As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 288

Representative Combs 

Cosponsors: Representatives O'Brien, Carey, Derickson, Grossman, Johnson, Wachtmann, Maag, Hackett, Yuko 

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A BILL

To amend sections 2744.01, 2923.121, 2923.122,

1

2923.123, and 2923.126 of the Revised Code to

2

grant an emergency medical technician who is

3

providing volunteer medical assistance to a

4

county, township, or municipal SWAT team at the

5

SWAT team's request the same civil immunity

6

granted to a political subdivision employee and to

7

permit such an emergency medical technician to

8

carry a firearm onto, or possess a firearm on,

9

lands and premises during the time that the

10

technician is providing such medical assistance.

11

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

Section 1. That sections 2744.01, 2923.121, 2923.122,	12
2923.123, and 2923.126 of the Revised Code be amended to read as	13
follows:	14

Sec. 2744.01.  As used in this chapter:

15

(A) "Emergency call" means a call to duty, including, but not	16
limited to, communications from citizens, police dispatches, and	17
personal observations by peace officers of inherently dangerous	18
situations that demand an immediate response on the part of a	19
peace officer.	20

(B) "Employee" means an officer, agent, employee, or servant,	21
whether or not compensated or full-time or part-time, who is	22
authorized to act and is acting within the scope of the officer's,	23
agent's, employee's, or servant's employment for a political	24
subdivision. "Employee" does not include an independent contractor	25
and does not include any individual engaged by a school district	26
pursuant to section 3319.301 of the Revised Code. "Employee"	27
includes any elected or appointed official of a political	28
subdivision. "Employee" also includes a person who has been	29
convicted of or pleaded guilty to a criminal offense and who has	30
been sentenced to perform community service work in a political	31
subdivision whether pursuant to section 2951.02 of the Revised	32
Code or otherwise, and a child who is found to be a delinquent	33
child and who is ordered by a juvenile court pursuant to section	34
2152.19 or 2152.20 of the Revised Code to perform community	35
service or community work in a political subdivision. Employee	36
also includes a volunteer tactical emergency medical technician	37
providing medical assistance to a SWAT team at the request of the	38
SWAT team, whether or not the technician is an actual employee of	39
a political subdivision.	40

(C)(1) "Governmental function" means a function of a	41
political subdivision that is specified in division (C)(2) of this	42
section or that satisfies any of the following:	43

(a) A function that is imposed upon the state as an	44
obligation of sovereignty and that is performed by a political	45
subdivision voluntarily or pursuant to legislative requirement;	46

(b) A function that is for the common good of all citizens of	47
the state;	48

(c) A function that promotes or preserves the public peace,	49
health, safety, or welfare; that involves activities that are not	50
engaged in or not customarily engaged in by nongovernmental	51
persons; and that is not specified in division (G)(2) of this	52
section as a proprietary function.	53

(2) A "governmental function" includes, but is not limited	54
to, the following:	55

(a) The provision or nonprovision of police, fire, emergency	56
medical, ambulance, and rescue services or protection;	57

(b) The power to preserve the peace; to prevent and suppress	58
riots, disturbances, and disorderly assemblages; to prevent,	59
mitigate, and clean up releases of oil and hazardous and extremely	60
hazardous substances as defined in section 3750.01 of the Revised	61
Code; and to protect persons and property;	62

(c) The provision of a system of public education;

63

(d) The provision of a free public library system;

64

(e) The regulation of the use of, and the maintenance and	65
repair of, roads, highways, streets, avenues, alleys, sidewalks,	66
bridges, aqueducts, viaducts, and public grounds;	67

(f) Judicial, quasi-judicial, prosecutorial, legislative, and	68
quasi-legislative functions;	69

(g) The construction, reconstruction, repair, renovation,	70
maintenance, and operation of buildings that are used in	71
connection with the performance of a governmental function,	72
including, but not limited to, office buildings and courthouses;	73

(h) The design, construction, reconstruction, renovation,	74
repair, maintenance, and operation of jails, places of juvenile	75
detention, workhouses, or any other detention facility, as defined	76
in section 2921.01 of the Revised Code;	77

(i) The enforcement or nonperformance of any law;

78

(j) The regulation of traffic, and the erection or	79
nonerection of traffic signs, signals, or control devices;	80

(k) The collection and disposal of solid wastes, as defined	81
in section 3734.01 of the Revised Code, including, but not limited	82
to, the operation of solid waste disposal facilities, as	83
"facilities" is defined in that section, and the collection and	84
management of hazardous waste generated by households. As used in	85
division (C)(2)(k) of this section, "hazardous waste generated by	86
households" means solid waste originally generated by individual	87
households that is listed specifically as hazardous waste in or	88
exhibits one or more characteristics of hazardous waste as defined	89
by rules adopted under section 3734.12 of the Revised Code, but	90
that is excluded from regulation as a hazardous waste by those	91
rules.	92

(l) The provision or nonprovision, planning or design,	93
construction, or reconstruction of a public improvement,	94
including, but not limited to, a sewer system;	95

(m) The operation of a job and family services department or	96
agency, including, but not limited to, the provision of assistance	97
to aged and infirm persons and to persons who are indigent;	98

(n) The operation of a health board, department, or agency,	99
including, but not limited to, any statutorily required or	100
permissive program for the provision of immunizations or other	101
inoculations to all or some members of the public, provided that a	102
"governmental function" does not include the supply, manufacture,	103
distribution, or development of any drug or vaccine employed in	104
any such immunization or inoculation program by any supplier,	105
manufacturer, distributor, or developer of the drug or vaccine;	106

(o) The operation of mental health facilities, mental	107
retardation or developmental disabilities facilities, alcohol	108
treatment and control centers, and children's homes or agencies;	109

(p) The provision or nonprovision of inspection services of	110
all types, including, but not limited to, inspections in	111
connection with building, zoning, sanitation, fire, plumbing, and	112
electrical codes, and the taking of actions in connection with	113
those types of codes, including, but not limited to, the approval	114
of plans for the construction of buildings or structures and the	115
issuance or revocation of building permits or stop work orders in	116
connection with buildings or structures;	117

