As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 256

Representative Adams, J. 

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A BILL

To amend sections 1547.69, 2923.11, 2923.12,

1

2923.122, 2923.123, 2923.124, 2923.125, 2923.126,

2

2923.128, 2923.1212, 2923.1213, and 2923.16 of the

3

Revised Code to authorize a person to carry a

4

concealed handgun without obtaining a license to

5

the same extent as if the person had obtained such

6

a license, except on liquor permit premises, if

7

the person qualifies for a concealed carry license

8

and is legally permitted to purchase a handgun; to

9

remove the requirements that a concealed carry

10

licensee must be carrying the license in order to

11

carry a concealed handgun, must inform approaching

12

law enforcement officers that the person has a

13

license and is carrying the handgun when the

14

person is carrying a concealed handgun, and must

15

submit a new or renewed competency certification

16

when renewing the license; to eliminate as

17

premises in which a concealed carry licensee may

18

not carry a concealed handgun public or private

19

institutions of higher education, places of

20

worship, day-care centers and homes, and

21

government buildings other than schools,

22

courthouses, law enforcement offices, and

23

correctional facilities; to replace the

24

prohibitions that apply only to a concealed carry

25

licensee who is carrying a handgun in a motor

26

vehicle with a prohibition against a licensee who

27

is in a motor vehicle that is stopped by a law

28

enforcement officer knowingly menacing or

29

threatening an officer with a loaded handgun or

30

knowingly pointing a loaded handgun at an officer;

31

to remove the "in plain sight or secure

32

encasement" criterion that a concealed carry

33

licensee must satisfy to legally possess a handgun

34

in a motor vehicle; and to require a sheriff who

35

issues a renewed concealed carry license to return

36

the expired license to the licensee or destroy it.

37

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

Section 1. That sections 1547.69, 2923.11, 2923.12, 2923.122,	38
2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.1212,	39
2923.1213, and 2923.16 of the Revised Code be amended to read as	40
follows:	41

Sec. 1547.69.  (A) As used in this section:

42

(1) "Firearm," and "handgun," and "qualifies for a license"	43
have the same meanings as in section 2923.11 of the Revised Code.	44

(2) "Unloaded" has the same meaning as in section 2923.16 of	45
the Revised Code.	46

(B) No person shall knowingly discharge a firearm while in or	47
on a vessel.	48

(C) No person shall knowingly transport or have a loaded	49
firearm in a vessel in a manner that the firearm is accessible to	50
the operator or any passenger.	51

(D) No person shall knowingly transport or have a firearm in	52
a vessel unless it is unloaded and is carried in one of the	53
following ways:	54

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

55

(2) In plain sight with the action opened or the weapon	56
stripped, or, if the firearm is of a type on which the action will	57
not stay open or that cannot easily be stripped, in plain sight.	58

(E)(1) The affirmative defenses authorized in divisions	59
(D)(C)(1) and (2) of section 2923.12 of the Revised Code are	60
affirmative defenses to a charge under division (C) or (D) of this	61
section that involves a firearm other than a handgun. It is an	62
affirmative defense to a charge under division (C) or (D) of this	63
section of transporting or having a firearm of any type, including	64
a handgun, in a vessel that the actor transported or had the	65
firearm in the vessel for any lawful purpose and while the vessel	66
was on the actor's own property, provided that this affirmative	67
defense is not available unless the actor, prior to arriving at	68
the vessel on the actor's own property, did not transport or	69
possess the firearm in the vessel or in a motor vehicle in a	70
manner prohibited by this section or division (B) or (C) of	71
section 2923.16 of the Revised Code while the vessel was being	72
operated on a waterway that was not on the actor's own property or	73
while the motor vehicle was being operated on a street, highway,	74
or other public or private property used by the public for	75
vehicular traffic.	76

(2) No person who is charged with a violation of division (C)	77
or (D) of this section shall be required to obtain a license or	78
temporary emergency license to carry a concealed handgun under	79
section 2923.125 or 2923.1213 of the Revised Code as a condition	80
for the dismissal of the charge.	81

(F) Divisions (B), (C), and (D) of this section do not apply	82
to the possession or discharge of a United States coast guard	83
approved signaling device required to be carried aboard a vessel	84
under section 1547.251 of the Revised Code when the signaling	85
device is possessed or used for the purpose of giving a visual	86
distress signal. No person shall knowingly transport or possess	87
any signaling device of that nature in or on a vessel in a loaded	88
condition at any time other than immediately prior to the	89
discharge of the signaling device for the purpose of giving a	90
visual distress signal.	91

(G) No person shall operate or permit to be operated any	92
vessel on the waters in this state in violation of this section.	93

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

94

(a) An officer, agent, or employee of this or any other state	95
or of the United States, or to a law enforcement officer, when	96
authorized to carry or have loaded or accessible firearms in a	97
vessel and acting within the scope of the officer's, agent's, or	98
employee's duties;	99

(b) Any person who is employed in this state, who is	100
authorized to carry or have loaded or accessible firearms in a	101
vessel, and who is subject to and in compliance with the	102
requirements of section 109.801 of the Revised Code, unless the	103
appointing authority of the person has expressly specified that	104
the exemption provided in division (H)(1)(b) of this section does	105
not apply to the person;	106

(c) Any person legally engaged in hunting.

107

(2) Divisions (C) and (D) of this section do not apply to a	108
person who transports or possesses a handgun in a vessel and who,	109
at the time of that transportation or possession, is carrying	110
qualifies for a license or has a valid license or temporary	111
emergency license to carry a concealed handgun issued to the	112
person under section 2923.125 or 2923.1213 of the Revised Code or	113
a license to carry a concealed handgun that was issued by another	114
state with which the attorney general has entered into a	115
reciprocity agreement under section 109.69 of the Revised Code,	116
unless the person knowingly is in a place on the vessel described	117
in division (B) of section 2923.126 of the Revised Code.	118

(I) If a law enforcement officer stops a vessel for a	119
violation of this section or any other law enforcement purpose, if	120
any person on the vessel surrenders a firearm to the officer,	121
either voluntarily or pursuant to a request or demand of the	122
officer, and if the officer does not charge the person with a	123
violation of this section or arrest the person for any offense,	124
the person is not otherwise prohibited by law from possessing the	125
firearm, and the firearm is not contraband, the officer shall	126
return the firearm to the person at the termination of the stop.	127

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	128
Revised Code:	129

(A) "Deadly weapon" means any instrument, device, or thing	130
capable of inflicting death, and designed or specially adapted for	131
use as a weapon, or possessed, carried, or used as a weapon.	132

(B)(1) "Firearm" means any deadly weapon capable of expelling	133
or propelling one or more projectiles by the action of an	134
explosive or combustible propellant. "Firearm" includes an	135
unloaded firearm, and any firearm that is inoperable but that can	136
readily be rendered operable.	137

(2) When determining whether a firearm is capable of	138
expelling or propelling one or more projectiles by the action of	139
an explosive or combustible propellant, the trier of fact may rely	140
upon circumstantial evidence, including, but not limited to, the	141
representations and actions of the individual exercising control	142
over the firearm.	143

(C) "Handgun" means any of the following:

144

(1) Any firearm that has a short stock and is designed to be	145
held and fired by the use of a single hand;	146

(2) Any combination of parts from which a firearm of a type	147
described in division (C)(1) of this section can be assembled.	148

(D) "Semi-automatic firearm" means any firearm designed or	149
specially adapted to fire a single cartridge and automatically	150
chamber a succeeding cartridge ready to fire, with a single	151
function of the trigger.	152

(E) "Automatic firearm" means any firearm designed or	153
specially adapted to fire a succession of cartridges with a single	154
function of the trigger. "Automatic firearm" also means any	155
semi-automatic firearm designed or specially adapted to fire more	156
than thirty-one cartridges without reloading, other than a firearm	157
chambering only .22 caliber short, long, or long-rifle cartridges.	158

(F) "Sawed-off firearm" means a shotgun with a barrel less	159
than eighteen inches long, or a rifle with a barrel less than	160
sixteen inches long, or a shotgun or rifle less than twenty-six	161
inches long overall.	162

(G) "Zip-gun" means any of the following:

163

(1) Any firearm of crude and extemporized manufacture;

164

(2) Any device, including without limitation a starter's	165
pistol, that is not designed as a firearm, but that is specially	166
adapted for use as a firearm;	167

(3) Any industrial tool, signalling device, or safety device,	168
that is not designed as a firearm, but that as designed is capable	169
of use as such, when possessed, carried, or used as a firearm.	170

(H) "Explosive device" means any device designed or specially	171
adapted to cause physical harm to persons or property by means of	172
an explosion, and consisting of an explosive substance or agency	173
and a means to detonate it. "Explosive device" includes without	174
limitation any bomb, any explosive demolition device, any blasting	175
cap or detonator containing an explosive charge, and any pressure	176
vessel that has been knowingly tampered with or arranged so as to	177
explode.	178

(I) "Incendiary device" means any firebomb, and any device	179
designed or specially adapted to cause physical harm to persons or	180
property by means of fire, and consisting of an incendiary	181
substance or agency and a means to ignite it.	182

(J) "Ballistic knife" means a knife with a detachable blade	183
that is propelled by a spring-operated mechanism.	184

(K) "Dangerous ordnance" means any of the following, except	185
as provided in division (L) of this section:	186

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	187
knife;	188

(2) Any explosive device or incendiary device;

189

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	190
cyclonite, TNT, picric acid, and other high explosives; amatol,	191
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	192
explosive compositions; plastic explosives; dynamite, blasting	193
gelatin, gelatin dynamite, sensitized ammonium nitrate,	194
liquid-oxygen blasting explosives, blasting powder, and other	195
blasting agents; and any other explosive substance having	196
sufficient brisance or power to be particularly suitable for use	197
as a military explosive, or for use in mining, quarrying,	198
excavating, or demolitions;	199

(4) Any firearm, rocket launcher, mortar, artillery piece,	200
grenade, mine, bomb, torpedo, or similar weapon, designed and	201
manufactured for military purposes, and the ammunition for that	202
weapon;	203

(5) Any firearm muffler or silencer;

204

(6) Any combination of parts that is intended by the owner	205
for use in converting any firearm or other device into a dangerous	206
ordnance.	207

(L) "Dangerous ordnance" does not include any of the	208
following:	209

(1) Any firearm, including a military weapon and the	210
ammunition for that weapon, and regardless of its actual age, that	211
employs a percussion cap or other obsolete ignition system, or	212
that is designed and safe for use only with black powder;	213

(2) Any pistol, rifle, or shotgun, designed or suitable for	214
sporting purposes, including a military weapon as issued or as	215
modified, and the ammunition for that weapon, unless the firearm	216
is an automatic or sawed-off firearm;	217

(3) Any cannon or other artillery piece that, regardless of	218
its actual age, is of a type in accepted use prior to 1887, has no	219
mechanical, hydraulic, pneumatic, or other system for absorbing	220
recoil and returning the tube into battery without displacing the	221
carriage, and is designed and safe for use only with black powder;	222

(4) Black powder, priming quills, and percussion caps	223
possessed and lawfully used to fire a cannon of a type defined in	224
division (L)(3) of this section during displays, celebrations,	225
organized matches or shoots, and target practice, and smokeless	226
and black powder, primers, and percussion caps possessed and	227
lawfully used as a propellant or ignition device in small-arms or	228
small-arms ammunition;	229

(5) Dangerous ordnance that is inoperable or inert and cannot	230
readily be rendered operable or activated, and that is kept as a	231
trophy, souvenir, curio, or museum piece.	232

(6) Any device that is expressly excepted from the definition	233
of a destructive device pursuant to the "Gun Control Act of 1968,"	234
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	235
issued under that act.	236

(M) "Explosive" means any chemical compound, mixture, or	237
device, the primary or common purpose of which is to function by	238
explosion. "Explosive" includes all materials that have been	239
classified as division 1.1, division 1.2, division 1.3, or	240
division 1.4 explosives by the United States department of	241
transportation in its regulations and includes, but is not limited	242
to, dynamite, black powder, pellet powders, initiating explosives,	243
blasting caps, electric blasting caps, safety fuses, fuse	244
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	245
igniter cords and igniters. "Explosive" does not include	246
"fireworks," as defined in section 3743.01 of the Revised Code, or	247
any substance or material otherwise meeting the definition of	248
explosive set forth in this section that is manufactured, sold,	249
possessed, transported, stored, or used in any activity described	250
in section 3743.80 of the Revised Code, provided the activity is	251
conducted in accordance with all applicable laws, rules, and	252
regulations, including, but not limited to, the provisions of	253
section 3743.80 of the Revised Code and the rules of the fire	254
marshal adopted pursuant to section 3737.82 of the Revised Code.	255

(N) "Qualifies for a license" means not having a license	256
issued under section 2923.125 of the Revised Code or a temporary	257
emergency license issued under section 2923.1213 of the Revised	258
Code but being legally permitted to purchase a firearm under the	259
laws of this state and the United States and meeting all the	260
requirements for a license to carry a concealed handgun under	261
division (D)(1)(a) to (m) of section 2923.125 of the Revised Code.	262
A person meets the requirement for a license that is specified in	263
division (D)(1)(l) of section 2923.125 of the Revised Code if the	264
person has a competency certification of any type described in	265
division (B)(3) of that section, regardless of when the	266
certification was issued, and the person has read the pamphlet	267
described in division (B)(4) of that section, regardless of	268
whether the person has submitted to another person certifications	269
of the types described in divisions (B)(3) and (4) of that	270
section. For purposes of this division, a period of time specified	271
in division (D)(1) of that section that is measured from the date	272
of application shall be measured from the current date.	273

Sec. 2923.12.  (A) No person shall knowingly carry or have,	274
concealed on the person's person or concealed ready at hand, any	275
of the following:	276

(1) A deadly weapon other than a handgun;

277

(2) A handgun other than a dangerous ordnance;

278

(3) A dangerous ordnance.

