| Section 1. That sections 109.71, 109.731, 109.801, 311.41, | 52 |
| 1547.69, 2903.11, 2903.12, 2903.13, 2913.01, 2913.02, 2923.12, | 53 |
| 2923.121, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, | 54 |
| 2923.127, 2923.128, 2923.1210, 2923.1213, and 2923.16 be amended | 55 |
| and section 9.68 of the Revised Code be enacted to read as | 56 |
| follows: | 57 |
| Sec. 9.68. (A) The individual right to keep and bear arms, | 58 |
| being a fundamental individual right that predates the United | 59 |
| States Constitution and Ohio Constitution, and being a | 60 |
| constitutionally protected right in every part of Ohio, the | 61 |
| general assembly finds the need to provide uniform laws throughout | 62 |
| the state regulating the ownership, possession, purchase, other | 63 |
| acquisition, transport, storage, carrying, sale, or other transfer | 64 |
| of firearms, their components, and their ammunition. Except as | 65 |
| specifically provided by the United States Constitution, Ohio | 66 |
| Constitution, state law, or federal law, a person, without further | 67 |
| license, permission, restriction, delay, or process, may own, | 68 |
| possess, purchase, sell, transfer, transport, store, or keep any | 69 |
| firearm, part of a firearm, its components, and its ammunition. | 70 |
| (1) The possession, transporting, or carrying of firearms, | 76 |
| their components, or their ammunition include, but are not limited | 77 |
| to, the possession, transporting, or carrying, openly or concealed | 78 |
| on a person's person or concealed ready at hand, of firearms, | 79 |
| their components, or their ammunition. | 80 |
|
(2) A zoning ordinance that specifies the hours of operation | 87 |
| or the geographic areas where the commercial sale of firearms, | 88 |
| firearm components, or ammunition for firearms may occur, provided | 89 |
| that the zoning ordinance is consistent with zoning ordinances for | 90 |
| other retail establishments in the same geographic area and does | 91 |
| not result in a de facto prohibition of the commercial sale of | 92 |
| firearms, firearm components, or ammunition for firearms in areas | 93 |
| zoned for commercial, retail, or industrial uses. | 94 |
| Sec. 109.71. There is hereby created in the office of the | 95 |
|
attorney general the Ohio peace officer training commission. The | 96 |
|
commission shall consist of nine members appointed by the governor | 97 |
|
with the advice and consent of the senate and selected as
follows: | 98 |
|
one member representing the public; two members who are
incumbent | 99 |
|
sheriffs; two members who are incumbent chiefs of
police; one | 100 |
|
member from the bureau of criminal identification and | 101 |
|
investigation; one member from the state highway patrol; one | 102 |
|
member who is the special agent in charge of a field office of
the | 103 |
|
federal bureau of investigation in this state; and one member
from | 104 |
|
the department of education, trade and industrial
education | 105 |
|
services, law enforcement training. | 106 |
| (1) A deputy sheriff, marshal, deputy marshal, member of
the | 114 |
|
organized police department of a township or municipal | 115 |
|
corporation, member of a township police district or joint | 116 |
|
township police district police force, member of a police force | 117 |
|
employed by a metropolitan housing authority under division (D)
of | 118 |
|
section 3735.31 of the Revised Code, or township constable,
who is | 119 |
|
commissioned and employed as a peace officer by a
political | 120 |
|
subdivision of this state or by a metropolitan housing
authority, | 121 |
|
and whose primary duties are to preserve the peace, to
protect | 122 |
|
life and property, and to enforce the laws of this state, | 123 |
|
ordinances of a municipal corporation, resolutions of a township, | 124 |
|
or regulations of a board of county commissioners or board of | 125 |
|
township trustees, or any of those laws, ordinances,
resolutions, | 126 |
|
or regulations; | 127 |
| (6) An employee of the department of natural resources who
is | 140 |
| a natural resources law enforcement staff officer designated | 141 |
|
pursuant to
section 1501.013, a park officer designated pursuant | 142 |
|
to
section
1541.10, a
forest officer designated pursuant to | 143 |
|
section 1503.29, a preserve
officer designated pursuant to section | 144 |
|
1517.10, a wildlife officer designated
pursuant to section | 145 |
|
1531.13, or a state watercraft
officer designated pursuant to | 146 |
|
section 1547.521 of the Revised
Code; | 147 |
| (12) A state university law enforcement officer appointed | 162 |
|
under section 3345.04 of the Revised Code or a person serving as a | 163 |
|
state
university law enforcement officer on a permanent basis on | 164 |
|
June 19,
1978, who has been awarded a certificate by the executive | 165 |
|
director of the
Ohio peace officer training
commission
attesting | 166 |
| to
the person's
satisfactory completion of an approved
state, | 167 |
| county,
municipal, or department
of natural resources peace | 168 |
|
officer basic
training program; | 169 |
| (17) A special police officer designated by the | 182 |
|
superintendent of the
state highway patrol pursuant to section | 183 |
|
5503.09 of the Revised Code
or a person who was serving as a | 184 |
|
special police officer pursuant
to that section
on a permanent | 185 |
|
basis on
October 21, 1997, and who has
been awarded a certificate | 186 |
|
by the executive director of the
Ohio peace officer training | 187 |
|
commission attesting to the person's satisfactory completion of
an | 188 |
|
approved state, county, municipal, or department of natural | 189 |
|
resources peace officer basic training program; | 190 |
| (18) A special police officer employed by a port
authority | 191 |
| under section
4582.04 or 4582.28 of the Revised Code
or
a person | 192 |
| serving as a special police officer employed
by a port
authority | 193 |
| on a permanent basis on
May
17, 2000, who has been
awarded a | 194 |
| certificate by the
executive director of the Ohio
peace officer | 195 |
| training
commission
attesting to the person's
satisfactory | 196 |
| completion of an
approved
state, county, municipal,
or department | 197 |
| of natural
resources peace
officer basic training
program; | 198 |
| (19) A special police officer employed by a municipal | 199 |
|
corporation who has been awarded a certificate by the executive | 200 |
|
director of the Ohio peace officer training commission for | 201 |
|
satisfactory completion of an approved peace officer basic | 202 |
|
training program and who is employed on a permanent basis on or | 203 |
|
after March 19, 2003, at a municipal airport,
or other municipal | 204 |
| air navigation facility, that
has scheduled
operations, as defined | 205 |
| in section 119.3 of Title 14
of the Code of
Federal Regulations, | 206 |
| 14 C.F.R. 119.3, as amended,
and that is
required to be under a | 207 |
| security program and is
governed by
aviation security rules of the | 208 |
| transportation security
administration of the United States | 209 |
| department of transportation
as provided in Parts 1542. and 1544. | 210 |
| of Title 49 of the Code of
Federal Regulations, as amended; | 211 |
| (4) A procedure by which a sheriff shall give each license, | 268 |
| replacement license, or renewal license to carry a concealed | 269 |
| handgun and each temporary emergency license or replacement | 270 |
| temporary emergency license to carry a concealed handgun the | 271 |
| sheriff issues under section 2923.125 or 2923.1213 of the Revised | 272 |
| Code a unique combination of letters and numbers that identifies | 273 |
| the county in which the license or temporary emergency license was | 274 |
| issued and that uses the county code and a unique number for each | 275 |
| license and each temporary emergency license the sheriff of that | 276 |
| county issues; | 277 |
|
(c) Provides information to the reader regarding all aspects | 292 |
| of the use of deadly force with a firearm, including, but not | 293 |
| limited to, the steps that should be taken before contemplating | 294 |
| the use of, or using, deadly force with a firearm, possible | 295 |
| alternatives to using deadly force with a firearm, and the law | 296 |
| governing the use of deadly force with a firearm. | 297 |
|
(2) The attorney general shall consult with and assist the | 298 |
| commission in the preparation of the pamphlet described in | 299 |
| division (B)(1) of this section and, as necessary, shall recommend | 300 |
| to the commission changes in the pamphlet to reflect changes in | 301 |
| the law that are relevant to it. The commission
shall make copies | 302 |
| of the pamphlet available to any person, public entity, or private | 303 |
| entity that operates or teaches a training course, class, or | 304 |
| program described in division (B)(3)(a), (b), (c), and (e) of | 305 |
| section 2923.125 of the Revised Code and requests copies for | 306 |
| distribution to persons who take the course, class, or program, | 307 |
| and to sheriffs
for distribution
to
applicants under section | 308 |
| 2923.125 of the
Revised Code for a license to carry a concealed | 309 |
|
handgun and
applicants under that section for the
renewal of a | 310 |
| license to
carry a concealed handgun. | 311 |
|
(b) For an applicant who has been a resident of this state | 326 |
| for less than five years, an amount that shall consist of the | 327 |
| actual cost of having a criminal background check performed by the | 328 |
| federal bureau of investigation, if one is so performed, plus the | 329 |
| lesser of the actual cost of issuing the license, including, but | 330 |
not limited to, the cost of conducting thea criminal records | 331 |
| check, or whichever of the following is applicable: | 332 |
| (D) The Ohio peace officer training commission shall
maintain | 345 |
| statistics with respect to
the issuance, renewal,
suspension, | 346 |
| revocation, and denial of licenses to carry
a
concealed handgun | 347 |
| and the suspension of processing of applications for those | 348 |
|
licenses, and with respect to the issuance, suspension, | 349 |
| revocation, and denial of temporary emergency licenses to carry a | 350 |
| concealed handgun, as
reported by the sheriffs pursuant to | 351 |
| division (C) of
section 2923.129
of the Revised Code. Not later | 352 |
| than the
first
day
of March in each year, the commission shall | 353 |
|
submit a
statistical
report to the governor, the president of the | 354 |
| senate,
and
the
speaker of the house of representatives indicating | 355 |
| the
number of
licenses to carry a concealed handgun that were | 356 |
| issued, renewed, suspended,
revoked, and
denied in the
previous | 357 |
| calendar year, the number
of
applications for those licenses
for | 358 |
| which processing was
suspended
in accordance with division (D)(3) | 359 |
| of
section 2923.125
of the
Revised
Code in the previous calendar | 360 |
| year, and the number of temporary emergency licenses to carry a | 361 |
| concealed handgun that were issued, suspended, revoked, or denied | 362 |
| in the previous calendar year. Nothing in the statistics or the | 363 |
| statistical report shall identify, or enable the identification | 364 |
| of, any individual who was issued or denied a license, for whom a | 365 |
| license was renewed, whose license was suspended or revoked, or | 366 |
| for whom application processing was suspended. The statistics and | 367 |
| the statistical report are public records for the purpose of | 368 |
| section 149.43 of the Revised Code. | 369 |
| Sec. 109.801. (A)(1) Each year, any of the following persons | 372 |
| who are authorized to carry firearms in the course of their | 373 |
| official duties
shall
complete successfully a firearms | 374 |
|
requalification program
approved
by the executive director of the | 375 |
| Ohio peace officer
training
commission in accordance with rules | 376 |
| adopted by
the attorney
general pursuant to section 109.743 of the | 377 |
Revised Code: any peace officer,
sheriff, deputy sheriff, marshal, | 378 |
deputy marshal, township
constable, chief of police or member of | 379 |
| an organized police
department of a municipal corporation or | 380 |
township, chief of
police
or member of a township police district | 381 |
| police force,
superintendent of the state highway patrol, state | 382 |
highway patrol
trooper, special police officer of the state | 383 |
highway patrol
designated under section 5503.09 of the Revised | 384 |
Code, enforcement
agent employed under section 5502.14 of the | 385 |
Revised Code, or chief of police of a university or college police | 386 |
department or state university law enforcement officer appointed | 387 |
under section 3345.04 of the Revised Code; any parole or
probation | 388 |
|
officer who carries a firearm in the course of official
duties; | 389 |
any employee of the department of natural
resources who is
a | 390 |
natural resources law enforcement staff officer, park officer, | 391 |
forest officer, preserve officer, wildlife
officer, or state | 392 |
watercraft officer who carries a firearm in the
course of official | 393 |
duties; the house of representatives sergeant at arms if the house | 394 |
|
of representatives sergeant at arms
has arrest authority pursuant | 395 |
| to division (E)(1) of
section
101.311 of the Revised Code; any | 396 |
| assistant house of representatives sergeant at arms; or
any | 397 |
|
employee of the department of
youth services who is
designated | 398 |
| pursuant to division (A)(2) of
section 5139.53 of the
Revised Code | 399 |
| as being authorized to carry a firearm
while on duty
as
described | 400 |
in that division; or a special police officer
employed by a | 401 |
municipal corporation at a municipal airport or
other municipal | 402 |
air navigation facility described in division
(A)(19) of section | 403 |
109.71 of the Revised Code. | 404 |
| Sec. 311.41. (A)(1) Upon receipt of an application for a | 415 |
|
license to carry a concealed handgun under division (C) of section | 416 |
|
2923.125 of the Revised Code, an application to renew a license
to | 417 |
| carry a concealed handgun under division (F) of that section, or | 418 |
| an application for a temporary emergency license to carry a | 419 |
| concealed handgun under section 2923.1213 of the Revised Code,
the | 420 |
| sheriff shall conduct a criminal records check and an incompetency | 421 |
| check of
the
applicant to determine whether the applicant fails to | 422 |
| meet the
criteria described in division (D)(1) of section 2923.125 | 423 |
| of the
Revised Code. The sheriff shall conduct the criminal | 424 |
| records check and the incompetency records check required by this | 425 |
| division through use of an electronic fingerprint reading device | 426 |
| or, if the sheriff does not possess and does not have ready access | 427 |
| to the use of an electronic fingerprint reading device, by | 428 |
| requesting the bureau of criminal identification and investigation | 429 |
to conduct the checks as described in this division. In | 430 |
| In order to conduct
the criminal records check and the | 431 |
| incompetency records check, the sheriff shall
obtain the | 432 |
fingerprints of
not more thanat least four fingers of the | 433 |
| applicant by using an
electronic fingerprint reading device for | 434 |
| the purpose of
conducting the criminal records check and the | 435 |
| incompetency records check or, if the sheriff does not possess and | 436 |
| does not have ready access to the use of an electronic fingerprint | 437 |
| reading device, shall obtain from the applicant a completed | 438 |
| standard fingerprint impression sheet prescribed pursuant to | 439 |
| division (C)(2) of section 109.572 of the Revised Code. The | 440 |
| fingerprints so obtained, along with the applicant's social | 441 |
| security number, shall be used to conduct the criminal records | 442 |
| check and the incompetency records check. If the sheriff does not | 443 |
| use an electronic fingerprint reading device to obtain the | 444 |
| fingerprints and conduct the records checks, the sheriff shall | 445 |
| submit the completed standard fingerprint impression sheet of the | 446 |
| applicant, along with the applicant's social security number, to | 447 |
| the superintendent of the bureau of criminal identification and | 448 |
| investigation and shall request the bureau to conduct the criminal | 449 |
| records check and the incompetency records check of the applicant | 450 |
| and, if necessary, shall request the superintendent of the bureau | 451 |
| to obtain information from the federal bureau of investigation as | 452 |
| part of the criminal records check for the applicant. If it is not | 453 |
| possible to use an electronic fingerprint reading device to | 454 |
