Sub. S. B. No. 184 As Passed by the House

As Passed by the House

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 184

Senator Buehrer

Cosponsors: Senators Faber, Grendell, Niehaus, Stivers, Padgett, Carey, Goodman, Mumper, Clancy, Schuring, Schaffer, Schuler, Cafaro, Kearney, Gardner, Austria, Seitz, Boccieri, Cates, Fedor, Harris, Spada, Wagoner, Wilson
Representatives Uecker, Peterson, Mandel, Dyer, Adams, Aslanides, Batchelder, Blessing, Bolon, Book, Brinkman, Coley, Collier, Combs, Core, Daniels, Dodd, Dolan, Domenick, Driehaus, Evans, Fessler, Flowers, Garrison, Gerberry, Gibbs, Goodwin, Goyal, Hagan, J., Hite, Hottinger, Huffman, Jones, McGregor, R., Mecklenborg, Oelslager, Okey, Otterman, J., Patton, Raussen, Reinhard, Sayre, Schindel, Schlichter, Schneider, Setzer, Stewart, J., Szollosi, Wachtmann, Webster, White, Widener, Yuko, Zehringer

A BILL

To amend sections 2307.60, 2901.05, 2923.12,

2923.121, 2923.122, 2923.125, 2923.126, 2923.128,

2923.129, 2923.1210, 2923.1212, 2923.1213,

2923.16, and 2929.14 and to enact sections

2307.601, 2901.09, and 2923.163 of the Revised

Code to bar recovery of damages in tort actions

commenced by criminal offenders in specified

circumstances even if the offender has not been

charged with or convicted of any offense based on

the offender's criminal conduct; to create a

rebuttable presumption that a person acted in

self defense or defense of another when using

defensive force that is intended or likely to

cause death or great bodily harm to another if

the person against whom the defensive force is

used is in the process of entering or has

entered, unlawfully and without privilege to do

so, the residence or vehicle occupied by the

person using the defensive force; to provide in

specified circumstances exemptions from illegal

possession of firearm in liquor permit premises

for the principal permit holder and the holder's

agents and employees who are off-duty peace

officers; to relocate the penalty for carrying a

concealed firearm in liquor permit premises; to

provide an exemption from illegal conveyance or

possession or deadly weapon or dangerous

ordnance in a school safety zone for a concealed

carry licensee immediately in the process of

picking up or dropping off a child; to change

when a concealed carry licensee cannot carry in

a government facility; to specify that a

concealed carry licensee's carrying of a

concealed handgun on a private, posted parking

lot is not criminal trespass; to conform the

OVI-related portion of improperly handling

firearms in a motor vehicle to R.C. 4511.19; to

revise how a concealed carry licensee may carry

a handgun in a vehicle; to specify when

carrying concealed weapons does not apply to

transporting or storing a firearm in a motor

vehicle or storing or possessing a firearm in

the home; to redefine "unloaded" for purposes of

improperly handling firearms in a motor vehicle

and to revise the elements of that offense as

they apply to an unloaded firearm; to alter

the requirements for renewing a concealed carry

license; to provide that an applicant's

convictions or delinquent child adjudications

that are sealed or expunged or for which relief

from disability has been granted cannot be

considered in determining eligibility for a

concealed handgun license or whether to suspend

or revoke such a license; to remove the

requirement for a retired peace officer

identification card that the officer have a

nonforfeitable right to retirement benefits; to

provide that a retired police officer's

successful completion of a firearms

requalification program requalifies the peace

officer for five years for purposes of obtaining

the rights of a concealed carry licensee; to

prohibit a landlord from prohibiting a concealed

carry licensee who is a tenant or guest from

lawfully carrying or possessing handguns in

residential premises; to require that the

integrity and identity of a firearm seized from a

person by a law enforcement officer be

maintained so that if returned it can be

identified and returned in the same condition as

when seized; to require a court that finds that

a law enforcement officer failed to return a

seized firearm upon demand and that orders the

officer to return it to the person to award

reasonable costs and attorney's fees to the

person who sought the order; to make other

firearms law-related changes; to prohibit the

imposition of a gun specification prison term if

the base offense is any of three specified

firearms-related offenses; and to remove current

sentencing restrictions and impose new

sentencing requirements when a court sentences

an offender convicted of multiple felonies and

multiple gun specifications.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2307.60, 2901.05, 2923.12, 2923.121,	85
2923.122, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210,	86
2923.1212, 2923.1213, 2923.16, and 2929.14 be amended and	87
sections 2307.601, 2901.09, and 2923.163 of the Revised Code be	88
enacted to read as follows:	89

Sec. 2307.60. (A)(1) Anyone injured in person or property by	90
a criminal act has, and may recover full damages in, a civil	91
action unless specifically excepted by law, may recover the costs	92
of maintaining the civil action and attorney's fees if authorized	93
by any provision of the Rules of Civil Procedure or another	94
section of the Revised Code or under the common law of this state,	95
and may recover punitive or exemplary damages if authorized by	96
section 2315.21 or another section of the Revised Code.	97

(2) A final judgment of a trial court that has not been	98
reversed on appeal or otherwise set aside, nullified, or vacated,	99
entered after a trial or upon a plea of guilty, but not upon a	100
plea of no contest or the equivalent plea from another	101
jurisdiction, that adjudges an offender guilty of an offense of	102
violence punishable by death or imprisonment in excess of one	103
year, when entered as evidence in any subsequent civil proceeding	104
based on the criminal act, shall preclude the offender from	105
denying in the subsequent civil proceeding any fact essential to	106
sustaining that judgment, unless the offender can demonstrate that	107
extraordinary circumstances prevented the offender from having a	108
full and fair opportunity to litigate the issue in the criminal	109
proceeding or other extraordinary circumstances justify affording	110
the offender an opportunity to relitigate the issue. The offender	111
may introduce evidence of the offender's pending appeal of the	112
final judgment of the trial court, if applicable, and the court	113
may consider that evidence in determining the liability of the	114
offender.	115

(B)(1) As used in division (B) of this section~~, "tort~~:

116

(a) "Tort action" means a civil action for damages for	117
injury, death, or loss to person or property other than a civil	118
action for damages for a breach of contract or another agreement	119
between persons. "Tort action" includes, but is not limited to, a	120
product liability claim, as defined in section 2307.71 of the	121
Revised Code, and an asbestos claim, as defined in section	122
2307.91 of the Revised Code, an action for wrongful death under	123
Chapter 2125. of the Revised Code, and an action based on	124
derivative claims for relief.	125

(b) "Residence" has the same meaning as in section 2901.05 of	126
the Revised Code.	127

(2) Recovery on a claim for relief in a tort action is barred	128
to any person or the person's legal representative if ~~the~~any of	129
the following apply:	130

(a) The person has been convicted of or has pleaded guilty to	131
a felony, or to a misdemeanor that is an offense of violence,	132
arising out of criminal conduct that was a proximate cause of the	133
injury or loss for which relief is claimed in the tort action.	134

~~(3) Division~~(b) The person engaged in conduct that, if	135
prosecuted, would constitute a felony, a misdemeanor that is an	136
offense of violence, an attempt to commit a felony, or an attempt	137
to commit a misdemeanor that is an offense of violence and that	138
conduct was a proximate cause of the injury or loss for which	139
relief is claimed in the tort action, regardless of whether the	140
person has been convicted of or pleaded guilty to or has been	141
charged with committing the felony, the misdemeanor, or the	142
attempt to commit the felony or misdemeanor.	143

(c) The person suffered the injury or loss for which relief	144
is claimed in the tort action as a proximate result of the victim	145
of conduct that, if prosecuted, would constitute a felony, a	146
misdemeanor that is an offense of violence, an attempt to commit	147
a felony, or an attempt to commit a misdemeanor that is an offense	148
of violence acting against the person in self-defense, defense	149
of another, or defense of the victim's residence, regardless of	150
whether the person has been convicted of or pleaded guilty to or	151
has been charged with committing the felony, the misdemeanor, or	152
the attempt to commit the felony or misdemeanor. Division	153
(B)(2)(c) of this section does not apply if the person who	154
suffered the injury or loss, at the time of the victim's act of	155
self-defense, defense of another, or defense of residence, was an	156
innocent bystander who had no connection with the underlying	157
conduct that prompted the victim's exercise of self-defense,	158
defense of another, or defense of residence.	159

(3) Recovery against a victim of conduct that, if prosecuted,	160
would constitute a felony, a misdemeanor that is an offense of	161
violence, an attempt to commit a felony, or an attempt to commit a	162
misdemeanor that is an offense of violence, on a claim for relief	163
in a tort action is barred to any person or the person's legal	164
representative if conduct the person engaged in against that	165
victim was a proximate cause of the injury or loss for which	166
relief is claimed in the tort action and that conduct, if	167
prosecuted, would constitute a felony, a misdemeanor that is an	168
offense of violence, an attempt to commit a felony, or an attempt	169
to commit a misdemeanor that is an offense of violence, regardless	170
of whether the person has been convicted of or pleaded guilty to	171
or has been charged with committing the felony, the misdemeanor,	172
or the attempt to commit the felony or misdemeanor.	173

(4) Divisions (B)(1) to (3) of this section ~~does~~do not	174
apply to civil claims based upon alleged intentionally tortious	175
conduct, alleged violations of the United States Constitution, or	176
alleged violations of statutes of the United States pertaining to	177
civil rights. For purposes of division (B)(4) of this section, a	178
person's act of self-defense, defense of another, or defense of	179
the person's residence does not constitute intentionally tortious	180
conduct.	181

Sec. 2307.601. (A) As used in this section:

182

(1) "Residence" and "vehicle" have the same meanings as in	183
section 2901.05 of the Revised Code.	184

(2) "Tort action" has the same meaning as in section 2307.60	185
of the Revised Code.	186

(B) For purposes of determining the potential liability of a	187
person in a tort action related to the person's use of force	188
alleged to be in self-defense, defense of another, or defense of	189
the person's residence, if the person lawfully is in that person's	190
residence, the person has no duty to retreat before using force in	191
self-defense, defense of another, or defense of that person's	192
residence, and, if the person lawfully is an occupant of that	193
person's vehicle or lawfully is an occupant in a vehicle owned by	194
an immediate family member of the person, the person has no duty	195
to retreat before using force in self-defense or defense of	196
another.	197

Sec. 2901.05. (A) Every person accused of an offense is	198
presumed innocent until proven guilty beyond a reasonable doubt,	199
and the burden of proof for all elements of the offense is upon	200
the prosecution. The burden of going forward with the evidence of	201
an affirmative defense, and the burden of proof, by a	202
preponderance of the evidence, for an affirmative defense, is upon	203
the accused.	204

(B)(1) Subject to division (B)(2) of this section, a person	205
is presumed to have acted in self defense or defense of another	206
when using defensive force that is intended or likely to cause	207
death or great bodily harm to another if the person against whom	208
the defensive force is used is in the process of unlawfully and	209
without privilege to do so entering, or has unlawfully and without	210
privilege to do so entered, the residence or vehicle occupied by	211
the person using the defensive force.	212

(2)(a) The presumption set forth in division (B)(1) of this	213
section does not apply if the person against whom the defensive	214
force is used has a right to be in, or is a lawful resident of,	215
the residence or vehicle.	216

(b) The presumption set forth in division (B)(1) of this	217
section does not apply if the person who uses the defensive force	218
uses it while in a residence or vehicle and the person is	219
unlawfully, and without privilege to be, in that residence or	220
vehicle.	221

(3) The presumption set forth in division (B)(1) of this	222
section is a rebuttable presumption and may be rebutted by a	223
preponderance of the evidence.	224

(C) As part of its charge to the jury in a criminal case, the	225
court shall read the definitions of "reasonable doubt" and "proof	226
beyond a reasonable doubt," contained in division (D) of this	227
section.	228

~~(C)~~(D) As used in this section~~, an~~:

229

(1) An "affirmative defense" is either of the following:

230

~~(1)~~(a) A defense expressly designated as affirmative;

231

~~(2)~~(b) A defense involving an excuse or justification	232
peculiarly within the knowledge of the accused, on which hethe	233
accused can fairly be required to adduce supporting evidence.	234

(2) "Dwelling" means a building or conveyance of any kind	235
that has a roof over it and that is designed to be occupied by	236
people lodging in the building or conveyance at night, regardless	237
of whether the building or conveyance is temporary or permanent or	238
is mobile or immobile. As used in this division, a building or	239
conveyance includes, but is not limited to, an attached porch, and	240
a building or conveyance with a roof over it includes, but is not	241
limited to, a tent.	242

(3) "Residence" means a dwelling in which a person resides	243
either temporarily or permanently or is visiting as a guest.	244

(4) "Vehicle" means a conveyance of any kind, whether or not	245
motorized, that is designed to transport people or property.	246

~~(D)~~(E) "Reasonable doubt" is present when the jurors, after	247
they have carefully considered and compared all the evidence,	248
cannot say they are firmly convinced of the truth of the charge.	249
It is a doubt based on reason and common sense. Reasonable doubt	250
is not mere possible doubt, because everything relating to human	251
affairs or depending on moral evidence is open to some possible	252
or imaginary doubt. "Proof beyond a reasonable doubt" is proof of	253
such character that an ordinary person would be willing to rely	254
and act upon it in the most important of ~~his~~the person's own	255
affairs.	256

Sec. 2901.09. (A) As used in this section, "residence" and	257
"vehicle" have the same meanings as in section 2901.05 of the	258
Revised Code.	259

(B) For purposes of any section of the Revised Code that sets	260
forth a criminal offense, a person who lawfully is in that	261
person's residence has no duty to retreat before using force in	262
self-defense, defense of another, or defense of that person's	263
residence, and a person who lawfully is an occupant of that	264
person's vehicle or who lawfully is an occupant in a vehicle owned	265
by an immediate family member of the person has no duty to retreat	266
before using force in self-defense or defense of another.	267

Sec. 2923.12. (A) No person shall knowingly carry or have,	268
concealed on the person's person or concealed ready at hand, any	269
of the following:	270

(1) A deadly weapon other than a handgun;

271

(2) A handgun other than a dangerous ordnance;

272

(3) A dangerous ordnance.

273

(B) No person who has been issued a license or temporary	274
emergency license to carry a concealed handgun under section	275
2923.125 or 2923.1213 of the Revised Code or a license to carry a	276
concealed handgun that was issued by another state with which the	277
attorney general has entered into a reciprocity agreement under	278
section 109.69 of the Revised Code shall do any of the following:	279

(1) If the person is stopped for a law enforcement purpose	280
and is carrying a concealed handgun, fail to promptly inform any	281
law enforcement officer who approaches the person after the person	282
has been stopped that the person has been issued a license or	283
temporary emergency license to carry a concealed handgun and that	284
the person then is carrying a concealed handgun;	285

(2) If the person is stopped for a law enforcement purpose	286
and if the person is carrying a concealed handgun, knowingly fail	287
to keep the person's hands in plain sight at any time after any	288
law enforcement officer begins approaching the person while	289
stopped and before the law enforcement officer leaves, unless the	290
failure is pursuant to and in accordance with directions given by	291
a law enforcement officer;	292

(3) If the person is stopped for a law enforcement purpose,	293
if the person is carrying a concealed handgun, and if the person	294
is approached by any law enforcement officer while stopped,	295
knowingly remove or attempt to remove the loaded handgun from the	296
holster, pocket, or other place in which the person is carrying	297
it, knowingly grasp or hold the loaded handgun, or knowingly have	298
contact with the loaded handgun by touching it with the person's	299
hands or fingers at any time after the law enforcement officer	300
begins approaching and before the law enforcement officer leaves,	301
unless the person removes, attempts to remove, grasps, holds, or	302
has contact with the loaded handgun pursuant to and in accordance	303
with directions given by the law enforcement officer;	304

(4) If the person is stopped for a law enforcement purpose	305
and if the person is carrying a concealed handgun, knowingly	306
disregard or fail to comply with any lawful order of any law	307
enforcement officer given while the person is stopped, including,	308
but not limited to, a specific order to the person to keep the	309
person's hands in plain sight.	310

(C)(1) This section does not apply to any of the following:

311

(a) An officer, agent, or employee of this or any other state	312
or the United States, or to a law enforcement officer, who is	313
authorized to carry concealed weapons or dangerous ordnance or is	314
authorized to carry handguns and is acting within the scope of the	315
officer's, agent's, or employee's duties;	316

(b) Any person who is employed in this state, who is	317
authorized to carry concealed weapons or dangerous ordnance or is	318
authorized to carry handguns, and who is subject to and in	319
compliance with the requirements of section 109.801 of the Revised	320
Code, unless the appointing authority of the person has expressly	321
specified that the exemption provided in division (C)(1)(b) of	322
this section does not apply to the person;	323

(c) A person's transportation or storage of a firearm, other	324
than a firearm described in divisions (G) to (M) of section	325
2923.11 of the Revised Code, in a motor vehicle for any lawful	326
purpose if the firearm is not on the actor's person;	327

(d) A person's storage or possession of a firearm, other than	328
a firearm described in divisions (G) to (M) of section 2923.11 of	329
the Revised Code, in the actor's own home for any lawful purpose.	330

(2) Division (A)(2) of this section does not apply to any	331
person who, at the time of the alleged carrying or possession of a	332
handgun, is carrying a valid license or temporary emergency	333
license to carry a concealed handgun issued to the person under	334
section 2923.125 or 2923.1213 of the Revised Code or a license to	335
carry a concealed handgun that was issued by another state with	336
which the attorney general has entered into a reciprocity	337
agreement under section 109.69 of the Revised Code, unless the	338
person knowingly is in a place described in division (B) of	339
section 2923.126 of the Revised Code.	340

(D) It is an affirmative defense to a charge under division	341
(A)(1) of this section of carrying or having control of a weapon	342
other than a handgun and other than a dangerous ordnance that the	343
actor was not otherwise prohibited by law from having the weapon	344
and that any of the following applies:	345

(1) The weapon was carried or kept ready at hand by the actor	346
for defensive purposes while the actor was engaged in or was going	347
to or from the actor's lawful business or occupation, which	348
business or occupation was of a character or was necessarily	349
carried on in a manner or at a time or place as to render the	350
actor particularly susceptible to criminal attack, such as would	351
justify a prudent person in going armed.	352

(2) The weapon was carried or kept ready at hand by the actor	353
for defensive purposes while the actor was engaged in a lawful	354
activity and had reasonable cause to fear a criminal attack upon	355
the actor, a member of the actor's family, or the actor's home,	356
such as would justify a prudent person in going armed.	357

(3) The weapon was carried or kept ready at hand by the actor	358
for any lawful purpose and while in the actor's own home.	359

~~(4) The weapon was being transported in a motor vehicle for~~	360
~~any lawful purpose, was not on the actor's person, and, if the~~	361
~~weapon was a firearm, was carried in compliance with the~~	362
~~applicable requirements of division (C) of section 2923.16 of the~~	363
~~Revised Code.~~	364

(E) ~~It is an affirmative defense to a charge under division~~	365
~~(A) of this section of carrying or having control of a handgun~~	366
~~other than a dangerous ordnance that the actor was not otherwise~~	367
~~prohibited by law from having the handgun and that the handgun was~~	368
~~carried or kept ready at hand by the actor for any lawful purpose~~	369
~~and while in the actor's own home, provided that this affirmative~~	370
~~defense is not available unless the actor, prior to arriving at~~	371
~~the actor's own home, did not transport or possess the handgun in~~	372
~~a motor vehicle in a manner prohibited by division (B) or (C) of~~	373
~~section 2923.16 of the Revised Code while the motor vehicle was~~	374
~~being operated on a street, highway, or other public or private~~	375
~~property used by the public for vehicular traffic.~~	376

~~(F)~~ No person who is charged with a violation of this section	377
shall be required to obtain a license or temporary emergency	378
license to carry a concealed handgun under section 2923.125 or	379
2923.1213 of the Revised Code as a condition for the dismissal of	380
the charge.	381

~~(G)~~(F)(1) Whoever violates this section is guilty of carrying	382
concealed weapons. Except as otherwise provided in this division	383
or division ~~(G)~~(F)(2) of this section, carrying concealed weapons	384
in violation of division (A) of this section is a misdemeanor of	385
the first degree. Except as otherwise provided in this division or	386
division ~~(G)~~(F)(2) of this section, if the offender previously has	387
been convicted of a violation of this section or of any offense of	388
violence, if the weapon involved is a firearm that is either	389
loaded or for which the offender has ammunition ready at hand, or	390
if the weapon involved is dangerous ordnance, carrying concealed	391
weapons in violation of division (A) of this section is a felony	392
of the fourth degree. Except as otherwise provided in division	393
~~(G)~~(F)(2) of this section, ~~if the weapon involved is a firearm and~~	394
~~the violation of this section is committed at premises for which a~~	395
~~D permit has been issued under Chapter 4303. of the Revised Code~~	396
or if the offense is committed aboard an aircraft, or with purpose	397
to carry a concealed weapon aboard an aircraft, regardless of the	398
weapon involved, carrying concealed weapons in violation of	399
division (A) of this section is a felony of the third degree.	400

