As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 495

Representative Johnson 

Cosponsors: Representatives Hill, Hall, Adams, R., Brenner, Derickson, Wachtmann, Combs, Hayes, Buchy, Boose, McClain, Goodwin, Thompson, Conditt, Grossman, Maag, Sears, Damschroder, Hackett, Fende, Uecker, Young, Adams, J., Bubp, Stautberg, Ruhl, DeVitis, Dovilla 

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A BILL

To amend sections 109.69, 109.731, 311.41, 311.42,

1

1547.69, 2921.13, 2923.11, 2923.12, 2923.121,

2

2923.122, 2923.123, 2923.124, 2923.125, 2923.126,

3

2923.127, 2923.128, 2923.129, 2923.1210,

4

2923.1211, 2923.1213, 2923.16, and 2953.37 of the

5

Revised Code to authorize the automatic validity

6

in Ohio of a concealed handgun license issued by

7

another state if the other state automatically

8

recognizes as valid in that state an Ohio

9

concealed handgun license without the need for any

10

reciprocity agreement between the states; to

11

repeal the competency certification currently

12

required for renewal of a concealed handgun

13

license; to revise the definition of "unloaded"

14

that applies to the offense of "improperly

15

handling firearms in a motor vehicle" and the

16

related vessel-based offense; and to simplify,

17

through the use of new definitions, the law

18

regarding concealed handgun licenses.

19

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

Section 1.  That sections 109.69, 109.731, 311.41, 311.42,	20
1547.69, 2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123,	21
2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129,	22
2923.1210, 2923.1211, 2923.1213, 2923.16, and 2953.37 of the	23
Revised Code be amended to read as follows:	24

Sec. 109.69. (A)(1) The attorney general shallmay negotiate	25
and enter into a reciprocity agreement with any other	26
license-issuing state under which a license to carry a concealed	27
handgun license that is issued by the other state is recognized in	28
this state if the attorney general determines that both of the	29
following apply:	30

(a) The eligibility requirements imposed by that	31
license-issuing state for that license are substantially	32
comparable to the eligibility requirements for a license to carry	33
a concealed handgun issued under section 2923.125 of the Revised	34
Code.	35

(b) Thatthe license-issuing state recognizes a concealed	36
handgun license to carry a concealed handgun issued under section	37
2923.125 of the Revised Code.	38

(2) A reciprocity agreement entered into under division	39
(A)(1) of this section also may provide for the recognition in	40
this state of a license to carry a concealed handgun license	41
issued on a temporary or emergency basis by the other	42
license-issuing state, if the eligibility requirements imposed by	43
that license-issuing state for the temporary or emergency license	44
are substantially comparable to the eligibility requirements for a	45
license or temporary emergency license to carry a concealed	46
handgun license issued under section 2923.125 or 2923.1213 of the	47
Revised Code and if that license-issuing state recognizes a	48
temporary emergency license to carry a concealed handgun license	49
issued under section 2923.1213 of the Revised Code.	50

(3)(B) The attorney general shall not negotiate anymay	51
determine if another state automatically, without written	52
agreement with any other license-issuing state under which a	53
license to carry, recognizes a concealed handgun that islicense	54
issued by the other state is recognized in this state other than	55
as provided in divisions (A)(1) and (2) of thisunder section	56
2923.125 of the Revised Code. If the attorney general determines	57
that another state recognizes in that manner a concealed carry	58
license issued under that section, all of the following apply:	59

(1) The attorney general shall publish that determination in	60
the same manner as written agreements entered into as described in	61
division (A)(1) or (2) of this section are published.	62

(2) That determination shall have the same force and effect	63
as a written agreement entered into as described in division	64
(A)(1) or (2) of this section.	65

(3) The concealed handgun license issued by the other state	66
shall be accepted and valid in this state the same as if a written	67
agreement between this state and the other state existed as	68
described in division (A)(1) or (2) of this section.	69

(B)(C) As used in this section:

70

(1) "Handgun" hasand "concealed handgun license" have the	71
same meaningmeanings as in section 2923.11 of the Revised Code.	72

(2) "License-issuing state" means a state other than this	73
state that, pursuant to law, provides for the issuance of a	74
license to carry a concealed handgun.	75

Sec. 109.731.  (A) The Ohio peace officer training commission	76
shall prescribe, and shall make available to sheriffs, all of the	77
following:	78

(1) An application form that is to be used under section	79
2923.125 of the Revised Code by a person who applies for a license	80
to carry a concealed handgun license and an application form that	81
is to be used under section 2923.125 of the Revised Code by a	82
person who applies for the renewal of a license of that nature,	83
both of which shall conform substantially to the forms prescribed	84
in section 2923.1210 of the Revised Code;	85

(2) A form for the license to carry a concealed handgun	86
license that is to be issued by sheriffs to persons who qualify	87
for a license to carry a concealed handgun license under section	88
2923.125 of the Revised Code and that conforms to the following	89
requirements:	90

(a) It has space for the licensee's full name, residence	91
address, and date of birth and for a color photograph of the	92
licensee.	93

(b) It has space for the date of issuance of the license, its	94
expiration date, its county of issuance, the name of the sheriff	95
who issues the license, and the unique combination of letters and	96
numbers that identify the county of issuance and the license given	97
to the licensee by the sheriff in accordance with division (A)(4)	98
of this section.	99

(c) It has space for the signature of the licensee and the	100
signature or a facsimile signature of the sheriff who issues the	101
license.	102

(d) It does not require the licensee to include serial	103
numbers of handguns, other identification related to handguns, or	104
similar data that is not pertinent or relevant to obtaining the	105
license and that could be used as a de facto means of registration	106
of handguns owned by the licensee.	107

(3) A series of three-letter county codes that identify each	108
county in this state;	109

(4) A procedure by which a sheriff shall give each concealed	110
handgun license, replacement concealed handgun license, or renewal	111
concealed handgun license to carry a concealed handgun and each	112
temporary emergencyconcealed handgun license on a temporary	113
emergency basis or replacement temporary emergency license to	114
carry a concealed handgunon a temporary emergency basis the	115
sheriff issues under section 2923.125 or 2923.1213 of the Revised	116
Code a unique combination of letters and numbers that identifies	117
the county in which the license or temporary emergency license was	118
issued and that uses the county code and a unique number for each	119
license and each temporary emergency license the sheriff of that	120
county issues;	121

(5) A form for the temporary emergency license to carry a	122
concealed handgun license on a temporary emergency basis that is	123
to be issued by sheriffs to persons who qualify for such a	124
temporary emergency license under section 2923.1213 of the Revised	125
Code, which form shall conform to all the requirements set forth	126
in divisions (A)(2)(a) to (d) of this section and shall	127
additionally conspicuously specify that the license is issued on a	128
temporary emergency licensebasis and the date of its issuance.	129

(B)(1) The Ohio peace officer training commission, in	130
consultation with the attorney general, shall prepare a pamphlet	131
that does all of the following, in everyday language:	132

(a) Explains the firearms laws of this state;

133

(b) Instructs the reader in dispute resolution and explains	134
the laws of this state related to that matter;	135

(c) Provides information to the reader regarding all aspects	136
of the use of deadly force with a firearm, including, but not	137
limited to, the steps that should be taken before contemplating	138
the use of, or using, deadly force with a firearm, possible	139
alternatives to using deadly force with a firearm, and the law	140
governing the use of deadly force with a firearm.	141

(2) The attorney general shall consult with and assist the	142
commission in the preparation of the pamphlet described in	143
division (B)(1) of this section and, as necessary, shall recommend	144
to the commission changes in the pamphlet to reflect changes in	145
the law that are relevant to it. The attorney general shall	146
publish the pamphlet on the web site of the attorney general and	147
shall provide the address of the web site to any person who	148
requests the pamphlet.	149

(C) The Ohio peace officer training commission shall maintain	150
statistics with respect to the issuance, renewal, suspension,	151
revocation, and denial of licenses to carry a concealed handgun	152
licenses under section 2923.125 of the Revised Code and the	153
suspension of processing of applications for those licenses, and	154
with respect to the issuance, suspension, revocation, and denial	155
of temporary emergency licenses to carry a concealed handgun	156
licenses on a temporary emergency basis under section 2923.1213 of	157
the Revised Code, as reported by the sheriffs pursuant to division	158
(C) of section 2923.129 of the Revised Code. Not later than the	159
first day of March in each year, the commission shall submit a	160
statistical report to the governor, the president of the senate,	161
and the speaker of the house of representatives indicating the	162
number of licenses to carry a concealed handgun licenses that were	163
issued, renewed, suspended, revoked, and denied under section	164
2923.125 of the Revised Code in the previous calendar year, the	165
number of applications for those licenses for which processing was	166
suspended in accordance with division (D)(3) of that section	167
2923.125 of the Revised Code in the previous calendar year, and	168
the number of temporary emergency licenses to carry a concealed	169
handgun licenses on a temporary emergency basis that were issued,	170
suspended, revoked, or denied under section 2923.1213 of the	171
Revised Code in the previous calendar year. Nothing in the	172
statistics or the statistical report shall identify, or enable the	173
identification of, any individual who was issued or denied a	174
license, for whom a license was renewed, whose license was	175
suspended or revoked, or for whom application processing was	176
suspended. The statistics and the statistical report are public	177
records for the purpose of section 149.43 of the Revised Code.	178

