As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 158


Representative Domenick 

Cosponsors: Representatives Adams, J., Dodd, Fende, Letson, Murray, Okey 

A BILL
To amend section 2923.125 of the Revised Code to 1
require a sheriff to waive the license fee for a 2
license to carry a concealed handgun for an 3
instructor of a firearms course, class, or 4
program.5


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

       Section 1. That section 2923.125 of the Revised Code be 6
amended to read as follows:7

       Sec. 2923.125.  (A) Upon the request of a person who wishes8
to obtain a license to carry a concealed handgun or to renew a9
license to carry a concealed handgun, a sheriff, as provided in 10
division (I) of this section, shall provide to the person free of 11
charge an application form and a copy of the pamphlet described in 12
division (B) of section 109.731 of the Revised Code. A sheriff 13
shall accept a completed application form and the fee, items, 14
materials, and information specified in divisions (B)(1) to (5) of 15
this section at the times and in the manners described in division 16
(I) of this section.17

        (B) An applicant for a license to carry a concealed handgun18
shall submit a completed application form and all of the following19
to the sheriff of the county in which the applicant resides or to20
the sheriff of any county adjacent to the county in which the21
applicant resides:22

       (1) A nonrefundable license fee prescribed by the Ohio peace23
officer training commission pursuant to division (C) of section24
109.731 of the Revised Code, except that the sheriff shall waive25
the payment of the license fee in connection with an initial or26
renewal application for a license that is submitted by an27
applicant who is an instructor of a firearms course, class, or 28
program that meets the requirements of division (B)(3)(a), (b), 29
(c), or (e) of this section or who is a retired peace officer, a30
retired person described in division (B)(1)(b) of section 109.7731
of the Revised Code, or a retired federal law enforcement officer32
who, prior to retirement, was authorized under federal law to33
carry a firearm in the course of duty, unless the retired peace 34
officer, person, or federal law enforcement officer retired as 35
the result of a mental disability; 36

       (2) A color photograph of the applicant that was taken within37
thirty days prior to the date of the application;38

       (3) One or more of the following competency certifications, 39
each of which shall reflect that, regarding a certification 40
described in division (B)(3)(a), (b), (c), (e), or (f) of this 41
section, within the three years immediately preceding the 42
application the applicant has performed that to which the 43
competency certification relates and that, regarding a 44
certification described in division (B)(3)(d) of this section, the 45
applicant currently is an active or reserve member of the armed 46
forces of the United States or within the six years immediately 47
preceding the application the honorable discharge or retirement to 48
which the competency certification relates occurred:49

        (a) An original or photocopy of a certificate of completion50
of a firearms safety, training, or requalification or firearms51
safety instructor course, class, or program that was offered by or52
under the auspices of the national rifle association and that53
complies with the requirements set forth in division (G) of this54
section;55

       (b) An original or photocopy of a certificate of completion56
of a firearms safety, training, or requalification or firearms57
safety instructor course, class, or program that satisfies all of 58
the following criteria:59

       (i) It was open to members of the general public.60

       (ii) It utilized qualified instructors who were certified by 61
the national rifle association, the executive director of the Ohio 62
peace officer training commission pursuant to section 109.75 or 63
109.78 of the Revised Code, or a governmental official or entity 64
of another state.65

       (iii) It was offered by or under the auspices of a law66
enforcement agency of this or another state or the United States,67
a public or private college, university, or other similar68
postsecondary educational institution located in this or another69
state, a firearms training school located in this or another70
state, or another type of public or private entity or organization71
located in this or another state.72

       (iv) It complies with the requirements set forth in division 73
(G) of this section.74

        (c) An original or photocopy of a certificate of completion75
of a state, county, municipal, or department of natural resources76
peace officer training school that is approved by the executive77
director of the Ohio peace officer training commission pursuant to78
section 109.75 of the Revised Code and that complies with the79
requirements set forth in division (G) of this section, or the80
applicant has satisfactorily completed and been issued a81
certificate of completion of a basic firearms training program, a82
firearms requalification training program, or another basic83
training program described in section 109.78 or 109.801 of the84
Revised Code that complies with the requirements set forth in85
division (G) of this section;86

