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| To amend sections 1531.01, 1533.01, and 2923.16 and | 1 |
| to enact section 1533.103 of the Revised Code to | 2 |
| require the Chief of the Division of Wildlife in | 3 |
| the Department of Natural Resources to issue | 4 |
| electric-powered all-purpose vehicle permits to | 5 |
| allow mobility impaired persons to hunt in public | 6 |
| wildlife areas using electric-powered all-purpose | 7 |
| vehicles. | 8 |
| Section 1. That sections 1531.01, 1533.01, and 2923.16 be | 9 |
| amended and section 1533.103 of the Revised Code be enacted to | 10 |
| read as follows: | 11 |
| Sec. 1531.01. As used in this chapter and Chapter 1533. of | 12 |
| the Revised Code: | 13 |
| (A) "Person" means a person as defined in section 1.59 of the | 14 |
| Revised Code or a company; an employee, agent, or officer of such | 15 |
| a person or company; a combination of individuals; the state; a | 16 |
| political subdivision of the state; an interstate body created by | 17 |
| a compact; or the federal government or a department, agency, or | 18 |
| instrumentality of it. | 19 |
| (B) "Resident" means any individual who has resided in this | 20 |
| state for not less than six months next preceding the date of | 21 |
| making application for a license. | 22 |
| (C) "Nonresident" means any individual who does not qualify | 23 |
| as a resident. | 24 |
| (D) "Division rule" or "rule" means any rule adopted by the | 25 |
| chief of the division of wildlife under section 1531.10 of the | 26 |
| Revised Code unless the context indicates otherwise. | 27 |
| (E) "Closed season" means that period of time during which | 28 |
| the taking of wild animals protected by this chapter and Chapter | 29 |
| 1533. of the Revised Code is prohibited. | 30 |
| (F) "Open season" means that period of time during which the | 31 |
| taking of wild animals protected by this chapter and Chapter 1533. | 32 |
| of the Revised Code is permitted. | 33 |
| (G) "Take or taking" includes pursuing, shooting, hunting, | 34 |
| killing, trapping, angling, fishing with a trotline, or netting | 35 |
| any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 36 |
| wild bird, or wild quadruped, and any lesser act, such as | 37 |
| wounding, or placing, setting, drawing, or using any other device | 38 |
| for killing or capturing any wild animal, whether it results in | 39 |
| killing or capturing the animal or not. "Take or taking" includes | 40 |
| every attempt to kill or capture and every act of assistance to | 41 |
| any other person in killing or capturing or attempting to kill or | 42 |
| capture a wild animal. | 43 |
| (H) "Possession" means both actual and constructive | 44 |
| possession and any control of things referred to. | 45 |
| (I) "Bag limit" means the number, measurement, or weight of | 46 |
| any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 47 |
| birds, and wild quadrupeds permitted to be taken. | 48 |
| (J) "Transport and transportation" means carrying or moving | 49 |
| or causing to be carried or moved. | 50 |
| (K) "Sell and sale" means barter, exchange, or offer or | 51 |
| expose for sale. | 52 |
| (L) "Whole to include part" means that every provision | 53 |
| relating to any wild animal protected by this chapter and Chapter | 54 |
| 1533. of the Revised Code applies to any part of the wild animal | 55 |
| with the same effect as it applies to the whole. | 56 |
| (M) "Angling" means fishing with not more than two hand | 57 |
| lines, not more than two units of rod and line, or a combination | 58 |
| of not more than one hand line and one rod and line, either in | 59 |
| hand or under control at any time while fishing. The hand line or | 60 |
| rod and line shall have attached to it not more than three baited | 61 |
| hooks, not more than three artificial fly rod lures, or one | 62 |
| artificial bait casting lure equipped with not more than three | 63 |
| sets of three hooks each. | 64 |
| (N) "Trotline" means a device for catching fish that consists | 65 |
| of a line having suspended from it, at frequent intervals, | 66 |
| vertical lines with hooks attached. | 67 |
| (O) "Fish" means a cold-blooded vertebrate having fins. | 68 |
| (P) "Measurement of fish" means length from the end of the | 69 |
| nose to the longest tip or end of the tail. | 70 |
| (Q) "Wild birds" includes game birds and nongame birds. | 71 |
| (R) "Game" includes game birds, game quadrupeds, and | 72 |
| fur-bearing animals. | 73 |
| (S) "Game birds" includes mourning doves, ringneck pheasants, | 74 |
| bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 75 |
| grouse, wild turkey, Hungarian partridge, Chukar partridge, | 76 |
| woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 77 |
| jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 78 |
| duck, geese, brant, and crows. | 79 |
| (T) "Nongame birds" includes all other wild birds not | 80 |
| included and defined as game birds or migratory game birds. | 81 |
| (U) "Wild quadrupeds" includes game quadrupeds and | 82 |
| fur-bearing animals. | 83 |
| (V) "Game quadrupeds" includes cottontail rabbits, gray | 84 |
| squirrels, black squirrels, fox squirrels, red squirrels, flying | 85 |
| squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 86 |
| wild boar, and black bears. | 87 |
| (W) "Fur-bearing animals" includes minks, weasels, raccoons, | 88 |