279

(B) No person who has been issued a license or temporary	280
emergency license to carry a concealed handgun under section	281
2923.125 or 2923.1213 of the Revised Code or a license to carry a	282
concealed handgun that was issued by another state with which the	283
attorney general has entered into a reciprocity agreement under	284
section 109.69 of the Revised Code shall do any of the following:	285

(1) If the person is stopped for a law enforcement purpose	286
and is carrying a concealed handgun, fail to promptly inform any	287
law enforcement officer who approaches the person after the person	288
has been stopped that the person has been issued a license or	289
temporary emergency license to carry a concealed handgun and that	290
the person then is carrying a concealed handgun;	291

(2) If the person is stopped for a law enforcement purpose	292
and if the person is carrying a concealed handgun, knowingly fail	293
to keep the person's hands in plain sight at any time after any	294
law enforcement officer begins approaching the person while	295
stopped and before the law enforcement officer leaves, unless the	296
failure is pursuant to and in accordance with directions given by	297
a law enforcement officer;	298

(3) If the person is stopped for a law enforcement purpose,	299
if the person is carrying a concealed handgun, and if the person	300
is approached by any law enforcement officer while stopped,	301
knowingly remove or attempt to remove the loaded handgun from the	302
holster, pocket, or other place in which the person is carrying	303
it, knowingly grasp or hold the loaded handgun, or knowingly have	304
contact with the loaded handgun by touching it with the person's	305
hands or fingers at any time after the law enforcement officer	306
begins approaching and before the law enforcement officer leaves,	307
unless the person removes, attempts to remove, grasps, holds, or	308
has contact with the loaded handgun pursuant to and in accordance	309
with directions given by the law enforcement officer;	310

(4) If the person is stopped for a law enforcement purpose	311
and if the person is carrying a concealed handgun, knowingly	312
disregard or fail to comply with any lawful order of any law	313
enforcement officer given while the person is stopped, including,	314
but not limited to, a specific order to the person to keep the	315
person's hands in plain sight.	316

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

317

(a) An officer, agent, or employee of this or any other state	318
or the United States, or to a law enforcement officer, who is	319
authorized to carry concealed weapons or dangerous ordnance or is	320
authorized to carry handguns and is acting within the scope of the	321
officer's, agent's, or employee's duties;	322

(b) Any person who is employed in this state, who is	323
authorized to carry concealed weapons or dangerous ordnance or is	324
authorized to carry handguns, and who is subject to and in	325
compliance with the requirements of section 109.801 of the Revised	326
Code, unless the appointing authority of the person has expressly	327
specified that the exemption provided in division (C)(B)(1)(b) of	328
this section does not apply to the person;	329

(c) A person's transportation or storage of a firearm, other	330
than a firearm described in divisions (G) to (M) of section	331
2923.11 of the Revised Code, in a motor vehicle for any lawful	332
purpose if the firearm is not on the actor's person;	333

(d) A person's storage or possession of a firearm, other than	334
a firearm described in divisions (G) to (M) of section 2923.11 of	335
the Revised Code, in the actor's own home for any lawful purpose.	336

(2) Division (A)(2) of this section does not apply to any	337
person who, at the time of the alleged carrying or possession of a	338
handgun, is carryingqualifies for a license or has a valid	339
license or temporary emergency license to carry a concealed	340
handgun issued to the person under section 2923.125 or 2923.1213	341
of the Revised Code or a license to carry a concealed handgun	342
that was issued by another state with which the attorney general	343
has entered into a reciprocity agreement under section 109.69 of	344
the Revised Code, unless the person knowingly is in a place	345
described in division (B) of section 2923.126 of the Revised Code.	346

(D)(C) It is an affirmative defense to a charge under	347
division (A)(1) of this section of carrying or having control of a	348
weapon other than a handgun and other than a dangerous ordnance	349
that the actor was not otherwise prohibited by law from having the	350
weapon and that any of the following applies:	351

(1) The weapon was carried or kept ready at hand by the actor	352
for defensive purposes while the actor was engaged in or was going	353
to or from the actor's lawful business or occupation, which	354
business or occupation was of a character or was necessarily	355
carried on in a manner or at a time or place as to render the	356
actor particularly susceptible to criminal attack, such as would	357
justify a prudent person in going armed.	358

(2) The weapon was carried or kept ready at hand by the	359
actor for defensive purposes while the actor was engaged in a	360
lawful activity and had reasonable cause to fear a criminal attack	361
upon the actor, a member of the actor's family, or the actor's	362
home, such as would justify a prudent person in going armed.	363

(3) The weapon was carried or kept ready at hand by the actor	364
for any lawful purpose and while in the actor's own home.	365

(E)(D) No person who is charged with a violation of this	366
section shall be required to obtain a competency certification or	367
a license or temporary emergency license to carry a concealed	368
handgun under section 2923.125 or 2923.1213 of the Revised Code as	369
a condition for the dismissal of the charge.	370

(F)(E)(1) Whoever violates this section is guilty of carrying	371
concealed weapons. Except as otherwise provided in this division	372
or division (F)(2) of this section, carrying concealed weapons in	373
violation of division (A) of this section is a misdemeanor of the	374
first degree. Except as otherwise provided in this division or	375
division (F)(2) of this section, if the offender previously has	376
been convicted of a violation of this section or of any offense of	377
violence, if the weapon involved is a firearm that is either	378
loaded or for which the offender has ammunition ready at hand, or	379
if the weapon involved is dangerous ordnance, carrying concealed	380
weapons in violation of division (A) of this section is a felony	381
of the fourth degree. Except as otherwise provided in division	382
(F)(2) of this section, ifIf the offense is committed aboard an	383
aircraft, or with purpose to carry a concealed weapon aboard an	384
aircraft, regardless of the weapon involved, carrying concealed	385
weapons in violation of division (A) of this section is a felony	386
of the third degree.	387

(2) If a person being arrested for a violation of division	388
(A)(2) of this section promptly produces a competency	389
certification, in the case of a person who qualifies for a	390
license, or a valid license or temporary emergency license to	391
carry a concealed handgun issued under section 2923.125 or	392
2923.1213 of the Revised Code or a license to carry a concealed	393
handgun that was issued by another state with which the attorney	394
general has entered into a reciprocity agreement under section	395
109.69 of the Revised Code, and if at the time of the violation	396
the person was not knowingly in a place described in division (B)	397
of section 2923.126 of the Revised Code, the officer shall not	398
arrest the person for a violation of that division. If the person	399
is not able to promptly produce any of those types of license and	400
if the person is not in a place described in that section, the	401
officer may arrest the person for a violation of that division,	402
and the offender shall be punished as follows:	403

(a) The offender shall be guilty of a minor misdemeanor if	404
both of the following apply:	405

(i) Within ten days after the arrest, the offender presents a	406
license or temporary emergency license to carry a concealed	407
handgun issued under section 2923.125 or 2923.1213 of the Revised	408
Code or a license to carry a concealed handgun that was issued by	409
another state with which the attorney general has entered into a	410
reciprocity agreement under section 109.69 of the Revised Code,	411
which license was valid at the time of the arrest to the law	412
enforcement agency that employs the arresting officer.	413

(ii) At the time of the arrest, the offender was not	414
knowingly in a place described in division (B) of section 2923.126	415
of the Revised Code.	416

(b) The offender shall be guilty of a misdemeanor and shall	417
be fined five hundred dollars if all of the following apply:	418

(i) The offender previously had been issued a license to	419
carry a concealed handgun under section 2923.125 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 and	423
that was similar in nature to a license issued under section	424
2923.125 of the Revised Code, and that license expired within the	425
two years immediately preceding the arrest.	426

(ii) Within forty-five days after the arrest, the offender	427
presents any type of license identified in division (F)(2)(a)(i)	428
of this section to the law enforcement agency that employed the	429
arresting officer, and the offender waives in writing the	430
offender's right to a speedy trial on the charge of the violation	431
that is provided in section 2945.71 of the Revised Code.	432

(iii) At the time of the commission of the offense, the	433
offender was not knowingly in a place described in division (B) of	434
section 2923.126 of the Revised Code.	435

(c) If neither division (F)(2)(a) nor (b) of this section	436
applies, the offender shall be punished under division (F)(1) of	437
this section.	438

(3) Except as otherwise provided in this division, carrying	439
concealed weapons in violation of division (B)(1) of this section	440
is a misdemeanor of the first degree, and, in addition to any	441
other penalty or sanction imposed for a violation of division	442
(B)(1) of this section, the offender's license or temporary	443
emergency license to carry a concealed handgun shall be suspended	444
pursuant to division (A)(2) of section 2923.128 of the Revised	445
Code. If, at the time of the stop of the offender for a law	446
enforcement purpose that was the basis of the violation, any law	447
enforcement officer involved with the stop had actual knowledge	448
that the offender has been issued a license or temporary emergency	449
license to carry a concealed handgun, carrying concealed weapons	450
in violation of division (B)(1) of this section is a minor	451
misdemeanor, and the offender's license or temporary emergency	452
license to carry a concealed handgun shall not be suspended	453
pursuant to division (A)(2) of section 2923.128 of the Revised	454
Code.	455

(4) Carrying concealed weapons in violation of division	456
(B)(2) or (4) of this section is a misdemeanor of the first degree	457
or, if the offender previously has been convicted of or pleaded	458
guilty to a violation of division (B)(2) or (4) of this section, a	459
felony of the fifth degree. In addition to any other penalty or	460
sanction imposed for a misdemeanor violation of division (B)(2) or	461
(4) of this section, the offender's license or temporary emergency	462
license to carry a concealed handgun shall be suspended pursuant	463
to division (A)(2) of section 2923.128 of the Revised Code.	464

(5) Carrying concealed weapons in violation of division	465
(B)(3) of this section is a felony of the fifth degree.	466

(G)(F) If a law enforcement officer stops a person to	467
question the person regarding a possible violation of this	468
section, for a traffic stop, or for any other law enforcement	469
purpose, if the person surrenders a firearm to the officer, either	470
voluntarily or pursuant to a request or demand of the officer, and	471
if the officer does not charge the person with a violation of this	472
section or arrest the person for any offense, the person is not	473
otherwise prohibited by law from possessing the firearm, and the	474
firearm is not contraband, the officer shall return the firearm to	475
the person at the termination of the stop. If a court orders a law	476
enforcement officer to return a firearm to a person pursuant to	477
the requirement set forth in this division, division (B) of	478
section 2923.163 of the Revised Code applies.	479

Sec. 2923.122.  (A) No person shall knowingly convey, or	480
attempt to convey, a deadly weapon or dangerous ordnance into a	481
school safety zone.	482

(B) No person shall knowingly possess a deadly weapon or	483
dangerous ordnance in a school safety zone.	484

(C) No person shall knowingly possess an object in a school	485
safety zone if both of the following apply:	486

(1) The object is indistinguishable from a firearm, whether	487
or not the object is capable of being fired.	488

(2) The person indicates that the person possesses the object	489
and that it is a firearm, or the person knowingly displays or	490
brandishes the object and indicates that it is a firearm.	491

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

492

(a) An officer, agent, or employee of this or any other state	493
or the United States, or a law enforcement officer, who is	494
authorized to carry deadly weapons or dangerous ordnance and is	495
acting within the scope of the officer's, agent's, or employee's	496
duties, a security officer employed by a board of education or	497
governing body of a school during the time that the security	498
officer is on duty pursuant to that contract of employment, or any	499
other person who has written authorization from the board of	500
education or governing body of a school to convey deadly weapons	501
or dangerous ordnance into a school safety zone or to possess a	502
deadly weapon or dangerous ordnance in a school safety zone and	503
who conveys or possesses the deadly weapon or dangerous ordnance	504
in accordance with that authorization;	505

(b) Any person who is employed in this state, who is	506
authorized to carry deadly weapons or dangerous ordnance, and who	507
is subject to and in compliance with the requirements of section	508
109.801 of the Revised Code, unless the appointing authority of	509
the person has expressly specified that the exemption provided in	510
division (D)(1)(b) of this section does not apply to the person.	511

(2) Division (C) of this section does not apply to premises	512
upon which home schooling is conducted. Division (C) of this	513
section also does not apply to a school administrator, teacher, or	514
employee who possesses an object that is indistinguishable from a	515
firearm for legitimate school purposes during the course of	516
employment, a student who uses an object that is indistinguishable	517
from a firearm under the direction of a school administrator,	518
teacher, or employee, or any other person who with the express	519
prior approval of a school administrator possesses an object that	520
is indistinguishable from a firearm for a legitimate purpose,	521
including the use of the object in a ceremonial activity, a play,	522
reenactment, or other dramatic presentation, or a ROTC activity or	523
another similar use of the object.	524

(3) This section does not apply to a person who conveys or	525
attempts to convey a handgun into, or possesses a handgun in, a	526
school safety zone if, at the time of that conveyance, attempted	527
conveyance, or possession of the handgun, all of the following	528
apply:	529

(a) The person does not enter into a school building or onto	530
school premises and is not at a school activity.	531

(b) The person is carryingqualifies for a license or has a	532
valid license or temporary emergency license to carry a concealed	533
handgun issued to the person under section 2923.125 or 2923.1213	534
of the Revised Code or a license to carry a concealed handgun	535
that was issued by another state with which the attorney general	536
has entered into a reciprocity agreement under section 109.69 of	537
the Revised Code.	538

(c) The person is in the school safety zone in accordance	539
with 18 U.S.C. 922(q)(2)(B).	540

(d) The person is not knowingly in a place described in	541
division (B)(1) or (B)(3) to (10)(6) of section 2923.126 of the	542
Revised Code.	543

(4) This section does not apply to a person who conveys or	544
attempts to convey a handgun into, or possesses a handgun in, a	545
school safety zone if at the time of that conveyance, attempted	546
conveyance, or possession of the handgun all of the following	547
apply:	548

(a) The person is carryingqualifies for a license or has a	549
valid license or temporary emergency license to carry a concealed	550
handgun issued to the person under section 2923.125 or 2923.1213	551
of the Revised Code or a license to carry a concealed handgun that	552
was issued by another state with which the attorney general has	553
entered into a reciprocity agreement under section 109.69 of the	554
Revised Code.	555

(b) The person is the driver or passenger in a motor vehicle	556
and is in the school safety zone while immediately in the process	557
of picking up or dropping off a child.	558

(c) The person is not in violation of section 2923.16 of the	559
Revised Code.	560

(E)(1) Whoever violates division (A) or (B) of this section	561
is guilty of illegal conveyance or possession of a deadly weapon	562
or dangerous ordnance in a school safety zone. Except as otherwise	563
provided in this division, illegal conveyance or possession of a	564
deadly weapon or dangerous ordnance in a school safety zone is a	565
felony of the fifth degree. If the offender previously has been	566
convicted of a violation of this section, illegal conveyance or	567
possession of a deadly weapon or dangerous ordnance in a school	568
safety zone is a felony of the fourth degree.	569

(2) Whoever violates division (C) of this section is guilty	570
of illegal possession of an object indistinguishable from a	571
firearm in a school safety zone. Except as otherwise provided in	572
this division, illegal possession of an object indistinguishable	573
from a firearm in a school safety zone is a misdemeanor of the	574
first degree. If the offender previously has been convicted of a	575
violation of this section, illegal possession of an object	576
indistinguishable from a firearm in a school safety zone is a	577
felony of the fifth degree.	578

(F)(1) In addition to any other penalty imposed upon a person	579
who is convicted of or pleads guilty to a violation of this	580
section and subject to division (F)(2) of this section, if the	581
offender has not attained nineteen years of age, regardless of	582
whether the offender is attending or is enrolled in a school	583
operated by a board of education or for which the state board of	584
education prescribes minimum standards under section 3301.07 of	585
the Revised Code, the court shall impose upon the offender a class	586
four suspension of the offender's probationary driver's license,	587
restricted license, driver's license, commercial driver's license,	588
temporary instruction permit, or probationary commercial driver's	589
license that then is in effect from the range specified in	590
division (A)(4) of section 4510.02 of the Revised Code and shall	591
deny the offender the issuance of any permit or license of that	592
type during the period of the suspension.	593

If the offender is not a resident of this state, the court	594
shall impose a class four suspension of the nonresident operating	595
privilege of the offender from the range specified in division	596
(A)(4) of section 4510.02 of the Revised Code.	597

(2) If the offender shows good cause why the court should not	598
suspend one of the types of licenses, permits, or privileges	599
specified in division (F)(1) of this section or deny the issuance	600
of one of the temporary instruction permits specified in that	601
division, the court in its discretion may choose not to impose the	602
suspension, revocation, or denial required in that division.	603

(G) As used in this section, "object that is	604
indistinguishable from a firearm" means an object made,	605
constructed, or altered so that, to a reasonable person without	606
specialized training in firearms, the object appears to be a	607
firearm.	608

Sec. 2923.123.  (A) No person shall knowingly convey or	609
attempt to convey a deadly weapon or dangerous ordnance into a	610
courthouse or into another building or structure in which a	611
courtroom is located.	612

(B) No person shall knowingly possess or have under the	613
person's control a deadly weapon or dangerous ordnance in a	614
courthouse or in another building or structure in which a	615
courtroom is located.	616

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

617

(1) Except as provided in division (E) of this section, a	618
judge of a court of record of this state or a magistrate;	619

(2) A peace officer, officer of a law enforcement agency, or	620
person who is in either of the following categories:	621

(a) Except as provided in division (E) of this section, a	622
peace officer, or an officer of a law enforcement agency of	623
another state, a political subdivision of another state, or the	624
United States, who is authorized to carry a deadly weapon or	625
dangerous ordnance, who possesses or has under that individual's	626
control a deadly weapon or dangerous ordnance as a requirement of	627
that individual's duties, and who is acting within the scope of	628
that individual's duties at the time of that possession or	629
control;	630

