised Code when the victim of the violation is a | 1082 |
peace officer or for committing an act that if committed by an | 1083 |
adult would be a misdemeanor violation of section 2923.1211 of the | 1084 |
Revised Code. | 1085 |
(i) The applicant has not been adjudicated as a mental | 1096 |
defective, has not been committed to any mental institution, is | 1097 |
not under adjudication of mental incompetence, has not been found | 1098 |
by a court to be a mentally ill person subject to hospitalization | 1099 |
by court order, and is not an involuntary patient other than one | 1100 |
who is a patient only for purposes of observation. As used in this | 1101 |
division, "mentally ill person subject to hospitalization by court | 1102 |
order" and "patient" have the same meanings as in section 5122.01 | 1103 |
of the Revised Code. | 1104 |
(b) If a sheriff denies an application under this section | 1130 |
because the applicant does not satisfy the criteria described in | 1131 |
division (D)(1) of this section, the sheriff shall specify the | 1132 |
grounds for the denial in a written notice to the applicant. The | 1133 |
applicant may appeal the denial pursuant to section 119.12 of the | 1134 |
Revised Code in the county served by the sheriff who denied the | 1135 |
application. If the denial was as a result of the criminal records | 1136 |
check conducted pursuant to section 311.41 of the Revised Code and | 1137 |
if, pursuant to section 2923.127 of the Revised Code, the | 1138 |
applicant challenges the criminal records check results using the | 1139 |
appropriate challenge and review procedure specified in that | 1140 |
section, the time for filing the appeal pursuant to section 119.12 | 1141 |
of the Revised Code and this division is tolled during the | 1142 |
pendency of the request or the challenge and review. If the court | 1143 |
in an appeal under section 119.12 of the Revised Code and this | 1144 |
division enters a judgment sustaining the sheriff's refusal to | 1145 |
grant to the applicant a license to carry a concealed handgun, the | 1146 |
applicant may file a new application beginning one year after the | 1147 |
judgment is entered. If the court enters a judgment in favor of | 1148 |
the applicant, that judgment shall not restrict the authority of a | 1149 |
sheriff to suspend or revoke the license pursuant to section | 1150 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 1151 |
the license for any proper cause that may occur after the date the | 1152 |
judgment is entered. In the appeal, the court shall have full | 1153 |
power to dispose of all costs. | 1154 |
(5) If an applicant has been convicted of or pleaded guilty | 1169 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1170 |
this section or has been adjudicated a delinquent child for | 1171 |
committing an act or violation identified in any of those | 1172 |
divisions, and if a court has ordered the sealing or expungement | 1173 |
of the records of that conviction, guilty plea, or delinquent | 1174 |
child adjudication pursuant to section 2151.358 or sections | 1175 |
2953.31 to 2953.36 of the Revised Code, the sheriff with whom the | 1176 |
application was submitted shall not consider the conviction, | 1177 |
guilty plea, or delinquent child adjudication. | 1178 |
(E) If a license to carry a concealed handgun issued under | 1179 |
this section is lost or is destroyed, the licensee may obtain from | 1180 |
the sheriff who issued that license a duplicate license upon the | 1181 |
payment of a fee of fifteen dollars and the submission of an | 1182 |
affidavit attesting to the loss or destruction of the license. The | 1183 |
sheriff, in accordance with the procedures prescribed in section | 1184 |
109.731 of the Revised Code, shall place on the replacement | 1185 |
license a combination of identifying numbers different from the | 1186 |
combination on the license that is being replaced. | 1187 |
(F) A licensee who wishes to renew a license to carry a | 1188 |
concealed handgun issued under this secitonsection shall do so | 1189 |
withinnot earlier than ninety days before the expiration date of | 1190 |
the license and not later than thirty days after the
expiration | 1191 |
date of
the license by filing with the sheriff of the
county in | 1192 |
which the
applicant resides or with the sheriff of an
adjacent | 1193 |
county an application for renewal of the license
obtained
pursuant | 1194 |
to division (D) of this section, a new color
photograph
of the | 1195 |
licensee that was taken within thirty days prior
to the
date of | 1196 |
the renewal application, a certification by the applicant that, | 1197 |
subsequent to the issuance of the license, the applicant has | 1198 |
reread the pamphlet prepared by the Ohio peace officer training | 1199 |
commission pursuant to section 109.731 of the Revised Code that | 1200 |
reviews firearms, dispute resolution, and use of deadly force | 1201 |
matters, a new set of fingerprints provided in the manner | 1202 |
specified in division (D)(4)(B)(5) of this section 2923.125 of the | 1203 |
Revised Code regarding initial applications for a license to carry | 1204 |
a concealed handgun, and a nonrefundable
license
renewal fee | 1205 |
unless the fee is waived. The licensee also shall submit a | 1206 |
competency certification of the type described in division (B)(3) | 1207 |
of this section that is not older than six years or a renewed | 1208 |
competency certification of the type described in division (G)(4) | 1209 |
of this section that is not older than six years. A sheriff shall | 1210 |
accept a completed renewal application and the fee, items, | 1211 |
materials, and information specified in this division at the times | 1212 |
and in the manners described in division (I) of this section. | 1213 |
Upon receipt of a completed renewal application, color | 1214 |
photograph, certification that the applicant has reread the | 1215 |
specified pamphlet prepared by the Ohio peace officer training | 1216 |
commission, new set of fingerprints, competency certification or | 1217 |
renewed competency certification, and license renewal fee unless | 1218 |
the fee is waived, a
sheriff, in the manner specified in section | 1219 |
311.41 of the Revised Code shall conduct or
cause to be conducted | 1220 |
the criminal
records check and the incompetency records check | 1221 |
described in
section 311.41 of the
Revised Code.