| skunks, opossums, muskrats, fox, beavers, badgers, otters, | 89 |
| coyotes, and bobcats. | 90 |
| (X) "Wild animals" includes mollusks, crustaceans, aquatic | 91 |
| insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 92 |
| and all other wild mammals, but does not include domestic deer. | 93 |
| (Y) "Hunting" means pursuing, shooting, killing, following | 94 |
| after or on the trail of, lying in wait for, shooting at, or | 95 |
| wounding wild birds or wild quadrupeds while employing any device | 96 |
| commonly used to kill or wound wild birds or wild quadrupeds | 97 |
| whether or not the acts result in killing or wounding. "Hunting" | 98 |
| includes every attempt to kill or wound and every act of | 99 |
| assistance to any other person in killing or wounding or | 100 |
| attempting to kill or wound wild birds or wild quadrupeds. | 101 |
| (Z) "Trapping" means securing or attempting to secure | 102 |
| possession of a wild bird or wild quadruped by means of setting, | 103 |
| placing, drawing, or using any device that is designed to close | 104 |
| upon, hold fast, confine, or otherwise capture a wild bird or wild | 105 |
| quadruped whether or not the means results in capture. "Trapping" | 106 |
| includes every act of assistance to any other person in capturing | 107 |
| wild birds or wild quadrupeds by means of the device whether or | 108 |
| not the means results in capture. | 109 |
| (AA) "Muskrat spear" means any device used in spearing | 110 |
| muskrats. | 111 |
| (BB) "Channels and passages" means those narrow bodies of | 112 |
| water lying between islands or between an island and the mainland | 113 |
| in Lake Erie. | 114 |
| (CC) "Island" means a rock or land elevation above the waters | 115 |
| of Lake Erie having an area of five or more acres above water. | 116 |
| (DD) "Reef" means an elevation of rock, either broken or in | 117 |
| place, or gravel shown by the latest United States chart to be | 118 |
| above the common level of the surrounding bottom of the lake, | 119 |
| other than the rock bottom, or in place forming the base or | 120 |
| foundation rock of an island or mainland and sloping from the | 121 |
| shore of it. "Reef" also means all elevations shown by that chart | 122 |
| to be above the common level of the sloping base or foundation | 123 |
| rock of an island or mainland, whether running from the shore of | 124 |
| an island or parallel with the contour of the shore of an island | 125 |
| or in any other way and whether formed by rock, broken or in | 126 |
| place, or from gravel. | 127 |
| (EE) "Fur farm" means any area used exclusively for raising | 128 |
| fur-bearing animals or in addition thereto used for hunting game, | 129 |
| the boundaries of which are plainly marked as such. | 130 |
| (FF) "Waters" includes any lake, pond, reservoir, stream, | 131 |
| channel, lagoon, or other body of water, or any part thereof, | 132 |
| whether natural or artificial. | 133 |
| (GG) "Crib" or "car" refers to that particular compartment of | 134 |
| the net from which the fish are taken when the net is lifted. | 135 |
| (HH) "Commercial fish" means those species of fish permitted | 136 |
| to be taken, possessed, bought, or sold unless otherwise | 137 |
| restricted by the Revised Code or division rule and are alewife | 138 |
| (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 139 |
| (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 140 |
| smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 141 |
| cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 142 |
| (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 143 |
| catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 144 |
| olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 145 |
| freshwater drum or sheepshead (Aplodinotus grunniens), gar | 146 |
| (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 147 |
| (Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 148 |
| (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 149 |
| (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 150 |
| sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 151 |
| than buffalo and quillback (Carpiodes sp., Catostomus sp., | 152 |
| Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 153 |
| chrysops), white perch (Roccus americanus), and yellow perch | 154 |
| (Perca flavescens). When the common name of a fish is used in this | 155 |
| chapter or Chapter 1533. of the Revised Code, it refers to the | 156 |
| fish designated by the scientific name in this definition. | 157 |
| (II) "Fishing" means taking or attempting to take fish by any | 158 |
| method, and all other acts such as placing, setting, drawing, or | 159 |
| using any device commonly used to take fish whether resulting in a | 160 |
| taking or not. | 161 |
| (JJ) "Fillet" means the pieces of flesh taken or cut from | 162 |
| both sides of a fish, joined to form one piece of flesh. | 163 |
| (KK) "Part fillet" means a piece of flesh taken or cut from | 164 |
| one side of a fish. | 165 |
| (LL) "Round" when used in describing fish means with head and | 166 |
| tail intact. | 167 |
| (MM) "Migrate" means the transit or movement of fish to or | 168 |
| from one place to another as a result of natural forces or | 169 |
| instinct and includes, but is not limited to, movement of fish | 170 |