(2) If a person being arrested for a violation of division	401
(A)(2) of this section promptly produces a valid license or	402
temporary emergency license to carry a concealed handgun issued	403
under section 2923.125 or 2923.1213 of the Revised Code or a	404
license to carry a concealed handgun that was issued by another	405
state with which the attorney general has entered into a	406
reciprocity agreement under section 109.69 of the Revised Code,	407
and if at the time of the violation the person was not knowingly	408
in a place described in division (B) of section 2923.126 of the	409
Revised Code, the officer shall not arrest the person for a	410
violation of that division. If the person is not able to promptly	411
produce any of those types of license and if the person is not in	412
a place described in that section, the officer may arrest the	413
person for a violation of that division, and the offender shall be	414
punished as follows:	415

(a) The offender shall be guilty of a minor misdemeanor if	416
both of the following apply:	417

(i) Within ten days after the arrest, the offender presents a	418
license or temporary emergency license to carry a concealed	419
handgun issued under section 2923.125 or 2923.1213 of the Revised	420
Code or a license to carry a concealed handgun that was issued by	421
another state with which the attorney general has entered into a	422
reciprocity agreement under section 109.69 of the Revised Code,	423
which license was valid at the time of the arrest to the law	424
enforcement agency that employs the arresting officer.	425

(ii) At the time of the arrest, the offender was not	426
knowingly in a place described in division (B) of section 2923.126	427
of the Revised Code.	428

(b) The offender shall be guilty of a misdemeanor and shall	429
be fined five hundred dollars if all of the following apply:	430

(i) The offender previously had been issued a license to	431
carry a concealed handgun under section 2923.125 of the Revised	432
Code or a license to carry a concealed handgun that was issued by	433
another state with which the attorney general has entered into a	434
reciprocity agreement under section 109.69 of the Revised Code and	435
that was similar in nature to a license issued under section	436
2923.125 of the Revised Code, and that license expired within the	437
two years immediately preceding the arrest.	438

(ii) Within forty-five days after the arrest, the offender	439
presents any type of license identified in division	440
~~(G)~~(F)(2)(a)(i) of this section to the law enforcement agency that	441
employed the arresting officer, and the offender waives in writing	442
the offender's right to a speedy trial on the charge of the	443
violation that is provided in section 2945.71 of the Revised Code.	444

(iii) At the time of the commission of the offense, the	445
offender was not knowingly in a place described in division (B) of	446
section 2923.126 of the Revised Code.	447

(c) If neither division ~~(G)~~(F)(2)(a) nor (b) of this section	448
applies, the offender shall be punished under division ~~(G)~~(F)(1)	449
of this section.	450

(3) ~~Carrying~~Except as otherwise provided in this division,	451
carrying concealed weapons in violation of division (B)(1) of this	452
section is a misdemeanor of the first degree, and, in addition to	453
any other penalty or sanction imposed for a violation of division	454
(B)(1) of this section, the offender's license or temporary	455
emergency license to carry a concealed handgun shall be suspended	456
pursuant to division (A)(2) of section 2923.128 of the Revised	457
Code. If, at the time of the stop of the offender for a law	458
enforcement purpose that was the basis of the violation, any law	459
enforcement officer involved with the stop had actual knowledge	460
that the offender has been issued a license or temporary	461
emergency license to carry a concealed handgun, carrying	462
concealed weapons in violation of division (B)(1) of this section	463
is a minor misdemeanor, and the offender's license or temporary	464
emergency license to carry a concealed handgun shall not be	465
suspended pursuant to division (A)(2) of section 2923.128 of the	466
Revised Code.	467

(4) Carrying concealed weapons in violation of division	468
(B)(2) or (4) of this section is a misdemeanor of the first degree	469
or, if the offender previously has been convicted of or pleaded	470
guilty to a violation of division (B)(2) or (4) of this section, a	471
felony of the fifth degree. In addition to any other penalty or	472
sanction imposed for a misdemeanor violation of division (B)(2) or	473
(4) of this section, the offender's license or temporary emergency	474
license to carry a concealed handgun shall be suspended pursuant	475
to division (A)(2) of section 2923.128 of the Revised Code.	476

(5) Carrying concealed weapons in violation of division	477
(B)(3) of this section is a felony of the fifth degree.	478

~~(H)~~(G) If a law enforcement officer stops a person to	479
question the person regarding a possible violation of this	480
section, for a traffic stop, or for any other law enforcement	481
purpose, if the person surrenders a firearm to the officer, either	482
voluntarily or pursuant to a request or demand of the officer, and	483
if the officer does not charge the person with a violation of this	484
section or arrest the person for any offense, the person is not	485
otherwise prohibited by law from possessing the firearm, and the	486
firearm is not contraband, the officer shall return the firearm to	487
the person at the termination of the stop. If a court orders a law	488
enforcement officer to return a firearm to a person pursuant to	489
the requirement set forth in this division, division (B) of	490
section 2923.163 of the Revised Code applies.	491

Sec. 2923.121. (A) No person shall possess a firearm in any	492
room in which any person is consuming liquor ~~is being dispensed~~ in	493
premises for which a D permit has been issued under Chapter 4303.	494
of the Revised Code or in an open air arena for which a permit of	495
that nature has been issued.	496

(B)(1) This section does not apply to any of the following:

497

(a) An officer, agent, or employee of this or any other state	498
or the United States, or to a law enforcement officer, who is	499
authorized to carry firearms and is acting within the scope of the	500
officer's, agent's, or employee's duties;	501

(b) Any person who is employed in this state, who is	502
authorized to carry firearms, and who is subject to and in	503
compliance with the requirements of section 109.801 of the Revised	504
Code, unless the appointing authority of the person has expressly	505
specified that the exemption provided in division (B)(1)(b) of	506
this section does not apply to the person.;	507

~~(2) This section does not apply to any~~(c) Any room used for	508
the accommodation of guests of a hotel, as defined in section	509
4301.01 of the Revised Code.;	510

(d) The principal holder of a D permit issued for premises or	511
an open air arena under Chapter 4303. of the Revised Code while	512
in the premises or open air arena for which the permit was issued	513
if the principal holder of the D permit also possesses a valid	514
license or temporary emergency license to carry a concealed	515
handgun issued to the principal holder under section 2923.125 or	516
2923.1213 of the Revised Code or a license to carry a concealed	517
handgun that was issued to the principal holder by another state	518
with which the attorney general has entered into a reciprocity	519
agreement under section 109.69 of the Revised Code and as long as	520
the principal holder is not consuming liquor or under the	521
influence of alcohol or a drug of abuse, or any agent or	522
employee of that holder who also is a peace officer, as defined	523
in section 2151.3515 of the Revised Code, who is off duty, and	524
who otherwise is authorized to carry firearms while in the course	525
of the officer's official duties and while in the premises or	526
open air arena for which the permit was issued and as long as	527
the agent or employee of that holder is not consuming liquor or	528
under the influence of alcohol or a drug of abuse.	529

(e) Any person who is carrying a valid license or temporary	530
emergency license to carry a concealed handgun issued to the	531
person under section 2923.125 or 2923.1213 of the Revised Code or	532
a license to carry a concealed handgun that was issued to the	533
person by another state with which the attorney general has	534
entered into a reciprocity agreement under section 109.69 of the	535
Revised Code and who possesses the firearm in a retail store with	536
D-6 and D-8 permits issued for that store under sections 4303.182	537
and 4303.184 of the Revised Code or a D-8 permit issued for that	538
store under section 4303.184 of the Revised Code, as long as the	539
person is not consuming liquor or under the influence of alcohol	540
or a drug of abuse.	541

~~(3)~~(2) This section does not prohibit any person who is a	542
member of a veteran's organization, as defined in section 2915.01	543
of the Revised Code, from possessing a rifle in any room in any	544
premises owned, leased, or otherwise under the control of the	545
veteran's organization, if the rifle is not loaded with live	546
ammunition and if the person otherwise is not prohibited by law	547
from having the rifle.	548

~~(4)~~(3) This section does not apply to any person possessing	549
or displaying firearms in any room used to exhibit unloaded	550
firearms for sale or trade in a soldiers' memorial established	551
pursuant to Chapter 345. of the Revised Code, in a convention	552
center, or in any other public meeting place, if the person is an	553
exhibitor, trader, purchaser, or seller of firearms and is not	554
otherwise prohibited by law from possessing, trading, purchasing,	555
or selling the firearms.	556

(C) It is an affirmative defense to a charge under this	557
section of illegal possession of a firearm in liquor permit	558
premises that involves the possession of a firearm other than a	559
handgun, that the actor was not otherwise prohibited by law from	560
having the firearm, and that any of the following apply:	561

(1) The firearm was carried or kept ready at hand by the	562
actor for defensive purposes, while the actor was engaged in or	563
was going to or from the actor's lawful business or occupation,	564
which business or occupation was of such character or was	565
necessarily carried on in such manner or at such a time or place	566
as to render the actor particularly susceptible to criminal	567
attack, such as would justify a prudent person in going armed.	568

(2) The firearm was carried or kept ready at hand by the	569
actor for defensive purposes, while the actor was engaged in a	570
lawful activity, and had reasonable cause to fear a criminal	571
attack upon the actor or a member of the actor's family, or upon	572
the actor's home, such as would justify a prudent person in going	573
armed.	574

(D) No person who is charged with a violation of this section	575
shall be required to obtain a license or temporary emergency	576
license to carry a concealed handgun under section 2923.125 or	577
2923.1213 of the Revised Code as a condition for the dismissal of	578
the charge.	579

(E) Whoever violates this section is guilty of illegal	580
possession of a firearm in liquor permit premises,. Except as	581
otherwise provided in this division, illegal possession of a	582
firearm in liquor permit premises is a felony of the fifth degree.	583
If the offender commits the violation of this section by knowingly	584
carrying or having the firearm concealed on the offender's person	585
or concealed ready at hand, illegal possession of a firearm in	586
liquor permit premises is a felony of the third degree.	587

Sec. 2923.122. (A) No person shall knowingly convey, or	588
attempt to convey, a deadly weapon or dangerous ordnance into a	589
school safety zone.	590

(B) No person shall knowingly possess a deadly weapon or	591
dangerous ordnance in a school safety zone.	592

(C) No person shall knowingly possess an object in a school	593
safety zone if both of the following apply:	594

(1) The object is indistinguishable from a firearm, whether	595
or not the object is capable of being fired.	596

(2) The person indicates that the person possesses the object	597
and that it is a firearm, or the person knowingly displays or	598
brandishes the object and indicates that it is a firearm.	599

(D)(1) This section does not apply to any of the following:

600

(a) An officer, agent, or employee of this or any other state	601
or the United States, or a law enforcement officer, who is	602
authorized to carry deadly weapons or dangerous ordnance and is	603
acting within the scope of the officer's, agent's, or employee's	604
duties, a security officer employed by a board of education or	605
governing body of a school during the time that the security	606
officer is on duty pursuant to that contract of employment, or	607
any other person who has written authorization from the board of	608
education or governing body of a school to convey deadly weapons	609
or dangerous ordnance into a school safety zone or to possess a	610
deadly weapon or dangerous ordnance in a school safety zone and	611
who conveys or possesses the deadly weapon or dangerous ordnance	612
in accordance with that authorization;	613

(b) Any person who is employed in this state, who is	614
authorized to carry deadly weapons or dangerous ordnance, and who	615
is subject to and in compliance with the requirements of section	616
109.801 of the Revised Code, unless the appointing authority of	617
the person has expressly specified that the exemption provided in	618
division (D)(1)(b) of this section does not apply to the person.	619

(2) Division (C) of this section does not apply to premises	620
upon which home schooling is conducted. Division (C) of this	621
section also does not apply to a school administrator, teacher, or	622
employee who possesses an object that is indistinguishable from a	623
firearm for legitimate school purposes during the course of	624
employment, a student who uses an object that is indistinguishable	625
from a firearm under the direction of a school administrator,	626
teacher, or employee, or any other person who with the express	627
prior approval of a school administrator possesses an object that	628
is indistinguishable from a firearm for a legitimate purpose,	629
including the use of the object in a ceremonial activity, a play,	630
reenactment, or other dramatic presentation, or a ROTC activity or	631
another similar use of the object.	632

(3) This section does not apply to a person who conveys or	633
attempts to convey a handgun into, or possesses a handgun in, a	634
school safety zone if, at the time of that conveyance, attempted	635
conveyance, or possession of the handgun, all of the following	636
apply:	637

(a) The person does not enter into a school building or onto	638
school premises and is not at a school activity.	639

(b) The person is carrying a valid license or temporary	640
emergency license to carry a concealed handgun issued to the	641
person under section 2923.125 or 2923.1213 of the Revised Code or	642
a license to carry a concealed handgun that was issued by another	643
state with which the attorney general has entered into a	644
reciprocity agreement under section 109.69 of the Revised Code.	645

(c) The person is in the school safety zone in accordance	646
with 18 U.S.C. 922(q)(2)(B).	647

(d) The person is not knowingly in a place described in	648
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	649
Revised Code.	650

(4) This section does not apply to a person who conveys or	651
attempts to convey a handgun into, or possesses a handgun in, a	652
school safety zone if at the time of that conveyance, attempted	653
conveyance, or possession of the handgun all of the following	654
apply:	655

(a) The person is carrying a valid license or temporary	656
emergency license to carry a concealed handgun issued to the	657
person under section 2923.125 or 2923.1213 of the Revised Code or	658
a license to carry a concealed handgun that was issued by another	659
state with which the attorney general has entered into a	660
reciprocity agreement under section 109.69 of the Revised Code.	661

(b) The person is the driver or passenger in a motor vehicle	662
and is in the school safety zone while immediately in the process	663
of picking up or dropping off a child.	664

(c) The person is not in violation of section 2923.16 of the	665
Revised Code.	666

(E)(1) Whoever violates division (A) or (B) of this section	667
is guilty of illegal conveyance or possession of a deadly weapon	668
or dangerous ordnance in a school safety zone. Except as	669
otherwise provided in this division, illegal conveyance or	670
possession of a deadly weapon or dangerous ordnance in a school	671
safety zone is a felony of the fifth degree. If the offender	672
previously has been convicted of a violation of this section,	673
illegal conveyance or possession of a deadly weapon or dangerous	674
ordnance in a school safety zone is a felony of the fourth degree.	675

(2) Whoever violates division (C) of this section is guilty	676
of illegal possession of an object indistinguishable from a	677
firearm in a school safety zone. Except as otherwise provided in	678
this division, illegal possession of an object indistinguishable	679
from a firearm in a school safety zone is a misdemeanor of the	680
first degree. If the offender previously has been convicted of a	681
violation of this section, illegal possession of an object	682
indistinguishable from a firearm in a school safety zone is a	683
felony of the fifth degree.	684

(F)(1) In addition to any other penalty imposed upon a person	685
who is convicted of or pleads guilty to a violation of this	686
section and subject to division (F)(2) of this section, if the	687
offender has not attained nineteen years of age, regardless of	688
whether the offender is attending or is enrolled in a school	689
operated by a board of education or for which the state board of	690
education prescribes minimum standards under section 3301.07 of	691
the Revised Code, the court shall impose upon the offender a class	692
four suspension of the offender's probationary driver's license,	693
restricted license, driver's license, commercial driver's license,	694
temporary instruction permit, or probationary commercial driver's	695
license that then is in effect from the range specified in	696
division (A)(4) of section 4510.02 of the Revised Code and shall	697
deny the offender the issuance of any permit or license of that	698
type during the period of the suspension.	699

If the offender is not a resident of this state, the court	700
shall impose a class four suspension of the nonresident operating	701
privilege of the offender from the range specified in division	702
(A)(4) of section 4510.02 of the Revised Code.	703

(2) If the offender shows good cause why the court should not	704
suspend one of the types of licenses, permits, or privileges	705
specified in division (F)(1) of this section or deny the issuance	706
of one of the temporary instruction permits specified in that	707
division, the court in its discretion may choose not to impose the	708
suspension, revocation, or denial required in that division.	709

(G) As used in this section, "object that is	710
indistinguishable from a firearm" means an object made,	711
constructed, or altered so that, to a reasonable person without	712
specialized training in firearms, the object appears to be a	713
firearm.	714

Sec. 2923.125. (A) Upon the request of a person who wishes	715
to obtain a license to carry a concealed handgun or to renew a	716
license to carry a concealed handgun, a sheriff, as provided in	717
division (I) of this section, shall provide to the person free of	718
charge an application form and a copy of the pamphlet described in	719
division (B) of section 109.731 of the Revised Code. A sheriff	720
shall accept a completed application form and the fee, items,	721
materials, and information specified in divisions (B)(1) to (5) of	722
this section at the times and in the manners described in division	723
(I) of this section.	724

(B) An applicant for a license to carry a concealed handgun	725
shall submit a completed application form and all of the following	726
to the sheriff of the county in which the applicant resides or to	727
the sheriff of any county adjacent to the county in which the	728
applicant resides:	729

(1) A nonrefundable license fee prescribed by the Ohio peace	730
officer training commission pursuant to division (C) of section	731
109.731 of the Revised Code, except that the sheriff shall waive	732
the payment of the license fee in connection with an initial or	733
renewal application for a license that is submitted by an	734
applicant who is a retired peace officer, a retired person	735
described in division (B)(1)(b) of section 109.77 of the Revised	736
Code, or a retired federal law enforcement officer who, prior to	737
retirement, was authorized under federal law to carry a firearm in	738
the course of duty, unless the retired peace officer, person, or	739
federal law enforcement officer retired as the result of a mental	740
disability;	741

(2) A color photograph of the applicant that was taken within	742
thirty days prior to the date of the application;	743

(3) One or more of the following competency certifications,	744
each of which shall reflect that, regarding a certification	745
described in division (B)(3)(a), (b), (c), (e), or (f) of this	746
section, within the three years immediately preceding the	747
application the applicant has performed that to which the	748
competency certification relates and that, regarding a	749
certification described in division (B)(3)(d) of this section, the	750
applicant currently is an active or reserve member of the armed	751
forces of the United States or within the six years immediately	752
preceding the application the honorable discharge or retirement to	753
which the competency certification relates occurred:	754

(a) An original or photocopy of a certificate of completion	755
of a firearms safety, training, or requalification or firearms	756
safety instructor course, class, or program that was offered by or	757
under the auspices of the national rifle association and that	758
complies with the requirements set forth in division (G) of this	759
section;	760

(b) An original or photocopy of a certificate of completion	761
of a firearms safety, training, or requalification or firearms	762
safety instructor course, class, or program that satisfies all of	763
the following criteria:	764

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

765

(ii) It utilized qualified instructors who were certified by	766
the national rifle association, the executive director of the Ohio	767
peace officer training commission pursuant to section 109.75 or	768
109.78 of the Revised Code, or a governmental official or entity	769
of another state.	770

(iii) It was offered by or under the auspices of a law	771
enforcement agency of this or another state or the United States,	772
a public or private college, university, or other similar	773
postsecondary educational institution located in this or another	774
state, a firearms training school located in this or another	775
state, or another type of public or private entity or organization	776
located in this or another state.	777

(iv) It complies with the requirements set forth in division	778
(G) of this section.	779

(c) An original or photocopy of a certificate of completion	780
of a state, county, municipal, or department of natural resources	781
peace officer training school that is approved by the executive	782
director of the Ohio peace officer training commission pursuant to	783
section 109.75 of the Revised Code and that complies with the	784
requirements set forth in division (G) of this section, or the	785
applicant has satisfactorily completed and been issued a	786
certificate of completion of a basic firearms training program, a	787
firearms requalification training program, or another basic	788
training program described in section 109.78 or 109.801 of the	789
Revised Code that complies with the requirements set forth in	790
division (G) of this section;	791

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

792

(i) That the applicant is an active or reserve member of the	793
armed forces of the United States, was honorably discharged from	794
military service in the active or reserve armed forces of the	795
United States, is a retired trooper of the state highway patrol,	796
or is a retired peace officer or federal law enforcement officer	797
described in division (B)(1) of this section or a retired person	798
described in division (B)(1)(b) of section 109.77 of the Revised	799
Code and division (B)(1) of this section;	800

(ii) That, through participation in the military service or	801
through the former employment described in division (B)(3)(d)(i)	802
of this section, the applicant acquired experience with handling	803
handguns or other firearms, and the experience so acquired was	804
equivalent to training that the applicant could have acquired in a	805
course, class, or program described in division (B)(3)(a), (b), or	806
(c) of this section.	807