| conduct an incompetency records check, the sheriff shall submit | 455 |
| the completed standard fingerprint impression sheet of the | 456 |
| applicant, along with the applicant's social security number, to | 457 |
| the superintendent of the bureau of criminal identification and | 458 |
| investigation and shall request the bureau to conduct the | 459 |
| incompetency records check. The sheriff shall not retain the | 460 |
| applicant's fingerprints as part of the application. | 461 |
| (2) Except as otherwise provided in this division, if at any | 462 |
|
time the applicant decides not to continue with the application | 463 |
|
process, the sheriff immediately shall cease any investigation | 464 |
|
that is being conducted under division (A)(1) of this
section. The | 465 |
| sheriff shall not cease that investigation if, at the time of the | 466 |
| applicant's decision not to continue
with the application process, | 467 |
| the sheriff had determined from any
of the sheriff's | 468 |
| investigations that the applicant then was
engaged in activity of | 469 |
| a criminal nature. | 470 |
|
(B) If a criminal records check and an incompetency records | 471 |
| check conducted under
division
(A) of this section do not indicate | 472 |
| that the applicant fails to
meet
the criteria
described in | 473 |
| division (D)(1) of section 2923.125
of
the Revised
Code, except as | 474 |
| otherwise provided in this division, the sheriff shall destroy or | 475 |
| cause a
designated
employee to
destroy all records other than the | 476 |
|
application for a
license to
carry a concealed handgun, the | 477 |
|
application to renew a
license to
carry a concealed handgun, or | 478 |
| the affidavit submitted regarding an application for a temporary | 479 |
| emergency license to carry a concealed handgun that
were made in | 480 |
| connection
with the
criminal
records check and incompetency | 481 |
| records check within
twenty days after
conducting the
criminal | 482 |
|
records check and incompetency records check. If an applicant | 483 |
| appeals a denial of an application as described in division (D) | 484 |
| (2) of section 2923.125 of the Revised Code or challenges the | 485 |
| results of a criminal records check pursuant to section 2923.127 | 486 |
| of the Revised Code, records of fingerprints of the applicant | 487 |
| shall not be destroyed during the pendency of the appeal or the | 488 |
| challenge and review. When an applicant appeals a denial as | 489 |
| described in that division, the twenty-day period described in | 490 |
| this division commences regarding the fingerprints upon the | 491 |
| determination of the appeal. When
required as a result of a | 492 |
| challenge and review performed pursuant to section
2923.127 of the | 493 |
|
Revised
Code, the source the
sheriff used in
conducting the | 494 |
|
criminal records check shall
destroy or the chief
operating | 495 |
|
officer of the source shall cause
an employee of the
source | 496 |
|
designated by the chief to
destroy all
records other than
the | 497 |
|
application for a license to carry a
concealed handgun, the | 498 |
|
application to renew a license to carry a
concealed handgun, or | 499 |
| the affidavit submitted regarding an application for a temporary | 500 |
| emergency license to carry a concealed handgun that
were made in | 501 |
| connection with the criminal
records check within twenty days | 502 |
| after completion of that challenge and review. | 503 |
|
(C) If division (B) of this section applies to a particular | 504 |
|
criminal records check or incompetency records check, no sheriff, | 505 |
| employee of a sheriff
designated by the sheriff to destroy records | 506 |
| under that division,
source the sheriff used in conducting the | 507 |
| criminal records
check or incompetency records check,
or employee | 508 |
| of the source designated by the
chief operating
officer of the | 509 |
| source to destroy records under that division shall
fail
to | 510 |
| destroy or cause to be destroyed within the applicable
twenty-day | 511 |
| period specified in that division all records other
than the | 512 |
| application for a license to carry a concealed handgun,
the | 513 |
| application to renew a license to carry a concealed handgun, or | 514 |
| the affidavit submitted regarding an application for a temporary | 515 |
| emergency license to carry a concealed handgun
made in
connection | 516 |
| with the particular criminal records check or incompetency records | 517 |
| check. | 518 |
| (E)(1) The affirmative defenses
authorized in
divisions | 540 |
|
(D)(1)
and (2) of section 2923.12 of the
Revised Code are | 541 |
| affirmative
defenses to a charge under division
(C) or (D) of this | 542 |
| section that involves a firearm other than a handgun. It is an | 543 |
| affirmative defense to a charge under division (C) or (D) of this | 544 |
| section of transporting or having a firearm of any type, including | 545 |
| a handgun, in a vessel that the actor transported or had the | 546 |
| firearm in the vessel for any lawful purpose and while the vessel | 547 |
| was on the actor's own property, provided that this affirmative | 548 |
| defense is not available unless the actor, prior to arriving at | 549 |
| the vessel on the actor's own property, did not transport or | 550 |
| possess the firearm in the vessel or in a motor vehicle in a | 551 |
| manner prohibited by this section or division (B) or (C) of | 552 |
| section 2923.16 of the Revised Code while the vessel was being | 553 |
| operated on a waterway that was not on the actor's own property or | 554 |
| while the motor vehicle was being operated on a street, highway, | 555 |
| or other public or private property used by the public for | 556 |
| vehicular traffic. | 557 |
| (F) Divisions (B), (C), and (D) of this section do not
apply | 563 |
|
to the possession or discharge of a United States coast
guard | 564 |
|
approved signaling device required to be carried aboard a
vessel | 565 |
|
under section 1547.251 of the Revised Code when the
signaling | 566 |
|
device is possessed or used for the purpose of giving a
visual | 567 |
|
distress signal. No person shall knowingly transport or
possess | 568 |
|
any
signaling device
of that nature in or on a vessel in a
loaded | 569 |
|
condition at any time other than immediately prior to the | 570 |
|
discharge of the signaling device for the purpose of giving a | 571 |
|
visual distress signal. | 572 |
(a) An officer, agentsagent, or
employeesemployee of this | 577 |
| or any other state or of the United States, or
to a law | 578 |
enforcement officersofficer, when authorized to carry or have | 579 |
|
loaded or accessible firearms in a vessel and acting within the | 580 |
scope of theirthe officer's, agent's, or employee's duties,
and | 581 |
this section does not apply to
persons; | 582 |
| (2) Divisions (C) and
(D) of this
section do not
apply to a | 591 |
| person who transports or possesses a
handgun in a
vessel and who, | 592 |
| at the time of that transportation or
possession, is carrying a | 593 |
| valid license or temporary emergency license to carry a concealed | 594 |
|
handgun issued to the person under section 2923.125 or 2923.1213 | 595 |
| of the
Revised
Code or a license to carry a concealed handgun that | 596 |
| was issued by another state with which the attorney general has | 597 |
| entered into a reciprocity agreement under section 109.69 of the | 598 |
| Revised Code, unless
the person
knowingly is in a place on the | 599 |
| vessel
described in
division
(B) of section 2923.126 of the | 600 |
|
Revised
Code. | 601 |
| (I) If a law enforcement officer stops a vessel for a | 602 |
| violation of this section or any other law enforcement purpose, if | 603 |
| any person on the vessel surrenders a firearm to the officer, | 604 |
| either voluntarily or pursuant to a request or demand of the | 605 |
| officer, and if the officer does not charge the person with a | 606 |
| violation of this section or arrest the person for any offense, | 607 |
| the person is not otherwise prohibited by law from possessing the | 608 |
| firearm, and the firearm is not contraband, the officer shall | 609 |
| return the firearm to the person at the termination of the stop. | 610 |
| (D) Whoever violates this section is guilty of felonious | 635 |
| assault,
a felony of
the second degree. If the victim of a | 636 |
| violation of
division (A) of this section is a peace officer or an | 637 |
| investigator of the bureau of criminal identification and | 638 |
| investigation, felonious assault
is a
felony
of the first degree. | 639 |
If the victim of the offense is a peace officer, as
defined in | 640 |
section 2935.01 of the Revised Codeor an investigator of the | 641 |
| bureau of criminal identification and investigation, and if the | 642 |
| victim suffered
serious physical harm as a result of the | 643 |
| commission of the offense, felonious
assault is a felony of the | 644 |
| first degree, and the court, pursuant to division
(F) of section | 645 |
| 2929.13 of the Revised Code, shall impose as a mandatory prison | 646 |
|
term one of the prison terms prescribed for a felony of the first | 647 |
| degree. | 648 |
| (3) "Sexual conduct" has the same meaning as in section | 654 |
| 2907.01 of the Revised Code,
except that, as used in this section, | 655 |
| it does not include the insertion of an
instrument, apparatus, or | 656 |
| other object that is not a part of the body into the
vaginal or | 657 |
| anal opening of another, unless the offender knew at the time of | 658 |
| the
insertion that the instrument, apparatus, or other object | 659 |
| carried the
offender's bodily fluid. | 660 |
| (B) Whoever violates this section is guilty of aggravated | 680 |
|
assault, a felony of the fourth degree. If the victim of the | 681 |
offense is a peace officer, as defined in section 2935.01 of the | 682 |
Revised Codeor an investigator of the bureau of criminal | 683 |
| identification and investigation, aggravated assault is a felony | 684 |
| of the third
degree. If the victim of the offense is a peace | 685 |
officer, as
defined in section 2935.01 of the Revised Codeor an | 686 |
| investigator of the bureau of criminal identification and | 687 |
| investigation, and if the
victim suffered serious physical harm as | 688 |
| a result of the commission of the
offense, aggravated assault is a | 689 |
| felony of the third degree, and the court,
pursuant to division | 690 |
| (F) of section 2929.13 of the Revised
Code, shall impose as a | 691 |
| mandatory prison term one of the prison terms
prescribed for a | 692 |
| felony of the third degree. | 693 |
| (1) Except as otherwise provided in this division, if the | 707 |
|
offense is committed by a caretaker against a
functionally | 708 |
|
impaired person under the caretaker's care, assault is
a felony
of | 709 |
|
the fourth degree. If the offense is committed by a caretaker | 710 |
|
against a functionally impaired person under the caretaker's care, | 711 |
|
if the
offender previously has been convicted of or pleaded guilty | 712 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 713 |
|
the
Revised Code, and if in relation to the previous conviction | 714 |
|
the
offender was a caretaker and the victim was a functionally | 715 |
|
impaired person under the offender's care, assault is a felony of | 716 |
|
the third degree. | 717 |
| (a) The offense occurs in or on the grounds of a state | 720 |
|
correctional institution or an institution of the department of | 721 |
|
youth services, the victim of the offense is an employee of the | 722 |
|
department of rehabilitation and correction, the department of | 723 |
|
youth services, or a probation department or is on the premises
of | 724 |
|
the particular institution for business purposes or as a
visitor, | 725 |
|
and the offense is committed by a person incarcerated in
the state | 726 |
|
correctional institution, by a person institutionalized in
the | 727 |
|
department of youth services institution pursuant to a
commitment | 728 |
|
to the department of youth services, by a
parolee,
by an offender | 729 |
| under transitional
control, under
a community
control sanction, or | 730 |
| on an escorted visit, by a person under
post-release control,
or | 731 |
| by an
offender under any other type of
supervision by a government | 732 |
| agency. | 733 |
| (b) The offense occurs in or on the grounds of a local | 734 |
|
correctional facility, the victim of the offense is an employee
of | 735 |
|
the local correctional facility or a probation department or
is on | 736 |
|
the premises of the facility for business purposes or as a | 737 |
|
visitor, and the offense is committed by a person who is under | 738 |
|
custody in the facility subsequent to the person's arrest for any | 739 |
|
crime or
delinquent act, subsequent to the person's being charged | 740 |
|
with or
convicted
of any crime, or subsequent to the person's | 741 |
|
being alleged to be or
adjudicated a delinquent child. | 742 |
| (c) The offense occurs off the grounds of a state | 743 |
|
correctional institution and off the grounds of an institution of | 744 |
|
the department of youth services, the victim of the offense is an | 745 |
|
employee of the department of rehabilitation and correction, the | 746 |
|
department of youth services, or a probation department, the | 747 |
|
offense occurs during the employee's official work hours and
while | 748 |
|
the employee is engaged in official work responsibilities, and
the | 749 |
|
offense is committed by a person incarcerated in a state | 750 |
|
correctional institution or institutionalized in the department
of | 751 |
|
youth services who temporarily is outside of the institution
for | 752 |
|
any purpose, by a
parolee,
by an offender under
transitional | 753 |
| control, under a
community control sanction, or on an
escorted | 754 |
| visit, by a person under
post-release control, or by an
offender | 755 |
| under any other type of supervision by
a government
agency. | 756 |
| (d) The offense occurs off the grounds of a local | 757 |
|
correctional facility, the victim of the offense is an employee
of | 758 |
|
the local correctional facility or a probation department, the | 759 |
|
offense occurs during the employee's official work hours and
while | 760 |
|
the employee is engaged in official work responsibilities, and
the | 761 |
|
offense is committed by a person who is under custody in the | 762 |
|
facility subsequent to the person's arrest for any crime or | 763 |
|
delinquent
act, subsequent to the person being charged with or | 764 |
|
convicted of any
crime, or subsequent to the person being alleged | 765 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 766 |
|
outside of the facility
for any purpose or by a
parolee, by an | 767 |
| offender under
transitional control, under a
community
control | 768 |
| sanction, or on an escorted visit, by a person
under post-release | 769 |
|
control, or by an offender under any other type
of supervision by | 770 |
| a government
agency. | 771 |
| (e) The victim of the offense is a school teacher or | 772 |
|
administrator or a
school bus operator, and the offense occurs in | 773 |
|
a school, on school premises,
in a school
building, on a school | 774 |
|
bus, or while the victim is outside of school premises
or a school | 775 |
|
bus and is engaged in duties or official
responsibilities | 776 |
|
associated with the victim's employment or position
as a school | 777 |
|
teacher or
administrator or a school bus operator, including, but | 778 |
|
not limited to,
driving, accompanying, or chaperoning students at | 779 |
|
or on class or field trips,
athletic events, or other school | 780 |
|
extracurricular activities or functions
outside of school | 781 |
|
premises. | 782 |
| (4) If the victim of the offense is a peace officer or an | 788 |
| investigator of the bureau of criminal identification and | 789 |
| investigation and if
the victim
suffered serious physical harm as | 790 |
| a result of the
commission of the offense,
assault is a felony of | 791 |
| the fourth
degree, and the court, pursuant to division
(F) of | 792 |
| section 2929.13
of the Revised Code, shall
impose as a mandatory | 793 |
| prison term one
of the prison terms prescribed for a
felony of the | 794 |
| fourth degree
that is at least twelve months in duration. | 795 |
| (5) If the victim of the offense is an officer or employee
of | 796 |
| a public
children services agency or a private child placing | 797 |
|
agency and the offense
relates to the officer's or employee's | 798 |
|
performance or anticipated performance
of official | 799 |
|
responsibilities or duties, assault is either a felony of the | 800 |
|
fifth degree
or, if the offender previously has been convicted of | 801 |