The
sheriff
shall | 1222 |
renew the license if
the sheriff determines that
the
applicant | 1223 |
continues to satisfy the
requirements described in
division (D)(1) | 1224 |
of this section, except that the applicant is required to submit a | 1225 |
renewed competency certification only in the circumstances | 1226 |
described in division (G)(4) of this section and except that | 1227 |
division (D)(5) of this section also applies regarding the renewal | 1228 |
application. A
renewed license that is renewed on or after the | 1229 |
effective date of this amendment shall expire five years after the | 1230 |
date of issuance, and a renewed license that is renewed prior to | 1231 |
the effective date of this amendment shall expire
four years after | 1232 |
the date of issuance
and. A renewed license is subject to division | 1233 |
(E) of this section and sections
2923.126 and 2923.128 of the | 1234 |
Revised Code. A sheriff shall comply
with divisions (D)(2) to | 1235 |
(4)(5)
of this section when the
circumstances described in those | 1236 |
divisions apply to a requested
license renewal. If a sheriff | 1237 |
denies the renewal of a license to carry a concealed handgun, the | 1238 |
applicant may appeal the denial, or challenge the criminal record | 1239 |
check results that were the basis of the denial if applicable, in | 1240 |
the same manner as specified in division (D)(2)(b) and in section | 1241 |
2923.127 of the Revised Code, regarding the denial of a license | 1242 |
under this section. | 1243 |
(G)(1) Each course, class, or program described in division | 1244 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 1245 |
person who takes the course, class, or program a copy of the | 1246 |
pamphlet prepared by the Ohio peace officer training commission | 1247 |
pursuant to section 109.731 of the Revised Code that reviews | 1248 |
firearms, dispute resolution, and use of deadly force matters. | 1249 |
Each such course, class, or program described in one of those | 1250 |
divisions shall include at least twelve hours of training
in the | 1251 |
safe handling and use of a firearm that shall include all
of
the | 1252 |
following: | 1253 |
(4) A person who has received a competency certification as | 1283 |
described in division (B)(3) of this section, or who previously | 1284 |
has received a renewed competency certification as described in | 1285 |
this division, may obtain a renewed competency certification | 1286 |
pursuant to this division. If the person has received a competency | 1287 |
certification within the preceding six years, or previously has | 1288 |
received a renewed competency certification within the preceding | 1289 |
six years, the person may obtain a renewed competency | 1290 |
certification from an entity that offers a course, class, or | 1291 |
program described in division (B)(3)(a), (b), (c), or (e) of this | 1292 |
section by passing a competency examination of the type described | 1293 |
in division (G)(2) of this section. In these circumstances, the | 1294 |
person is not required to attend the course, class, or program in | 1295 |
order to be eligible to take the competency examination for the | 1296 |
renewed competency certification. If more than six years has | 1297 |
elapsed since the person last received a competency certification | 1298 |
or a renewed competency certification, in order for the person to | 1299 |
obtain a renewed competency certification, the person shall both | 1300 |
satisfactorily complete a course, class, or program described in | 1301 |
division (B)(3)(a), (b), (c), or (e) of this section and pass a | 1302 |
competency examination of the type described in division (G)(2) of | 1303 |
this section. A renewed competency certification issued under this | 1304 |
division shall be dated and shall attest that the applicant passed | 1305 |
the competency examination of the type described in division | 1306 |
(G)(2) of this section and, if applicable, that the person | 1307 |
successfully completed a course, class, or program that met the | 1308 |
requirements described in division (G)(1) of this section. | 1309 |
(H) Upon deciding to issue a license, deciding to issue a | 1310 |
replacement license, or deciding to renew a license to carry a | 1311 |
concealed handgun pursuant to this section, and before actually | 1312 |
issuing or renewing the license, the sheriff shall make available | 1313 |
through the law enforcement automated data system all information | 1314 |
contained on the license. If the license subsequently is suspended | 1315 |
under division (A)(1) of section 2923.128 of the Revised Code, | 1316 |
revoked pursuant to division (B)(1) of section 2923.128 of the | 1317 |
Revised Code, or lost or destroyed, the sheriff also shall make | 1318 |
available through the law enforcement automated data system a | 1319 |
notation of that fact. The superintendent of the state highway | 1320 |
patrol shall ensure that the law enforcement automated data system | 1321 |
is so configured as to permit the transmission through the system | 1322 |
of the information specified in this division. | 1323 |
(I) A sheriff shall accept a completed application form or | 1324 |
renewal application, and the fee, items, materials, and | 1325 |
