As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 422

Representatives Maag, Thompson 

Cosponsors: Representatives Beck, Boose, Adams, J., Johnson, Uecker, Wachtmann, Blair, Roegner, Buchy, Stautberg, Goodwin, Sears 

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A BILL

To amend sections 2923.12, 2923.124, 2923.126,

1

2923.128, and 2923.16 of the Revised Code to

2

repeal requirements that a concealed carry

3

licensee inform an approaching law enforcement

4

officer that the licensee is a licensee and is

5

carrying a concealed handgun and keep the

6

licensee's hands in plain sight after the officer

7

begins approaching and until the officer leaves;

8

to remove from a general requirement that a

9

licensee stopped for a law enforcement purpose

10

comply with lawful orders of a law enforcement

11

officer a reference to orders to keep the

12

licensee's hands in sight; to revise the

13

definition of "unloaded" that applies to the

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offense of "improperly handling firearms in a

15

motor vehicle"; to repeal the concealed carry

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license suspension required for certain

17

misdemeanor convictions of that offense; and to

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conform certain provisions to changes to that

19

offense made by Sub. S.B. 17 of the 129th General

20

Assembly.

21

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

Section 1. That sections 2923.12, 2923.124, 2923.126,	22
2923.128, and 2923.16 of the Revised Code be amended to read as	23
follows:	24

Sec. 2923.12.  (A) No person shall knowingly carry or have,	25
concealed on the person's person or concealed ready at hand, any	26
of the following:	27

(1) A deadly weapon other than a handgun;

28

(2) A handgun other than a dangerous ordnance;

29

(3) A dangerous ordnance.

30

(B) No person who has been issued a license or temporary	31
emergency license to carry a concealed handgun under section	32
2923.125 or 2923.1213 of the Revised Code or a license to carry a	33
concealed handgun that was issued by another state with which the	34
attorney general has entered into a reciprocity agreement under	35
section 109.69 of the Revised Code shall do any of the following:	36

(1) If the person is stopped for a law enforcement purpose	37
and is carrying a concealed handgun, fail to promptly inform any	38
law enforcement officer who approaches the person after the person	39
has been stopped that the person has been issued a license or	40
temporary emergency license to carry a concealed handgun and that	41
the person then is carrying a concealed handgun;	42

(2) If the person is stopped for a law enforcement purpose	43
and if the person is carrying a concealed handgun, knowingly fail	44
to keep the person's hands in plain sight at any time after any	45
law enforcement officer begins approaching the person while	46
stopped and before the law enforcement officer leaves, unless the	47
failure is pursuant to and in accordance with directions given by	48
a law enforcement officer;	49

(3) If the person is stopped for a law enforcement purpose,	50
if the person is carrying a concealed handgun, and if the person	51
is approached by any law enforcement officer while stopped,	52
knowingly remove or attempt to remove the loaded handgun from the	53
holster, pocket, or other place in which the person is carrying	54
it, knowingly grasp or hold the loaded handgun, or knowingly have	55
contact with the loaded handgun by touching it with the person's	56
hands or fingers at any time after the law enforcement officer	57
begins approaching and before the law enforcement officer leaves,	58
unless the person removes, attempts to remove, grasps, holds, or	59
has contact with the loaded handgun pursuant to and in accordance	60
with directions given by the law enforcement officer;	61

(4)(2) If the person is stopped for a law enforcement purpose	62
and if the person is carrying a concealed handgun, knowingly	63
disregard or fail to comply with any lawful order of any law	64
enforcement officer given while the person is stopped, including,	65
but not limited to, a specific order to the person to keep the	66
person's hands in plain sight.	67

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

68

(a) An officer, agent, or employee of this or any other state	69
or the United States, or to a law enforcement officer, who is	70
authorized to carry concealed weapons or dangerous ordnance or is	71
authorized to carry handguns and is acting within the scope of the	72
officer's, agent's, or employee's duties;	73

(b) Any person who is employed in this state, who is	74
authorized to carry concealed weapons or dangerous ordnance or is	75
authorized to carry handguns, and who is subject to and in	76
compliance with the requirements of section 109.801 of the Revised	77
Code, unless the appointing authority of the person has expressly	78
specified that the exemption provided in division (C)(1)(b) of	79
this section does not apply to the person;	80

(c) A person's transportation or storage of a firearm, other	81
than a firearm described in divisions (G) to (M) of section	82
2923.11 of the Revised Code, in a motor vehicle for any lawful	83
purpose if the firearm is not on the actor's person;	84

(d) A person's storage or possession of a firearm, other than	85
a firearm described in divisions (G) to (M) of section 2923.11 of	86
the Revised Code, in the actor's own home for any lawful purpose.	87

(2) Division (A)(2) of this section does not apply to any	88
person who, at the time of the alleged carrying or possession of a	89
handgun, is carrying a valid license or temporary emergency	90
license to carry a concealed handgun issued to the person under	91
section 2923.125 or 2923.1213 of the Revised Code or a license to	92
carry a concealed handgun that was issued by another state with	93
which the attorney general has entered into a reciprocity	94
agreement under section 109.69 of the Revised Code, unless the	95
person knowingly is in a place described in division (B) of	96
section 2923.126 of the Revised Code.	97

(D) It is an affirmative defense to a charge under division	98
(A)(1) of this section of carrying or having control of a weapon	99
other than a handgun and other than a dangerous ordnance that the	100
actor was not otherwise prohibited by law from having the weapon	101
and that any of the following applies:	102

(1) The weapon was carried or kept ready at hand by the actor	103
for defensive purposes while the actor was engaged in or was going	104
to or from the actor's lawful business or occupation, which	105
business or occupation was of a character or was necessarily	106
carried on in a manner or at a time or place as to render the	107
actor particularly susceptible to criminal attack, such as would	108
justify a prudent person in going armed.	109

(2) The weapon was carried or kept ready at hand by the actor	110
for defensive purposes while the actor was engaged in a lawful	111
activity and had reasonable cause to fear a criminal attack upon	112
the actor, a member of the actor's family, or the actor's home,	113
such as would justify a prudent person in going armed.	114

(3) The weapon was carried or kept ready at hand by the actor	115
for any lawful purpose and while in the actor's own home.	116

(E) No person who is charged with a violation of this section	117
shall be required to obtain a license or temporary emergency	118
license to carry a concealed handgun under section 2923.125 or	119
2923.1213 of the Revised Code as a condition for the dismissal of	120
the charge.	121

(F)(1) Whoever violates this section is guilty of carrying	122
concealed weapons. Except as otherwise provided in this division	123
or division (F)(2) of this section, carrying concealed weapons in	124
violation of division (A) of this section is a misdemeanor of the	125
first degree. Except as otherwise provided in this division or	126
division (F)(2) of this section, if the offender previously has	127
been convicted of a violation of this section or of any offense of	128
violence, if the weapon involved is a firearm that is either	129
loaded or for which the offender has ammunition ready at hand, or	130
if the weapon involved is dangerous ordnance, carrying concealed	131
weapons in violation of division (A) of this section is a felony	132
of the fourth degree. Except as otherwise provided in division	133
(F)(2) of this section, if the offense is committed aboard an	134
aircraft, or with purpose to carry a concealed weapon aboard an	135
aircraft, regardless of the weapon involved, carrying concealed	136
weapons in violation of division (A) of this section is a felony	137
of the third degree.	138