(D) As used in this section, "concealed handgun license" and	179
"handgun" hashave the same meaningmeanings as in section	180
2923.11 of the Revised Code.	181

Sec. 311.41. (A)(1) Upon receipt of an application for a	182
license to carry a concealed handgun license under division (C) of	183
section 2923.125 of the Revised Code, an application to renew a	184
license to carry a concealed handgun license under division (F) of	185
that section, or an application for a temporary emergency license	186
to carry a concealed handgun license on a temporary emergency	187
basis under section 2923.1213 of the Revised Code, the sheriff	188
shall conduct a criminal records check and an incompetency check	189
of the applicant to determine whether the applicant fails to meet	190
the criteria described in division (D)(1) of section 2923.125 of	191
the Revised Code. The sheriff shall conduct the criminal records	192
check and the incompetency records check required by this division	193
through use of an electronic fingerprint reading device or, if the	194
sheriff does not possess and does not have ready access to the use	195
of an electronic fingerprint reading device, by requesting the	196
bureau of criminal identification and investigation to conduct the	197
checks as described in this division.	198

In order to conduct the criminal records check and the	199
incompetency records check, the sheriff shall obtain the	200
fingerprints of at least four fingers of the applicant by using an	201
electronic fingerprint reading device for the purpose of	202
conducting the criminal records check and the incompetency records	203
check or, if the sheriff does not possess and does not have ready	204
access to the use of an electronic fingerprint reading device,	205
shall obtain from the applicant a completed standard fingerprint	206
impression sheet prescribed pursuant to division (C)(2) of section	207
109.572 of the Revised Code. The fingerprints so obtained, along	208
with the applicant's social security number, shall be used to	209
conduct the criminal records check and the incompetency records	210
check. If the sheriff does not use an electronic fingerprint	211
reading device to obtain the fingerprints and conduct the records	212
checks, the sheriff shall submit the completed standard	213
fingerprint impression sheet of the applicant, along with the	214
applicant's social security number, to the superintendent of the	215
bureau of criminal identification and investigation and shall	216
request the bureau to conduct the criminal records check and the	217
incompetency records check of the applicant and, if necessary,	218
shall request the superintendent of the bureau to obtain	219
information from the federal bureau of investigation as part of	220
the criminal records check for the applicant. If it is not	221
possible to use an electronic fingerprint reading device to	222
conduct an incompetency records check, the sheriff shall submit	223
the completed standard fingerprint impression sheet of the	224
applicant, along with the applicant's social security number, to	225
the superintendent of the bureau of criminal identification and	226
investigation and shall request the bureau to conduct the	227
incompetency records check. The sheriff shall not retain the	228
applicant's fingerprints as part of the application.	229

(2) Except as otherwise provided in this division, if at any	230
time the applicant decides not to continue with the application	231
process, the sheriff immediately shall cease any investigation	232
that is being conducted under division (A)(1) of this section. The	233
sheriff shall not cease that investigation if, at the time of the	234
applicant's decision not to continue with the application process,	235
the sheriff had determined from any of the sheriff's	236
investigations that the applicant then was engaged in activity of	237
a criminal nature.	238

(B) If a criminal records check and an incompetency records	239
check conducted under division (A) of this section do not indicate	240
that the applicant fails to meet the criteria described in	241
division (D)(1) of section 2923.125 of the Revised Code, except as	242
otherwise provided in this division, the sheriff shall destroy or	243
cause a designated employee to destroy all records other than the	244
application for a license to carry a concealed handgun license,	245
the application to renew a license to carry a concealed handgun	246
license, or the affidavit submitted regarding an application for a	247
temporary emergency license to carry a concealed handgun license	248
on a temporary emergency basis that were made in connection with	249
the criminal records check and incompetency records check within	250
twenty days after conducting the criminal records check and	251
incompetency records check. If an applicant appeals a denial of an	252
application as described in division (D)(2) of section 2923.125 of	253
the Revised Code or challenges the results of a criminal records	254
check pursuant to section 2923.127 of the Revised Code, records of	255
fingerprints of the applicant shall not be destroyed during the	256
pendency of the appeal or the challenge and review. When an	257
applicant appeals a denial as described in that division, the	258
twenty-day period described in this division commences regarding	259
the fingerprints upon the determination of the appeal. When	260
required as a result of a challenge and review performed pursuant	261
to section 2923.127 of the Revised Code, the source the sheriff	262
used in conducting the criminal records check shall destroy or the	263
chief operating officer of the source shall cause an employee of	264
the source designated by the chief to destroy all records other	265
than the application for a license to carry a concealed handgun	266
license, the application to renew a license to carry a concealed	267
handgun license, or the affidavit submitted regarding an	268
application for a temporary emergency license to carry a concealed	269
handgun license on a temporary emergency basis that were made in	270
connection with the criminal records check within twenty days	271
after completion of that challenge and review.	272

(C) If division (B) of this section applies to a particular	273
criminal records check or incompetency records check, no sheriff,	274
employee of a sheriff designated by the sheriff to destroy records	275
under that division, source the sheriff used in conducting the	276
criminal records check or incompetency records check, or employee	277
of the source designated by the chief operating officer of the	278
source to destroy records under that division shall fail to	279
destroy or cause to be destroyed within the applicable twenty-day	280
period specified in that division all records other than the	281
application for a license to carry a concealed handgun license,	282
the application to renew a license to carry a concealed handgun	283
license, or the affidavit submitted regarding an application for a	284
temporary emergency license to carry a concealed handgun license	285
on a temporary emergency basis made in connection with the	286
particular criminal records check or incompetency records check.	287

(D) Whoever violates division (C) of this section is guilty	288
of failure to destroy records, a misdemeanor of the second degree.	289

(E) As used in this section, "concealed handgun license" and	290
"handgun" hashave the same meaningmeanings as in section 2923.11	291
of the Revised Code.	292

Sec. 311.42.  (A) Each county shall establish in the county	293
treasury a sheriff's concealed handgun license issuance expense	294
fund. The sheriff of that county shall deposit into that fund all	295
fees paid by applicants for the issuance or renewal of a concealed	296
handgun license or duplicate concealed handgun license to carry a	297
concealed handgun under section 2923.125 of the Revised Code and	298
all fees paid by the person seeking a temporary emergency license	299
to carry a concealed handgun license on a temporary emergency	300
basis under section 2923.1213 of the Revised Code. The county	301
shall distribute all fees deposited into the fund except forty	302
dollars of each fee paid by an applicant under division (B) of	303
section 2923.125 of the Revised Code, fifteen dollars of each fee	304
paid under section 2923.1213 of the Revised Code, and thirty-five	305
dollars of each fee paid under division (F) of section 2923.125 of	306
the Revised Code to the attorney general to be used to pay the	307
cost of background checks performed by the bureau of criminal	308
identification and investigation and the federal bureau of	309
investigation and to cover administrative costs associated with	310
issuing the license.	311

(B) The sheriff, with the approval of the board of county	312
commissioners, may expend any county portion of the fees deposited	313
into the sheriff's concealed handgun license issuance expense fund	314
for any costs incurred by the sheriff in connection with	315
performing any administrative functions related to the issuance of	316
licenses or temporary emergency licenses to carry a concealed	317
handgun licenses under section 2923.125 or 2923.1213 of the	318
Revised Code, including, but not limited to, personnel expenses	319
and the costs of any handgun safety education program that the	320
sheriff chooses to fund.	321

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

322

(1) "Firearm," and"concealed handgun license," "handgun,"	323
and "valid concealed handgun license" have the same meanings as in	324
section 2923.11 of the Revised Code.	325

(2) "Unloaded" has the same meaning as in section 2923.16 of	326
the Revised Code.	327

(B) No person shall knowingly discharge a firearm while in or	328
on a vessel.	329

(C) No person shall knowingly transport or have a loaded	330
firearm in a vessel in a manner that the firearm is accessible to	331
the operator or any passenger.	332

(D) No person shall knowingly transport or have a firearm in	333
a vessel unless it is unloaded and is carried in one of the	334
following ways:	335

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

336

(2) In plain sight with the action opened or the weapon	337
stripped, or, if the firearm is of a type on which the action will	338
not stay open or that cannot easily be stripped, in plain sight.	339