(q) Urban renewal projects and the elimination of slum	118
conditions;	119

(r) Flood control measures;

120

(s) The design, construction, reconstruction, renovation,	121
operation, care, repair, and maintenance of a township cemetery;	122

(t) The issuance of revenue obligations under section 140.06	123
of the Revised Code;	124

(u) The design, construction, reconstruction, renovation,	125
repair, maintenance, and operation of any school athletic	126
facility, school auditorium, or gymnasium or any recreational area	127
or facility, including, but not limited to, any of the following:	128

(i) A park, playground, or playfield;

129

(ii) An indoor recreational facility;

130

(iii) A zoo or zoological park;

131

(iv) A bath, swimming pool, pond, water park, wading pool,	132
wave pool, water slide, or other type of aquatic facility;	133

(v) A golf course;

134

(vi) A bicycle motocross facility or other type of	135
recreational area or facility in which bicycling, skating, skate	136
boarding, or scooter riding is engaged;	137

(vii) A rope course or climbing walls;

138

(viii) An all-purpose vehicle facility in which all-purpose	139
vehicles, as defined in section 4519.01 of the Revised Code, are	140
contained, maintained, or operated for recreational activities.	141

(v) The provision of public defender services by a county or	142
joint county public defender's office pursuant to Chapter 120. of	143
the Revised Code;	144

(w)(i) At any time before regulations prescribed pursuant to	145
49 U.S.C.A 20153 become effective, the designation, establishment,	146
design, construction, implementation, operation, repair, or	147
maintenance of a public road rail crossing in a zone within a	148
municipal corporation in which, by ordinance, the legislative	149
authority of the municipal corporation regulates the sounding of	150
locomotive horns, whistles, or bells;	151

(ii) On and after the effective date of regulations	152
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	153
establishment, design, construction, implementation, operation,	154
repair, or maintenance of a public road rail crossing in such a	155
zone or of a supplementary safety measure, as defined in 49	156
U.S.C.A 20153, at or for a public road rail crossing, if and to	157
the extent that the public road rail crossing is excepted,	158
pursuant to subsection (c) of that section, from the requirement	159
of the regulations prescribed under subsection (b) of that	160
section.	161

(x) A function that the general assembly mandates a political	162
subdivision to perform.	163

(D) "Law" means any provision of the constitution, statutes,	164
or rules of the United States or of this state; provisions of	165
charters, ordinances, resolutions, and rules of political	166
subdivisions; and written policies adopted by boards of education.	167
When used in connection with the "common law," this definition	168
does not apply.	169

(E) "Motor vehicle" has the same meaning as in section	170
4511.01 of the Revised Code.	171

(F) "Political subdivision" or "subdivision" means a	172
municipal corporation, township, county, school district, or other	173
body corporate and politic responsible for governmental activities	174
in a geographic area smaller than that of the state. "Political	175
subdivision" includes, but is not limited to, a county hospital	176
commission appointed under section 339.14 of the Revised Code,	177
board of hospital commissioners appointed for a municipal hospital	178
under section 749.04 of the Revised Code, board of hospital	179
trustees appointed for a municipal hospital under section 749.22	180
of the Revised Code, regional planning commission created pursuant	181
to section 713.21 of the Revised Code, county planning commission	182
created pursuant to section 713.22 of the Revised Code, joint	183
planning council created pursuant to section 713.231 of the	184
Revised Code, interstate regional planning commission created	185
pursuant to section 713.30 of the Revised Code, port authority	186
created pursuant to section 4582.02 or 4582.26 of the Revised Code	187
or in existence on December 16, 1964, regional council established	188
by political subdivisions pursuant to Chapter 167. of the Revised	189
Code, emergency planning district and joint emergency planning	190
district designated under section 3750.03 of the Revised Code,	191
joint emergency medical services district created pursuant to	192
section 307.052 of the Revised Code, fire and ambulance district	193
created pursuant to section 505.375 of the Revised Code, joint	194
interstate emergency planning district established by an agreement	195
entered into under that section, county solid waste management	196
district and joint solid waste management district established	197
under section 343.01 or 343.012 of the Revised Code, community	198
school established under Chapter 3314. of the Revised Code, the	199
county or counties served by a community-based correctional	200
facility and program or district community-based correctional	201
facility and program established and operated under sections	202
2301.51 to 2301.58 of the Revised Code, a community-based	203
correctional facility and program or district community-based	204
correctional facility and program that is so established and	205
operated, and the facility governing board of a community-based	206
correctional facility and program or district community-based	207
correctional facility and program that is so established and	208
operated.	209

(G)(1) "Proprietary function" means a function of a political	210
subdivision that is specified in division (G)(2) of this section	211
or that satisfies both of the following:	212

(a) The function is not one described in division (C)(1)(a)	213
or (b) of this section and is not one specified in division (C)(2)	214
of this section;	215

(b) The function is one that promotes or preserves the public	216
peace, health, safety, or welfare and that involves activities	217
that are customarily engaged in by nongovernmental persons.	218

(2) A "proprietary function" includes, but is not limited to,	219
the following:	220

(a) The operation of a hospital by one or more political	221
subdivisions;	222

(b) The design, construction, reconstruction, renovation,	223
repair, maintenance, and operation of a public cemetery other than	224
a township cemetery;	225

(c) The establishment, maintenance, and operation of a	226
utility, including, but not limited to, a light, gas, power, or	227
heat plant, a railroad, a busline or other transit company, an	228
airport, and a municipal corporation water supply system;	229

(d) The maintenance, destruction, operation, and upkeep of a	230
sewer system;	231

(e) The operation and control of a public stadium,	232
auditorium, civic or social center, exhibition hall, arts and	233
crafts center, band or orchestra, or off-street parking facility.	234

(H) "Public roads" means public roads, highways, streets,	235
avenues, alleys, and bridges within a political subdivision.	236
"Public roads" does not include berms, shoulders, rights-of-way,	237
or traffic control devices unless the traffic control devices are	238
mandated by the Ohio manual of uniform traffic control devices.	239