(2) If a person being arrested for a violation of division	139
(A)(2) of this section promptly produces a valid license or	140
temporary emergency license to carry a concealed handgun issued	141
under section 2923.125 or 2923.1213 of the Revised Code or a	142
license to carry a concealed handgun that was issued by another	143
state with which the attorney general has entered into a	144
reciprocity agreement under section 109.69 of the Revised Code,	145
and if at the time of the violation the person was not knowingly	146
in a place described in division (B) of section 2923.126 of the	147
Revised Code, the officer shall not arrest the person for a	148
violation of that division. If the person is not able to promptly	149
produce any of those types of license and if the person is not in	150
a place described in that section, the officer may arrest the	151
person for a violation of that division, and the offender shall be	152
punished as follows:	153

(a) The offender shall be guilty of a minor misdemeanor if	154
both of the following apply:	155

(i) Within ten days after the arrest, the offender presents a	156
license or temporary emergency license to carry a concealed	157
handgun issued under section 2923.125 or 2923.1213 of the Revised	158
Code or a license to carry a concealed handgun that was issued by	159
another state with which the attorney general has entered into a	160
reciprocity agreement under section 109.69 of the Revised Code,	161
which license was valid at the time of the arrest to the law	162
enforcement agency that employs the arresting officer.	163

(ii) At the time of the arrest, the offender was not	164
knowingly in a place described in division (B) of section 2923.126	165
of the Revised Code.	166

(b) The offender shall be guilty of a misdemeanor and shall	167
be fined five hundred dollars if all of the following apply:	168

(i) The offender previously had been issued a license to	169
carry a concealed handgun under section 2923.125 of the Revised	170
Code or a license to carry a concealed handgun that was issued by	171
another state with which the attorney general has entered into a	172
reciprocity agreement under section 109.69 of the Revised Code and	173
that was similar in nature to a license issued under section	174
2923.125 of the Revised Code, and that license expired within the	175
two years immediately preceding the arrest.	176

(ii) Within forty-five days after the arrest, the offender	177
presents any type of license identified in division (F)(2)(a)(i)	178
of this section to the law enforcement agency that employed the	179
arresting officer, and the offender waives in writing the	180
offender's right to a speedy trial on the charge of the violation	181
that is provided in section 2945.71 of the Revised Code.	182

(iii) At the time of the commission of the offense, the	183
offender was not knowingly in a place described in division (B) of	184
section 2923.126 of the Revised Code.	185

(c) If neither division (F)(2)(a) nor (b) of this section	186
applies, the offender shall be punished under division (F)(1) of	187
this section.	188

(3) Except as otherwise provided in this division, carrying	189
concealed weapons in violation of division (B)(1) of this section	190
is a misdemeanor of the first degree, and, in addition to any	191
other penalty or sanction imposed for a violation of division	192
(B)(1) of this section, the offender's license or temporary	193
emergency license to carry a concealed handgun shall be suspended	194
pursuant to division (A)(2) of section 2923.128 of the Revised	195
Code. If, at the time of the stop of the offender for a law	196
enforcement purpose that was the basis of the violation, any law	197
enforcement officer involved with the stop had actual knowledge	198
that the offender has been issued a license or temporary emergency	199
license to carry a concealed handgun, carrying concealed weapons	200
in violation of division (B)(1) of this section is a minor	201
misdemeanor, and the offender's license or temporary emergency	202
license to carry a concealed handgun shall not be suspended	203
pursuant to division (A)(2) of section 2923.128 of the Revised	204
Code.	205

(4) Carrying concealed weapons in violation of division	206
(B)(2) or (4) of this section is a misdemeanor of the first degree	207
or, if the offender previously has been convicted of or pleaded	208
guilty to a violation of division (B)(2) or (4) of this section, a	209
felony of the fifth degree. In addition to any other penalty or	210
sanction imposed for a misdemeanor violation of division (B)(2) or	211
(4) of this section, the offender's license or temporary emergency	212
license to carry a concealed handgun shall be suspended pursuant	213
to division (A)(2) of section 2923.128 of the Revised Code.	214

(5)(4) Carrying concealed weapons in violation of division	215
(B)(3)(1) of this section is a felony of the fifth degree.	216

(G) If a law enforcement officer stops a person to question	217
the person regarding a possible violation of this section, for a	218
traffic stop, or for any other law enforcement purpose, if the	219
person surrenders a firearm to the officer, either voluntarily or	220
pursuant to a request or demand of the officer, and if the officer	221
does not charge the person with a violation of this section or	222
arrest the person for any offense, the person is not otherwise	223
prohibited by law from possessing the firearm, and the firearm is	224
not contraband, the officer shall return the firearm to the person	225
at the termination of the stop. If a court orders a law	226
enforcement officer to return a firearm to a person pursuant to	227
the requirement set forth in this division, division (B) of	228
section 2923.163 of the Revised Code applies.	229

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	230
the Revised Code:	231

(A) "Application form" means the application form prescribed	232
pursuant to division (A)(1) of section 109.731 of the Revised Code	233
and includes a copy of that form.	234

(B) "Competency certification" and "competency certificate"	235
mean a document of the type described in division (B)(3) of	236
section 2923.125 of the Revised Code.	237

(C) "Detention facility" has the same meaning as in section	238
2921.01 of the Revised Code.	239

(D) "Licensee" means a person to whom a license to carry a	240
concealed handgun has been issued under section 2923.125 of the	241
Revised Code and, except when the context clearly indicates	242
otherwise, includes a person to whom a temporary emergency license	243
to carry a concealed handgun has been issued under section	244
2923.1213 of the Revised Code.	245

(E) "License fee" or "license renewal fee" means the fee for	246
a license to carry a concealed handgun or the fee to renew that	247
license that is prescribed pursuant to division (C) of section	248
109.731 of the Revised Code and that is to be paid by an applicant	249
for a license of that type.	250

(F) "Peace officer" has the same meaning as in section	251
2935.01 of the Revised Code.	252

(G) "State correctional institution" has the same meaning as	253
in section 2967.01 of the Revised Code.	254

(H) "Valid license" means a license or temporary emergency	255
license to carry a concealed handgun that has been issued under	256
section 2923.125 or 2923.1213 of the Revised Code, that is	257
currently valid, that is not under a suspension under division	258
(A)(1) of section 2923.128 or under section 2923.1213 of the	259
Revised Code, and that has not been revoked under division (B)(1)	260
of section 2923.128 or under section 2923.1213 of the Revised	261
Code.	262

(I) "Civil protection order" means a protection order issued,	263
or consent agreement approved, under section 2903.214 or 3113.31	264
of the Revised Code.	265

(J) "Temporary protection order" means a protection order	266
issued under section 2903.213 or 2919.26 of the Revised Code.	267

(K) "Protection order issued by a court of another state" has	268
the same meaning as in section 2919.27 of the Revised Code.	269

(L) "Child day-care center," "type A family day-care home"	270
and "type B family day-care home" have the same meanings as in	271
section 5104.01 of the Revised Code.	272

