Sec. 2923.125.
(A) Upon the request of a person who wishes | 13 |
to obtain a license to carry a concealed handgun or to renew a | 14 |
license to carry a concealed handgun, a sheriff, as provided in | 15 |
division (I) of this section, shall provide to
the person free of | 16 |
charge an application form and a copy of the
pamphlet described in | 17 |
division (B) of section 109.731 of the
Revised Code. A sheriff | 18 |
shall accept a completed application form and the fee, items, | 19 |
materials, and information specified in divisions (B)(1) to (5) of | 20 |
this section at the times and in the manners described in division | 21 |
(I) of this section. | 22 |
(1) A nonrefundable license fee prescribed by the Ohio peace | 28 |
officer training commission pursuant to division (C) of section | 29 |
109.731 of the Revised Code, except that the sheriff
shall waive | 30 |
the payment of the license fee
in connection with an
initial or | 31 |
renewal application for a license that is
submitted by
an | 32 |
applicant who is a retired peace officer, a
retired person | 33 |
described in division (B)(1)(b) of section 109.77
of
the Revised | 34 |
Code, or a retired federal law enforcement officer
who, prior to | 35 |
retirement, was authorized under federal law to
carry a firearm in | 36 |
the course of duty, unless the retired peace officer, person, or | 37 |
federal law enforcement
officer retired as the result of a mental | 38 |
disability; | 39 |
(3) One or more of the following
competency
certifications, | 42 |
each of which shall reflect that, regarding a certification | 43 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 44 |
section, within
the three
years immediately preceding the | 45 |
application the
applicant has
performed that to which the | 46 |
competency certification
relates and that, regarding a | 47 |
certification described in division (B)(3)(d) of this section, the | 48 |
applicant currently is an active or reserve member of the armed | 49 |
forces of the United States or within the six years immediately | 50 |
preceding the application the honorable discharge or retirement to | 51 |
which the competency certification relates occurred: | 52 |
(iii) It was offered
by or under the auspices of a
law | 69 |
enforcement agency of this or
another state or the United
States, | 70 |
a public or private college,
university, or other similar | 71 |
postsecondary educational
institution
located in this or another | 72 |
state, a firearms training
school
located in this or another | 73 |
state, or another type of public
or
private entity or organization | 74 |
located in this or another
state. | 75 |
(c) An original or photocopy of a certificate of completion | 78 |
of a state, county, municipal, or department of natural resources | 79 |
peace officer training school that is approved by the executive | 80 |
director
of the Ohio peace officer training commission pursuant to | 81 |
section
109.75 of the Revised Code and that complies with the | 82 |
requirements set forth in division (G) of this section, or the | 83 |
applicant has satisfactorily
completed and been issued a | 84 |
certificate of completion of a basic
firearms training program, a | 85 |
firearms requalification training
program, or another basic | 86 |
training program described in section
109.78 or 109.801 of the | 87 |
Revised Code that complies with the requirements set forth in | 88 |
division (G) of this section; | 89 |
(i) That the applicant is an active or reserve member of
the | 91 |
armed forces of the United States, was honorably discharged
from | 92 |
military service in the active or reserve armed forces of the | 93 |
United States, is a retired trooper of the state highway patrol, | 94 |
or is a retired peace officer or federal law enforcement officer | 95 |
described in division (B)(1) of this section or a retired person | 96 |
described in division (B)(1)(b) of section 109.77 of the Revised | 97 |
Code and division (B)(1) of this section; | 98 |
(ii) That, through participation in the military service or | 99 |
through the former employment described in division
(B)(3)(d)(i) | 100 |
of this
section, the applicant acquired experience
with handling | 101 |
handguns
or other firearms, and the experience so