information specified in divisions (B)(1) to (5) or division (F) | 1326 |
of this section, whichever is applicable, and shall provide an | 1327 |
application form or renewal application and a copy of the pamphlet | 1328 |
described in division (B) of section 109.731 of the Revised Code | 1329 |
to any person during at least fifteen hours a week. The sheriff | 1330 |
shall post notice of the hours during which the sheriff is | 1331 |
available to accept or provide the information described in this | 1332 |
division. | 1333 |
Sec. 2923.126. (A) A license to carry a concealed handgun | 1334 |
that is issued under section 2923.125 of the Revised Code on or | 1335 |
after the effective date of this amendment shall expire five years | 1336 |
after the date of issuance, and a license that is so issued prior | 1337 |
to the effective date of this amendment shall
expire four years | 1338 |
after the date of issuance. A licensee who has been issued a | 1339 |
license under that section shall be
granted a grace period of | 1340 |
thirty days after the licensee's license
expires during which the | 1341 |
licensee's license remains valid. Except
as provided in
divisions | 1342 |
(B) and (C) of this section, a licensee who has been issued a | 1343 |
license under section 2923.125 or 2923.1213 of the Revised Code | 1344 |
may carry a concealed
handgun anywhere in this state if the | 1345 |
licensee also carries a
valid license and valid identification | 1346 |
when the licensee is in
actual possession of a concealed handgun. | 1347 |
The licensee shall give
notice of any change in the licensee's | 1348 |
residence address to the
sheriff who issued the license within | 1349 |
forty-five days after that
change. | 1350 |
If a licensee is the driver or an occupant of a motor vehicle | 1351 |
that is stopped as the result of a traffic stop or a stop for | 1352 |
another law enforcement purpose and if the licensee
is | 1353 |
transporting or has a loaded handgun in the motor vehicle at that | 1354 |
time, the licensee shall promptly inform any law enforcement | 1355 |
officer who approaches the vehicle while stopped that
the licensee | 1356 |
has been issued a license or temporary emergency license to carry | 1357 |
a concealed
handgun and that the licensee currently possesses or | 1358 |
has a loaded
handgun; the licensee shall comply with lawful orders | 1359 |
of a law enforcement officer given while the motor vehicle is | 1360 |
stopped, shall remain in the motor vehicle while stopped, and | 1361 |
shall keep the licensee's hands in plain sight while any law | 1362 |
enforcement officer begins approaching the licensee while stopped | 1363 |
and before the officer leaves, unless directed otherwise by a law | 1364 |
enforcement officer; and the licensee shall not knowingly remove, | 1365 |
attempt to remove, grasp, or hold the loaded handgun or knowingly | 1366 |
have contact with the loaded handgun by touching it with the | 1367 |
licensee's hands or fingers, in any manner in violation of | 1368 |
division (E) of section 2923.16 of the Revised Code, while any law | 1369 |
enforcement officer begins approaching the licensee while stopped | 1370 |
and before the officer leaves. If a law enforcement officer | 1371 |
otherwise approaches a person who has been stopped for a law | 1372 |
enforcement purpose, if the person is a licensee, and if the | 1373 |
licensee is carrying a concealed handgun at the time the officer | 1374 |
approaches, the licensee shall promptly inform the officer that | 1375 |
the licensee has been issued a license or temporary emergency | 1376 |
license to carry a concealed handgun and that the licensee | 1377 |
currently is carrying a concealed handgun. | 1378 |
(1) A police station, sheriff's office,
or state highway | 1386 |
patrol
station, premises controlled by the bureau
of criminal | 1387 |
identification and investigation, a state correctional | 1388 |
institution,
jail, workhouse, or other
detention facility, an | 1389 |
airport
passenger terminal, or an institution that is maintained, | 1390 |
operated, managed, and governed pursuant to division (A) of | 1391 |
section 5119.02 of the Revised Code or division (A)(1) of section | 1392 |
5123.03 of the Revised Code; | 1393 |
(7) A child day-care center, a type A family day-care home, a | 1411 |
type B family day-care home, or a type C family day-care home, | 1412 |
except that this division does not prohibit a licensee who resides | 1413 |
in a type A family day-care home, a type B family day-care home, | 1414 |
or a type C family day-care home from carrying a concealed handgun | 1415 |
at any time in any part of the home that is not dedicated or used | 1416 |
for day-care purposes, or from carrying a concealed handgun in a | 1417 |
part of the home that is dedicated or used for day-care purposes | 1418 |
at any time during which no children, other than children of that | 1419 |
licensee, are in the home; | 1420 |
(C)(1) Nothing in this section shall negate or restrict a | 1432 |
rule,
policy, or practice of a private employer that is not a | 1433 |
private
college, university, or other institution of higher | 1434 |
education
concerning or
prohibiting the presence of firearms on | 1435 |
the private
employer's
premises or property, including motor | 1436 |
vehicles owned by