|
or pleaded guilty
to an offense of violence, the victim of that | 802 |
|
prior offense was an officer or
employee of a public children | 803 |
|
services agency or private child placing agency,
and that prior | 804 |
|
offense related to the officer's or employee's performance or | 805 |
|
anticipated performance of official responsibilities or duties, a | 806 |
|
felony of
the fourth degree. | 807 |
| (4) "Local correctional facility" means a county, | 815 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 816 |
|
jail or workhouse, a minimum security
jail established under | 817 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 818 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 819 |
|
facility used for the
custody of persons arrested for any crime or | 820 |
|
delinquent act,
persons charged with or convicted of any crime, or | 821 |
|
persons
alleged to be or adjudicated a delinquent child. | 822 |
| (A) "Deception" means knowingly deceiving another or
causing | 850 |
|
another to be deceived by any false or misleading
representation, | 851 |
|
by withholding information, by preventing another
from acquiring | 852 |
|
information, or by any other conduct, act, or
omission that | 853 |
|
creates, confirms, or perpetuates a false
impression in another, | 854 |
|
including a false impression as to law,
value, state of mind, or | 855 |
|
other objective or subjective fact. | 856 |
| (D) "Owner" means, unless the context requires a different | 871 |
|
meaning, any person, other than the actor, who is
the owner of, | 872 |
|
who has possession or control of, or who has
any license
or | 873 |
|
interest in property or services, even though the ownership, | 874 |
|
possession, control, license, or interest is unlawful. | 875 |
| (E) "Services" include labor, personal services,
professional | 876 |
| services, public utility services including wireless service as | 877 |
| defined in division (F)(1) of section 4931.40 of the Revised Code, | 878 |
| common carrier
services, and food, drink, transportation, | 879 |
| entertainment, and
cable television services
and, for purposes of | 880 |
| section 2913.04 of
the Revised Code, include cable services as | 881 |
| defined in that
section. | 882 |
| (F) "Writing" means any computer software, document,
letter, | 883 |
|
memorandum, note, paper, plate, data, film, or other
thing having | 884 |
|
in or upon it any written, typewritten, or printed
matter, and any | 885 |
|
token, stamp, seal, credit card,
badge, trademark, label, or other | 886 |
|
symbol of value, right,
privilege, license, or identification. | 887 |
| (1) A violation of section 2911.01, 2911.02, 2911.11, | 906 |
|
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 907 |
|
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 908 |
|
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 909 |
|
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 910 |
|
2915.05,
or 2921.41 of the Revised Code; | 911 |
| (M) "Computer" means an electronic device that performs | 929 |
|
logical, arithmetic, and memory functions by the manipulation of | 930 |
|
electronic or magnetic impulses. "Computer" includes, but is not | 931 |
|
limited to, all input, output, processing, storage, computer | 932 |
|
program, or communication facilities that are connected, or | 933 |
|
related, in a computer system or network to an electronic
device | 934 |
|
of that nature. | 935 |
| (N) "Computer system" means a computer and related
devices, | 936 |
|
whether connected or unconnected, including, but not
limited to, | 937 |
|
data input, output, and storage devices, data
communications | 938 |
|
links, and computer programs and data that make
the system capable | 939 |
|
of performing specified special purpose data
processing tasks. | 940 |
| (R) "Data" means a representation of information,
knowledge, | 952 |
|
facts, concepts, or instructions that are being or
have been | 953 |
|
prepared in a formalized manner and that are intended
for use in a | 954 |
|
computer, computer system, or computer
network. For
purposes
of | 955 |
|
section 2913.47 of the Revised Code, "data" has the additional | 956 |
|
meaning set forth in division (A) of that section. | 957 |
| (U) "Credit card" includes, but is not limited to, a card, | 969 |
|
code, device, or other means of access to a customer's account
for | 970 |
|
the purpose of obtaining money, property, labor, or services
on | 971 |
|
credit, or for initiating an electronic fund transfer at a | 972 |
|
point-of-sale terminal, an automated teller machine, or a cash | 973 |
|
dispensing machine. It also includes a county procurement card | 974 |
| issued under section 301.29 of the Revised Code. | 975 |
| (X) "Telecommunication" means the origination,
emission, | 985 |
|
dissemination, transmission, or reception of data, images, | 986 |
|
signals,
sounds, or other intelligence or equivalence of | 987 |
|
intelligence of
any nature over any communications system by any | 988 |
|
method,
including, but not limited to, a fiber optic, electronic, | 989 |
|
magnetic, optical, digital, or analog method. | 990 |
| (Y) "Telecommunications
device" means any instrument, | 991 |
|
equipment, machine, or other
device that facilitates | 992 |
|
telecommunication, including, but not
limited to, a computer, | 993 |
|
computer network, computer chip, computer
circuit, scanner, | 994 |
|
telephone, cellular telephone, pager, personal
communications | 995 |
|
device, transponder, receiver, radio, modem, or
device that | 996 |
|
enables the use of a modem. | 997 |
| (AA) "Counterfeit
telecommunications device" means a | 1002 |
|
telecommunications device that,
alone or with another | 1003 |
|
telecommunications device, has been altered,
constructed, | 1004 |
|
manufactured, or programmed to acquire, intercept, receive, or | 1005 |
|
otherwise facilitate the use of a telecommunications service or | 1006 |
|
information
service without the
authority or consent of the | 1007 |
|
provider of the telecommunications
service or information service. | 1008 |
|
"Counterfeit telecommunications device"
includes, but
is not | 1009 |
|
limited to, a clone telephone, clone microchip, tumbler
telephone, | 1010 |
|
or tumbler microchip; a wireless scanning device
capable of | 1011 |
|
acquiring, intercepting, receiving, or otherwise
facilitating the | 1012 |
|
use of telecommunications service or information service
without | 1013 |
|
immediate detection; or a device, equipment, hardware, or software | 1014 |
|
designed for, or capable of, altering or changing the electronic | 1015 |
|
serial number
in a wireless telephone. | 1016 |
| (BB)(1) "Information
service" means, subject to division | 1017 |
|
(BB)(2) of this section, the
offering of a capability for | 1018 |
|
generating, acquiring, storing,
transforming, processing, | 1019 |
|
retrieving, utilizing, or making
available information via | 1020 |
|
telecommunications, including, but not
limited to, electronic | 1021 |
|
publishing. | 1022 |
| (DD) "Disabled adult" means a person who is eighteen years
of | 1029 |
| age
or older
and has some impairment of body or mind that makes | 1030 |
|
the person unable to work
at any substantially remunerative | 1031 |
|
employment that the person
otherwise would be able to perform and | 1032 |
|
that will, with reasonable
probability, continue for a period of | 1033 |
|
at least twelve months
without any present indication of recovery | 1034 |
|
from the impairment, or who is
eighteen years of age or older and | 1035 |
|
has been certified as permanently and
totally disabled by an | 1036 |
|
agency
of this state or the United States that has the function of | 1037 |
|
so classifying persons. | 1038 |
| (b) Misusing computer or network services including, but not | 1052 |
| limited to, mail transfer programs, file transfer programs, proxy | 1053 |
| servers, and web servers by performing functions not authorized by | 1054 |
| the owner of the computer, computer system, or computer network or | 1055 |
| other person authorized to give consent. As used in this division, | 1056 |
| "misuse of computer and network services" includes, but is not | 1057 |
| limited to, the unauthorized use of any of the following: | 1058 |
| (c)(i) Subject to division (II)(1)(c)(ii) of this section, | 1065 |
| using a group of computer programs commonly known as "port | 1066 |
| scanners" or "probes" to intentionally access any computer, | 1067 |
| computer system, or computer network without the permission of the | 1068 |
| owner of the computer, computer system, or computer network or | 1069 |
| other person authorized to give consent. The group of computer | 1070 |
| programs referred to in this division includes, but is not limited | 1071 |
| to, those computer programs that use a computer network to access | 1072 |
| a computer, computer system, or another computer network to | 1073 |
| determine any of the following: the presence or types of computers | 1074 |
| or computer systems on a network; the computer network's | 1075 |
| facilities and capabilities; the availability of computer or | 1076 |
| network services; the presence or versions of computer software | 1077 |
| including, but not limited to, operating systems, computer | 1078 |
| services, or computer contaminants; the presence of a known | 1079 |
| computer software deficiency that can be used to gain unauthorized | 1080 |
| access to a computer, computer system, or computer network; or any | 1081 |
| other information about a computer, computer system, or computer | 1082 |
| network not necessary for the normal and lawful operation of the | 1083 |
| computer initiating the access. | 1084 |
| (ii) The group of computer programs referred to in division | 1085 |
| (II)(1)(c)(i) of this section does not include standard computer | 1086 |
| software used for the normal operation, administration, | 1087 |
| management, and test of a computer, computer system, or computer | 1088 |
| network including, but not limited to, domain name services, mail | 1089 |
| transfer services, and other operating system services, computer | 1090 |
| programs commonly called "ping," "tcpdump," and "traceroute" and | 1091 |
| other network monitoring and management computer software, and | 1092 |
| computer programs commonly known as "nslookup" and "whois" and | 1093 |
| other systems administration computer software. | 1094 |
| (2) Except as otherwise
provided in this division or
division | 1128 |
| (B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of | 1129 |
|
this section is petty theft, a
misdemeanor of the first degree.
If | 1130 |
| the value of the property or
services stolen is five hundred | 1131 |
|
dollars or more and is less than
five thousand dollars or if the | 1132 |
|
property stolen is any of the
property listed in section 2913.71 | 1133 |
|
of the Revised Code, a
violation of this section is theft, a | 1134 |
|
felony of the fifth
degree. If the value of the property or | 1135 |
|
services stolen is five
thousand dollars or more and is less than | 1136 |
|
one hundred thousand
dollars, a violation of this
section is grand | 1137 |
|
theft, a felony of the fourth degree. If the value of the
property | 1138 |
| or
services stolen is one hundred thousand dollars or
more and is | 1139 |
| less than five hundred thousand dollars, a
violation of this | 1140 |
| section is aggravated theft, a felony of
the
third degree.
If the | 1141 |
| value of the property or services is five hundred thousand dollars | 1142 |
| or more and is less than one million dollars, a violation of this | 1143 |
| section is aggravated theft, a felony of the second degree. If the | 1144 |
| value of the property or services
stolen is one million dollars or | 1145 |
| more, a violation of this section
is aggravated theft of one | 1146 |
| million dollars or more, a felony of
the first degree. | 1147 |
| (3) Except as otherwise provided in division (B)(4),
(5), | 1148 |
|
(6), (7), or (8)
of this section, if the victim of the offense is | 1149 |
| an elderly
person or
disabled adult, a violation
of this section | 1150 |
| is theft
from an elderly person or disabled adult, and
division | 1151 |
| (B)(3) of
this section applies. Except as
otherwise provided in | 1152 |
| this
division, theft from an elderly person or disabled
adult is a | 1153 |
|
felony of the fifth degree. If the value of the property or | 1154 |
|
services stolen is five hundred dollars or more and is less than | 1155 |
|
five thousand dollars, theft from an elderly person or disabled | 1156 |
|
adult is a felony of the fourth degree. If the value of the | 1157 |
|
property or services stolen is five thousand dollars or more and | 1158 |
|
is less than twenty-five thousand dollars, theft from an elderly | 1159 |
|
person or disabled adult is a felony of the third degree. If the | 1160 |
|
value of the property or services stolen is twenty-five thousand | 1161 |
|
dollars or more and is less than one hundred thousand dollars, | 1162 |
|
theft from an elderly person or disabled adult is
a felony of the | 1163 |
|
second degree. If the value of the property or services stolen is | 1164 |
| one hundred thousand dollars or more, theft from an elderly person | 1165 |
| or disabled adult is a felony of the first degree. | 1166 |
| (4) If the property stolen is a firearm or dangerous | 1167 |
ordnance,
a violation of
this section is grand theft,. Except as | 1168 |
| otherwise provided in this division, grand theft when the property | 1169 |
| stolen is a firearm or dangerous ordnance is a felony of
the third | 1170 |
| degree, and there is a presumption in favor of the court imposing | 1171 |
| a prison term for the offense. If the firearm or dangerous | 1172 |
| ordnance was stolen from a federally licensed firearms dealer, | 1173 |
| grand theft when the property stolen is a firearm or dangerous | 1174 |
| ordnance is a felony of the first degree. The offender shall serve | 1175 |
thea prison term imposed for grand theft when the property stolen | 1176 |
| is a firearm or dangerous ordnance consecutively to any other | 1177 |
| prison term or mandatory prison term previously or subsequently | 1178 |
| imposed upon the offender. | 1179 |
|
(b) If the offender's driver's license, probationary
driver's | 1207 |
| license, commercial driver's license, temporary
instruction | 1208 |
| permit, or nonresident operating privilege has
previously been | 1209 |
| suspended pursuant to division (B)(9)(a) of this
section, impose a | 1210 |
| class seven suspension of the offender's license, permit, or | 1211 |
| privilege from the range specified in division (A)(7) of section | 1212 |
| 4510.02 of the Revised Code, provided that the suspension shall be | 1213 |
| for at least six months. | 1214 |
|
(3) If the person is stopped for a law enforcement purpose, | 1246 |
| if the person is carrying a concealed handgun, and if the person | 1247 |
| is approached by any law enforcement officer while stopped, | 1248 |
| knowingly remove or attempt to remove the loaded handgun from the | 1249 |
| holster, pocket, or other place in which the person is carrying | 1250 |
| it, knowingly grasp or hold the loaded handgun, or knowingly have | 1251 |
| contact with the loaded handgun by touching it with the person's | 1252 |
| hands or fingers at any time after the law enforcement officer | 1253 |
| begins approaching and before the law enforcement officer leaves, | 1254 |
| unless the person removes, attempts to remove, grasps, holds, or | 1255 |
| has contact with the loaded handgun pursuant to and in accordance | 1256 |
| with directions given by the law enforcement officer; | 1257 |
| (b) Any person who is employed in this state, who is | 1272 |
| authorized to carry concealed weapons or dangerous ordnance or is | 1273 |
| authorized to carry handguns, and who is subject to and in | 1274 |
| compliance with the requirements of section 109.801 of the Revised | 1275 |
| Code, unless the appointing authority of the person has expressly | 1276 |
| specified that the exemption provided in division (C)(1)(b) of | 1277 |
| this section does not apply to the person. | 1278 |
(b) A
person who, at
the time of the
alleged carrying or | 1285 |
|
possession of a handgun, is
carrying a valid
license or temporary | 1286 |
| emergency license to carry a
concealed handgun issued to
the | 1287 |
| person under
section
2923.125 or 2923.1213 of
the Revised
Code or | 1288 |
| a license to carry a concealed handgun that was issued by another | 1289 |
| state with which the attorney general has entered into a | 1290 |
| reciprocity agreement under section 109.69 of the Revised Code, | 1291 |
| unless the
person
knowingly
is in a place
described in division | 1292 |
|
(B) of
section 2923.126 of the
Revised
Code. | 1293 |
| (E) It is an affirmative defense to a charge under division | 1318 |