(E)(1) The affirmative defenses authorized in divisions	340
(D)(1) and (2) of section 2923.12 of the Revised Code are	341
affirmative defenses to a charge under division (C) or (D) of this	342
section that involves a firearm other than a handgun. It is an	343
affirmative defense to a charge under division (C) or (D) of this	344
section of transporting or having a firearm of any type, including	345
a handgun, in a vessel that the actor transported or had the	346
firearm in the vessel for any lawful purpose and while the vessel	347
was on the actor's own property, provided that this affirmative	348
defense is not available unless the actor, prior to arriving at	349
the vessel on the actor's own property, did not transport or	350
possess the firearm in the vessel or in a motor vehicle in a	351
manner prohibited by this section or division (B) or (C) of	352
section 2923.16 of the Revised Code while the vessel was being	353
operated on a waterway that was not on the actor's own property or	354
while the motor vehicle was being operated on a street, highway,	355
or other public or private property used by the public for	356
vehicular traffic.	357

(2) No person who is charged with a violation of division (C)	358
or (D) of this section shall be required to obtain a license or	359
temporary emergency license to carry a concealed handgun under	360
section 2923.125 or 2923.1213 of the Revised Code as a condition	361
for the dismissal of the charge.	362

(F) Divisions (B), (C), and (D) of this section do not apply	363
to the possession or discharge of a United States coast guard	364
approved signaling device required to be carried aboard a vessel	365
under section 1547.251 of the Revised Code when the signaling	366
device is possessed or used for the purpose of giving a visual	367
distress signal. No person shall knowingly transport or possess	368
any signaling device of that nature in or on a vessel in a loaded	369
condition at any time other than immediately prior to the	370
discharge of the signaling device for the purpose of giving a	371
visual distress signal.	372

(G) No person shall operate or permit to be operated any	373
vessel on the waters in this state in violation of this section.	374

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

375

(a) An officer, agent, or employee of this or any other state	376
or of the United States, or to a law enforcement officer, when	377
authorized to carry or have loaded or accessible firearms in a	378
vessel and acting within the scope of the officer's, agent's, or	379
employee's duties;	380

(b) Any person who is employed in this state, who is	381
authorized to carry or have loaded or accessible firearms in a	382
vessel, and who is subject to and in compliance with the	383
requirements of section 109.801 of the Revised Code, unless the	384
appointing authority of the person has expressly specified that	385
the exemption provided in division (H)(1)(b) of this section does	386
not apply to the person;	387

(c) Any person legally engaged in hunting.

388

(2) Divisions (C) and (D) of this section do not apply to a	389
person who transports or possesses a handgun in a vessel and who,	390
at the time of that transportation or possession, is carrying a	391
valid license or temporary emergency license to carry a concealed	392
handgun issued to the person under section 2923.125 or 2923.1213	393
of the Revised Code or a license to carry a concealed handgun that	394
was issued by another state with which the attorney general has	395
entered into a reciprocity agreement under section 109.69 of the	396
Revised Codelicense, unless the person knowingly is in a place on	397
the vessel described in division (B) of section 2923.126 of the	398
Revised Code.	399

(I) If a law enforcement officer stops a vessel for a	400
violation of this section or any other law enforcement purpose, if	401
any person on the vessel surrenders a firearm to the officer,	402
either voluntarily or pursuant to a request or demand of the	403
officer, and if the officer does not charge the person with a	404
violation of this section or arrest the person for any offense,	405
the person is not otherwise prohibited by law from possessing the	406
firearm, and the firearm is not contraband, the officer shall	407
return the firearm to the person at the termination of the stop.	408

Sec. 2921.13.  (A) No person shall knowingly make a false	409
statement, or knowingly swear or affirm the truth of a false	410
statement previously made, when any of the following applies:	411

(1) The statement is made in any official proceeding.

412

(2) The statement is made with purpose to incriminate	413
another.	414

(3) The statement is made with purpose to mislead a public	415
official in performing the public official's official function.	416

(4) The statement is made with purpose to secure the payment	417
of unemployment compensation; Ohio works first; prevention,	418
retention, and contingency benefits and services; disability	419
financial assistance; retirement benefits; economic development	420
assistance, as defined in section 9.66 of the Revised Code; or	421
other benefits administered by a governmental agency or paid out	422
of a public treasury.	423

(5) The statement is made with purpose to secure the issuance	424
by a governmental agency of a license, permit, authorization,	425
certificate, registration, release, or provider agreement.	426

(6) The statement is sworn or affirmed before a notary public	427
or another person empowered to administer oaths.	428

(7) The statement is in writing on or in connection with a	429
report or return that is required or authorized by law.	430

(8) The statement is in writing and is made with purpose to	431
induce another to extend credit to or employ the offender, to	432
confer any degree, diploma, certificate of attainment, award of	433
excellence, or honor on the offender, or to extend to or bestow	434
upon the offender any other valuable benefit or distinction, when	435
the person to whom the statement is directed relies upon it to	436
that person's detriment.	437

(9) The statement is made with purpose to commit or	438
facilitate the commission of a theft offense.	439

(10) The statement is knowingly made to a probate court in	440
connection with any action, proceeding, or other matter within its	441
jurisdiction, either orally or in a written document, including,	442
but not limited to, an application, petition, complaint, or other	443
pleading, or an inventory, account, or report.	444

(11) The statement is made on an account, form, record,	445
stamp, label, or other writing that is required by law.	446

(12) The statement is made in connection with the purchase of	447
a firearm, as defined in section 2923.11 of the Revised Code, and	448
in conjunction with the furnishing to the seller of the firearm of	449
a fictitious or altered driver's or commercial driver's license or	450
permit, a fictitious or altered identification card, or any other	451
document that contains false information about the purchaser's	452
identity.	453

(13) The statement is made in a document or instrument of	454
writing that purports to be a judgment, lien, or claim of	455
indebtedness and is filed or recorded with the secretary of state,	456
a county recorder, or the clerk of a court of record.	457

(14) The statement is made in an application filed with a	458
county sheriff pursuant to section 2923.125 of the Revised Code in	459
order to obtain or renew a license to carry a concealed handgun	460
license or is made in an affidavit submitted to a county sheriff	461
to obtain a temporary emergency license to carry a concealed	462
handgun license on a temporary emergency basis under section	463
2923.1213 of the Revised Code.	464

(15) The statement is required under section 5743.71 of the	465
Revised Code in connection with the person's purchase of	466
cigarettes or tobacco products in a delivery sale.	467

(B) No person, in connection with the purchase of a firearm,	468
as defined in section 2923.11 of the Revised Code, shall knowingly	469
furnish to the seller of the firearm a fictitious or altered	470
driver's or commercial driver's license or permit, a fictitious or	471
altered identification card, or any other document that contains	472
false information about the purchaser's identity.	473

(C) No person, in an attempt to obtain a license to carry a	474
concealed handgun license under section 2923.125 of the Revised	475
Code, shall knowingly present to a sheriff a fictitious or altered	476
document that purports to be certification of the person's	477
competence in handling a handgun as described in division (B)(3)	478
of that section 2923.125 of the Revised Code.	479

(D) It is no defense to a charge under division (A)(6) of	480
this section that the oath or affirmation was administered or	481
taken in an irregular manner.	482

(E) If contradictory statements relating to the same fact are	483
made by the offender within the period of the statute of	484
limitations for falsification, it is not necessary for the	485
prosecution to prove which statement was false but only that one	486
or the other was false.	487

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	488
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	489
of falsification, a misdemeanor of the first degree.	490

(2) Whoever violates division (A)(9) of this section is	491
guilty of falsification in a theft offense. Except as otherwise	492
provided in this division, falsification in a theft offense is a	493
misdemeanor of the first degree. If the value of the property or	494
services stolen is one thousand dollars or more and is less than	495
seven thousand five hundred dollars, falsification in a theft	496
offense is a felony of the fifth degree. If the value of the	497
property or services stolen is seven thousand five hundred dollars	498
or more and is less than one hundred fifty thousand dollars,	499
falsification in a theft offense is a felony of the fourth degree.	500
If the value of the property or services stolen is one hundred	501
fifty thousand dollars or more, falsification in a theft offense	502
is a felony of the third degree.	503

(3) Whoever violates division (A)(12) or (B) of this section	504
is guilty of falsification to purchase a firearm, a felony of the	505
fifth degree.	506

(4) Whoever violates division (A)(14) or (C) of this section	507
is guilty of falsification to obtain a concealed handgun license,	508
a felony of the fourth degree.	509