        (d) A document that evidences both of the following:87

        (i) That the applicant is an active or reserve member of the 88
armed forces of the United States, was honorably discharged from 89
military service in the active or reserve armed forces of the90
United States, is a retired trooper of the state highway patrol, 91
or is a retired peace officer or federal law enforcement officer 92
described in division (B)(1) of this section or a retired person 93
described in division (B)(1)(b) of section 109.77 of the Revised 94
Code and division (B)(1) of this section;95

        (ii) That, through participation in the military service or 96
through the former employment described in division (B)(3)(d)(i) 97
of this section, the applicant acquired experience with handling 98
handguns or other firearms, and the experience so acquired was 99
equivalent to training that the applicant could have acquired in a 100
course, class, or program described in division (B)(3)(a), (b), or 101
(c) of this section.102

        (e) A certificate or another similar document that evidences103
satisfactory completion of a firearms training, safety, or104
requalification or firearms safety instructor course, class, or105
program that is not otherwise described in division (B)(3)(a),106
(b), (c), or (d) of this section, that was conducted by an107
instructor who was certified by an official or entity of the108
government of this or another state or the United States or by the109
national rifle association, and that complies with the110
requirements set forth in division (G) of this section;111

        (f) An affidavit that attests to the applicant's satisfactory 112
completion of a course, class, or program described in division 113
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed 114
by the applicant's instructor or an authorized representative of 115
the entity that offered the course, class, or program or under 116
whose auspices the course, class, or program was offered.117

       (4) A certification by the applicant that the applicant has 118
read the pamphlet prepared by the Ohio peace officer training 119
commission pursuant to section 109.731 of the Revised Code that 120
reviews firearms, dispute resolution, and use of deadly force 121
matters.122

       (5) A set of fingerprints of the applicant provided as 123
described in section 311.41 of the Revised Code through use of an 124
electronic fingerprint reading device or, if the sheriff to whom 125
the application is submitted does not possess and does not have 126
ready access to the use of such a reading device, on a standard 127
impression sheet prescribed pursuant to division (C)(2) of section 128
109.572 of the Revised Code.129

        (C) Upon receipt of an applicant's completed application130
form, supporting documentation, and, if not waived, license fee, a131
sheriff, in the manner specified in section 311.41 of the Revised 132
Code, shall conduct or cause to be conducted the criminal records 133
check and the incompetency records check described in section 134
311.41 of the Revised Code.135

       (D)(1) Except as provided in division (D)(3) or (4) of this136
section, within forty-five days after a sheriff's receipt of an137
applicant's completed application form for a license to carry a138
concealed handgun, the supporting documentation, and, if not139
waived, the license fee, the sheriff shall make available through 140
the law enforcement automated data system in accordance with 141
division (H) of this section the information described in that 142
division and, upon making the information available through the 143
system, shall issue to the applicant a license to carry a144
concealed handgun that shall expire as described in division 145
(D)(2)(a) of this section if all of the following apply:146

       (a) The applicant is legally living in the United States, has 147
been a resident of this state for at least forty-five days, and 148
has been a resident of the county in which the person seeks the 149
license or a county adjacent to the county in which the person 150
seeks the license for at least thirty days. For purposes of 151
division (D)(1)(a) of this section:152

       (i) If a person is absent from the United States, from this 153
state, or from a particular county in this state in compliance 154
with military or naval orders as an active or reserve member of 155
the armed forces of the United States and if prior to leaving this 156
state in compliance with those orders the person was legally 157
living in the United States and was a resident of this state, the 158
person, solely by reason of that absence, shall not be considered 159
to have lost the person's status as living in the United States or 160
the person's residence in this state or in the county in which the 161
person was a resident prior to leaving this state in compliance 162
with those orders, without regard to whether or not the person 163
intends to return to this state or to that county, shall not be 164
considered to have acquired a residence in any other state, and 165
shall not be considered to have become a resident of any other 166
state.167