| (A) of this section of carrying or having control of a handgun | 1319 |
| other than a dangerous ordnance that the actor was not otherwise | 1320 |
| prohibited by law from having the handgun and that the handgun was | 1321 |
| carried or kept ready at hand by the actor for any lawful purpose | 1322 |
| and while in the actor's own home, provided that this affirmative | 1323 |
| defense is not available unless the actor, prior to arriving at | 1324 |
| the actor's own home, did not transport or possess the handgun in | 1325 |
| a motor vehicle in a manner prohibited by division (B) or (C) of | 1326 |
| section 2923.16 of the Revised Code while the motor vehicle was | 1327 |
| being operated on a street, highway, or other public or private | 1328 |
| property used by the public for vehicular traffic. | 1329 |
| (G)(1) Whoever violates this
section is guilty of carrying | 1335 |
|
concealed weapons. Except as otherwise provided in this division | 1336 |
| or division (G)(2) of this section, carrying concealed weapons in | 1337 |
| violation of division (A) of this section is a misdemeanor of the | 1338 |
| first degree. Except as otherwise provided in this division or | 1339 |
| division (G)(2) of this section, if the
offender previously has | 1340 |
| been convicted of a violation of this
section or of any offense of | 1341 |
| violence, if the weapon involved is a
firearm
that is
either | 1342 |
| loaded or for which the offender has
ammunition ready at
hand, or | 1343 |
| if the weapon involved is dangerous
ordnance,
carrying concealed | 1344 |
| weapons in violation of division (A) of this section is a felony | 1345 |
| of the
fourth
degree. Except as otherwise provided in division | 1346 |
| (G)(2) of this section, if the weapon involved is a firearm and | 1347 |
| the violation
of
this
section is committed at premises for which a | 1348 |
| D permit
has
been issued
under Chapter 4303. of the Revised
Code | 1349 |
| or if
the
offense is committed aboard an aircraft, or with purpose | 1350 |
| to
carry
a concealed weapon aboard an aircraft, regardless of the | 1351 |
|
weapon
involved, carrying concealed weapons
in violation of | 1352 |
| division (A) of this section is a
felony of the
third degree. | 1353 |
| (2) If a person being arrested for a violation of division | 1354 |
| (A)(2) of this section promptly produces a valid license or | 1355 |
| temporary emergency license to carry a concealed handgun issued | 1356 |
| under section 2923.125 or 2923.1213 of the Revised Code or a | 1357 |
| license to carry a concealed handgun that was issued by another | 1358 |
| state with which the attorney general has entered into a | 1359 |
| reciprocity agreement under section 109.69 of the Revised Code, | 1360 |
| and if at the time of the violation the person was not knowingly | 1361 |
| in a place described in division (B) of section 2923.126 of the | 1362 |
| Revised Code, the officer shall not arrest the person for a | 1363 |
| violation of that division. If the person is not able to promptly | 1364 |
| produce any of those types of license and if the person is not in | 1365 |
| a place described in that section, the officer may arrest the | 1366 |
| person for a violation of that division, and the offender shall be | 1367 |
| punished as follows: | 1368 |
| (i) Within ten days after the arrest, the offender presents a | 1371 |
| license or temporary emergency license to carry a concealed | 1372 |
| handgun issued under section 2923.125 or 2923.1213 of the Revised | 1373 |
| Code or a license to carry a concealed handgun that was issued by | 1374 |
| another state with which the attorney general has entered into a | 1375 |
| reciprocity agreement under section 109.69 of the Revised Code, | 1376 |
| which license was valid at the time of the arrest to the law | 1377 |
| enforcement agency that employs the arresting officer. | 1378 |
| (i) The offender previously had been issued a license to | 1384 |
| carry a concealed handgun under section 2923.125 of the Revised | 1385 |
| Code or a license to carry a concealed handgun that was issued by | 1386 |
| another state with which the attorney general has entered into a | 1387 |
| reciprocity agreement under section 109.69 of the Revised Code and | 1388 |
| that was similar in nature to a license issued under section | 1389 |
| 2923.125 of the Revised Code, and that license expired within the | 1390 |
| two years immediately preceding the arrest. | 1391 |
| (4) Carrying concealed weapons in violation of division | 1411 |
| (B)(2) or (4) of this section is a misdemeanor of the first degree | 1412 |
| or, if the offender previously has been convicted of or pleaded | 1413 |
| guilty to a violation of division (B)(2) or (4) of this section, a | 1414 |
| felony of the fifth degree. In addition to any other penalty or | 1415 |
| sanction imposed for a misdemeanor violation of division (B)(2) or | 1416 |
| (4) of this section, the offender's license or temporary emergency | 1417 |
| license to carry a concealed handgun shall be suspended pursuant | 1418 |
| to division (A)(2) of section 2923.128 of the Revised Code. | 1419 |
| (H) If a law enforcement officer stops a person to question | 1422 |
| the person regarding a possible violation of this section, for a | 1423 |
| traffic stop, or for any other law enforcement purpose, if the | 1424 |
| person surrenders a firearm to the officer, either voluntarily or | 1425 |
| pursuant to a request or demand of the officer, and if the officer | 1426 |
| does not charge the person with a violation of this section or | 1427 |
| arrest the person for any offense, the person is not otherwise | 1428 |
| prohibited by law from possessing the firearm, and the firearm is | 1429 |
| not contraband, the officer shall return the firearm to the person | 1430 |
| at the termination of the stop. | 1431 |
| (4) This section does not apply to any person possessing
or | 1460 |
|
displaying firearms in any room used to exhibit unloaded
firearms | 1461 |
|
for sale or trade in a soldiers' memorial established
pursuant to | 1462 |
|
Chapter 345. of the Revised Code, in a convention
center, or in | 1463 |
|
any other public meeting place, if the person is an
exhibitor, | 1464 |
|
trader, purchaser, or seller of firearms and is not
otherwise | 1465 |
|
prohibited by law from possessing, trading, purchasing,
or selling | 1466 |
|
the firearms. | 1467 |
| (1) The firearm was carried or kept ready at hand by the | 1473 |
|
actor for defensive purposes, while the actor was engaged in
or | 1474 |
|
was going to or from the actor's lawful business or
occupation, | 1475 |
|
which business or occupation was of such character or was | 1476 |
|
necessarily
carried on in such manner or at such a time or place | 1477 |
|
as to render
the actor particularly susceptible to criminal | 1478 |
|
attack, such as
would justify a prudent person in going armed. | 1479 |
(a) An officer, agentsagent, or
employeesemployee of this | 1508 |
or any other state or the United States, or toa
law enforcement | 1509 |
officersofficer, who is authorized to carry deadly weapons or | 1510 |
dangerous ordnance and is acting within the scope of theirthe | 1511 |
officer's, agent's, or employee's duties,
to
anya security | 1512 |
| officer employed by a board of education or
governing
body of a | 1513 |
| school during the time that the security
officer is on
duty | 1514 |
pursuant to that contract of employment, or to
any other
person | 1515 |
| who has written authorization from the board of
education
or | 1516 |
| governing body of a school to convey deadly weapons
or
dangerous | 1517 |
| ordnance into a school
safety zone or to
possess a
deadly weapon | 1518 |
| or dangerous ordnance in a
school
safety zone and
who conveys or | 1519 |
| possesses the deadly weapon or dangerous ordnance
in accordance | 1520 |
|
with that authorization; | 1521 |
| (2) Division (C) of this section does not apply to
premises | 1528 |
| upon
which home schooling is conducted. Division (C) of
this | 1529 |
| section
also does not apply to a school administrator, teacher, or | 1530 |
|
employee who possesses an object that is indistinguishable from a | 1531 |
|
firearm for
legitimate school purposes during the course of | 1532 |
|
employment, a student who uses
an object that is indistinguishable | 1533 |
|
from a firearm under the direction of a
school administrator, | 1534 |
|
teacher, or employee, or any other person who with the
express | 1535 |
|
prior approval of a school administrator possesses
an object that | 1536 |
|
is indistinguishable from a firearm for a legitimate purpose, | 1537 |
|
including the use of the object in a ceremonial activity, a play, | 1538 |
|
reenactment,
or other dramatic presentation, or a ROTC activity or | 1539 |
|
another similar
use of the object. | 1540 |
| (E)(1) Whoever violates division (A)
or (B) of this section | 1559 |
|
is guilty of illegal
conveyance or possession of a deadly weapon | 1560 |
|
or
dangerous ordnance
in a school safety zone.
Except as | 1561 |
|
otherwise provided in this division, illegal conveyance or | 1562 |
|
possession of a deadly weapon or dangerous
ordnance in a school | 1563 |
|
safety zone is a felony of the fifth degree. If the
offender | 1564 |
|
previously has been convicted of a violation of this section, | 1565 |
|
illegal conveyance or possession of a deadly
weapon or dangerous | 1566 |
|
ordnance in a school safety zone is a
felony of the fourth degree. | 1567 |
| (2) Whoever violates division (C) of this section is
guilty | 1568 |
|
of illegal possession of an object indistinguishable from a | 1569 |
|
firearm
in a
school
safety zone. Except as otherwise provided in | 1570 |
|
this
division, illegal possession
of an object indistinguishable | 1571 |
|
from a firearm in a school
safety zone is a misdemeanor of the | 1572 |
|
first degree. If
the offender previously has
been convicted of a | 1573 |
|
violation of this section, illegal possession of an object | 1574 |
|
indistinguishable from a firearm in a school
safety zone is a | 1575 |
|
felony of the fifth
degree. | 1576 |
| (F)(1) In addition to any other penalty imposed upon a
person | 1577 |
| who
is convicted of or pleads guilty to a violation
of this | 1578 |
|
section and subject to division (F)(2) of this
section, if the | 1579 |
|
offender has not attained nineteen years of age, regardless of | 1580 |
|
whether the
offender is attending or is enrolled in a school | 1581 |
|
operated by a board of
education or for which the state board of | 1582 |
|
education prescribes minimum
standards under section 3301.07 of | 1583 |
|
the Revised Code, the
court shall impose upon the offender a
class | 1584 |
|
four suspension
of the
offender's probationary
driver's
license, | 1585 |
|
restricted
license, driver's license,
commercial
driver's license, | 1586 |
|
temporary
instruction permit, or probationary
commercial
driver's | 1587 |
|
license
that then is in effect from the
range specified in | 1588 |
|
division
(A)(4) of section
4510.02 of the Revised Code and
shall | 1589 |
|
deny
the
offender the
issuance of
any
permit
or license of that | 1590 |
| type
during the
period
of
the
suspension. | 1591 |
(1) AExcept as provided in division (E) of this section, a | 1616 |
judge of a court of record of this state or a
magistrate, unless a | 1617 |
rule of superintendence or another type of
rule adopted by the | 1618 |
supreme court pursuant to
Article
IV,
Ohio
Constitution, or an | 1619 |
applicable
local rule of court prohibits all
persons from | 1620 |
conveying or
attempting to convey a deadly weapon or
dangerous | 1621 |
ordnance into
a courthouse or into another building or
structure | 1622 |
in which a courtroom
is located or from possessing or
having under | 1623 |
one's control a
deadly weapon or dangerous ordnance
in a | 1624 |
courthouse or in another
building or structure in which a | 1625 |
courtroom is located; | 1626 |
| (a) Except as provided in division (E) of this section, a | 1629 |
| peace officer, or an officer of a law enforcement
agency of | 1630 |
| another state, a political subdivision of another
state,
or the | 1631 |
| United
States, who is authorized to
carry a deadly weapon
or | 1632 |
| dangerous ordnance, who possesses or
has under that
individual's | 1633 |
| control a deadly weapon or dangerous
ordnance as a
requirement of | 1634 |
| that individual's duties, and who
is acting within
the scope of | 1635 |
| that individual's duties at the
time of that
possession or | 1636 |
control, unless a rule of
superintendence or another
type of rule | 1637 |
adopted by the supreme
court pursuant to Article
IV,
Ohio | 1638 |
Constitution, or an applicable
local rule of court prohibits
all | 1639 |
persons from conveying or
attempting to convey a deadly weapon
or | 1640 |
dangerous ordnance into
a courthouse or into another building
or | 1641 |
structure in which a courtroom
is located or from possessing or | 1642 |
having under one's control a
deadly weapon or dangerous ordnance | 1643 |
in a courthouse or in another
building or structure in which a | 1644 |
courtroom is located; | 1645 |
| (b) Except as provided in division (E) of this section, a | 1646 |
| person who is employed in this state, who is authorized to carry a | 1647 |
| deadly weapon or dangerous ordnance, who possesses or has under | 1648 |
| that individual's control a deadly weapon or dangerous ordnance as | 1649 |
| a requirement of that person's duties, and who is subject to and | 1650 |
| in compliance with the requirements of section 109.801 of the | 1651 |
| Revised Code, unless the appointing authority of the person has | 1652 |
| expressly specified that the exemption provided in division | 1653 |
| (C)(2)(b) of this section does not apply to the person. | 1654 |
(4) AExcept as provided in division (E) of this section, a | 1659 |
| bailiff or deputy bailiff of a court of record of
this
state who | 1660 |
| is authorized to carry a firearm pursuant to
section
109.77 of the | 1661 |
| Revised
Code, who possesses or has
under that
individual's control | 1662 |
| a firearm as a requirement of
that
individual's duties, and who is | 1663 |
| acting within the scope of
that
individual's duties at the time of | 1664 |
that possession or
control,
unless a rule of superintendence or | 1665 |
another type of
rule adopted
by the supreme court pursuant to | 1666 |
Article
IV,
Ohio
Constitution, or
an applicable
local rule of | 1667 |
court prohibits all persons from
conveying or
attempting to convey | 1668 |
a deadly weapon or dangerous
ordnance into
a courthouse or into | 1669 |
another building or structure
in which a courtroom
is located or | 1670 |
from possessing or having under
one's control a
deadly weapon or | 1671 |
dangerous ordnance in a
courthouse or in another
building or | 1672 |
structure in which a
courtroom is located; | 1673 |
(5) AExcept as provided in division (E) of this section, a | 1674 |
| prosecutor, or a secret service officer appointed
by a
county | 1675 |
| prosecuting attorney, who is authorized to carry a
deadly
weapon | 1676 |
| or dangerous ordnance in the performance of the
individual's | 1677 |
|
duties, who possesses or has under that individual's
control a | 1678 |
| deadly weapon
or dangerous ordnance
as a requirement of
that | 1679 |
| individual's duties, and who is acting
within the scope of
that | 1680 |
individual's duties at the time of that
possession or
control, | 1681 |
unless a rule of superintendence or
another type of rule
adopted | 1682 |
by the supreme court pursuant to
Article IV of the Ohio | 1683 |
Constitution or an
applicable local rule of court prohibits all | 1684 |
persons from conveying or
attempting to convey a deadly weapon or | 1685 |
dangerous ordnance into
a courthouse or into another building or | 1686 |
structure in which a
courtroom is located or from possessing or | 1687 |
having under one's
control a deadly weapon or dangerous ordnance | 1688 |
in a courthouse or
in another building or structure in which a | 1689 |
courtroom is
located; | 1690 |
(6) AExcept as provided in division (E) of this section, a | 1691 |
| person who conveys or attempts to convey
a handgun
into a | 1692 |
| courthouse or into another building or
structure in which a | 1693 |
|
courtroom is located, who, at the time of
the conveyance or | 1694 |
|
attempt, is carrying a valid license or temporary emergency | 1695 |
| license to carry a concealed
handgun
issued to the person under | 1696 |
| section 2923.125 or 2923.1213 of the Revised
Code or a license to | 1697 |
| carry a concealed handgun that was issued by another state with | 1698 |
| which the attorney general has entered into a reciprocity | 1699 |
| agreement under section 109.69 of the Revised Code,
and who | 1700 |
|
transfers possession of the handgun to the
officer or
officer's | 1701 |
|
designee who has charge of the courthouse
or building.