| induced or caused by changes in the water flow. | 171 |
| (NN) "Spreader bar" means a brail or rigid bar placed across | 172 |
| the entire width of the back, at the top and bottom of the cars in | 173 |
| all trap, crib, and fyke nets for the purpose of keeping the | 174 |
| meshes hanging squarely while the nets are fishing. | 175 |
| (OO) "Fishing guide" means any person who, for consideration | 176 |
| or hire, operates a boat, rents, leases, or otherwise furnishes | 177 |
| angling devices, ice fishing shanties or shelters of any kind, or | 178 |
| other fishing equipment, and accompanies, guides, directs, or | 179 |
| assists any other person in order for the other person to engage | 180 |
| in fishing. | 181 |
| (PP) "Net" means fishing devices with meshes composed of | 182 |
| twine or synthetic material and includes, but is not limited to, | 183 |
| trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 184 |
| seines, except minnow seines and minnow dip nets. | 185 |
| (QQ) "Commercial fishing gear" means seines, trap nets, fyke | 186 |
| nets, dip nets, carp aprons, trotlines, other similar gear, and | 187 |
| any boat used in conjunction with that gear, but does not include | 188 |
| gill nets. | 189 |
| (RR) "Native wildlife" means any species of the animal | 190 |
| kingdom indigenous to this state. | 191 |
| (SS) "Gill net" means a single section of fabric or netting | 192 |
| seamed to a float line at the top and a lead line at the bottom, | 193 |
| which is designed to entangle fish in the net openings as they | 194 |
| swim into it. | 195 |
| (TT) "Tag fishing tournament" means a contest in which a | 196 |
| participant pays a fee, or gives other valuable consideration, for | 197 |
| a chance to win a prize by virtue of catching a tagged or | 198 |
| otherwise specifically marked fish within a limited period of | 199 |
| time. | 200 |
| (UU) "Tenant" means an individual who resides on land for | 201 |
| which the individual pays rent and whose annual income is | 202 |
| primarily derived from agricultural production conducted on that | 203 |
| land, as "agricultural production" is defined in section 929.01 of | 204 |
| the Revised Code. | 205 |
| (VV) "Nonnative wildlife" means any wild animal not | 206 |
| indigenous to this state, but does not include domestic deer. | 207 |
| (WW) "Reptiles" includes common musk turtle (sternotherus | 208 |
| odoratus), common snapping turtle (Chelydra serpentina | 209 |
| serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 210 |
| (Terrapene carolina carolina), Blanding's turtle (Emydoidea | 211 |
| blandingii), common map turtle (Graptemys geographica), ouachita | 212 |
| map turtle (Graptemys pseudogeographica ouachitensis), midland | 213 |
| painted turtle (Chrysemys picta marginata), red-eared slider | 214 |
| (Trachemys scripta elegans), eastern spiny softshell turtle | 215 |
| (Apalone spinifera spinifera), midland smooth softshell turtle | 216 |
| (Apalone mutica mutica), northern fence lizard (Sceloporus | 217 |
| undulatus hyacinthinus), ground skink (Scincella lateralis), | 218 |
| five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 219 |
| laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 220 |
| European wall lizard (Podarcis muralis), queen snake (Regina | 221 |
| septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 222 |
| water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 223 |
| (Nerodia sipedon insularum), copperbelly water snake (Nerodia | 224 |
| erythrogaster neglecta), northern brown snake (Storeria dekayi | 225 |
| dekayi), midland brown snake (Storeria dekayi wrightorum), | 226 |
| northern redbelly snake (Storeria occipitomaculata | 227 |
| occipitomaculata), eastern garter snake (Thamnophis sirtalis | 228 |
| sirtalis), eastern plains garter snake (Thamnophis radix radix), | 229 |
| Butler's garter snake (Thamnophis butleri), shorthead garter snake | 230 |
| (Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 231 |
| sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 232 |
| septentrionalis), eastern hognose snake (Heterodon platirhinos), | 233 |
| eastern smooth earth snake (Virginia valeriae valeriae), northern | 234 |
| ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 235 |
| (Carphophis amoenus helenae), eastern worm snake (Carphophis | 236 |
| amoenus amoenus), black racer (Coluber constrictor constrictor), | 237 |
| blue racer (Coluber constrictor foxii), rough green snake | 238 |
| (opheodrys aestivus), smooth green snake (opheodrys vernalis | 239 |
| vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 240 |
| snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 241 |
| getula nigra), eastern milk snake (Lampropeltis triangulum | 242 |
| triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 243 |
| eastern massasauga (Sistrurus catenatus catenatus), and timber | 244 |
| rattlesnake (Crotalus horridus horridus). | 245 |
| (XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 246 |
| alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 247 |
| maculosus), red-spotted newt (Notophthalmus viridescens | 248 |
| viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 249 |
| spotted salamander (Ambystoma maculatum), blue-spotted salamander | 250 |
| (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 251 |
| streamside salamander (Ambystoma barbouri), marbled salamander | 252 |