acquired was | 102 |
equivalent
to training that the applicant could have
acquired in a | 103 |
course,
class, or program described in division
(B)(3)(a), (b), or | 104 |
(c) of
this section. | 105 |
(e) A certificate or another similar document that evidences | 106 |
satisfactory completion of a firearms training, safety, or | 107 |
requalification or firearms safety instructor course, class, or | 108 |
program that is not otherwise
described in division (B)(3)(a), | 109 |
(b), (c), or (d) of this section,
that was conducted by an | 110 |
instructor who was certified by an
official or entity of the | 111 |
government of this or another state or
the United States or by the | 112 |
national rifle association, and that
complies with the | 113 |
requirements set forth in division (G) of this
section; | 114 |
(f) An affidavit that attests to the applicant's
satisfactory | 115 |
completion of a course, class, or program described
in division | 116 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 117 |
by the applicant's instructor or an authorized
representative of | 118 |
the entity that offered the course, class, or
program or under | 119 |
whose auspices the course, class, or program was
offered. | 120 |
(5) A set of fingerprints of the applicant provided as | 126 |
described in section 311.41 of the Revised Code through use of an | 127 |
electronic fingerprint reading device or, if the sheriff to whom | 128 |
the application is submitted does not possess and does not have | 129 |
ready access to the use of such a reading device, on a standard | 130 |
impression sheet prescribed pursuant to division (C)(2) of section | 131 |
109.572 of the Revised Code. | 132 |
(C) Upon receipt of an applicant's completed application | 133 |
form, supporting documentation, and, if not waived, license fee, a | 134 |
sheriff, in the manner specified in section 311.41 of the Revised | 135 |
Code, shall conduct or cause to be
conducted the criminal
records | 136 |
check and the incompetency records check described in section | 137 |
311.41 of the
Revised Code. | 138 |
(D)(1) Except as provided in division (D)(3), (4), or (5) of | 139 |
this
section, within forty-five days after a sheriff's receipt of | 140 |
an
applicant's
completed application form for a license to carry a | 141 |
concealed
handgun, the supporting documentation, and, if not | 142 |
waived, the license
fee, the sheriff shall make available through | 143 |
the law enforcement automated data system in accordance with | 144 |
division (H) of this section the information described in that | 145 |
division and, upon making the information available through the | 146 |
system, shall issue to the applicant a
license to carry a | 147 |
concealed handgun that shall expire as described in division | 148 |
(D)(2)(a) of this section if all of the
following apply: | 149 |
(i) If a person is absent from the United States, from this | 156 |
state, or from a particular county in this state in compliance | 157 |
with military or naval orders as an active or reserve member of | 158 |
the armed forces of the United States and if prior to leaving this | 159 |
state in compliance with those orders the person was legally | 160 |
living in the United States and was a resident of this state, the | 161 |
person, solely by reason of that absence, shall not be considered | 162 |
to have lost the person's status as living in the United States or | 163 |
the person's residence in this state or in the county in which the | 164 |
person was a resident prior to leaving this state in compliance | 165 |
with those orders, without regard to whether or not the person | 166 |
intends to return to this state or to that county, shall not be | 167 |
considered to have acquired a residence in any other state, and | 168 |
shall not be considered to have become a resident of any other | 169 |
state. | 170 |
(ii) If a person is present in this state in compliance with | 171 |
military or naval orders as an active or reserve member of the | 172 |
armed forces of the United States for at least forty-five days, | 173 |
the person shall be considered to have been a resident of this | 174 |
state for that period of at least forty-five days, and, if a | 175 |
person is present in a county of this state in compliance with | 176 |