(I) "State" means the state of Ohio, including, but not	240
limited to, the general assembly, the supreme court, the offices	241
of all elected state officers, and all departments, boards,	242
offices, commissions, agencies, colleges and universities,	243
institutions, and other instrumentalities of the state of Ohio.	244
"State" does not include political subdivisions.	245

(J) "SWAT team" means a special weapons and tactics team of a	246
county, township, or municipal law enforcement agency.	247

(K) "Tactical emergency medical technician" means any of the	248
following who is a volunteer providing medical assistance to a	249
SWAT team at the request of the SWAT team:	250

(a) A first responder, emergency medical service	251
technician-basic, emergency medical service	252
technician-intermediate, or emergency medical service	253
technician-paramedic who is licensed under Chapter 4765. of the	254
Revised Code;	255

(b) A physician who holds a current, valid certificate issued	256
under Chapter 4731. of the Revised Code;	257

(c) A nurse who holds a current, valid license issued under	258
Chapter 4723. of the Revised Code.	259

(L) "Volunteer" means a person who provides assistance either	260
for no compensation or for compensation that does not exceed the	261
actual expenses incurred in providing the assistance or in	262
training to provide the assistance.	263

Sec. 2923.121.  (A) No person shall possess a firearm in any	264
room in which any person is consuming liquor in premises for which	265
a D permit has been issued under Chapter 4303. of the Revised Code	266
or in an open air arena for which a permit of that nature has been	267
issued.	268

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

269

(a) An officer, agent, or employee of this or any other state	270
or the United States, or to a law enforcement officer, who is	271
authorized to carry firearms and is acting within the scope of the	272
officer's, agent's, or employee's duties;	273

(b) Any person who is employed in this state, who is	274
authorized to carry firearms, and who is subject to and in	275
compliance with the requirements of section 109.801 of the Revised	276
Code, unless the appointing authority of the person has expressly	277
specified that the exemption provided in division (B)(1)(b) of	278
this section does not apply to the person;	279

(c) Any room used for the accommodation of guests of a hotel,	280
as defined in section 4301.01 of the Revised Code;	281

(d) The principal holder of a D permit issued for premises or	282
an open air arena under Chapter 4303. of the Revised Code while in	283
the premises or open air arena for which the permit was issued if	284
the principal holder of the D permit also possesses a valid	285
license or temporary emergency license to carry a concealed	286
handgun issued to the principal holder under section 2923.125 or	287
2923.1213 of the Revised Code or a license to carry a concealed	288
handgun that was issued to the principal holder by another state	289
with which the attorney general has entered into a reciprocity	290
agreement under section 109.69 of the Revised Code and as long as	291
the principal holder is not consuming liquor or under the	292
influence of alcohol or a drug of abuse, or any agent or employee	293
of that holder who also is a peace officer, as defined in section	294
2151.3515 of the Revised Code, who is off duty, and who otherwise	295
is authorized to carry firearms while in the course of the	296
officer's official duties and while in the premises or open air	297
arena for which the permit was issued and as long as the agent or	298
employee of that holder is not consuming liquor or under the	299
influence of alcohol or a drug of abuse.	300

(e) Any person who is carrying a valid license or temporary	301
emergency license to carry a concealed handgun issued to the	302
person under section 2923.125 or 2923.1213 of the Revised Code or	303
a license to carry a concealed handgun that was issued to the	304
person by another state with which the attorney general has	305
entered into a reciprocity agreement under section 109.69 of the	306
Revised Code and who possesses the firearm in a retail store with	307
D-6 and D-8 permits issued for that store under sections 4303.182	308
and 4303.184 of the Revised Code or a D-8 permit issued for that	309
store under section 4303.184 of the Revised Code, as long as the	310
person is not consuming liquor or under the influence of alcohol	311
or a drug of abuse.	312

(f)(i) A tactical emergency medical technician who is in open	313
possession of a firearm during the time that the tactical	314
emergency medical technician is performing the official duties of	315
a tactical emergency medical technician.	316

(ii) As used in division (B)(1)(f)(i) of this section,	317
"tactical emergency medical technician" has the same meaning as in	318
section 2744.01 of the Revised Code.	319

(2) This section does not prohibit any person who is a member	320
of a veteran's organization, as defined in section 2915.01 of the	321
Revised Code, from possessing a rifle in any room in any premises	322
owned, leased, or otherwise under the control of the veteran's	323
organization, if the rifle is not loaded with live ammunition and	324
if the person otherwise is not prohibited by law from having the	325
rifle.	326

(3) This section does not apply to any person possessing or	327
displaying firearms in any room used to exhibit unloaded firearms	328
for sale or trade in a soldiers' memorial established pursuant to	329
Chapter 345. of the Revised Code, in a convention center, or in	330
any other public meeting place, if the person is an exhibitor,	331
trader, purchaser, or seller of firearms and is not otherwise	332
prohibited by law from possessing, trading, purchasing, or selling	333
the firearms.	334

(C) It is an affirmative defense to a charge under this	335
section of illegal possession of a firearm in liquor permit	336
premises that involves the possession of a firearm other than a	337
handgun, that the actor was not otherwise prohibited by law from	338
having the firearm, and that any of the following apply:	339

(1) The firearm was carried or kept ready at hand by the	340
actor for defensive purposes, while the actor was engaged in or	341
was going to or from the actor's lawful business or occupation,	342
which business or occupation was of such character or was	343
necessarily carried on in such manner or at such a time or place	344
as to render the actor particularly susceptible to criminal	345
attack, such as would justify a prudent person in going armed.	346

(2) The firearm was carried or kept ready at hand by the	347
actor for defensive purposes, while the actor was engaged in a	348
lawful activity, and had reasonable cause to fear a criminal	349
attack upon the actor or a member of the actor's family, or upon	350
the actor's home, such as would justify a prudent person in going	351
armed.	352

(D) No person who is charged with a violation of this section	353
shall be required to obtain a license or temporary emergency	354
license to carry a concealed handgun under section 2923.125 or	355
2923.1213 of the Revised Code as a condition for the dismissal of	356
the charge.	357