the private employer. Nothing in this section | 1437 |
shall require a private employer of that nature to adopt a rule, | 1438 |
policy, or practice concerning or prohibiting the presence of | 1439 |
firearms on the private employer's premises or property, including | 1440 |
motor vehicles owned by the private employer. | 1441 |
(2)(a) A private employer shall be immune from liability in a | 1442 |
civil action for any injury, death, or loss to person or property | 1443 |
that allegedly was caused by or related to a licensee bringing a | 1444 |
handgun onto the premises or property of the private employer, | 1445 |
including motor vehicles owned by the private employer, unless the | 1446 |
private employer acted with malicious purpose. A private employer | 1447 |
is immune from liability in a civil action for any injury, death, | 1448 |
or loss to person or property that allegedly was caused by or | 1449 |
related to the private employer's decision to permit a licensee to | 1450 |
bring, or prohibit a licensee from bringing, a handgun onto the | 1451 |
premises or property of the private employer. As used in this | 1452 |
division, "private employer" includes a private college, | 1453 |
university, or other institution of higher education. | 1454 |
(b) A political subdivision shall be immune from liability in | 1455 |
a civil action, to the extent and in the manner provided in | 1456 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 1457 |
to person or property that allegedly was caused by or related to a | 1458 |
licensee bringing a handgun onto any premises or property owned, | 1459 |
leased, or otherwise under the control of the political | 1460 |
subdivision. As used in this division, "political subdivision" has | 1461 |
the same meaning as in section 2744.01 of the Revised Code. | 1462 |
(3) The owner or person in control of private land or | 1463 |
premises, and a private person or entity leasing land or premises | 1464 |
owned by the state, the United States, or a political subdivision | 1465 |
of the state or the United States, may post a sign in a | 1466 |
conspicuous location on that land or on those premises prohibiting | 1467 |
persons from carrying firearms or concealed firearms on or onto | 1468 |
that land or those premises. A person who knowingly violates a | 1469 |
posted prohibition of that nature is guilty of criminal trespass | 1470 |
in violation of division (A)(4) of section 2911.21 of the Revised | 1471 |
Code and is guilty of a misdemeanor of the fourth degree. | 1472 |
Sec. 2923.127. (A) If a sheriff denies an application for a | 1487 |
license to carry a concealed handgun, denies the renewal of a | 1488 |
license to carry a concealed handgun, or denies an application for | 1489 |
a temporary emergency license to carry a concealed handgun as a | 1490 |
result of the criminal
records check conducted pursuant to
section | 1491 |
311.41 of the
Revised
Code and if the
applicant believes the | 1492 |
denial was based on
incorrect information
reported by the source | 1493 |
the sheriff used in
conducting the criminal records check, the | 1494 |
applicant may challenge the criminal records check results using | 1495 |
whichever of the following is applicable: | 1496 |
Sec. 2923.128. (A)(1) If a licensee holding a valid license | 1516 |
issued under section 2923.125 or 2923.1213 of the Revised Code
is | 1517 |
arrested for or otherwise charged with an offense described in | 1518 |
division
(D)(1)(d) of section 2923.125 of the Revised
Code or with | 1519 |
a violation of section 2923.15 of the Revised Code or
becomes | 1520 |
subject to a temporary protection order or to a protection order | 1521 |
issued by a court of another state that is substantially | 1522 |
equivalent to a temporary protection order,
the
sheriff who
issued | 1523 |
the license or temporary emergency license shall suspend it and | 1524 |
shall
comply
with division
(A)(3) of this section upon becoming | 1525 |
aware of
the
arrest, charge,
or protection order. | 1526 |
(2) A suspension under division (A)(1) of this section shall | 1527 |
be considered as beginning on the date that the licensee is | 1528 |
arrested for or otherwise charged with an offense described in | 1529 |
that division or on the date the appropriate court issued the | 1530 |
protection order described in that division,
irrespective of when | 1531 |
the sheriff notifies the
licensee under
division (A)(3) of this | 1532 |
section. The suspension
shall end on the
date on which the charges | 1533 |
are dismissed or the
licensee is found
not guilty of the offense | 1534 |
described in division
(A)(1) of this
section or, subject to | 1535 |
division (B) of this section, on the date
the appropriate court | 1536 |
terminates the protection order
described in that division. If the | 1537 |
suspension so ends, the
sheriff
shall return the license or | 1538 |
temporary emergency license to the licensee. | 1539 |
(3) Upon becoming aware of an arrest, charge, or
protection | 1540 |
order described in
division (A)(1) of this section with
respect to | 1541 |
a licensee who was issued a license under section 2923.125 or | 1542 |
2923.1213 of the Revised Code,
the
sheriff who issued the | 1543 |
licensee's
license or temporary emergency license to carry a | 1544 |