military or naval orders as an active or reserve member of the | 177 |
armed forces of the United States for at least thirty days, the | 178 |
person shall be considered to have been a resident of that county | 179 |
for that period of at least thirty days. | 180 |
(d) The applicant is not under indictment for or otherwise | 183 |
charged with a felony; an offense under Chapter 2925., 3719., or | 184 |
4729. of the Revised Code that involves the illegal possession, | 185 |
use, sale, administration, or distribution of or trafficking in a | 186 |
drug of abuse; a misdemeanor offense of violence; or a violation | 187 |
of section 2903.14 or 2923.1211 of the Revised Code. | 188 |
(e) The applicant has not been convicted of or pleaded guilty | 189 |
to a felony or an offense under Chapter
2925., 3719., or 4729. of | 190 |
the Revised Code that involves the
illegal possession, use, sale, | 191 |
administration, or distribution of
or trafficking in a drug of | 192 |
abuse; has not been adjudicated a delinquent child for committing | 193 |
an act that if committed by an adult would be a felony or would be | 194 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 195 |
Code that involves the illegal possession, use, sale, | 196 |
administration, or distribution of or trafficking in a drug of | 197 |
abuse; and has not been convicted of, pleaded guilty to, or | 198 |
adjudicated a delinquent child for committing a violation of | 199 |
section
2903.13 of the Revised Code when the victim of the | 200 |
violation is a
peace officer, regardless of whether the applicant | 201 |
was sentenced
under division (C)(3) of that section. | 202 |
(f) The applicant, within three years of the date of the | 203 |
application, has not been convicted of or pleaded guilty to a | 204 |
misdemeanor offense of violence other than a
misdemeanor violation | 205 |
of section 2921.33 of the Revised Code or a
violation of section | 206 |
2903.13 of the Revised Code when the victim
of the violation is a | 207 |
peace officer, or a misdemeanor violation of
section 2923.1211 of | 208 |
the Revised Code; and has not been adjudicated a delinquent child | 209 |
for committing an act that if committed by an adult would be a | 210 |
misdemeanor offense of violence other than a misdemeanor violation | 211 |
of section 2921.33 of the Revised Code or a violation of section | 212 |
2903.13 of the Revised Code when the victim of the violation is a | 213 |
peace officer or for committing an act that if committed by an | 214 |
adult would be a misdemeanor violation of section 2923.1211 of the | 215 |
Revised Code. | 216 |
(i) The applicant has not been adjudicated as a mental | 226 |
defective, has not been committed to any mental institution, is | 227 |
not under adjudication of mental incompetence, has not been found | 228 |
by a court to be a mentally ill person subject to hospitalization | 229 |
by court order, and is not an involuntary patient other than one | 230 |
who is a patient only for purposes of observation. As used in this | 231 |
division, "mentally ill person subject to hospitalization by court | 232 |
order" and "patient" have the same meanings as in section 5122.01 | 233 |
of the Revised Code. | 234 |
(2)(a) A license to carry a concealed handgun that a sheriff | 254 |
issues under division (D)(1) of this section on or after the | 255 |
effective date of this amendmentMarch 14, 2007, shall expire five | 256 |
years after the date of issuance. A license to carry a concealed | 257 |
handgun that a sheriff issued under division (D)(1) of this | 258 |
section prior to the effective date of this amendmentMarch 14, | 259 |
2007, shall expire four years after the date of issuance. | 260 |
(b) If a sheriff denies an application under this section | 266 |
because the applicant does not satisfy the criteria described in | 267 |
division (D)(1) of this section, the sheriff shall specify the | 268 |
grounds for the denial in a written notice to the applicant. The | 269 |
applicant may appeal the denial pursuant to section 119.12 of the | 270 |
Revised Code in the county served by the sheriff who denied the | 271 |
application. If the denial was as a result of the criminal records | 272 |