(M) "Type C family day-care home" means a family day-care	273
home authorized to provide child care by Sub. H.B. 62 of the 121st	274
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	275
general assembly and Sub. H.B. 407 of the 123rd general assembly.	276

(N) "Foreign air transportation," "interstate air	277
transportation," and "intrastate air transportation" have the same	278
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	279

(O) "Commercial motor vehicle" has the same meaning as in	280
division (A) of section 4506.25 of the Revised Code.	281

(P) "Motor carrier enforcement unit" has the same meaning as	282
in section 2923.16 of the Revised Code.	283

Sec. 2923.126.  (A) A license to carry a concealed handgun	284
that is issued under section 2923.125 of the Revised Code on or	285
after March 14, 2007, shall expire five years after the date of	286
issuance, and a license that is so issued prior to March 14, 2007,	287
shall expire four years after the date of issuance. A licensee who	288
has been issued a license under that section shall be granted a	289
grace period of thirty days after the licensee's license expires	290
during which the licensee's license remains valid. Except as	291
provided in divisions (B) and (C) of this section, a licensee who	292
has been issued a license under section 2923.125 or 2923.1213 of	293
the Revised Code may carry a concealed handgun anywhere in this	294
state if the licensee also carries a valid license and valid	295
identification when the licensee is in actual possession of a	296
concealed handgun. The licensee shall give notice of any change in	297
the licensee's residence address to the sheriff who issued the	298
license within forty-five days after that change.	299

If a licensee is the driver or an occupant of a motor vehicle	300
that is stopped as the result of a traffic stop or a stop for	301
another law enforcement purpose and if the licensee is	302
transporting or has a loaded handgun in the motor vehicle at that	303
time, the licensee shall promptly inform any law enforcement	304
officer who approaches the vehicle while stopped that the licensee	305
has been issued a license or temporary emergency license to carry	306
a concealed handgun and that the licensee currently possesses or	307
has a loaded handgun; the licensee shall not knowingly disregard	308
or fail to comply with lawful orders of a law enforcement officer	309
given while the motor vehicle is stopped,or knowingly fail to	310
remain in the motor vehicle while stopped, or knowingly fail to	311
keep the licensee's hands in plain sight after any law enforcement	312
officer begins approaching the licensee while stopped and before	313
the officer leaves, unless directed otherwise by a law enforcement	314
officer; and the licensee shall not knowingly remove, attempt to	315
remove, grasp, or hold the loaded handgun or knowingly have	316
contact with the loaded handgun by touching it with the licensee's	317
hands or fingers, in any manner in violation of division (E) of	318
section 2923.16 of the Revised Code, after any law enforcement	319
officer begins approaching the licensee while stopped and before	320
the officer leaves. Additionally, if a licensee is the driver or	321
an occupant of a commercial motor vehicle that is stopped by an	322
employee of the motor carrier enforcement unit for the purposes	323
defined in section 5503.04 of the Revised Code and if the licensee	324
is transporting or has a loaded handgun in the commercial motor	325
vehicle at that time, the licensee shall promptly inform the	326
employee of the unit who approaches the vehicle while stopped that	327
the licensee has been issued a license or temporary emergency	328
license to carry a concealed handgun and that the licensee	329
currently possesses or has a loaded handgun.	330

If a licensee is stopped for a law enforcement purpose and if	331
the licensee is carrying a concealed handgun at the time the	332
officer approaches, the licensee shall promptly inform any law	333
enforcement officer who approaches the licensee while stopped that	334
the licensee has been issued a license or temporary emergency	335
license to carry a concealed handgun and that the licensee	336
currently is carrying a concealed handgun; the licensee shall not	337
knowingly disregard or fail to comply with lawful orders of a law	338
enforcement officer given while the licensee is stopped or	339
knowingly fail to keep the licensee's hands in plain sight after	340
any law enforcement officer begins approaching the licensee while	341
stopped and before the officer leaves, unless directed otherwise	342
by a law enforcement officer;, and the licensee shall not	343
knowingly remove, attempt to remove, grasp, or hold the loaded	344
handgun or knowingly have contact with the loaded handgun by	345
touching it with the licensee's hands or fingers, in any manner in	346
violation of division (B) of section 2923.12 of the Revised Code,	347
after any law enforcement officer begins approaching the licensee	348
while stopped and before the officer leaves.	349

(B) A valid license issued under section 2923.125 or	350
2923.1213 of the Revised Code does not authorize the licensee to	351
carry a concealed handgun in any manner prohibited under division	352
(B) of section 2923.12 of the Revised Code or in any manner	353
prohibited under section 2923.16 of the Revised Code. A valid	354
license does not authorize the licensee to carry a concealed	355
handgun into any of the following places:	356

(1) A police station, sheriff's office, or state highway	357
patrol station, premises controlled by the bureau of criminal	358
identification and investigation, a state correctional	359
institution, jail, workhouse, or other detention facility, an	360
airport passenger terminal, or an institution that is maintained,	361
operated, managed, and governed pursuant to division (A) of	362
section 5119.02 of the Revised Code or division (A)(1) of section	363
5123.03 of the Revised Code;	364

(2) A school safety zone if the licensee's carrying the	365
concealed handgun is in violation of section 2923.122 of the	366
Revised Code;	367

(3) A courthouse or another building or structure in which a	368
courtroom is located, in violation of section 2923.123 of the	369
Revised Code;	370

(4) Any premises or open air arena for which a D permit has	371
been issued under Chapter 4303. of the Revised Code if the	372
licensee's carrying the concealed handgun is in violation of	373
section 2923.121 of the Revised Code;	374

(5) Any premises owned or leased by any public or private	375
college, university, or other institution of higher education,	376
unless the handgun is in a locked motor vehicle or the licensee is	377
in the immediate process of placing the handgun in a locked motor	378
vehicle;	379

(6) Any church, synagogue, mosque, or other place of worship,	380
unless the church, synagogue, mosque, or other place of worship	381
posts or permits otherwise;	382

(7) A child day-care center, a type A family day-care home, a	383
type B family day-care home, or a type C family day-care home,	384
except that this division does not prohibit a licensee who resides	385
in a type A family day-care home, a type B family day-care home,	386
or a type C family day-care home from carrying a concealed handgun	387
at any time in any part of the home that is not dedicated or used	388
for day-care purposes, or from carrying a concealed handgun in a	389
part of the home that is dedicated or used for day-care purposes	390
at any time during which no children, other than children of that	391
licensee, are in the home;	392

(8) An aircraft that is in, or intended for operation in,	393
foreign air transportation, interstate air transportation,	394
intrastate air transportation, or the transportation of mail by	395
aircraft;	396

(9) Any building that is a government facility of this state	397
or a political subdivision of this state and that is not a	398
building that is used primarily as a shelter, restroom, parking	399
facility for motor vehicles, or rest facility and is not a	400
courthouse or other building or structure in which a courtroom is	401
located that is subject to division (B)(3) of this section;	402

(10) A place in which federal law prohibits the carrying of	403
handguns.	404

(C)(1) Nothing in this section shall negate or restrict a	405
rule, policy, or practice of a private employer that is not a	406
private college, university, or other institution of higher	407
education concerning or prohibiting the presence of firearms on	408
the private employer's premises or property, including motor	409
vehicles owned by the private employer. Nothing in this section	410
shall require a private employer of that nature to adopt a rule,	411
policy, or practice concerning or prohibiting the presence of	412
firearms on the private employer's premises or property, including	413
motor vehicles owned by the private employer.	414