(b) Except as provided in division (E) of this section, a	631
person who is employed in this state, who is authorized to carry a	632
deadly weapon or dangerous ordnance, who possesses or has under	633
that individual's control a deadly weapon or dangerous ordnance as	634
a requirement of that person's duties, and who is subject to and	635
in compliance with the requirements of section 109.801 of the	636
Revised Code, unless the appointing authority of the person has	637
expressly specified that the exemption provided in division	638
(C)(2)(b) of this section does not apply to the person.	639

(3) A person who conveys, attempts to convey, possesses, or	640
has under the person's control a deadly weapon or dangerous	641
ordnance that is to be used as evidence in a pending criminal or	642
civil action or proceeding;	643

(4) Except as provided in division (E) of this section, a	644
bailiff or deputy bailiff of a court of record of this state who	645
is authorized to carry a firearm pursuant to section 109.77 of the	646
Revised Code, who possesses or has under that individual's control	647
a firearm as a requirement of that individual's duties, and who is	648
acting within the scope of that individual's duties at the time of	649
that possession or control;	650

(5) Except as provided in division (E) of this section, a	651
prosecutor, or a secret service officer appointed by a county	652
prosecuting attorney, who is authorized to carry a deadly weapon	653
or dangerous ordnance in the performance of the individual's	654
duties, who possesses or has under that individual's control a	655
deadly weapon or dangerous ordnance as a requirement of that	656
individual's duties, and who is acting within the scope of that	657
individual's duties at the time of that possession or control;	658

(6) Except as provided in division (E) of this section, a	659
person who conveys or attempts to convey a handgun into a	660
courthouse or into another building or structure in which a	661
courtroom is located, who, at the time of the conveyance or	662
attempt, is carryingqualifies for a license or has a valid	663
license or temporary emergency license to carry a concealed	664
handgun issued to the person under section 2923.125 or 2923.1213	665
of the Revised Code or a license to carry a concealed handgun that	666
was issued by another state with which the attorney general has	667
entered into a reciprocity agreement under section 109.69 of the	668
Revised Code, and who transfers possession of the handgun to the	669
officer or officer's designee who has charge of the courthouse or	670
building. The officer shall secure the handgun until the licensee	671
or person who qualifies for a license is prepared to leave the	672
premises. The exemption described in this division applies only if	673
the officer who has charge of the courthouse or building provides	674
services of the nature described in this division. An officer who	675
has charge of the courthouse or building is not required to offer	676
services of the nature described in this division.	677

(D)(1) Whoever violates division (A) of this section is	678
guilty of illegal conveyance of a deadly weapon or dangerous	679
ordnance into a courthouse. Except as otherwise provided in this	680
division, illegal conveyance of a deadly weapon or dangerous	681
ordnance into a courthouse is a felony of the fifth degree. If the	682
offender previously has been convicted of a violation of division	683
(A) or (B) of this section, illegal conveyance of a deadly weapon	684
or dangerous ordnance into a courthouse is a felony of the fourth	685
degree.	686

(2) Whoever violates division (B) of this section is guilty	687
of illegal possession or control of a deadly weapon or dangerous	688
ordnance in a courthouse. Except as otherwise provided in this	689
division, illegal possession or control of a deadly weapon or	690
dangerous ordnance in a courthouse is a felony of the fifth	691
degree. If the offender previously has been convicted of a	692
violation of division (A) or (B) of this section, illegal	693
possession or control of a deadly weapon or dangerous ordnance in	694
a courthouse is a felony of the fourth degree.	695

(E) The exemptions described in divisions (C)(1), (2)(a),	696
(2)(b), (4), (5), and (6) of this section do not apply to any	697
judge, magistrate, peace officer, officer of a law enforcement	698
agency, bailiff, deputy bailiff, prosecutor, secret service	699
officer, or other person described in any of those divisions if a	700
rule of superintendence or another type of rule adopted by the	701
supreme court pursuant to Article IV, Ohio Constitution, or an	702
applicable local rule of court prohibits all persons from	703
conveying or attempting to convey a deadly weapon or dangerous	704
ordnance into a courthouse or into another building or structure	705
in which a courtroom is located or from possessing or having under	706
one's control a deadly weapon or dangerous ordnance in a	707
courthouse or in another building or structure in which a	708
courtroom is located.	709

(F) As used in this section:

710

(1) "Magistrate" means an individual who is appointed by a	711
court of record of this state and who has the powers and may	712
perform the functions specified in Civil Rule 53, Criminal Rule	713
19, or Juvenile Rule 40.	714

(2) "Peace officer" and "prosecutor" have the same meanings	715
as in section 2935.01 of the Revised Code.	716

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	717
the Revised Code:	718

(A) "Application form" means the application form prescribed	719
pursuant to division (A)(1) of section 109.731 of the Revised Code	720
and includes a copy of that form.	721

(B) "Competency certification" and "competency certificate"	722
mean a document of the type described in division (B)(3) of	723
section 2923.125 of the Revised Code.	724

(C) "Detention facility" has the same meaning as in section	725
2921.01 of the Revised Code.	726

(D) "Licensee" means a person to whom a license to carry a	727
concealed handgun has been issued under section 2923.125 of the	728
Revised Code and, except when the context clearly indicates	729
otherwise, includes a person to whom a temporary emergency license	730
to carry a concealed handgun has been issued under section	731
2923.1213 of the Revised Code.	732

(E) "License fee" or "license renewal fee" means the fee for	733
a license to carry a concealed handgun or the fee to renew that	734
license that is prescribed pursuant to division (C) of section	735
109.731 of the Revised Code and that is to be paid by an applicant	736
for a license of that type.	737

(F) "Peace officer" has the same meaning as in section	738
2935.01 of the Revised Code.	739

(G) "State correctional institution" has the same meaning as	740
in section 2967.01 of the Revised Code.	741

(H) "Valid license" means a license or temporary emergency	742
license to carry a concealed handgun that has been issued under	743
section 2923.125 or 2923.1213 of the Revised Code, that is	744
currently valid, that is not under a suspension under division	745
(A)(1) of section 2923.128 or under section 2923.1213 of the	746
Revised Code, and that has not been revoked under division (B)(1)	747
of section 2923.128 or under section 2923.1213 of the Revised	748
Code.	749

(I) "Civil protection order" means a protection order issued,	750
or consent agreement approved, under section 2903.214 or 3113.31	751
of the Revised Code.	752

(J) "Temporary protection order" means a protection order	753
issued under section 2903.213 or 2919.26 of the Revised Code.	754

(K) "Protection order issued by a court of another state" has	755
the same meaning as in section 2919.27 of the Revised Code.	756

(L) "Child day-care center," "type A family day-care home"	757
and "type B family day-care home" have the same meanings as in	758
section 5104.01 of the Revised Code.	759

(M) "Type C family day-care home" means a family day-care	760
home authorized to provide child care by Sub. H.B. 62 of the 121st	761
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	762
general assembly and Sub. H.B. 407 of the 123rd general assembly.	763

(N) "Foreign air transportation," "interstate air	764
transportation," and "intrastate air transportation" have the same	765
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	766

(O) "Commercial motor vehicle" has the same meaning as in	767
division (A) of section 4506.25 of the Revised Code.	768

(P) "Motor carrier enforcement unit" has the same meaning as	769
in section 2923.16 of the Revised Code.	770

Sec. 2923.125.  (A) Upon the request of a person who wishes	771
to obtain a license to carry a concealed handgun or to renew a	772
license to carry a concealed handgun, a sheriff, as provided in	773
division (I) of this section, shall provide to the person free of	774
charge an application form and the web site address at which the	775
pamphlet described in division (B) of section 109.731 of the	776
Revised Code may be found. A sheriff shall accept a completed	777
application form and the fee, items, materials, and information	778
specified in divisions (B)(1) to (5) of this section at the times	779
and in the manners described in division (I) of this section.	780

(B) An applicant for a license to carry a concealed handgun	781
shall submit a completed application form and all of the following	782
to the sheriff of the county in which the applicant resides or to	783
the sheriff of any county adjacent to the county in which the	784
applicant resides:	785

(1)(a) A nonrefundable license fee as described in either of	786
the following:	787

(i) For an applicant who has been a resident of this state	788
for five or more years, a fee of sixty-seven dollars;	789

(ii) For an applicant who has been a resident of this state	790
for less than five years, a fee of sixty-seven dollars plus the	791
actual cost of having a background check performed by the federal	792
bureau of investigation.	793

(b) No sheriff shall require an applicant to pay for the cost	794
of a background check performed by the bureau of criminal	795
identification and investigation.	796

(c) A sheriff shall waive the payment of the license fee	797
described in division (B)(1)(a) of this section in connection with	798
an initial or renewal application for a license that is submitted	799
by an applicant who is a retired peace officer, a retired person	800
described in division (B)(1)(b) of section 109.77 of the Revised	801
Code, or a retired federal law enforcement officer who, prior to	802
retirement, was authorized under federal law to carry a firearm in	803
the course of duty, unless the retired peace officer, person, or	804
federal law enforcement officer retired as the result of a mental	805
disability.	806

(d) The sheriff shall deposit all fees paid by an applicant	807
under division (B)(1)(a) of this section into the sheriff's	808
concealed handgun license issuance fund established pursuant to	809
section 311.42 of the Revised Code. The county shall distribute	810
the fees in accordance with section 311.42 of the Revised Code.	811

(2) A color photograph of the applicant that was taken within	812
thirty days prior to the date of the application;	813

(3) One or more of the following competency certifications,	814
each of which shall reflect that, regarding a certification	815
described in division (B)(3)(a), (b), (c), (e), or (f) of this	816
section, within the three years immediately preceding the	817
application the applicant has performed that to which the	818
competency certification relates and that, regarding a	819
certification described in division (B)(3)(d) of this section, the	820
applicant currently is an active or reserve member of the armed	821
forces of the United States or within the six years immediately	822
preceding the application the honorable discharge or retirement to	823
which the competency certification relates occurred:	824

(a) An original or photocopy of a certificate of completion	825
of a firearms safety, training, or requalification or firearms	826
safety instructor course, class, or program that was offered by or	827
under the auspices of the national rifle association and that	828
complies with the requirements set forth in division (G) of this	829
section;	830

(b) An original or photocopy of a certificate of completion	831
of a firearms safety, training, or requalification or firearms	832
safety instructor course, class, or program that satisfies all of	833
the following criteria:	834

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

835

(ii) It utilized qualified instructors who were certified by	836
the national rifle association, the executive director of the Ohio	837
peace officer training commission pursuant to section 109.75 or	838
109.78 of the Revised Code, or a governmental official or entity	839
of another state.	840

(iii) It was offered by or under the auspices of a law	841
enforcement agency of this or another state or the United States,	842
a public or private college, university, or other similar	843
postsecondary educational institution located in this or another	844
state, a firearms training school located in this or another	845
state, or another type of public or private entity or organization	846
located in this or another state.	847

(iv) It complies with the requirements set forth in division	848
(G) of this section.	849

(c) An original or photocopy of a certificate of completion	850
of a state, county, municipal, or department of natural resources	851
peace officer training school that is approved by the executive	852
director of the Ohio peace officer training commission pursuant to	853
section 109.75 of the Revised Code and that complies with the	854
requirements set forth in division (G) of this section, or the	855
applicant has satisfactorily completed and been issued a	856
certificate of completion of a basic firearms training program, a	857
firearms requalification training program, or another basic	858
training program described in section 109.78 or 109.801 of the	859
Revised Code that complies with the requirements set forth in	860
division (G) of this section;	861

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

862

(i) That the applicant is an active or reserve member of the	863
armed forces of the United States, was honorably discharged from	864
military service in the active or reserve armed forces of the	865
United States, is a retired trooper of the state highway patrol,	866
or is a retired peace officer or federal law enforcement officer	867
described in division (B)(1) of this section or a retired person	868
described in division (B)(1)(b) of section 109.77 of the Revised	869
Code and division (B)(1) of this section;	870

(ii) That, through participation in the military service or	871
through the former employment described in division (B)(3)(d)(i)	872
of this section, the applicant acquired experience with handling	873
handguns or other firearms, and the experience so acquired was	874
equivalent to training that the applicant could have acquired in a	875
course, class, or program described in division (B)(3)(a), (b), or	876
(c) of this section.	877

(e) A certificate or another similar document that evidences	878
satisfactory completion of a firearms training, safety, or	879
requalification or firearms safety instructor course, class, or	880
program that is not otherwise described in division (B)(3)(a),	881
(b), (c), or (d) of this section, that was conducted by an	882
instructor who was certified by an official or entity of the	883
government of this or another state or the United States or by the	884
national rifle association, and that complies with the	885
requirements set forth in division (G) of this section;	886

(f) An affidavit that attests to the applicant's satisfactory	887
completion of a course, class, or program described in division	888
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	889
by the applicant's instructor or an authorized representative of	890
the entity that offered the course, class, or program or under	891
whose auspices the course, class, or program was offered.	892

(4) A certification by the applicant that the applicant has	893
read the pamphlet prepared by the Ohio peace officer training	894
commission pursuant to section 109.731 of the Revised Code that	895
reviews firearms, dispute resolution, and use of deadly force	896
matters.	897

(5) A set of fingerprints of the applicant provided as	898
described in section 311.41 of the Revised Code through use of an	899
electronic fingerprint reading device or, if the sheriff to whom	900
the application is submitted does not possess and does not have	901
ready access to the use of such a reading device, on a standard	902
impression sheet prescribed pursuant to division (C)(2) of section	903
109.572 of the Revised Code.	904

(C) Upon receipt of an applicant's completed application	905
form, supporting documentation, and, if not waived, license fee, a	906
sheriff, in the manner specified in section 311.41 of the Revised	907
Code, shall conduct or cause to be conducted the criminal records	908
check and the incompetency records check described in section	909
311.41 of the Revised Code.	910

(D)(1) Except as provided in division (D)(3) or (4) of this	911
section, within forty-five days after a sheriff's receipt of an	912
applicant's completed application form for a license to carry a	913
concealed handgun, the supporting documentation, and, if not	914
waived, the license fee, the sheriff shall make available through	915
the law enforcement automated data system in accordance with	916
division (H) of this section the information described in that	917
division and, upon making the information available through the	918
system, shall issue to the applicant a license to carry a	919
concealed handgun that shall expire as described in division	920
(D)(2)(a) of this section if all of the following apply:	921

(a) The applicant is legally living in the United States, has	922
been a resident of this state for at least forty-five days, and	923
has been a resident of the county in which the person seeks the	924
license or a county adjacent to the county in which the person	925
seeks the license for at least thirty days. For purposes of	926
division (D)(1)(a) of this section:	927

(i) If a person is absent from the United States, from this	928
state, or from a particular county in this state in compliance	929
with military or naval orders as an active or reserve member of	930
the armed forces of the United States and if prior to leaving this	931
state in compliance with those orders the person was legally	932
living in the United States and was a resident of this state, the	933
person, solely by reason of that absence, shall not be considered	934
to have lost the person's status as living in the United States or	935
the person's residence in this state or in the county in which the	936
person was a resident prior to leaving this state in compliance	937
with those orders, without regard to whether or not the person	938
intends to return to this state or to that county, shall not be	939
considered to have acquired a residence in any other state, and	940
shall not be considered to have become a resident of any other	941
state.	942

(ii) If a person is present in this state in compliance with	943
military or naval orders as an active or reserve member of the	944
armed forces of the United States for at least forty-five days,	945
the person shall be considered to have been a resident of this	946
state for that period of at least forty-five days, and, if a	947
person is present in a county of this state in compliance with	948
military or naval orders as an active or reserve member of the	949
armed forces of the United States for at least thirty days, the	950
person shall be considered to have been a resident of that county	951
for that period of at least thirty days.	952