(E) Whoever violates this section is guilty of illegal	358
possession of a firearm in liquor permit premises. Except as	359
otherwise provided in this division, illegal possession of a	360
firearm in liquor permit premises is a felony of the fifth degree.	361
If the offender commits the violation of this section by knowingly	362
carrying or having the firearm concealed on the offender's person	363
or concealed ready at hand, illegal possession of a firearm in	364
liquor permit premises is a felony of the third degree.	365

Sec. 2923.122.  (A) No person shall knowingly convey, or	366
attempt to convey, a deadly weapon or dangerous ordnance into a	367
school safety zone.	368

(B) No person shall knowingly possess a deadly weapon or	369
dangerous ordnance in a school safety zone.	370

(C) No person shall knowingly possess an object in a school	371
safety zone if both of the following apply:	372

(1) The object is indistinguishable from a firearm, whether	373
or not the object is capable of being fired.	374

(2) The person indicates that the person possesses the object	375
and that it is a firearm, or the person knowingly displays or	376
brandishes the object and indicates that it is a firearm.	377

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

378

(a) An officer, agent, or employee of this or any other state	379
or the United States, or a law enforcement officer, who is	380
authorized to carry deadly weapons or dangerous ordnance and is	381
acting within the scope of the officer's, agent's, or employee's	382
duties, a security officer employed by a board of education or	383
governing body of a school during the time that the security	384
officer is on duty pursuant to that contract of employment, or any	385
other person who has written authorization from the board of	386
education or governing body of a school to convey deadly weapons	387
or dangerous ordnance into a school safety zone or to possess a	388
deadly weapon or dangerous ordnance in a school safety zone and	389
who conveys or possesses the deadly weapon or dangerous ordnance	390
in accordance with that authorization;	391

(b) Any person who is employed in this state, who is	392
authorized to carry deadly weapons or dangerous ordnance, and who	393
is subject to and in compliance with the requirements of section	394
109.801 of the Revised Code, unless the appointing authority of	395
the person has expressly specified that the exemption provided in	396
division (D)(1)(b) of this section does not apply to the person.	397

(2) Division (C) of this section does not apply to premises	398
upon which home schooling is conducted. Division (C) of this	399
section also does not apply to a school administrator, teacher, or	400
employee who possesses an object that is indistinguishable from a	401
firearm for legitimate school purposes during the course of	402
employment, a student who uses an object that is indistinguishable	403
from a firearm under the direction of a school administrator,	404
teacher, or employee, or any other person who with the express	405
prior approval of a school administrator possesses an object that	406
is indistinguishable from a firearm for a legitimate purpose,	407
including the use of the object in a ceremonial activity, a play,	408
reenactment, or other dramatic presentation, or a ROTC activity or	409
another similar use of the object.	410

(3) This section does not apply to a person who conveys or	411
attempts to convey a handgun into, or possesses a handgun in, a	412
school safety zone if, at the time of that conveyance, attempted	413
conveyance, or possession of the handgun, all of the following	414
apply:	415

(a) The person does not enter into a school building or onto	416
school premises and is not at a school activity.	417

(b) The person is carrying a valid license or temporary	418
emergency license to carry a concealed handgun issued to the	419
person under section 2923.125 or 2923.1213 of the Revised Code or	420
a license to carry a concealed handgun that was issued by another	421
state with which the attorney general has entered into a	422
reciprocity agreement under section 109.69 of the Revised Code.	423

(c) The person is in the school safety zone in accordance	424
with 18 U.S.C. 922(q)(2)(B).	425

(d) The person is not knowingly in a place described in	426
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	427
Revised Code.	428

(4) This section does not apply to a person who conveys or	429
attempts to convey a handgun into, or possesses a handgun in, a	430
school safety zone if at the time of that conveyance, attempted	431
conveyance, or possession of the handgun all of the following	432
apply:	433

(a) The person is carrying a valid license or temporary	434
emergency license to carry a concealed handgun issued to the	435
person under section 2923.125 or 2923.1213 of the Revised Code or	436
a license to carry a concealed handgun that was issued by another	437
state with which the attorney general has entered into a	438
reciprocity agreement under section 109.69 of the Revised Code.	439

(b) The person is the driver or passenger in a motor vehicle	440
and is in the school safety zone while immediately in the process	441
of picking up or dropping off a child.	442

(c) The person is not in violation of section 2923.16 of the	443
Revised Code.	444

(5) This section does not apply to a tactical emergency	445
medical technician who openly conveys or attempts to convey a	446
firearm into, or openly possesses a firearm in, a school safety	447
zone, if at the time of the open conveyance, attempted conveyance,	448
or possession of the firearm the tactical emergency medical	449
technician is performing the official duties of a tactical	450
emergency medical technician.	451

(E)(1) Whoever violates division (A) or (B) of this section	452
is guilty of illegal conveyance or possession of a deadly weapon	453
or dangerous ordnance in a school safety zone. Except as otherwise	454
provided in this division, illegal conveyance or possession of a	455
deadly weapon or dangerous ordnance in a school safety zone is a	456
felony of the fifth degree. If the offender previously has been	457
convicted of a violation of this section, illegal conveyance or	458
possession of a deadly weapon or dangerous ordnance in a school	459
safety zone is a felony of the fourth degree.	460

(2) Whoever violates division (C) of this section is guilty	461
of illegal possession of an object indistinguishable from a	462
firearm in a school safety zone. Except as otherwise provided in	463
this division, illegal possession of an object indistinguishable	464
from a firearm in a school safety zone is a misdemeanor of the	465
first degree. If the offender previously has been convicted of a	466
violation of this section, illegal possession of an object	467
indistinguishable from a firearm in a school safety zone is a	468
felony of the fifth degree.	469

(F)(1) In addition to any other penalty imposed upon a person	470
who is convicted of or pleads guilty to a violation of this	471
section and subject to division (F)(2) of this section, if the	472
offender has not attained nineteen years of age, regardless of	473
whether the offender is attending or is enrolled in a school	474
operated by a board of education or for which the state board of	475
education prescribes minimum standards under section 3301.07 of	476
the Revised Code, the court shall impose upon the offender a class	477
four suspension of the offender's probationary driver's license,	478
restricted license, driver's license, commercial driver's license,	479
temporary instruction permit, or probationary commercial driver's	480
license that then is in effect from the range specified in	481
division (A)(4) of section 4510.02 of the Revised Code and shall	482
deny the offender the issuance of any permit or license of that	483
type during the period of the suspension.	484