       (ii) If a person is present in this state in compliance with 168
military or naval orders as an active or reserve member of the 169
armed forces of the United States for at least forty-five days, 170
the person shall be considered to have been a resident of this 171
state for that period of at least forty-five days, and, if a 172
person is present in a county of this state in compliance with 173
military or naval orders as an active or reserve member of the 174
armed forces of the United States for at least thirty days, the 175
person shall be considered to have been a resident of that county 176
for that period of at least thirty days.177

        (b) The applicant is at least twenty-one years of age.178

        (c) The applicant is not a fugitive from justice.179

       (d) The applicant is not under indictment for or otherwise180
charged with a felony; an offense under Chapter 2925., 3719., or181
4729. of the Revised Code that involves the illegal possession,182
use, sale, administration, or distribution of or trafficking in a183
drug of abuse; a misdemeanor offense of violence; or a violation184
of section 2903.14 or 2923.1211 of the Revised Code.185

       (e) Except as otherwise provided in division (D)(5) of this 186
section, the applicant has not been convicted of or pleaded 187
guilty to a felony or an offense under Chapter 2925., 3719., or 188
4729. of the Revised Code that involves the illegal possession, 189
use, sale, administration, or distribution of or trafficking in a 190
drug of abuse; has not been adjudicated a delinquent child for 191
committing an act that if committed by an adult would be a felony 192
or would be an offense under Chapter 2925., 3719., or 4729. of 193
the Revised Code that involves the illegal possession, use, sale, 194
administration, or distribution of or trafficking in a drug of 195
abuse; and has not been convicted of, pleaded guilty to, or 196
adjudicated a delinquent child for committing a violation of 197
section 2903.13 of the Revised Code when the victim of the 198
violation is a peace officer, regardless of whether the applicant 199
was sentenced under division (C)(3) of that section.200

       (f) Except as otherwise provided in division (D)(5) of this 201
section, the applicant, within three years of the date of the202
application, has not been convicted of or pleaded guilty to a 203
misdemeanor offense of violence other than a misdemeanor violation 204
of section 2921.33 of the Revised Code or a violation of section 205
2903.13 of the Revised Code when the victim of the violation is a 206
peace officer, or a misdemeanor violation of section 2923.1211 of 207
the Revised Code; and has not been adjudicated a delinquent child 208
for committing an act that if committed by an adult would be a 209
misdemeanor offense of violence other than a misdemeanor violation 210
of section 2921.33 of the Revised Code or a violation of section 211
2903.13 of the Revised Code when the victim of the violation is a 212
peace officer or for committing an act that if committed by an 213
adult would be a misdemeanor violation of section 2923.1211 of the 214
Revised Code.215

       (g) Except as otherwise provided in division (D)(1)(e) of216
this section, the applicant, within five years of the date of the217
application, has not been convicted of, pleaded guilty to, or 218
adjudicated a delinquent child for committing two or more219
violations of section 2903.13 or 2903.14 of the Revised Code.220

       (h) Except as otherwise provided in division (D)(5) of this 221
section, the applicant, within ten years of the date of the222
application, has not been convicted of, pleaded guilty to, or223
adjudicated a delinquent child for committing a violation of 224
section 2921.33 of the Revised Code.225

       (i) The applicant has not been adjudicated as a mental 226
defective, has not been committed to any mental institution, is 227
not under adjudication of mental incompetence, has not been found 228
by a court to be a mentally ill person subject to hospitalization 229
by court order, and is not an involuntary patient other than one 230
who is a patient only for purposes of observation. As used in this 231
division, "mentally ill person subject to hospitalization by court 232
order" and "patient" have the same meanings as in section 5122.01 233
of the Revised Code.234

       (j) The applicant is not currently subject to a civil 235
protection order, a temporary protection order, or a protection 236
order issued by a court of another state.237