(2)(a) A private employer shall be immune from liability in a	415
civil action for any injury, death, or loss to person or property	416
that allegedly was caused by or related to a licensee bringing a	417
handgun onto the premises or property of the private employer,	418
including motor vehicles owned by the private employer, unless the	419
private employer acted with malicious purpose. A private employer	420
is immune from liability in a civil action for any injury, death,	421
or loss to person or property that allegedly was caused by or	422
related to the private employer's decision to permit a licensee to	423
bring, or prohibit a licensee from bringing, a handgun onto the	424
premises or property of the private employer. As used in this	425
division, "private employer" includes a private college,	426
university, or other institution of higher education.	427

(b) A political subdivision shall be immune from liability in	428
a civil action, to the extent and in the manner provided in	429
Chapter 2744. of the Revised Code, for any injury, death, or loss	430
to person or property that allegedly was caused by or related to a	431
licensee bringing a handgun onto any premises or property owned,	432
leased, or otherwise under the control of the political	433
subdivision. As used in this division, "political subdivision" has	434
the same meaning as in section 2744.01 of the Revised Code.	435

(3)(a) Except as provided in division (C)(3)(b) of this	436
section, the owner or person in control of private land or	437
premises, and a private person or entity leasing land or premises	438
owned by the state, the United States, or a political subdivision	439
of the state or the United States, may post a sign in a	440
conspicuous location on that land or on those premises prohibiting	441
persons from carrying firearms or concealed firearms on or onto	442
that land or those premises. Except as otherwise provided in this	443
division, a person who knowingly violates a posted prohibition of	444
that nature is guilty of criminal trespass in violation of	445
division (A)(4) of section 2911.21 of the Revised Code and is	446
guilty of a misdemeanor of the fourth degree. If a person	447
knowingly violates a posted prohibition of that nature and the	448
posted land or premises primarily was a parking lot or other	449
parking facility, the person is not guilty of criminal trespass in	450
violation of division (A)(4) of section 2911.21 of the Revised	451
Code and instead is subject only to a civil cause of action for	452
trespass based on the violation.	453

(b) A landlord may not prohibit or restrict a tenant who is a	454
licensee and who on or after the effective date of this amendment	455
September 9, 2008, enters into a rental agreement with the	456
landlord for the use of residential premises, and the tenant's	457
guest while the tenant is present, from lawfully carrying or	458
possessing a handgun on those residential premises.	459

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

460

(i) "Residential premises" has the same meaning as in section	461
5321.01 of the Revised Code, except "residential premises" does	462
not include a dwelling unit that is owned or operated by a college	463
or university.	464

(ii) "Landlord," "tenant," and "rental agreement" have the	465
same meanings as in section 5321.01 of the Revised Code.	466

(D) A person who holds a license to carry a concealed handgun	467
that was issued pursuant to the law of another state that is	468
recognized by the attorney general pursuant to a reciprocity	469
agreement entered into pursuant to section 109.69 of the Revised	470
Code has the same right to carry a concealed handgun in this state	471
as a person who was issued a license to carry a concealed handgun	472
under section 2923.125 of the Revised Code and is subject to the	473
same restrictions that apply to a person who carries a license	474
issued under that section.	475

(E) A peace officer has the same right to carry a concealed	476
handgun in this state as a person who was issued a license to	477
carry a concealed handgun under section 2923.125 of the Revised	478
Code. For purposes of reciprocity with other states, a peace	479
officer shall be considered to be a licensee in this state.	480

(F)(1) A qualified retired peace officer who possesses a	481
retired peace officer identification card issued pursuant to	482
division (F)(2) of this section and a valid firearms	483
requalification certification issued pursuant to division (F)(3)	484
of this section has the same right to carry a concealed handgun in	485
this state as a person who was issued a license to carry a	486
concealed handgun under section 2923.125 of the Revised Code and	487
is subject to the same restrictions that apply to a person who	488
carries a license issued under that section. For purposes of	489
reciprocity with other states, a qualified retired peace officer	490
who possesses a retired peace officer identification card issued	491
pursuant to division (F)(2) of this section and a valid firearms	492
requalification certification issued pursuant to division (F)(3)	493
of this section shall be considered to be a licensee in this	494
state.	495

(2)(a) Each public agency of this state or of a political	496
subdivision of this state that is served by one or more peace	497
officers shall issue a retired peace officer identification card	498
to any person who retired from service as a peace officer with	499
that agency, if the issuance is in accordance with the agency's	500
policies and procedures and if the person, with respect to the	501
person's service with that agency, satisfies all of the following:	502

(i) The person retired in good standing from service as a	503
peace officer with the public agency, and the retirement was not	504
for reasons of mental instability.	505

(ii) Before retiring from service as a peace officer with	506
that agency, the person was authorized to engage in or supervise	507
the prevention, detection, investigation, or prosecution of, or	508
the incarceration of any person for, any violation of law and the	509
person had statutory powers of arrest.	510

(iii) At the time of the person's retirement as a peace	511
officer with that agency, the person was trained and qualified to	512
carry firearms in the performance of the peace officer's duties.	513

(iv) Before retiring from service as a peace officer with	514
that agency, the person was regularly employed as a peace officer	515
for an aggregate of fifteen years or more, or, in the alternative,	516
the person retired from service as a peace officer with that	517
agency, after completing any applicable probationary period of	518
that service, due to a service-connected disability, as determined	519
by the agency.	520

(b) A retired peace officer identification card issued to a	521
person under division (F)(2)(a) of this section shall identify the	522
person by name, contain a photograph of the person, identify the	523
public agency of this state or of the political subdivision of	524
this state from which the person retired as a peace officer and	525
that is issuing the identification card, and specify that the	526
person retired in good standing from service as a peace officer	527
with the issuing public agency and satisfies the criteria set	528
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	529
addition to the required content specified in this division, a	530
retired peace officer identification card issued to a person under	531
division (F)(2)(a) of this section may include the firearms	532
requalification certification described in division (F)(3) of this	533
section, and if the identification card includes that	534
certification, the identification card shall serve as the firearms	535
requalification certification for the retired peace officer. If	536
the issuing public agency issues credentials to active law	537
enforcement officers who serve the agency, the agency may comply	538
with division (F)(2)(a) of this section by issuing the same	539
credentials to persons who retired from service as a peace officer	540
with the agency and who satisfy the criteria set forth in	541
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	542
credentials so issued to retired peace officers are stamped with	543
the word "RETIRED."	544

(c) A public agency of this state or of a political	545
subdivision of this state may charge persons who retired from	546
service as a peace officer with the agency a reasonable fee for	547
issuing to the person a retired peace officer identification card	548
pursuant to division (F)(2)(a) of this section.	549

(3) If a person retired from service as a peace officer with	550
a public agency of this state or of a political subdivision of	551
this state and the person satisfies the criteria set forth in	552
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	553
may provide the retired peace officer with the opportunity to	554
attend a firearms requalification program that is approved for	555
purposes of firearms requalification required under section	556
109.801 of the Revised Code. The retired peace officer may be	557
required to pay the cost of the course.	558