If the offender is not a resident of this state, the court	485
shall impose a class four suspension of the nonresident operating	486
privilege of the offender from the range specified in division	487
(A)(4) of section 4510.02 of the Revised Code.	488

(2) If the offender shows good cause why the court should not	489
suspend one of the types of licenses, permits, or privileges	490
specified in division (F)(1) of this section or deny the issuance	491
of one of the temporary instruction permits specified in that	492
division, the court in its discretion may choose not to impose the	493
suspension, revocation, or denial required in that division.	494

(G) As used in this section, "object:

495

(1) "Tactical emergency medical technician" has the same	496
meaning as in section 2744.01 of the Revised Code.	497

(2) "Object that is indistinguishable from a firearm" means	498
an object made, constructed, or altered so that, to a reasonable	499
person without specialized training in firearms, the object	500
appears to be a firearm.	501

Sec. 2923.123.  (A) No person shall knowingly convey or	502
attempt to convey a deadly weapon or dangerous ordnance into a	503
courthouse or into another building or structure in which a	504
courtroom is located.	505

(B) No person shall knowingly possess or have under the	506
person's control a deadly weapon or dangerous ordnance in a	507
courthouse or in another building or structure in which a	508
courtroom is located.	509

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

510

(1) Except as provided in division (E) of this section, a	511
judge of a court of record of this state or a magistrate;	512

(2) A peace officer, officer of a law enforcement agency, or	513
person who is in either of the following categories:	514

(a) Except as provided in division (E) of this section, a	515
peace officer, or an officer of a law enforcement agency of	516
another state, a political subdivision of another state, or the	517
United States, who is authorized to carry a deadly weapon or	518
dangerous ordnance, who possesses or has under that individual's	519
control a deadly weapon or dangerous ordnance as a requirement of	520
that individual's duties, and who is acting within the scope of	521
that individual's duties at the time of that possession or	522
control;	523

(b) Except as provided in division (E) of this section, a	524
person who is employed in this state, who is authorized to carry a	525
deadly weapon or dangerous ordnance, who possesses or has under	526
that individual's control a deadly weapon or dangerous ordnance as	527
a requirement of that person's duties, and who is subject to and	528
in compliance with the requirements of section 109.801 of the	529
Revised Code, unless the appointing authority of the person has	530
expressly specified that the exemption provided in division	531
(C)(2)(b) of this section does not apply to the person.	532

(3) A person who conveys, attempts to convey, possesses, or	533
has under the person's control a deadly weapon or dangerous	534
ordnance that is to be used as evidence in a pending criminal or	535
civil action or proceeding;	536

(4) Except as provided in division (E) of this section, a	537
bailiff or deputy bailiff of a court of record of this state who	538
is authorized to carry a firearm pursuant to section 109.77 of the	539
Revised Code, who possesses or has under that individual's control	540
a firearm as a requirement of that individual's duties, and who is	541
acting within the scope of that individual's duties at the time of	542
that possession or control;	543

(5) Except as provided in division (E) of this section, a	544
prosecutor, or a secret service officer appointed by a county	545
prosecuting attorney, who is authorized to carry a deadly weapon	546
or dangerous ordnance in the performance of the individual's	547
duties, who possesses or has under that individual's control a	548
deadly weapon or dangerous ordnance as a requirement of that	549
individual's duties, and who is acting within the scope of that	550
individual's duties at the time of that possession or control;	551

(6) Except as provided in division (E) of this section, a	552
person who conveys or attempts to convey a handgun into a	553
courthouse or into another building or structure in which a	554
courtroom is located, who, at the time of the conveyance or	555
attempt, is carrying a valid license or temporary emergency	556
license to carry a concealed handgun issued to the person under	557
section 2923.125 or 2923.1213 of the Revised Code or a license to	558
carry a concealed handgun that was issued by another state with	559
which the attorney general has entered into a reciprocity	560
agreement under section 109.69 of the Revised Code, and who	561
transfers possession of the handgun to the officer or officer's	562
designee who has charge of the courthouse or building. The officer	563
shall secure the handgun until the licensee is prepared to leave	564
the premises. The exemption described in this division applies	565
only if the officer who has charge of the courthouse or building	566
provides services of the nature described in this division. An	567
officer who has charge of the courthouse or building is not	568
required to offer services of the nature described in this	569
division.	570

(7) Except as provided in division (E) of this section, a	571
tactical emergency medical technician who openly conveys or	572
attempts to convey a firearm into, or openly possesses a firearm	573
in, a courthouse or another building or structure in which a	574
courtroom is located, if at the time of the open conveyance,	575
attempted conveyance, or possession of the firearm the tactical	576
emergency medical technician is performing the official duties of	577
a tactical emergency medical technician.	578

(D)(1) Whoever violates division (A) of this section is	579
guilty of illegal conveyance of a deadly weapon or dangerous	580
ordnance into a courthouse. Except as otherwise provided in this	581
division, illegal conveyance of a deadly weapon or dangerous	582
ordnance into a courthouse is a felony of the fifth degree. If the	583
offender previously has been convicted of a violation of division	584
(A) or (B) of this section, illegal conveyance of a deadly weapon	585
or dangerous ordnance into a courthouse is a felony of the fourth	586
degree.	587

(2) Whoever violates division (B) of this section is guilty	588
of illegal possession or control of a deadly weapon or dangerous	589
ordnance in a courthouse. Except as otherwise provided in this	590
division, illegal possession or control of a deadly weapon or	591
dangerous ordnance in a courthouse is a felony of the fifth	592
degree. If the offender previously has been convicted of a	593
violation of division (A) or (B) of this section, illegal	594
possession or control of a deadly weapon or dangerous ordnance in	595
a courthouse is a felony of the fourth degree.	596