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

953

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

954

(d) The applicant is not under indictment for or otherwise	955
charged with a felony; an offense under Chapter 2925., 3719., or	956
4729. of the Revised Code that involves the illegal possession,	957
use, sale, administration, or distribution of or trafficking in a	958
drug of abuse; a misdemeanor offense of violence; or a violation	959
of section 2903.14 or 2923.1211 of the Revised Code.	960

(e) Except as otherwise provided in division (D)(5) of this	961
section, the applicant has not been convicted of or pleaded guilty	962
to a felony or an offense under Chapter 2925., 3719., or 4729. of	963
the Revised Code that involves the illegal possession, use, sale,	964
administration, or distribution of or trafficking in a drug of	965
abuse; has not been adjudicated a delinquent child for committing	966
an act that if committed by an adult would be a felony or would be	967
an offense under Chapter 2925., 3719., or 4729. of the Revised	968
Code that involves the illegal possession, use, sale,	969
administration, or distribution of or trafficking in a drug of	970
abuse; and has not been convicted of, pleaded guilty to, or	971
adjudicated a delinquent child for committing a violation of	972
section 2903.13 of the Revised Code when the victim of the	973
violation is a peace officer, regardless of whether the applicant	974
was sentenced under division (C)(3) of that section.	975

(f) Except as otherwise provided in division (D)(5) of this	976
section, the applicant, within three years of the date of the	977
application, has not been convicted of or pleaded guilty to a	978
misdemeanor offense of violence other than a misdemeanor violation	979
of section 2921.33 of the Revised Code or a violation of section	980
2903.13 of the Revised Code when the victim of the violation is a	981
peace officer, or a misdemeanor violation of section 2923.1211 of	982
the Revised Code; and has not been adjudicated a delinquent child	983
for committing an act that if committed by an adult would be a	984
misdemeanor offense of violence other than a misdemeanor violation	985
of section 2921.33 of the Revised Code or a violation of section	986
2903.13 of the Revised Code when the victim of the violation is a	987
peace officer or for committing an act that if committed by an	988
adult would be a misdemeanor violation of section 2923.1211 of the	989
Revised Code.	990

(g) Except as otherwise provided in division (D)(1)(e) of	991
this section, the applicant, within five years of the date of the	992
application, has not been convicted of, pleaded guilty to, or	993
adjudicated a delinquent child for committing two or more	994
violations of section 2903.13 or 2903.14 of the Revised Code.	995

(h) Except as otherwise provided in division (D)(5) of this	996
section, the applicant, within ten years of the date of the	997
application, has not been convicted of, pleaded guilty to, or	998
adjudicated a delinquent child for committing a violation of	999
section 2921.33 of the Revised Code.	1000

(i) The applicant has not been adjudicated as a mental	1001
defective, has not been committed to any mental institution, is	1002
not under adjudication of mental incompetence, has not been found	1003
by a court to be a mentally ill person subject to hospitalization	1004
by court order, and is not an involuntary patient other than one	1005
who is a patient only for purposes of observation. As used in this	1006
division, "mentally ill person subject to hospitalization by court	1007
order" and "patient" have the same meanings as in section 5122.01	1008
of the Revised Code.	1009

(j) The applicant is not currently subject to a civil	1010
protection order, a temporary protection order, or a protection	1011
order issued by a court of another state.	1012

(k) The applicant certifies that the applicant desires a	1013
legal means to carry a concealed handgun for defense of the	1014
applicant or a member of the applicant's family while engaged in	1015
lawful activity.	1016

(l) The applicant submits a competency certification of the	1017
type described in division (B)(3) of this section and submits a	1018
certification of the type described in division (B)(4) of this	1019
section regarding the applicant's reading of the pamphlet prepared	1020
by the Ohio peace officer training commission pursuant to section	1021
109.731 of the Revised Code.	1022

(m) The applicant currently is not subject to a suspension	1023
imposed under former division (A)(2) of section 2923.128 of the	1024
Revised Code of a license to carry a concealed handgun, or a	1025
temporary emergency license to carry a concealed handgun, that	1026
previously was issued to the applicant under this section or	1027
section 2923.1213 of the Revised Code.	1028

(2)(a) A license to carry a concealed handgun that a sheriff	1029
issues under division (D)(1) of this section on or after March 14,	1030
2007, shall expire five years after the date of issuance. A	1031
license to carry a concealed handgun that a sheriff issued under	1032
division (D)(1) of this section prior to March 14, 2007, shall	1033
expire four years after the date of issuance.	1034

If a sheriff issues a license under this section, the sheriff	1035
shall place on the license a unique combination of letters and	1036
numbers identifying the license in accordance with the procedure	1037
prescribed by the Ohio peace officer training commission pursuant	1038
to section 109.731 of the Revised Code.	1039

(b) If a sheriff denies an application under this section	1040
because the applicant does not satisfy the criteria described in	1041
division (D)(1) of this section, the sheriff shall specify the	1042
grounds for the denial in a written notice to the applicant. The	1043
applicant may appeal the denial pursuant to section 119.12 of the	1044
Revised Code in the county served by the sheriff who denied the	1045
application. If the denial was as a result of the criminal records	1046
check conducted pursuant to section 311.41 of the Revised Code and	1047
if, pursuant to section 2923.127 of the Revised Code, the	1048
applicant challenges the criminal records check results using the	1049
appropriate challenge and review procedure specified in that	1050
section, the time for filing the appeal pursuant to section 119.12	1051
of the Revised Code and this division is tolled during the	1052
pendency of the request or the challenge and review. If the court	1053
in an appeal under section 119.12 of the Revised Code and this	1054
division enters a judgment sustaining the sheriff's refusal to	1055
grant to the applicant a license to carry a concealed handgun, the	1056
applicant may file a new application beginning one year after the	1057
judgment is entered. If the court enters a judgment in favor of	1058
the applicant, that judgment shall not restrict the authority of a	1059
sheriff to suspend or revoke the license pursuant to section	1060
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	1061
the license for any proper cause that may occur after the date the	1062
judgment is entered. In the appeal, the court shall have full	1063
power to dispose of all costs.	1064

(3) If the sheriff with whom an application for a license to	1065
carry a concealed handgun was filed under this section becomes	1066
aware that the applicant has been arrested for or otherwise	1067
charged with an offense that would disqualify the applicant from	1068
holding the license, the sheriff shall suspend the processing of	1069
the application until the disposition of the case arising from the	1070
arrest or charge.	1071

(4) If the sheriff determines that the applicant is legally	1072
living in the United States and is a resident of the county in	1073
which the applicant seeks the license or of an adjacent county but	1074
does not yet meet the residency requirements described in division	1075
(D)(1)(a) of this section, the sheriff shall not deny the license	1076
because of the residency requirements but shall not issue the	1077
license until the applicant meets those residency requirements.	1078

(5) If an applicant has been convicted of or pleaded guilty	1079
to an offense identified in division (D)(1)(e), (f), or (h) of	1080
this section or has been adjudicated a delinquent child for	1081
committing an act or violation identified in any of those	1082
divisions, and if a court has ordered the sealing or expungement	1083
of the records of that conviction, guilty plea, or adjudication	1084
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	1085
2953.36 of the Revised Code or a court has granted the applicant	1086
relief pursuant to section 2923.14 of the Revised Code from the	1087
disability imposed pursuant to section 2923.13 of the Revised Code	1088
relative to that conviction, guilty plea, or adjudication, the	1089
sheriff with whom the application was submitted shall not consider	1090
the conviction, guilty plea, or adjudication in making a	1091
determination under division (D)(1) or (F) of this section or, in	1092
relation to an application for a temporary emergency license to	1093
carry a concealed handgun submitted under section 2923.1213 of the	1094
Revised Code, in making a determination under division (B)(2) of	1095
that section.	1096

(E) If a license to carry a concealed handgun issued under	1097
this section is lost or is destroyed, the licensee may obtain from	1098
the sheriff who issued that license a duplicate license upon the	1099
payment of a fee of fifteen dollars and the submission of an	1100
affidavit attesting to the loss or destruction of the license. The	1101
sheriff, in accordance with the procedures prescribed in section	1102
109.731 of the Revised Code, shall place on the replacement	1103
license a combination of identifying numbers different from the	1104
combination on the license that is being replaced.	1105

(F)(1) A licensee who wishes to renew a license to carry a	1106
concealed handgun issued under this section shall do so not	1107
earlier than ninety days before the expiration date of the license	1108
or at any time after the expiration date of the license by filing	1109
with the sheriff of the county in which the applicant resides or	1110
with the sheriff of an adjacent county an application for renewal	1111
of the license obtained pursuant to division (D) of this section,	1112
a certification by the applicant that, subsequent to the issuance	1113
of the license, the applicant has reread the pamphlet prepared by	1114
the Ohio peace officer training commission pursuant to section	1115
109.731 of the Revised Code that reviews firearms, dispute	1116
resolution, and use of deadly force matters, and a nonrefundable	1117
license renewal fee in an amount determined pursuant to division	1118
(F)(4) of this section unless the fee is waived, and one of the	1119
following:	1120

(a) If the licensee previously has not renewed a license to	1121
carry a concealed handgun issued under this section, proof that	1122
the licensee at one time had a competency certification of the	1123
type described in division (B)(3) of this section. A valid	1124
license, expired license, or any other previously issued license	1125
that has not been revoked is prima-facie evidence that the	1126
licensee at one time had a competency certification of the type	1127
described in division (B)(3) of this section.	1128

(b) If the licensee previously has renewed a license to carry	1129
a concealed handgun issued under this section, a renewed	1130
competency certification of the type described in division (G)(4)	1131
of this section.	1132

(2) A sheriff shall accept a completed renewal application,	1133
the license renewal fee, and information specified in division	1134
(F)(1) of this section at the times and in the manners described	1135
in division (I) of this section. Upon receipt of a completed	1136
renewal application, of certification that the applicant has	1137
reread the specified pamphlet prepared by the Ohio peace officer	1138
training commission, of proof of a prior competency certification	1139
for an initial renewal or of a renewed competency certification	1140
for a second or subsequent renewal, and of a license renewal fee	1141
unless the fee is waived, a sheriff, in the manner specified in	1142
section 311.41 of the Revised Code shall conduct or cause to be	1143
conducted the criminal records check and the incompetency records	1144
check described in section 311.41 of the Revised Code. The sheriff	1145
shall renew the license if the sheriff determines that the	1146
applicant continues to satisfy the requirements described in	1147
division (D)(1) of this section, except that the applicant is not	1148
required to meet the requirements of division (D)(1)(l) of this	1149
section. A renewed license that is renewed on or after March 14,	1150
2007, shall expire five years after the date of issuance, and a	1151
renewed license that is renewed prior to March 14, 2007, shall	1152
expire four years after the date of issuance. A renewed license is	1153
subject to division (E) of this section and sections 2923.126 and	1154
2923.128 of the Revised Code. A sheriff shall comply with	1155
divisions (D)(2) to (4) of this section when the circumstances	1156
described in those divisions apply to a requested license renewal.	1157
If a sheriff denies the renewal of a license to carry a concealed	1158
handgun, the applicant may appeal the denial, or challenge the	1159
criminal record check results that were the basis of the denial if	1160
applicable, in the same manner as specified in division (D)(2)(b)	1161
of this section and in section 2923.127 of the Revised Code,	1162
regarding the denial of a license under this section.	1163

(3) A renewal application submitted pursuant to division (F)	1164
of this section shall only require the licensee to list on the	1165
application form information and matters occurring since the date	1166
of the licensee's last application for a license pursuant to	1167
division (B) or (F) of this section. A sheriff conducting the	1168
criminal records check and the incompetency records check	1169
described in section 311.41 of the Revised Code shall conduct the	1170
check only from the date of the licensee's last application for a	1171
license pursuant to division (B) or (F) of this section through	1172
the date of the renewal application submitted pursuant to division	1173
(F) of this section.	1174

(4) An applicant for a renewal license to carry a concealed	1175
handgun shall submit to the sheriff of the county in which the	1176
applicant resides or to the sheriff of any county adjacent to the	1177
county in which the applicant resides a nonrefundable license fee	1178
as described in either of the following:	1179

(a) For an applicant who has been a resident of this state	1180
for five or more years, a fee of fifty dollars;	1181

(b) For an applicant who has been a resident of this state	1182
for less than five years, a fee of fifty dollars plus the actual	1183
cost of having a background check performed by the federal bureau	1184
of investigation.	1185

(G)(1) Each course, class, or program described in division	1186
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1187
person who takes the course, class, or program the web site	1188
address at which the pamphlet prepared by the Ohio peace officer	1189
training commission pursuant to section 109.731 of the Revised	1190
Code that reviews firearms, dispute resolution, and use of deadly	1191
force matters may be found. Each such course, class, or program	1192
described in one of those divisions shall include at least twelve	1193
hours of training in the safe handling and use of a firearm that	1194
shall include all of the following:	1195

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

1196

(i) The ability to name, explain, and demonstrate the rules	1197
for safe handling of a handgun and proper storage practices for	1198
handguns and ammunition;	1199

(ii) The ability to demonstrate and explain how to handle	1200
ammunition in a safe manner;	1201

(iii) The ability to demonstrate the knowledge, skills, and	1202
attitude necessary to shoot a handgun in a safe manner;	1203

(iv) Gun handling training.

1204

(b) At least two hours of training that consists of range	1205
time and live-fire training.	1206

(2) To satisfactorily complete the course, class, or program	1207
described in division (B)(3)(a), (b), (c), or (e) of this section,	1208
the applicant shall pass a competency examination that shall	1209
include both of the following:	1210

(a) A written section on the ability to name and explain the	1211
rules for the safe handling of a handgun and proper storage	1212
practices for handguns and ammunition;	1213

(b) A physical demonstration of competence in the use of a	1214
handgun and in the rules for safe handling and storage of a	1215
handgun and a physical demonstration of the attitude necessary to	1216
shoot a handgun in a safe manner.	1217

(3) The competency certification described in division	1218
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1219
shall attest that the course, class, or program the applicant	1220
successfully completed met the requirements described in division	1221
(G)(1) of this section and that the applicant passed the	1222
competency examination described in division (G)(2) of this	1223
section.	1224

(4) A person who previously has received a competency	1225
certification as described in division (B)(3) of this section, or	1226
who previously has received a renewed competency certification as	1227
described in this division, may obtain a renewed competency	1228
certification pursuant to this division. If the person previously	1229
has received a competency certification or previously has received	1230
a renewed competency certification, the person may obtain a	1231
renewed competency certification from an entity that offers a	1232
course, class, or program described in division (B)(3)(a), (b),	1233
(c), or (e) of this section by passing a test that demonstrates	1234
that the person is range competent. In these circumstances, the	1235
person is not required to attend the course, class, or program or	1236
to take the competency examination described in division (G)(2) of	1237
this section for the renewed competency certification in order to	1238
be eligible to receive a renewed competency certification. A	1239
renewed competency certification issued under this division shall	1240
be dated and shall attest that the person has demonstrated range	1241
competency.	1242

(H) Upon deciding to issue a license, deciding to issue a	1243
replacement license, or deciding to renew a license to carry a	1244
concealed handgun pursuant to this section, and before actually	1245
issuing or renewing the license, the sheriff shall make available	1246
through the law enforcement automated data system all information	1247
contained on the license. If the license subsequently is suspended	1248
under division (A)(1) or (2) of section 2923.128 of the Revised	1249
Code, revoked pursuant to division (B)(1) of section 2923.128 of	1250
the Revised Code, or lost or destroyed, the sheriff also shall	1251
make available through the law enforcement automated data system a	1252
notation of that fact. The superintendent of the state highway	1253
patrol shall ensure that the law enforcement automated data system	1254
is so configured as to permit the transmission through the system	1255
of the information specified in this division.	1256