The
officer | 1702 |
| shall secure the handgun until the
licensee is
prepared to
leave | 1703 |
| the premises. The exemption described in this division applies | 1704 |
| only if the officer who has charge of the courthouse or building | 1705 |
| provides services of the nature described in this division. An | 1706 |
| officer who has charge of the courthouse or building is not | 1707 |
| required to offer services of the nature described in this | 1708 |
division. The exemption described in this
division does
not apply | 1709 |
if a rule of superintendence or another
type of rule
adopted by | 1710 |
the supreme court pursuant to Article IV,
Ohio
Constitution, or if | 1711 |
an applicable local rule of court
prohibits
all
persons from | 1712 |
conveying or attempting to convey a
deadly weapon
or dangerous | 1713 |
ordnance into a courthouse or into
another building
or structure | 1714 |
in which a courtroom is located or
from possessing
or
having under | 1715 |
one's control a deadly weapon or
dangerous
ordnance
in a | 1716 |
courthouse or in another building or
structure in
which a | 1717 |
courtroom is located. | 1718 |
| (D)(1) Whoever violates division (A) of this section is | 1719 |
|
guilty of illegal conveyance of a deadly weapon or dangerous | 1720 |
|
ordnance into a courthouse. Except as otherwise provided in this | 1721 |
|
division,
illegal conveyance of a deadly weapon or dangerous | 1722 |
|
ordnance into a courthouse
is a felony of the fifth degree. If
the | 1723 |
| offender previously has been
convicted of a violation of
division | 1724 |
| (A) or (B) of this
section, illegal conveyance of a
deadly weapon | 1725 |
| or dangerous ordnance into a
courthouse is a felony
of the fourth | 1726 |
| degree. | 1727 |
| (2) Whoever violates division (B)
of this section is guilty | 1728 |
|
of illegal possession or control of a
deadly weapon or dangerous | 1729 |
|
ordnance in a courthouse. Except as otherwise
provided in this | 1730 |
|
division, illegal possession or control of a deadly weapon or | 1731 |
|
dangerous ordnance in a courthouse is a felony of the fifth | 1732 |
|
degree. If the
offender previously has been convicted of a | 1733 |
|
violation of division (A)
or (B) of this section, illegal | 1734 |
|
possession or control of a deadly
weapon or dangerous ordnance in | 1735 |
|
a courthouse is a felony of the fourth
degree. | 1736 |
| (E) The exemptions described in divisions (C)(1), (2)(a), | 1737 |
| (2)(b), (4), (5), and (6) of this section do not apply to any | 1738 |
| judge, magistrate, peace officer, officer of a law enforcement | 1739 |
| agency, bailiff, deputy bailiff, prosecutor, secret service | 1740 |
| officer, or other person described in any of those divisions if a | 1741 |
| rule of superintendence or another type of rule adopted by the | 1742 |
| supreme court pursuant to Article IV, Ohio Constitution, or an | 1743 |
| applicable local rule of court prohibits all persons from | 1744 |
| conveying or attempting to convey a deadly weapon or dangerous | 1745 |
| ordnance into a courthouse or into another building or structure | 1746 |
| in which a courtroom is located or from possessing or having under | 1747 |
| one's control a deadly weapon or dangerous ordnance in a | 1748 |
| courthouse or in another building or structure in which a | 1749 |
| courtroom is located. | 1750 |
|
(H)
"Valid license" means a license or temporary emergency | 1783 |
| license to carry a concealed
handgun that has been issued under | 1784 |
| section 2923.125 or 2923.1213 of the Revised
Code, that is | 1785 |
| currently valid, that is not under a suspension
under division | 1786 |
| (A)(1) of section 2923.128 or under section 2923.1213 of the | 1787 |
| Revised Code, and
that has not been revoked under division (B)(1) | 1788 |
| of section
2923.128 or under section 2923.1213 of the Revised | 1789 |
| Code. | 1790 |
| Sec. 2923.125.
(A) Upon the request of a person who wishes | 1812 |
|
to obtain a license to carry a concealed handgun or to renew a | 1813 |
|
license to carry a concealed handgun, a sheriff, as provided in | 1814 |
| division (I) of this section, shall provide to
the person free of | 1815 |
| charge an application form and a copy of the
pamphlet described in | 1816 |
| division (B) of section 109.731 of the
Revised Code. A sheriff | 1817 |
| shall accept a completed application form and the fee, items, | 1818 |
| materials, and information specified in divisions (B)(1) to (5) of | 1819 |
| this section at the times and in the manners described in division | 1820 |
| (I) of this section. | 1821 |
| (1) A nonrefundable license fee prescribed by the Ohio peace | 1827 |
|
officer training commission pursuant to division (C) of section | 1828 |
|
109.731 of the Revised Code, except that the sheriff
shall waive | 1829 |
|
the payment of the license fee
in connection with an
initial or | 1830 |
|
renewal application for a license that is
submitted by
an | 1831 |
|
applicant who is a retired peace officer, a
retired person | 1832 |
|
described in division (B)(1)(b) of section 109.77
of
the Revised | 1833 |
|
Code, or a retired federal law enforcement officer
who, prior to | 1834 |
|
retirement, was authorized under federal law to
carry a firearm in | 1835 |
|
the course of duty, unless the retired peace officer, person, or | 1836 |
| federal law enforcement
officer retired as the result of a mental | 1837 |
|
disability; | 1838 |
| (3) One or more of the following
competency
certifications, | 1841 |
| each of which shall reflect that, regarding a certification | 1842 |
| described in division (B)(3)(a), (b), (c), (e), or (f) of this | 1843 |
| section, within
the three
years immediately preceding the | 1844 |
| application the
applicant has
performed that to which the | 1845 |
| competency certification
relates and that, regarding a | 1846 |
| certification described in division (B)(3)(d) of this section, the | 1847 |
| applicant currently is an active or reserve member of the armed | 1848 |
| forces of the United States or within the six years immediately | 1849 |
| preceding the application the honorable discharge or retirement to | 1850 |
| which the competency certification relates occurred: | 1851 |
| (iii) It was offered
by or under the auspices of a
law | 1868 |
|
enforcement agency of this or
another state or the United
States, | 1869 |
|
a public or private college,
university, or other similar | 1870 |
|
postsecondary educational
institution
located in this or another | 1871 |
|
state, a firearms training
school
located in this or another | 1872 |
|
state, or another type of public
or
private entity or organization | 1873 |
|
located in this or another
state. | 1874 |
|
(c) An original or photocopy of a certificate of completion | 1877 |
|
of a state, county, municipal, or department of natural resources | 1878 |
|
peace officer training school that is approved by the executive | 1879 |
|
director
of the Ohio peace officer training commission pursuant to | 1880 |
|
section
109.75 of the Revised Code and that complies with the | 1881 |
|
requirements set forth in division (G) of this section, or the | 1882 |
|
applicant has satisfactorily
completed and been issued a | 1883 |
|
certificate of completion of a basic
firearms training program, a | 1884 |
|
firearms requalification training
program, or another basic | 1885 |
|
training program described in section
109.78 or 109.801 of the | 1886 |
|
Revised Code that complies with the requirements set forth in | 1887 |
|
division (G) of this section; | 1888 |
|
(i) That the applicant is an active or reserve member of
the | 1890 |
| armed forces of the United States, was honorably discharged
from | 1891 |
| military service in the active or reserve armed forces of the | 1892 |
|
United States, is a retired trooper of the state highway patrol, | 1893 |
| or is a retired peace officer or federal law enforcement officer | 1894 |
| described in division (B)(1) of this section or a retired person | 1895 |
| described in division (B)(1)(b) of section 109.77 of the Revised | 1896 |
| Code and division (B)(1) of this section; | 1897 |
|
(ii) That, through participation in the military service or | 1898 |
| through the former employment described in division
(B)(3)(d)(i) | 1899 |
| of this
section, the applicant acquired experience
with handling | 1900 |
| handguns
or other firearms, and the experience so
acquired was | 1901 |
| equivalent
to training that the applicant could have
acquired in a | 1902 |
| course,
class, or program described in division
(B)(3)(a), (b), or | 1903 |
| (c) of
this section. | 1904 |
|
(e) A certificate or another similar document that evidences | 1905 |
|
satisfactory completion of a firearms training, safety, or | 1906 |
|
requalification or firearms safety instructor course, class, or | 1907 |
|
program that is not otherwise
described in division (B)(3)(a), | 1908 |
|
(b), (c), or (d) of this section,
that was conducted by an | 1909 |
|
instructor who was certified by an
official or entity of the | 1910 |
|
government of this or another state or
the United States or by the | 1911 |
|
national rifle association, and that
complies with the | 1912 |
|
requirements set forth in division (G) of this
section; | 1913 |
|
(f) An affidavit that attests to the applicant's
satisfactory | 1914 |
| completion of a course, class, or program described
in division | 1915 |
| (B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 1916 |
| by the applicant's instructor or an authorized
representative of | 1917 |
| the entity that offered the course, class, or
program or under | 1918 |
| whose auspices the course, class, or program was
offered. | 1919 |
|
(C) Upon receipt of an applicant's completed application | 1932 |
|
form, supporting documentation, and, if not waived, license fee, a | 1933 |
|
sheriff, in the manner specified in section 311.41 of the Revised | 1934 |
| Code, shall conduct or cause to be
conducted the criminal
records | 1935 |
| check and the incompetency records check described in section | 1936 |
| 311.41 of the
Revised Code. | 1937 |
| (D)(1) Except as provided in division (D)(3), (4), or (5) of | 1938 |
|
this
section, within forty-five days after a sheriff's receipt of | 1939 |
| an
applicant's
completed application form for a license to carry a | 1940 |
|
concealed
handgun, the supporting documentation, and, if not | 1941 |
waived, the license
fee, athe sheriff shall make available | 1942 |
| through the law enforcement automated data system in accordance | 1943 |
| with division (H) of this section the information described in | 1944 |
| that division and, upon making the information available through | 1945 |
| the system, shall issue to the applicant a
license to carry a | 1946 |
concealed handgun that shall expire four years
after the date of | 1947 |
issuanceas described in division (D)(2)(a) of this section if all | 1948 |
| of the
following apply: | 1949 |
| (d) The applicant is not under indictment for or otherwise | 1957 |
|
charged with a felony; an offense under Chapter 2925., 3719., or | 1958 |
|
4729. of the Revised Code that involves the illegal possession, | 1959 |
|
use, sale, administration, or distribution of or trafficking in a | 1960 |
|
drug of abuse; a misdemeanor offense of violence; or a violation | 1961 |
|
of section 2903.14 or 2923.1211 of the Revised Code. | 1962 |
| (e) The applicant has not been convicted of or pleaded guilty | 1963 |
|
to a felony or an offense under Chapter
2925., 3719., or 4729. of | 1964 |
| the Revised Code that involves the
illegal possession, use, sale, | 1965 |
| administration, or distribution of
or trafficking in a drug of | 1966 |
| abuse; has not been adjudicated a delinquent child for committing | 1967 |
| an act that if committed by an adult would be a felony or would be | 1968 |
| an offense under Chapter 2925., 3719., or 4729. of the Revised | 1969 |
| Code that involves the illegal possession, use, sale, | 1970 |
| administration, or distribution of or trafficking in a drug of | 1971 |
| abuse; and has not been convicted of, pleaded guilty to, or | 1972 |
| adjudicated a delinquent child for committing a violation of | 1973 |
| section
2903.13 of the Revised Code when the victim of the | 1974 |
| violation is a
peace officer, regardless of whether the applicant | 1975 |
| was sentenced
under division (C)(3) of that section. | 1976 |
| (f) The applicant, within three years of the date of the | 1977 |
|
application, has not been convicted of or pleaded guilty to a | 1978 |
| misdemeanor offense of violence other than a
misdemeanor violation | 1979 |
| of section 2921.33 of the Revised Code or a
violation of section | 1980 |
| 2903.13 of the Revised Code when the victim
of the violation is a | 1981 |
| peace officer, or a misdemeanor violation of
section 2923.1211 of | 1982 |
| the Revised Code; and has not been adjudicated a delinquent child | 1983 |
| for committing an act that if committed by an adult would be a | 1984 |
| misdemeanor offense of violence other than a misdemeanor violation | 1985 |
| of section 2921.33 of the Revised Code or a violation of section | 1986 |
| 2903.13 of the Revised Code when the victim of the violation is a | 1987 |
| peace officer or for committing an act that if committed by an | 1988 |
| adult would be a misdemeanor violation of section 2923.1211 of the | 1989 |
| Revised Code. | 1990 |
| (i) The applicant has not been adjudicated as a mental | 2000 |
| defective, has not been committed to any mental institution, is | 2001 |
| not under adjudication of mental incompetence, has not been found | 2002 |
| by a court to be a mentally ill person subject to hospitalization | 2003 |
| by court order, and is not an involuntary patient other than one | 2004 |
| who is a patient only for purposes of observation. As used in this | 2005 |
| division, "mentally ill person subject to hospitalization by court | 2006 |
| order" and "patient" have the same meanings as in section 5122.01 | 2007 |
| of the Revised Code. | 2008 |
| (b) If a sheriff denies an application under this section | 2040 |
|
because the applicant does not satisfy the criteria described in | 2041 |
|
division (D)(1) of this section, the sheriff shall specify the | 2042 |
|
grounds for the denial in a written notice to the applicant. The | 2043 |
| applicant may appeal the denial pursuant to section 119.12 of the | 2044 |
| Revised Code in the county served by the sheriff who denied the | 2045 |
| application. If the denial was as a result of the criminal records | 2046 |
| check conducted pursuant to section 311.41 of the Revised Code and | 2047 |
| if, pursuant to section 2923.127 of the Revised Code, the | 2048 |
| applicant challenges the criminal records check results using the | 2049 |
| appropriate challenge and review procedure specified in that | 2050 |
| section, the time for filing the appeal pursuant to section 119.12 | 2051 |
| of the Revised Code and this division is tolled during the | 2052 |
| pendency of the request or the challenge and review. If the court | 2053 |
| in an appeal under section 119.12 of the Revised Code and this | 2054 |
| division enters a judgment sustaining the sheriff's refusal to | 2055 |
| grant to the applicant a license to carry a concealed handgun, the | 2056 |
| applicant may file a new application beginning one year after the | 2057 |
| judgment is entered. If the court enters a judgment in favor of | 2058 |
| the applicant, that judgment shall not restrict the authority of a | 2059 |
| sheriff to suspend or revoke the license pursuant to section | 2060 |
| 2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 2061 |
| the license for any proper cause that may occur after the date the | 2062 |
| judgment is entered. In the appeal, the court shall have full | 2063 |
| power to dispose of all costs. | 2064 |
| (E) If a license to carry a concealed handgun issued under | 2079 |
|
this section is lost or is destroyed, the licensee may obtain from | 2080 |
|
the sheriff who issued that license a duplicate license upon the | 2081 |
|
payment of a fee of fifteen dollars and the submission of an | 2082 |
|
affidavit attesting to the loss or destruction of the license. The | 2083 |
| sheriff, in accordance with the procedures prescribed in section | 2084 |
| 109.731 of the Revised Code, shall place on the replacement | 2085 |
| license a combination of identifying numbers different from the | 2086 |
| combination on the license that is being replaced. | 2087 |
| (F) A licensee who wishes to renew a license to carry a | 2088 |
concealed handgun issued under this secitonsection shall do so | 2089 |
withinnot earlier than ninety days before the expiration date of | 2090 |
| the license and not later than thirty days after the
expiration | 2091 |
| date of
the license by filing with the sheriff of the
county in | 2092 |
| which the
applicant resides or with the sheriff of an
adjacent | 2093 |
| county an application for renewal of the license
obtained
pursuant | 2094 |
| to division (D) of this section, a new color
photograph
of the | 2095 |
| licensee that was taken within thirty days prior
to the
date of | 2096 |
| the renewal application, a certification by the applicant that, | 2097 |
| subsequent to the issuance of the license, the applicant has | 2098 |
| reread the pamphlet prepared by the Ohio peace officer training | 2099 |
| commission pursuant to section 109.731 of the Revised Code that | 2100 |
| reviews firearms, dispute resolution, and use of deadly force | 2101 |
| matters, a new set of fingerprints provided in the manner | 2102 |
specified in division (D)(4)(B)(5) of this section 2923.125 of the | 2103 |
Revised Code regarding initial applications for a license to carry | 2104 |
| a concealed handgun, and a nonrefundable
license
renewal fee | 2105 |
| unless the fee is waived. The licensee also shall submit a | 2106 |
| competency certification of the type described in division (B)(3) | 2107 |
| of this section that is not older than six years or a renewed | 2108 |
| competency certification of the type described in division (G)(4) | 2109 |
| of this section that is not older than six years. A sheriff shall | 2110 |
| accept a completed renewal application and the fee, items, | 2111 |
| materials, and information specified in this division at the times | 2112 |
| and in the manners described in division (I) of this section. | 2113 |
| Upon receipt of a completed renewal application, color | 2114 |
|
photograph, certification that the applicant has reread the | 2115 |
| specified pamphlet prepared by the Ohio peace officer training | 2116 |
| commission, new set of fingerprints, competency certification or | 2117 |
| renewed competency certification, and license renewal fee unless | 2118 |
| the fee is waived, a
sheriff, in the manner specified in section | 2119 |
| 311.41 of the Revised Code shall conduct or
cause to be conducted | 2120 |
| the criminal
records check and the incompetency records check | 2121 |
| described in
section 311.41 of the
Revised Code.