(E) The exemptions described in divisions (C)(1), (2)(a),	597
(2)(b), (4), (5), and (6), and (7) of this section do not apply to	598
any judge, magistrate, peace officer, officer of a law enforcement	599
agency, bailiff, deputy bailiff, prosecutor, secret service	600
officer, or other person described in any of those divisions if a	601
rule of superintendence or another type of rule adopted by the	602
supreme court pursuant to Article IV, Ohio Constitution, or an	603
applicable local rule of court prohibits all persons from	604
conveying or attempting to convey a deadly weapon or dangerous	605
ordnance into a courthouse or into another building or structure	606
in which a courtroom is located or from possessing or having under	607
one's control a deadly weapon or dangerous ordnance in a	608
courthouse or in another building or structure in which a	609
courtroom is located.	610

(F) As used in this section:

611

(1) "Magistrate" means an individual who is appointed by a	612
court of record of this state and who has the powers and may	613
perform the functions specified in Civil Rule 53, Criminal Rule	614
19, or Juvenile Rule 40.	615

(2) "Peace officer" and "prosecutor" have the same meanings	616
as in section 2935.01 of the Revised Code.	617

(3) "Tactical emergency medical technician" has the same	618
meaning as in section 2744.01 of the Revised Code.	619

Sec. 2923.126.  (A) A license to carry a concealed handgun	620
that is issued under section 2923.125 of the Revised Code on or	621
after March 14, 2007, shall expire five years after the date of	622
issuance, and a license that is so issued prior to March 14, 2007,	623
shall expire four years after the date of issuance. A licensee who	624
has been issued a license under that section shall be granted a	625
grace period of thirty days after the licensee's license expires	626
during which the licensee's license remains valid. Except as	627
provided in divisions (B) and (C) of this section, a licensee who	628
has been issued a license under section 2923.125 or 2923.1213 of	629
the Revised Code may carry a concealed handgun anywhere in this	630
state if the licensee also carries a valid license and valid	631
identification when the licensee is in actual possession of a	632
concealed handgun. The licensee shall give notice of any change in	633
the licensee's residence address to the sheriff who issued the	634
license within forty-five days after that change.	635

If a licensee is the driver or an occupant of a motor vehicle	636
that is stopped as the result of a traffic stop or a stop for	637
another law enforcement purpose and if the licensee is	638
transporting or has a loaded handgun in the motor vehicle at that	639
time, the licensee shall promptly inform any law enforcement	640
officer who approaches the vehicle while stopped that the licensee	641
has been issued a license or temporary emergency license to carry	642
a concealed handgun and that the licensee currently possesses or	643
has a loaded handgun; the licensee shall not knowingly disregard	644
or fail to comply with lawful orders of a law enforcement officer	645
given while the motor vehicle is stopped, knowingly fail to remain	646
in the motor vehicle while stopped, or knowingly fail to keep the	647
licensee's hands in plain sight after any law enforcement officer	648
begins approaching the licensee while stopped and before the	649
officer leaves, unless directed otherwise by a law enforcement	650
officer; and the licensee shall not knowingly remove, attempt to	651
remove, grasp, or hold the loaded handgun or knowingly have	652
contact with the loaded handgun by touching it with the licensee's	653
hands or fingers, in any manner in violation of division (E) of	654
section 2923.16 of the Revised Code, after any law enforcement	655
officer begins approaching the licensee while stopped and before	656
the officer leaves. Additionally, if a licensee is the driver or	657
an occupant of a commercial motor vehicle that is stopped by an	658
employee of the motor carrier enforcement unit for the purposes	659
defined in section 5503.04 of the Revised Code and if the licensee	660
is transporting or has a loaded handgun in the commercial motor	661
vehicle at that time, the licensee shall promptly inform the	662
employee of the unit who approaches the vehicle while stopped that	663
the licensee has been issued a license or temporary emergency	664
license to carry a concealed handgun and that the licensee	665
currently possesses or has a loaded handgun.	666

If a licensee is stopped for a law enforcement purpose and if	667
the licensee is carrying a concealed handgun at the time the	668
officer approaches, the licensee shall promptly inform any law	669
enforcement officer who approaches the licensee while stopped that	670
the licensee has been issued a license or temporary emergency	671
license to carry a concealed handgun and that the licensee	672
currently is carrying a concealed handgun; the licensee shall not	673
knowingly disregard or fail to comply with lawful orders of a law	674
enforcement officer given while the licensee is stopped or	675
knowingly fail to keep the licensee's hands in plain sight after	676
any law enforcement officer begins approaching the licensee while	677
stopped and before the officer leaves, unless directed otherwise	678
by a law enforcement officer; and the licensee shall not knowingly	679
remove, attempt to remove, grasp, or hold the loaded handgun or	680
knowingly have contact with the loaded handgun by touching it with	681
the licensee's hands or fingers, in any manner in violation of	682
division (B) of section 2923.12 of the Revised Code, after any law	683
enforcement officer begins approaching the licensee while stopped	684
and before the officer leaves.	685

(B) A valid license issued under section 2923.125 or	686
2923.1213 of the Revised Code does not authorize the licensee to	687
carry a concealed handgun in any manner prohibited under division	688
(B) of section 2923.12 of the Revised Code or in any manner	689
prohibited under section 2923.16 of the Revised Code. A valid	690
license does not authorize the licensee to carry a concealed	691
handgun into any of the following places:	692

(1) A police station, sheriff's office, or state highway	693
patrol station, premises controlled by the bureau of criminal	694
identification and investigation, a state correctional	695
institution, jail, workhouse, or other detention facility, an	696
airport passenger terminal, or an institution that is maintained,	697
operated, managed, and governed pursuant to division (A) of	698
section 5119.02 of the Revised Code or division (A)(1) of section	699
5123.03 of the Revised Code;	700

(2) A school safety zone if the licensee's carrying the	701
concealed handgun is in violation of section 2923.122 of the	702
Revised Code;	703

(3) A courthouse or another building or structure in which a	704
courtroom is located, in violation of section 2923.123 of the	705
Revised Code;	706