(G) A person who violates this section is liable in a civil	510
action to any person harmed by the violation for injury, death, or	511
loss to person or property incurred as a result of the commission	512
of the offense and for reasonable attorney's fees, court costs,	513
and other expenses incurred as a result of prosecuting the civil	514
action commenced under this division. A civil action under this	515
division is not the exclusive remedy of a person who incurs	516
injury, death, or loss to person or property as a result of a	517
violation of this section.	518

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	519
Revised Code:	520

(A) "Deadly weapon" means any instrument, device, or thing	521
capable of inflicting death, and designed or specially adapted for	522
use as a weapon, or possessed, carried, or used as a weapon.	523

(B)(1) "Firearm" means any deadly weapon capable of expelling	524
or propelling one or more projectiles by the action of an	525
explosive or combustible propellant. "Firearm" includes an	526
unloaded firearm, and any firearm that is inoperable but that can	527
readily be rendered operable.	528

(2) When determining whether a firearm is capable of	529
expelling or propelling one or more projectiles by the action of	530
an explosive or combustible propellant, the trier of fact may rely	531
upon circumstantial evidence, including, but not limited to, the	532
representations and actions of the individual exercising control	533
over the firearm.	534

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

535

(1) Any firearm that has a short stock and is designed to be	536
held and fired by the use of a single hand;	537

(2) Any combination of parts from which a firearm of a type	538
described in division (C)(1) of this section can be assembled.	539

(D) "Semi-automatic firearm" means any firearm designed or	540
specially adapted to fire a single cartridge and automatically	541
chamber a succeeding cartridge ready to fire, with a single	542
function of the trigger.	543

(E) "Automatic firearm" means any firearm designed or	544
specially adapted to fire a succession of cartridges with a single	545
function of the trigger. "Automatic firearm" also means any	546
semi-automatic firearm designed or specially adapted to fire more	547
than thirty-one cartridges without reloading, other than a firearm	548
chambering only .22 caliber short, long, or long-rifle cartridges.	549

(F) "Sawed-off firearm" means a shotgun with a barrel less	550
than eighteen inches long, or a rifle with a barrel less than	551
sixteen inches long, or a shotgun or rifle less than twenty-six	552
inches long overall.	553

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

554

(1) Any firearm of crude and extemporized manufacture;

555

(2) Any device, including without limitation a starter's	556
pistol, that is not designed as a firearm, but that is specially	557
adapted for use as a firearm;	558

(3) Any industrial tool, signalling device, or safety device,	559
that is not designed as a firearm, but that as designed is capable	560
of use as such, when possessed, carried, or used as a firearm.	561

(H) "Explosive device" means any device designed or specially	562
adapted to cause physical harm to persons or property by means of	563
an explosion, and consisting of an explosive substance or agency	564
and a means to detonate it. "Explosive device" includes without	565
limitation any bomb, any explosive demolition device, any blasting	566
cap or detonator containing an explosive charge, and any pressure	567
vessel that has been knowingly tampered with or arranged so as to	568
explode.	569

(I) "Incendiary device" means any firebomb, and any device	570
designed or specially adapted to cause physical harm to persons or	571
property by means of fire, and consisting of an incendiary	572
substance or agency and a means to ignite it.	573

(J) "Ballistic knife" means a knife with a detachable blade	574
that is propelled by a spring-operated mechanism.	575

(K) "Dangerous ordnance" means any of the following, except	576
as provided in division (L) of this section:	577

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	578
knife;	579

(2) Any explosive device or incendiary device;

580

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	581
cyclonite, TNT, picric acid, and other high explosives; amatol,	582
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	583
explosive compositions; plastic explosives; dynamite, blasting	584
gelatin, gelatin dynamite, sensitized ammonium nitrate,	585
liquid-oxygen blasting explosives, blasting powder, and other	586
blasting agents; and any other explosive substance having	587
sufficient brisance or power to be particularly suitable for use	588
as a military explosive, or for use in mining, quarrying,	589
excavating, or demolitions;	590

(4) Any firearm, rocket launcher, mortar, artillery piece,	591
grenade, mine, bomb, torpedo, or similar weapon, designed and	592
manufactured for military purposes, and the ammunition for that	593
weapon;	594

(5) Any firearm muffler or silencer;

595

(6) Any combination of parts that is intended by the owner	596
for use in converting any firearm or other device into a dangerous	597
ordnance.	598

(L) "Dangerous ordnance" does not include any of the	599
following:	600

(1) Any firearm, including a military weapon and the	601
ammunition for that weapon, and regardless of its actual age, that	602
employs a percussion cap or other obsolete ignition system, or	603
that is designed and safe for use only with black powder;	604

(2) Any pistol, rifle, or shotgun, designed or suitable for	605
sporting purposes, including a military weapon as issued or as	606
modified, and the ammunition for that weapon, unless the firearm	607
is an automatic or sawed-off firearm;	608

(3) Any cannon or other artillery piece that, regardless of	609
its actual age, is of a type in accepted use prior to 1887, has no	610
mechanical, hydraulic, pneumatic, or other system for absorbing	611
recoil and returning the tube into battery without displacing the	612
carriage, and is designed and safe for use only with black powder;	613

(4) Black powder, priming quills, and percussion caps	614
possessed and lawfully used to fire a cannon of a type defined in	615
division (L)(3) of this section during displays, celebrations,	616
organized matches or shoots, and target practice, and smokeless	617
and black powder, primers, and percussion caps possessed and	618
lawfully used as a propellant or ignition device in small-arms or	619
small-arms ammunition;	620

(5) Dangerous ordnance that is inoperable or inert and cannot	621
readily be rendered operable or activated, and that is kept as a	622
trophy, souvenir, curio, or museum piece.	623

(6) Any device that is expressly excepted from the definition	624
of a destructive device pursuant to the "Gun Control Act of 1968,"	625
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	626
issued under that act.	627

(M) "Explosive" means any chemical compound, mixture, or	628
device, the primary or common purpose of which is to function by	629
explosion. "Explosive" includes all materials that have been	630
classified as division 1.1, division 1.2, division 1.3, or	631
division 1.4 explosives by the United States department of	632
transportation in its regulations and includes, but is not limited	633
to, dynamite, black powder, pellet powders, initiating explosives,	634
blasting caps, electric blasting caps, safety fuses, fuse	635
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	636
igniter cords and igniters. "Explosive" does not include	637
"fireworks," as defined in section 3743.01 of the Revised Code, or	638
any substance or material otherwise meeting the definition of	639
explosive set forth in this section that is manufactured, sold,	640
possessed, transported, stored, or used in any activity described	641
in section 3743.80 of the Revised Code, provided the activity is	642
conducted in accordance with all applicable laws, rules, and	643
regulations, including, but not limited to, the provisions of	644
section 3743.80 of the Revised Code and the rules of the fire	645
marshal adopted pursuant to section 3737.82 of the Revised Code.	646

(N)(1) "Concealed handgun license" or "license to carry a	647
concealed handgun" means, subject to division (N)(2) of this	648
section, a license or temporary emergency license to carry a	649
concealed handgun issued under section 2923.125 or 2923.1213 of	650
the Revised Code or a license to carry a concealed handgun issued	651
by another state with which the attorney general has entered into	652
a reciprocity agreement or automatic recognition finding under	653
section 109.69 of the Revised Code.	654

(2) A reference in any provision of the Revised Code to a	655
"concealed handgun license issued under section 2923.125 of the	656
Revised Code" or a "license to carry a concealed handgun issued	657
under section 2923.125 of the Revised Code" means only a license	658
of the type that is specified in that section. A reference in any	659
provision of the Revised Code to a "concealed handgun license	660
issued under section 2923.1213 of the Revised Code," a "license to	661
carry a concealed handgun issued under section 2923.1213 of the	662
Revised Code," or a "license to carry a concealed handgun on a	663
temporary emergency basis" means only a license of the type that	664
is specified in section 2923.1213 of the Revised Code. A reference	665
in any provision of the Revised Code to a "concealed handgun	666
license issued by another state" or a "license to carry a	667
concealed handgun issued by another state" means only a license	668
issued by another state with which the attorney general has	669
entered into a reciprocity agreement or automatic recognition	670
finding under section 109.69 of the Revised Code.	671

(O) "Valid concealed handgun license" or "valid license to	672
carry a concealed handgun" means a concealed handgun license that	673
is currently valid, that is not under a suspension under division	674
(A)(1) of section 2923.128 of the Revised Code, under section	675
2923.123 of the Revised Code, or under a suspension provision of	676
the state other than this state in which the license was issued,	677
and that has not been revoked under division (B)(1) of section	678
2923.128 of the Revised Code, under section 2923.1213 of the	679
Revised Code, or under a revocation provision of the state other	680
than this state in which the license was issued.	681

Sec. 2923.12.  (A) No person shall knowingly carry or have,	682
concealed on the person's person or concealed ready at hand, any	683
of the following:	684

(1) A deadly weapon other than a handgun;

685

(2) A handgun other than a dangerous ordnance;

686

(3) A dangerous ordnance.