The
sheriff
shall | 2122 |
| renew the license if
the sheriff determines that
the
applicant | 2123 |
| continues to satisfy the
requirements described in
division (D)(1) | 2124 |
| of this section, except that the applicant is required to submit a | 2125 |
| renewed competency certification only in the circumstances | 2126 |
| described in division (G)(4) of this section. A
renewed license | 2127 |
| that is renewed on or after the effective date of this amendment | 2128 |
| shall expire five years after the date of issuance, and a renewed | 2129 |
| license that is renewed prior to the effective date of this | 2130 |
amendment shall expire
four years after the date of issuance
and. | 2131 |
| A renewed license is subject to division
(E) of this section and | 2132 |
| sections
2923.126 and 2923.128 of the
Revised Code. A sheriff | 2133 |
| shall comply
with divisions (D)(2) to (4)
of this section when the | 2134 |
|
circumstances described in those
divisions apply to a requested | 2135 |
|
license renewal. If a sheriff denies the renewal of a license to | 2136 |
| carry a concealed handgun, the applicant may appeal the denial, or | 2137 |
| challenge the criminal record check results that were the basis of | 2138 |
| the denial if applicable, in the same manner as specified in | 2139 |
| division (D)(2)(b) of this section and in section 2923.127 of the | 2140 |
| Revised Code, regarding the denial of a license under this | 2141 |
| section. | 2142 |
| (G)(1) Each course, class, or program described in division | 2143 |
|
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 2144 |
| person who takes the course, class, or program a copy of the | 2145 |
| pamphlet prepared by the Ohio peace officer training commission | 2146 |
| pursuant to section 109.731 of the Revised Code that reviews | 2147 |
| firearms, dispute resolution, and use of deadly force matters. | 2148 |
| Each such course, class, or program described in one of those | 2149 |
| divisions shall include at least twelve hours of training
in the | 2150 |
| safe handling and use of a firearm that shall include all
of
the | 2151 |
| following: | 2152 |
| (4) A person who has received a competency certification as | 2182 |
| described in division (B)(3) of this section, or who previously | 2183 |
| has received a renewed competency certification as described in | 2184 |
| this division, may obtain a renewed competency certification | 2185 |
| pursuant to this division. If the person has received a competency | 2186 |
| certification within the preceding six years, or previously has | 2187 |
| received a renewed competency certification within the preceding | 2188 |
| six years, the person may obtain a renewed competency | 2189 |
| certification from an entity that offers a course, class, or | 2190 |
| program described in division (B)(3)(a), (b), (c), or (e) of this | 2191 |
| section by passing a competency examination of the type described | 2192 |
| in division (G)(2) of this section. In these circumstances, the | 2193 |
| person is not required to attend the course, class, or program in | 2194 |
| order to be eligible to take the competency examination for the | 2195 |
| renewed competency certification. If more than six years has | 2196 |
| elapsed since the person last received a competency certification | 2197 |
| or a renewed competency certification, in order for the person to | 2198 |
| obtain a renewed competency certification, the person shall both | 2199 |
| satisfactorily complete a course, class, or program described in | 2200 |
| division (B)(3)(a), (b), (c), or (e) of this section and pass a | 2201 |
| competency examination of the type described in division (G)(2) of | 2202 |
| this section. A renewed competency certification issued under this | 2203 |
| division shall be dated and shall attest that the applicant passed | 2204 |
| the competency examination of the type described in division | 2205 |
| (G)(2) of this section and, if applicable, that the person | 2206 |
| successfully completed a course, class, or program that met the | 2207 |
| requirements described in division (G)(1) of this section. | 2208 |
| (H) Upon deciding to issue a license, deciding to issue a | 2209 |
| replacement license, or deciding to renew a license to carry a | 2210 |
| concealed handgun pursuant to this section, and before actually | 2211 |
| issuing or renewing the license, the sheriff shall make available | 2212 |
| through the law enforcement automated data system all information | 2213 |
| contained on the license. If the license subsequently is suspended | 2214 |
| under division (A)(1) or (2) of section 2923.128 of the Revised | 2215 |
| Code, revoked pursuant to division (B)(1) of section 2923.128 of | 2216 |
| the Revised Code, or lost or destroyed, the sheriff also shall | 2217 |
| make available through the law enforcement automated data system a | 2218 |
| notation of that fact. The superintendent of the state highway | 2219 |
| patrol shall ensure that the law enforcement automated data system | 2220 |
| is so configured as to permit the transmission through the system | 2221 |
| of the information specified in this division. | 2222 |
| (I) A sheriff shall accept a completed application form or | 2223 |
| renewal application, and the fee, items, materials, and | 2224 |
| information specified in divisions (B)(1) to (5) or division (F) | 2225 |
| of this section, whichever is applicable, and shall provide an | 2226 |
| application form or renewal application and a copy of the pamphlet | 2227 |
| described in division (B) of section 109.731 of the Revised Code | 2228 |
| to any person during at least fifteen hours a week. The sheriff | 2229 |
| shall post notice of the hours during which the sheriff is | 2230 |
| available to accept or provide the information described in this | 2231 |
| division. | 2232 |
| Sec. 2923.126. (A) A license to carry a concealed handgun | 2233 |
|
that is issued under section 2923.125 of the Revised Code on or | 2234 |
| after the effective date of this amendment shall expire five years | 2235 |
| after the date of issuance, and a license that is so issued prior | 2236 |
| to the effective date of this amendment shall
expire four years | 2237 |
| after the date of issuance. A licensee who has been issued a | 2238 |
| license under that section shall be
granted a grace period of | 2239 |
| thirty days after the licensee's license
expires during which the | 2240 |
| licensee's license remains valid. Except
as provided in
divisions | 2241 |
| (B) and (C) of this section, a licensee who has been issued a | 2242 |
| license under section 2923.125 or 2923.1213 of the Revised Code | 2243 |
|
may carry a concealed
handgun anywhere in this state if the | 2244 |
|
licensee also carries a
valid license and valid identification | 2245 |
|
when the licensee is in
actual possession of a concealed handgun. | 2246 |
|
The licensee shall give
notice of any change in the licensee's | 2247 |
|
residence address to the
sheriff who issued the license within | 2248 |
|
forty-five days after that
change. | 2249 |
| If a licensee is the driver or an occupant of a motor vehicle | 2250 |
| that is stopped as the result of a traffic stop or a stop for | 2251 |
| another law enforcement purpose and if the licensee
is | 2252 |
| transporting or has a loaded handgun in the motor vehicle at that | 2253 |
| time, the licensee shall promptly inform any law enforcement | 2254 |
| officer who approaches the vehicle while stopped that
the licensee | 2255 |
| has been issued a license or temporary emergency license to carry | 2256 |
| a concealed
handgun and that the licensee currently possesses or | 2257 |
| has a loaded
handgun; the licensee shall not knowingly disregard | 2258 |
| or fail to comply with lawful orders of a law enforcement officer | 2259 |
given while the motor vehicle is stopped, shallknowingly fail to | 2260 |
remain in the motor vehicle while stopped, and shallor knowingly | 2261 |
fail to keep the licensee's hands in plain sight whileafter any | 2262 |
| law enforcement officer begins approaching the licensee while | 2263 |
| stopped and before the officer leaves, unless directed otherwise | 2264 |
| by a law enforcement officer; and the licensee shall not knowingly | 2265 |
| remove, attempt to remove, grasp, or hold the loaded handgun or | 2266 |
| knowingly have contact with the loaded handgun by touching it with | 2267 |
| the licensee's hands or fingers, in any manner in violation of | 2268 |
division (E) of section 2923.16 of the Revised Code, whileafter | 2269 |
| any law enforcement officer begins approaching the licensee while | 2270 |
| stopped and before the officer leaves. Additionally, if a licensee | 2271 |
| is the driver or an occupant of a commercial motor vehicle that is | 2272 |
| stopped by an employee of the motor carrier enforcement unit for | 2273 |
| the purposes defined in section 5503.04 of the Revised Code and if | 2274 |
| the licensee is transporting or has a loaded handgun in the | 2275 |
| commercial motor vehicle at that time, the licensee shall promptly | 2276 |
| inform the employee of the unit who approaches the vehicle while | 2277 |
| stopped that the licensee has been issued a license or temporary | 2278 |
| emergency license to carry a concealed handgun and that the | 2279 |
licensee currently possesses or has a loaded handgun.If a law | 2280 |
enforcement officer otherwise approaches a person who has been | 2281 |
If a licensee is stopped for a law enforcement purpose, if | 2282 |
the person is a licensee, and if the licensee is carrying a | 2283 |
| concealed handgun at the time the officer approaches, the licensee | 2284 |
shall promptly inform theany law enforcement officer who | 2285 |
| approaches the licensee while stopped that the licensee has been | 2286 |
| issued a license or temporary emergency license to carry a | 2287 |
| concealed handgun and that the licensee currently is carrying a | 2288 |
| concealed handgun; the licensee shall not knowingly disregard or | 2289 |
| fail to comply with lawful orders of a law enforcement officer | 2290 |
| given while the licensee is stopped or knowingly fail to keep the | 2291 |
| licensee's hands in plain sight after any law enforcement officer | 2292 |
| begins approaching the licensee while stopped and before the | 2293 |
| officer leaves, unless directed otherwise by a law enforcement | 2294 |
| officer; and the licensee shall not knowingly remove, attempt to | 2295 |
| remove, grasp, or hold the loaded handgun or knowingly have | 2296 |
| contact with the loaded handgun by touching it with the licensee's | 2297 |
| hands or fingers, in any manner in violation of division (B) of | 2298 |
| section 2923.12 of the Revised Code, after any law enforcement | 2299 |
| officer begins approaching the licensee while stopped and before | 2300 |
| the officer leaves. | 2301 |
| (1) A police station, sheriff's office,
or state highway | 2309 |
|
patrol
station, premises controlled by the bureau
of criminal | 2310 |
|
identification and investigation, a state correctional | 2311 |
|
institution,
jail, workhouse, or other
detention facility, an | 2312 |
|
airport
passenger terminal, or an institution that is maintained, | 2313 |
| operated, managed, and governed pursuant to division (A) of | 2314 |
| section 5119.02 of the Revised Code or division (A)(1) of section | 2315 |
| 5123.03 of the Revised Code; | 2316 |
| (7) A child day-care center, a type A family day-care home, a | 2334 |
| type B family day-care home, or a type C family day-care home, | 2335 |
| except that this division does not prohibit a licensee who resides | 2336 |
| in a type A family day-care home, a type B family day-care home, | 2337 |
| or a type C family day-care home from carrying a concealed handgun | 2338 |
| at any time in any part of the home that is not dedicated or used | 2339 |
| for day-care purposes, or from carrying a concealed handgun in a | 2340 |
| part of the home that is dedicated or used for day-care purposes | 2341 |
| at any time during which no children, other than children of that | 2342 |
| licensee, are in the home; | 2343 |
| (C)(1) Nothing in this section shall negate or restrict a | 2355 |
|
rule,
policy, or practice of a private employer that is not a | 2356 |
|
private
college, university, or other institution of higher | 2357 |
|
education
concerning or
prohibiting the presence of firearms on | 2358 |
|
the private
employer's
premises or property, including motor | 2359 |
|
vehicles owned by
the private employer. Nothing in this section | 2360 |
| shall require a private employer of that nature to adopt a rule, | 2361 |
| policy, or practice concerning or prohibiting the presence of | 2362 |
| firearms on the private employer's premises or property, including | 2363 |
| motor vehicles owned by the private employer. | 2364 |
| (2)(a) A private employer shall be immune from liability in a | 2365 |
|
civil action for any injury, death, or loss to person or property | 2366 |
|
that allegedly was caused by or related to a licensee bringing a | 2367 |
|
handgun onto the premises or property of the private employer, | 2368 |
|
including motor vehicles owned by the private employer, unless the | 2369 |
|
private employer acted with malicious purpose. A private employer | 2370 |
| is immune from liability in a civil action for any injury, death, | 2371 |
| or loss to person or property that allegedly was caused by or | 2372 |
| related to the private employer's decision to permit a licensee to | 2373 |
| bring, or prohibit a licensee from bringing, a handgun onto the | 2374 |
| premises or property of the private employer. As used in this | 2375 |
|
division, "private employer" includes a private college, | 2376 |
|
university, or other institution of higher education. | 2377 |
| (b) A political subdivision shall be immune from liability in | 2378 |
| a civil action, to the extent and in the manner provided in | 2379 |
| Chapter 2744. of the Revised Code, for any injury, death, or loss | 2380 |
| to person or property that allegedly was caused by or related to a | 2381 |
| licensee bringing a handgun onto any premises or property owned, | 2382 |
| leased, or otherwise under the control of the political | 2383 |
| subdivision. As used in this division, "political subdivision" has | 2384 |
| the same meaning as in section 2744.01 of the Revised Code. | 2385 |
| (3) The owner or person in control of private land or | 2386 |
| premises, and a private person or entity leasing land or premises | 2387 |
| owned by the state, the United States, or a political subdivision | 2388 |
| of the state or the United States, may post a sign in a | 2389 |
| conspicuous location on that land or on those premises prohibiting | 2390 |
| persons from carrying firearms or concealed firearms on or onto | 2391 |
| that land or those premises. A person who knowingly violates a | 2392 |
| posted prohibition of that nature is guilty of criminal trespass | 2393 |
| in violation of division (A)(4) of section 2911.21 of the Revised | 2394 |
| Code and is guilty of a misdemeanor of the fourth degree. | 2395 |
|
(D)
A person who holds a license to carry a concealed
handgun | 2396 |
|
that was issued pursuant to the law of another state that is | 2397 |
| recognized by the attorney general pursuant to a reciprocity | 2398 |
| agreement entered into pursuant to section 109.69 of the Revised | 2399 |
| Code has
the same right to carry a
concealed handgun in this
state | 2400 |
| as a
person who was issued a license to carry a concealed handgun | 2401 |
| under
section 2923.125 of the Revised Code and is subject to the | 2402 |
| same
restrictions that apply to a person who carries a license | 2403 |
| issued
under that section. | 2404 |
| (F)(1) A qualified retired peace officer who possesses a | 2410 |
| retired peace officer identification card issued pursuant to | 2411 |
| division (F)(2) of this section and a valid firearms | 2412 |
| requalification certification issued pursuant to division (F)(3) | 2413 |