(e) A certificate or another similar document that evidences	808
satisfactory completion of a firearms training, safety, or	809
requalification or firearms safety instructor course, class, or	810
program that is not otherwise described in division (B)(3)(a),	811
(b), (c), or (d) of this section, that was conducted by an	812
instructor who was certified by an official or entity of the	813
government of this or another state or the United States or by the	814
national rifle association, and that complies with the	815
requirements set forth in division (G) of this section;	816

(f) An affidavit that attests to the applicant's satisfactory	817
completion of a course, class, or program described in division	818
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	819
by the applicant's instructor or an authorized representative of	820
the entity that offered the course, class, or program or under	821
whose auspices the course, class, or program was offered.	822

(4) A certification by the applicant that the applicant has	823
read the pamphlet prepared by the Ohio peace officer training	824
commission pursuant to section 109.731 of the Revised Code that	825
reviews firearms, dispute resolution, and use of deadly force	826
matters.	827

(5) A set of fingerprints of the applicant provided as	828
described in section 311.41 of the Revised Code through use of an	829
electronic fingerprint reading device or, if the sheriff to whom	830
the application is submitted does not possess and does not have	831
ready access to the use of such a reading device, on a standard	832
impression sheet prescribed pursuant to division (C)(2) of section	833
109.572 of the Revised Code.	834

(C) Upon receipt of an applicant's completed application	835
form, supporting documentation, and, if not waived, license fee, a	836
sheriff, in the manner specified in section 311.41 of the Revised	837
Code, shall conduct or cause to be conducted the criminal records	838
check and the incompetency records check described in section	839
311.41 of the Revised Code.	840

(D)(1) Except as provided in division (D)(3),or (4)~~, or (5)~~	841
of this section, within forty-five days after a sheriff's receipt	842
of an applicant's completed application form for a license to	843
carry a concealed handgun, the supporting documentation, and, if	844
not waived, the license fee, the sheriff shall make available	845
through the law enforcement automated data system in accordance	846
with division (H) of this section the information described in	847
that division and, upon making the information available through	848
the system, shall issue to the applicant a license to carry a	849
concealed handgun that shall expire as described in division	850
(D)(2)(a) of this section if all of the following apply:	851

(a) The applicant is legally living in the United States, has	852
been a resident of this state for at least forty-five days, and	853
has been a resident of the county in which the person seeks the	854
license or a county adjacent to the county in which the person	855
seeks the license for at least thirty days.	856

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

857

858

(d) The applicant is not under indictment for or otherwise	859
charged with a felony; an offense under Chapter 2925., 3719., or	860
4729. of the Revised Code that involves the illegal possession,	861
use, sale, administration, or distribution of or trafficking in a	862
drug of abuse; a misdemeanor offense of violence; or a violation	863
of section 2903.14 or 2923.1211 of the Revised Code.	864

(e) ~~The~~Except as otherwise provided in division (D)(5) of	865
this section, the applicant has not been convicted of or pleaded	866
guilty to a felony or an offense under Chapter 2925., 3719., or	867
4729. of the Revised Code that involves the illegal possession,	868
use, sale, administration, or distribution of or trafficking in a	869
drug of abuse; has not been adjudicated a delinquent child for	870
committing an act that if committed by an adult would be a felony	871
or would be an offense under Chapter 2925., 3719., or 4729. of	872
the Revised Code that involves the illegal possession, use, sale,	873
administration, or distribution of or trafficking in a drug of	874
abuse; and has not been convicted of, pleaded guilty to, or	875
adjudicated a delinquent child for committing a violation of	876
section 2903.13 of the Revised Code when the victim of the	877
violation is a peace officer, regardless of whether the applicant	878
was sentenced under division (C)(3) of that section.	879

(f) ~~The~~Except as otherwise provided in division (D)(5) of	880
this section, the applicant, within three years of the date of the	881
application, has not been convicted of or pleaded guilty to a	882
misdemeanor offense of violence other than a misdemeanor violation	883
of section 2921.33 of the Revised Code or a violation of section	884
2903.13 of the Revised Code when the victim of the violation is a	885
peace officer, or a misdemeanor violation of section 2923.1211 of	886
the Revised Code; and has not been adjudicated a delinquent child	887
for committing an act that if committed by an adult would be a	888
misdemeanor offense of violence other than a misdemeanor violation	889
of section 2921.33 of the Revised Code or a violation of section	890
2903.13 of the Revised Code when the victim of the violation is a	891
peace officer or for committing an act that if committed by an	892
adult would be a misdemeanor violation of section 2923.1211 of the	893
Revised Code.	894

(g) Except as otherwise provided in division (D)(1)(e) of	895
this section, the applicant, within five years of the date of the	896
application, has not been convicted of, pleaded guilty to, or	897
adjudicated a delinquent child for committing two or more	898
violations of section 2903.13 or 2903.14 of the Revised Code.	899

(h) ~~The~~Except as otherwise provided in division (D)(5) of	900
this section, the applicant, within ten years of the date of the	901
application, has not been convicted of, pleaded guilty to, or	902
adjudicated a delinquent child for committing a violation of	903
section 2921.33 of the Revised Code.	904

(i) The applicant has not been adjudicated as a mental	905
defective, has not been committed to any mental institution, is	906
not under adjudication of mental incompetence, has not been found	907
by a court to be a mentally ill person subject to hospitalization	908
by court order, and is not an involuntary patient other than one	909
who is a patient only for purposes of observation. As used in this	910
division, "mentally ill person subject to hospitalization by court	911
order" and "patient" have the same meanings as in section 5122.01	912
of the Revised Code.	913

(j) The applicant is not currently subject to a civil	914
protection order, a temporary protection order, or a protection	915
order issued by a court of another state.	916

(k) The applicant certifies that the applicant desires a	917
legal means to carry a concealed handgun for defense of the	918
applicant or a member of the applicant's family while engaged in	919
lawful activity.	920

(l) The applicant submits a competency certification of the	921
type described in division (B)(3) of this section and submits a	922
certification of the type described in division (B)(4) of this	923
section regarding the applicant's reading of the pamphlet prepared	924
by the Ohio peace officer training commission pursuant to section	925
109.731 of the Revised Code.	926

(m) The applicant currently is not subject to a suspension	927
imposed under division (A)(2) of section 2923.128 of the Revised	928
Code of a license to carry a concealed handgun, or a temporary	929
emergency license to carry a concealed handgun, that previously	930
was issued to the applicant under this section or section	931
2923.1213 of the Revised Code.	932

(2)(a) A license to carry a concealed handgun that a sheriff	933
issues under division (D)(1) of this section on or after ~~the~~	934
~~effective date of this amendment~~March 14, 2007, shall expire five	935
years after the date of issuance. A license to carry a concealed	936
handgun that a sheriff issued under division (D)(1) of this	937
section prior to ~~the effective date of this amendment~~March 14,	938
2007, shall expire four years after the date of issuance.	939

If a sheriff issues a license under this section, the sheriff	940
shall place on the license a unique combination of letters and	941
numbers identifying the license in accordance with the procedure	942
prescribed by the Ohio peace officer training commission pursuant	943
to section 109.731 of the Revised Code.	944

(b) If a sheriff denies an application under this section	945
because the applicant does not satisfy the criteria described in	946
division (D)(1) of this section, the sheriff shall specify the	947
grounds for the denial in a written notice to the applicant. The	948
applicant may appeal the denial pursuant to section 119.12 of the	949
Revised Code in the county served by the sheriff who denied the	950
application. If the denial was as a result of the criminal records	951
check conducted pursuant to section 311.41 of the Revised Code and	952
if, pursuant to section 2923.127 of the Revised Code, the	953
applicant challenges the criminal records check results using the	954
appropriate challenge and review procedure specified in that	955
section, the time for filing the appeal pursuant to section 119.12	956
of the Revised Code and this division is tolled during the	957
pendency of the request or the challenge and review. If the court	958
in an appeal under section 119.12 of the Revised Code and this	959
division enters a judgment sustaining the sheriff's refusal to	960
grant to the applicant a license to carry a concealed handgun, the	961
applicant may file a new application beginning one year after the	962
judgment is entered. If the court enters a judgment in favor of	963
the applicant, that judgment shall not restrict the authority of a	964
sheriff to suspend or revoke the license pursuant to section	965
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	966
the license for any proper cause that may occur after the date the	967
judgment is entered. In the appeal, the court shall have full	968
power to dispose of all costs.	969

(3) If the sheriff with whom an application for a license to	970
carry a concealed handgun was filed under this section becomes	971
aware that the applicant has been arrested for or otherwise	972
charged with an offense that would disqualify the applicant from	973
holding the license, the sheriff shall suspend the processing of	974
the application until the disposition of the case arising from the	975
arrest or charge.	976

(4) If the sheriff determines that the applicant is legally	977
living in the United States and is a resident of the county in	978
which the applicant seeks the license or of an adjacent county but	979
does not yet meet the residency requirements described in division	980
(D)(1)(a) of this section, the sheriff shall not deny the license	981
because of the residency requirements but shall not issue the	982
license until the applicant meets those residency requirements.	983

(5) If an applicant has been convicted of or pleaded guilty	984
to an offense identified in division (D)(1)(e), (f), or (h) of	985
this section or has been adjudicated a delinquent child for	986
committing an act or violation identified in any of those	987
divisions, and if a court has ordered the sealing or expungement	988
of the records of that conviction, guilty plea, or adjudication	989
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	990
2953.36 of the Revised Code or a court has granted the applicant	991
relief pursuant to section 2923.14 of the Revised Code from the	992
disability imposed pursuant to section 2923.13 of the Revised Code	993
relative to that conviction, guilty plea, or adjudication, the	994
sheriff with whom the application was submitted shall not consider	995
the conviction, guilty plea, or adjudication in making a	996
determination under division (D)(1) or (F) of this section or, in	997
relation to an application for a temporary emergency license to	998
carry a concealed handgun submitted under section 2923.1213 of the	999
Revised Code, in making a determination under division (B)(2) of	1000
that section.	1001

(E) If a license to carry a concealed handgun issued under	1002
this section is lost or is destroyed, the licensee may obtain from	1003
the sheriff who issued that license a duplicate license upon the	1004
payment of a fee of fifteen dollars and the submission of an	1005
affidavit attesting to the loss or destruction of the license. The	1006
sheriff, in accordance with the procedures prescribed in section	1007
109.731 of the Revised Code, shall place on the replacement	1008
license a combination of identifying numbers different from the	1009
combination on the license that is being replaced.	1010

(F)(1) A licensee who wishes to renew a license to carry a	1011
concealed handgun issued under this section shall do so not	1012
earlier than ninety days before the expiration date of the license	1013
~~and not later than thirty days~~or at any time after the expiration	1014
date of the license by filing with the sheriff of the county in	1015
which the applicant resides or with the sheriff of an adjacent	1016
county an application for renewal of the license obtained	1017
pursuant to division (D) of this section, ~~a new color photograph~~	1018
~~of the licensee that was taken within thirty days prior to the~~	1019
~~date of the renewal application,~~ a certification by the applicant	1020
that, subsequent to the issuance of the license, the applicant	1021
has reread the pamphlet prepared by the Ohio peace officer	1022
training commission pursuant to section 109.731 of the Revised	1023
Code that reviews firearms, dispute resolution, and use of deadly	1024
force matters, ~~a new set of fingerprints provided in the manner~~	1025
~~specified in division (B)(5) of this section regarding initial~~	1026
~~applications for a license to carry a concealed handgun, and~~ a	1027
nonrefundable license renewal fee unless the fee is waived~~. The~~,	1028
and one of the following:	1029

(a) If the licensee previously has not renewed a license to	1030
carry a concealed handgun issued under this section, proof that	1031
the licensee ~~also shall submit~~at one time had a competency	1032
certification of the type described in division (B)(3) of this	1033
section ~~that is not older than six years or~~. A valid license is	1034
prima-facie evidence that the licensee at one time had a	1035
competency certification of the type described in division (B)(3)	1036
of this section.	1037

(b) If the licensee previously has renewed a license to carry	1038
a concealed handgun issued under this section, a renewed	1039
competency certification of the type described in division (G)(4)	1040
of this section ~~that is not older than six years~~. A	1041

(2) A sheriff shall accept a completed renewal application	1042
~~and~~, the license renewal fee, ~~items, materials,~~ and information	1043
specified in ~~this~~ division (F)(1) of this section at the times and	1044
in the manners described in division (I) of this section. Upon	1045

~~Upon~~ receipt of a completed renewal application, ~~color~~	1046
~~photograph,~~of certification that the applicant has reread the	1047
specified pamphlet prepared by the Ohio peace officer training	1048
commission, ~~new set of fingerprints,~~of proof of a prior	1049
competency certification for an initial renewal or of a renewed	1050
competency certification for a second or subsequent renewal, and	1051
of a license renewal fee unless the fee is waived, a sheriff, in	1052
the manner specified in section 311.41 of the Revised Code shall	1053
conduct or cause to be conducted the criminal records check and	1054
the incompetency records check described in section 311.41 of	1055
the Revised Code. The sheriff shall renew the license if the	1056
sheriff determines that the applicant continues to satisfy the	1057
requirements described in division (D)(1) of this section, except	1058
that the applicant is not required to ~~submit a renewed competency~~	1059
~~certification only in the circumstances described in~~meet the	1060
requirements of division ~~(G)(4)~~(D)(1)(l) of this section. A	1061
renewed license that is renewed on or after ~~the effective date~~	1062
~~of this amendment~~March 14, 2007, shall expire five years after	1063
the date of issuance, and a renewed license that is renewed	1064
prior to ~~the effective date of this amendment~~March 14, 2007,	1065
shall expire four years after the date of issuance. A renewed	1066
license is subject to division (E) of this section and sections	1067
2923.126 and 2923.128 of the Revised Code. A sheriff shall	1068
comply with divisions (D)(2) to (4) of this section when the	1069
circumstances described in those divisions apply to a requested	1070
license renewal. If a sheriff denies the renewal of a license to	1071
carry a concealed handgun, the applicant may appeal the denial,	1072
or challenge the criminal record check results that were the	1073
basis of the denial if applicable, in the same manner as	1074
specified in division (D)(2)(b) of this section and in section	1075
2923.127 of the Revised Code, regarding the denial of a license	1076
under this section.	1077

(G)(1) Each course, class, or program described in division	1078
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1079
person who takes the course, class, or program a copy of the	1080
pamphlet prepared by the Ohio peace officer training commission	1081
pursuant to section 109.731 of the Revised Code that reviews	1082
firearms, dispute resolution, and use of deadly force matters.	1083
Each such course, class, or program described in one of those	1084
divisions shall include at least twelve hours of training in the	1085
safe handling and use of a firearm that shall include all of the	1086
following:	1087

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

1088

(i) The ability to name, explain, and demonstrate the rules	1089
for safe handling of a handgun and proper storage practices for	1090
handguns and ammunition;	1091

(ii) The ability to demonstrate and explain how to handle	1092
ammunition in a safe manner;	1093

(iii) The ability to demonstrate the knowledge, skills, and	1094
attitude necessary to shoot a handgun in a safe manner;	1095

(iv) Gun handling training.

1096

(b) At least two hours of training that consists of range	1097
time and live-fire training.	1098

(2) To satisfactorily complete the course, class, or program	1099
described in division (B)(3)(a), (b), (c), or (e) of this section,	1100
the applicant shall pass a competency examination that shall	1101
include both of the following:	1102

(a) A written section on the ability to name and explain the	1103
rules for the safe handling of a handgun and proper storage	1104
practices for handguns and ammunition;	1105

(b) A physical demonstration of competence in the use of a	1106
handgun and in the rules for safe handling and storage of a	1107
handgun and a physical demonstration of the attitude necessary to	1108
shoot a handgun in a safe manner.	1109

(3) The competency certification described in division	1110
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1111
shall attest that the course, class, or program the applicant	1112
successfully completed met the requirements described in division	1113
(G)(1) of this section and that the applicant passed the	1114
competency examination described in division (G)(2) of this	1115
section.	1116

(4) A person who previously has received a competency	1117
certification as described in division (B)(3) of this section, or	1118
who previously has received a renewed competency certification as	1119
described in this division, may obtain a renewed competency	1120
certification pursuant to this division. If the person previously	1121
has received a competency certification ~~within the preceding six~~	1122
~~years,~~ or previously has received a renewed competency	1123
certification ~~within the preceding six years~~, the person may	1124
obtain a renewed competency certification from an entity that	1125
offers a course, class, or program described in division	1126
(B)(3)(a), (b), (c), or (e) of this section by passing a	1127
~~competency examination of the type described in division (G)(2)~~	1128
~~of this section~~test that demonstrates that the person is range	1129
competent. In these circumstances, the person is not required to	1130
attend the course, class, or program ~~in order to be eligible~~or	1131
to take the competency examination described in division (G)(2) of	1132
this section for the renewed competency certification in order to	1133
be eligible to receive a renewed competency certification. ~~If more~~	1134
~~than six years has elapsed since the person last received a~~	1135
~~competency certification or a renewed competency certification,~~	1136
~~in order for the person to obtain a renewed competency~~	1137
~~certification, the person shall both satisfactorily complete a~~	1138
~~course, class, or program described in division (B)(3)(a), (b),~~	1139
~~(c), or (e) of this section and pass a competency examination of~~	1140
~~the type described in division (G)(2) of this section.~~ A renewed	1141
competency certification issued under this division shall be	1142
dated and shall attest that the ~~applicant passed the competency~~	1143
~~examination of the type described in division (G)(2) of this~~	1144
~~section and, if applicable, that the person successfully completed~~	1145
~~a course, class, or program that met the requirements described in~~	1146
~~division (G)(1) of this section~~person has demonstrated range	1147
competency.	1148

(H) Upon deciding to issue a license, deciding to issue a	1149
replacement license, or deciding to renew a license to carry a	1150
concealed handgun pursuant to this section, and before actually	1151
issuing or renewing the license, the sheriff shall make available	1152
through the law enforcement automated data system all information	1153
contained on the license. If the license subsequently is suspended	1154
under division (A)(1) or (2) of section 2923.128 of the Revised	1155
Code, revoked pursuant to division (B)(1) of section 2923.128 of	1156
the Revised Code, or lost or destroyed, the sheriff also shall	1157
make available through the law enforcement automated data system a	1158
notation of that fact. The superintendent of the state highway	1159
patrol shall ensure that the law enforcement automated data system	1160
is so configured as to permit the transmission through the system	1161
of the information specified in this division.	1162

(I) A sheriff shall accept a completed application form or	1163
renewal application, and the fee, items, materials, and	1164
information specified in divisions (B)(1) to (5) or division (F)	1165
of this section, whichever is applicable, and shall provide an	1166
application form or renewal application and a copy of the pamphlet	1167
described in division (B) of section 109.731 of the Revised Code	1168
to any person during at least fifteen hours a week. The sheriff	1169
shall post notice of the hours during which the sheriff is	1170
available to accept or provide the information described in this	1171
division.	1172

Sec. 2923.126. (A) A license to carry a concealed handgun	1173
that is issued under section 2923.125 of the Revised Code on or	1174
after ~~the effective date of this amendment~~March 14, 2007, shall	1175
expire five years after the date of issuance, and a license that	1176
is so issued prior to ~~the effective date of this amendment~~March	1177
14, 2007, shall expire four years after the date of issuance. A	1178
licensee who has been issued a license under that section shall be	1179
granted a grace period of thirty days after the licensee's license	1180
expires during which the licensee's license remains valid. Except	1181
as provided in divisions (B) and (C) of this section, a licensee	1182
who has been issued a license under section 2923.125 or 2923.1213	1183
of the Revised Code may carry a concealed handgun anywhere in this	1184
state if the licensee also carries a valid license and valid	1185
identification when the licensee is in actual possession of a	1186
concealed handgun. The licensee shall give notice of any change in	1187
the licensee's residence address to the sheriff who issued the	1188
license within forty-five days after that change.	1189

If a licensee is the driver or an occupant of a motor vehicle	1190
that is stopped as the result of a traffic stop or a stop for	1191
another law enforcement purpose and if the licensee is	1192
transporting or has a loaded handgun in the motor vehicle at that	1193
time, the licensee shall promptly inform any law enforcement	1194
officer who approaches the vehicle while stopped that the licensee	1195
has been issued a license or temporary emergency license to carry	1196
a concealed handgun and that the licensee currently possesses or	1197
has a loaded handgun; the licensee shall not knowingly disregard	1198
or fail to comply with lawful orders of a law enforcement officer	1199
given while the motor vehicle is stopped, knowingly fail to remain	1200
in the motor vehicle while stopped, or knowingly fail to keep the	1201
licensee's hands in plain sight after any law enforcement officer	1202
begins approaching the licensee while stopped and before the	1203
officer leaves, unless directed otherwise by a law enforcement	1204
officer; and the licensee shall not knowingly remove, attempt to	1205
remove, grasp, or hold the loaded handgun or knowingly have	1206
contact with the loaded handgun by touching it with the licensee's	1207
hands or fingers, in any manner in violation of division (E) of	1208
section 2923.16 of the Revised Code, after any law enforcement	1209
officer begins approaching the licensee while stopped and before	1210
the officer leaves. Additionally, if a licensee is the driver or	1211
an occupant of a commercial motor vehicle that is stopped by an	1212
employee of the motor carrier enforcement unit for the purposes	1213
defined in section 5503.04 of the Revised Code and if the licensee	1214
is transporting or has a loaded handgun in the commercial motor	1215
vehicle at that time, the licensee shall promptly inform the	1216
employee of the unit who approaches the vehicle while stopped that	1217
the licensee has been issued a license or temporary emergency	1218
license to carry a concealed handgun and that the licensee	1219
currently possesses or has a loaded handgun.	1220