concealed
handgun shall notify the licensee, by
certified mail, | 1545 |
return
receipt requested, at the licensee's last
known residence | 1546 |
address
that the license or temporary emergency license has been | 1547 |
suspended and
that the licensee is
required to
surrender the | 1548 |
license or temporary emergency license at the
sheriff's office | 1549 |
within
ten days of
the date on which the notice
was mailed. | 1550 |
(2) Upon becoming aware of any circumstance listed in | 1588 |
division (B)(1) of this section that applies to a particular | 1589 |
licensee who was issued a license under section 2923.125 or | 1590 |
2923.1213 of the Revised Code, the sheriff who issued the license | 1591 |
or temporary emergency license to carry a concealed
handgun to the | 1592 |
licensee shall notify the licensee, by certified
mail, return | 1593 |
receipt requested, at the licensee's last known
residence address | 1594 |
that the license or temporary emergency license is subject to | 1595 |
revocation and
that the licensee may come to the sheriff's office | 1596 |
and contest the
sheriff's proposed revocation within fourteen days | 1597 |
of the date on
which the notice was mailed. After the fourteen-day | 1598 |
period and
after consideration of any information that the | 1599 |
licensee provides
during that period, if the sheriff determines on | 1600 |
the basis of the
information of which the sheriff is aware that | 1601 |
the licensee is
described in division (B)(1) of this section and | 1602 |
no longer
satisfies the requirements described in division (D)(1) | 1603 |
of section
2923.125 of the Revised Code that are applicable to the | 1604 |
licensee's type of license, subject to division (B)(3) of this | 1605 |
section, the sheriff shall revoke the
license or temporary | 1606 |
emergency license, notify the licensee of that fact, and require | 1607 |
the
licensee to surrender the license or temporary emergency | 1608 |
license. | 1609 |
(3) If a sheriff who issues a license or temporary emergency | 1610 |
license to carry a concealed handgun to a licensee under section | 1611 |
2923.125 or 2923.1213 of the Revised Code becomes aware that, at | 1612 |
the time of the issuance of the license or temporary emergency | 1613 |
license, the licensee had been convicted of or pleaded guilty to | 1614 |
an offense identified in division (D)(1)(e), (f), or (h) of | 1615 |
section 2923.125 of the Revised Code or had been adjudicated a | 1616 |
delinquent child for committing an act or violation identified in | 1617 |
any of those divisions, or that, on or after the date on which the | 1618 |
license or temporary emergency license was issued, the licensee | 1619 |
has been convicted of or pleaded guilty to a violation of section | 1620 |
2923.15 of the Revised Code or an offense described in division | 1621 |
(D)(1)(e), (f), or (h) of section 2923.125 of the Revised Code, | 1622 |
the sheriff shall not consider that conviction, guilty plea, or | 1623 |
juvenile adjudication as having occurred if a court has ordered | 1624 |
the sealing or expungement of the records of that conviction, | 1625 |
guilty plea, or delinquent child adjudication pursuant to section | 1626 |
2151.358 or sections 2953.31 to 2953.36 of the Revised Code. | 1627 |
SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY | 1664 |
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH | 1665 |
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU | 1666 |
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR | 1667 |
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM, | 1668 |
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED | 1669 |
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE relevant | 1670 |
RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE | 1671 |
ATTACHMENT AT THE END OF THIS SECTION. | 1672 |
(b) A written document prepared by a governmental entity or | 1725 |
public official describing the facts that give the person seeking | 1726 |
to carry a concealed handgun reasonable cause to fear a criminal | 1727 |
attack upon the person or a member of the person's family, such as | 1728 |
would justify a prudent person in going armed. Written documents | 1729 |
of this nature include, but are not limited to, any temporary | 1730 |
protection order, civil protection order, protection order issued | 1731 |
by another state, or other court order, any court report, and any | 1732 |
report filed with or made by a law enforcement agency or | 1733 |
prosecutor. | 1734 |
(b) A sworn affidavit that contains all of the information | 1742 |
required to be on the license and attesting that the person is | 1743 |
legally living in the United States; is at least twenty-one years | 1744 |
of age; is not a fugitive from justice; is not under indictment | 1745 |
for or otherwise charged with an offense identified in division | 1746 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 1747 |
convicted of or pleaded guilty to an offense, and has not been | 1748 |
adjudicated a delinquent child for committing an act, identified | 1749 |
in division (D)(1)(e) of that section; within three years of the | 1750 |
date of the submission, has not been convicted of or pleaded | 1751 |
guilty to an offense, and has not been adjudicated a delinquent | 1752 |