(4) Any premises or open air arena for which a D permit has	707
been issued under Chapter 4303. of the Revised Code if the	708
licensee's carrying the concealed handgun is in violation of	709
section 2923.121 of the Revised Code;	710

(5) Any premises owned or leased by any public or private	711
college, university, or other institution of higher education,	712
unless the handgun is in a locked motor vehicle or the licensee is	713
in the immediate process of placing the handgun in a locked motor	714
vehicle;	715

(6) Any church, synagogue, mosque, or other place of worship,	716
unless the church, synagogue, mosque, or other place of worship	717
posts or permits otherwise;	718

(7) A child day-care center, a type A family day-care home, a	719
type B family day-care home, or a type C family day-care home,	720
except that this division does not prohibit a licensee who resides	721
in a type A family day-care home, a type B family day-care home,	722
or a type C family day-care home from carrying a concealed handgun	723
at any time in any part of the home that is not dedicated or used	724
for day-care purposes, or from carrying a concealed handgun in a	725
part of the home that is dedicated or used for day-care purposes	726
at any time during which no children, other than children of that	727
licensee, are in the home;	728

(8) An aircraft that is in, or intended for operation in,	729
foreign air transportation, interstate air transportation,	730
intrastate air transportation, or the transportation of mail by	731
aircraft;	732

(9) Any building that is a government facility of this state	733
or a political subdivision of this state and that is not a	734
building that is used primarily as a shelter, restroom, parking	735
facility for motor vehicles, or rest facility and is not a	736
courthouse or other building or structure in which a courtroom is	737
located that is subject to division (B)(3) of this section;	738

(10) A place in which federal law prohibits the carrying of	739
handguns.	740

(C)(1) Nothing in this section shall negate or restrict a	741
rule, policy, or practice of a private employer that is not a	742
private college, university, or other institution of higher	743
education concerning or prohibiting the presence of firearms on	744
the private employer's premises or property, including motor	745
vehicles owned by the private employer. Nothing in this section	746
shall require a private employer of that nature to adopt a rule,	747
policy, or practice concerning or prohibiting the presence of	748
firearms on the private employer's premises or property, including	749
motor vehicles owned by the private employer.	750

(2)(a) A private employer shall be immune from liability in a	751
civil action for any injury, death, or loss to person or property	752
that allegedly was caused by or related to a licensee bringing a	753
handgun onto the premises or property of the private employer,	754
including motor vehicles owned by the private employer, unless the	755
private employer acted with malicious purpose. A private employer	756
is immune from liability in a civil action for any injury, death,	757
or loss to person or property that allegedly was caused by or	758
related to the private employer's decision to permit a licensee to	759
bring, or prohibit a licensee from bringing, a handgun onto the	760
premises or property of the private employer. As used in this	761
division, "private employer" includes a private college,	762
university, or other institution of higher education.	763

(b) A political subdivision shall be immune from liability in	764
a civil action, to the extent and in the manner provided in	765
Chapter 2744. of the Revised Code, for any injury, death, or loss	766
to person or property that allegedly was caused by or related to a	767
licensee bringing a handgun onto any premises or property owned,	768
leased, or otherwise under the control of the political	769
subdivision. As used in this division, "political subdivision" has	770
the same meaning as in section 2744.01 of the Revised Code.	771

(3)(a) Except as provided in divisiondivisions (C)(3)(b) and	772
(c) of this section, the owner or person in control of private	773
land or premises, and a private person or entity leasing land or	774
premises owned by the state, the United States, or a political	775
subdivision of the state or the United States, may post a sign in	776
a conspicuous location on that land or on those premises	777
prohibiting persons from carrying firearms or concealed firearms	778
on or onto that land or those premises. Except as otherwise	779
provided in this division, a person who knowingly violates a	780
posted prohibition of that nature is guilty of criminal trespass	781
in violation of division (A)(4) of section 2911.21 of the Revised	782
Code and is guilty of a misdemeanor of the fourth degree. If a	783
person knowingly violates a posted prohibition of that nature and	784
the posted land or premises primarily was a parking lot or other	785
parking facility, the person is not guilty of criminal trespass in	786
violation of division (A)(4) of section 2911.21 of the Revised	787
Code and instead is subject only to a civil cause of action for	788
trespass based on the violation.	789

(b) A landlord may not prohibit or restrict a tenant who is a	790
licensee and who on or after the effective date of this amendment	791
September 9, 2008, enters into a rental agreement with the	792
landlord for the use of residential premises, and the tenant's	793
guest while the tenant is present, from lawfully carrying or	794
possessing a handgun on those residential premises.	795

(c) A prohibition posted under division (C)(3)(a) of this	796
section does not apply to a tactical emergency medical technician	797
who openly conveys a firearm onto, or openly possesses a firearm	798
on, posted land or premises if at the time of the open conveyance	799
or possession the tactical emergency medical technician is	800
performing the official duties of a tactical emergency medical	801
technician.	802

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

803

(i) "Residential premises" has the same meaning as in section	804
5321.01 of the Revised Code, except "residential premises" does	805
not include a dwelling unit that is owned or operated by a college	806
or university.	807

(ii) "Landlord," "tenant," and "rental agreement" have the	808
same meanings as in section 5321.01 of the Revised Code.	809

(iii) "Tactical emergency medical technician" has the same	810
meaning as in section 2744.01 of the Revised Code.	811

(D) A person who holds a license to carry a concealed handgun	812
that was issued pursuant to the law of another state that is	813
recognized by the attorney general pursuant to a reciprocity	814
agreement entered into pursuant to section 109.69 of the Revised	815
Code has the same right to carry a concealed handgun in this state	816
as a person who was issued a license to carry a concealed handgun	817
under section 2923.125 of the Revised Code and is subject to the	818
same restrictions that apply to a person who carries a license	819
issued under that section.	820

(E) A peace officer has the same right to carry a concealed	821
handgun in this state as a person who was issued a license to	822
carry a concealed handgun under section 2923.125 of the Revised	823
Code. For purposes of reciprocity with other states, a peace	824
officer shall be considered to be a licensee in this state.	825