| (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 253 |
| tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 254 |
| mountain dusky salamander (Desmognathus ochrophaeus), redback | 255 |
| salamander (Plethodon cinereus), ravine salamander (Plethodon | 256 |
| richmondi), northern slimy salamander (Plethodon glutinosus), | 257 |
| Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 258 |
| (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 259 |
| porphyriticus duryi), northern spring salamander (Gyrinophilus | 260 |
| porphyriticus porphyriticus), mud salamander (Pseudotriton | 261 |
| montanus), northern red salamander (Pseudotriton ruber ruber), | 262 |
| green salamander (Aneides aeneus), northern two-lined salamander | 263 |
| (Eurycea bislineata), longtail salamander (Eurycea longicauda | 264 |
| longicauda), cave salamander (Eurycea lucifuga), southern | 265 |
| two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 266 |
| woodhousii fowleri), American toad (Bufo americanus), eastern | 267 |
| spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 268 |
| crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 269 |
| crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 270 |
| (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 271 |
| triseriata), mountain chorus frog (Pseudacris brachyphona), | 272 |
| bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 273 |
| northern leopard frog (Rana pipiens), pickerel frog (Rana | 274 |
| palustris), southern leopard frog (Rana utricularia), and wood | 275 |
| frog (Rana sylvatica). | 276 |
| (YY) "Deer" means white-tailed deer (Oddocoileus | 277 |
| virginianus). | 278 |
| (ZZ) "Domestic deer" means nonnative deer that have been | 279 |
| legally acquired or their offspring and that are held in private | 280 |
| ownership for primarily agricultural purposes. | 281 |
| (AAA) "Migratory game bird" includes waterfowl (Anatidae); | 282 |
| doves (Columbidae); cranes (Gruidae); cormorants | 283 |
| (Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 284 |
| woodcock and snipe (Scolopacidae). | 285 |
| (BBB) "Accompany" means to go along with another person while | 286 |
| staying within a distance from the person that enables | 287 |
| uninterrupted, unaided visual and auditory communication. | 288 |
| (CCC) "Electric-powered all-purpose vehicle" means any | 289 |
| battery-powered self-propelled electric vehicle that is designed | 290 |
| primarily for cross-country travel on land, water, or land and | 291 |
| water and that is steered by wheels, caterpillar treads, or a | 292 |
| combination of wheels and caterpillar treads and includes vehicles | 293 |
| that operate on a cushion of air, vehicles commonly known as | 294 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 295 |
| bikes. "Electric-powered all-purpose vehicle" does not include a | 296 |
| utility vehicle as defined in section 4501.01 of the Revised Code, | 297 |
| any vehicle that is principally used in playing golf, any motor | 298 |
| vehicle or aircraft that is required to be registered under | 299 |
| Chapter 4503. or 4561. of the Revised Code, or any vehicle that is | 300 |
| excluded from the definition of "motor vehicle" as provided in | 301 |
| division (B) of section 4501.01 of the Revised Code. | 302 |
| Sec. 1533.01. As used in this chapter, "person," "resident," | 303 |
| "nonresident," "division rule," "rule," "closed season," "open | 304 |
| season," "take or taking," "possession," "bag limit," "transport | 305 |
| and transportation," "sell and sale," "whole to include part," | 306 |
| "angling," "trotline," "fish," "measurement of fish," "wild | 307 |
| birds," "game," "game birds," "nongame birds," "wild quadrupeds," | 308 |
| "game quadrupeds," "fur-bearing animals," "wild animals," | 309 |
| "hunting," "trapping," "muskrat spear," "channels and passages," | 310 |
| "island," "reef," "fur farm," "waters," "crib," "car," "commercial | 311 |
| fish," "fishing," "fillet," "part fillet," "round," "migrate," | 312 |
| "spreader bar," "fishing guide," "net," "commercial fishing gear," | 313 |
| "native wildlife," "gill net," "tag fishing tournament," "tenant," | 314 |
|
"nonnative wildlife,"
"reptiles," "amphibians," | 315 |
| "domestic deer," "migratory game bird," "accompany," and | 316 |
| "electric-powered all-purpose vehicle" have the same meanings as | 317 |
| in section 1531.01 of the Revised Code. | 318 |
| Sec. 1533.103. The chief of the division of wildlife shall | 319 |
| adopt rules under section 1531.10 of the Revised Code that are | 320 |
| necessary to administer the issuance of permits for the use of | 321 |
| electric-powered all-purpose vehicles or motor vehicles by persons | 322 |
| with mobility impairments to hunt wild quadrupeds or game birds in | 323 |
| public wildlife areas. The rules shall establish eligibility | 324 |
| requirements, an application procedure, a fee requirement and the | 325 |
| amount of the fee, the duration of a permit, identification and | 326 |
| designation of public wildlife areas in which electric-powered | 327 |
| all-purpose vehicles or motor vehicles may be used by permit | 328 |
| holders, and any other procedures and requirements governing the | 329 |
| permits that the chief determines are necessary. | 330 |
| Sec. 2923.16. (A) No person shall knowingly discharge a | 331 |