       (k) The applicant certifies that the applicant desires a238
legal means to carry a concealed handgun for defense of the239
applicant or a member of the applicant's family while engaged in240
lawful activity.241

       (l) The applicant submits a competency certification of the242
type described in division (B)(3) of this section and submits a 243
certification of the type described in division (B)(4) of this 244
section regarding the applicant's reading of the pamphlet prepared 245
by the Ohio peace officer training commission pursuant to section 246
109.731 of the Revised Code.247

       (m) The applicant currently is not subject to a suspension 248
imposed under division (A)(2) of section 2923.128 of the Revised 249
Code of a license to carry a concealed handgun, or a temporary 250
emergency license to carry a concealed handgun, that previously 251
was issued to the applicant under this section or section 252
2923.1213 of the Revised Code.253

       (2)(a) A license to carry a concealed handgun that a sheriff 254
issues under division (D)(1) of this section on or after March 14, 255
2007, shall expire five years after the date of issuance. A 256
license to carry a concealed handgun that a sheriff issued under 257
division (D)(1) of this section prior to March 14, 2007, shall 258
expire four years after the date of issuance.259

       If a sheriff issues a license under this section, the sheriff 260
shall place on the license a unique combination of letters and 261
numbers identifying the license in accordance with the procedure 262
prescribed by the Ohio peace officer training commission pursuant 263
to section 109.731 of the Revised Code.264

       (b) If a sheriff denies an application under this section265
because the applicant does not satisfy the criteria described in266
division (D)(1) of this section, the sheriff shall specify the267
grounds for the denial in a written notice to the applicant. The 268
applicant may appeal the denial pursuant to section 119.12 of the 269
Revised Code in the county served by the sheriff who denied the 270
application. If the denial was as a result of the criminal records 271
check conducted pursuant to section 311.41 of the Revised Code and 272
if, pursuant to section 2923.127 of the Revised Code, the 273
applicant challenges the criminal records check results using the 274
appropriate challenge and review procedure specified in that 275
section, the time for filing the appeal pursuant to section 119.12 276
of the Revised Code and this division is tolled during the 277
pendency of the request or the challenge and review. If the court 278
in an appeal under section 119.12 of the Revised Code and this 279
division enters a judgment sustaining the sheriff's refusal to 280
grant to the applicant a license to carry a concealed handgun, the 281
applicant may file a new application beginning one year after the 282
judgment is entered. If the court enters a judgment in favor of 283
the applicant, that judgment shall not restrict the authority of a 284
sheriff to suspend or revoke the license pursuant to section 285
2923.128 or 2923.1213 of the Revised Code or to refuse to renew 286
the license for any proper cause that may occur after the date the 287
judgment is entered. In the appeal, the court shall have full 288
power to dispose of all costs.289

       (3) If the sheriff with whom an application for a license to290
carry a concealed handgun was filed under this section becomes 291
aware that the applicant has been arrested for or otherwise 292
charged with an offense that would disqualify the applicant from 293
holding the license, the sheriff shall suspend the processing of 294
the application until the disposition of the case arising from the295
arrest or charge.296

       (4) If the sheriff determines that the applicant is legally 297
living in the United States and is a resident of the county in 298
which the applicant seeks the license or of an adjacent county but 299
does not yet meet the residency requirements described in division 300
(D)(1)(a) of this section, the sheriff shall not deny the license 301
because of the residency requirements but shall not issue the 302
license until the applicant meets those residency requirements.303

       (5) If an applicant has been convicted of or pleaded guilty 304
to an offense identified in division (D)(1)(e), (f), or (h) of 305
this section or has been adjudicated a delinquent child for 306
committing an act or violation identified in any of those 307
divisions, and if a court has ordered the sealing or expungement 308
of the records of that conviction, guilty plea, or adjudication 309
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to 310
2953.36 of the Revised Code or a court has granted the applicant 311
relief pursuant to section 2923.14 of the Revised Code from the 312
disability imposed pursuant to section 2923.13 of the Revised Code 313
relative to that conviction, guilty plea, or adjudication, the 314
sheriff with whom the application was submitted shall not consider 315
the conviction, guilty plea, or adjudication in making a 316
determination under division (D)(1) or (F) of this section or, in 317
relation to an application for a temporary emergency license to 318
carry a concealed handgun submitted under section 2923.1213 of the 319
Revised Code, in making a determination under division (B)(2) of 320
that section.321