687

(B) No person who has been issued a license or temporary	688
emergency license to carry a concealed handgun under section	689
2923.125 or 2923.1213 of the Revised Code or a license to carry a	690
concealed handgun that was issued by another state with which the	691
attorney general has entered into a reciprocity agreement under	692
section 109.69 of the Revised Codelicense shall do any of the	693
following:	694

(1) If the person is stopped for a law enforcement purpose	695
and is carrying a concealed handgun, fail to promptly inform any	696
law enforcement officer who approaches the person after the person	697
has been stopped that the person has been issued a license or	698
temporary emergency license to carry a concealed handgun license	699
and that the person then is carrying a concealed handgun;	700

(2) If the person is stopped for a law enforcement purpose	701
and if the person is carrying a concealed handgun, knowingly fail	702
to keep the person's hands in plain sight at any time after any	703
law enforcement officer begins approaching the person while	704
stopped and before the law enforcement officer leaves, unless the	705
failure is pursuant to and in accordance with directions given by	706
a law enforcement officer;	707

(3) If the person is stopped for a law enforcement purpose,	708
if the person is carrying a concealed handgun, and if the person	709
is approached by any law enforcement officer while stopped,	710
knowingly remove or attempt to remove the loaded handgun from the	711
holster, pocket, or other place in which the person is carrying	712
it, knowingly grasp or hold the loaded handgun, or knowingly have	713
contact with the loaded handgun by touching it with the person's	714
hands or fingers at any time after the law enforcement officer	715
begins approaching and before the law enforcement officer leaves,	716
unless the person removes, attempts to remove, grasps, holds, or	717
has contact with the loaded handgun pursuant to and in accordance	718
with directions given by the law enforcement officer;	719

(4) If the person is stopped for a law enforcement purpose	720
and if the person is carrying a concealed handgun, knowingly	721
disregard or fail to comply with any lawful order of any law	722
enforcement officer given while the person is stopped, including,	723
but not limited to, a specific order to the person to keep the	724
person's hands in plain sight.	725

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

726

(a) An officer, agent, or employee of this or any other state	727
or the United States, or to a law enforcement officer, who is	728
authorized to carry concealed weapons or dangerous ordnance or is	729
authorized to carry handguns and is acting within the scope of the	730
officer's, agent's, or employee's duties;	731

(b) Any person who is employed in this state, who is	732
authorized to carry concealed weapons or dangerous ordnance or is	733
authorized to carry handguns, and who is subject to and in	734
compliance with the requirements of section 109.801 of the Revised	735
Code, unless the appointing authority of the person has expressly	736
specified that the exemption provided in division (C)(1)(b) of	737
this section does not apply to the person;	738

(c) A person's transportation or storage of a firearm, other	739
than a firearm described in divisions (G) to (M) of section	740
2923.11 of the Revised Code, in a motor vehicle for any lawful	741
purpose if the firearm is not on the actor's person;	742

(d) A person's storage or possession of a firearm, other than	743
a firearm described in divisions (G) to (M) of section 2923.11 of	744
the Revised Code, in the actor's own home for any lawful purpose.	745

(2) Division (A)(2) of this section does not apply to any	746
person who, at the time of the alleged carrying or possession of a	747
handgun, is carrying a valid license or temporary emergency	748
license to carry a concealed handgun issued to the person under	749
section 2923.125 or 2923.1213 of the Revised Code or a license to	750
carry a concealed handgun that was issued by another state with	751
which the attorney general has entered into a reciprocity	752
agreement under section 109.69 of the Revised Codelicense, unless	753
the person knowingly is in a place described in division (B) of	754
section 2923.126 of the Revised Code.	755

(D) It is an affirmative defense to a charge under division	756
(A)(1) of this section of carrying or having control of a weapon	757
other than a handgun and other than a dangerous ordnance that the	758
actor was not otherwise prohibited by law from having the weapon	759
and that any of the following applies:	760

(1) The weapon was carried or kept ready at hand by the actor	761
for defensive purposes while the actor was engaged in or was going	762
to or from the actor's lawful business or occupation, which	763
business or occupation was of a character or was necessarily	764
carried on in a manner or at a time or place as to render the	765
actor particularly susceptible to criminal attack, such as would	766
justify a prudent person in going armed.	767

(2) The weapon was carried or kept ready at hand by the actor	768
for defensive purposes while the actor was engaged in a lawful	769
activity and had reasonable cause to fear a criminal attack upon	770
the actor, a member of the actor's family, or the actor's home,	771
such as would justify a prudent person in going armed.	772

(3) The weapon was carried or kept ready at hand by the actor	773
for any lawful purpose and while in the actor's own home.	774

(E) No person who is charged with a violation of this section	775
shall be required to obtain a license or temporary emergency	776
license to carry a concealed handgun under section 2923.125 or	777
2923.1213 of the Revised Codelicense as a condition for the	778
dismissal of the charge.	779

(F)(1) Whoever violates this section is guilty of carrying	780
concealed weapons. Except as otherwise provided in this division	781
or division (F)(2) of this section, carrying concealed weapons in	782
violation of division (A) of this section is a misdemeanor of the	783
first degree. Except as otherwise provided in this division or	784
division (F)(2) of this section, if the offender previously has	785
been convicted of a violation of this section or of any offense of	786
violence, if the weapon involved is a firearm that is either	787
loaded or for which the offender has ammunition ready at hand, or	788
if the weapon involved is dangerous ordnance, carrying concealed	789
weapons in violation of division (A) of this section is a felony	790
of the fourth degree. Except as otherwise provided in division	791
(F)(2) of this section, if the offense is committed aboard an	792
aircraft, or with purpose to carry a concealed weapon aboard an	793
aircraft, regardless of the weapon involved, carrying concealed	794
weapons in violation of division (A) of this section is a felony	795
of the third degree.	796

(2) If a person being arrested for a violation of division	797
(A)(2) of this section promptly produces a valid license or	798
temporary emergency license to carry a concealed handgun issued	799
under section 2923.125 or 2923.1213 of the Revised Code or a	800
license to carry a concealed handgun that was issued by another	801
state with which the attorney general has entered into a	802
reciprocity agreement under section 109.69 of the Revised Code	803
license, and if at the time of the violation the person was not	804
knowingly in a place described in division (B) of section 2923.126	805
of the Revised Code, the officer shall not arrest the person for a	806
violation of that division. If the person is not able to promptly	807
produce any of those types ofconcealed handgun license and if the	808
person is not in a place described in that section, the officer	809
may arrest the person for a violation of that division, and the	810
offender shall be punished as follows:	811

(a) The offender shall be guilty of a minor misdemeanor if	812
both of the following apply:	813

(i) Within ten days after the arrest, the offender presents a	814
license or temporary emergency license to carry a concealed	815
handgun issued under section 2923.125 or 2923.1213 of the Revised	816
Code or a license to carry a concealed handgun that was issued by	817
another state with which the attorney general has entered into a	818
reciprocity agreement under section 109.69 of the Revised Code	819
license, which license was valid at the time of the arrest to the	820
law enforcement agency that employs the arresting officer.	821

(ii) At the time of the arrest, the offender was not	822
knowingly in a place described in division (B) of section 2923.126	823
of the Revised Code.	824

(b) The offender shall be guilty of a misdemeanor and shall	825
be fined five hundred dollars if all of the following apply:	826

(i) The offender previously had been issued a license to	827
carry a concealed handgun under section 2923.125 of the Revised	828
Code or a license to carry a concealed handgun that was issued by	829
another state with which the attorney general has entered into a	830
reciprocity agreement under section 109.69 of the Revised Code and	831
that was similar in nature to a license issued under section	832
2923.125 of the Revised Code, and that license expired within the	833
two years immediately preceding the arrest.	834

(ii) Within forty-five days after the arrest, the offender	835
presents any type ofa concealed handgun license identified in	836
division (F)(2)(a)(i) of this section to the law enforcement	837
agency that employed the arresting officer, and the offender	838
waives in writing the offender's right to a speedy trial on the	839
charge of the violation that is provided in section 2945.71 of the	840
Revised Code.	841

(iii) At the time of the commission of the offense, the	842
offender was not knowingly in a place described in division (B) of	843
section 2923.126 of the Revised Code.	844

(c) If neither division (F)(2)(a) nor (b) of this section	845
applies, the offender shall be punished under division (F)(1) of	846
this section.	847