| firearm while in or on a motor vehicle. | 332 |
| (B) No person shall knowingly transport or have a loaded | 333 |
| firearm in a motor vehicle in such a manner that the firearm is | 334 |
| accessible to the operator or any passenger without leaving the | 335 |
| vehicle. | 336 |
| (C) No person shall knowingly transport or have a firearm in | 337 |
| a motor vehicle, unless it is unloaded and is carried in one of | 338 |
| the following ways: | 339 |
| (1) In a closed package, box, or case; | 340 |
| (2) In a compartment that can be reached only by leaving the | 341 |
| vehicle; | 342 |
| (3) In plain sight and secured in a rack or holder made for | 343 |
| the purpose; | 344 |
| (4) In plain sight with the action open or the weapon | 345 |
| stripped, or, if the firearm is of a type on which the action will | 346 |
| not stay open or which cannot easily be stripped, in plain sight. | 347 |
| (D) No person shall knowingly transport or have a loaded | 348 |
| handgun in a motor vehicle if, at the time of that transportation | 349 |
| or possession, any of the following applies: | 350 |
| (1) The person is under the influence of alcohol, a drug of | 351 |
| abuse, or a combination of them. | 352 |
| (2) The person's whole blood, blood serum or plasma, breath, | 353 |
| or urine contains a concentration of alcohol prohibited for | 354 |
| persons operating a vehicle, as specified in division (A) of | 355 |
| section 4511.19 of the Revised Code, regardless of whether the | 356 |
| person at the time of the transportation or possession as | 357 |
| described in this division is the operator of or a passenger in | 358 |
| the motor vehicle. | 359 |
| (E) No person who has been issued a license or temporary | 360 |
| emergency license to carry a concealed handgun under section | 361 |
| 2923.125 or 2923.1213 of the Revised Code shall do any of the | 362 |
| following: | 363 |
| (1) Knowingly transport or have a loaded handgun in a motor | 364 |
| vehicle unless one of the following applies: | 365 |
| (a) The loaded handgun is in a holster on the person's | 366 |
| person. | 367 |
| (b) The loaded handgun is in a closed case, bag, box, or | 368 |
| other container that is in plain sight and that has a lid, a | 369 |
| cover, or a closing mechanism with a zipper, snap, or buckle, | 370 |
| which lid, cover, or closing mechanism must be opened for a person | 371 |
| to gain access to the handgun. | 372 |
| (c) The loaded handgun is securely encased by being stored in | 373 |
| a closed, locked glove compartment or in a case that is locked. | 374 |
| (2) If the person is transporting or has a loaded handgun in | 375 |
| a motor vehicle in a manner authorized under division (E)(1) of | 376 |
| this section, knowingly remove or attempt to remove the loaded | 377 |
| handgun from the holster, case, bag, box, container, or glove | 378 |
| compartment, knowingly grasp or hold the loaded handgun, or | 379 |
| knowingly have contact with the loaded handgun by touching it with | 380 |
| the person's hands or fingers while the motor vehicle is being | 381 |
| operated on a street, highway, or public property unless the | 382 |
| person removes, attempts to remove, grasps, holds, or has the | 383 |
| contact with the loaded handgun pursuant to and in accordance with | 384 |
| directions given by a law enforcement officer; | 385 |
| (3) If the person is the driver or an occupant of a motor | 386 |
| vehicle that is stopped as a result of a traffic stop or a stop | 387 |
| for another law enforcement purpose or is the driver or an | 388 |
| occupant of a commercial motor vehicle that is stopped by an | 389 |
| employee of the motor carrier enforcement unit for the purposes | 390 |
| defined in section 5503.34 of the Revised Code, and if the person | 391 |
| is transporting or has a loaded handgun in the motor vehicle or | 392 |
| commercial motor vehicle in any manner, fail to do any of the | 393 |
| following that is applicable: | 394 |
| (a) If the person is the driver or an occupant of a motor | 395 |
| vehicle stopped as a result of a traffic stop or a stop for | 396 |
| another law enforcement purpose, fail to promptly inform any law | 397 |
| enforcement officer who approaches the vehicle while stopped that | 398 |
| the person has been issued a license or temporary emergency | 399 |
| license to carry a concealed handgun and that the person then | 400 |
| possesses or has a loaded handgun in the motor vehicle; | 401 |
| (b) If the person is the driver or an occupant of a | 402 |
| commercial motor vehicle stopped by an employee of the motor | 403 |
| carrier enforcement unit for any of the defined purposes, fail to | 404 |
| promptly inform the employee of the unit who approaches the | 405 |
| vehicle while stopped that the person has been issued a license or | 406 |
| temporary emergency license to carry a concealed handgun and that | 407 |
| the person then possesses or has a loaded handgun in the | 408 |
| commercial motor vehicle. | 409 |
| (4) If the person is the driver or an occupant of a motor | 410 |
| vehicle that is stopped as a result of a traffic stop or a stop | 411 |
| for another law enforcement purpose and if the person is | 412 |
| transporting or has a loaded handgun in the motor vehicle in any | 413 |
| manner, knowingly fail to remain in the motor vehicle while | 414 |