If a retired peace officer who satisfies the criteria set	559
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	560
firearms requalification program that is approved for purposes of	561
firearms requalification required under section 109.801 of the	562
Revised Code, the retired peace officer's successful completion of	563
the firearms requalification program requalifies the retired peace	564
officer for purposes of division (F) of this section for five	565
years from the date on which the program was successfully	566
completed, and the requalification is valid during that five-year	567
period. If a retired peace officer who satisfies the criteria set	568
forth in divisions (F)(2)(a)(i) to (iv) of this section	569
satisfactorily completes such a firearms requalification program,	570
the retired peace officer shall be issued a firearms	571
requalification certification that identifies the retired peace	572
officer by name, identifies the entity that taught the program,	573
specifies that the retired peace officer successfully completed	574
the program, specifies the date on which the course was	575
successfully completed, and specifies that the requalification is	576
valid for five years from that date of successful completion. The	577
firearms requalification certification for a retired peace officer	578
may be included in the retired peace officer identification card	579
issued to the retired peace officer under division (F)(2) of this	580
section.	581

A retired peace officer who attends a firearms	582
requalification program that is approved for purposes of firearms	583
requalification required under section 109.801 of the Revised Code	584
may be required to pay the cost of the program.	585

(G) As used in this section:

586

(1) "Qualified retired peace officer" means a person who	587
satisfies all of the following:	588

(a) The person satisfies the criteria set forth in divisions	589
(F)(2)(a)(i) to (v) of this section.	590

(b) The person is not under the influence of alcohol or	591
another intoxicating or hallucinatory drug or substance.	592

(c) The person is not prohibited by federal law from	593
receiving firearms.	594

(2) "Retired peace officer identification card" means an	595
identification card that is issued pursuant to division (F)(2) of	596
this section to a person who is a retired peace officer.	597

(3) "Government facility of this state or a political	598
subdivision of this state" means any of the following:	599

(a) A building or part of a building that is owned or leased	600
by the government of this state or a political subdivision of this	601
state and where employees of the government of this state or the	602
political subdivision regularly are present for the purpose of	603
performing their official duties as employees of the state or	604
political subdivision;	605

(b) The office of a deputy registrar serving pursuant to	606
Chapter 4503. of the Revised Code that is used to perform deputy	607
registrar functions.	608

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	609
license issued under section 2923.125 or 2923.1213 of the Revised	610
Code is arrested for or otherwise charged with an offense	611
described in division (D)(1)(d) of section 2923.125 of the Revised	612
Code or with a violation of section 2923.15 of the Revised Code or	613
becomes subject to a temporary protection order or to a protection	614
order issued by a court of another state that is substantially	615
equivalent to a temporary protection order, the sheriff who issued	616
the license or temporary emergency license shall suspend it and	617
shall comply with division (A)(3) of this section upon becoming	618
aware of the arrest, charge, or protection order. Upon suspending	619
the license or temporary emergency license, the sheriff also shall	620
comply with division (H) of section 2923.125 of the Revised Code.	621

(b) A suspension under division (A)(1)(a) of this section	622
shall be considered as beginning on the date that the licensee is	623
arrested for or otherwise charged with an offense described in	624
that division or on the date the appropriate court issued the	625
protection order described in that division, irrespective of when	626
the sheriff notifies the licensee under division (A)(3) of this	627
section. The suspension shall end on the date on which the charges	628
are dismissed or the licensee is found not guilty of the offense	629
described in division (A)(1)(a) of this section or, subject to	630
division (B) of this section, on the date the appropriate court	631
terminates the protection order described in that division. If the	632
suspension so ends, the sheriff shall return the license or	633
temporary emergency license to the licensee.	634

(2)(a) If a licensee holding a valid license issued under	635
section 2923.125 or 2923.1213 of the Revised Code is convicted of	636
or pleads guilty to a misdemeanor violation of division (B)(1),	637
(2), or (4) of section 2923.12 of the Revised Code or of division	638
(E)(1), (2), (3), or (5) of section 2923.16 of the Revised Code,	639
except as provided in division (A)(2)(c) of this section and	640
subject to division (C) of this section, the sheriff who issued	641
the license or temporary emergency license shall suspend it and	642
shall comply with division (A)(3) of this section upon becoming	643
aware of the conviction or guilty plea. Upon suspending the	644
license or temporary emergency license, the sheriff also shall	645
comply with division (H) of section 2923.125 of the Revised Code.	646

(b) A suspension under division (A)(2)(a) of this section	647
shall be considered as beginning on the date that the licensee is	648
convicted of or pleads guilty to the offense described in	649
misdemeanor violation of division (B)(2) of section 2923.12 of the	650
Revised Code that divisionis the basis of the suspension,	651
irrespective of when the sheriff notifies the licensee under	652
division (A)(3) of this section. If the suspension is imposed for	653
a misdemeanor violation of division (B)(1) or (2) of section	654
2923.12 of the Revised Code or of division (E)(1), (2), or (3) of	655
section 2923.16 of the Revised Code, it shall end on the date that	656
is one year after the date that the licensee is convicted of or	657
pleads guilty to that violation. If theThe suspension is imposed	658
for athe misdemeanor violation of division (B)(4)(2) of section	659
2923.12 of the Revised Code or of division (E)(5) of section	660
2923.16 of the Revised Code, it shall end on the date that is two	661
years after the date that the licensee is convicted of or pleads	662
guilty to that violation. If the licensee's license was issued	663
under section 2923.125 of the Revised Code and the license remains	664
valid after the suspension ends as described in this division,	665
when the suspension ends, the sheriff shall return the license to	666
the licensee. If the licensee's license was issued under section	667
2923.125 of the Revised Code and the license expires before the	668
suspension ends as described in this division, or if the	669
licensee's license was issued under section 2923.1213 of the	670
Revised Code, the licensee is not eligible to apply for a new	671
license under section 2923.125 or 2923.1213 of the Revised Code or	672
to renew the license under section 2923.125 of the Revised Code	673
until after the suspension ends as described in this division.	674

(c) The license of a licensee who is convicted of or pleads	675
guilty to a violation of division (B)(1) of section 2923.12 or	676
division (E)(1) or (2) of section 2923.16 of the Revised Code	677
shall not be suspended pursuant to division (A)(2)(a) of this	678
section if, at the time of the stop of the licensee for a law	679
enforcement purpose, for a traffic stop, or for a purpose defined	680
in section 5503.34 of the Revised Code that was the basis of the	681
violation, any law enforcement officer involved with the stop or	682
the employee of the motor carrier enforcement unit who made the	683
stop had actual knowledge of the licensee's status as a licensee.	684

(3) Upon becoming aware of an arrest, charge, or protection	685
order described in division (A)(1)(a) of this section with respect	686
to a licensee who was issued a license under section 2923.125 or	687
2923.1213 of the Revised Code, or a conviction of or plea of	688
guilty to a misdemeanor offense described in division (A)(2)(a) of	689
this section with respect to a licensee who was issued a license	690
under either section and with respect to which division (A)(2)(c)	691
of this section does not apply, subject to division (C) of this	692
section, the sheriff who issued the licensee's license or	693
temporary emergency license to carry a concealed handgun shall	694
notify the licensee, by certified mail, return receipt requested,	695
at the licensee's last known residence address that the license or	696
temporary emergency license has been suspended and that the	697
licensee is required to surrender the license or temporary	698
emergency license at the sheriff's office within ten days of the	699
date on which the notice was mailed. If the suspension is pursuant	700
to division (A)(2) of this section, the notice shall identify the	701
date on which the suspension ends.	702