       (E) If a license to carry a concealed handgun issued under322
this section is lost or is destroyed, the licensee may obtain from323
the sheriff who issued that license a duplicate license upon the324
payment of a fee of fifteen dollars and the submission of an325
affidavit attesting to the loss or destruction of the license. The 326
sheriff, in accordance with the procedures prescribed in section 327
109.731 of the Revised Code, shall place on the replacement 328
license a combination of identifying numbers different from the 329
combination on the license that is being replaced.330

       (F)(1) A licensee who wishes to renew a license to carry a331
concealed handgun issued under this section shall do so not 332
earlier than ninety days before the expiration date of the license 333
or at any time after the expiration date of the license by 334
filing with the sheriff of the county in which the applicant 335
resides or with the sheriff of an adjacent county an application 336
for renewal of the license obtained pursuant to division (D) of 337
this section, a certification by the applicant that, subsequent 338
to the issuance of the license, the applicant has reread the 339
pamphlet prepared by the Ohio peace officer training commission 340
pursuant to section 109.731 of the Revised Code that reviews 341
firearms, dispute resolution, and use of deadly force matters, a 342
nonrefundable license renewal fee unless the fee is waived, and 343
one of the following:344

        (a) If the licensee previously has not renewed a license to 345
carry a concealed handgun issued under this section, proof that 346
the licensee at one time had a competency certification of the 347
type described in division (B)(3) of this section. A valid 348
license or any other previously issued license that has not been 349
revoked is prima-facie evidence that the licensee at one time 350
had a competency certification of the type described in division 351
(B)(3) of this section.352

       (b) If the licensee previously has renewed a license to carry 353
a concealed handgun issued under this section, a renewed 354
competency certification of the type described in division (G)(4) 355
of this section.356

       (2) A sheriff shall accept a completed renewal application, 357
the license renewal fee, and information specified in division 358
(F)(1) of this section at the times and in the manners described 359
in division (I) of this section. Upon receipt of a completed 360
renewal application, of certification that the applicant has 361
reread the specified pamphlet prepared by the Ohio peace 362
officer training commission, of proof of a prior competency 363
certification for an initial renewal or of a renewed competency 364
certification for a second or subsequent renewal, and of a 365
license renewal fee unless the fee is waived, a sheriff, in the 366
manner specified in section 311.41 of the Revised Code shall 367
conduct or cause to be conducted the criminal records check and 368
the incompetency records check described in section 311.41 of 369
the Revised Code. The sheriff shall renew the license if the 370
sheriff determines that the applicant continues to satisfy the371
requirements described in division (D)(1) of this section, except 372
that the applicant is not required to meet the requirements of 373
division (D)(1)(l) of this section. A renewed license that is 374
renewed on or after March 14, 2007, shall expire five years 375
after the date of issuance, and a renewed license that is 376
renewed prior to March 14, 2007, shall expire four years after 377
the date of issuance. A renewed license is subject to division378
(E) of this section and sections 2923.126 and 2923.128 of the379
Revised Code. A sheriff shall comply with divisions (D)(2) to 380
(4) of this section when the circumstances described in those381
divisions apply to a requested license renewal. If a sheriff 382
denies the renewal of a license to carry a concealed handgun, 383
the applicant may appeal the denial, or challenge the criminal 384
record check results that were the basis of the denial if 385
applicable, in the same manner as specified in division 386
(D)(2)(b) of this section and in section 2923.127 of the Revised 387
Code, regarding the denial of a license under this section.388