(F)(1) A qualified retired peace officer who possesses a	826
retired peace officer identification card issued pursuant to	827
division (F)(2) of this section and a valid firearms	828
requalification certification issued pursuant to division (F)(3)	829
of this section has the same right to carry a concealed handgun in	830
this state as a person who was issued a license to carry a	831
concealed handgun under section 2923.125 of the Revised Code and	832
is subject to the same restrictions that apply to a person who	833
carries a license issued under that section. For purposes of	834
reciprocity with other states, a qualified retired peace officer	835
who possesses a retired peace officer identification card issued	836
pursuant to division (F)(2) of this section and a valid firearms	837
requalification certification issued pursuant to division (F)(3)	838
of this section shall be considered to be a licensee in this	839
state.	840

(2)(a) Each public agency of this state or of a political	841
subdivision of this state that is served by one or more peace	842
officers shall issue a retired peace officer identification card	843
to any person who retired from service as a peace officer with	844
that agency, if the issuance is in accordance with the agency's	845
policies and procedures and if the person, with respect to the	846
person's service with that agency, satisfies all of the following:	847

(i) The person retired in good standing from service as a	848
peace officer with the public agency, and the retirement was not	849
for reasons of mental instability.	850

(ii) Before retiring from service as a peace officer with	851
that agency, the person was authorized to engage in or supervise	852
the prevention, detection, investigation, or prosecution of, or	853
the incarceration of any person for, any violation of law and the	854
person had statutory powers of arrest.	855

(iii) At the time of the person's retirement as a peace	856
officer with that agency, the person was trained and qualified to	857
carry firearms in the performance of the peace officer's duties.	858

(iv) Before retiring from service as a peace officer with	859
that agency, the person was regularly employed as a peace officer	860
for an aggregate of fifteen years or more, or, in the alternative,	861
the person retired from service as a peace officer with that	862
agency, after completing any applicable probationary period of	863
that service, due to a service-connected disability, as determined	864
by the agency.	865

(b) A retired peace officer identification card issued to a	866
person under division (F)(2)(a) of this section shall identify the	867
person by name, contain a photograph of the person, identify the	868
public agency of this state or of the political subdivision of	869
this state from which the person retired as a peace officer and	870
that is issuing the identification card, and specify that the	871
person retired in good standing from service as a peace officer	872
with the issuing public agency and satisfies the criteria set	873
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	874
addition to the required content specified in this division, a	875
retired peace officer identification card issued to a person under	876
division (F)(2)(a) of this section may include the firearms	877
requalification certification described in division (F)(3) of this	878
section, and if the identification card includes that	879
certification, the identification card shall serve as the firearms	880
requalification certification for the retired peace officer. If	881
the issuing public agency issues credentials to active law	882
enforcement officers who serve the agency, the agency may comply	883
with division (F)(2)(a) of this section by issuing the same	884
credentials to persons who retired from service as a peace officer	885
with the agency and who satisfy the criteria set forth in	886
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	887
credentials so issued to retired peace officers are stamped with	888
the word "RETIRED."	889

(c) A public agency of this state or of a political	890
subdivision of this state may charge persons who retired from	891
service as a peace officer with the agency a reasonable fee for	892
issuing to the person a retired peace officer identification card	893
pursuant to division (F)(2)(a) of this section.	894

(3) If a person retired from service as a peace officer with	895
a public agency of this state or of a political subdivision of	896
this state and the person satisfies the criteria set forth in	897
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	898
may provide the retired peace officer with the opportunity to	899
attend a firearms requalification program that is approved for	900
purposes of firearms requalification required under section	901
109.801 of the Revised Code. The retired peace officer may be	902
required to pay the cost of the course.	903

If a retired peace officer who satisfies the criteria set	904
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	905
firearms requalification program that is approved for purposes of	906
firearms requalification required under section 109.801 of the	907
Revised Code, the retired peace officer's successful completion of	908
the firearms requalification program requalifies the retired peace	909
officer for purposes of division (F) of this section for five	910
years from the date on which the program was successfully	911
completed, and the requalification is valid during that five-year	912
period. If a retired peace officer who satisfies the criteria set	913
forth in divisions (F)(2)(a)(i) to (iv) of this section	914
satisfactorily completes such a firearms requalification program,	915
the retired peace officer shall be issued a firearms	916
requalification certification that identifies the retired peace	917
officer by name, identifies the entity that taught the program,	918
specifies that the retired peace officer successfully completed	919
the program, specifies the date on which the course was	920
successfully completed, and specifies that the requalification is	921
valid for five years from that date of successful completion. The	922
firearms requalification certification for a retired peace officer	923
may be included in the retired peace officer identification card	924
issued to the retired peace officer under division (F)(2) of this	925
section.	926

A retired peace officer who attends a firearms	927
requalification program that is approved for purposes of firearms	928
requalification required under section 109.801 of the Revised Code	929
may be required to pay the cost of the program.	930

(G) As used in this section:

931

(1) "Qualified retired peace officer" means a person who	932
satisfies all of the following:	933

(a) The person satisfies the criteria set forth in divisions	934
(F)(2)(a)(i) to (v) of this section.	935

(b) The person is not under the influence of alcohol or	936
another intoxicating or hallucinatory drug or substance.	937

(c) The person is not prohibited by federal law from	938
receiving firearms.	939

(2) "Retired peace officer identification card" means an	940
identification card that is issued pursuant to division (F)(2) of	941
this section to a person who is a retired peace officer.	942

(3) "Government facility of this state or a political	943
subdivision of this state" means any of the following:	944

(a) A building or part of a building that is owned or leased	945
by the government of this state or a political subdivision of this	946
state and where employees of the government of this state or the	947
political subdivision regularly are present for the purpose of	948
performing their official duties as employees of the state or	949
political subdivision;	950

(b) The office of a deputy registrar serving pursuant to	951
Chapter 4503. of the Revised Code that is used to perform deputy	952
registrar functions.	953

Section 2. That existing sections 2744.01, 2923.121,	954
2923.122, 2923.123, and 2923.126 of the Revised Code are hereby	955
repealed.	956