(I) A sheriff shall accept a completed application form or	1257
renewal application, and the fee, items, materials, and	1258
information specified in divisions (B)(1) to (5) or division (F)	1259
of this section, whichever is applicable, and shall provide an	1260
application form or renewal application to any person during at	1261
least fifteen hours a week and shall provide the web site address	1262
at which the pamphlet described in division (B) of section 109.731	1263
of the Revised Code may be found at any time, upon request. The	1264
sheriff shall post notice of the hours during which the sheriff is	1265
available to accept or provide the information described in this	1266
division.	1267

(J) When a sheriff issues a renewed license, the sheriff	1268
shall offer to return the expired license to the licensee. If the	1269
licensee does not take the expired license, the sheriff shall	1270
destroy it.	1271

Sec. 2923.126.  (A) A license to carry a concealed handgun	1272
that is issued under section 2923.125 of the Revised Code on or	1273
after March 14, 2007, shall expire five years after the date of	1274
issuance, and a license that is so issued prior to March 14, 2007,	1275
shall expire four years after the date of issuance. A licensee who	1276
has been issued a license under that section shall be granted a	1277
grace period of thirty days after the licensee's license expires	1278
during which the licensee's license remains valid. Except as	1279
provided in divisions (B) and (C) of this section, a licensee who	1280
has been issued a license under section 2923.125 or 2923.1213 of	1281
the Revised Code may carry a concealed handgun anywhere in this	1282
state if the licensee also carries a valid license and valid	1283
identification when the licensee is in actual possession of a	1284
concealed handgun. The licensee shall give notice of any change in	1285
the licensee's residence address to the sheriff who issued the	1286
license within forty-five days after that change.	1287

If a licensee is the driver or an occupant of a motor vehicle	1288
that is stopped as the result of a traffic stop or a stop for	1289
another law enforcement purpose and if the licensee is	1290
transporting or has a loaded handgun in the motor vehicle at that	1291
time, the licensee shall promptly inform any law enforcement	1292
officer who approaches the vehicle while stopped that the licensee	1293
has been issued a license or temporary emergency license to carry	1294
a concealed handgun and that the licensee currently possesses or	1295
has a loaded handgun; the licensee shall not knowingly disregard	1296
or fail to comply with lawful orders of a law enforcement officer	1297
given while the motor vehicle is stopped, knowingly fail to remain	1298
in the motor vehicle while stopped, or knowingly fail to keep the	1299
licensee's hands in plain sight after any law enforcement officer	1300
begins approaching the licensee while stopped and before the	1301
officer leaves, unless directed otherwise by a law enforcement	1302
officer; and the licensee shall not knowingly remove, attempt to	1303
remove, grasp, or hold the loaded handgun or knowingly have	1304
contact with the loaded handgun by touching it with the licensee's	1305
hands or fingers, in any manner in violation of division (E) of	1306
section 2923.16 of the Revised Code, after any law enforcement	1307
officer begins approaching the licensee while stopped and before	1308
the officer leaves. Additionally, if a licensee is the driver or	1309
an occupant of a commercial motor vehicle that is stopped by an	1310
employee of the motor carrier enforcement unit for the purposes	1311
defined in section 5503.04 of the Revised Code and if the licensee	1312
is transporting or has a loaded handgun in the commercial motor	1313
vehicle at that time, the licensee shall promptly inform the	1314
employee of the unit who approaches the vehicle while stopped that	1315
the licensee has been issued a license or temporary emergency	1316
license to carry a concealed handgun and that the licensee	1317
currently possesses or has a loaded handgun.	1318

If a licensee is stopped for a law enforcement purpose and if	1319
the licensee is carrying a concealed handgun at the time the	1320
officer approaches, the licensee shall promptly inform any law	1321
enforcement officer who approaches the licensee while stopped that	1322
the licensee has been issued a license or temporary emergency	1323
license to carry a concealed handgun and that the licensee	1324
currently is carrying a concealed handgun; the licensee shall not	1325
knowingly disregard or fail to comply with lawful orders of a law	1326
enforcement officer given while the licensee is stopped or	1327
knowingly fail to keep the licensee's hands in plain sight after	1328
any law enforcement officer begins approaching the licensee while	1329
stopped and before the officer leaves, unless directed otherwise	1330
by a law enforcement officer; and the licensee shall not knowingly	1331
remove, attempt to remove, grasp, or hold the loaded handgun or	1332
knowingly have contact with the loaded handgun by touching it with	1333
the licensee's hands or fingers, in any manner in violation of	1334
division (B) of section 2923.12 of the Revised Code, after any law	1335
enforcement officer begins approaching the licensee while stopped	1336
and before the officer leaves.	1337

(B) A competency certification described in or valid license	1338
issued under section 2923.125 or 2923.1213 of the Revised Code	1339
does not authorize the licenseeholder of the certification or	1340
license to carry a concealed handgun in any manner prohibited	1341
under division (B) of section 2923.12 of the Revised Code or in	1342
any manner prohibited under section 2923.16 of the Revised Code. A	1343
competency certification or valid license does not authorize the	1344
licenseeholder of the certification or license to carry a	1345
concealed handgun into any of the following places:	1346

(1) A police station, sheriff's office, or state highway	1347
patrol station, premises controlled by the bureau of criminal	1348
identification and investigation, a state correctional	1349
institution, jail, workhouse, or other detention facility, an	1350
airport passenger terminal, or an institution that is maintained,	1351
operated, managed, and governed pursuant to division (A) of	1352
section 5119.02 of the Revised Code or division (A)(1) of section	1353
5123.03 of the Revised Code;	1354

(2) A school safety zone if the licensee'sholder's carrying	1355
the concealed handgun is in violation of section 2923.122 of the	1356
Revised Code;	1357

(3) A courthouse or another building or structure in which a	1358
courtroom is located, in violation of section 2923.123 of the	1359
Revised Code;	1360

(4) Any premises or open air arena for which a D permit has	1361
been issued under Chapter 4303. of the Revised Code if the	1362
licensee'sholder's carrying the concealed handgun is in violation	1363
of section 2923.121 of the Revised Code;	1364

(5) Any premises owned or leased by any public or private	1365
college, university, or other institution of higher education,	1366
unless the handgun is in a locked motor vehicle or the licensee is	1367
in the immediate process of placing the handgun in a locked motor	1368
vehicle;	1369

(6) Any church, synagogue, mosque, or other place of worship,	1370
unless the church, synagogue, mosque, or other place of worship	1371
posts or permits otherwise;	1372

(7) A child day-care center, a type A family day-care home, a	1373
type B family day-care home, or a type C family day-care home,	1374
except that this division does not prohibit a licensee who resides	1375
in a type A family day-care home, a type B family day-care home,	1376
or a type C family day-care home from carrying a concealed handgun	1377
at any time in any part of the home that is not dedicated or used	1378
for day-care purposes, or from carrying a concealed handgun in a	1379
part of the home that is dedicated or used for day-care purposes	1380
at any time during which no children, other than children of that	1381
licensee, are in the home;	1382

(8) An aircraft that is in, or intended for operation in,	1383
foreign air transportation, interstate air transportation,	1384
intrastate air transportation, or the transportation of mail by	1385
aircraft;	1386

(9) Any building that is a government facility of this state	1387
or a political subdivision of this state and that is not a	1388
building that is used primarily as a shelter, restroom, parking	1389
facility for motor vehicles, or rest facility and is not a	1390
courthouse or other building or structure in which a courtroom is	1391
located that is subject to division (B)(3) of this section;	1392

(10)(6) A place in which federal law prohibits the carrying	1393
of handguns.	1394

(C)(1) Nothing in this section shall negate or restrict a	1395
rule, policy, or practice of a private employer that is not a	1396
private college, university, or other institution of higher	1397
education concerning or prohibiting the presence of firearms on	1398
the private employer's premises or property, including motor	1399
vehicles owned by the private employer. Nothing in this section	1400
shall require a private employer of that nature to adopt a rule,	1401
policy, or practice concerning or prohibiting the presence of	1402
firearms on the private employer's premises or property, including	1403
motor vehicles owned by the private employer.	1404

(2)(a) A private employer shall be immune from liability in a	1405
civil action for any injury, death, or loss to person or property	1406
that allegedly was caused by or related to a person who qualifies	1407
for a license or who is a licensee bringing a handgun onto the	1408
premises or property of the private employer, including motor	1409
vehicles owned by the private employer, unless the private	1410
employer acted with malicious purpose. A private employer is	1411
immune from liability in a civil action for any injury, death, or	1412
loss to person or property that allegedly was caused by or related	1413
to the private employer's decision to permit a person who	1414
qualifies for a license or who is a licensee to bring, or prohibit	1415
a licensee from bringing, a handgun onto the premises or property	1416
of the private employer. As used in this division, "private	1417
employer" includes a private college, university, or other	1418
institution of higher education.	1419

(b) A political subdivision shall be immune from liability in	1420
a civil action, to the extent and in the manner provided in	1421
Chapter 2744. of the Revised Code, for any injury, death, or loss	1422
to person or property that allegedly was caused by or related to a	1423
person who qualifies for a license or who is a licensee bringing a	1424
handgun onto any premises or property owned, leased, or otherwise	1425
under the control of the political subdivision. As used in this	1426
division, "political subdivision" has the same meaning as in	1427
section 2744.01 of the Revised Code.	1428

(3)(a) Except as provided in division (C)(3)(b) of this	1429
section, the owner or person in control of private land or	1430
premises, and a private person or entity leasing land or premises	1431
owned by the state, the United States, or a political subdivision	1432
of the state or the United States, may post a sign in a	1433
conspicuous location on that land or on those premises prohibiting	1434
persons from carrying firearms or concealed firearms on or onto	1435
that land or those premises. Except as otherwise provided in this	1436
division, a person who knowingly violates a posted prohibition of	1437
that nature is guilty of criminal trespass in violation of	1438
division (A)(4) of section 2911.21 of the Revised Code and is	1439
guilty of a misdemeanor of the fourth degree. If a person	1440
knowingly violates a posted prohibition of that nature and the	1441
posted land or premises primarily was a parking lot or other	1442
parking facility, the person is not guilty of criminal trespass in	1443
violation of division (A)(4) of section 2911.21 of the Revised	1444
Code and instead is subject only to a civil cause of action for	1445
trespass based on the violation.	1446

(b) A landlord may not prohibit or restrict a tenant who is a	1447
licensee and who on or after the effective date of this amendment	1448
September 9, 2008, enters into a rental agreement with the	1449
landlord for the use of residential premises, and the tenant's	1450
guest while the tenant is present, from lawfully carrying or	1451
possessing a handgun on those residential premises.	1452

(c) As used in division (C)(3) of this section:

1453

(i) "Residential premises" has the same meaning as in section	1454
5321.01 of the Revised Code, except "residential premises" does	1455
not include a dwelling unit that is owned or operated by a college	1456
or university.	1457

(ii) "Landlord," "tenant," and "rental agreement" have the	1458
same meanings as in section 5321.01 of the Revised Code.	1459

(D) A person who holds a license to carry a concealed handgun	1460
that was issued pursuant to the law of another state that is	1461
recognized by the attorney general pursuant to a reciprocity	1462
agreement entered into pursuant to section 109.69 of the Revised	1463
Code has the same right to carry a concealed handgun in this state	1464
as a person who was issued a license to carry a concealed handgun	1465
under section 2923.125 of the Revised Code and is subject to the	1466
same restrictions that apply to a person who carries a license	1467
issued under that section.	1468

(E) A peace officer has the same right to carry a concealed	1469
handgun in this state as a person who was issued a license to	1470
carry a concealed handgun under section 2923.125 of the Revised	1471
Code. For purposes of reciprocity with other states, a peace	1472
officer shall be considered to be a licensee in this state.	1473

(F)(1) A qualified retired peace officer who possesses a	1474
retired peace officer identification card issued pursuant to	1475
division (F)(2) of this section and a valid firearms	1476
requalification certification issued pursuant to division (F)(3)	1477
of this section has the same right to carry a concealed handgun in	1478
this state as a person who was issued a license to carry a	1479
concealed handgun under section 2923.125 of the Revised Code and	1480
is subject to the same restrictions that apply to a person who	1481
carries a license issued under that section. For purposes of	1482
reciprocity with other states, a qualified retired peace officer	1483
who possesses a retired peace officer identification card issued	1484
pursuant to division (F)(2) of this section and a valid firearms	1485
requalification certification issued pursuant to division (F)(3)	1486
of this section shall be considered to be a licensee in this	1487
state.	1488

(2)(a) Each public agency of this state or of a political	1489
subdivision of this state that is served by one or more peace	1490
officers shall issue a retired peace officer identification card	1491
to any person who retired from service as a peace officer with	1492
that agency, if the issuance is in accordance with the agency's	1493
policies and procedures and if the person, with respect to the	1494
person's service with that agency, satisfies all of the following:	1495

(i) The person retired in good standing from service as a	1496
peace officer with the public agency, and the retirement was not	1497
for reasons of mental instability.	1498

(ii) Before retiring from service as a peace officer with	1499
that agency, the person was authorized to engage in or supervise	1500
the prevention, detection, investigation, or prosecution of, or	1501
the incarceration of any person for, any violation of law and the	1502
person had statutory powers of arrest.	1503

(iii) At the time of the person's retirement as a peace	1504
officer with that agency, the person was trained and qualified to	1505
carry firearms in the performance of the peace officer's duties.	1506

(iv) Before retiring from service as a peace officer with	1507
that agency, the person was regularly employed as a peace officer	1508
for an aggregate of fifteen years or more, or, in the alternative,	1509
the person retired from service as a peace officer with that	1510
agency, after completing any applicable probationary period of	1511
that service, due to a service-connected disability, as determined	1512
by the agency.	1513

(b) A retired peace officer identification card issued to a	1514
person under division (F)(2)(a) of this section shall identify the	1515
person by name, contain a photograph of the person, identify the	1516
public agency of this state or of the political subdivision of	1517
this state from which the person retired as a peace officer and	1518
that is issuing the identification card, and specify that the	1519
person retired in good standing from service as a peace officer	1520
with the issuing public agency and satisfies the criteria set	1521
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	1522
addition to the required content specified in this division, a	1523
retired peace officer identification card issued to a person under	1524
division (F)(2)(a) of this section may include the firearms	1525
requalification certification described in division (F)(3) of this	1526
section, and if the identification card includes that	1527
certification, the identification card shall serve as the firearms	1528
requalification certification for the retired peace officer. If	1529
the issuing public agency issues credentials to active law	1530
enforcement officers who serve the agency, the agency may comply	1531
with division (F)(2)(a) of this section by issuing the same	1532
credentials to persons who retired from service as a peace officer	1533
with the agency and who satisfy the criteria set forth in	1534
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	1535
credentials so issued to retired peace officers are stamped with	1536
the word "RETIRED."	1537

(c) A public agency of this state or of a political	1538
subdivision of this state may charge persons who retired from	1539
service as a peace officer with the agency a reasonable fee for	1540
issuing to the person a retired peace officer identification card	1541
pursuant to division (F)(2)(a) of this section.	1542

(3) If a person retired from service as a peace officer with	1543
a public agency of this state or of a political subdivision of	1544
this state and the person satisfies the criteria set forth in	1545
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	1546
may provide the retired peace officer with the opportunity to	1547
attend a firearms requalification program that is approved for	1548
purposes of firearms requalification required under section	1549
109.801 of the Revised Code. The retired peace officer may be	1550
required to pay the cost of the course.	1551