(B)(1) A sheriff who issues a license or temporary emergency	703
license to carry a concealed handgun to a licensee under section	704
2923.125 or 2923.1213 of the Revised Code shall revoke the license	705
or temporary emergency license in accordance with division (B)(2)	706
of this section upon becoming aware that the licensee satisfies	707
any of the following:	708

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

709

(b) Subject to division (C) of this section, at the time of	710
the issuance of the license or temporary emergency license, the	711
licensee did not satisfy the eligibility requirements of division	712
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	713
Revised Code.	714

(c) Subject to division (C) of this section, on or after the	715
date on which the license or temporary emergency license was	716
issued, the licensee is convicted of or pleads guilty to a	717
violation of section 2923.15 of the Revised Code or an offense	718
described in division (D)(1)(e), (f), (g), or (h) of section	719
2923.125 of the Revised Code.	720

(d) On or after the date on which the license or temporary	721
emergency license was issued, the licensee becomes subject to a	722
civil protection order or to a protection order issued by a court	723
of another state that is substantially equivalent to a civil	724
protection order.	725

(e) The licensee knowingly carries a concealed handgun into a	726
place that the licensee knows is an unauthorized place specified	727
in division (B) of section 2923.126 of the Revised Code.	728

(f) On or after the date on which the license or temporary	729
emergency license was issued, the licensee is adjudicated as a	730
mental defective or is committed to a mental institution.	731

(g) At the time of the issuance of the license or temporary	732
emergency license, the licensee did not meet the residency	733
requirements described in division (D)(1) of section 2923.125 of	734
the Revised Code and currently does not meet the residency	735
requirements described in that division.	736

(h) Regarding a license issued under section 2923.125 of the	737
Revised Code, the competency certificate the licensee submitted	738
was forged or otherwise was fraudulent.	739

(2) Upon becoming aware of any circumstance listed in	740
division (B)(1) of this section that applies to a particular	741
licensee who was issued a license under section 2923.125 or	742
2923.1213 of the Revised Code, subject to division (C) of this	743
section, the sheriff who issued the license or temporary emergency	744
license to carry a concealed handgun to the licensee shall notify	745
the licensee, by certified mail, return receipt requested, at the	746
licensee's last known residence address that the license or	747
temporary emergency license is subject to revocation and that the	748
licensee may come to the sheriff's office and contest the	749
sheriff's proposed revocation within fourteen days of the date on	750
which the notice was mailed. After the fourteen-day period and	751
after consideration of any information that the licensee provides	752
during that period, if the sheriff determines on the basis of the	753
information of which the sheriff is aware that the licensee is	754
described in division (B)(1) of this section and no longer	755
satisfies the requirements described in division (D)(1) of section	756
2923.125 of the Revised Code that are applicable to the licensee's	757
type of license, the sheriff shall revoke the license or temporary	758
emergency license, notify the licensee of that fact, and require	759
the licensee to surrender the license or temporary emergency	760
license. Upon revoking the license or temporary emergency license,	761
the sheriff also shall comply with division (H) of section	762
2923.125 of the Revised Code.	763

(C) If a sheriff who issues a license or temporary emergency	764
license to carry a concealed handgun to a licensee under section	765
2923.125 or 2923.1213 of the Revised Code becomes aware that at	766
the time of the issuance of the license or temporary emergency	767
license the licensee had been convicted of or pleaded guilty to an	768
offense identified in division (D)(1)(e), (f), or (h) of section	769
2923.125 of the Revised Code or had been adjudicated a delinquent	770
child for committing an act or violation identified in any of	771
those divisions or becomes aware that on or after the date on	772
which the license or temporary emergency license was issued the	773
licensee has been convicted of or pleaded guilty to an offense	774
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	775
sheriff shall not consider that conviction, guilty plea, or	776
adjudication as having occurred for purposes of divisions (A)(2),	777
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	778
the sealing or expungement of the records of that conviction,	779
guilty plea, or adjudication pursuant to sections 2151.355 to	780
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	781
court has granted the licensee relief pursuant to section 2923.14	782
of the Revised Code from the disability imposed pursuant to	783
section 2923.13 of the Revised Code relative to that conviction,	784
guilty plea, or adjudication.	785

(D) As used in this section, "motor carrier enforcement unit"	786
has the same meaning as in section 2923.16 of the Revised Code.	787

Sec. 2923.16.  (A) No person shall knowingly discharge a	788
firearm while in or on a motor vehicle.	789

(B) No person shall knowingly transport or have a loaded	790
firearm in a motor vehicle in such a manner that the firearm is	791
accessible to the operator or any passenger without leaving the	792
vehicle.	793

(C) No person shall knowingly transport or have a firearm in	794
a motor vehicle, unless the person may lawfully possess that	795
firearm under applicable law of this state or the United States,	796
the firearm is unloaded, and the firearm is carried in one of the	797
following ways:	798

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

799

(2) In a compartment that can be reached only by leaving the	800
vehicle;	801

(3) In plain sight and secured in a rack or holder made for	802
the purpose;	803

(4) If the firearm is at least twenty-four inches in overall	804
length as measured from the muzzle to the part of the stock	805
furthest from the muzzle and if the barrel is at least eighteen	806
inches in length, either in plain sight with the action open or	807
the weapon stripped, or, if the firearm is of a type on which the	808
action will not stay open or which cannot easily be stripped, in	809
plain sight.	810

(D) No person shall knowingly transport or have a loaded	811
handgun in a motor vehicle if, at the time of that transportation	812
or possession, any of the following applies:	813

(1) The person is under the influence of alcohol, a drug of	814
abuse, or a combination of them.	815

(2) The person's whole blood, blood serum or plasma, breath,	816
or urine contains a concentration of alcohol, a listed controlled	817
substance, or a listed metabolite of a controlled substance	818
prohibited for persons operating a vehicle, as specified in	819
division (A) of section 4511.19 of the Revised Code, regardless of	820
whether the person at the time of the transportation or possession	821
as described in this division is the operator of or a passenger in	822
the motor vehicle.	823

(E) No person who has been issued a license or temporary	824
emergency license to carry a concealed handgun under section	825
2923.125 or 2923.1213 of the Revised Code or a license to carry a	826
concealed handgun that was issued to the person by another state	827
with which the attorney general has entered into a reciprocity	828
agreement under section 109.69 of the Revised Code, who is the	829
driver or an occupant of a motor vehicle that is stopped as a	830
result of a traffic stop or a stop for another law enforcement	831
purpose or is the driver or an occupant of a commercial motor	832
vehicle that is stopped by an employee of the motor carrier	833
enforcement unit for the purposes defined in section 5503.34 of	834
the Revised Code, and who is transporting or has a loaded handgun	835
in the motor vehicle or commercial motor vehicle in any manner,	836
shall do any of the following:	837