| of this section has the same right to carry a concealed handgun in | 2414 |
| this state as a person who was issued a license to carry a | 2415 |
| concealed handgun under section 2923.125 of the Revised Code and | 2416 |
| is subject to the same restrictions that apply to a person who | 2417 |
| carries a license issued under that section. For purposes of | 2418 |
| reciprocity with other states, a qualified retired peace officer | 2419 |
| who possesses a retired peace officer identification card issued | 2420 |
| pursuant to division (F)(2) of this section and a valid firearms | 2421 |
| requalification certification issued pursuant to division (F)(3) | 2422 |
| of this section shall be considered to be a licensee in this | 2423 |
| state. | 2424 |
|
(2)(a) Each public agency of this state or of a political | 2425 |
| subdivision of this state that is served by one or more peace | 2426 |
| officers shall issue a retired peace officer identification card | 2427 |
| to any person who retired from service as a peace officer with | 2428 |
| that agency, if the issuance is in accordance with the agency's | 2429 |
| policies and procedures and if the person, with respect to the | 2430 |
| person's service with that agency, satisfies all of the following: | 2431 |
|
(iv) Before retiring from service as a peace officer with | 2443 |
| that agency, the person was regularly employed as a peace officer | 2444 |
| for an aggregate of fifteen years or more, or, in the alternative, | 2445 |
| the person retired from service as a peace officer with that | 2446 |
| agency, after completing any applicable probationary period of | 2447 |
| that service, due to a service-connected disability, as determined | 2448 |
| by the agency. | 2449 |
|
(b) A retired peace officer identification card issued to a | 2452 |
| person under division (F)(2)(a) of this section shall identify the | 2453 |
| person by name, contain a photograph of the person, identify the | 2454 |
| public agency of this state or of the political subdivision of | 2455 |
| this state from which the person retired as a peace officer and | 2456 |
| that is issuing the identification card, and specify that the | 2457 |
| person retired in good standing from service as a peace officer | 2458 |
| with the issuing public agency and satisfies the criteria set | 2459 |
| forth in divisions (F)(2)(a)(i) to (v) of this section. In | 2460 |
| addition to the required content specified in this division, a | 2461 |
| retired peace officer identification card issued to a person under | 2462 |
| division (F)(2)(a) of this section may include the firearms | 2463 |
| requalification certification described in division (F)(3) of this | 2464 |
| section, and if the identification card includes that | 2465 |
| certification, the identification card shall serve as the firearms | 2466 |
| requalification certification for the retired peace officer. If | 2467 |
| the issuing public agency issues credentials to active law | 2468 |
| enforcement officers who serve the agency, the agency may comply | 2469 |
| with division (F)(2)(a) of this section by issuing the same | 2470 |
| credentials to persons who retired from service as a peace officer | 2471 |
| with the agency and who satisfy the criteria set forth in | 2472 |
| divisions (F)(2)(a)(i) to (v) of this section, provided that the | 2473 |
| credentials so issued to retired peace officers are stamped with | 2474 |
| the word "RETIRED." | 2475 |
|
(3) If a person retired from service as a peace officer with | 2481 |
| a public agency of this state or of a political subdivision of | 2482 |
| this state and the person satisfies the criteria set forth in | 2483 |
| divisions (F)(2)(a)(i) to (v) of this section, the public agency | 2484 |
| may provide the retired peace officer with the opportunity to | 2485 |
| attend a firearms requalification program that is approved for | 2486 |
| purposes of firearms requalification required under section | 2487 |
| 109.801 of the Revised Code. The retired peace officer may be | 2488 |
| required to pay the cost of the course. | 2489 |
|
If a retired peace officer who satisfies the criteria set | 2490 |
| forth in divisions (F)(2)(a)(i) to (v) of this section attends a | 2491 |
| firearms requalification program that is approved for purposes of | 2492 |
| firearms requalification required under section 109.801 of the | 2493 |
| Revised Code, the retired peace officer's successful completion of | 2494 |
| the firearms requalification program requalifies the retired peace | 2495 |
| officer for purposes of division (F) of this section for one year | 2496 |
| from the date on which the program was successfully completed, and | 2497 |
| the requalification is valid during that one-year period. If a | 2498 |
| retired peace officer who satisfies the criteria set forth in | 2499 |
| divisions (F)(2)(a)(i) to (v) of this section satisfactorily | 2500 |
| completes such a firearms requalification program, the retired | 2501 |
| peace officer shall be issued a firearms requalification | 2502 |
| certification that identifies the retired peace officer by name, | 2503 |
| identifies the entity that taught the program, specifies that the | 2504 |
| retired peace officer successfully completed the program, | 2505 |
| specifies the date on which the course was successfully completed, | 2506 |
| and specifies that the requalification is valid for one year from | 2507 |
| that date of successful completion. The firearms requalification | 2508 |
| certification for a retired peace officer may be included in the | 2509 |
| retired peace officer identification card issued to the retired | 2510 |
| peace officer under division (F)(2) of this section. | 2511 |
| Sec. 2923.127. (A) If a sheriff denies an application for a | 2528 |
|
license to carry a concealed handgun, denies the renewal of a | 2529 |
|
license to carry a concealed handgun, or denies an application for | 2530 |
| a temporary emergency license to carry a concealed handgun as a | 2531 |
| result of the criminal
records check conducted pursuant to
section | 2532 |
| 311.41 of the
Revised
Code and if the
applicant believes the | 2533 |
| denial was based on
incorrect information
reported by the source | 2534 |
| the sheriff used in
conducting the criminal records check, the | 2535 |
| applicant may challenge the criminal records check results using | 2536 |
| whichever of the following is applicable: | 2537 |
|
(B) The bureau of criminal identification and investigation | 2548 |
| shall prescribe a challenge and review procedure for applicants to | 2549 |
| use to challenge criminal records checks under division (A)(2) of | 2550 |
| this section in counties in which the sheriff with whom the | 2551 |
| application for a license to carry a concealed handgun or for the | 2552 |
| renewal of a license to carry a concealed handgun was filed or | 2553 |
| with whom the application for a temporary emergency license to | 2554 |
| carry a concealed handgun was submitted does not have an existing | 2555 |
| challenge and review procedure. | 2556 |
| Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 2557 |
| license issued under section 2923.125 or 2923.1213 of the Revised | 2558 |
| Code
is arrested for or otherwise charged with an offense | 2559 |
| described in
division
(D)(1)(d) of section 2923.125 of the Revised | 2560 |
|
Code or with a violation of section 2923.15 of the Revised Code or | 2561 |
|
becomes subject to a temporary protection order or to a protection | 2562 |
| order issued by a court of another state that is substantially | 2563 |
| equivalent to a temporary protection order,
the
sheriff who
issued | 2564 |
| the license or temporary emergency license shall suspend it and | 2565 |
| shall
comply
with division
(A)(3) of this section upon becoming | 2566 |
| aware of
the
arrest, charge,
or protection order. Upon suspending | 2567 |
| the license or temporary emergency license, the sheriff also shall | 2568 |
| comply with division (H) of section 2923.125 of the Revised Code. | 2569 |
(2)(b) A suspension under division (A)(1)(a) of this section | 2570 |
| shall
be considered as beginning on the date that the licensee is | 2571 |
|
arrested for or otherwise charged with an offense described in | 2572 |
|
that division or on the date the appropriate court issued the | 2573 |
| protection order described in that division,
irrespective of when | 2574 |
| the sheriff notifies the
licensee under
division (A)(3) of this | 2575 |
| section. The suspension
shall end on the
date on which the charges | 2576 |
| are dismissed or the
licensee is found
not guilty of the offense | 2577 |
| described in division
(A)(1)(a) of this
section or, subject to | 2578 |
| division (B) of this section, on the date
the appropriate court | 2579 |
| terminates the protection order
described in that division. If the | 2580 |
| suspension so ends, the
sheriff
shall return the license or | 2581 |
| temporary emergency license to the licensee. | 2582 |
| (2)(a) If a licensee holding a valid license issued under | 2583 |
| section 2923.125 or 2923.1213 of the Revised Code is convicted of | 2584 |
| or pleads guilty to a misdemeanor violation of division (B)(1), | 2585 |
| (2), or (4) of section 2923.12 of the Revised Code or of division | 2586 |
| (E)(3), (4), or (6) of section 2923.16 of the Revised Code, the | 2587 |
| sheriff who issued the license or temporary emergency license | 2588 |
| shall suspend it and shall comply with division (A)(3) of this | 2589 |
| section upon becoming aware of the conviction or guilty plea. Upon | 2590 |
| suspending the license or temporary emergency license, the sheriff | 2591 |
| also shall comply with division (H) of section 2923.125 of the | 2592 |
| Revised Code. | 2593 |
|
(b) A suspension under division (A)(2)(a) of this section | 2594 |
| shall be considered as beginning on the date that the licensee is | 2595 |
| convicted of or pleads guilty to the offense described in that | 2596 |
| division, irrespective of when the sheriff notifies the licensee | 2597 |
| under division (A)(3) of this section. If the suspension is | 2598 |
| imposed for a misdemeanor violation of division (B)(1) or (2) of | 2599 |
| section 2923.12 of the Revised Code or of division (E)(3) or (4) | 2600 |
| of section 2923.16 of the Revised Code, it shall end of the date | 2601 |
| that is one year after the date that the licensee is convicted of | 2602 |
| or pleads guilty to that violation. If the suspension is imposed | 2603 |
| for a misdemeanor violation of division (B)(4) of section 2923.12 | 2604 |
| of the Revised Code or of division (E)(6) of section 2923.16 of | 2605 |
| the Revised Code, it shall end on the date that is two years after | 2606 |
| the date that the licensee is convicted of or pleads guilty to | 2607 |
| that violation. If the licensee's license was issued under section | 2608 |
| 2923.125 of the Revised Code and the license remains valid after | 2609 |
| the suspension ends as described in this division, when the | 2610 |
| suspension ends, the sheriff shall return the license to the | 2611 |
| licensee. If the licensee's license was issued under section | 2612 |
| 2923.125 of the Revised Code and the license expires before the | 2613 |
| suspension ends as described in this division, or if the | 2614 |
| licensee's license was issued under section 2923.1213 of the | 2615 |
| Revised Code, the licensee is not eligible to apply for a new | 2616 |
| license under section 2923.125 or 2923.1213 of the Revised Code or | 2617 |
| to renew the license under section 2923.125 of the Revised Code | 2618 |
| until after the suspension ends as described in this division. | 2619 |
|
(3) Upon becoming aware of an arrest, charge, or
protection | 2620 |
| order described in
division (A)(1)(a) of this section with
respect | 2621 |
| to a licensee who was issued a license under section 2923.125 or | 2622 |
| 2923.1213 of the Revised Code, or a conviction of or plea of | 2623 |
| guilty to a misdemeanor offense described in division (A)(2)(a) of | 2624 |
| this section with respect to a licensee who was issued a license | 2625 |
| under either section,
the
sheriff who issued the licensee's | 2626 |
|
license or temporary emergency license to carry a concealed | 2627 |
|
handgun shall notify the licensee, by
certified mail, return | 2628 |
|
receipt requested, at the licensee's last
known residence address | 2629 |
|
that the license or temporary emergency license has been suspended | 2630 |
| and
that the licensee is
required to
surrender the license or | 2631 |
| temporary emergency license at the
sheriff's office within
ten | 2632 |
| days of
the date on which the notice
was mailed. If the suspension | 2633 |
| is pursuant to division (A)(2) of this section, the notice shall | 2634 |
| identify the date on which the suspension ends. | 2635 |
|
(2) Upon becoming aware of any circumstance listed in | 2671 |
|
division (B)(1) of this section that applies to a particular | 2672 |
|
licensee who was issued a license under section 2923.125 or | 2673 |
| 2923.1213 of the Revised Code, the sheriff who issued the license | 2674 |
| or temporary emergency license to carry a concealed
handgun to the | 2675 |
| licensee shall notify the licensee, by certified
mail, return | 2676 |
| receipt requested, at the licensee's last known
residence address | 2677 |
| that the license or temporary emergency license is subject to | 2678 |
| revocation and
that the licensee may come to the sheriff's office | 2679 |
| and contest the
sheriff's proposed revocation within fourteen days | 2680 |
| of the date on
which the notice was mailed. After the fourteen-day | 2681 |
| period and
after consideration of any information that the | 2682 |
| licensee provides
during that period, if the sheriff determines on | 2683 |
| the basis of the
information of which the sheriff is aware that | 2684 |
| the licensee is
described in division (B)(1) of this section and | 2685 |
| no longer
satisfies the requirements described in division (D)(1) | 2686 |
| of section
2923.125 of the Revised Code that are applicable to the | 2687 |
| licensee's type of license, the sheriff shall revoke the
license | 2688 |
| or temporary emergency license, notify the licensee of that fact, | 2689 |
| and require the
licensee to surrender the license or temporary | 2690 |
| emergency license. Upon revoking the license or temporary | 2691 |
| emergency license, the sheriff also shall comply with division (H) | 2692 |
| of section 2923.125 of the Revised Code. | 2693 |
| SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY | 2731 |
| PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH | 2732 |
| PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU | 2733 |
| ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR | 2734 |
| RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM, | 2735 |
| AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED | 2736 |
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE relevant | 2737 |
| RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE | 2738 |
| ATTACHMENT AT THE END OF THIS SECTION. | 2739 |
| (1) I have been furnished, and have read, the pamphlet that | 2787 |
| explains the Ohio firearms
laws, that provides instruction in | 2788 |
| dispute resolution and explains the Ohio laws related to that | 2789 |
| matter, and that provides information regarding all aspects | 2790 |
| of the use of deadly force with a firearm, and
I am | 2791 |
| knowledgeable of the provisions of those laws and of the | 2792 |
| information on those matters. | 2793 |
| (3) I have never been convicted of or pleaded guilty to a crime
of | 2797 |
|
violence in the state of Ohio or elsewhere. I am of
sound | 2798 |
|
mind. I hereby certify that the statements contained
herein | 2799 |
|
are true and correct to the best of my knowledge and
belief. | 2800 |
|
I understand that if
I knowingly make any false
statements | 2801 |
|
herein
I am subject to penalties prescribed by law.