(3) Except as otherwise provided in this division, carrying	848
concealed weapons in violation of division (B)(1) of this section	849
is a misdemeanor of the first degree, and, in addition to any	850
other penalty or sanction imposed for a violation of division	851
(B)(1) of this section, the offender's license or temporary	852
emergency license to carry a concealed handgun license shall be	853
suspended pursuant to division (A)(2) of section 2923.128 of the	854
Revised Code. If, at the time of the stop of the offender for a	855
law enforcement purpose that was the basis of the violation, any	856
law enforcement officer involved with the stop had actual	857
knowledge that the offender has been issued a license or temporary	858
emergency license to carry a concealed handgun license, carrying	859
concealed weapons in violation of division (B)(1) of this section	860
is a minor misdemeanor, and the offender's license or temporary	861
emergency license to carry a concealed handgun license shall not	862
be suspended pursuant to division (A)(2) of section 2923.128 of	863
the Revised Code.	864

(4) Carrying concealed weapons in violation of division	865
(B)(2) or (4) of this section is a misdemeanor of the first degree	866
or, if the offender previously has been convicted of or pleaded	867
guilty to a violation of division (B)(2) or (4) of this section, a	868
felony of the fifth degree. In addition to any other penalty or	869
sanction imposed for a misdemeanor violation of division (B)(2) or	870
(4) of this section, the offender's license or temporary emergency	871
license to carry a concealed handgun license shall be suspended	872
pursuant to division (A)(2) of section 2923.128 of the Revised	873
Code.	874

(5) Carrying concealed weapons in violation of division	875
(B)(3) of this section is a felony of the fifth degree.	876

(G) If a law enforcement officer stops a person to question	877
the person regarding a possible violation of this section, for a	878
traffic stop, or for any other law enforcement purpose, if the	879
person surrenders a firearm to the officer, either voluntarily or	880
pursuant to a request or demand of the officer, and if the officer	881
does not charge the person with a violation of this section or	882
arrest the person for any offense, the person is not otherwise	883
prohibited by law from possessing the firearm, and the firearm is	884
not contraband, the officer shall return the firearm to the person	885
at the termination of the stop. If a court orders a law	886
enforcement officer to return a firearm to a person pursuant to	887
the requirement set forth in this division, division (B) of	888
section 2923.163 of the Revised Code applies.	889

Sec. 2923.121.  (A) No person shall possess a firearm in any	890
room in which any person is consuming beer or intoxicating liquor	891
in a premises for which a D permit has been issued under Chapter	892
4303. of the Revised Code or in an open air arena for which a	893
permit of that nature has been issued.	894

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

895

(a) An officer, agent, or employee of this or any other state	896
or the United States, or to a law enforcement officer, who is	897
authorized to carry firearms and is acting within the scope of the	898
officer's, agent's, or employee's duties;	899

(b) Any person who is employed in this state, who is	900
authorized to carry firearms, and who is subject to and in	901
compliance with the requirements of section 109.801 of the Revised	902
Code, unless the appointing authority of the person has expressly	903
specified that the exemption provided in division (B)(1)(b) of	904
this section does not apply to the person;	905

(c) Any room used for the accommodation of guests of a hotel,	906
as defined in section 4301.01 of the Revised Code;	907

(d) The principal holder of a D permit issued for a premises	908
or an open air arena under Chapter 4303. of the Revised Code while	909
in the premises or open air arena for which the permit was issued	910
if the principal holder of the D permit also possesses a valid	911
license or temporary emergency license to carry a concealed	912
handgun issued to the principal holder under section 2923.125 or	913
2923.1213 of the Revised Code or a license to carry a concealed	914
handgun that was issued to the principal holder by another state	915
with which the attorney general has entered into a reciprocity	916
agreement under section 109.69 of the Revised Codelicense and as	917
long as the principal holder is not consuming beer or intoxicating	918
liquor or under the influence of alcohol or a drug of abuse, or	919
any agent or employee of that holder who also is a peace officer,	920
as defined in section 2151.3515 of the Revised Code, who is off	921
duty, and who otherwise is authorized to carry firearms while in	922
the course of the officer's official duties and while in the	923
premises or open air arena for which the permit was issued and as	924
long as the agent or employee of that holder is not consuming beer	925
or intoxicating liquor or under the influence of alcohol or a drug	926
of abuse.	927

(e) Any person who is carrying a valid license or temporary	928
emergency license to carry a concealed handgun issued to the	929
person under section 2923.125 or 2923.1213 of the Revised Code or	930
a license to carry a concealed handgun that was issued to the	931
person by another state with which the attorney general has	932
entered into a reciprocity agreement under section 109.69 of the	933
Revised Codelicense, as long as the person is not consuming beer	934
or intoxicating liquor or under the influence of alcohol or a drug	935
of abuse.	936

(2) This section does not prohibit any person who is a member	937
of a veteran's organization, as defined in section 2915.01 of the	938
Revised Code, from possessing a rifle in any room in any premises	939
owned, leased, or otherwise under the control of the veteran's	940
organization, if the rifle is not loaded with live ammunition and	941
if the person otherwise is not prohibited by law from having the	942
rifle.	943

(3) This section does not apply to any person possessing or	944
displaying firearms in any room used to exhibit unloaded firearms	945
for sale or trade in a soldiers' memorial established pursuant to	946
Chapter 345. of the Revised Code, in a convention center, or in	947
any other public meeting place, if the person is an exhibitor,	948
trader, purchaser, or seller of firearms and is not otherwise	949
prohibited by law from possessing, trading, purchasing, or selling	950
the firearms.	951

(C) It is an affirmative defense to a charge under this	952
section of illegal possession of a firearm in a liquor permit	953
premises that involves the possession of a firearm other than a	954
handgun, that the actor was not otherwise prohibited by law from	955
having the firearm, and that any of the following apply:	956

(1) The firearm was carried or kept ready at hand by the	957
actor for defensive purposes, while the actor was engaged in or	958
was going to or from the actor's lawful business or occupation,	959
which business or occupation was of such character or was	960
necessarily carried on in such manner or at such a time or place	961
as to render the actor particularly susceptible to criminal	962
attack, such as would justify a prudent person in going armed.	963

(2) The firearm was carried or kept ready at hand by the	964
actor for defensive purposes, while the actor was engaged in a	965
lawful activity, and had reasonable cause to fear a criminal	966
attack upon the actor or a member of the actor's family, or upon	967
the actor's home, such as would justify a prudent person in going	968
armed.	969

(D) No person who is charged with a violation of this section	970
shall be required to obtain a license or temporary emergency	971
license to carry a concealed handgun under section 2923.125 or	972
2923.1213 of the Revised Codelicense as a condition for the	973
dismissal of the charge.	974

(E) Whoever violates this section is guilty of illegal	975
possession of a firearm in a liquor permit premises. Except as	976
otherwise provided in this division, illegal possession of a	977
firearm in a liquor permit premises is a felony of the fifth	978
degree. If the offender commits the violation of this section by	979
knowingly carrying or having the firearm concealed on the	980
offender's person or concealed ready at hand, illegal possession	981
of a firearm in a liquor permit premises is a felony of the third	982
degree.	983

(F) As used in this section, "beer" and "intoxicating liquor"	984
have the same meanings as in section 4301.01 of the Revised Code.	985

Sec. 2923.122.  (A) No person shall knowingly convey, or	986
attempt to convey, a deadly weapon or dangerous ordnance into a	987
school safety zone.	988

(B) No person shall knowingly possess a deadly weapon or	989
dangerous ordnance in a school safety zone.	990

(C) No person shall knowingly possess an object in a school	991
safety zone if both of the following apply:	992

(1) The object is indistinguishable from a firearm, whether	993
or not the object is capable of being fired.	994

(2) The person indicates that the person possesses the object	995
and that it is a firearm, or the person knowingly displays or	996
brandishes the object and indicates that it is a firearm.	997

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

998

(a) An officer, agent, or employee of this or any other state	999
or the United States, or a law enforcement officer, who is	1000
authorized to carry deadly weapons or dangerous ordnance and is	1001
acting within the scope of the officer's, agent's, or employee's	1002
duties, a security officer employed by a board of education or	1003
governing body of a school during the time that the security	1004
officer is on duty pursuant to that contract of employment, or any	1005
other person who has written authorization from the board of	1006
education or governing body of a school to convey deadly weapons	1007
or dangerous ordnance into a school safety zone or to possess a	1008
deadly weapon or dangerous ordnance in a school safety zone and	1009
who conveys or possesses the deadly weapon or dangerous ordnance	1010
in accordance with that authorization;	1011

(b) Any person who is employed in this state, who is	1012
authorized to carry deadly weapons or dangerous ordnance, and who	1013
is subject to and in compliance with the requirements of section	1014
109.801 of the Revised Code, unless the appointing authority of	1015
the person has expressly specified that the exemption provided in	1016
division (D)(1)(b) of this section does not apply to the person.	1017