check conducted pursuant to section 311.41 of the Revised Code and | 273 |
if, pursuant to section 2923.127 of the Revised Code, the | 274 |
applicant challenges the criminal records check results using the | 275 |
appropriate challenge and review procedure specified in that | 276 |
section, the time for filing the appeal pursuant to section 119.12 | 277 |
of the Revised Code and this division is tolled during the | 278 |
pendency of the request or the challenge and review. If the court | 279 |
in an appeal under section 119.12 of the Revised Code and this | 280 |
division enters a judgment sustaining the sheriff's refusal to | 281 |
grant to the applicant a license to carry a concealed handgun, the | 282 |
applicant may file a new application beginning one year after the | 283 |
judgment is entered. If the court enters a judgment in favor of | 284 |
the applicant, that judgment shall not restrict the authority of a | 285 |
sheriff to suspend or revoke the license pursuant to section | 286 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 287 |
the license for any proper cause that may occur after the date the | 288 |
judgment is entered. In the appeal, the court shall have full | 289 |
power to dispose of all costs. | 290 |
(E) If a license to carry a concealed handgun issued under | 305 |
this section is lost or is destroyed, the licensee may obtain from | 306 |
the sheriff who issued that license a duplicate license upon the | 307 |
payment of a fee of fifteen dollars and the submission of an | 308 |
affidavit attesting to the loss or destruction of the license. The | 309 |
sheriff, in accordance with the procedures prescribed in section | 310 |
109.731 of the Revised Code, shall place on the replacement | 311 |
license a combination of identifying numbers different from the | 312 |
combination on the license that is being replaced. | 313 |
(F) A licensee who wishes to renew a license to carry a | 314 |
concealed handgun issued under this section shall do so not | 315 |
earlier than ninety days before the expiration date of the license | 316 |
and not later than thirty days after the
expiration date of
the | 317 |
license by filing with the sheriff of the
county in which the | 318 |
applicant resides or with the sheriff of an
adjacent county an | 319 |
application for renewal of the license
obtained
pursuant to | 320 |
division (D) of this section, a new color
photograph
of the | 321 |
licensee that was taken within thirty days prior
to the
date of | 322 |
the renewal application, a certification by the applicant that, | 323 |
subsequent to the issuance of the license, the applicant has | 324 |
reread the pamphlet prepared by the Ohio peace officer training | 325 |
commission pursuant to section 109.731 of the Revised Code that | 326 |
reviews firearms, dispute resolution, and use of deadly force | 327 |
matters, a new set of fingerprints provided in the manner | 328 |
specified in division (B)(5) of this section regarding initial | 329 |
applications for a license to carry a concealed handgun, and a | 330 |
nonrefundable
license
renewal fee unless the fee is waived. The | 331 |
licensee also shall submit a competency certification of the type | 332 |
described in division (B)(3) of this section that is not older | 333 |
than six years or a renewed competency certification of the type | 334 |
described in division (G)(4) of this section that is not older | 335 |
than six years. A sheriff shall accept a completed renewal | 336 |
application and the fee, items, materials, and information | 337 |
specified in this division at the times and in the manners | 338 |
described in division (I) of this section. | 339 |
Upon receipt of a completed renewal application, color | 340 |
photograph, certification that the applicant has reread the | 341 |
specified pamphlet prepared by the Ohio peace officer training | 342 |
commission, new set of fingerprints, competency certification or | 343 |
renewed competency certification, and license renewal fee unless | 344 |
the fee is waived, a
sheriff, in the manner specified in section | 345 |
311.41 of the Revised Code shall conduct or
cause to be conducted | 346 |
the criminal
records check and the incompetency records check | 347 |
described in
section 311.41 of the
Revised Code.