If a retired peace officer who satisfies the criteria set	1552
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	1553
firearms requalification program that is approved for purposes of	1554
firearms requalification required under section 109.801 of the	1555
Revised Code, the retired peace officer's successful completion of	1556
the firearms requalification program requalifies the retired peace	1557
officer for purposes of division (F) of this section for five	1558
years from the date on which the program was successfully	1559
completed, and the requalification is valid during that five-year	1560
period. If a retired peace officer who satisfies the criteria set	1561
forth in divisions (F)(2)(a)(i) to (iv) of this section	1562
satisfactorily completes such a firearms requalification program,	1563
the retired peace officer shall be issued a firearms	1564
requalification certification that identifies the retired peace	1565
officer by name, identifies the entity that taught the program,	1566
specifies that the retired peace officer successfully completed	1567
the program, specifies the date on which the course was	1568
successfully completed, and specifies that the requalification is	1569
valid for five years from that date of successful completion. The	1570
firearms requalification certification for a retired peace officer	1571
may be included in the retired peace officer identification card	1572
issued to the retired peace officer under division (F)(2) of this	1573
section.	1574

A retired peace officer who attends a firearms	1575
requalification program that is approved for purposes of firearms	1576
requalification required under section 109.801 of the Revised Code	1577
may be required to pay the cost of the program.	1578

(G) As used in this section:

1579

(1) "Qualified retired peace officer" means a person who	1580
satisfies all of the following:	1581

(a) The person satisfies the criteria set forth in divisions	1582
(F)(2)(a)(i) to (v) of this section.	1583

(b) The person is not under the influence of alcohol or	1584
another intoxicating or hallucinatory drug or substance.	1585

(c) The person is not prohibited by federal law from	1586
receiving firearms.	1587

(2) "Retired peace officer identification card" means an	1588
identification card that is issued pursuant to division (F)(2) of	1589
this section to a person who is a retired peace officer.	1590

(3) "Government facility of this state or a political	1591
subdivision of this state" means any of the following:	1592

(a) A building or part of a building that is owned or leased	1593
by the government of this state or a political subdivision of this	1594
state and where employees of the government of this state or the	1595
political subdivision regularly are present for the purpose of	1596
performing their official duties as employees of the state or	1597
political subdivision;	1598

(b) The office of a deputy registrar serving pursuant to	1599
Chapter 4503. of the Revised Code that is used to perform deputy	1600
registrar functions.	1601

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	1602
license issued under section 2923.125 or 2923.1213 of the Revised	1603
Code is arrested for or otherwise charged with an offense	1604
described in division (D)(1)(d) of section 2923.125 of the Revised	1605
Code or with a violation of section 2923.15 of the Revised Code or	1606
becomes subject to a temporary protection order or to a protection	1607
order issued by a court of another state that is substantially	1608
equivalent to a temporary protection order, the sheriff who issued	1609
the license or temporary emergency license shall suspend it and	1610
shall comply with division (A)(3)(2) of this section upon becoming	1611
aware of the arrest, charge, or protection order. Upon suspending	1612
the license or temporary emergency license, the sheriff also shall	1613
comply with division (H) of section 2923.125 of the Revised Code.	1614

(b) A suspension under division (A)(1)(a) of this section	1615
shall be considered as beginning on the date that the licensee is	1616
arrested for or otherwise charged with an offense described in	1617
that division or on the date the appropriate court issued the	1618
protection order described in that division, irrespective of when	1619
the sheriff notifies the licensee under division (A)(3) of this	1620
section. The suspension shall end on the date on which the charges	1621
are dismissed or the licensee is found not guilty of the offense	1622
described in division (A)(1)(a) of this section or, subject to	1623
division (B) of this section, on the date the appropriate court	1624
terminates the protection order described in that division. If the	1625
suspension so ends, the sheriff shall return the license or	1626
temporary emergency license to the licensee.	1627

(2)(a) If a licensee holding a valid license issued under	1628
section 2923.125 or 2923.1213 of the Revised Code is convicted of	1629
or pleads guilty to a misdemeanor violation of division (B)(1),	1630
(2), or (4) of section 2923.12 of the Revised Code or of division	1631
(E)(3), (4), or (6) of section 2923.16 of the Revised Code, except	1632
as provided in division (A)(2)(c) of this section and subject to	1633
division (C) of this section, the sheriff who issued the license	1634
or temporary emergency license shall suspend it and shall comply	1635
with division (A)(3) of this section upon becoming aware of the	1636
conviction or guilty plea. Upon suspending the license or	1637
temporary emergency license, the sheriff also shall comply with	1638
division (H) of section 2923.125 of the Revised Code.	1639

(b) A suspension under division (A)(2)(a) of this section	1640
shall be considered as beginning on the date that the licensee is	1641
convicted of or pleads guilty to the offense described in that	1642
division, irrespective of when the sheriff notifies the licensee	1643
under division (A)(3) of this section. If the suspension is	1644
imposed for a misdemeanor violation of division (B)(1) or (2) of	1645
section 2923.12 of the Revised Code or of division (E)(3) or (4)	1646
of section 2923.16 of the Revised Code, it shall end on the date	1647
that is one year after the date that the licensee is convicted of	1648
or pleads guilty to that violation. If the suspension is imposed	1649
for a misdemeanor violation of division (B)(4) of section 2923.12	1650
of the Revised Code or of division (E)(6) of section 2923.16 of	1651
the Revised Code, it shall end on the date that is two years after	1652
the date that the licensee is convicted of or pleads guilty to	1653
that violation. If the licensee's license was issued under section	1654
2923.125 of the Revised Code and the license remains valid after	1655
the suspension ends as described in this division, when the	1656
suspension ends, the sheriff shall return the license to the	1657
licensee. If the licensee's license was issued under section	1658
2923.125 of the Revised Code and the license expires before the	1659
suspension ends as described in this division, or if the	1660
licensee's license was issued under section 2923.1213 of the	1661
Revised Code, the licensee is not eligible to apply for a new	1662
license under section 2923.125 or 2923.1213 of the Revised Code or	1663
to renew the license under section 2923.125 of the Revised Code	1664
until after the suspension ends as described in this division.	1665

(c) The license of a licensee who is convicted of or pleads	1666
guilty to a violation of division (B)(1) of section 2923.12 or	1667
division (E)(3) of section 2923.16 of the Revised Code shall not	1668
be suspended pursuant to division (A)(2)(a) of this section if, at	1669
the time of the stop of the licensee for a law enforcement	1670
purpose, for a traffic stop, or for a purpose defined in section	1671
5503.34 of the Revised Code that was the basis of the violation,	1672
any law enforcement officer involved with the stop or the employee	1673
of the motor carrier enforcement unit who made the stop had actual	1674
knowledge of the licensee's status as a licensee.	1675

(3) Upon becoming aware of an arrest, charge, or protection	1676
order described in division (A)(1)(a) of this section with respect	1677
to a licensee who was issued a license under section 2923.125 or	1678
2923.1213 of the Revised Code, or a conviction of or plea of	1679
guilty to a misdemeanor offense described in division (A)(2)(a) of	1680
this section with respect to a licensee who was issued a license	1681
under either section and with respect to which division (A)(2)(c)	1682
of this section does not apply, subject to division (C) of this	1683
section, the sheriff who issued the licensee's license or	1684
temporary emergency license to carry a concealed handgun shall	1685
notify the licensee, by certified mail, return receipt requested,	1686
at the licensee's last known residence address that the license or	1687
temporary emergency license has been suspended and that the	1688
licensee is required to surrender the license or temporary	1689
emergency license at the sheriff's office within ten days of the	1690
date on which the notice was mailed. If the suspension is pursuant	1691
to division (A)(2) of this section, the notice shall identify the	1692
date on which the suspension ends.	1693

(B)(1) A sheriff who issues a license or temporary emergency	1694
license to carry a concealed handgun to a licensee under section	1695
2923.125 or 2923.1213 of the Revised Code shall revoke the license	1696
or temporary emergency license in accordance with division (B)(2)	1697
of this section upon becoming aware that the licensee satisfies	1698
any of the following:	1699

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

1700

(b) Subject to division (C) of this section, at the time of	1701
the issuance of the license or temporary emergency license, the	1702
licensee did not satisfy the eligibility requirements of division	1703
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	1704
Revised Code.	1705

(c) Subject to division (C) of this section, on or after the	1706
date on which the license or temporary emergency license was	1707
issued, the licensee is convicted of or pleads guilty to a	1708
violation of section 2923.15 of the Revised Code or an offense	1709
described in division (D)(1)(e), (f), (g), or (h) of section	1710
2923.125 of the Revised Code.	1711

(d) On or after the date on which the license or temporary	1712
emergency license was issued, the licensee becomes subject to a	1713
civil protection order or to a protection order issued by a court	1714
of another state that is substantially equivalent to a civil	1715
protection order.	1716

(e) The licensee knowingly carries a concealed handgun into a	1717
place that the licensee knows is an unauthorized place specified	1718
in division (B) of section 2923.126 of the Revised Code.	1719

(f) On or after the date on which the license or temporary	1720
emergency license was issued, the licensee is adjudicated as a	1721
mental defective or is committed to a mental institution.	1722

(g) At the time of the issuance of the license or temporary	1723
emergency license, the licensee did not meet the residency	1724
requirements described in division (D)(1) of section 2923.125 of	1725
the Revised Code and currently does not meet the residency	1726
requirements described in that division.	1727

(h) Regarding a license issued under section 2923.125 of the	1728
Revised Code, the competency certificate the licensee submitted	1729
was forged or otherwise was fraudulent.	1730

(2) Upon becoming aware of any circumstance listed in	1731
division (B)(1) of this section that applies to a particular	1732
licensee who was issued a license under section 2923.125 or	1733
2923.1213 of the Revised Code, subject to division (C) of this	1734
section, the sheriff who issued the license or temporary emergency	1735
license to carry a concealed handgun to the licensee shall notify	1736
the licensee, by certified mail, return receipt requested, at the	1737
licensee's last known residence address that the license or	1738
temporary emergency license is subject to revocation and that the	1739
licensee may come to the sheriff's office and contest the	1740
sheriff's proposed revocation within fourteen days of the date on	1741
which the notice was mailed. After the fourteen-day period and	1742
after consideration of any information that the licensee provides	1743
during that period, if the sheriff determines on the basis of the	1744
information of which the sheriff is aware that the licensee is	1745
described in division (B)(1) of this section and no longer	1746
satisfies the requirements described in division (D)(1) of section	1747
2923.125 of the Revised Code that are applicable to the licensee's	1748
type of license, the sheriff shall revoke the license or temporary	1749
emergency license, notify the licensee of that fact, and require	1750
the licensee to surrender the license or temporary emergency	1751
license. Upon revoking the license or temporary emergency license,	1752
the sheriff also shall comply with division (H) of section	1753
2923.125 of the Revised Code.	1754

(C) If a sheriff who issues a license or temporary emergency	1755
license to carry a concealed handgun to a licensee under section	1756
2923.125 or 2923.1213 of the Revised Code becomes aware that at	1757
the time of the issuance of the license or temporary emergency	1758
license the licensee had been convicted of or pleaded guilty to an	1759
offense identified in division (D)(1)(e), (f), or (h) of section	1760
2923.125 of the Revised Code or had been adjudicated a delinquent	1761
child for committing an act or violation identified in any of	1762
those divisions or becomes aware that on or after the date on	1763
which the license or temporary emergency license was issued the	1764
licensee has been convicted of or pleaded guilty to an offense	1765
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	1766
sheriff shall not consider that conviction, guilty plea, or	1767
adjudication as having occurred for purposes of divisions (A)(2),	1768
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	1769
the sealing or expungement of the records of that conviction,	1770
guilty plea, or adjudication pursuant to sections 2151.355 to	1771
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	1772
court has granted the licensee relief pursuant to section 2923.14	1773
of the Revised Code from the disability imposed pursuant to	1774
section 2923.13 of the Revised Code relative to that conviction,	1775
guilty plea, or adjudication.	1776

(D) As used in this section, "motor carrier enforcement unit"	1777
has the same meaning as in section 2923.16 of the Revised Code.	1778

Sec. 2923.1212.  (A) The following persons, boards, and	1779
entities, or designees, shall post in the following locations a	1780
sign that contains a statement in substantially the following	1781
form: "Unless otherwise authorized by law, pursuant to the Ohio	1782
Revised Code, no person shall knowingly possess, have under the	1783
person's control, convey, or attempt to convey a deadly weapon or	1784
dangerous ordnance onto these premises.":	1785

(1) The director of public safety or the person or board	1786
charged with the erection, maintenance, or repair of police	1787
stations, municipal jails, and the municipal courthouse and	1788
courtrooms in a conspicuous location at all police stations,	1789
municipal jails, and municipal courthouses and courtrooms;	1790

(2) The sheriff or sheriff's designee who has charge of the	1791
sheriff's office in a conspicuous location in that office;	1792

(3) The superintendent of the state highway patrol or the	1793
superintendent's designee in a conspicuous location at all state	1794
highway patrol stations;	1795

(4) Each sheriff, chief of police, or person in charge of	1796
every county, multicounty, municipal, municipal-county, or	1797
multicounty-municipal jail or workhouse, community-based	1798
correctional facility, halfway house, alternative residential	1799
facility, or other local or state correctional institution or	1800
detention facility within the state, or that person's designee, in	1801
a conspicuous location at that facility under that person's	1802
charge;	1803

(5) The board of trustees of a regional airport authority,	1804
chief administrative officer of an airport facility, or other	1805
person in charge of an airport facility in a conspicuous location	1806
at each airport facility under that person's control;	1807

(6) The officer or officer's designee who has charge of a	1808
courthouse or the building or structure in which a courtroom is	1809
located in a conspicuous location in that building or structure;	1810

(7) The superintendent of the bureau of criminal	1811
identification and investigation or the superintendent's designee	1812
in a conspicuous location in all premises controlled by that	1813
bureau;	1814

(8) The owner, administrator, or operator of a child day-care	1815
center, a type A family day-care home, a type B family day-care	1816
home, or a type C family day-care home;	1817

(9) The officer of this state or of a political subdivision	1818
of this state, or the officer's designee, who has charge of a	1819
building that is a government facility of this state or the	1820
political subdivision of this state, as defined in section	1821
2923.126 of the Revised Code, and that is not a building that is	1822
used primarily as a shelter, restroom, parking facility for motor	1823
vehicles, or rest facility and is not a courthouse or other	1824
building or structure in which a courtroom is located that is	1825
subject to division (B)(3) of that section.	1826

(B) The following boards, bodies, and persons, or designees,	1827
shall post in the following locations a sign that contains a	1828
statement in substantially the following form: "Unless otherwise	1829
authorized by law, pursuant to Ohio Revised Code section 2923.122,	1830
no person shall knowingly possess, have under the person's	1831
control, convey, or attempt to convey a deadly weapon or dangerous	1832
ordnance into a school safety zone.":	1833

(1) A board of education of a city, local, exempted village,	1834
or joint vocational school district or that board's designee in a	1835
conspicuous location in each building and on each parcel of real	1836
property owned or controlled by the board;	1837

(2) A governing body of a school for which the state board of	1838
education prescribes minimum standards under section 3301.07 of	1839
the Revised Code or that body's designee in a conspicuous location	1840
in each building and on each parcel of real property owned or	1841
controlled by the school;	1842

(3) The principal or chief administrative officer of a	1843
nonpublic school in a conspicuous location on property owned or	1844
controlled by that nonpublic school.	1845

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

1846

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

1847

(a) A statement sworn by the person seeking to carry a	1848
concealed handgun that is made under threat of perjury and that	1849
states that the person has reasonable cause to fear a criminal	1850
attack upon the person or a member of the person's family, such as	1851
would justify a prudent person in going armed;	1852