(2) Division (C) of this section does not apply to premises	1018
upon which home schooling is conducted. Division (C) of this	1019
section also does not apply to a school administrator, teacher, or	1020
employee who possesses an object that is indistinguishable from a	1021
firearm for legitimate school purposes during the course of	1022
employment, a student who uses an object that is indistinguishable	1023
from a firearm under the direction of a school administrator,	1024
teacher, or employee, or any other person who with the express	1025
prior approval of a school administrator possesses an object that	1026
is indistinguishable from a firearm for a legitimate purpose,	1027
including the use of the object in a ceremonial activity, a play,	1028
reenactment, or other dramatic presentation, or a ROTC activity or	1029
another similar use of the object.	1030

(3) This section does not apply to a person who conveys or	1031
attempts to convey a handgun into, or possesses a handgun in, a	1032
school safety zone if, at the time of that conveyance, attempted	1033
conveyance, or possession of the handgun, all of the following	1034
apply:	1035

(a) The person does not enter into a school building or onto	1036
school premises and is not at a school activity.	1037

(b) The person is carrying a valid license or temporary	1038
emergency license to carry a concealed handgun issued to the	1039
person under section 2923.125 or 2923.1213 of the Revised Code or	1040
a license to carry a concealed handgun that was issued by another	1041
state with which the attorney general has entered into a	1042
reciprocity agreement under section 109.69 of the Revised Code	1043
license.	1044

(c) The person is in the school safety zone in accordance	1045
with 18 U.S.C. 922(q)(2)(B).	1046

(d) The person is not knowingly in a place described in	1047
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	1048
Revised Code.	1049

(4) This section does not apply to a person who conveys or	1050
attempts to convey a handgun into, or possesses a handgun in, a	1051
school safety zone if at the time of that conveyance, attempted	1052
conveyance, or possession of the handgun all of the following	1053
apply:	1054

(a) The person is carrying a valid license or temporary	1055
emergency license to carry a concealed handgun issued to the	1056
person under section 2923.125 or 2923.1213 of the Revised Code or	1057
a license to carry a concealed handgun that was issued by another	1058
state with which the attorney general has entered into a	1059
reciprocity agreement under section 109.69 of the Revised Code	1060
license.	1061

(b) The person is the driver or passenger in a motor vehicle	1062
and is in the school safety zone while immediately in the process	1063
of picking up or dropping off a child.	1064

(c) The person is not in violation of section 2923.16 of the	1065
Revised Code.	1066

(E)(1) Whoever violates division (A) or (B) of this section	1067
is guilty of illegal conveyance or possession of a deadly weapon	1068
or dangerous ordnance in a school safety zone. Except as otherwise	1069
provided in this division, illegal conveyance or possession of a	1070
deadly weapon or dangerous ordnance in a school safety zone is a	1071
felony of the fifth degree. If the offender previously has been	1072
convicted of a violation of this section, illegal conveyance or	1073
possession of a deadly weapon or dangerous ordnance in a school	1074
safety zone is a felony of the fourth degree.	1075

(2) Whoever violates division (C) of this section is guilty	1076
of illegal possession of an object indistinguishable from a	1077
firearm in a school safety zone. Except as otherwise provided in	1078
this division, illegal possession of an object indistinguishable	1079
from a firearm in a school safety zone is a misdemeanor of the	1080
first degree. If the offender previously has been convicted of a	1081
violation of this section, illegal possession of an object	1082
indistinguishable from a firearm in a school safety zone is a	1083
felony of the fifth degree.	1084

(F)(1) In addition to any other penalty imposed upon a person	1085
who is convicted of or pleads guilty to a violation of this	1086
section and subject to division (F)(2) of this section, if the	1087
offender has not attained nineteen years of age, regardless of	1088
whether the offender is attending or is enrolled in a school	1089
operated by a board of education or for which the state board of	1090
education prescribes minimum standards under section 3301.07 of	1091
the Revised Code, the court shall impose upon the offender a class	1092
four suspension of the offender's probationary driver's license,	1093
restricted license, driver's license, commercial driver's license,	1094
temporary instruction permit, or probationary commercial driver's	1095
license that then is in effect from the range specified in	1096
division (A)(4) of section 4510.02 of the Revised Code and shall	1097
deny the offender the issuance of any permit or license of that	1098
type during the period of the suspension.	1099

If the offender is not a resident of this state, the court	1100
shall impose a class four suspension of the nonresident operating	1101
privilege of the offender from the range specified in division	1102
(A)(4) of section 4510.02 of the Revised Code.	1103

(2) If the offender shows good cause why the court should not	1104
suspend one of the types of licenses, permits, or privileges	1105
specified in division (F)(1) of this section or deny the issuance	1106
of one of the temporary instruction permits specified in that	1107
division, the court in its discretion may choose not to impose the	1108
suspension, revocation, or denial required in that division.	1109

(G) As used in this section, "object that is	1110
indistinguishable from a firearm" means an object made,	1111
constructed, or altered so that, to a reasonable person without	1112
specialized training in firearms, the object appears to be a	1113
firearm.	1114

Sec. 2923.123.  (A) No person shall knowingly convey or	1115
attempt to convey a deadly weapon or dangerous ordnance into a	1116
courthouse or into another building or structure in which a	1117
courtroom is located.	1118

(B) No person shall knowingly possess or have under the	1119
person's control a deadly weapon or dangerous ordnance in a	1120
courthouse or in another building or structure in which a	1121
courtroom is located.	1122

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

1123

(1) Except as provided in division (E) of this section, a	1124
judge of a court of record of this state or a magistrate;	1125

(2) A peace officer, officer of a law enforcement agency, or	1126
person who is in either of the following categories:	1127

(a) Except as provided in division (E) of this section, a	1128
peace officer, or an officer of a law enforcement agency of	1129
another state, a political subdivision of another state, or the	1130
United States, who is authorized to carry a deadly weapon or	1131
dangerous ordnance, who possesses or has under that individual's	1132
control a deadly weapon or dangerous ordnance as a requirement of	1133
that individual's duties, and who is acting within the scope of	1134
that individual's duties at the time of that possession or	1135
control;	1136

(b) Except as provided in division (E) of this section, a	1137
person who is employed in this state, who is authorized to carry a	1138
deadly weapon or dangerous ordnance, who possesses or has under	1139
that individual's control a deadly weapon or dangerous ordnance as	1140
a requirement of that person's duties, and who is subject to and	1141
in compliance with the requirements of section 109.801 of the	1142
Revised Code, unless the appointing authority of the person has	1143
expressly specified that the exemption provided in division	1144
(C)(2)(b) of this section does not apply to the person.	1145

(3) A person who conveys, attempts to convey, possesses, or	1146
has under the person's control a deadly weapon or dangerous	1147
ordnance that is to be used as evidence in a pending criminal or	1148
civil action or proceeding;	1149

(4) Except as provided in division (E) of this section, a	1150
bailiff or deputy bailiff of a court of record of this state who	1151
is authorized to carry a firearm pursuant to section 109.77 of the	1152
Revised Code, who possesses or has under that individual's control	1153
a firearm as a requirement of that individual's duties, and who is	1154
acting within the scope of that individual's duties at the time of	1155
that possession or control;	1156

(5) Except as provided in division (E) of this section, a	1157
prosecutor, or a secret service officer appointed by a county	1158
prosecuting attorney, who is authorized to carry a deadly weapon	1159
or dangerous ordnance in the performance of the individual's	1160
duties, who possesses or has under that individual's control a	1161
deadly weapon or dangerous ordnance as a requirement of that	1162
individual's duties, and who is acting within the scope of that	1163
individual's duties at the time of that possession or control;	1164

(6) Except as provided in division (E) of this section, a	1165
person who conveys or attempts to convey a handgun into a	1166
courthouse or into another building or structure in which a	1167
courtroom is located, who, at the time of the conveyance or	1168
attempt, is carrying a valid license or temporary emergency	1169
license to carry a concealed handgun issued to the person under	1170
section 2923.125 or 2923.1213 of the Revised Code or a license to	1171
carry a concealed handgun that was issued by another state with	1172
which the attorney general has entered into a reciprocity	1173
agreement under section 109.69 of the Revised Codelicense, and	1174
who transfers possession of the handgun to the officer or	1175
officer's designee who has charge of the courthouse or building.	1176
The officer shall secure the handgun until the licensee is	1177
prepared to leave the premises. The exemption described in this	1178
division applies only if the officer who has charge of the	1179
courthouse or building provides services of the nature described	1180
in this division. An officer who has charge of the courthouse or	1181
building is not required to offer services of the nature described	1182
in this division.	1183