I | 2802 |
|
authorize the sheriff or the sheriff's designee to inspect | 2803 |
|
only those records or documents relevant to information | 2804 |
|
required
for this application. | 2805 |
| (b) A written document prepared by a governmental entity or | 2817 |
| public official describing the facts that give the person seeking | 2818 |
| to carry a concealed handgun reasonable cause to fear a criminal | 2819 |
| attack upon the person or a member of the person's family, such as | 2820 |
| would justify a prudent person in going armed. Written documents | 2821 |
| of this nature include, but are not limited to, any temporary | 2822 |
| protection order, civil protection order, protection order issued | 2823 |
| by another state, or other court order, any court report, and any | 2824 |
| report filed with or made by a law enforcement agency or | 2825 |
| prosecutor. | 2826 |
| (b) A sworn affidavit that contains all of the information | 2834 |
| required to be on the license and attesting that the person is | 2835 |
| legally living in the United States; is at least twenty-one years | 2836 |
| of age; is not a fugitive from justice; is not under indictment | 2837 |
| for or otherwise charged with an offense identified in division | 2838 |
| (D)(1)(d) of section 2923.125 of the Revised Code; has not been | 2839 |
| convicted of or pleaded guilty to an offense, and has not been | 2840 |
| adjudicated a delinquent child for committing an act, identified | 2841 |
| in division (D)(1)(e) of that section; within three years of the | 2842 |
| date of the submission, has not been convicted of or pleaded | 2843 |
| guilty to an offense, and has not been adjudicated a delinquent | 2844 |
| child for committing an act, identified in division (D)(1)(f) of | 2845 |
| that section; within five years of the date of the submission, has | 2846 |
| not been convicted of, pleaded guilty, or adjudicated a delinquent | 2847 |
| child for committing two or more violations identified in division | 2848 |
| (D)(1)(g) of that section; within ten years of the date of the | 2849 |
| submission, has not been convicted of, pleaded guilty, or | 2850 |
| adjudicated a delinquent child for committing a violation | 2851 |
| identified in division (D)(1)(h) of that section; has not been | 2852 |
| adjudicated as a mental defective, has not been committed to any | 2853 |
| mental institution, is not under adjudication of mental | 2854 |
| incompetence, has not been found by a court to be a mentally ill | 2855 |
| person subject to hospitalization by court order, and is not an | 2856 |
| involuntary patient other than one who is a patient only for | 2857 |
| purposes of observation, as described in division (D)(1)(i) of | 2858 |
that section; and is not currently subject to a civil protection | 2859 |
| order, a temporary protection order, or a protection order issued | 2860 |
| by a court of another state, as described in division (D)(1)(j) of | 2861 |
| that section; and is not currently subject to a suspension imposed | 2862 |
| under division (A)(2) of section 2923.128 of the Revised Code of a | 2863 |
| license to carry a concealed handgun, or a temporary emergency | 2864 |
| license to carry a concealed handgun, that previously was issued | 2865 |
| to the person; | 2866 |
| (d) A set of fingerprints of the applicant provided as | 2871 |
| described in section 311.41 of the Revised Code through use of an | 2872 |
| electronic fingerprint reading device or, if the sheriff to whom | 2873 |
| the application is submitted does not possess and does not have | 2874 |
| ready access to the use of an electronic fingerprint reading | 2875 |
| device, on a standard impression sheet prescribed pursuant to | 2876 |
| division (C)(2) of section 109.572 of the Revised Code. If the | 2877 |
| fingerprints are provided on a standard impression sheet, the | 2878 |
| person also shall provide the person's social security number to | 2879 |
| the sheriff. | 2880 |
| (2) A sheriff shall accept the evidence of imminent danger, | 2881 |
| the sworn affidavit, the fee, and the set of fingerprints required | 2882 |
| under division (B)(1) of this section at the times and in the | 2883 |
| manners described in division (I) of this section. Upon receipt of | 2884 |
| the evidence of imminent danger, the sworn affidavit, the fee, and | 2885 |
| the set of fingerprints required under division (B)(1) of this | 2886 |
| section, the sheriff, in the manner specified in section 311.41 of | 2887 |
| the Revised Code, immediately shall conduct or cause to be | 2888 |
| conducted the criminal records check and the incompetency records | 2889 |
| check described in section 311.41 of the Revised Code. Immediately | 2890 |
| upon receipt of the results of the records checks, the sheriff | 2891 |
| shall review the information and shall determine whether the | 2892 |
| criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 2893 |
| section 2923.125 of the Revised Code apply regarding the person. | 2894 |
| If the sheriff determines that all of criteria set forth in | 2895 |
| divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 2896 |
| Revised Code apply regarding the person, the sheriff shall | 2897 |
| immediately make available through the law enforcement automated | 2898 |
| data system all information that will be contained on the | 2899 |
| temporary emergency license for the person if one is issued, and | 2900 |
| the superintendent of the state highway patrol shall ensure that | 2901 |
| the system is so configured as to permit the transmission through | 2902 |
| the system of that information. Upon making that information | 2903 |
| available through the law enforcement automated data system, the | 2904 |
| sheriff shall immediately issue to the person a temporary | 2905 |
| emergency license to carry a concealed handgun. | 2906 |
| If the sheriff denies the issuance of a temporary emergency | 2907 |
| license to the person, the sheriff shall specify the grounds for | 2908 |
| the denial in a written notice to the person. The person may | 2909 |
| appeal the denial, or challenge criminal records check results | 2910 |
| that were the basis of the denial if applicable, in the same | 2911 |
| manners specified in division (D)(2) of section 2923.125 and in | 2912 |
| section 2923.127 of the Revised Code, regarding the denial of an | 2913 |
| application for a license to carry a concealed handgun under that | 2914 |
| section. | 2915 |
| (C) A person who holds a temporary emergency license to carry | 2928 |
| a concealed handgun has the same right to carry a concealed | 2929 |
| handgun as a person who was issued a license to carry a concealed | 2930 |
| handgun under section 2923.125 of the Revised Code, and any | 2931 |
| exceptions to the prohibitions contained in section 1547.69 and | 2932 |
| sections 2923.12 to 2923.16 of the Revised Code for a licensee | 2933 |
| under section 2923.125 of the Revised Code apply to a licensee | 2934 |
| under this section. The person is subject to the same | 2935 |
| restrictions, and to all other procedures, duties, and sanctions, | 2936 |
| that apply to a person who carries a license issued under section | 2937 |
| 2923.125 of the Revised Code, other than the license renewal | 2938 |
| procedures set forth in that section. | 2939 |
| (D) A sheriff who issues a temporary emergency license to | 2940 |
| carry a concealed handgun under this section shall not require a | 2941 |
| person seeking to carry a concealed handgun in accordance with | 2942 |
| this section to submit a competency certificate as a prerequisite | 2943 |
| for issuing the license and shall comply with division (H) of | 2944 |
| section 2923.125 of the Revised Code in regards to the license. | 2945 |
| The sheriff shall suspend or revoke the license in accordance with | 2946 |
| section 2923.128 of the Revised Code. In addition to the | 2947 |
| suspension or revocation procedures set forth in section 2923.128 | 2948 |
| of the Revised Code, the sheriff may revoke the
license upon | 2949 |
| receiving information, verifiable by public documents, that the | 2950 |
| person is not eligible to possess a
firearm under either the laws | 2951 |
| of this state or of the United States or that the person committed | 2952 |
| perjury in obtaining the license; if the sheriff revokes a license | 2953 |
| under this additional authority, the sheriff
shall notify the | 2954 |
| person, by certified mail, return receipt requested, at the | 2955 |
| person's last known residence address that the license has been | 2956 |
| revoked and that the person is required to surrender the license | 2957 |
| at the sheriff's office within ten days of the date on which the | 2958 |
| notice was
mailed. Division (H) of section 2923.125 of the | 2959 |
| Revised Code applies regarding any suspension or revocation of a | 2960 |
| temporary emergency license to carry a concealed handgun. | 2961 |
| (F) If a temporary emergency license to carry a concealed | 2968 |
| handgun issued under this section is lost or is destroyed, the | 2969 |
| licensee may obtain from the sheriff who issued that license a | 2970 |
| duplicate license upon the payment of a fee of fifteen dollars and | 2971 |
| the submission of an affidavit attesting to the loss or | 2972 |
| destruction of the license. The sheriff, in accordance with the | 2973 |
| procedures prescribed in section 109.731 of the Revised Code, | 2974 |
| shall place on the replacement license a combination of | 2975 |
| identifying numbers different from the combination on the license | 2976 |
| that is being replaced. | 2977 |
| (I) A sheriff shall accept evidence of imminent danger, a | 2988 |
| sworn affidavit, the fee, and the set of fingerprints specified in | 2989 |
| division (B)(1) of this section at any time during normal business | 2990 |
| hours. In no case shall a sheriff require an appointment, or | 2991 |
| designate a specific period of time, for the submission or | 2992 |
| acceptance of evidence of imminent danger, a sworn affidavit, the | 2993 |
| fee, and the set of fingerprints specified in division (B)(1) of | 2994 |
| this section, or for the provision to any person of a standard | 2995 |
| form to be used for a person to apply for a temporary emergency | 2996 |
| license to carry a concealed handgun. | 2997 |
| (b) The loaded handgun is in a closed case, bag, box, or | 3035 |
| other container that is in plain sight and that has a lid, a | 3036 |
| cover, or a closing mechanism with a zipper, snap, or buckle, | 3037 |
| which lid, cover, or closing mechanism must be opened for a person | 3038 |
| to gain access to the handgun. | 3039 |
| (2) If the person is transporting or has a loaded handgun in | 3043 |
| a motor vehicle in a manner authorized under division (E)(1) of | 3044 |
| this section, knowingly remove or attempt to remove the loaded | 3045 |
| handgun from the holster, case, bag, box, container, or glove | 3046 |
compartment, or case, knowingly grasp or hold the loaded handgun, | 3047 |
| or knowingly have contact with the loaded handgun by touching it | 3048 |
| with the person's hands or fingers while the motor vehicle is | 3049 |
| being operated on a street, highway, or public property unless the | 3050 |
| person removes, attempts to remove, grasps, holds, or has the | 3051 |
| contact with the loaded handgun pursuant to and in accordance with | 3052 |
| directions given by a law enforcement officer; | 3053 |
| (3) If the person is the driver or an occupant of a motor | 3054 |
| vehicle that is stopped as a result of a traffic stop or a stop | 3055 |
| for another law enforcement purpose or is the driver or an | 3056 |
| occupant of a commercial motor vehicle that is stopped by an | 3057 |
| employee of the motor carrier enforcement unit for the purposes | 3058 |
| defined in section 5503.34 of the Revised Code, and if the person | 3059 |
| is transporting or has a loaded handgun in the motor vehicle or | 3060 |
| commercial motor vehicle in any manner, fail to do any of the | 3061 |
| following that is applicable: | 3062 |
| (b) If the person is the driver or an occupant of a | 3070 |
| commercial motor vehicle stopped by an employee of the motor | 3071 |
| carrier enforcement unit for any of the defined purposes, fail to | 3072 |
| promptly inform the employee of the unit who approaches the | 3073 |
| vehicle while stopped that the person has been issued a license or | 3074 |
| temporary emergency license to carry a concealed handgun and that | 3075 |
| the person then possesses or has a loaded handgun in the | 3076 |
| commercial motor vehicle. | 3077 |
| (4) If the person is the driver or an occupant of a motor | 3078 |
| vehicle that is stopped as a result of a traffic stop or a stop | 3079 |
| for another law enforcement purpose and if the person is | 3080 |
| transporting or has a loaded handgun in the motor vehicle in any | 3081 |
manner, knowingly disregard or fail to comply with any lawful | 3082 |
order of any law enforcement officer given while the motor vehicle | 3083 |
is stopped, knowingly fail to remain in the motor vehicle while | 3084 |
stopped, or knowingly fail to keep the person's hands in plain | 3085 |
| sight at any time after any law enforcement officer begins | 3086 |
| approaching the person while stopped and before the law | 3087 |
enforcement officer leaves, unless, regarding a failure to remain | 3088 |
in the motor vehicle or to keep the person's hands in plain sight, | 3089 |
| the failure is pursuant to and in accordance with directions given | 3090 |
| by a law enforcement officer; | 3091 |
| (5) If the person is the driver or an occupant of a motor | 3092 |
| vehicle that is stopped as a result of a traffic stop or a stop | 3093 |
| for another law enforcement purpose, if the person is transporting | 3094 |
| or has a loaded handgun in the motor vehicle in a manner | 3095 |
| authorized under division (E)(1) of this section, and if the | 3096 |
| person is approached by any law enforcement officer while stopped, | 3097 |
| knowingly remove or attempt to remove the loaded handgun from the | 3098 |
holster, case, bag, box, container, or glove compartment, or case, | 3099 |
| knowingly grasp or hold the loaded handgun, or knowingly have | 3100 |
| contact with the loaded handgun by touching it with the person's | 3101 |
| hands or fingers in the motor vehicle at any time after the law | 3102 |
| enforcement officer begins approaching and before the law | 3103 |
| enforcement officer leaves, unless the person removes, attempts to | 3104 |
| remove, grasps, holds, or has contact with the loaded handgun | 3105 |
| pursuant to and in accordance with directions given by the law | 3106 |
| enforcement officer; | 3107 |
| (6) If the person is the driver or an occupant of a motor | 3108 |
| vehicle that is stopped as a result of a traffic stop or a stop | 3109 |
| for another law enforcement purpose and if the person is | 3110 |
| transporting or has a loaded handgun in the motor vehicle in any | 3111 |
| manner, knowingly disregard or fail to comply with any lawful | 3112 |
| order of any law enforcement officer given while the motor vehicle | 3113 |
| is stopped, including, but not limited to, a specific order to the | 3114 |
| person to keep the person's hands in plain sight. | 3115 |
| (2) It is an affirmative defense to a charge under division | 3209 |
| (B) or (C) of this section of improperly handling firearms in a | 3210 |
| motor vehicle that the actor transported or had the firearm in the | 3211 |
| motor vehicle for any lawful purpose and while the motor vehicle | 3212 |
| was on the actor's own property, provided that this affirmative | 3213 |
| defense is not available unless the person, prior to arriving at | 3214 |
| the actor's own property, did not transport or possess the firearm | 3215 |
| in a motor vehicle in a manner prohibited by division (B) or (C) | 3216 |
| of this section while the motor vehicle was being operated on a | 3217 |
| street, highway, or other public or private property used by the | 3218 |
| public for vehicular traffic. | 3219 |
| (I) Whoever violates this section is guilty of improperly | 3225 |
|
handling firearms in a motor vehicle. Violation of division (A)
of | 3226 |
| this section is a felony of the fourth degree.
Violation of | 3227 |
| division (C) of this section is a misdemeanor of the
fourth | 3228 |
| degree. A violation of division (D) of this section is a felony of | 3229 |
| the fifth degree or, if the loaded handgun is concealed on the | 3230 |
| person's person, a felony of the fourth degree. A violation of | 3231 |
division (E)(3) of this section is a misdemeanor of the fourth | 3232 |
| first degree, and, in addition to any other penalty or sanction | 3233 |
| imposed for the violation, the offender's license or temporary | 3234 |
| emergency license to carry a concealed handgun shall be suspended | 3235 |
| pursuant to division (A)(2) of section 2923.128 of the Revised | 3236 |
| Code. A violation of division (E)(1), (2), or (5) of this section | 3237 |
| is a felony of the fifth degree. A violation of division (E)(4) or | 3238 |
| (6) of this section is a misdemeanor of the first degree or, if | 3239 |
| the offender previously has been convicted of or pleaded guilty to | 3240 |
| a violation of division (E)(4) or (6) of this section, a felony of | 3241 |
| the fifth degree. In addition to any other penalty or sanction | 3242 |
| imposed for a misdemeanor violation of division (E)(4) or (6) of | 3243 |
| this section, the offender's license or temporary emergency | 3244 |
| license to carry a concealed handgun shall be suspended pursuant | 3245 |
| to division (A)(2) of section 2923.128 of the Revised Code. A | 3246 |
| violation of division (B) of this section is whichever of the | 3247 |
| following is applicable: | 3248 |
|
(1) If, at the time of the transportation or possession in | 3249 |
| violation of division (B) of this section, the offender was | 3250 |
| carrying a valid license or temporary emergency license to carry a | 3251 |
| concealed handgun issued to the offender under section 2923.125 or | 3252 |
| 2923.1213 of the Revised Code or a license to carry a concealed | 3253 |
| handgun that was issued by another state with which the attorney | 3254 |
| general has entered into a reciprocity agreement under section | 3255 |
| 109.69 of the Revised Code and the offender was not knowingly in a | 3256 |
| place described in division (B) of section 2923.126 of the Revised | 3257 |
| Code, the violation is a misdemeanor of the first degree or, if | 3258 |
| the offender previously has been convicted of or pleaded guilty to | 3259 |
| a violation of division (B) of this section, a felony of the | 3260 |
| fourth degree. | 3261 |
| (J) If a law enforcement officer stops a motor vehicle for a | 3264 |
| traffic stop or any other purpose, if any person in the motor | 3265 |
| vehicle surrenders a firearm to the officer, either voluntarily or | 3266 |
| pursuant to a request or demand of the officer, and if the officer | 3267 |
| does not charge the person with a violation of this section or | 3268 |
| arrest the person for any offense, the person is not otherwise | 3269 |
| prohibited by law from possessing the firearm, and the firearm is | 3270 |
| not contraband, the officer shall return the firearm to the person | 3271 |
| at the termination of the stop. | 3272 |
| Section 2. That existing sections 109.71, 109.731, 109.801, | 3292 |
| 311.41, 1547.69, 2903.11, 2903.12, 2903.13, 2913.01, 2913.02, | 3293 |
| 2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125, | 3294 |
| 2923.126, 2923.127, 2923.128, 2923.1210, 2923.1213, and 2923.16 of | 3295 |
| the Revised Code are hereby repealed. | 3296 |