       (G)(1) Each course, class, or program described in division389
(B)(3)(a), (b), (c), or (e) of this section shall provide to each 390
person who takes the course, class, or program a copy of the 391
pamphlet prepared by the Ohio peace officer training commission 392
pursuant to section 109.731 of the Revised Code that reviews 393
firearms, dispute resolution, and use of deadly force matters. 394
Each such course, class, or program described in one of those 395
divisions shall include at least twelve hours of training in the 396
safe handling and use of a firearm that shall include all of the 397
following:398

        (a) At least ten hours of training on the following matters:399

       (i) The ability to name, explain, and demonstrate the rules400
for safe handling of a handgun and proper storage practices for 401
handguns and ammunition;402

        (ii) The ability to demonstrate and explain how to handle403
ammunition in a safe manner;404

       (iii) The ability to demonstrate the knowledge, skills, and405
attitude necessary to shoot a handgun in a safe manner;406

       (iv) Gun handling training.407

       (b) At least two hours of training that consists of range 408
time and live-fire training.409

        (2) To satisfactorily complete the course, class, or program410
described in division (B)(3)(a), (b), (c), or (e) of this section,411
the applicant shall pass a competency examination that shall412
include both of the following:413

       (a) A written section on the ability to name and explain the414
rules for the safe handling of a handgun and proper storage415
practices for handguns and ammunition;416

       (b) A physical demonstration of competence in the use of a417
handgun and in the rules for safe handling and storage of a418
handgun and a physical demonstration of the attitude necessary to419
shoot a handgun in a safe manner.420

        (3) The competency certification described in division421
(B)(3)(a), (b), (c), or (e) of this section shall be dated and 422
shall attest that the course, class, or program the applicant 423
successfully completed met the requirements described in division 424
(G)(1) of this section and that the applicant passed the 425
competency examination described in division (G)(2) of this 426
section.427

       (4) A person who previously has received a competency 428
certification as described in division (B)(3) of this section, or 429
who previously has received a renewed competency certification as 430
described in this division, may obtain a renewed competency 431
certification pursuant to this division. If the person previously 432
has received a competency certification or previously has 433
received a renewed competency certification, the person may 434
obtain a renewed competency certification from an entity that 435
offers a course, class, or program described in division 436
(B)(3)(a), (b), (c), or (e) of this section by passing a test 437
that demonstrates that the person is range competent. In these 438
circumstances, the person is not required to attend the course, 439
class, or program or to take the competency examination described 440
in division (G)(2) of this section for the renewed competency 441
certification in order to be eligible to receive a renewed 442
competency certification. A renewed competency certification 443
issued under this division shall be dated and shall attest that 444
the person has demonstrated range competency.445

       (H) Upon deciding to issue a license, deciding to issue a 446
replacement license, or deciding to renew a license to carry a 447
concealed handgun pursuant to this section, and before actually 448
issuing or renewing the license, the sheriff shall make available 449
through the law enforcement automated data system all information 450
contained on the license. If the license subsequently is suspended 451
under division (A)(1) or (2) of section 2923.128 of the Revised 452
Code, revoked pursuant to division (B)(1) of section 2923.128 of 453
the Revised Code, or lost or destroyed, the sheriff also shall 454
make available through the law enforcement automated data system a 455
notation of that fact. The superintendent of the state highway 456
patrol shall ensure that the law enforcement automated data system 457
is so configured as to permit the transmission through the system 458
of the information specified in this division.459

       (I) A sheriff shall accept a completed application form or 460
renewal application, and the fee, items, materials, and 461
information specified in divisions (B)(1) to (5) or division (F) 462
of this section, whichever is applicable, and shall provide an 463
application form or renewal application and a copy of the pamphlet 464
described in division (B) of section 109.731 of the Revised Code 465
to any person during at least fifteen hours a week. The sheriff 466
shall post notice of the hours during which the sheriff is 467
available to accept or provide the information described in this 468
division.469

       Section 2. That existing section 2923.125 of the Revised Code 470
is hereby repealed.471