If a licensee is stopped for a law enforcement purpose and if	1221
the licensee is carrying a concealed handgun at the time the	1222
officer approaches, the licensee shall promptly inform any law	1223
enforcement officer who approaches the licensee while stopped that	1224
the licensee has been issued a license or temporary emergency	1225
license to carry a concealed handgun and that the licensee	1226
currently is carrying a concealed handgun; the licensee shall not	1227
knowingly disregard or fail to comply with lawful orders of a law	1228
enforcement officer given while the licensee is stopped or	1229
knowingly fail to keep the licensee's hands in plain sight after	1230
any law enforcement officer begins approaching the licensee while	1231
stopped and before the officer leaves, unless directed otherwise	1232
by a law enforcement officer; and the licensee shall not knowingly	1233
remove, attempt to remove, grasp, or hold the loaded handgun or	1234
knowingly have contact with the loaded handgun by touching it with	1235
the licensee's hands or fingers, in any manner in violation of	1236
division (B) of section 2923.12 of the Revised Code, after any law	1237
enforcement officer begins approaching the licensee while stopped	1238
and before the officer leaves.	1239

(B) A valid license issued under section 2923.125 or	1240
2923.1213 of the Revised Code does not authorize the licensee to	1241
carry a concealed handgun in any manner prohibited under division	1242
(B) of section 2923.12 of the Revised Code or in any manner	1243
prohibited under section 2923.16 of the Revised Code. A valid	1244
license does not authorize the licensee to carry a concealed	1245
handgun into any of the following places:	1246

(1) A police station, sheriff's office, or state highway	1247
patrol station, premises controlled by the bureau of criminal	1248
identification and investigation, a state correctional	1249
institution, jail, workhouse, or other detention facility, an	1250
airport passenger terminal, or an institution that is maintained,	1251
operated, managed, and governed pursuant to division (A) of	1252
section 5119.02 of the Revised Code or division (A)(1) of section	1253
5123.03 of the Revised Code;	1254

(2) A school safety zone,if the licensee's carrying the	1255
concealed handgun is in violation of section 2923.122 of the	1256
Revised Code;	1257

(3) A courthouse or another building or structure in which a	1258
courtroom is located, in violation of section 2923.123 of the	1259
Revised Code;	1260

(4) Any ~~room or open air arena in which liquor is being~~	1261
~~dispensed in~~ premises or open air arena for which a D permit has	1262
been issued under Chapter 4303. of the Revised Code,if the	1263
licensee's carrying the concealed handgun is in violation of	1264
section 2923.121 of the Revised Code;	1265

(5) Any premises owned or leased by any public or private	1266
college, university, or other institution of higher education,	1267
unless the handgun is in a locked motor vehicle or the licensee is	1268
in the immediate process of placing the handgun in a locked motor	1269
vehicle;	1270

(6) Any church, synagogue, mosque, or other place of worship,	1271
unless the church, synagogue, mosque, or other place of worship	1272
posts or permits otherwise;	1273

(7) A child day-care center, a type A family day-care home, a	1274
type B family day-care home, or a type C family day-care home,	1275
except that this division does not prohibit a licensee who resides	1276
in a type A family day-care home, a type B family day-care home,	1277
or a type C family day-care home from carrying a concealed handgun	1278
at any time in any part of the home that is not dedicated or used	1279
for day-care purposes, or from carrying a concealed handgun in a	1280
part of the home that is dedicated or used for day-care purposes	1281
at any time during which no children, other than children of that	1282
licensee, are in the home;	1283

(8) An aircraft that is in, or intended for operation in,	1284
foreign air transportation, interstate air transportation,	1285
intrastate air transportation, or the transportation of mail by	1286
aircraft;	1287

(9) Any building that is ~~owned by~~a government facility of	1288
this state or ~~any~~a political subdivision of this state~~, and all~~	1289
~~portions of any building that is not owned by any governmental~~	1290
~~entity listed in this division but that is leased by such a~~	1291
~~governmental entity listed in this division~~and that is not a	1292
building that is used primarily as a shelter, restroom, parking	1293
facility for motor vehicles, or rest facility and is not a	1294
courthouse or other building or structure in which a courtroom is	1295
located that is subject to division (B)(3) of this section;	1296

(10) A place in which federal law prohibits the carrying of	1297
handguns.	1298

(C)(1) Nothing in this section shall negate or restrict a	1299
rule, policy, or practice of a private employer that is not a	1300
private college, university, or other institution of higher	1301
education concerning or prohibiting the presence of firearms on	1302
the private employer's premises or property, including motor	1303
vehicles owned by the private employer. Nothing in this section	1304
shall require a private employer of that nature to adopt a rule,	1305
policy, or practice concerning or prohibiting the presence of	1306
firearms on the private employer's premises or property, including	1307
motor vehicles owned by the private employer.	1308

(2)(a) A private employer shall be immune from liability in a	1309
civil action for any injury, death, or loss to person or property	1310
that allegedly was caused by or related to a licensee bringing a	1311
handgun onto the premises or property of the private employer,	1312
including motor vehicles owned by the private employer, unless the	1313
private employer acted with malicious purpose. A private employer	1314
is immune from liability in a civil action for any injury, death,	1315
or loss to person or property that allegedly was caused by or	1316
related to the private employer's decision to permit a licensee to	1317
bring, or prohibit a licensee from bringing, a handgun onto the	1318
premises or property of the private employer. As used in this	1319
division, "private employer" includes a private college,	1320
university, or other institution of higher education.	1321

(b) A political subdivision shall be immune from liability in	1322
a civil action, to the extent and in the manner provided in	1323
Chapter 2744. of the Revised Code, for any injury, death, or loss	1324
to person or property that allegedly was caused by or related to a	1325
licensee bringing a handgun onto any premises or property owned,	1326
leased, or otherwise under the control of the political	1327
subdivision. As used in this division, "political subdivision" has	1328
the same meaning as in section 2744.01 of the Revised Code.	1329

(3) ~~The~~(a) Except as provided in division (C)(3)(b) of this	1330
section, the owner or person in control of private land or	1331
premises, and a private person or entity leasing land or premises	1332
owned by the state, the United States, or a political subdivision	1333
of the state or the United States, may post a sign in a	1334
conspicuous location on that land or on those premises prohibiting	1335
persons from carrying firearms or concealed firearms on or onto	1336
that land or those premises. AExcept as otherwise provided in	1337
this division, a person who knowingly violates a posted	1338
prohibition of that nature is guilty of criminal trespass in	1339
violation of division (A)(4) of section 2911.21 of the Revised	1340
Code and is guilty of a misdemeanor of the fourth degree. If a	1341
person knowingly violates a posted prohibition of that nature and	1342
the posted land or premises primarily was a parking lot or other	1343
parking facility, the person is not guilty of criminal trespass in	1344
violation of division (A)(4) of section 2911.21 of the Revised	1345
Code and instead is subject only to a civil cause of action for	1346
trespass based on the violation.	1347

(b) A landlord may not prohibit or restrict a tenant who is a	1348
licensee and who on or after the effective date of this amendment	1349
enters into a rental agreement with the landlord for the use of	1350
residential premises, and the tenant's guest while the tenant is	1351
present, from lawfully carrying or possessing a handgun on those	1352
residential premises.	1353

1354

(i) "Residential premises" has the same meaning as in section	1355
5321.01 of the Revised Code, except "residential premises" does	1356
not include a dwelling unit that is owned or operated by a college	1357
or university.	1358

(ii) "Landlord," "tenant," and "rental agreement" have the	1359
same meanings as in section 5321.01 of the Revised Code.	1360

(D) A person who holds a license to carry a concealed handgun	1361
that was issued pursuant to the law of another state that is	1362
recognized by the attorney general pursuant to a reciprocity	1363
agreement entered into pursuant to section 109.69 of the Revised	1364
Code has the same right to carry a concealed handgun in this state	1365
as a person who was issued a license to carry a concealed handgun	1366
under section 2923.125 of the Revised Code and is subject to the	1367
same restrictions that apply to a person who carries a license	1368
issued under that section.	1369

(E) A peace officer has the same right to carry a concealed	1370
handgun in this state as a person who was issued a license to	1371
carry a concealed handgun under section 2923.125 of the Revised	1372
Code. For purposes of reciprocity with other states, a peace	1373
officer shall be considered to be a licensee in this state.	1374

(F)(1) A qualified retired peace officer who possesses a	1375
retired peace officer identification card issued pursuant to	1376
division (F)(2) of this section and a valid firearms	1377
requalification certification issued pursuant to division (F)(3)	1378
of this section has the same right to carry a concealed handgun in	1379
this state as a person who was issued a license to carry a	1380
concealed handgun under section 2923.125 of the Revised Code and	1381
is subject to the same restrictions that apply to a person who	1382
carries a license issued under that section. For purposes of	1383
reciprocity with other states, a qualified retired peace officer	1384
who possesses a retired peace officer identification card issued	1385
pursuant to division (F)(2) of this section and a valid firearms	1386
requalification certification issued pursuant to division (F)(3)	1387
of this section shall be considered to be a licensee in this	1388
state.	1389

(2)(a) Each public agency of this state or of a political	1390
subdivision of this state that is served by one or more peace	1391
officers shall issue a retired peace officer identification card	1392
to any person who retired from service as a peace officer with	1393
that agency, if the issuance is in accordance with the agency's	1394
policies and procedures and if the person, with respect to the	1395
person's service with that agency, satisfies all of the following:	1396

(i) The person retired in good standing from service as a	1397
peace officer with the public agency, and the retirement was not	1398
for reasons of mental instability.	1399

(ii) Before retiring from service as a peace officer with	1400
that agency, the person was authorized to engage in or supervise	1401
the prevention, detection, investigation, or prosecution of, or	1402
the incarceration of any person for, any violation of law and the	1403
person had statutory powers of arrest.	1404

(iii) At the time of the person's retirement as a peace	1405
officer with that agency, the person was trained and qualified to	1406
carry firearms in the performance of the peace officer's duties.	1407

(iv) Before retiring from service as a peace officer with	1408
that agency, the person was regularly employed as a peace officer	1409
for an aggregate of fifteen years or more, or, in the alternative,	1410
the person retired from service as a peace officer with that	1411
agency, after completing any applicable probationary period of	1412
that service, due to a service-connected disability, as determined	1413
by the agency.	1414

~~(v) The person has a nonforfeitable right to benefits under~~	1415
~~the retirement plan of that agency.~~	1416

(b) A retired peace officer identification card issued to a	1417
person under division (F)(2)(a) of this section shall identify the	1418
person by name, contain a photograph of the person, identify the	1419
public agency of this state or of the political subdivision of	1420
this state from which the person retired as a peace officer and	1421
that is issuing the identification card, and specify that the	1422
person retired in good standing from service as a peace officer	1423
with the issuing public agency and satisfies the criteria set	1424
forth in divisions (F)(2)(a)(i) to ~~(v)~~(iv) of this section. In	1425
addition to the required content specified in this division, a	1426
retired peace officer identification card issued to a person under	1427
division (F)(2)(a) of this section may include the firearms	1428
requalification certification described in division (F)(3) of this	1429
section, and if the identification card includes that	1430
certification, the identification card shall serve as the firearms	1431
requalification certification for the retired peace officer. If	1432
the issuing public agency issues credentials to active law	1433
enforcement officers who serve the agency, the agency may comply	1434
with division (F)(2)(a) of this section by issuing the same	1435
credentials to persons who retired from service as a peace officer	1436
with the agency and who satisfy the criteria set forth in	1437
divisions (F)(2)(a)(i) to ~~(v)~~(iv) of this section, provided that	1438
the credentials so issued to retired peace officers are stamped	1439
with the word "RETIRED."	1440

(c) A public agency of this state or of a political	1441
subdivision of this state may charge persons who retired from	1442
service as a peace officer with the agency a reasonable fee for	1443
issuing to the person a retired peace officer identification card	1444
pursuant to division (F)(2)(a) of this section.	1445

(3) If a person retired from service as a peace officer with	1446
a public agency of this state or of a political subdivision of	1447
this state and the person satisfies the criteria set forth in	1448
divisions (F)(2)(a)(i) to ~~(v)~~(iv) of this section, the public	1449
agency may provide the retired peace officer with the opportunity	1450
to attend a firearms requalification program that is approved for	1451
purposes of firearms requalification required under section	1452
109.801 of the Revised Code. The retired peace officer may be	1453
required to pay the cost of the course.	1454

If a retired peace officer who satisfies the criteria set	1455
forth in divisions (F)(2)(a)(i) to ~~(v)~~(iv) of this section attends	1456
a firearms requalification program that is approved for purposes	1457
of firearms requalification required under section 109.801 of the	1458
Revised Code, the retired peace officer's successful completion of	1459
the firearms requalification program requalifies the retired peace	1460
officer for purposes of division (F) of this section for ~~one year~~	1461
five years from the date on which the program was successfully	1462
completed, and the requalification is valid during that ~~one-year~~	1463
five-year period. If a retired peace officer who satisfies the	1464
criteria set forth in divisions (F)(2)(a)(i) to ~~(v)~~(iv) of this	1465
section satisfactorily completes such a firearms requalification	1466
program, the retired peace officer shall be issued a firearms	1467
requalification certification that identifies the retired peace	1468
officer by name, identifies the entity that taught the program,	1469
specifies that the retired peace officer successfully completed	1470
the program, specifies the date on which the course was	1471
successfully completed, and specifies that the requalification is	1472
valid for ~~one year~~five years from that date of successful	1473
completion. The firearms requalification certification for a	1474
retired peace officer may be included in the retired peace	1475
officer identification card issued to the retired peace officer	1476
under division (F)(2) of this section.	1477

A retired peace officer who attends a firearms	1478
requalification program that is approved for purposes of firearms	1479
requalification required under section 109.801 of the Revised Code	1480
may be required to pay the cost of the program.	1481

~~(4)~~(G) As used in ~~division (F) of~~ this section:

1482

~~(a)~~(1) "Qualified retired peace officer" means a person who	1483
satisfies all of the following:	1484

~~(i)~~(a) The person satisfies the criteria set forth in	1485
divisions (F)(2)(a)(i) to (v) of this section.	1486

~~(ii)~~(b) The person is not under the influence of alcohol or	1487
another intoxicating or hallucinatory drug or substance.	1488

~~(iii)~~(c) The person is not prohibited by federal law from	1489
receiving firearms.	1490

~~(b)~~(2) "Retired peace officer identification card" means an	1491
identification card that is issued pursuant to division (F)(2) of	1492
this section to a person who is a retired peace officer.	1493

(3) "Government facility of this state or a political	1494
subdivision of this state" means any of the following:	1495

(a) A building or part of a building that is owned or leased	1496
by the government of this state or a political subdivision of	1497
this state and where employees of the government of this state or	1498
the political subdivision regularly are present for the purpose	1499
of performing their official duties as employees of the state or	1500
political subdivision;	1501

(b) The office of a deputy registrar serving pursuant to	1502
Chapter 4503. of the Revised Code that is used to perform deputy	1503
registrar functions.	1504

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	1505
license issued under section 2923.125 or 2923.1213 of the Revised	1506
Code is arrested for or otherwise charged with an offense	1507
described in division (D)(1)(d) of section 2923.125 of the Revised	1508
Code or with a violation of section 2923.15 of the Revised Code or	1509
becomes subject to a temporary protection order or to a protection	1510
order issued by a court of another state that is substantially	1511
equivalent to a temporary protection order, the sheriff who issued	1512
the license or temporary emergency license shall suspend it and	1513
shall comply with division (A)(3) of this section upon becoming	1514
aware of the arrest, charge, or protection order. Upon suspending	1515
the license or temporary emergency license, the sheriff also shall	1516
comply with division (H) of section 2923.125 of the Revised Code.	1517

(b) A suspension under division (A)(1)(a) of this section	1518
shall be considered as beginning on the date that the licensee is	1519
arrested for or otherwise charged with an offense described in	1520
that division or on the date the appropriate court issued the	1521
protection order described in that division, irrespective of when	1522
the sheriff notifies the licensee under division (A)(3) of this	1523
section. The suspension shall end on the date on which the charges	1524
are dismissed or the licensee is found not guilty of the offense	1525
described in division (A)(1)(a) of this section or, subject to	1526
division (B) of this section, on the date the appropriate court	1527
terminates the protection order described in that division. If the	1528
suspension so ends, the sheriff shall return the license or	1529
temporary emergency license to the licensee.	1530

(2)(a) If a licensee holding a valid license issued under	1531
section 2923.125 or 2923.1213 of the Revised Code is convicted of	1532
or pleads guilty to a misdemeanor violation of division (B)(1),	1533
(2), or (4) of section 2923.12 of the Revised Code or of division	1534
(E)(3), (4), or (6) of section 2923.16 of the Revised Code, except	1535
as provided in division (A)(2)(c) of this section and subject to	1536
division (C) of this section, the sheriff who issued the license	1537
or temporary emergency license shall suspend it and shall comply	1538
with division (A)(3) of this section upon becoming aware of the	1539
conviction or guilty plea. Upon suspending the license or	1540
temporary emergency license, the sheriff also shall comply with	1541
division (H) of section 2923.125 of the Revised Code.	1542

(b) A suspension under division (A)(2)(a) of this section	1543
shall be considered as beginning on the date that the licensee is	1544
convicted of or pleads guilty to the offense described in that	1545
division, irrespective of when the sheriff notifies the licensee	1546
under division (A)(3) of this section. If the suspension is	1547
imposed for a misdemeanor violation of division (B)(1) or (2) of	1548
section 2923.12 of the Revised Code or of division (E)(3) or (4)	1549
of section 2923.16 of the Revised Code, it shall end ofon the	1550
date that is one year after the date that the licensee is	1551
convicted of or pleads guilty to that violation. If the suspension	1552
is imposed for a misdemeanor violation of division (B)(4) of	1553
section 2923.12 of the Revised Code or of division (E)(6) of	1554
section 2923.16 of the Revised Code, it shall end on the date that	1555
is two years after the date that the licensee is convicted of or	1556
pleads guilty to that violation. If the licensee's license was	1557
issued under section 2923.125 of the Revised Code and the license	1558
remains valid after the suspension ends as described in this	1559
division, when the suspension ends, the sheriff shall return the	1560
license to the licensee. If the licensee's license was issued	1561
under section 2923.125 of the Revised Code and the license expires	1562
before the suspension ends as described in this division, or if	1563
the licensee's license was issued under section 2923.1213 of the	1564
Revised Code, the licensee is not eligible to apply for a new	1565
license under section 2923.125 or 2923.1213 of the Revised Code or	1566
to renew the license under section 2923.125 of the Revised Code	1567
until after the suspension ends as described in this division.	1568

(c) The license of a licensee who is convicted of or pleads	1569
guilty to a violation of division (B)(1) of section 2923.12 or	1570
division (E)(3) of section 2923.16 of the Revised Code shall not	1571
be suspended pursuant to division (A)(2)(a) of this section if, at	1572
the time of the stop of the licensee for a law enforcement	1573
purpose, for a traffic stop, or for a purpose defined in section	1574
5503.34 of the Revised Code that was the basis of the violation,	1575
any law enforcement officer involved with the stop or the employee	1576
of the motor carrier enforcement unit who made the stop had	1577
actual knowledge of the licensee's status as a licensee.	1578

(3) Upon becoming aware of an arrest, charge, or protection	1579
order described in division (A)(1)(a) of this section with respect	1580
to a licensee who was issued a license under section 2923.125 or	1581
2923.1213 of the Revised Code, or a conviction of or plea of	1582
guilty to a misdemeanor offense described in division (A)(2)(a) of	1583
this section with respect to a licensee who was issued a license	1584
under either section and with respect to which division (A)(2)(c)	1585
of this section does not apply, subject to division (C) of this	1586
section, the sheriff who issued the licensee's license or	1587
temporary emergency license to carry a concealed handgun shall	1588
notify the licensee, by certified mail, return receipt requested,	1589
at the licensee's last known residence address that the license	1590
or temporary emergency license has been suspended and that the	1591
licensee is required to surrender the license or temporary	1592
emergency license at the sheriff's office within ten days of the	1593
date on which the notice was mailed. If the suspension is	1594
pursuant to division (A)(2) of this section, the notice shall	1595
identify the date on which the suspension ends.	1596