child for committing an act, identified in division (D)(1)(f) of | 1753 |
that section; within five years of the date of the submission, has | 1754 |
not been convicted of, pleaded guilty, or adjudicated a delinquent | 1755 |
child for committing two or more violations identified in division | 1756 |
(D)(1)(g) of that section; within ten years of the date of the | 1757 |
submission, has not been convicted of, pleaded guilty, or | 1758 |
adjudicated a delinquent child for committing a violation | 1759 |
identified in division (D)(1)(h) of that section; has not been | 1760 |
adjudicated as a mental defective, has not been committed to any | 1761 |
mental institution, is not under adjudication of mental | 1762 |
incompetence, has not been found by a court to be a mentally ill | 1763 |
person subject to hospitalization by court order, and is not an | 1764 |
involuntary patient other than one who is a patient only for | 1765 |
purposes of observation, as described in division (D)(1)(i) of | 1766 |
that section; and is not currently subject to a civil protection | 1767 |
order, a temporary protection order, or a protection order issued | 1768 |
by a court of another state, as described in division (D)(1)(j) of | 1769 |
that section; | 1770 |
(d) A set of fingerprints of the applicant provided as | 1775 |
described in section 311.41 of the Revised Code through use of an | 1776 |
electronic fingerprint reading device or, if the sheriff to whom | 1777 |
the application is submitted does not possess and does not have | 1778 |
ready access to the use of an electronic fingerprint reading | 1779 |
device, on a standard impression sheet prescribed pursuant to | 1780 |
division (C)(2) of section 109.572 of the Revised Code. If the | 1781 |
fingerprints are provided on a standard impression sheet, the | 1782 |
person also shall provide the person's social security number to | 1783 |
the sheriff. | 1784 |
(2) A sheriff shall accept the evidence of imminent danger, | 1785 |
the sworn affidavit, the fee, and the set of fingerprints required | 1786 |
under division (B)(1) of this section at the times and in the | 1787 |
manners described in division (I) of this section. Upon receipt of | 1788 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 1789 |
the set of fingerprints required under division (B)(1) of this | 1790 |
section, the sheriff, in the manner specified in section 311.41 of | 1791 |
the Revised Code, immediately shall conduct or cause to be | 1792 |
conducted the criminal records check and the incompetency records | 1793 |
check described in section 311.41 of the Revised Code. Immediately | 1794 |
upon receipt of the results of the records checks, the sheriff | 1795 |
shall review the information and shall determine whether the | 1796 |
criteria set forth in divisions (D)(1)(a) to (j) of section | 1797 |
2923.125 of the Revised Code apply regarding the person. If the | 1798 |
sheriff determines that all of criteria set forth in divisions | 1799 |
(D)(1)(a) to (j) of section 2923.125 of the Revised Code apply | 1800 |
regarding the person, the sheriff shall immediately make available | 1801 |
through the law enforcement automated data system all information | 1802 |
that will be contained on the temporary emergency license for the | 1803 |
person if one is issued, and the superintendent of the state | 1804 |
highway patrol shall ensure that the system is so configured as to | 1805 |
permit the transmission through the system of that information. | 1806 |
Upon making that information available through the law enforcement | 1807 |
automated data system, the sheriff shall immediately issue to the | 1808 |
person a temporary emergency license to carry a concealed handgun. | 1809 |
If the sheriff denies the issuance of a temporary emergency | 1810 |
license to the person, the sheriff shall specify the grounds for | 1811 |
the denial in a written notice to the person. The person may | 1812 |
appeal the denial, or challenge criminal records check results | 1813 |
that were the basis of the denial if applicable, in the same | 1814 |
manners specified in division (D)(2) of section 2923.125 and in | 1815 |
section 2923.127 of the Revised Code, regarding the denial of an | 1816 |
application for a license to carry a concealed handgun under that | 1817 |
section. | 1818 |
(C) A person who holds a temporary emergency license to carry | 1831 |
a concealed handgun has the same right to carry a concealed | 1832 |
handgun as a person who was issued a license to carry a concealed | 1833 |
handgun under section 2923.125 of the Revised Code, and any | 1834 |
exceptions to the prohibitions contained in section 1547.69 and | 1835 |
sections 2923.12 to 2923.16 of the Revised Code for a licensee | 1836 |
under section 2923.125 of the Revised Code apply to a licensee | 1837 |
under this section. The person is subject to the same | 1838 |
restrictions, and to all other procedures, duties, and sanctions, | 1839 |
that apply to a person who carries a license issued under section | 1840 |
2923.125 of the Revised Code, other than the license renewal | 1841 |
procedures set forth in that section. | 1842 |
(D) A sheriff who issues a temporary emergency license to | 1843 |
carry a concealed handgun under this section shall not require a | 1844 |