(b) A written document prepared by a governmental entity or	1853
public official describing the facts that give the person seeking	1854
to carry a concealed handgun reasonable cause to fear a criminal	1855
attack upon the person or a member of the person's family, such as	1856
would justify a prudent person in going armed. Written documents	1857
of this nature include, but are not limited to, any temporary	1858
protection order, civil protection order, protection order issued	1859
by another state, or other court order, any court report, and any	1860
report filed with or made by a law enforcement agency or	1861
prosecutor.	1862

(2) "Prosecutor" has the same meaning as in section 2935.01	1863
of the Revised Code.	1864

(B)(1) A person seeking a temporary emergency license to	1865
carry a concealed handgun shall submit to the sheriff of the	1866
county in which the person resides all of the following:	1867

(a) Evidence of imminent danger to the person or a member of	1868
the person's family;	1869

(b) A sworn affidavit that contains all of the information	1870
required to be on the license and attesting that the person is	1871
legally living in the United States; is at least twenty-one years	1872
of age; is not a fugitive from justice; is not under indictment	1873
for or otherwise charged with an offense identified in division	1874
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1875
convicted of or pleaded guilty to an offense, and has not been	1876
adjudicated a delinquent child for committing an act, identified	1877
in division (D)(1)(e) of that section and to which division (B)(3)	1878
of this section does not apply; within three years of the date of	1879
the submission, has not been convicted of or pleaded guilty to an	1880
offense, and has not been adjudicated a delinquent child for	1881
committing an act, identified in division (D)(1)(f) of that	1882
section and to which division (B)(3) of this section does not	1883
apply; within five years of the date of the submission, has not	1884
been convicted of, pleaded guilty, or adjudicated a delinquent	1885
child for committing two or more violations identified in division	1886
(D)(1)(g) of that section; within ten years of the date of the	1887
submission, has not been convicted of, pleaded guilty, or	1888
adjudicated a delinquent child for committing a violation	1889
identified in division (D)(1)(h) of that section and to which	1890
division (B)(3) of this section does not apply; has not been	1891
adjudicated as a mental defective, has not been committed to any	1892
mental institution, is not under adjudication of mental	1893
incompetence, has not been found by a court to be a mentally ill	1894
person subject to hospitalization by court order, and is not an	1895
involuntary patient other than one who is a patient only for	1896
purposes of observation, as described in division (D)(1)(i) of	1897
that section; and is not currently subject to a civil protection	1898
order, a temporary protection order, or a protection order issued	1899
by a court of another state, as described in division (D)(1)(j) of	1900
that section; and is not currently subject to a suspension imposed	1901
under division (A)(2) of section 2923.128 of the Revised Code of a	1902
license to carry a concealed handgun, or a temporary emergency	1903
license to carry a concealed handgun, that previously was issued	1904
to the person;	1905

(c) A nonrefundable temporary emergency license fee as	1906
described in either of the following:	1907

(i) For an applicant who has been a resident of this state	1908
for five or more years, a fee of fifteen dollars plus the actual	1909
cost of having a background check performed by the bureau of	1910
criminal identification and investigation pursuant to section	1911
311.41 of the Revised Code;	1912

(ii) For an applicant who has been a resident of this state	1913
for less than five years, a fee of fifteen dollars plus the actual	1914
cost of having background checks performed by the federal bureau	1915
of investigation and the bureau of criminal identification and	1916
investigation pursuant to section 311.41 of the Revised Code.	1917

(d) A set of fingerprints of the applicant provided as	1918
described in section 311.41 of the Revised Code through use of an	1919
electronic fingerprint reading device or, if the sheriff to whom	1920
the application is submitted does not possess and does not have	1921
ready access to the use of an electronic fingerprint reading	1922
device, on a standard impression sheet prescribed pursuant to	1923
division (C)(2) of section 109.572 of the Revised Code. If the	1924
fingerprints are provided on a standard impression sheet, the	1925
person also shall provide the person's social security number to	1926
the sheriff.	1927

(2) A sheriff shall accept the evidence of imminent danger,	1928
the sworn affidavit, the fee, and the set of fingerprints required	1929
under division (B)(1) of this section at the times and in the	1930
manners described in division (I) of this section. Upon receipt of	1931
the evidence of imminent danger, the sworn affidavit, the fee, and	1932
the set of fingerprints required under division (B)(1) of this	1933
section, the sheriff, in the manner specified in section 311.41 of	1934
the Revised Code, immediately shall conduct or cause to be	1935
conducted the criminal records check and the incompetency records	1936
check described in section 311.41 of the Revised Code. Immediately	1937
upon receipt of the results of the records checks, the sheriff	1938
shall review the information and shall determine whether the	1939
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1940
section 2923.125 of the Revised Code apply regarding the person.	1941
If the sheriff determines that all of criteria set forth in	1942
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1943
Revised Code apply regarding the person, the sheriff shall	1944
immediately make available through the law enforcement automated	1945
data system all information that will be contained on the	1946
temporary emergency license for the person if one is issued, and	1947
the superintendent of the state highway patrol shall ensure that	1948
the system is so configured as to permit the transmission through	1949
the system of that information. Upon making that information	1950
available through the law enforcement automated data system, the	1951
sheriff shall immediately issue to the person a temporary	1952
emergency license to carry a concealed handgun.	1953

If the sheriff denies the issuance of a temporary emergency	1954
license to the person, the sheriff shall specify the grounds for	1955
the denial in a written notice to the person. The person may	1956
appeal the denial, or challenge criminal records check results	1957
that were the basis of the denial if applicable, in the same	1958
manners specified in division (D)(2) of section 2923.125 and in	1959
section 2923.127 of the Revised Code, regarding the denial of an	1960
application for a license to carry a concealed handgun under that	1961
section.	1962

The temporary emergency license under this division shall be	1963
in the form, and shall include all of the information, described	1964
in divisions (A)(2) and (5) of section 109.731 of the Revised	1965
Code, and also shall include a unique combination of identifying	1966
letters and numbers in accordance with division (A)(4) of that	1967
section.	1968

The temporary emergency license issued under this division is	1969
valid for ninety days and may not be renewed. A person who has	1970
been issued a temporary emergency license under this division	1971
shall not be issued another temporary emergency license unless at	1972
least four years has expired since the issuance of the prior	1973
temporary emergency license.	1974

(3) If a person seeking a temporary emergency license to	1975
carry a concealed handgun has been convicted of or pleaded guilty	1976
to an offense identified in division (D)(1)(e), (f), or (h) of	1977
section 2923.125 of the Revised Code or has been adjudicated a	1978
delinquent child for committing an act or violation identified in	1979
any of those divisions, and if a court has ordered the sealing or	1980
expungement of the records of that conviction, guilty plea, or	1981
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1982
2953.31 to 2953.36 of the Revised Code or a court has granted the	1983
applicant relief pursuant to section 2923.14 of the Revised Code	1984
from the disability imposed pursuant to section 2923.13 of the	1985
Revised Code relative to that conviction, guilty plea, or	1986
adjudication, the conviction, guilty plea, or adjudication shall	1987
not be relevant for purposes of the sworn affidavit described in	1988
division (B)(1)(b) of this section, and the person may complete,	1989
and swear to the truth of, the affidavit as if the conviction,	1990
guilty plea, or adjudication never had occurred.	1991

(4) The sheriff shall waive the payment pursuant to division	1992
(B)(1)(c) of this section of the license fee in connection with an	1993
application that is submitted by an applicant who is a retired	1994
peace officer, a retired person described in division (B)(1)(b) of	1995
section 109.77 of the Revised Code, or a retired federal law	1996
enforcement officer who, prior to retirement, was authorized under	1997
federal law to carry a firearm in the course of duty, unless the	1998
retired peace officer, person, or federal law enforcement officer	1999
retired as the result of a mental disability.	2000

The sheriff shall deposit all fees paid by an applicant under	2001
division (B)(1)(c) of this section into the sheriff's concealed	2002
handgun license issuance fund established pursuant to section	2003
311.42 of the Revised Code.	2004

(C) A person who holds a temporary emergency license to carry	2005
a concealed handgun has the same right to carry a concealed	2006
handgun as a person who was issued a license to carry a concealed	2007
handgun under section 2923.125 of the Revised Code, and any	2008
exceptions to the prohibitions contained in section 1547.69 and	2009
sections 2923.12 to 2923.16 of the Revised Code for a licensee	2010
under section 2923.125 of the Revised Code apply to a licensee	2011
under this section. The person is subject to the same	2012
restrictions, and to all other procedures, duties, and sanctions,	2013
that apply to a person who carries a license issued under section	2014
2923.125 of the Revised Code, other than the license renewal	2015
procedures set forth in that section.	2016

(D) A sheriff who issues a temporary emergency license to	2017
carry a concealed handgun under this section shall not require a	2018
person seeking to carry a concealed handgun in accordance with	2019
this section to submit a competency certificate as a prerequisite	2020
for issuing the license and shall comply with division (H) of	2021
section 2923.125 of the Revised Code in regards to the license.	2022
The sheriff shall suspend or revoke the license in accordance with	2023
section 2923.128 of the Revised Code. In addition to the	2024
suspension or revocation procedures set forth in section 2923.128	2025
of the Revised Code, the sheriff may revoke the license upon	2026
receiving information, verifiable by public documents, that the	2027
person is not eligible to possess a firearm under either the laws	2028
of this state or of the United States or that the person committed	2029
perjury in obtaining the license; if the sheriff revokes a license	2030
under this additional authority, the sheriff shall notify the	2031
person, by certified mail, return receipt requested, at the	2032
person's last known residence address that the license has been	2033
revoked and that the person is required to surrender the license	2034
at the sheriff's office within ten days of the date on which the	2035
notice was mailed. Division (H) of section 2923.125 of the Revised	2036
Code applies regarding any suspension or revocation of a temporary	2037
emergency license to carry a concealed handgun.	2038

(E) A sheriff who issues a temporary emergency license to	2039
carry a concealed handgun under this section shall retain, for the	2040
entire period during which the temporary emergency license is in	2041
effect, the evidence of imminent danger that the person submitted	2042
to the sheriff and that was the basis for the license, or a copy	2043
of that evidence, as appropriate.	2044

(F) If a temporary emergency license to carry a concealed	2045
handgun issued under this section is lost or is destroyed, the	2046
licensee may obtain from the sheriff who issued that license a	2047
duplicate license upon the payment of a fee of fifteen dollars and	2048
the submission of an affidavit attesting to the loss or	2049
destruction of the license. The sheriff, in accordance with the	2050
procedures prescribed in section 109.731 of the Revised Code,	2051
shall place on the replacement license a combination of	2052
identifying numbers different from the combination on the license	2053
that is being replaced.	2054

(G) The Ohio peace officer training commission shall	2055
prescribe, and shall make available to sheriffs, a standard form	2056
to be used under division (B) of this section by a person who	2057
applies for a temporary emergency license to carry a concealed	2058
handgun on the basis of imminent danger of a type described in	2059
division (A)(1)(a) of this section.	2060

(H) A sheriff who receives any fees paid by a person under	2061
this section shall deposit all fees so paid into the sheriff's	2062
concealed handgun license issuance expense fund established under	2063
section 311.42 of the Revised Code.	2064

(I) A sheriff shall accept evidence of imminent danger, a	2065
sworn affidavit, the fee, and the set of fingerprints specified in	2066
division (B)(1) of this section at any time during normal business	2067
hours. In no case shall a sheriff require an appointment, or	2068
designate a specific period of time, for the submission or	2069
acceptance of evidence of imminent danger, a sworn affidavit, the	2070
fee, and the set of fingerprints specified in division (B)(1) of	2071
this section, or for the provision to any person of a standard	2072
form to be used for a person to apply for a temporary emergency	2073
license to carry a concealed handgun.	2074

Sec. 2923.16.  (A) No person shall knowingly discharge a	2075
firearm while in or on a motor vehicle.	2076

(B) No person shall knowingly transport or have a loaded	2077
firearm in a motor vehicle in such a manner that the firearm is	2078
accessible to the operator or any passenger without leaving the	2079
vehicle.	2080

(C) No person shall knowingly transport or have a firearm in	2081
a motor vehicle, unless the person may lawfully possess that	2082
firearm under applicable law of this state or the United States,	2083
the firearm is unloaded, and the firearm is carried in one of the	2084
following ways:	2085

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

2086

(2) In a compartment that can be reached only by leaving the	2087
vehicle;	2088

(3) In plain sight and secured in a rack or holder made for	2089
the purpose;	2090

(4) If the firearm is at least twenty-four inches in overall	2091
length as measured from the muzzle to the part of the stock	2092
furthest from the muzzle and if the barrel is at least eighteen	2093
inches in length, either in plain sight with the action open or	2094
the weapon stripped, or, if the firearm is of a type on which the	2095
action will not stay open or which cannot easily be stripped, in	2096
plain sight.	2097

(D) No person shall knowingly transport or have a loaded	2098
handgun in a motor vehicle if, at the time of that transportation	2099
or possession, any of the following applies:	2100

(1) The person is under the influence of alcohol, a drug of	2101
abuse, or a combination of them.	2102

(2) The person's whole blood, blood serum or plasma, breath,	2103
or urine contains a concentration of alcohol, a listed controlled	2104
substance, or a listed metabolite of a controlled substance	2105
prohibited for persons operating a vehicle, as specified in	2106
division (A) of section 4511.19 of the Revised Code, regardless of	2107
whether the person at the time of the transportation or possession	2108
as described in this division is the operator of or a passenger in	2109
the motor vehicle.	2110

(E) No person who qualifies for a license or has been issued	2111
a valid license or temporary emergency license to carry a	2112
concealed handgun under section 2923.125 or 2923.1213 of the	2113
Revised Code shall do any of the following:	2114

(1) Knowingly transport or have a loaded handgun in a motor	2115
vehicle unless one of the following applies:	2116

(a) The loaded handgun is in a holster on the person's	2117
person.	2118

(b) The loaded handgun is in a closed case, bag, box, or	2119
other container that is in plain sight and that has a lid, a	2120
cover, or a closing mechanism with a zipper, snap, or buckle,	2121
which lid, cover, or closing mechanism must be opened for a person	2122
to gain access to the handgun.	2123

(c) The loaded handgun is securely encased by being stored in	2124
a closed glove compartment or vehicle console or in a case that is	2125
locked.	2126

(2) If the person is transporting or has a loaded handgun in	2127
a motor vehicle in a manner authorized under division (E)(1) of	2128
this section, knowingly remove or attempt to remove the loaded	2129
handgun from the holster, case, bag, box, container, or glove	2130
compartment, knowingly grasp or hold the loaded handgun, or	2131
knowingly have contact with the loaded handgun by touching it with	2132
the person's hands or fingers while the motor vehicle is being	2133
operated on a street, highway, or public property unless the	2134
person removes, attempts to remove, grasps, holds, or has the	2135
contact with the loaded handgun pursuant to and in accordance with	2136
directions given by a law enforcement officer;	2137

(3) If the person is the driver or an occupant of a motor	2138
vehicle that is stopped as a result of a traffic stop or a stop	2139
for another law enforcement purpose or is the driver or an	2140
occupant of a commercial motor vehicle that is stopped by an	2141
employee of the motor carrier enforcement unit for the purposes	2142
defined in section 5503.34 of the Revised Code, and if the person	2143
is transporting or has a loaded handgun in the motor vehicle or	2144
commercial motor vehicle in any manner, fail to do any of the	2145
following that is applicable:	2146

(a) If the person is the driver or an occupant of a motor	2147
vehicle stopped as a result of a traffic stop or a stop for	2148
another law enforcement purpose, fail to promptly inform any law	2149
enforcement officer who approaches the vehicle while stopped that	2150
the person has been issued a license or temporary emergency	2151
license to carry a concealed handgun and that the person then	2152
possesses or has a loaded handgun in the motor vehicle;	2153