The
sheriff
shall | 348 |
renew the license if
the sheriff determines that
the
applicant | 349 |
continues to satisfy the
requirements described in
division (D)(1) | 350 |
of this section, except that the applicant is required to submit a | 351 |
renewed competency certification only in the circumstances | 352 |
described in division (G)(4) of this section. A
renewed license | 353 |
that is renewed on or after the effective date of this amendment | 354 |
March 14, 2007, shall expire five years after the date of | 355 |
issuance, and a renewed license that is renewed prior to the | 356 |
effective date of this amendmentMarch 14, 2007, shall expire
four | 357 |
years after the date of issuance. A renewed license is subject to | 358 |
division
(E) of this section and sections
2923.126 and 2923.128 of | 359 |
the
Revised Code. A sheriff shall comply
with divisions (D)(2) to | 360 |
(4)
of this section when the
circumstances described in those | 361 |
divisions apply to a requested
license renewal. If a sheriff | 362 |
denies the renewal of a license to carry a concealed handgun, the | 363 |
applicant may appeal the denial, or challenge the criminal record | 364 |
check results that were the basis of the denial if applicable, in | 365 |
the same manner as specified in division (D)(2)(b) of this section | 366 |
and in section 2923.127 of the Revised Code, regarding the denial | 367 |
of a license under this section. | 368 |
(G)(1) Each course, class, or program described in division | 369 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 370 |
person who takes the course, class, or program a copy of the | 371 |
pamphlet prepared by the Ohio peace officer training commission | 372 |
pursuant to section 109.731 of the Revised Code that reviews | 373 |
firearms, dispute resolution, and use of deadly force matters. | 374 |
Each such course, class, or program described in one of those | 375 |
divisions shall include at least twelve hours of training
in the | 376 |
safe handling and use of a firearm that shall include all
of
the | 377 |
following: | 378 |
(3) The competency certification described in division | 401 |
(B)(3)(a), (b), (c), or (e) of this section shall be dated and | 402 |
shall attest that the
course, class, or program the applicant | 403 |
successfully completed met
the requirements described in division | 404 |
(G)(1) of this section and that the applicant passed the | 405 |
competency examination described in division (G)(2) of this | 406 |
section. | 407 |
(4) A person who has received a competency certification as | 408 |
described in division (B)(3) of this section, or who previously | 409 |
has received a renewed competency certification as described in | 410 |
this division, may obtain a renewed competency certification | 411 |
pursuant to this division. If the person has received a competency | 412 |
certification within the preceding six years, or previously has | 413 |
received a renewed competency certification within the preceding | 414 |
six years, the person may obtain a renewed competency | 415 |
certification from an entity that offers a course, class, or | 416 |
program described in division (B)(3)(a), (b), (c), or (e) of this | 417 |
section by passing a competency examination of the type described | 418 |
in division (G)(2) of this section. In these circumstances, the | 419 |
person is not required to attend the course, class, or program in | 420 |
order to be eligible to take the competency examination for the | 421 |
renewed competency certification. If more than six years has | 422 |
elapsed since the person last received a competency certification | 423 |
or a renewed competency certification, in order for the person to | 424 |
obtain a renewed competency certification, the person shall both | 425 |
satisfactorily complete a course, class, or program described in | 426 |
division (B)(3)(a), (b), (c), or (e) of this section and pass a | 427 |
competency examination of the type described in division (G)(2) of | 428 |
this section. A renewed competency certification issued under this | 429 |
division shall be dated and shall attest that the applicant passed | 430 |
the competency examination of the type described in division | 431 |
(G)(2) of this section and, if applicable, that the person | 432 |
successfully completed a course, class, or program that met the | 433 |
requirements described in division (G)(1) of this section. | 434 |
(H) Upon deciding to issue a license, deciding to issue a | 435 |
replacement license, or deciding to renew a license to carry a | 436 |
concealed handgun pursuant to this section, and before actually | 437 |
issuing or renewing the license, the sheriff shall make available | 438 |
through the law enforcement automated data system all information | 439 |
contained on the license. If the license subsequently is suspended | 440 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 441 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 442 |
the Revised Code, or lost or destroyed, the sheriff also shall | 443 |
make available through the law enforcement automated data system a | 444 |
notation of that fact. The superintendent of the state highway | 445 |
patrol shall ensure that the law enforcement automated data system | 446 |
is so configured as to permit the transmission through the system | 447 |
of the information specified in this division. | 448 |
(I) A sheriff shall accept a completed application form or | 449 |
renewal application, and the fee, items, materials, and | 450 |
information specified in divisions (B)(1) to (5) or division (F) | 451 |
of this section, whichever is applicable, and shall provide an | 452 |
application form or renewal application and a copy of the pamphlet | 453 |
described in division (B) of section 109.731 of the Revised Code | 454 |
to any person during at least fifteen hours a week. The sheriff | 455 |
shall post notice of the hours during which the sheriff is | 456 |
available to accept or provide the information described in this | 457 |
division. | 458 |