| stopped or knowingly fail to keep the person's hands in plain | 415 |
| sight at any time after any law enforcement officer begins | 416 |
| approaching the person while stopped and before the law | 417 |
| enforcement officer leaves, unless the failure is pursuant to and | 418 |
| in accordance with directions given by a law enforcement officer; | 419 |
| (5) If the person is the driver or an occupant of a motor | 420 |
| vehicle that is stopped as a result of a traffic stop or a stop | 421 |
| for another law enforcement purpose, if the person is transporting | 422 |
| or has a loaded handgun in the motor vehicle in a manner | 423 |
| authorized under division (E)(1) of this section, and if the | 424 |
| person is approached by any law enforcement officer while stopped, | 425 |
| knowingly remove or attempt to remove the loaded handgun from the | 426 |
| holster, case, bag, box, container, or glove compartment, | 427 |
| knowingly grasp or hold the loaded handgun, or knowingly have | 428 |
| contact with the loaded handgun by touching it with the person's | 429 |
| hands or fingers in the motor vehicle at any time after the law | 430 |
| enforcement officer begins approaching and before the law | 431 |
| enforcement officer leaves, unless the person removes, attempts to | 432 |
| remove, grasps, holds, or has contact with the loaded handgun | 433 |
| pursuant to and in accordance with directions given by the law | 434 |
| enforcement officer; | 435 |
| (6) If the person is the driver or an occupant of a motor | 436 |
| vehicle that is stopped as a result of a traffic stop or a stop | 437 |
| for another law enforcement purpose and if the person is | 438 |
| transporting or has a loaded handgun in the motor vehicle in any | 439 |
| manner, knowingly disregard or fail to comply with any lawful | 440 |
| order of any law enforcement officer given while the motor vehicle | 441 |
| is stopped, including, but not limited to, a specific order to the | 442 |
| person to keep the person's hands in plain sight. | 443 |
| (F)(1) Divisions (A), (B), (C), and (E) of this section do | 444 |
| not apply to any of the following: | 445 |
| (a) An officer, agent, or employee of this or any other state | 446 |
| or the United States, or a law enforcement officer, when | 447 |
| authorized to carry or have loaded or accessible firearms in motor | 448 |
| vehicles and acting within the scope of the officer's, agent's, or | 449 |
| employee's duties; | 450 |
| (b) Any person who is employed in this state, who is | 451 |
| authorized to carry or have loaded or accessible firearms in motor | 452 |
| vehicles, and who is subject to and in compliance with the | 453 |
| requirements of section 109.801 of the Revised Code, unless the | 454 |
| appointing authority of the person has expressly specified that | 455 |
| the exemption provided in division (F)(1)(b) of this section does | 456 |
| not apply to the person. | 457 |
| (2) Division (A) of this section does not apply to a person | 458 |
| if all of the following circumstances apply: | 459 |
| (a) The person discharges a firearm from a motor vehicle at a | 460 |
| coyote or groundhog, the discharge is not during the deer gun | 461 |
| hunting season as set by the chief of the division of wildlife of | 462 |
| the department of natural resources, and the discharge at the | 463 |
| coyote or groundhog, but for the operation of this section, is | 464 |
| lawful. | 465 |
| (b) The motor vehicle from which the person discharges the | 466 |
| firearm is on real property that is located in an unincorporated | 467 |
| area of a township and that either is zoned for agriculture or is | 468 |
| used for agriculture. | 469 |
| (c) The person owns the real property described in division | 470 |
| (F)(2)(b) of this section, is the spouse or a child of another | 471 |
| person who owns that real property, is a tenant of another person | 472 |
| who owns that real property, or is the spouse or a child of a | 473 |
| tenant of another person who owns that real property. | 474 |
| (d) The person does not discharge the firearm in any of the | 475 |
| following manners: | 476 |
| (i) While under the influence of alcohol, a drug of abuse, or | 477 |
| alcohol and a drug of abuse; | 478 |
| (ii) In the direction of a street, highway, or other public | 479 |
| or private property used by the public for vehicular traffic or | 480 |
| parking; | 481 |
| (iii) At or into an occupied structure that is a permanent or | 482 |
| temporary habitation; | 483 |
| (iv) In the commission of any violation of law, including, | 484 |
| but not limited to, a felony that includes, as an essential | 485 |
| element, purposely or knowingly causing or attempting to cause the | 486 |
| death of or physical harm to another and that was committed by | 487 |
| discharging a firearm from a motor vehicle. | 488 |
| (3) Division (A) of this section does not apply to a person | 489 |
| if all of the following apply: | 490 |
| (a) The person possesses a valid electric-powered all-purpose | 491 |
| vehicle permit issued under section 1533.103 of the Revised Code | 492 |
| by the chief of the division of wildlife. | 493 |
| (b) The person discharges a firearm at a wild quadruped or | 494 |
| game bird as defined in section 1531.01 of the Revised Code during | 495 |
| the open hunting season for the applicable wild quadruped or game | 496 |