(1) Fail to promptly inform any law enforcement officer who	838
approaches the vehicle while stopped that the person has been	839
issued a license or temporary emergency license to carry a	840
concealed handgun and that the person then possesses or has a	841
loaded handgun in the motor vehicle;	842

(2) Fail to promptly inform the employee of the unit who	843
approaches the vehicle while stopped that the person has been	844
issued a license or temporary emergency license to carry a	845
concealed handgun and that the person then possesses or has a	846
loaded handgun in the commercial motor vehicle;	847

(3) Knowingly fail to remain in the motor vehicle while	848
stopped or knowingly fail to keep the person's hands in plain	849
sight at any time after any law enforcement officer begins	850
approaching the person while stopped and before the law	851
enforcement officer leaves, unless the failure is pursuant to and	852
in accordance with directions given by a law enforcement officer;	853

(4)(2) Knowingly have contact with the loaded handgun by	854
touching it with the person's hands or fingers in the motor	855
vehicle at any time after the law enforcement officer begins	856
approaching and before the law enforcement officer leaves, unless	857
the person removes, attempts to remove, grasps, holds, or has	858
contact with the loaded handgun pursuant to and in accordance with	859
directions given by the law enforcement officer;	860

(5)(3) Knowingly disregard or fail to comply with any lawful	861
order of any law enforcement officer given while the motor vehicle	862
is stopped, including, but not limited to, a specific order to the	863
person to keep the person's hands in plain sight.	864

(F)(1) Divisions (A), (B), (C), and (E) of this section do	865
not apply to any of the following:	866

(a) An officer, agent, or employee of this or any other state	867
or the United States, or a law enforcement officer, when	868
authorized to carry or have loaded or accessible firearms in motor	869
vehicles and acting within the scope of the officer's, agent's, or	870
employee's duties;	871

(b) Any person who is employed in this state, who is	872
authorized to carry or have loaded or accessible firearms in motor	873
vehicles, and who is subject to and in compliance with the	874
requirements of section 109.801 of the Revised Code, unless the	875
appointing authority of the person has expressly specified that	876
the exemption provided in division (F)(1)(b) of this section does	877
not apply to the person.	878

(2) Division (A) of this section does not apply to a person	879
if all of the following circumstances apply:	880

(a) The person discharges a firearm from a motor vehicle at a	881
coyote or groundhog, the discharge is not during the deer gun	882
hunting season as set by the chief of the division of wildlife of	883
the department of natural resources, and the discharge at the	884
coyote or groundhog, but for the operation of this section, is	885
lawful.	886

(b) The motor vehicle from which the person discharges the	887
firearm is on real property that is located in an unincorporated	888
area of a township and that either is zoned for agriculture or is	889
used for agriculture.	890

(c) The person owns the real property described in division	891
(F)(2)(b) of this section, is the spouse or a child of another	892
person who owns that real property, is a tenant of another person	893
who owns that real property, or is the spouse or a child of a	894
tenant of another person who owns that real property.	895

(d) The person does not discharge the firearm in any of the	896
following manners:	897

(i) While under the influence of alcohol, a drug of abuse, or	898
alcohol and a drug of abuse;	899

(ii) In the direction of a street, highway, or other public	900
or private property used by the public for vehicular traffic or	901
parking;	902

(iii) At or into an occupied structure that is a permanent or	903
temporary habitation;	904

(iv) In the commission of any violation of law, including,	905
but not limited to, a felony that includes, as an essential	906
element, purposely or knowingly causing or attempting to cause the	907
death of or physical harm to another and that was committed by	908
discharging a firearm from a motor vehicle.	909

(3) Division (A) of this section does not apply to a person	910
if all of the following apply:	911

(a) The person possesses a valid electric-powered all-purpose	912
vehicle permit issued under section 1533.103 of the Revised Code	913
by the chief of the division of wildlife.	914

(b) The person discharges a firearm at a wild quadruped or	915
game bird as defined in section 1531.01 of the Revised Code during	916
the open hunting season for the applicable wild quadruped or game	917
bird.	918

(c) The person discharges a firearm from a stationary	919
electric-powered all-purpose vehicle as defined in section 1531.01	920
of the Revised Code or a motor vehicle that is parked on a road	921
that is owned or administered by the division of wildlife,	922
provided that the road is identified by an electric-powered	923
all-purpose vehicle sign.	924

(d) The person does not discharge the firearm in any of the	925
following manners:	926

(i) While under the influence of alcohol, a drug of abuse, or	927
alcohol and a drug of abuse;	928

(ii) In the direction of a street, a highway, or other public	929
or private property that is used by the public for vehicular	930
traffic or parking;	931

(iii) At or into an occupied structure that is a permanent or	932
temporary habitation;	933

(iv) In the commission of any violation of law, including,	934
but not limited to, a felony that includes, as an essential	935
element, purposely or knowingly causing or attempting to cause the	936
death of or physical harm to another and that was committed by	937
discharging a firearm from a motor vehicle.	938

(4) Divisions (B) and (C) of this section do not apply to a	939
person if all of the following circumstances apply:	940

(a) At the time of the alleged violation of either of those	941
divisions, the person is the operator of or a passenger in a motor	942
vehicle.	943

(b) The motor vehicle is on real property that is located in	944
an unincorporated area of a township and that either is zoned for	945
agriculture or is used for agriculture.	946

(c) The person owns the real property described in division	947
(D)(4)(b) of this section, is the spouse or a child of another	948
person who owns that real property, is a tenant of another person	949
who owns that real property, or is the spouse or a child of a	950
tenant of another person who owns that real property.	951

(d) The person, prior to arriving at the real property	952
described in division (D)(4)(b) of this section, did not transport	953
or possess a firearm in the motor vehicle in a manner prohibited	954
by division (B) or (C) of this section while the motor vehicle was	955
being operated on a street, highway, or other public or private	956
property used by the public for vehicular traffic or parking.	957

(5) Divisions (B) and (C) of this section do not apply to a	958
person who transports or possesses a handgun in a motor vehicle	959
if, at the time of that transportation or possession, both of the	960
following apply:	961

(a) The person transporting or possessing the handgun is	962
carrying a valid license or temporary emergency license to carry a	963
concealed handgun issued to the person under section 2923.125 or	964
2923.1213 of the Revised Code or a license to carry a concealed	965
handgun that was issued by another state with which the attorney	966
general has entered into a reciprocity agreement under section	967
109.69 of the Revised Code.	968

(b) The person transporting or possessing the handgun is not	969
knowingly in a place described in division (B) of section 2923.126	970
of the Revised Code.	971

(6) Divisions (B) and (C) of this section do not apply to a	972
person if all of the following apply:	973

(a) The person possesses a valid electric-powered all-purpose	974
vehicle permit issued under section 1533.103 of the Revised Code	975
by the chief of the division of wildlife.	976

(b) The person is on or in an electric-powered all-purpose	977
vehicle as defined in section 1531.01 of the Revised Code or a	978
motor vehicle during the open hunting season for a wild quadruped	979
or game bird.	980

(c) The person is on or in an electric-powered all-purpose	981
vehicle as defined in section 1531.01 of the Revised Code or a	982
motor vehicle that is parked on a road that is owned or	983
administered by the division of wildlife, provided that the road	984
is identified by an electric-powered all-purpose vehicle sign.	985