(b) If the person is the driver or an occupant of a	2154
commercial motor vehicle stopped by an employee of the motor	2155
carrier enforcement unit for any of the defined purposes, fail to	2156
promptly inform the employee of the unit who approaches the	2157
vehicle while stopped that the person has been issued a license or	2158
temporary emergency license to carry a concealed handgun and that	2159
the person then possesses or has a loaded handgun in the	2160
commercial motor vehicle.	2161

(4) If the person is the driver or an occupant of a motor	2162
vehicle that is stopped as a result of a traffic stop or a stop	2163
for another law enforcement purpose and if the person is	2164
transporting or has a loaded handgun in the motor vehicle in any	2165
manner, knowingly fail to remain in the motor vehicle while	2166
stopped or knowingly fail to keep the person's hands in plain	2167
sight at any time after any law enforcement officer begins	2168
approaching the person while stopped and before the law	2169
enforcement officer leaves, unless the failure is pursuant to and	2170
in accordance with directions given by a law enforcement officer;	2171

(5) If the personwho is the driver or an occupant of a motor	2172
vehicle that is stopped as a result of a traffic stop or a stop	2173
for another law enforcement purpose, if the personand who is	2174
transporting or has a loaded handgun in the motor vehicle in a	2175
manner authorized under division (E)(1) of this section, and if	2176
the person is approached by any law enforcement officer while	2177
stopped, knowingly remove or attempt to remove the loaded handgun	2178
from the holster, case, bag, box, container, or glove compartment,	2179
knowingly grasp or hold the loaded handgun, or knowingly have	2180
contact with the loaded handgun by touching it with the person's	2181
hands or fingers in the motor vehicle at any time after the law	2182
enforcement officer begins approaching and before the law	2183
enforcement officer leavesshall, while stopped, knowingly	2184
brandish the loaded handgun in a menacing manner while a law	2185
enforcement officer is approaching the vehicle or in a law	2186
enforcement officer's presence, knowingly threaten a law	2187
enforcement officer with the loaded handgun, knowingly point the	2188
loaded handgun at a law enforcement officer, or otherwise	2189
knowingly cause a law enforcement officer to believe that the	2190
person will cause or attempt to cause physical harm to a law	2191
enforcement officer with the handgun, unless the person removes,	2192
attempts to remove, grasps, holds, or has contact with the loaded	2193
handgunengages in the conduct pursuant to and in accordance with	2194
directions given by the law enforcement officer;	2195

(6) If the person is the driver or an occupant of a motor	2196
vehicle that is stopped as a result of a traffic stop or a stop	2197
for another law enforcement purpose and if the person is	2198
transporting or has a loaded handgun in the motor vehicle in any	2199
manner, knowingly disregard or fail to comply with any lawful	2200
order of any law enforcement officer given while the motor vehicle	2201
is stopped, including, but not limited to, a specific order to the	2202
person to keep the person's hands in plain sight.	2203

(F)(1) Divisions (A), (B), and (C), and (E) of this section	2204
do not apply to any of the following:	2205

(a) An officer, agent, or employee of this or any other state	2206
or the United States, or a law enforcement officer, when	2207
authorized to carry or have loaded or accessible firearms in motor	2208
vehicles and acting within the scope of the officer's, agent's, or	2209
employee's duties;	2210

(b) Any person who is employed in this state, who is	2211
authorized to carry or have loaded or accessible firearms in motor	2212
vehicles, and who is subject to and in compliance with the	2213
requirements of section 109.801 of the Revised Code, unless the	2214
appointing authority of the person has expressly specified that	2215
the exemption provided in division (F)(1)(b) of this section does	2216
not apply to the person.	2217

(2) Division (A) of this section does not apply to a person	2218
if all of the following circumstances apply:	2219

(a) The person discharges a firearm from a motor vehicle at a	2220
coyote or groundhog, the discharge is not during the deer gun	2221
hunting season as set by the chief of the division of wildlife of	2222
the department of natural resources, and the discharge at the	2223
coyote or groundhog, but for the operation of this section, is	2224
lawful.	2225

(b) The motor vehicle from which the person discharges the	2226
firearm is on real property that is located in an unincorporated	2227
area of a township and that either is zoned for agriculture or is	2228
used for agriculture.	2229

(c) The person owns the real property described in division	2230
(F)(2)(b) of this section, is the spouse or a child of another	2231
person who owns that real property, is a tenant of another person	2232
who owns that real property, or is the spouse or a child of a	2233
tenant of another person who owns that real property.	2234

(d) The person does not discharge the firearm in any of the	2235
following manners:	2236

(i) While under the influence of alcohol, a drug of abuse, or	2237
alcohol and a drug of abuse;	2238

(ii) In the direction of a street, highway, or other public	2239
or private property used by the public for vehicular traffic or	2240
parking;	2241

(iii) At or into an occupied structure that is a permanent or	2242
temporary habitation;	2243

(iv) In the commission of any violation of law, including,	2244
but not limited to, a felony that includes, as an essential	2245
element, purposely or knowingly causing or attempting to cause the	2246
death of or physical harm to another and that was committed by	2247
discharging a firearm from a motor vehicle.	2248

(3) Division (A) of this section does not apply to a person	2249
if all of the following apply:	2250

(a) The person possesses a valid electric-powered all-purpose	2251
vehicle permit issued under section 1533.103 of the Revised Code	2252
by the chief of the division of wildlife.	2253

(b) The person discharges a firearm at a wild quadruped or	2254
game bird as defined in section 1531.01 of the Revised Code during	2255
the open hunting season for the applicable wild quadruped or game	2256
bird.	2257

(c) The person discharges a firearm from a stationary	2258
electric-powered all-purpose vehicle as defined in section 1531.01	2259
of the Revised Code or a motor vehicle that is parked on a road	2260
that is owned or administered by the division of wildlife,	2261
provided that the road is identified by an electric-powered	2262
all-purpose vehicle sign.	2263

(d) The person does not discharge the firearm in any of the	2264
following manners:	2265

(i) While under the influence of alcohol, a drug of abuse, or	2266
alcohol and a drug of abuse;	2267

(ii) In the direction of a street, a highway, or other public	2268
or private property that is used by the public for vehicular	2269
traffic or parking;	2270

(iii) At or into an occupied structure that is a permanent or	2271
temporary habitation;	2272

(iv) In the commission of any violation of law, including,	2273
but not limited to, a felony that includes, as an essential	2274
element, purposely or knowingly causing or attempting to cause the	2275
death of or physical harm to another and that was committed by	2276
discharging a firearm from a motor vehicle.	2277

(4) Division (A) of this section does not apply to a person	2278
who discharges a firearm in self-defense while in or on a motor	2279
vehicle.	2280

(5) Divisions (B) and (C) of this section do not apply to a	2281
person if all of the following circumstances apply:	2282

(a) At the time of the alleged violation of either of those	2283
divisions, the person is the operator of or a passenger in a motor	2284
vehicle.	2285

(b) The motor vehicle is on real property that is located in	2286
an unincorporated area of a township and that either is zoned for	2287
agriculture or is used for agriculture.	2288

(c) The person owns the real property described in division	2289
(D)(4)(F)(5)(b) of this section, is the spouse or a child of	2290
another person who owns that real property, is a tenant of another	2291
person who owns that real property, or is the spouse or a child of	2292
a tenant of another person who owns that real property.	2293

(d) The person, prior to arriving at the real property	2294
described in division (D)(4)(F)(5)(b) of this section, did not	2295
transport or possess a firearm in the motor vehicle in a manner	2296
prohibited by division (B) or (C) of this section while the motor	2297
vehicle was being operated on a street, highway, or other public	2298
or private property used by the public for vehicular traffic or	2299
parking.	2300

(5)(6) Divisions (B) and (C) of this section do not apply to	2301
a person who transports or possesses a handgun in a motor vehicle	2302
if, at the time of that transportation or possession, allboth of	2303
the following apply:	2304

(a) The person transporting or possessing the handgun is	2305
carryingqualifies for a license or has a valid license or	2306
temporary emergency license to carry a concealed handgun issued to	2307
the person under section 2923.125 or 2923.1213 of the Revised Code	2308
or a license to carry a concealed handgun that was issued by	2309
another state with which the attorney general has entered into a	2310
reciprocity agreement under section 109.69 of the Revised Code.	2311

(b) The person transporting or possessing the handgun is not	2312
knowingly in a place described in division (B) of section 2923.126	2313
of the Revised Code.	2314

(c) One of the following applies:

2315

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

2316

(ii) The handgun is in a closed case, bag, box, or other	2317
container that is in plain sight and that has a lid, a cover, or a	2318
closing mechanism with a zipper, snap, or buckle, which lid,	2319
cover, or closing mechanism must be opened for a person to gain	2320
access to the handgun.	2321

(iii) The handgun is securely encased by being stored in a	2322
closed glove compartment or vehicle console or in a case that is	2323
locked.	2324

(6)(7) Divisions (B) and (C) of this section do not apply to	2325
a person if all of the following apply:	2326

(a) The person possesses a valid electric-powered all-purpose	2327
vehicle permit issued under section 1533.103 of the Revised Code	2328
by the chief of the division of wildlife.	2329

(b) The person is on or in an electric-powered all-purpose	2330
vehicle as defined in section 1531.01 of the Revised Code or a	2331
motor vehicle during the open hunting season for a wild quadruped	2332
or game bird.	2333

(c) The person is on or in an electric-powered all-purpose	2334
vehicle as defined in section 1531.01 of the Revised Code or a	2335
motor vehicle that is parked on a road that is owned or	2336
administered by the division of wildlife, provided that the road	2337
is identified by an electric-powered all-purpose vehicle sign.	2338

(G)(1) The affirmative defenses authorized in divisions	2339
(D)(1) and (2)division (C) of section 2923.12 of the Revised Code	2340
are affirmative defenses to a charge under division (B) or (C) of	2341
this section that involves a firearm other than a handgun.	2342

(2) It is an affirmative defense to a charge under division	2343
(B) or (C) of this section of improperly handling firearms in a	2344
motor vehicle that the actor transported or had the firearm in the	2345
motor vehicle for any lawful purpose and while the motor vehicle	2346
was on the actor's own property, provided that this affirmative	2347
defense is not available unless the person, immediately prior to	2348
arriving at the actor's own property, did not transport or possess	2349
the firearm in a motor vehicle in a manner prohibited by division	2350
(B) or (C) of this section while the motor vehicle was being	2351
operated on a street, highway, or other public or private property	2352
used by the public for vehicular traffic.	2353

(H) No person who is charged with a violation of division	2354
(B), (C), or (D) of this section shall be required to obtain a	2355
competency certification or a license or temporary emergency	2356
license to carry a concealed handgun under section 2923.125 or	2357
2923.1213 of the Revised Code as a condition for the dismissal of	2358
the charge.	2359

(I) Whoever violates this section is guilty of improperly	2360
handling firearms in a motor vehicle. Violation of division (A) of	2361
this section is a felony of the fourth degree. Violation of	2362
division (C) of this section is a misdemeanor of the fourth	2363
degree. A violation of division (D) of this section is a felony of	2364
the fifth degree or, if the loaded handgun is concealed on the	2365
person's person, a felony of the fourth degree. Except as	2366
otherwise provided in this division, a violation of division	2367
(E)(3) of this section is a misdemeanor of the first degree, and,	2368
in addition to any other penalty or sanction imposed for the	2369
violation, the offender's license or temporary emergency license	2370
to carry a concealed handgun shall be suspended pursuant to	2371
division (A)(2) of section 2923.128 of the Revised Code. If at the	2372
time of the stop of the offender for a traffic stop, for another	2373
law enforcement purpose, or for a purpose defined in section	2374
5503.34 of the Revised Code that was the basis of the violation	2375
any law enforcement officer involved with the stop or the employee	2376
of the motor carrier enforcement unit who made the stop had actual	2377
knowledge of the offender's status as a licensee, a violation of	2378
division (E)(3) of this section is a minor misdemeanor, and the	2379
offender's license or temporary emergency license to carry a	2380
concealed handgun shall not be suspended pursuant to division	2381
(A)(2) of section 2923.128 of the Revised Code. A violation of	2382
division (E)(1), (2), or (5) of this section is a felony of the	2383
fifth degree. A violation of division (E)(4) or (6) of this	2384
section is a misdemeanor of the first degree or, if the offender	2385
previously has been convicted of or pleaded guilty to a violation	2386
of division (E)(4) or (6) of this section, a felony of the fifth	2387
degree. In addition to any other penalty or sanction imposed for a	2388
misdemeanor violation of division (E)(4) or (6) of this section,	2389
the offender's license or temporary emergency license to carry a	2390
concealed handgun shall be suspended pursuant to division (A)(2)	2391
of section 2923.128 of the Revised Code. A violation of division	2392
(B) of this section is whichever of the following is applicable:	2393

(1) If, at the time of the transportation or possession in	2394
violation of division (B) of this section, the offender was	2395
carrying a valid license or temporary emergency license to carry a	2396
concealed handgun issued to the offender under section 2923.125 or	2397
2923.1213 of the Revised Code or a license to carry a concealed	2398
handgun that was issued by another state with which the attorney	2399
general has entered into a reciprocity agreement under section	2400
109.69 of the Revised Code and the offender was not knowingly in a	2401
place described in division (B) of section 2923.126 of the Revised	2402
Code, the violation is a misdemeanor of the first degree or, if	2403
the offender previously has been convicted of or pleaded guilty to	2404
a violation of division (B) of this section, a felony of the	2405
fourth degree.	2406

(2) If division (I)(1) of this section does not apply, a	2407
felony of the fourth degree.	2408

(J) If a law enforcement officer stops a motor vehicle for a	2409
traffic stop or any other purpose, if any person in the motor	2410
vehicle surrenders a firearm to the officer, either voluntarily or	2411
pursuant to a request or demand of the officer, and if the officer	2412
does not charge the person with a violation of this section or	2413
arrest the person for any offense, the person is not otherwise	2414
prohibited by law from possessing the firearm, and the firearm is	2415
not contraband, the officer shall return the firearm to the person	2416
at the termination of the stop. If a court orders a law	2417
enforcement officer to return a firearm to a person pursuant to	2418
the requirement set forth in this division, division (B) of	2419
section 2923.163 of the Revised Code applies.	2420

(K) As used in this section:

2421

(1) "Motor vehicle," "street," and "highway" have the same	2422
meanings as in section 4511.01 of the Revised Code.	2423

(2) "Occupied structure" has the same meaning as in section	2424
2909.01 of the Revised Code.	2425

(3) "Agriculture" has the same meaning as in section 519.01	2426
of the Revised Code.	2427

(4) "Tenant" has the same meaning as in section 1531.01 of	2428
the Revised Code.	2429

(5) "Unloaded" means any of the following:

2430

(a) No ammunition is in the firearm in question, and no	2431
ammunition is loaded into a magazine or speed loader that may be	2432
used with the firearm in question and that is located anywhere	2433
within the vehicle in question, without regard to where ammunition	2434
otherwise is located within the vehicle in question. For the	2435
purposes of division (K)(5)(a) of this section, ammunition held in	2436
stripper-clips or in en-bloc clips is not considered ammunition	2437
that is loaded into a magazine or speed loader.	2438

(b) With respect to a firearm employing a percussion cap,	2439
flintlock, or other obsolete ignition system, when the weapon is	2440
uncapped or when the priming charge is removed from the pan.	2441

(6) "Commercial motor vehicle" has the same meaning as in	2442
division (A) of section 4506.25 of the Revised Code.	2443

(7) "Motor carrier enforcement unit" means the motor carrier	2444
enforcement unit in the department of public safety, division of	2445
state highway patrol, that is created by section 5503.34 of the	2446
Revised Code.	2447

Section 2. That existing sections 1547.69, 2923.11, 2923.12,	2448
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128,	2449
2923.1212, 2923.1213, and 2923.16 of the Revised Code are hereby	2450
repealed.	2451