(B)(1) A sheriff who issues a license or temporary emergency	1597
license to carry a concealed handgun to a licensee under section	1598
2923.125 or 2923.1213 of the Revised Code shall revoke the license	1599
or temporary emergency license in accordance with division (B)(2)	1600
of this section upon becoming aware that the licensee satisfies	1601
any of the following:	1602

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

1603

(b) AtSubject to division (C) of this section, at the time	1604
of the issuance of the license or temporary emergency license,	1605
the licensee did not satisfy the eligibility requirements of	1606
division (D)(1)(c), (d), (e), (f), (g), or (h) of section	1607
2923.125 of the Revised Code.	1608

(c) OnSubject to division (C) of this section, on or after	1609
the date on which the license or temporary emergency license was	1610
issued, the licensee is convicted of or pleads guilty to a	1611
violation of section 2923.15 of the Revised Code or an offense	1612
described in division (D)(1)(e), (f), (g), or (h) of section	1613
2923.125 of the Revised Code.	1614

(d) On or after the date on which the license or temporary	1615
emergency license was issued, the licensee becomes subject to a	1616
civil protection order or to a protection order issued by a court	1617
of another state that is substantially equivalent to a civil	1618
protection order.	1619

(e) The licensee knowingly carries a concealed handgun into a	1620
place that the licensee knows is an unauthorized place specified	1621
in division (B) of section 2923.126 of the Revised Code.	1622

(f) On or after the date on which the license or temporary	1623
emergency license was issued, the licensee is adjudicated as a	1624
mental defective or is committed to a mental institution.	1625

(g) At the time of the issuance of the license or temporary	1626
emergency license, the licensee did not meet the residency	1627
requirements described in division (D)(1) of section 2923.125 of	1628
the Revised Code and currently does not meet the residency	1629
requirements described in that division.	1630

(h) Regarding a license issued under section 2923.125 of the	1631
Revised Code, the competency certificate the licensee submitted	1632
was forged or otherwise was fraudulent.	1633

(2) Upon becoming aware of any circumstance listed in	1634
division (B)(1) of this section that applies to a particular	1635
licensee who was issued a license under section 2923.125 or	1636
2923.1213 of the Revised Code, subject to division (C) of this	1637
section, the sheriff who issued the license or temporary	1638
emergency license to carry a concealed handgun to the licensee	1639
shall notify the licensee, by certified mail, return receipt	1640
requested, at the licensee's last known residence address that	1641
the license or temporary emergency license is subject to	1642
revocation and that the licensee may come to the sheriff's office	1643
and contest the sheriff's proposed revocation within fourteen days	1644
of the date on which the notice was mailed. After the fourteen-day	1645
period and after consideration of any information that the	1646
licensee provides during that period, if the sheriff determines on	1647
the basis of the information of which the sheriff is aware that	1648
the licensee is described in division (B)(1) of this section and	1649
no longer satisfies the requirements described in division (D)(1)	1650
of section 2923.125 of the Revised Code that are applicable to the	1651
licensee's type of license, the sheriff shall revoke the license	1652
or temporary emergency license, notify the licensee of that fact,	1653
and require the licensee to surrender the license or temporary	1654
emergency license. Upon revoking the license or temporary	1655
emergency license, the sheriff also shall comply with division (H)	1656
of section 2923.125 of the Revised Code.	1657

(C) If a sheriff who issues a license or temporary emergency	1658
license to carry a concealed handgun to a licensee under section	1659
2923.125 or 2923.1213 of the Revised Code becomes aware that at	1660
the time of the issuance of the license or temporary emergency	1661
license the licensee had been convicted of or pleaded guilty to an	1662
offense identified in division (D)(1)(e), (f), or (h) of section	1663
2923.125 of the Revised Code or had been adjudicated a delinquent	1664
child for committing an act or violation identified in any of	1665
those divisions or becomes aware that on or after the date on	1666
which the license or temporary emergency license was issued the	1667
licensee has been convicted of or pleaded guilty to an offense	1668
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	1669
sheriff shall not consider that conviction, guilty plea, or	1670
adjudication as having occurred for purposes of divisions (A)(2),	1671
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	1672
the sealing or expungement of the records of that conviction,	1673
guilty plea, or adjudication pursuant to sections 2151.355 to	1674
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	1675
court has granted the licensee relief pursuant to section 2923.14	1676
of the Revised Code from the disability imposed pursuant to	1677
section 2923.13 of the Revised Code relative to that conviction,	1678
guilty plea, or adjudication.	1679

(D) As used in this section, "motor carrier enforcement unit"	1680
has the same meaning as in section 2923.16 of the Revised Code.	1681

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1682
bureau of criminal identification and investigation, the employees	1683
of the bureau, the Ohio peace officer training commission, or the	1684
employees of the commission make a good faith effort in performing	1685
the duties imposed upon the sheriff, the superintendent, the	1686
bureau's employees, the commission, or the commission's employees	1687
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	1688
Revised Code, in addition to the personal immunity provided by	1689
section 9.86 of the Revised Code or division (A)(6) of section	1690
2744.03 of the Revised Code and the governmental immunity of	1691
sections 2744.02 and 2744.03 of the Revised Code and in addition	1692
to any other immunity possessed by the bureau, the commission, and	1693
their employees, the sheriff, the sheriff's office, the county in	1694
which the sheriff has jurisdiction, the bureau, the superintendent	1695
of the bureau, the bureau's employees, the commission, and the	1696
commission's employees are immune from liability in a civil action	1697
for injury, death, or loss to person or property that allegedly	1698
was caused by or related to any of the following:	1699

(a) The issuance, renewal, suspension, or revocation of a	1700
license to carry a concealed handgun or the issuance, suspension,	1701
or revocation of a temporary emergency license to carry a	1702
concealed handgun;	1703

(b) The failure to issue, renew, suspend, or revoke a license	1704
to carry a concealed handgun or the failure to issue, suspend, or	1705
revoke a temporary emergency license to carry a concealed handgun;	1706

(c) Any action or misconduct with a handgun committed by a	1707
licensee.	1708

(2) Any action of a sheriff relating to the issuance,	1709
renewal, suspension, or revocation of a license to carry a	1710
concealed handgun or the issuance, suspension, or revocation of a	1711
temporary emergency license to carry a concealed handgun shall be	1712
considered to be a governmental function for purposes of Chapter	1713
2744. of the Revised Code.	1714

(3) An entity that or instructor who provides a competency	1715
certification of a type described in division (B)(3) of section	1716
2923.125 of the Revised Code is immune from civil liability that	1717
might otherwise be incurred or imposed for any death or any injury	1718
or loss to person or property that is caused by or related to a	1719
person to whom the entity or instructor has issued the competency	1720
certificate if all of the following apply:	1721

(a) The alleged liability of the entity or instructor relates	1722
to the training provided in the course, class, or program covered	1723
by the competency certificate.	1724

(b) The entity or instructor makes a good faith effort in	1725
determining whether the person has satisfactorily completed the	1726
course, class, or program and makes a good faith effort in	1727
assessing the person in the competency examination conducted	1728
pursuant to division (G)(2) of section 2923.125 of the Revised	1729
Code.	1730

(c) The entity or instructor did not issue the competency	1731
certificate with malicious purpose, in bad faith, or in a wanton	1732
or reckless manner.	1733

(4) An entity that or instructor who provides a renewed	1734
competency certification of a type described in division (G)(4)	1735
of section 2923.125 of the Revised Code is immune from civil	1736
liability that might otherwise be incurred or imposed for any	1737
death or any injury or loss to person or property that is caused	1738
by or related to a person to whom the entity or instructor has	1739
issued the renewed competency certificate if all of the following	1740
apply:	1741

(a) The entity or instructor makes a good faith effort in	1742
assessing the person in the physical demonstrations or the	1743
competency examination conducted pursuant to division (G)~~(2)~~(4)	1744
of section 2923.125 of the Revised Code.	1745

(b) The entity or instructor did not issue the renewed	1746
competency certificate with malicious purpose, in bad faith, or in	1747
a wanton or reckless manner.	1748

(5) A law enforcement agency that employs a peace officer is	1749
immune from liability in a civil action to recover damages for	1750
injury, death, or loss to person or property allegedly caused by	1751
any act of that peace officer if the act occurred while the peace	1752
officer carried a concealed handgun and was off duty and if the	1753
act allegedly involved the peace officer's use of the concealed	1754
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	1755
Code apply to any civil action involving a peace officer's use of	1756
a concealed handgun in the performance of the peace officer's	1757
official duties while the peace officer is off duty.	1758

(B)(1) Notwithstanding section 149.43 of the Revised Code,	1759
except as provided in division (B)(2) of this section, the records	1760
that a sheriff keeps relative to the issuance, renewal,	1761
suspension, or revocation of a license to carry a concealed	1762
handgun or the issuance, suspension, or revocation of a temporary	1763
emergency license to carry a concealed handgun, including, but not	1764
limited to, completed applications for the issuance or renewal of	1765
a license, completed affidavits submitted regarding an application	1766
for a temporary emergency license, reports of criminal records	1767
checks and incompetency records checks under section 311.41 of the	1768
Revised Code, and applicants' social security numbers and	1769
fingerprints that are obtained under division (A) of section	1770
311.41 of the Revised Code, are confidential and are not public	1771
records. Except as provided in division (B)(2) of this section, no	1772
person shall release or otherwise disseminate records that are	1773
confidential under this division unless required to do so pursuant	1774
to a court order.	1775

(2)(a) A journalist, on or after April 8, 2004, may submit to	1776
a sheriff a signed, written request to view the name, county of	1777
residence, and date of birth of each person to whom the sheriff	1778
has issued a license or replacement license to carry a concealed	1779
handgun, renewed a license to carry a concealed handgun, or issued	1780
a temporary emergency license or replacement temporary emergency	1781
license to carry a concealed handgun under section 2923.125 or	1782
2923.1213 of the Revised Code, or a signed, written request to	1783
view the name, county of residence, and date of birth of each	1784
person for whom the sheriff has suspended or revoked a license to	1785
carry a concealed handgun or a temporary emergency license to	1786
carry a concealed handgun under section 2923.128 of the Revised	1787
Code. The request shall include the journalist's name and title,	1788
shall include the name and address of the journalist's employer,	1789
and shall state that disclosure of the information sought would be	1790
in the public interest. If a journalist submits a signed, written	1791
request to the sheriff to view the information described in this	1792
division, the sheriff shall grant the journalist's request. The	1793
journalist shall not copy the name, county of residence, or date	1794
of birth of each person to or for whom the sheriff has issued,	1795
suspended, or revoked a license described in this division.	1796

(b) As used in division (B)(2) of this section, "journalist"	1797
means a person engaged in, connected with, or employed by any news	1798
medium, including a newspaper, magazine, press association, news	1799
agency, or wire service, a radio or television station, or a	1800
similar medium, for the purpose of gathering, processing,	1801
transmitting, compiling, editing, or disseminating information for	1802
the general public.	1803

(C) Each sheriff shall report to the Ohio peace officer	1804
training commission the number of licenses to carry a concealed	1805
handgun that the sheriff issued, renewed, suspended, revoked, or	1806
denied during the previous quarter of the calendar year, the	1807
number of applications for those licenses for which processing was	1808
suspended in accordance with division (D)(3) of section 2923.125	1809
of the Revised Code during the previous quarter of the calendar	1810
year, and the number of temporary emergency licenses to carry a	1811
concealed handgun that the sheriff issued, suspended, revoked, or	1812
denied during the previous quarter of the calendar year. The	1813
sheriff shall not include in the report the name or any other	1814
identifying information of an applicant or licensee. The sheriff	1815
shall report that information in a manner that permits the	1816
commission to maintain the statistics described in division (D) of	1817
section 109.731 of the Revised Code and to timely prepare the	1818
statistical report described in that division. The information	1819
that is received by the commission under this division is a public	1820
record kept by the commission for the purposes of section 149.43	1821
of the Revised Code.	1822

(D) Law enforcement agencies may use the information a	1823
sheriff makes available through the use of the law enforcement	1824
automated data system pursuant to division (H) of section 2923.125	1825
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	1826
for law enforcement purposes only. The information is confidential	1827
and is not a public record. A person who releases or otherwise	1828
disseminates this information obtained through the law enforcement	1829
automated data system in a manner not described in this division	1830
is guilty of a violation of section 2913.04 of the Revised Code.	1831

(E) Whoever violates division (B) of this section is guilty	1832
of illegal release of confidential concealed handgun license	1833
records, a felony of the fifth degree. In addition to any	1834
penalties imposed under Chapter 2929. of the Revised Code for a	1835
violation of division (B) of this section or a violation of	1836
section 2913.04 of the Revised Code described in division (D) of	1837
this section, if the offender is a sheriff, an employee of a	1838
sheriff, or any other public officer or employee, and if the	1839
violation was willful and deliberate, the offender shall be	1840
subject to a civil fine of one thousand dollars. Any person who is	1841
harmed by a violation of division (B) or (C) of this section or a	1842
violation of section 2913.04 of the Revised Code described in	1843
division (D) of this section has a private cause of action against	1844
the offender for any injury, death, or loss to person or property	1845
that is a proximate result of the violation and may recover court	1846
costs and attorney's fees related to the action.	1847

Sec. 2923.1210. The application for a license to carry a	1848
concealed handgun or for the renewal of a license of that nature	1849
that is to be used under section 2923.125 of the Revised Code	1850
shall conform substantially to the following form:	1851

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				1852
		Please Type or Print in Ink				1853

SECTION I.				1854
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE.				1855

SECTION II.	1856

Name:	1857

Last		First		Middle		1858
						1859

Social Security Number: ...............................	1860

Current Residence:	1861

Street	City	State	County	Zip		1862
............	............	............	...........	............		1863

Mailing Address (If Different From Above):	1864

Street	City	State	Zip		1865
............	............	............	..............		1866

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		1867
...../..../....		............		....		.....		(...).........		1868

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	1869

(1)(a) Are you legally living in the United States?	.... YES	.... NO	1870
(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county?	.... YES	.... NO	1871
(2) Are you at least twenty-one years of age?	.... YES	.... NO	1872
(3) Are you a fugitive from justice?	.... YES	.... NO	1873
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?	.... YES	.... NO	1874
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult?	.... YES	.... NO	1875
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult?	.... YES	.... NO	1876
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest?	.... YES	.... NO	1877
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?	.... YES	.... NO	1878
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application?	.... YES	.... NO	1879
(c) ~~Have~~ Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer?	.... YES	.... NO	1880
(9)(a) Have you ever been adjudicated as a mental defective?	.... YES	.... NO	1881
(b) Have you ever been committed to a mental institution?	.... YES	.... NO	1882
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state?	.... YES	.... NO	1883
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, that previously was issued to you?	.... YES	.... NO	1884

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	1885
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	1886
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	1887
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	1888
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	1889
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	1890
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	1891
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	1892
AT THE END OF THIS SECTION.	1893

Residence 1:	1894

Street	City	State	County	Zip	1895
..........	..........	..........	..........	..........	1896
Dates of residence at this address				1897

Residence 2:	1898

Street	City	State	County	Zip	1899
..........	..........	..........	..........	..........	1900
Dates of residence at this address				1901

Residence 3:	1902

Street	City	State	County	Zip	1903
..........	..........	..........	..........	..........	1904
Dates of residence at this address				1905

Residence 4:	1906

Street	City	State	County	Zip	1907
..........	..........	..........	..........	..........	1908
Dates of residence at this address				1909

SECTION V.	1910

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	1911
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	1912
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	1913
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	1914
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	1915
AT THE END OF THIS SECTION.	1916

(1) Have you previously applied in any county in Ohio or in any other state for a license to carry a concealed handgun or a temporary emergency license to carry a concealed handgun?

.... YES

.... NO

1917

(2) If your answer to the question in part (1) of this section of	1918
the application is "yes," you must complete this part by listing	1919
each county in Ohio, and each other state, in which you previously	1920
applied for either type of license and, to the best of your	1921
knowledge, the date on which you made the application.	1922

Previous application made in .............. (insert name of Ohio	1923
county or other state) on ............... (insert date of	1924
application.)	1925

Previous application made in .............. (insert name of Ohio	1926
county or other state) on ............... (insert date of	1927
application.)	1928

Previous application made in .............. (insert name of Ohio	1929
county or other state) on ............... (insert date of	1930
application.)	1931

Previous application made in .............. (insert name of Ohio	1932
county or other state) on ............... (insert date of	1933
application.)	1934

SECTION VI.	1935

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	1936
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	1937
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	1938
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	1939
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	1940

(1) I have been furnished, and have read, the pamphlet that	1941
explains the Ohio firearms laws, that provides instruction in	1942
dispute resolution and explains the Ohio laws related to that	1943
matter, and that provides information regarding all aspects	1944
of the use of deadly force with a firearm, and I am	1945
knowledgeable of the provisions of those laws and of the	1946
information on those matters.	1947

(2) I desire a legal means to carry a concealed handgun for	1948
defense of myself or a member of my family while engaged in	1949
lawful activity.	1950

(3) I have never been convicted of or pleaded guilty to a crime of	1951
violence in the state of Ohio or elsewhere (if you have been	1952
convicted of or pleaded guilty to such a crime, but the	1953
records of that conviction or guilty plea have been sealed or	1954
expunged by court order or a court has granted relief	1955
pursuant to section 2923.14 of the Revised Code from the	1956
disability imposed pursuant to section 2923.13 of the Revised	1957
Code relative to that conviction or guilty plea, you may	1958
treat the conviction or guilty plea for purposes of this	1959
paragraph as if it never had occurred) . I am of sound mind. I	1960
hereby certify that the statements contained herein are true	1961
and correct to the best of my knowledge and belief. I	1962
understand that if I knowingly make any false statements	1963
herein I am subject to penalties prescribed by law. I	1964
authorize the sheriff or the sheriff's designee to inspect	1965
only those records or documents relevant to information	1966
required for this application.	1967

(4) The information contained in this application and all attached	1968
documents are true and correct to the best of my knowledge.	1969

			1970
	Signature of Applicant"		1971

Sec. 2923.1212. (A) The following persons, boards, and	1972
entities, or designees, shall post in the following locations a	1973
sign that contains a statement in substantially the following	1974
form: "Unless otherwise authorized by law, pursuant to the Ohio	1975
Revised Code, no person shall knowingly possess, have under the	1976
person's control, convey, or attempt to convey a deadly weapon or	1977
dangerous ordnance onto these premises.":	1978

(1) The director of public safety or the person or board	1979
charged with the erection, maintenance, or repair of police	1980
stations, municipal jails, and the municipal courthouse and	1981
courtrooms in a conspicuous location at all police stations,	1982
municipal jails, and municipal courthouses and courtrooms;	1983

(2) The sheriff or sheriff's designee who has charge of the	1984
sheriff's office in a conspicuous location in that office;	1985

(3) The superintendent of the state highway patrol or the	1986
superintendent's designee in a conspicuous location at all state	1987
highway patrol stations;	1988

(4) Each sheriff, chief of police, or person in charge of	1989
every county, multicounty, municipal, municipal-county, or	1990
multicounty-municipal jail or workhouse, community-based	1991
correctional facility, halfway house, alternative residential	1992
facility, or other local or state correctional institution or	1993
detention facility within the state, or that person's designee, in	1994
a conspicuous location at that facility under that person's	1995
charge;	1996

(5) The board of trustees of a regional airport authority,	1997
chief administrative officer of an airport facility, or other	1998
person in charge of an airport facility in a conspicuous location	1999
at each airport facility under that person's control;	2000

(6) The officer or officer's designee who has charge of a	2001
courthouse or the building or structure in which a courtroom is	2002
located in a conspicuous location in that building or structure;	2003

(7) The superintendent of the bureau of criminal	2004
identification and investigation or the superintendent's designee	2005
in a conspicuous location in all premises controlled by that	2006
bureau;	2007

(8) The owner, administrator, or operator of a child day-care	2008
center, a type A family day-care home, a type B family day-care	2009
home, or a type C family day-care home;	2010

(9) The officer of this state or of ~~the~~a political	2011
subdivision of this state, or the officer's designee, who has	2012
charge of a building that is ~~owned by~~a government facility of	2013
this state or the political subdivision of this state~~, or who~~	2014
~~has charge of the portion of a building that is not owned by~~	2015
~~any governmental entity listed in this division but that is~~	2016
~~leased by a governmental entity listed in this division~~, as	2017
defined in section 2923.126 of the Revised Code, and that is not a	2018
building that is used primarily as a shelter, restroom, parking	2019
facility for motor vehicles, or rest facility and is not a	2020
courthouse or other building or structure in which a courtroom is	2021
located that is subject to division (B)(3) of that section.	2022