(G)(1) The affirmative defenses authorized in divisions	986
(D)(1) and (2) of section 2923.12 of the Revised Code are	987
affirmative defenses to a charge under division (B) or (C) of this	988
section that involves a firearm other than a handgun.	989

(2) It is an affirmative defense to a charge under division	990
(B) or (C) of this section of improperly handling firearms in a	991
motor vehicle that the actor transported or had the firearm in the	992
motor vehicle for any lawful purpose and while the motor vehicle	993
was on the actor's own property, provided that this affirmative	994
defense is not available unless the person, immediately prior to	995
arriving at the actor's own property, did not transport or possess	996
the firearm in a motor vehicle in a manner prohibited by division	997
(B) or (C) of this section while the motor vehicle was being	998
operated on a street, highway, or other public or private property	999
used by the public for vehicular traffic.	1000

(H)(1) No person who is charged with a violation of division	1001
(B), (C), or (D) of this section shall be required to obtain a	1002
license or temporary emergency license to carry a concealed	1003
handgun under section 2923.125 or 2923.1213 of the Revised Code as	1004
a condition for the dismissal of the charge.	1005

(2)(a) If a person is convicted of, was convicted of, pleads	1006
guilty to, or has pleaded guilty to a violation of division (E) of	1007
this section as it existed prior to the effective date of this	1008
amendmentSeptember 30, 2011, and if the conduct that was the	1009
basis of the violation no longer would be a violation of division	1010
(E) of this section on or after the effective date of this	1011
amendmentSeptember 30, 2011, the person may file an application	1012
under section 2953.37 of the Revised Code requesting the	1013
expungement of the record of conviction.	1014

If a person is convicted of, was convicted of, pleads guilty	1015
to, or has pleaded guilty to a violation of division (B) or (C) of	1016
this section as the division existed prior to the effective date	1017
of this amendmentSeptember 30, 2011, and if the conduct that was	1018
the basis of the violation no longer would be a violation of	1019
division (B) or (C) of this section on or after the effective date	1020
of this amendmentSeptember 30, 2011, due to the application of	1021
division (F)(5) of this section as it exists on and after the	1022
effective date of this amendmentSeptember 30, 2011, the person	1023
may file an application under section 2953.37 of the Revised Code	1024
requesting the expungement of the record of conviction.	1025

(b) The attorney general shall develop a public media	1026
advisory that summarizes the expungement procedure established	1027
under section 2953.37 of the Revised Code and the offenders	1028
identified in division (H)(2)(a) of this section who are	1029
authorized to apply for the expungement. Within thirty days after	1030
the effective date of this amendmentSeptember 30, 2011, the	1031
attorney general shall provide a copy of the advisory to each	1032
daily newspaper published in this state and each television	1033
station that broadcasts in this state. The attorney general may	1034
provide the advisory in a tangible form, an electronic form, or in	1035
both tangible and electronic forms.	1036

(I) Whoever violates this section is guilty of improperly	1037
handling firearms in a motor vehicle. Violation of division (A) of	1038
this section is a felony of the fourth degree. Violation of	1039
division (C) of this section is a misdemeanor of the fourth	1040
degree. A violation of division (D) of this section is a felony of	1041
the fifth degree or, if the loaded handgun is concealed on the	1042
person's person, a felony of the fourth degree. Except as	1043
otherwise provided in this division, a violation of division	1044
(E)(1) or (2) of this section is a misdemeanor of the first	1045
degree, and, in addition to any other penalty or sanction imposed	1046
for the violation, the offender's license or temporary emergency	1047
license to carry a concealed handgun shall be suspended pursuant	1048
to division (A)(2) of section 2923.128 of the Revised Code. If at	1049
the time of the stop of the offender for a traffic stop, for	1050
another law enforcement purpose, or for a purpose defined in	1051
section 5503.34 of the Revised Code that was the basis of the	1052
violation any law enforcement officer involved with the stop or	1053
the employee of the motor carrier enforcement unit who made the	1054
stop had actual knowledge of the offender's status as a licensee,	1055
a violation of division (E)(1) or (2) of this section is a minor	1056
misdemeanor, and the offender's license or temporary emergency	1057
license to carry a concealed handgun shall not be suspended	1058
pursuant to division (A)(2) of section 2923.128 of the Revised	1059
Code. A violation of division (E)(4)(2) of this section is a	1060
felony of the fifth degree. A violation of division (E)(3)(1) or	1061
(5)(3) of this section is a misdemeanor of the first degree or, if	1062
the offender previously has been convicted of or pleaded guilty to	1063
a violation of division (E)(3)(1) or (5)(3) of this section, a	1064
felony of the fifth degree. In addition to any other penalty or	1065
sanction imposed for a misdemeanor violation of division (E)(3) or	1066
(5) of this section, the offender's license or temporary emergency	1067
license to carry a concealed handgun shall be suspended pursuant	1068
to division (A)(2) of section 2923.128 of the Revised Code. A	1069
violation of division (B) of this section is a felony of the	1070
fourth degree.	1071

(J) If a law enforcement officer stops a motor vehicle for a	1072
traffic stop or any other purpose, if any person in the motor	1073
vehicle surrenders a firearm to the officer, either voluntarily or	1074
pursuant to a request or demand of the officer, and if the officer	1075
does not charge the person with a violation of this section or	1076
arrest the person for any offense, the person is not otherwise	1077
prohibited by law from possessing the firearm, and the firearm is	1078
not contraband, the officer shall return the firearm to the person	1079
at the termination of the stop. If a court orders a law	1080
enforcement officer to return a firearm to a person pursuant to	1081
the requirement set forth in this division, division (B) of	1082
section 2923.163 of the Revised Code applies.	1083

(K) As used in this section:

1084

(1) "Motor vehicle," "street," and "highway" have the same	1085
meanings as in section 4511.01 of the Revised Code.	1086

(2) "Occupied structure" has the same meaning as in section	1087
2909.01 of the Revised Code.	1088

(3) "Agriculture" has the same meaning as in section 519.01	1089
of the Revised Code.	1090

(4) "Tenant" has the same meaning as in section 1531.01 of	1091
the Revised Code.	1092

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

1093

(a) No ammunition is in the firearm in question, and no	1094
ammunition is loaded into a magazine or speed loader that may be	1095
used with the firearm in question and that is located anywhere	1096
within the vehicle in question, without regard to where ammunition	1097
otherwise is located within the vehicle in question. For the	1098
purposes of division (K)(5)(a) of this section, ammunition held in	1099
stripper-clips or in en-bloc clips is not considered ammunition	1100
that is loaded into a magazine or speed loader.	1101

(b) With respect to a firearm employing a percussion cap,	1102
flintlock, or other obsolete ignition system, when the weapon is	1103
uncapped or when the priming charge is removed from the pan.	1104

(6) "Commercial motor vehicle" has the same meaning as in	1105
division (A) of section 4506.25 of the Revised Code.	1106

(7) "Motor carrier enforcement unit" means the motor carrier	1107
enforcement unit in the department of public safety, division of	1108
state highway patrol, that is created by section 5503.34 of the	1109
Revised Code.	1110

Section 2.  That existing sections 2923.12, 2923.124,	1111
2923.126, 2923.128, and 2923.16 of the Revised Code are hereby	1112
repealed.	1113