person seeking to carry a concealed handgun in accordance with | 1845 |
this section to submit a competency certificate as a prerequisite | 1846 |
for issuing the license and shall comply with division (H) of | 1847 |
section 2923.125 of the Revised Code in regards to the license. | 1848 |
The sheriff shall suspend or revoke the license in accordance with | 1849 |
section 2923.128 of the Revised Code. In addition to the | 1850 |
suspension or revocation procedures set forth in section 2923.128 | 1851 |
of the Revised Code, the sheriff may revoke the
license upon | 1852 |
receiving information, verifiable by public documents, that the | 1853 |
person is not eligible to possess a
firearm under either the laws | 1854 |
of this state or of the United States or that the person committed | 1855 |
perjury in obtaining the license; if the sheriff revokes a license | 1856 |
under this additional authority, the sheriff
shall notify the | 1857 |
person, by certified mail, return receipt requested, at the | 1858 |
person's last known residence address that the license has been | 1859 |
revoked and that the person is required to surrender the license | 1860 |
at the sheriff's office within ten days of the date on which the | 1861 |
notice was
mailed. Division (H) of section 2923.125 of the | 1862 |
Revised Code applies regarding any suspension or revocation of a | 1863 |
temporary emergency license to carry a concealed handgun. | 1864 |
(F) If a temporary emergency license to carry a concealed | 1871 |
handgun issued under this section is lost or is destroyed, the | 1872 |
licensee may obtain from the sheriff who issued that license a | 1873 |
duplicate license upon the payment of a fee of fifteen dollars and | 1874 |
the submission of an affidavit attesting to the loss or | 1875 |
destruction of the license. The sheriff, in accordance with the | 1876 |
procedures prescribed in section 109.731 of the Revised Code, | 1877 |
shall place on the replacement license a combination of | 1878 |
identifying numbers different from the combination on the license | 1879 |
that is being replaced. | 1880 |
(I) A sheriff shall accept evidence of imminent danger, a | 1891 |
sworn affidavit, the fee, and the set of fingerprints specified in | 1892 |
division (B)(1) of this section at any time during normal business | 1893 |
hours. In no case shall a sheriff require an appointment, or | 1894 |
designate a specific period of time, for the submission or | 1895 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 1896 |
fee, and the set of fingerprints specified in division (B)(1) of | 1897 |
this section, or for the provision to any person of a standard | 1898 |
form to be used for a person to apply for a temporary emergency | 1899 |
license to carry a concealed handgun. | 1900 |
(2) If the person is transporting or has a loaded handgun in | 1940 |
a motor vehicle in a manner authorized under division (E)(1) of | 1941 |
this section, knowingly remove or attempt to remove the loaded | 1942 |
handgun from the holster, glove compartment, or case, knowingly | 1943 |
grasp or hold the loaded handgun, or knowingly have contact with | 1944 |
the loaded handgun by touching it with the person's hands or | 1945 |
fingers while the motor vehicle is being operated on a street, | 1946 |
highway, or public property unless the person removes, attempts to | 1947 |
remove, grasps, holds, or has the contact with the loaded handgun | 1948 |
pursuant to and in accordance with directions given by a law | 1949 |
enforcement officer; | 1950 |
(3) If the person is the driver or an occupant of a motor | 1951 |
vehicle that is stopped as a result of a traffic stop or a stop | 1952 |
for another law enforcement purpose and if the person is | 1953 |
transporting or has a loaded handgun in the motor vehicle in any | 1954 |
manner, fail to promptly inform any law enforcement officer who | 1955 |
approaches the vehicle while stopped that the person has been | 1956 |
issued a license or temporary emergency license to carry a | 1957 |
concealed handgun and that the person then possesses or has a | 1958 |
loaded handgun in the motor vehicle. | 1959 |
(4) If the person is the driver or an occupant of a motor | 1960 |
vehicle that is stopped as a result of a traffic stop or a stop | 1961 |
for another law enforcement purpose and if the person is | 1962 |
transporting or has a loaded handgun in the motor vehicle in any | 1963 |
manner, knowingly disregard or fail to comply with any lawful | 1964 |
order of any law enforcement officer given while the motor vehicle | 1965 |
is stopped, knowingly fail to remain in the motor vehicle while | 1966 |
stopped, or knowingly fail to keep the person's hands in plain | 1967 |
sight at any time after any law enforcement officer begins | 1968 |
approaching the person while stopped and before the law | 1969 |
enforcement officer leaves, unless, regarding a failure to remain | 1970 |
in the motor vehicle or to keep the person's hands in plain sight, | 1971 |
the failure is pursuant to and in accordance with directions given | 1972 |
by a law enforcement officer; | 1973 |
(5) If the person is the driver or an occupant of a motor | 1974 |
vehicle that is stopped as a result of a traffic stop or a stop | 1975 |