(B) The following boards, bodies, and persons, or designees,	2023
shall post in the following locations a sign that contains a	2024
statement in substantially the following form: "Unless otherwise	2025
authorized by law, pursuant to Ohio Revised Code section 2923.122,	2026
no person shall knowingly possess, have under the person's	2027
control, convey, or attempt to convey a deadly weapon or dangerous	2028
ordnance into a school safety zone.":	2029

(1) A board of education of a city, local, exempted village,	2030
or joint vocational school district or that board's designee in a	2031
conspicuous location in each building and on each parcel of real	2032
property owned or controlled by the board;	2033

(2) A governing body of a school for which the state board of	2034
education prescribes minimum standards under section 3301.07 of	2035
the Revised Code or that body's designee in a conspicuous location	2036
in each building and on each parcel of real property owned or	2037
controlled by the school;	2038

(3) The principal or chief administrative officer of a	2039
nonpublic school in a conspicuous location on property owned or	2040
controlled by that nonpublic school.	2041

Sec. 2923.1213. (A) As used in this section:

2042

(1) "Evidence of imminent danger" means any of the following:

2043

(a) A statement sworn by the person seeking to carry a	2044
concealed handgun that is made under threat of perjury and that	2045
states that the person has reasonable cause to fear a criminal	2046
attack upon the person or a member of the person's family, such as	2047
would justify a prudent person in going armed;	2048

(b) A written document prepared by a governmental entity or	2049
public official describing the facts that give the person seeking	2050
to carry a concealed handgun reasonable cause to fear a criminal	2051
attack upon the person or a member of the person's family, such as	2052
would justify a prudent person in going armed. Written documents	2053
of this nature include, but are not limited to, any temporary	2054
protection order, civil protection order, protection order issued	2055
by another state, or other court order, any court report, and any	2056
report filed with or made by a law enforcement agency or	2057
prosecutor.	2058

(2) "Prosecutor" has the same meaning as in section 2935.01	2059
of the Revised Code.	2060

(B)(1) A person seeking a temporary emergency license to	2061
carry a concealed handgun shall submit to the sheriff of the	2062
county in which the person resides all of the following:	2063

(a) Evidence of imminent danger to the person or a member of	2064
the person's family;	2065

(b) A sworn affidavit that contains all of the information	2066
required to be on the license and attesting that the person is	2067
legally living in the United States; is at least twenty-one years	2068
of age; is not a fugitive from justice; is not under indictment	2069
for or otherwise charged with an offense identified in division	2070
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	2071
convicted of or pleaded guilty to an offense, and has not been	2072
adjudicated a delinquent child for committing an act, identified	2073
in division (D)(1)(e) of that section and to which division (B)(3)	2074
of this section does not apply; within three years of the date of	2075
the submission, has not been convicted of or pleaded guilty to an	2076
offense, and has not been adjudicated a delinquent child for	2077
committing an act, identified in division (D)(1)(f) of that	2078
section and to which division (B)(3) of this section does not	2079
apply; within five years of the date of the submission, has not	2080
been convicted of, pleaded guilty, or adjudicated a delinquent	2081
child for committing two or more violations identified in division	2082
(D)(1)(g) of that section; within ten years of the date of the	2083
submission, has not been convicted of, pleaded guilty, or	2084
adjudicated a delinquent child for committing a violation	2085
identified in division (D)(1)(h) of that section and to which	2086
division (B)(3) of this section does not apply; has not been	2087
adjudicated as a mental defective, has not been committed to any	2088
mental institution, is not under adjudication of mental	2089
incompetence, has not been found by a court to be a mentally ill	2090
person subject to hospitalization by court order, and is not an	2091
involuntary patient other than one who is a patient only for	2092
purposes of observation, as described in division (D)(1)(i) of	2093
that section; is not currently subject to a civil protection	2094
order, a temporary protection order, or a protection order issued	2095
by a court of another state, as described in division (D)(1)(j) of	2096
that section; and is not currently subject to a suspension imposed	2097
under division (A)(2) of section 2923.128 of the Revised Code of a	2098
license to carry a concealed handgun, or a temporary emergency	2099
license to carry a concealed handgun, that previously was issued	2100
to the person;	2101

(c) A temporary emergency license fee established by the Ohio	2102
peace officer training commission for an amount that does not	2103
exceed the actual cost of conducting the criminal background check	2104
or thirty dollars;	2105

(d) A set of fingerprints of the applicant provided as	2106
described in section 311.41 of the Revised Code through use of an	2107
electronic fingerprint reading device or, if the sheriff to whom	2108
the application is submitted does not possess and does not have	2109
ready access to the use of an electronic fingerprint reading	2110
device, on a standard impression sheet prescribed pursuant to	2111
division (C)(2) of section 109.572 of the Revised Code. If the	2112
fingerprints are provided on a standard impression sheet, the	2113
person also shall provide the person's social security number to	2114
the sheriff.	2115

(2) A sheriff shall accept the evidence of imminent danger,	2116
the sworn affidavit, the fee, and the set of fingerprints required	2117
under division (B)(1) of this section at the times and in the	2118
manners described in division (I) of this section. Upon receipt of	2119
the evidence of imminent danger, the sworn affidavit, the fee, and	2120
the set of fingerprints required under division (B)(1) of this	2121
section, the sheriff, in the manner specified in section 311.41 of	2122
the Revised Code, immediately shall conduct or cause to be	2123
conducted the criminal records check and the incompetency records	2124
check described in section 311.41 of the Revised Code. Immediately	2125
upon receipt of the results of the records checks, the sheriff	2126
shall review the information and shall determine whether the	2127
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	2128
section 2923.125 of the Revised Code apply regarding the person.	2129
If the sheriff determines that all of criteria set forth in	2130
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	2131
Revised Code apply regarding the person, the sheriff shall	2132
immediately make available through the law enforcement automated	2133
data system all information that will be contained on the	2134
temporary emergency license for the person if one is issued, and	2135
the superintendent of the state highway patrol shall ensure that	2136
the system is so configured as to permit the transmission through	2137
the system of that information. Upon making that information	2138
available through the law enforcement automated data system, the	2139
sheriff shall immediately issue to the person a temporary	2140
emergency license to carry a concealed handgun.	2141

If the sheriff denies the issuance of a temporary emergency	2142
license to the person, the sheriff shall specify the grounds for	2143
the denial in a written notice to the person. The person may	2144
appeal the denial, or challenge criminal records check results	2145
that were the basis of the denial if applicable, in the same	2146
manners specified in division (D)(2) of section 2923.125 and in	2147
section 2923.127 of the Revised Code, regarding the denial of an	2148
application for a license to carry a concealed handgun under that	2149
section.	2150

The temporary emergency license under this division shall be	2151
in the form, and shall include all of the information, described	2152
in divisions (A)(2) and (5) of section 109.731 of the Revised	2153
Code, and also shall include a unique combination of identifying	2154
letters and numbers in accordance with division (A)(4) of that	2155
section.	2156

The temporary emergency license issued under this division is	2157
valid for ninety days and may not be renewed. A person who has	2158
been issued a temporary emergency license under this division	2159
shall not be issued another temporary emergency license unless at	2160
least four years has expired since the issuance of the prior	2161
temporary emergency license.	2162

(3) If a person seeking a temporary emergency license to	2163
carry a concealed handgun has been convicted of or pleaded guilty	2164
to an offense identified in division (D)(1)(e), (f), or (h) of	2165
section 2923.125 of the Revised Code or has been adjudicated a	2166
delinquent child for committing an act or violation identified in	2167
any of those divisions, and if a court has ordered the sealing or	2168
expungement of the records of that conviction, guilty plea, or	2169
adjudication pursuant to sections 2151.355 to 2151.358 or sections	2170
2953.31 to 2953.36 of the Revised Code or a court has granted the	2171
applicant relief pursuant to section 2923.14 of the Revised Code	2172
from the disability imposed pursuant to section 2923.13 of the	2173
Revised Code relative to that conviction, guilty plea, or	2174
adjudication, the conviction, guilty plea, or adjudication shall	2175
not be relevant for purposes of the sworn affidavit described in	2176
division (B)(1)(b) of this section, and the person may complete,	2177
and swear to the truth of, the affidavit as if the conviction,	2178
guilty plea, or adjudication never had occurred.	2179

(C) A person who holds a temporary emergency license to carry	2180
a concealed handgun has the same right to carry a concealed	2181
handgun as a person who was issued a license to carry a concealed	2182
handgun under section 2923.125 of the Revised Code, and any	2183
exceptions to the prohibitions contained in section 1547.69 and	2184
sections 2923.12 to 2923.16 of the Revised Code for a licensee	2185
under section 2923.125 of the Revised Code apply to a licensee	2186
under this section. The person is subject to the same	2187
restrictions, and to all other procedures, duties, and sanctions,	2188
that apply to a person who carries a license issued under section	2189
2923.125 of the Revised Code, other than the license renewal	2190
procedures set forth in that section.	2191

(D) A sheriff who issues a temporary emergency license to	2192
carry a concealed handgun under this section shall not require a	2193
person seeking to carry a concealed handgun in accordance with	2194
this section to submit a competency certificate as a prerequisite	2195
for issuing the license and shall comply with division (H) of	2196
section 2923.125 of the Revised Code in regards to the license.	2197
The sheriff shall suspend or revoke the license in accordance with	2198
section 2923.128 of the Revised Code. In addition to the	2199
suspension or revocation procedures set forth in section 2923.128	2200
of the Revised Code, the sheriff may revoke the license upon	2201
receiving information, verifiable by public documents, that the	2202
person is not eligible to possess a firearm under either the laws	2203
of this state or of the United States or that the person committed	2204
perjury in obtaining the license; if the sheriff revokes a license	2205
under this additional authority, the sheriff shall notify the	2206
person, by certified mail, return receipt requested, at the	2207
person's last known residence address that the license has been	2208
revoked and that the person is required to surrender the license	2209
at the sheriff's office within ten days of the date on which the	2210
notice was mailed. Division (H) of section 2923.125 of the	2211
Revised Code applies regarding any suspension or revocation of a	2212
temporary emergency license to carry a concealed handgun.	2213

(E) A sheriff who issues a temporary emergency license to	2214
carry a concealed handgun under this section shall retain, for the	2215
entire period during which the temporary emergency license is in	2216
effect, the evidence of imminent danger that the person submitted	2217
to the sheriff and that was the basis for the license, or a copy	2218
of that evidence, as appropriate.	2219

(F) If a temporary emergency license to carry a concealed	2220
handgun issued under this section is lost or is destroyed, the	2221
licensee may obtain from the sheriff who issued that license a	2222
duplicate license upon the payment of a fee of fifteen dollars and	2223
the submission of an affidavit attesting to the loss or	2224
destruction of the license. The sheriff, in accordance with the	2225
procedures prescribed in section 109.731 of the Revised Code,	2226
shall place on the replacement license a combination of	2227
identifying numbers different from the combination on the license	2228
that is being replaced.	2229

(G) The Ohio peace officer training commission shall	2230
prescribe, and shall make available to sheriffs, a standard form	2231
to be used under division (B) of this section by a person who	2232
applies for a temporary emergency license to carry a concealed	2233
handgun on the basis of imminent danger of a type described in	2234
division (A)(1)(a) of this section.	2235

(H) A sheriff who receives any fees paid by a person under	2236
this section shall deposit all fees so paid into the sheriff's	2237
concealed handgun license issuance expense fund established under	2238
section 311.42 of the Revised Code.	2239

(I) A sheriff shall accept evidence of imminent danger, a	2240
sworn affidavit, the fee, and the set of fingerprints specified in	2241
division (B)(1) of this section at any time during normal business	2242
hours. In no case shall a sheriff require an appointment, or	2243
designate a specific period of time, for the submission or	2244
acceptance of evidence of imminent danger, a sworn affidavit, the	2245
fee, and the set of fingerprints specified in division (B)(1) of	2246
this section, or for the provision to any person of a standard	2247
form to be used for a person to apply for a temporary emergency	2248
license to carry a concealed handgun.	2249

Sec. 2923.16. (A) No person shall knowingly discharge a	2250
firearm while in or on a motor vehicle.	2251

(B) No person shall knowingly transport or have a loaded	2252
firearm in a motor vehicle in such a manner that the firearm is	2253
accessible to the operator or any passenger without leaving the	2254
vehicle.	2255

(C) No person shall knowingly transport or have a firearm in	2256
a motor vehicle, unless itthe person may lawfully possess that	2257
firearm under applicable law of this state or the United States,	2258
the firearm is unloaded, and the firearm is carried in one of the	2259
following ways:	2260

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

2261

(2) In a compartment that can be reached only by leaving the	2262
vehicle;	2263

(3) In plain sight and secured in a rack or holder made for	2264
the purpose;	2265

(4) InIf the firearm is at least twenty-four inches in	2266
overall length as measured from the muzzle to the part of the	2267
stock furthest from the muzzle and if the barrel is at least	2268
eighteen inches in length, either in plain sight with the action	2269
open or the weapon stripped, or, if the firearm is of a type on	2270
which the action will not stay open or which cannot easily be	2271
stripped, in plain sight.	2272

(D) No person shall knowingly transport or have a loaded	2273
handgun in a motor vehicle if, at the time of that transportation	2274
or possession, any of the following applies:	2275

(1) The person is under the influence of alcohol, a drug of	2276
abuse, or a combination of them.	2277

(2) The person's whole blood, blood serum or plasma, breath,	2278
or urine contains a concentration of alcohol, a listed controlled	2279
substance, or a listed metabolite of a controlled substance	2280
prohibited for persons operating a vehicle, as specified in	2281
division (A) of section 4511.19 of the Revised Code, regardless	2282
of whether the person at the time of the transportation or	2283
possession as described in this division is the operator of or a	2284
passenger in the motor vehicle.	2285

(E) No person who has been issued a license or temporary	2286
emergency license to carry a concealed handgun under section	2287
2923.125 or 2923.1213 of the Revised Code shall do any of the	2288
following:	2289

(1) Knowingly transport or have a loaded handgun in a motor	2290
vehicle unless one of the following applies:	2291

(a) The loaded handgun is in a holster on the person's	2292
person.	2293

(b) The loaded handgun is in a closed case, bag, box, or	2294
other container that is in plain sight and that has a lid, a	2295
cover, or a closing mechanism with a zipper, snap, or buckle,	2296
which lid, cover, or closing mechanism must be opened for a person	2297
to gain access to the handgun.	2298

(c) The loaded handgun is securely encased by being stored in	2299
a closed~~, locked~~ glove compartment or vehicle console or in a case	2300
that is locked.	2301

(2) If the person is transporting or has a loaded handgun in	2302
a motor vehicle in a manner authorized under division (E)(1) of	2303
this section, knowingly remove or attempt to remove the loaded	2304
handgun from the holster, case, bag, box, container, or glove	2305
compartment, knowingly grasp or hold the loaded handgun, or	2306
knowingly have contact with the loaded handgun by touching it with	2307
the person's hands or fingers while the motor vehicle is being	2308
operated on a street, highway, or public property unless the	2309
person removes, attempts to remove, grasps, holds, or has the	2310
contact with the loaded handgun pursuant to and in accordance with	2311
directions given by a law enforcement officer;	2312

(3) If the person is the driver or an occupant of a motor	2313
vehicle that is stopped as a result of a traffic stop or a stop	2314
for another law enforcement purpose or is the driver or an	2315
occupant of a commercial motor vehicle that is stopped by an	2316
employee of the motor carrier enforcement unit for the purposes	2317
defined in section 5503.34 of the Revised Code, and if the person	2318
is transporting or has a loaded handgun in the motor vehicle or	2319
commercial motor vehicle in any manner, fail to do any of the	2320
following that is applicable:	2321

(a) If the person is the driver or an occupant of a motor	2322
vehicle stopped as a result of a traffic stop or a stop for	2323
another law enforcement purpose, fail to promptly inform any law	2324
enforcement officer who approaches the vehicle while stopped that	2325
the person has been issued a license or temporary emergency	2326
license to carry a concealed handgun and that the person then	2327
possesses or has a loaded handgun in the motor vehicle;	2328

(b) If the person is the driver or an occupant of a	2329
commercial motor vehicle stopped by an employee of the motor	2330
carrier enforcement unit for any of the defined purposes, fail to	2331
promptly inform the employee of the unit who approaches the	2332
vehicle while stopped that the person has been issued a license or	2333
temporary emergency license to carry a concealed handgun and that	2334
the person then possesses or has a loaded handgun in the	2335
commercial motor vehicle.	2336

(4) If the person is the driver or an occupant of a motor	2337
vehicle that is stopped as a result of a traffic stop or a stop	2338
for another law enforcement purpose and if the person is	2339
transporting or has a loaded handgun in the motor vehicle in any	2340
manner, knowingly fail to remain in the motor vehicle while	2341
stopped or knowingly fail to keep the person's hands in plain	2342
sight at any time after any law enforcement officer begins	2343
approaching the person while stopped and before the law	2344
enforcement officer leaves, unless the failure is pursuant to and	2345
in accordance with directions given by a law enforcement officer;	2346

(5) If the person is the driver or an occupant of a motor	2347
vehicle that is stopped as a result of a traffic stop or a stop	2348
for another law enforcement purpose, if the person is transporting	2349
or has a loaded handgun in the motor vehicle in a manner	2350
authorized under division (E)(1) of this section, and if the	2351
person is approached by any law enforcement officer while stopped,	2352
knowingly remove or attempt to remove the loaded handgun from the	2353
holster, case, bag, box, container, or glove compartment,	2354
knowingly grasp or hold the loaded handgun, or knowingly have	2355
contact with the loaded handgun by touching it with the person's	2356
hands or fingers in the motor vehicle at any time after the law	2357
enforcement officer begins approaching and before the law	2358
enforcement officer leaves, unless the person removes, attempts to	2359
remove, grasps, holds, or has contact with the loaded handgun	2360
pursuant to and in accordance with directions given by the law	2361
enforcement officer;	2362

(6) If the person is the driver or an occupant of a motor	2363
vehicle that is stopped as a result of a traffic stop or a stop	2364
for another law enforcement purpose and if the person is	2365
transporting or has a loaded handgun in the motor vehicle in any	2366
manner, knowingly disregard or fail to comply with any lawful	2367
order of any law enforcement officer given while the motor vehicle	2368
is stopped, including, but not limited to, a specific order to the	2369
person to keep the person's hands in plain sight.	2370

(F)(1) Divisions (A), (B), (C), and (E) of this section do	2371
not apply to any of the following:	2372

(a) An officer, agent, or employee of this or any other state	2373
or the United States, or a law enforcement officer, when	2374
authorized to carry or have loaded or accessible firearms in motor	2375
vehicles and acting within the scope of the officer's, agent's, or	2376
employee's duties;	2377

(b) Any person who is employed in this state, who is	2378
authorized to carry or have loaded or accessible firearms in motor	2379
vehicles, and who is subject to and in compliance with the	2380
requirements of section 109.801 of the Revised Code, unless the	2381
appointing authority of the person has expressly specified that	2382
the exemption provided in division (F)(1)(b) of this section does	2383
not apply to the person.	2384

(2) Division (A) of this section does not apply to a person	2385
if all of the following circumstances apply:	2386

(a) The person discharges a firearm from a motor vehicle at a	2387
coyote or groundhog, the discharge is not during the deer gun	2388
hunting season as set by the chief of the division of wildlife of	2389
the department of natural resources, and the discharge at the	2390
coyote or groundhog, but for the operation of this section, is	2391
lawful.	2392

(b) The motor vehicle from which the person discharges the	2393
firearm is on real property that is located in an unincorporated	2394
area of a township and that either is zoned for agriculture or is	2395
used for agriculture.	2396

(c) The person owns the real property described in division	2397
(F)(2)(b) of this section, is the spouse or a child of another	2398
person who owns that real property, is a tenant of another person	2399
who owns that real property, or is the spouse or a child of a	2400
tenant of another person who owns that real property.	2401

(d) The person does not discharge the firearm in any of the	2402
following manners:	2403

(i) While under the influence of alcohol, a drug of abuse, or	2404
alcohol and a drug of abuse;	2405

(ii) In the direction of a street, highway, or other public	2406
or private property used by the public for vehicular traffic or	2407
parking;	2408

(iii) At or into an occupied structure that is a permanent or	2409
temporary habitation;	2410

(iv) In the commission of any violation of law, including,	2411
but not limited to, a felony that includes, as an essential	2412
element, purposely or knowingly causing or attempting to cause the	2413
death of or physical harm to another and that was committed by	2414
discharging a firearm from a motor vehicle.	2415

(3) Divisions (B) and (C) of this section do not apply to a	2416
person if all of the following circumstances apply:	2417

(a) At the time of the alleged violation of either of those	2418
divisions, the person is the operator of or a passenger in a motor	2419
vehicle.	2420

(b) The motor vehicle is on real property that is located in	2421
an unincorporated area of a township and that either is zoned for	2422
agriculture or is used for agriculture.	2423

(c) The person owns the real property described in division	2424
(D)(3)(b) of this section, is the spouse or a child of another	2425
person who owns that real property, is a tenant of another person	2426
who owns that real property, or is the spouse or a child of a	2427
tenant of another person who owns that real property.	2428

(d) The person, prior to arriving at the real property	2429
described in division (D)(3)(b) of this section, did not transport	2430
or possess a firearm in the motor vehicle in a manner prohibited	2431
by division (B) or (C) of this section while the motor vehicle was	2432
being operated on a street, highway, or other public or private	2433
property used by the public for vehicular traffic or parking.	2434

(4) Divisions (B) and (C) of this section do not apply to a	2435
person who transports or possesses a handgun in a motor vehicle	2436
if, at the time of that transportation or possession, all of the	2437
following apply:	2438

(a) The person transporting or possessing the handgun is	2439
carrying a valid license or temporary emergency license to carry a	2440
concealed handgun issued to the person under section 2923.125 or	2441
2923.1213 of the Revised Code or a license to carry a concealed	2442
handgun that was issued by another state with which the attorney	2443
general has entered into a reciprocity agreement under section	2444
109.69 of the Revised Code.	2445

(b) The person transporting or possessing the handgun is not	2446
knowingly in a place described in division (B) of section 2923.126	2447
of the Revised Code.	2448

2449

(i) The handgun is in a holster on the person's person.