| bird. | 497 |
| (c) The person discharges a firearm from a stationary | 498 |
| electric-powered all-purpose vehicle as defined in section 1531.01 | 499 |
| of the Revised Code or a motor vehicle that is parked on a road | 500 |
| that is owned or administered by the division of wildlife, | 501 |
| provided that the road is identified by an electric-powered | 502 |
| all-purpose vehicle sign. | 503 |
| (d) The person does not discharge the firearm in any of the | 504 |
| following manners: | 505 |
| (i) While under the influence of alcohol, a drug of abuse, or | 506 |
| alcohol and a drug of abuse; | 507 |
| (ii) In the direction of a street, a highway, or other public | 508 |
| or private property that is used by the public for vehicular | 509 |
| traffic or parking; | 510 |
| (iii) At or into an occupied structure that is a permanent or | 511 |
| temporary habitation; | 512 |
| (iv) In the commission of any violation of law, including, | 513 |
| but not limited to, a felony that includes, as an essential | 514 |
| element, purposely or knowingly causing or attempting to cause the | 515 |
| death of or physical harm to another and that was committed by | 516 |
| discharging a firearm from a motor vehicle. | 517 |
| (4) Divisions (B) and (C) of this section do not apply to a | 518 |
| person if all of the following circumstances apply: | 519 |
| (a) At the time of the alleged violation of either of those | 520 |
| divisions, the person is the operator of or a passenger in a motor | 521 |
| vehicle. | 522 |
| (b) The motor vehicle is on real property that is located in | 523 |
| an unincorporated area of a township and that either is zoned for | 524 |
| agriculture or is used for agriculture. | 525 |
| (c) The person owns the real property described in division | 526 |
|
(D) | 527 |
| person who owns that real property, is a tenant of another person | 528 |
| who owns that real property, or is the spouse or a child of a | 529 |
| tenant of another person who owns that real property. | 530 |
| (d) The person, prior to arriving at the real property | 531 |
|
described in division
(D) | 532 |
| transport or possess a firearm in the motor vehicle in a manner | 533 |
| prohibited by division (B) or (C) of this section while the motor | 534 |
| vehicle was being operated on a street, highway, or other public | 535 |
| or private property used by the public for vehicular traffic or | 536 |
| parking. | 537 |
| | 538 |
| a person who transports or possesses a handgun in a motor vehicle | 539 |
| if, at the time of that transportation or possession, all of the | 540 |
| following apply: | 541 |
| (a) The person transporting or possessing the handgun is | 542 |
| carrying a valid license or temporary emergency license to carry a | 543 |
| concealed handgun issued to the person under section 2923.125 or | 544 |
| 2923.1213 of the Revised Code or a license to carry a concealed | 545 |
| handgun that was issued by another state with which the attorney | 546 |
| general has entered into a reciprocity agreement under section | 547 |
| 109.69 of the Revised Code. | 548 |
| (b) The person transporting or possessing the handgun is not | 549 |
| knowingly in a place described in division (B) of section 2923.126 | 550 |
| of the Revised Code. | 551 |
| (c) One of the following applies: | 552 |
| (i) The handgun is in a holster on the person's person. | 553 |
| (ii) The handgun is in a closed case, bag, box, or other | 554 |
| container that is in plain sight and that has a lid, a cover, or a | 555 |
| closing mechanism with a zipper, snap, or buckle, which lid, | 556 |
| cover, or closing mechanism must be opened for a person to gain | 557 |
| access to the handgun. | 558 |
| (iii) The handgun is securely encased by being stored in a | 559 |
| closed, locked glove compartment or in a case that is locked. | 560 |
| (6) Divisions (B) and (C) of this section do not apply to a | 561 |
| person if all of the following apply: | 562 |
| (a) The person possesses a valid electric-powered all-purpose | 563 |
| vehicle permit issued under section 1533.103 of the Revised Code | 564 |
| by the chief of the division of wildlife. | 565 |
| (b) The person is on or in an electric-powered all-purpose | 566 |
| vehicle as defined in section 1531.01 of the Revised Code or a | 567 |
| motor vehicle during the open hunting season for a wild quadruped | 568 |
| or game bird. | 569 |
| (c) The person is on or in an electric-powered all-purpose | 570 |
| vehicle as defined in section 1531.01 of the Revised Code or a | 571 |
| motor vehicle that is parked on a road that is owned or | 572 |
| administered by the division of wildlife, provided that the road | 573 |
| is identified by an electric-powered all-purpose vehicle sign. | 574 |
| (G)(1) The affirmative defenses authorized in divisions | 575 |
| (D)(1)and (2) of section 2923.12 of the Revised Code are | 576 |
| affirmative defenses to a charge under division (B) or (C) of this | 577 |
| section that involves a firearm other than a handgun. | 578 |
| (2) It is an affirmative defense to a charge under division | 579 |
| (B) or (C) of this section of improperly handling firearms in a | 580 |
| motor vehicle that the actor transported or had the firearm in the | 581 |
| motor vehicle for any lawful purpose and while the motor vehicle | 582 |
| was on the actor's own property, provided that this affirmative | 583 |