for another law enforcement purpose, if the person is transporting | 1976 |
or has a loaded handgun in the motor vehicle in a manner | 1977 |
authorized under division (E)(1) of this section, and if the | 1978 |
person is approached by any law enforcement officer while stopped, | 1979 |
knowingly remove or attempt to remove the loaded handgun from the | 1980 |
holster, glove compartment, or case, knowingly grasp or hold the | 1981 |
loaded handgun, or knowingly have contact with the loaded handgun | 1982 |
by touching it with the person's hands or fingers in the motor | 1983 |
vehicle at any time after the law enforcement officer begins | 1984 |
approaching and before the law enforcement officer leaves, unless | 1985 |
the person removes, attempts to remove, grasps, holds, or has | 1986 |
contact with the loaded handgun pursuant to and in accordance with | 1987 |
directions given by the law enforcement officer. | 1988 |
(F)(1) ThisDivisions (A), (B), (C), and (E) of this section | 1989 |
doesdo not apply to officers, agents, or
employees of this or any | 1990 |
other state or the United States, or to
law enforcement officers, | 1991 |
when authorized to carry or have loaded
or
accessible firearms in | 1992 |
motor vehicles and acting within the
scope of their duties. | 1993 |
Divisions (A), (B), (C), and (E) of this section do not apply to | 1994 |
any person who is subject to and in compliance with the | 1995 |
requirements of section 109.801 of the Revised Code, unless the | 1996 |
appointing authority of the person has expressly specified that | 1997 |
the exemptions provided under this provision do not apply to the | 1998 |
person. | 1999 |
(2) It is an affirmative defense to a charge under division | 2080 |
(B) or (C) of this section of improperly handling firearms in a | 2081 |
motor vehicle that the actor transported or had the firearm in the | 2082 |
motor vehicle for any lawful purpose and while the motor vehicle | 2083 |
was on the actor's own property, provided that this affirmative | 2084 |
defense is not available unless the person, prior to arriving at | 2085 |
the actor's own property, did not transport or possess the firearm | 2086 |
in a motor vehicle in a manner prohibited by division (B) or (C) | 2087 |
of this section while the motor vehicle was being operated on a | 2088 |
street, highway, or other public or private property used by the | 2089 |
public for vehicular traffic. | 2090 |
(I) Whoever violates this section is guilty of improperly | 2096 |
handling firearms in a motor vehicle. Violation of division (A)
of | 2097 |
this section is a felony of the fourth degree.
Violation of | 2098 |
division (C) of this section is a misdemeanor of the
fourth | 2099 |
degree. A violation of division (D) of this section is a felony of | 2100 |
the fifth degree or, if the loaded handgun is concealed on the | 2101 |
person's person, a felony of the fourth degree. A violation of | 2102 |
division (E)(3) of this section is a misdemeanor of the fourth | 2103 |
third degree. A violation of division (E)(1), (2), or (5) of this | 2104 |
section is a felony of the fifth degree. A violation of division | 2105 |
(E)(4) of this section is a misdemeanor of the first degree or, if | 2106 |
the offender previously has been convicted of or pleaded guilty to | 2107 |
a violation of division (E)(4) of this section, a felony of the | 2108 |
fifth degree. A violation of division (B) of this section is | 2109 |
whichever of the following is applicable: | 2110 |
(1) If, at the time of the transportation or possession in | 2111 |
violation of division (B) of this section, the offender was | 2112 |
carrying a valid license or temporary emergency license to carry a | 2113 |
concealed handgun issued to the offender under section 2923.125 or | 2114 |
2923.1213 of the Revised Code or a license to carry a concealed | 2115 |
handgun that was issued by another state with which the attorney | 2116 |
general has entered into a reciprocity agreement under section | 2117 |
109.69 of the Revised Code and the offender was not knowingly in a | 2118 |
place described in division (B) of section 2923.126 of the Revised | 2119 |
Code, the violation is a misdemeanor of the first degree or, if | 2120 |
the offender previously has been convicted of or pleaded guilty to | 2121 |
a violation of division (B) of this section, a felony of the | 2122 |
fourth degree. | 2123 |
(J) If a law enforcement officer stops a motor vehicle for a | 2126 |
traffic stop or any other purpose, if any person in the motor | 2127 |
vehicle surrenders a firearm to the officer, either voluntarily or | 2128 |
pursuant to a request or demand of the officer, and if the officer | 2129 |
does not charge the person with a violation of this section or | 2130 |
arrest the person for any offense, the person is not otherwise | 2131 |
prohibited by law from possessing the firearm, and the firearm is | 2132 |
not contraband, the officer shall return the firearm to the person | 2133 |
at the termination of the stop. | 2134 |
Section 2. That existing sections 109.731, 109.801, 311.41, | 2148 |
1547.69, 2923.12, 2923.121, 2923.122, 2923.123, 2923.125, | 2149 |
2923.126, 2923.127, 2923.128, 2923.1210, 2923.1213, and 2923.16 of | 2150 |
the Revised Code are hereby repealed. | 2151 |