2450

(ii) The handgun is in a closed case, bag, box, or other	2451
container that is in plain sight and that has a lid, a cover, or a	2452
closing mechanism with a zipper, snap, or buckle, which lid,	2453
cover, or closing mechanism must be opened for a person to gain	2454
access to the handgun.	2455

(iii) The handgun is securely encased by being stored in a	2456
closed~~, locked~~ glove compartment or vehicle console or in a case	2457
that is locked.	2458

(G)(1) The affirmative defenses authorized in divisions	2459
(D)(1)and (2) of section 2923.12 of the Revised Code are	2460
affirmative defenses to a charge under division (B) or (C) of this	2461
section that involves a firearm other than a handgun.	2462

(2) It is an affirmative defense to a charge under division	2463
(B) or (C) of this section of improperly handling firearms in a	2464
motor vehicle that the actor transported or had the firearm in the	2465
motor vehicle for any lawful purpose and while the motor vehicle	2466
was on the actor's own property, provided that this affirmative	2467
defense is not available unless the person, immediately prior to	2468
arriving at the actor's own property, did not transport or possess	2469
the firearm in a motor vehicle in a manner prohibited by division	2470
(B) or (C) of this section while the motor vehicle was being	2471
operated on a street, highway, or other public or private property	2472
used by the public for vehicular traffic.	2473

(H) No person who is charged with a violation of division	2474
(B), (C), or (D) of this section shall be required to obtain a	2475
license or temporary emergency license to carry a concealed	2476
handgun under section 2923.125 or 2923.1213 of the Revised Code as	2477
a condition for the dismissal of the charge.	2478

(I) Whoever violates this section is guilty of improperly	2479
handling firearms in a motor vehicle. Violation of division (A) of	2480
this section is a felony of the fourth degree. Violation of	2481
division (C) of this section is a misdemeanor of the fourth	2482
degree. A violation of division (D) of this section is a felony of	2483
the fifth degree or, if the loaded handgun is concealed on the	2484
person's person, a felony of the fourth degree. AExcept as	2485
otherwise provided in this division, a violation of division	2486
(E)(3) of this section is a misdemeanor of the first degree, and,	2487
in addition to any other penalty or sanction imposed for the	2488
violation, the offender's license or temporary emergency license	2489
to carry a concealed handgun shall be suspended pursuant to	2490
division (A)(2) of section 2923.128 of the Revised Code. If at the	2491
time of the stop of the offender for a traffic stop, for another	2492
law enforcement purpose, or for a purpose defined in section	2493
5503.34 of the Revised Code that was the basis of the violation	2494
any law enforcement officer involved with the stop or the employee	2495
of the motor carrier enforcement unit who made the stop had	2496
actual knowledge of the offender's status as a licensee, a	2497
violation of division (E)(3) of this section is a minor	2498
misdemeanor, and the offender's license or temporary emergency	2499
license to carry a concealed handgun shall not be suspended	2500
pursuant to division (A)(2) of section 2923.128 of the Revised	2501
Code. A violation of division (E)(1), (2), or (5) of this section	2502
is a felony of the fifth degree. A violation of division (E)(4)	2503
or (6) of this section is a misdemeanor of the first degree or,	2504
if the offender previously has been convicted of or pleaded	2505
guilty to a violation of division (E)(4) or (6) of this section,	2506
a felony of the fifth degree. In addition to any other penalty or	2507
sanction imposed for a misdemeanor violation of division (E)(4)	2508
or (6) of this section, the offender's license or temporary	2509
emergency license to carry a concealed handgun shall be suspended	2510
pursuant to division (A)(2) of section 2923.128 of the Revised	2511
Code. A violation of division (B) of this section is whichever of	2512
the following is applicable:	2513

(1) If, at the time of the transportation or possession in	2514
violation of division (B) of this section, the offender was	2515
carrying a valid license or temporary emergency license to carry a	2516
concealed handgun issued to the offender under section 2923.125 or	2517
2923.1213 of the Revised Code or a license to carry a concealed	2518
handgun that was issued by another state with which the attorney	2519
general has entered into a reciprocity agreement under section	2520
109.69 of the Revised Code and the offender was not knowingly in a	2521
place described in division (B) of section 2923.126 of the Revised	2522
Code, the violation is a misdemeanor of the first degree or, if	2523
the offender previously has been convicted of or pleaded guilty to	2524
a violation of division (B) of this section, a felony of the	2525
fourth degree.	2526

(2) If division (I)(1) of this section does not apply, a	2527
felony of the fourth degree.	2528

(J) If a law enforcement officer stops a motor vehicle for a	2529
traffic stop or any other purpose, if any person in the motor	2530
vehicle surrenders a firearm to the officer, either voluntarily or	2531
pursuant to a request or demand of the officer, and if the officer	2532
does not charge the person with a violation of this section or	2533
arrest the person for any offense, the person is not otherwise	2534
prohibited by law from possessing the firearm, and the firearm is	2535
not contraband, the officer shall return the firearm to the person	2536
at the termination of the stop. If a court orders a law	2537
enforcement officer to return a firearm to a person pursuant to	2538
the requirement set forth in this division, division (B) of	2539
section 2923.163 of the Revised Code applies.	2540

(K) As used in this section:

2541

(1) "Motor vehicle," "street," and "highway" have the same	2542
meanings as in section 4511.01 of the Revised Code.	2543

(2) "Occupied structure" has the same meaning as in section	2544
2909.01 of the Revised Code.	2545

(3) "Agriculture" has the same meaning as in section 519.01	2546
of the Revised Code.	2547

(4) "Tenant" has the same meaning as in section 1531.01 of	2548
the Revised Code.	2549

(5) "Unloaded" means~~, with~~any of the following:

2550

(a) No ammunition is in the firearm in question, and no	2551
ammunition is loaded into a magazine or speed loader that may be	2552
used with the firearm in question and that is located anywhere	2553
within the vehicle in question, without regard to where	2554
ammunition otherwise is located within the vehicle in question.	2555

(b) With respect to a firearm employing a percussion cap,	2556
flintlock, or other obsolete ignition system, when the weapon is	2557
uncapped or when the priming charge is removed from the pan.	2558

(6) "Commercial motor vehicle" has the same meaning as in	2559
division (A) of section 4506.25 of the Revised Code.	2560

(7) "Motor carrier enforcement unit" means the motor carrier	2561
enforcement unit in the department of public safety, division of	2562
state highway patrol, that is created by section 5503.34 of the	2563
Revised Code.	2564

Sec. 2923.163. If a law enforcement officer stops a person	2565
for any law enforcement purpose and the person voluntarily or	2566
pursuant to a request or demand of the officer surrenders a	2567
firearm to the officer, if a law enforcement officer stops a motor	2568
vehicle for any purpose and a person in the motor vehicle	2569
voluntarily or pursuant to a request or demand of the officer	2570
surrenders a firearm to the officer, or if a law enforcement	2571
officer otherwise seizes a firearm from a person, all of the	2572
following apply:	2573

(A) If the law enforcement officer does not return the	2574
firearm to the person at the termination of the stop or otherwise	2575
promptly return the firearm to the person after the seizure of the	2576
firearm, the officer or other personnel at the officer's law	2577
enforcement agency shall maintain the integrity and identity of	2578
the firearm in such a manner so that if the firearm subsequently	2579
is to be returned to the person it can be identified and returned	2580
to the person in the same condition it was in when it was seized.	2581

(B) If the law enforcement officer does not return the	2582
firearm to the person at the termination of the stop or otherwise	2583
promptly return the firearm to the person after the seizure of the	2584
firearm, if a court finds that a law enforcement officer failed to	2585
return the firearm to the person after the person has demanded the	2586
return of the firearm from the officer, and if the court orders a	2587
law enforcement officer to return the firearm to the person, in	2588
addition to any other relief ordered, the court also shall award	2589
reasonable costs and attorney's fees to the person who sought the	2590
order to return the firearm.	2591

Sec. 2929.14. (A) Except as provided in division (C),	2592
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of	2593
this section and except in relation to an offense for which a	2594
sentence of death or life imprisonment is to be imposed, if the	2595
court imposing a sentence upon an offender for a felony elects or	2596
is required to impose a prison term on the offender pursuant to	2597
this chapter, the court shall impose a definite prison term that	2598
shall be one of the following:	2599

(1) For a felony of the first degree, the prison term shall	2600
be three, four, five, six, seven, eight, nine, or ten years.	2601

(2) For a felony of the second degree, the prison term shall	2602
be two, three, four, five, six, seven, or eight years.	2603

(3) For a felony of the third degree, the prison term shall	2604
be one, two, three, four, or five years.	2605

(4) For a felony of the fourth degree, the prison term shall	2606
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2607
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2608

(5) For a felony of the fifth degree, the prison term shall	2609
be six, seven, eight, nine, ten, eleven, or twelve months.	2610

(B) Except as provided in division (C), (D)(1), (D)(2),	2611
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section	2612
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	2613
Revised Code, if the court imposing a sentence upon an offender	2614
for a felony elects or is required to impose a prison term on the	2615
offender, the court shall impose the shortest prison term	2616
authorized for the offense pursuant to division (A) of this	2617
section, unless one or more of the following applies:	2618

(1) The offender was serving a prison term at the time of the	2619
offense, or the offender previously had served a prison term.	2620

(2) The court finds on the record that the shortest prison	2621
term will demean the seriousness of the offender's conduct or will	2622
not adequately protect the public from future crime by the	2623
offender or others.	2624

(C) Except as provided in division (G) or (L) of this section	2625
or in Chapter 2925. of the Revised Code, the court imposing a	2626
sentence upon an offender for a felony may impose the longest	2627
prison term authorized for the offense pursuant to division (A) of	2628
this section only upon offenders who committed the worst forms of	2629
the offense, upon offenders who pose the greatest likelihood of	2630
committing future crimes, upon certain major drug offenders under	2631
division (D)(3) of this section, and upon certain repeat violent	2632
offenders in accordance with division (D)(2) of this section.	2633

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2634
section, if an offender who is convicted of or pleads guilty to a	2635
felony also is convicted of or pleads guilty to a specification of	2636
the type described in section 2941.141, 2941.144, or 2941.145 of	2637
the Revised Code, the court shall impose on the offender one of	2638
the following prison terms:	2639

(i) A prison term of six years if the specification is of the	2640
type described in section 2941.144 of the Revised Code that	2641
charges the offender with having a firearm that is an automatic	2642
firearm or that was equipped with a firearm muffler or silencer on	2643
or about the offender's person or under the offender's control	2644
while committing the felony;	2645

(ii) A prison term of three years if the specification is of	2646
the type described in section 2941.145 of the Revised Code that	2647
charges the offender with having a firearm on or about the	2648
offender's person or under the offender's control while committing	2649
the offense and displaying the firearm, brandishing the firearm,	2650
indicating that the offender possessed the firearm, or using it to	2651
facilitate the offense;	2652

(iii) A prison term of one year if the specification is of	2653
the type described in section 2941.141 of the Revised Code that	2654
charges the offender with having a firearm on or about the	2655
offender's person or under the offender's control while committing	2656
the felony.	2657

(b) If a court imposes a prison term on an offender under	2658
division (D)(1)(a) of this section, the prison term shall not be	2659
reduced pursuant to section 2929.20, section 2967.193, or any	2660
other provision of Chapter 2967. or Chapter 5120. of the Revised	2661
Code. AExcept as provided in division (D)(1)(g) of this section,	2662
a court shall not impose more than one prison term on an offender	2663
under division (D)(1)(a) of this section for felonies committed as	2664
part of the same act or transaction.	2665

(c) Except as provided in division (D)(1)(e) of this section,	2666
if an offender who is convicted of or pleads guilty to a violation	2667
of section 2923.161 of the Revised Code or to a felony that	2668
includes, as an essential element, purposely or knowingly causing	2669
or attempting to cause the death of or physical harm to another,	2670
also is convicted of or pleads guilty to a specification of the	2671
type described in section 2941.146 of the Revised Code that	2672
charges the offender with committing the offense by discharging a	2673
firearm from a motor vehicle other than a manufactured home, the	2674
court, after imposing a prison term on the offender for the	2675
violation of section 2923.161 of the Revised Code or for the other	2676
felony offense under division (A), (D)(2), or (D)(3) of this	2677
section, shall impose an additional prison term of five years upon	2678
the offender that shall not be reduced pursuant to section	2679
2929.20, section 2967.193, or any other provision of Chapter 2967.	2680
or Chapter 5120. of the Revised Code. A court shall not impose	2681
more than one additional prison term on an offender under division	2682
(D)(1)(c) of this section for felonies committed as part of the	2683
same act or transaction. If a court imposes an additional prison	2684
term on an offender under division (D)(1)(c) of this section	2685
relative to an offense, the court also shall impose a prison term	2686
under division (D)(1)(a) of this section relative to the same	2687
offense, provided the criteria specified in that division for	2688
imposing an additional prison term are satisfied relative to the	2689
offender and the offense.	2690

(d) If an offender who is convicted of or pleads guilty to	2691
an offense of violence that is a felony also is convicted of or	2692
pleads guilty to a specification of the type described in section	2693
2941.1411 of the Revised Code that charges the offender with	2694
wearing or carrying body armor while committing the felony offense	2695
of violence, the court shall impose on the offender a prison term	2696
of two years. The prison term so imposed shall not be reduced	2697
pursuant to section 2929.20, section 2967.193, or any other	2698
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2699
court shall not impose more than one prison term on an offender	2700
under division (D)(1)(d) of this section for felonies committed as	2701
part of the same act or transaction. If a court imposes an	2702
additional prison term under division (D)(1)(a) or (c) of this	2703
section, the court is not precluded from imposing an additional	2704
prison term under division (D)(1)(d) of this section.	2705

(e) The court shall not impose any of the prison terms	2706
described in division (D)(1)(a) of this section or any of the	2707
additional prison terms described in division (D)(1)(c) of this	2708
section upon an offender for a violation of section 2923.12 or	2709
2923.123 of the Revised Code. The court shall not impose any of	2710
the prison terms described in division (D)(1)(a) or (b) of this	2711
section upon an offender for a violation of section 2923.122 that	2712
involves a deadly weapon that is a firearm other than a dangerous	2713
ordnance, section 2923.16, or section 2923.121 of the Revised	2714
Code. The court shall not impose any of the prison terms described	2715
in division (D)(1)(a) of this section or any of the additional	2716
prison terms described in division (D)(1)(c) of this section upon	2717
an offender for a violation of section 2923.13 of the Revised Code	2718
unless all of the following apply:	2719

(i) The offender previously has been convicted of aggravated	2720
murder, murder, or any felony of the first or second degree.	2721

(ii) Less than five years have passed since the offender was	2722
released from prison or post-release control, whichever is later,	2723
for the prior offense.	2724

(f) If an offender is convicted of or pleads guilty to a	2725
felony that includes, as an essential element, causing or	2726
attempting to cause the death of or physical harm to another and	2727
also is convicted of or pleads guilty to a specification of the	2728
type described in section 2941.1412 of the Revised Code that	2729
charges the offender with committing the offense by discharging a	2730
firearm at a peace officer as defined in section 2935.01 of the	2731
Revised Code or a corrections officer, as defined in section	2732
2941.1412 of the Revised Code, the court, after imposing a prison	2733
term on the offender for the felony offense under division (A),	2734
(D)(2), or (D)(3) of this section, shall impose an additional	2735
prison term of seven years upon the offender that shall not be	2736
reduced pursuant to section 2929.20, section 2967.193, or any	2737
other provision of Chapter 2967. or Chapter 5120. of the Revised	2738
Code. ~~A court shall not impose more than one additional prison~~	2739
~~term on an offender under division (D)(1)(f) of this section for~~	2740
~~felonies committed as part of the same act or transaction~~If an	2741
offender is convicted of or pleads guilty to two or more felonies	2742
that include, as an essential element, causing or attempting to	2743
cause the death or physical harm to another and also is convicted	2744
of or pleads guilty to a specification of the type described under	2745
division (D)(1)(f) of this section in connection with two or more	2746
of the felonies of which the offender is convicted or to which the	2747
offender pleads guilty, the sentencing court shall impose on the	2748
offender the prison term specified under division (D)(1)(f) of	2749
this section for each of two of the specifications of which the	2750
offender is convicted or to which the offender pleads guilty and,	2751
in its discretion, also may impose on the offender the prison term	2752
specified under that division for any or all of the remaining	2753
specifications. If a court imposes an additional prison term on	2754
an offender under division (D)(1)(f) of this section relative to	2755
an offense, the court shall not impose a prison term under	2756
division (D)(1)(a) or (c) of this section relative to the same	2757
offense.	2758

(g) If an offender is convicted of or pleads guilty to two	2759
or more felonies, if one or more of those felonies is aggravated	2760
murder, murder, attempted aggravated murder, attempted murder,	2761
aggravated robbery, felonious assault, or rape, and if the	2762
offender is convicted of or pleads guilty to a specification of	2763
the type described under division (D)(1)(a) of this section in	2764
connection with two or more of the felonies, the sentencing court	2765
shall impose on the offender the prison term specified under	2766
division (D)(1)(a) of this section for each of the two most	2767
serious specifications of which the offender is convicted or to	2768
which the offender pleads guilty and, in its discretion, also may	2769
impose on the offender the prison term specified under that	2770
division for any or all of the remaining specifications.	2771

(2)(a) If division (D)(2)(b) of this section does not apply,	2772
the court may impose on an offender, in addition to the longest	2773
prison term authorized or required for the offense, an additional	2774
definite prison term of one, two, three, four, five, six, seven,	2775
eight, nine, or ten years if all of the following criteria are	2776
met:	2777

(i) The offender is convicted of or pleads guilty to a	2778
specification of the type described in section 2941.149 of the	2779
Revised Code that the offender is a repeat violent offender.	2780

(ii) The offense of which the offender currently is convicted	2781
or to which the offender currently pleads guilty is aggravated	2782
murder and the court does not impose a sentence of death or life	2783
imprisonment without parole, murder, terrorism and the court does	2784
not impose a sentence of life imprisonment without parole, any	2785
felony of the first degree that is an offense of violence and the	2786
court does not impose a sentence of life imprisonment without	2787
parole, or any felony of the second degree that is an offense of	2788
violence and the trier of fact finds that the offense involved an	2789
attempt to cause or a threat to cause serious physical harm to a	2790
person or resulted in serious physical harm to a person.	2791

(iii) The court imposes the longest prison term for the	2792
offense that is not life imprisonment without parole.	2793

(iv) The court finds that the prison terms imposed pursuant	2794
to division (D)(2)(a)(iii) of this section and, if applicable,	2795
division (D)(1) or (3) of this section are inadequate to punish	2796
the offender and protect the public from future crime, because the	2797
applicable factors under section 2929.12 of the Revised Code	2798
indicating a greater likelihood of recidivism outweigh the	2799
applicable factors under that section indicating a lesser	2800
likelihood of recidivism.	2801

(v) The court finds that the prison terms imposed pursuant to	2802
division (D)(2)(a)(iii) of this section and, if applicable,	2803
division (D)(1) or (3) of this section are demeaning to the	2804
seriousness of the offense, because one or more of the factors	2805
under section 2929.12 of the Revised Code indicating that the	2806
offender's conduct is more serious than conduct normally	2807
constituting the offense are present, and they outweigh the	2808
applicable factors under that section indicating that the	2809
offender's conduct is less serious than conduct normally	2810
constituting the offense.	2811