| defense is not available unless the person, prior to arriving at | 584 |
| the actor's own property, did not transport or possess the firearm | 585 |
| in a motor vehicle in a manner prohibited by division (B) or (C) | 586 |
| of this section while the motor vehicle was being operated on a | 587 |
| street, highway, or other public or private property used by the | 588 |
| public for vehicular traffic. | 589 |
| (H) No person who is charged with a violation of division | 590 |
| (B), (C), or (D) of this section shall be required to obtain a | 591 |
| license or temporary emergency license to carry a concealed | 592 |
| handgun under section 2923.125 or 2923.1213 of the Revised Code as | 593 |
| a condition for the dismissal of the charge. | 594 |
| (I) Whoever violates this section is guilty of improperly | 595 |
| handling firearms in a motor vehicle. Violation of division (A) of | 596 |
| this section is a felony of the fourth degree. Violation of | 597 |
| division (C) of this section is a misdemeanor of the fourth | 598 |
| degree. A violation of division (D) of this section is a felony of | 599 |
| the fifth degree or, if the loaded handgun is concealed on the | 600 |
| person's person, a felony of the fourth degree. A violation of | 601 |
| division (E)(3) of this section is a misdemeanor of the first | 602 |
| degree, and, in addition to any other penalty or sanction imposed | 603 |
| for the violation, the offender's license or temporary emergency | 604 |
| license to carry a concealed handgun shall be suspended pursuant | 605 |
| to division (A)(2) of section 2923.128 of the Revised Code. A | 606 |
| violation of division (E)(1), (2), or (5) of this section is a | 607 |
| felony of the fifth degree. A violation of division (E)(4) or (6) | 608 |
| of this section is a misdemeanor of the first degree or, if the | 609 |
| offender previously has been convicted of or pleaded guilty to a | 610 |
| violation of division (E)(4) or (6) of this section, a felony of | 611 |
| the fifth degree. In addition to any other penalty or sanction | 612 |
| imposed for a misdemeanor violation of division (E)(4) or (6) of | 613 |
| this section, the offender's license or temporary emergency | 614 |
| license to carry a concealed handgun shall be suspended pursuant | 615 |
| to division (A)(2) of section 2923.128 of the Revised Code. A | 616 |
| violation of division (B) of this section is whichever of the | 617 |
| following is applicable: | 618 |
| (1) If, at the time of the transportation or possession in | 619 |
| violation of division (B) of this section, the offender was | 620 |
| carrying a valid license or temporary emergency license to carry a | 621 |
| concealed handgun issued to the offender under section 2923.125 or | 622 |
| 2923.1213 of the Revised Code or a license to carry a concealed | 623 |
| handgun that was issued by another state with which the attorney | 624 |
| general has entered into a reciprocity agreement under section | 625 |
| 109.69 of the Revised Code and the offender was not knowingly in a | 626 |
| place described in division (B) of section 2923.126 of the Revised | 627 |
| Code, the violation is a misdemeanor of the first degree or, if | 628 |
| the offender previously has been convicted of or pleaded guilty to | 629 |
| a violation of division (B) of this section, a felony of the | 630 |
| fourth degree. | 631 |
| (2) If division (I)(1) of this section does not apply, a | 632 |
| felony of the fourth degree. | 633 |
| (J) If a law enforcement officer stops a motor vehicle for a | 634 |
| traffic stop or any other purpose, if any person in the motor | 635 |
| vehicle surrenders a firearm to the officer, either voluntarily or | 636 |
| pursuant to a request or demand of the officer, and if the officer | 637 |
| does not charge the person with a violation of this section or | 638 |
| arrest the person for any offense, the person is not otherwise | 639 |
| prohibited by law from possessing the firearm, and the firearm is | 640 |
| not contraband, the officer shall return the firearm to the person | 641 |
| at the termination of the stop. | 642 |
| (K) As used in this section: | 643 |
| (1) "Motor vehicle," "street," and "highway" have the same | 644 |
| meanings as in section 4511.01 of the Revised Code. | 645 |
| (2) "Occupied structure" has the same meaning as in section | 646 |
| 2909.01 of the Revised Code. | 647 |
| (3) "Agriculture" has the same meaning as in section 519.01 | 648 |
| of the Revised Code. | 649 |
| (4) "Tenant" has the same meaning as in section 1531.01 of | 650 |
| the Revised Code. | 651 |
| (5) "Unloaded" means, with respect to a firearm employing a | 652 |
| percussion cap, flintlock, or other obsolete ignition system, when | 653 |
| the weapon is uncapped or when the priming charge is removed from | 654 |
| the pan. | 655 |
| (6) "Commercial motor vehicle" has the same meaning as in | 656 |
| division (A) of section 4506.25 of the Revised Code. | 657 |
| (7) "Motor carrier enforcement unit" means the motor carrier | 658 |
| enforcement unit in the department of public safety, division of | 659 |
| state highway patrol, that is created by section 5503.34 of the | 660 |
| Revised Code. | 661 |
| Section 2. That existing sections 1531.01, 1533.01, and | 662 |
| 2923.16 of the Revised Code are hereby repealed. | 663 |