(b) The court shall impose on an offender the longest prison	2812
term authorized or required for the offense and shall impose on	2813
the offender an additional definite prison term of one, two,	2814
three, four, five, six, seven, eight, nine, or ten years if all of	2815
the following criteria are met:	2816

(i) The offender is convicted of or pleads guilty to a	2817
specification of the type described in section 2941.149 of the	2818
Revised Code that the offender is a repeat violent offender.	2819

(ii) The offender within the preceding twenty years has been	2820
convicted of or pleaded guilty to three or more offenses described	2821
in division (DD)(1) of section 2929.01 of the Revised Code,	2822
including all offenses described in that division of which the	2823
offender is convicted or to which the offender pleads guilty in	2824
the current prosecution and all offenses described in that	2825
division of which the offender previously has been convicted or to	2826
which the offender previously pleaded guilty, whether prosecuted	2827
together or separately.	2828

(iii) The offense or offenses of which the offender currently	2829
is convicted or to which the offender currently pleads guilty is	2830
aggravated murder and the court does not impose a sentence of	2831
death or life imprisonment without parole, murder, terrorism and	2832
the court does not impose a sentence of life imprisonment without	2833
parole, any felony of the first degree that is an offense of	2834
violence and the court does not impose a sentence of life	2835
imprisonment without parole, or any felony of the second degree	2836
that is an offense of violence and the trier of fact finds that	2837
the offense involved an attempt to cause or a threat to cause	2838
serious physical harm to a person or resulted in serious physical	2839
harm to a person.	2840

(c) For purposes of division (D)(2)(b) of this section, two	2841
or more offenses committed at the same time or as part of the same	2842
act or event shall be considered one offense, and that one offense	2843
shall be the offense with the greatest penalty.	2844

(d) A sentence imposed under division (D)(2)(a) or (b) of	2845
this section shall not be reduced pursuant to section 2929.20 or	2846
section 2967.193, or any other provision of Chapter 2967. or	2847
Chapter 5120. of the Revised Code. The offender shall serve an	2848
additional prison term imposed under this section consecutively to	2849
and prior to the prison term imposed for the underlying offense.	2850

(e) When imposing a sentence pursuant to division (D)(2)(a)	2851
or (b) of this section, the court shall state its findings	2852
explaining the imposed sentence.	2853

(3)(a) Except when an offender commits a violation of section	2854
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2855
the violation is life imprisonment or commits a violation of	2856
section 2903.02 of the Revised Code, if the offender commits a	2857
violation of section 2925.03 or 2925.11 of the Revised Code and	2858
that section classifies the offender as a major drug offender and	2859
requires the imposition of a ten-year prison term on the offender,	2860
if the offender commits a felony violation of section 2925.02,	2861
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2862
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2863
division (C) of section 4729.51, or division (J) of section	2864
4729.54 of the Revised Code that includes the sale, offer to sell,	2865
or possession of a schedule I or II controlled substance, with the	2866
exception of marihuana, and the court imposing sentence upon the	2867
offender finds that the offender is guilty of a specification of	2868
the type described in section 2941.1410 of the Revised Code	2869
charging that the offender is a major drug offender, if the court	2870
imposing sentence upon an offender for a felony finds that the	2871
offender is guilty of corrupt activity with the most serious	2872
offense in the pattern of corrupt activity being a felony of the	2873
first degree, or if the offender is guilty of an attempted	2874
violation of section 2907.02 of the Revised Code and, had the	2875
offender completed the violation of section 2907.02 of the Revised	2876
Code that was attempted, the offender would have been subject to a	2877
sentence of life imprisonment or life imprisonment without parole	2878
for the violation of section 2907.02 of the Revised Code, the	2879
court shall impose upon the offender for the felony violation a	2880
ten-year prison term that cannot be reduced pursuant to section	2881
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2882

(b) The court imposing a prison term on an offender under	2883
division (D)(3)(a) of this section may impose an additional prison	2884
term of one, two, three, four, five, six, seven, eight, nine, or	2885
ten years, if the court, with respect to the term imposed under	2886
division (D)(3)(a) of this section and, if applicable, divisions	2887
(D)(1) and (2) of this section, makes both of the findings set	2888
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2889

(4) If the offender is being sentenced for a third or fourth	2890
degree felony OVI offense under division (G)(2) of section 2929.13	2891
of the Revised Code, the sentencing court shall impose upon the	2892
offender a mandatory prison term in accordance with that division.	2893
In addition to the mandatory prison term, if the offender is being	2894
sentenced for a fourth degree felony OVI offense, the court,	2895
notwithstanding division (A)(4) of this section, may sentence the	2896
offender to a definite prison term of not less than six months and	2897
not more than thirty months, and if the offender is being	2898
sentenced for a third degree felony OVI offense, the sentencing	2899
court may sentence the offender to an additional prison term of	2900
any duration specified in division (A)(3) of this section. In	2901
either case, the additional prison term imposed shall be reduced	2902
by the sixty or one hundred twenty days imposed upon the offender	2903
as the mandatory prison term. The total of the additional prison	2904
term imposed under division (D)(4) of this section plus the sixty	2905
or one hundred twenty days imposed as the mandatory prison term	2906
shall equal a definite term in the range of six months to thirty	2907
months for a fourth degree felony OVI offense and shall equal one	2908
of the authorized prison terms specified in division (A)(3) of	2909
this section for a third degree felony OVI offense. If the court	2910
imposes an additional prison term under division (D)(4) of this	2911
section, the offender shall serve the additional prison term after	2912
the offender has served the mandatory prison term required for the	2913
offense. In addition to the mandatory prison term or mandatory and	2914
additional prison term imposed as described in division (D)(4) of	2915
this section, the court also may sentence the offender to a	2916
community control sanction under section 2929.16 or 2929.17 of the	2917
Revised Code, but the offender shall serve all of the prison terms	2918
so imposed prior to serving the community control sanction.	2919

If the offender is being sentenced for a fourth degree felony	2920
OVI offense under division (G)(1) of section 2929.13 of the	2921
Revised Code and the court imposes a mandatory term of local	2922
incarceration, the court may impose a prison term as described in	2923
division (A)(1) of that section.	2924

(5) If an offender is convicted of or pleads guilty to a	2925
violation of division (A)(1) or (2) of section 2903.06 of the	2926
Revised Code and also is convicted of or pleads guilty to a	2927
specification of the type described in section 2941.1414 of the	2928
Revised Code that charges that the victim of the offense is a	2929
peace officer, as defined in section 2935.01 of the Revised Code,	2930
or an investigator of the bureau of criminal identification and	2931
investigation, as defined in section 2903.11 of the Revised Code,	2932
the court shall impose on the offender a prison term of five	2933
years. If a court imposes a prison term on an offender under	2934
division (D)(5) of this section, the prison term shall not be	2935
reduced pursuant to section 2929.20, section 2967.193, or any	2936
other provision of Chapter 2967. or Chapter 5120. of the Revised	2937
Code. A court shall not impose more than one prison term on an	2938
offender under division (D)(5) of this section for felonies	2939
committed as part of the same act.	2940

(6) If an offender is convicted of or pleads guilty to a	2941
violation of division (A)(1) or (2) of section 2903.06 of the	2942
Revised Code and also is convicted of or pleads guilty to a	2943
specification of the type described in section 2941.1415 of the	2944
Revised Code that charges that the offender previously has been	2945
convicted of or pleaded guilty to three or more violations of	2946
division (A) or (B) of section 4511.19 of the Revised Code or an	2947
equivalent offense, as defined in section 2941.1415 of the Revised	2948
Code, or three or more violations of any combination of those	2949
divisions and offenses, the court shall impose on the offender a	2950
prison term of three years. If a court imposes a prison term on an	2951
offender under division (D)(6) of this section, the prison term	2952
shall not be reduced pursuant to section 2929.20, section	2953
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2954
of the Revised Code. A court shall not impose more than one prison	2955
term on an offender under division (D)(6) of this section for	2956
felonies committed as part of the same act.	2957

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2958
mandatory prison term is imposed upon an offender pursuant to	2959
division (D)(1)(a) of this section for having a firearm on or	2960
about the offender's person or under the offender's control while	2961
committing a felony, if a mandatory prison term is imposed upon an	2962
offender pursuant to division (D)(1)(c) of this section for	2963
committing a felony specified in that division by discharging a	2964
firearm from a motor vehicle, or if both types of mandatory prison	2965
terms are imposed, the offender shall serve any mandatory prison	2966
term imposed under either division consecutively to any other	2967
mandatory prison term imposed under either division or under	2968
division (D)(1)(d) of this section, consecutively to and prior to	2969
any prison term imposed for the underlying felony pursuant to	2970
division (A), (D)(2), or (D)(3) of this section or any other	2971
section of the Revised Code, and consecutively to any other prison	2972
term or mandatory prison term previously or subsequently imposed	2973
upon the offender.	2974

(b) If a mandatory prison term is imposed upon an offender	2975
pursuant to division (D)(1)(d) of this section for wearing or	2976
carrying body armor while committing an offense of violence that	2977
is a felony, the offender shall serve the mandatory term so	2978
imposed consecutively to any other mandatory prison term imposed	2979
under that division or under division (D)(1)(a) or (c) of this	2980
section, consecutively to and prior to any prison term imposed for	2981
the underlying felony under division (A), (D)(2), or (D)(3) of	2982
this section or any other section of the Revised Code, and	2983
consecutively to any other prison term or mandatory prison term	2984
previously or subsequently imposed upon the offender.	2985

(c) If a mandatory prison term is imposed upon an offender	2986
pursuant to division (D)(1)(f) of this section, the offender shall	2987
serve the mandatory prison term so imposed consecutively to and	2988
prior to any prison term imposed for the underlying felony under	2989
division (A), (D)(2), or (D)(3) of this section or any other	2990
section of the Revised Code, and consecutively to any other prison	2991
term or mandatory prison term previously or subsequently imposed	2992
upon the offender.	2993

(2) If an offender who is an inmate in a jail, prison, or	2994
other residential detention facility violates section 2917.02,	2995
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2996
who is under detention at a detention facility commits a felony	2997
violation of section 2923.131 of the Revised Code, or if an	2998
offender who is an inmate in a jail, prison, or other residential	2999
detention facility or is under detention at a detention facility	3000
commits another felony while the offender is an escapee in	3001
violation of section 2921.34 of the Revised Code, any prison term	3002
imposed upon the offender for one of those violations shall be	3003
served by the offender consecutively to the prison term or term of	3004
imprisonment the offender was serving when the offender committed	3005
that offense and to any other prison term previously or	3006
subsequently imposed upon the offender.	3007

(3) If a prison term is imposed for a violation of division	3008
(B) of section 2911.01 of the Revised Code, a violation of	3009
division (A) of section 2913.02 of the Revised Code in which the	3010
stolen property is a firearm or dangerous ordnance, or a felony	3011
violation of division (B) of section 2921.331 of the Revised Code,	3012
the offender shall serve that prison term consecutively to any	3013
other prison term or mandatory prison term previously or	3014
subsequently imposed upon the offender.	3015

(4) If multiple prison terms are imposed on an offender for	3016
convictions of multiple offenses, the court may require the	3017
offender to serve the prison terms consecutively if the court	3018
finds that the consecutive service is necessary to protect the	3019
public from future crime or to punish the offender and that	3020
consecutive sentences are not disproportionate to the seriousness	3021
of the offender's conduct and to the danger the offender poses to	3022
the public, and if the court also finds any of the following:	3023

(a) The offender committed one or more of the multiple	3024
offenses while the offender was awaiting trial or sentencing, was	3025
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3026
2929.18 of the Revised Code, or was under post-release control for	3027
a prior offense.	3028

(b) At least two of the multiple offenses were committed as	3029
part of one or more courses of conduct, and the harm caused by two	3030
or more of the multiple offenses so committed was so great or	3031
unusual that no single prison term for any of the offenses	3032
committed as part of any of the courses of conduct adequately	3033
reflects the seriousness of the offender's conduct.	3034

(c) The offender's history of criminal conduct demonstrates	3035
that consecutive sentences are necessary to protect the public	3036
from future crime by the offender.	3037

(5) If a mandatory prison term is imposed upon an offender	3038
pursuant to division (D)(5) or (6) of this section, the offender	3039
shall serve the mandatory prison term consecutively to and prior	3040
to any prison term imposed for the underlying violation of	3041
division (A)(1) or (2) of section 2903.06 of the Revised Code	3042
pursuant to division (A) of this section or section 2929.142 of	3043
the Revised Code. If a mandatory prison term is imposed upon an	3044
offender pursuant to division (D)(5) of this section, and if a	3045
mandatory prison term also is imposed upon the offender pursuant	3046
to division (D)(6) of this section in relation to the same	3047
violation, the offender shall serve the mandatory prison term	3048
imposed pursuant to division (D)(5) of this section consecutively	3049
to and prior to the mandatory prison term imposed pursuant to	3050
division (D)(6) of this section and consecutively to and prior to	3051
any prison term imposed for the underlying violation of division	3052
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	3053
division (A) of this section or section 2929.142 of the Revised	3054
Code.	3055

(6) When consecutive prison terms are imposed pursuant to	3056
division (E)(1), (2), (3), (4), or (5) of this section, the term	3057
to be served is the aggregate of all of the terms so imposed.	3058

(F)(1) If a court imposes a prison term for a felony of the	3059
first degree, for a felony of the second degree, for a felony sex	3060
offense, or for a felony of the third degree that is not a felony	3061
sex offense and in the commission of which the offender caused or	3062
threatened to cause physical harm to a person, it shall include in	3063
the sentence a requirement that the offender be subject to a	3064
period of post-release control after the offender's release from	3065
imprisonment, in accordance with that division. If a court imposes	3066
a sentence including a prison term of a type described in this	3067
division on or after July 11, 2006, the failure of a court to	3068
include a post-release control requirement in the sentence	3069
pursuant to this division does not negate, limit, or otherwise	3070
affect the mandatory period of post-release control that is	3071
required for the offender under division (B) of section 2967.28 of	3072
the Revised Code. Section 2929.191 of the Revised Code applies if,	3073
prior to July 11, 2006, a court imposed a sentence including a	3074
prison term of a type described in this division and failed to	3075
include in the sentence pursuant to this division a statement	3076
regarding post-release control.	3077

(2) If a court imposes a prison term for a felony of the	3078
third, fourth, or fifth degree that is not subject to division	3079
(F)(1) of this section, it shall include in the sentence a	3080
requirement that the offender be subject to a period of	3081
post-release control after the offender's release from	3082
imprisonment, in accordance with that division, if the parole	3083
board determines that a period of post-release control is	3084
necessary. Section 2929.191 of the Revised Code applies if, prior	3085
to July 11, 2006, a court imposed a sentence including a prison	3086
term of a type described in this division and failed to include in	3087
the sentence pursuant to this division a statement regarding	3088
post-release control.	3089

(G) The court shall impose sentence upon the offender in	3090
accordance with section 2971.03 of the Revised Code, and Chapter	3091
2971. of the Revised Code applies regarding the prison term or	3092
term of life imprisonment without parole imposed upon the offender	3093
and the service of that term of imprisonment if any of the	3094
following apply:	3095

(1) A person is convicted of or pleads guilty to a violent	3096
sex offense or a designated homicide, assault, or kidnapping	3097
offense, and, in relation to that offense, the offender is	3098
adjudicated a sexually violent predator.	3099

(2) A person is convicted of or pleads guilty to a violation	3100
of division (A)(1)(b) of section 2907.02 of the Revised Code	3101
committed on or after January 2, 2007, and either the court does	3102
not impose a sentence of life without parole when authorized	3103
pursuant to division (B) of section 2907.02 of the Revised Code,	3104
or division (B) of section 2907.02 of the Revised Code provides	3105
that the court shall not sentence the offender pursuant to	3106
section 2971.03 of the Revised Code.	3107

(3) A person is convicted of or pleads guilty to attempted	3108
rape committed on or after January 2, 2007, and a specification	3109
of the type described in section 2941.1418, 2941.1419, or	3110
2941.1420 of the Revised Code.	3111

(4) A person is convicted of or pleads guilty to a violation	3112
of section 2905.01 of the Revised Code committed on or after ~~the~~	3113
~~effective date of this amendment~~January 1, 2008, and that section	3114
requires the court to sentence the offender pursuant to section	3115
2971.03 of the Revised Code.	3116

(5) A person is convicted of or pleads guilty to aggravated	3117
murder committed on or after ~~the effective date of this amendment~~	3118
January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022,	3119
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),	3120
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A)	3121
or (B) of section 2929.06 of the Revised Code requires the court	3122
to sentence the offender pursuant to division (B)(3) of section	3123
2971.03 of the Revised Code.	3124

(6) A person is convicted of or pleads guilty to murder	3125
committed on or after ~~the effective date of this amendment~~January	3126
1, 2008, and division (B)(2) of section 2929.02 of the Revised	3127
Code requires the court to sentence the offender pursuant to	3128
section 2971.03 of the Revised Code.	3129

(H) If a person who has been convicted of or pleaded guilty	3130
to a felony is sentenced to a prison term or term of imprisonment	3131
under this section, sections 2929.02 to 2929.06 of the Revised	3132
Code, section 2929.142 of the Revised Code, section 2971.03 of the	3133
Revised Code, or any other provision of law, section 5120.163 of	3134
the Revised Code applies regarding the person while the person is	3135
confined in a state correctional institution.	3136

(I) If an offender who is convicted of or pleads guilty to a	3137
felony that is an offense of violence also is convicted of or	3138
pleads guilty to a specification of the type described in section	3139
2941.142 of the Revised Code that charges the offender with having	3140
committed the felony while participating in a criminal gang, the	3141
court shall impose upon the offender an additional prison term of	3142
one, two, or three years.	3143

(J) If an offender who is convicted of or pleads guilty to	3144
aggravated murder, murder, or a felony of the first, second, or	3145
third degree that is an offense of violence also is convicted of	3146
or pleads guilty to a specification of the type described in	3147
section 2941.143 of the Revised Code that charges the offender	3148
with having committed the offense in a school safety zone or	3149
towards a person in a school safety zone, the court shall impose	3150
upon the offender an additional prison term of two years. The	3151
offender shall serve the additional two years consecutively to and	3152
prior to the prison term imposed for the underlying offense.	3153

(K) At the time of sentencing, the court may recommend the	3154
offender for placement in a program of shock incarceration under	3155
section 5120.031 of the Revised Code or for placement in an	3156
intensive program prison under section 5120.032 of the Revised	3157
Code, disapprove placement of the offender in a program of shock	3158
incarceration or an intensive program prison of that nature, or	3159
make no recommendation on placement of the offender. In no case	3160
shall the department of rehabilitation and correction place the	3161
offender in a program or prison of that nature unless the	3162
department determines as specified in section 5120.031 or 5120.032	3163
of the Revised Code, whichever is applicable, that the offender is	3164
eligible for the placement.	3165

If the court disapproves placement of the offender in a	3166
program or prison of that nature, the department of rehabilitation	3167
and correction shall not place the offender in any program of	3168
shock incarceration or intensive program prison.	3169

If the court recommends placement of the offender in a	3170
program of shock incarceration or in an intensive program prison,	3171
and if the offender is subsequently placed in the recommended	3172
program or prison, the department shall notify the court of the	3173
placement and shall include with the notice a brief description of	3174
the placement.	3175

If the court recommends placement of the offender in a	3176
program of shock incarceration or in an intensive program prison	3177
and the department does not subsequently place the offender in the	3178
recommended program or prison, the department shall send a notice	3179
to the court indicating why the offender was not placed in the	3180
recommended program or prison.	3181

If the court does not make a recommendation under this	3182
division with respect to an offender and if the department	3183
determines as specified in section 5120.031 or 5120.032 of the	3184
Revised Code, whichever is applicable, that the offender is	3185
eligible for placement in a program or prison of that nature, the	3186
department shall screen the offender and determine if there is an	3187
available program of shock incarceration or an intensive program	3188
prison for which the offender is suited. If there is an available	3189
program of shock incarceration or an intensive program prison for	3190
which the offender is suited, the department shall notify the	3191
court of the proposed placement of the offender as specified in	3192
section 5120.031 or 5120.032 of the Revised Code and shall include	3193
with the notice a brief description of the placement. The court	3194
shall have ten days from receipt of the notice to disapprove the	3195
placement.	3196

(L) If a person is convicted of or pleads guilty to	3197
aggravated vehicular homicide in violation of division (A)(1) of	3198
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3199
section applies, the person shall be sentenced pursuant to section	3200
2929.142 of the Revised Code.	3201

Section 2. That existing sections 2307.60, 2901.05, 2923.12,	3202
2923.121, 2923.122, 2923.125, 2923.126, 2923.128, 2923.129,	3203
2923.1210, 2923.1212, 2923.1213, 2923.16, and 2929.14 of the	3204
Revised Code are hereby repealed.	3205