(D)(1) Whoever violates division (A) of this section is	1184
guilty of illegal conveyance of a deadly weapon or dangerous	1185
ordnance into a courthouse. Except as otherwise provided in this	1186
division, illegal conveyance of a deadly weapon or dangerous	1187
ordnance into a courthouse is a felony of the fifth degree. If the	1188
offender previously has been convicted of a violation of division	1189
(A) or (B) of this section, illegal conveyance of a deadly weapon	1190
or dangerous ordnance into a courthouse is a felony of the fourth	1191
degree.	1192

(2) Whoever violates division (B) of this section is guilty	1193
of illegal possession or control of a deadly weapon or dangerous	1194
ordnance in a courthouse. Except as otherwise provided in this	1195
division, illegal possession or control of a deadly weapon or	1196
dangerous ordnance in a courthouse is a felony of the fifth	1197
degree. If the offender previously has been convicted of a	1198
violation of division (A) or (B) of this section, illegal	1199
possession or control of a deadly weapon or dangerous ordnance in	1200
a courthouse is a felony of the fourth degree.	1201

(E) The exemptions described in divisions (C)(1), (2)(a),	1202
(2)(b), (4), (5), and (6) of this section do not apply to any	1203
judge, magistrate, peace officer, officer of a law enforcement	1204
agency, bailiff, deputy bailiff, prosecutor, secret service	1205
officer, or other person described in any of those divisions if a	1206
rule of superintendence or another type of rule adopted by the	1207
supreme court pursuant to Article IV, Ohio Constitution, or an	1208
applicable local rule of court prohibits all persons from	1209
conveying or attempting to convey a deadly weapon or dangerous	1210
ordnance into a courthouse or into another building or structure	1211
in which a courtroom is located or from possessing or having under	1212
one's control a deadly weapon or dangerous ordnance in a	1213
courthouse or in another building or structure in which a	1214
courtroom is located.	1215

(F) As used in this section:

1216

(1) "Magistrate" means an individual who is appointed by a	1217
court of record of this state and who has the powers and may	1218
perform the functions specified in Civil Rule 53, Criminal Rule	1219
19, or Juvenile Rule 40.	1220

(2) "Peace officer" and "prosecutor" have the same meanings	1221
as in section 2935.01 of the Revised Code.	1222

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	1223
the Revised Code:	1224

(A) "Application form" means the application form prescribed	1225
pursuant to division (A)(1) of section 109.731 of the Revised Code	1226
and includes a copy of that form.	1227

(B) "Competency certification" and "competency certificate"	1228
mean a document of the type described in division (B)(3) of	1229
section 2923.125 of the Revised Code.	1230

(C) "Detention facility" has the same meaning as in section	1231
2921.01 of the Revised Code.	1232

(D) "Licensee" means a person to whom a license to carry a	1233
concealed handgun license has been issued under section 2923.125	1234
of the Revised Code and, except when the context clearly indicates	1235
otherwise, includes a person to whom a temporary emergency license	1236
to carry a concealed handgun license on a temporary emergency	1237
basis has been issued under section 2923.1213 of the Revised Code	1238
and a person to whom a concealed handgun license has been issued	1239
by another state.	1240

(E) "License fee" or "license renewal fee" means the fee for	1241
a license to carry a concealed handgun license or the fee to renew	1242
that license that is prescribed pursuant to division (C) of	1243
section 109.731 of the Revised Code and that is to be paid by an	1244
applicant for a license of that type.	1245

(F) "Peace officer" has the same meaning as in section	1246
2935.01 of the Revised Code.	1247

(G) "State correctional institution" has the same meaning as	1248
in section 2967.01 of the Revised Code.	1249

(H) "Valid license" means a license or temporary emergency	1250
license to carry a concealed handgun that has been issued under	1251
section 2923.125 or 2923.1213 of the Revised Code, that is	1252
currently valid, that is not under a suspension under division	1253
(A)(1) of section 2923.128 or under section 2923.1213 of the	1254
Revised Code, and that has not been revoked under division (B)(1)	1255
of section 2923.128 or under section 2923.1213 of the Revised	1256
Code.	1257

(I) "Civil protection order" means a protection order issued,	1258
or consent agreement approved, under section 2903.214 or 3113.31	1259
of the Revised Code.	1260

(J)(I) "Temporary protection order" means a protection order	1261
issued under section 2903.213 or 2919.26 of the Revised Code.	1262

(K)(J) "Protection order issued by a court of another state"	1263
has the same meaning as in section 2919.27 of the Revised Code.	1264

(L)(K) "Child day-care center," "type A family day-care home"	1265
and "type B family day-care home" have the same meanings as in	1266
section 5104.01 of the Revised Code.	1267

(M)(L) "Type C family day-care home" means a family day-care	1268
home authorized to provide child care by Sub. H.B. 62 of the 121st	1269
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	1270
general assembly and Sub. H.B. 407 of the 123rd general assembly.	1271

(N)(M) "Foreign air transportation," "interstate air	1272
transportation," and "intrastate air transportation" have the same	1273
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1274

(O)(N) "Commercial motor vehicle" has the same meaning as in	1275
division (A) of section 4506.25 of the Revised Code.	1276

(P)(O) "Motor carrier enforcement unit" has the same meaning	1277
as in section 2923.16 of the Revised Code.	1278

Sec. 2923.125.  (A) This section applies with respect to the	1279
application for and issuance by this state of concealed handgun	1280
licenses other than concealed handgun licenses on a temporary	1281
emergency basis that are issued under section 2923.1213 of the	1282
Revised Code. Upon the request of a person who wishes to obtain a	1283
license to carry a concealed handgun license with respect to which	1284
this section applies or to renew a license to carry a concealed	1285
handgun license with respect to which this section applies, a	1286
sheriff, as provided in division (I) of this section, shall	1287
provide to the person free of charge an application form and the	1288
web site address at which the pamphlet described in division (B)	1289
of section 109.731 of the Revised Code may be found. A sheriff	1290
shall accept a completed application form and the fee, items,	1291
materials, and information specified in divisions (B)(1) to (5) of	1292
this section at the times and in the manners described in division	1293
(I) of this section.	1294

(B) An applicant for a license to carry a concealed handgun	1295
license with respect to which this section applies shall submit a	1296
completed application form and all of the following to the sheriff	1297
of the county in which the applicant resides or to the sheriff of	1298
any county adjacent to the county in which the applicant resides:	1299

(1)(a) A nonrefundable license fee as described in either of	1300
the following:	1301

(i) For an applicant who has been a resident of this state	1302
for five or more years, a fee of sixty-seven dollars;	1303

(ii) For an applicant who has been a resident of this state	1304
for less than five years, a fee of sixty-seven dollars plus the	1305
actual cost of having a background check performed by the federal	1306
bureau of investigation.	1307

(b) No sheriff shall require an applicant to pay for the cost	1308
of a background check performed by the bureau of criminal	1309
identification and investigation.	1310

(c) A sheriff shall waive the payment of the license fee	1311
described in division (B)(1)(a) of this section in connection with	1312
an initial or renewal application for a license that is submitted	1313
by an applicant who is a retired peace officer, a retired person	1314
described in division (B)(1)(b) of section 109.77 of the Revised	1315
Code, or a retired federal law enforcement officer who, prior to	1316
retirement, was authorized under federal law to carry a firearm in	1317
the course of duty, unless the retired peace officer, person, or	1318
federal law enforcement officer retired as the result of a mental	1319
disability.	1320

(d) The sheriff shall deposit all fees paid by an applicant	1321
under division (B)(1)(a) of this section into the sheriff's	1322
concealed handgun license issuance fund established pursuant to	1323
section 311.42 of the Revised Code. The county shall distribute	1324
the fees in accordance with section 311.42 of the Revised Code.	1325

(2) A color photograph of the applicant that was taken within	1326
thirty days prior to the date of the application;	1327

(3) One or more of the following competency certifications,	1328
each of which shall reflect that, regarding a certification	1329
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1330
section, within the three years immediately preceding the	1331
application the applicant has performed that to which the	1332
competency certification relates and that, regarding a	1333
certification described in division (B)(3)(d) of this section, the	1334
applicant currently is an active or reserve member of the armed	1335
forces of the United States or within the six years immediately	1336
preceding the application the honorable discharge or retirement to	1337
which the competency certification relates occurred:	1338

(a) An original or photocopy of a certificate of completion	1339
of a firearms safety, training, or requalification or firearms	1340
safety instructor course, class, or program that was offered by or	1341
under the auspices of the national rifle association and that	1342
complies with the requirements set forth in division (G) of this	1343
section;	1344

(b) An original or photocopy of a certificate of completion	1345
of a firearms safety, training, or requalification or firearms	1346
safety instructor course, class, or program that satisfies all of	1347
the following criteria:	1348

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

1349

(ii) It utilized qualified instructors who were certified by	1350
the national rifle association, the executive director of the Ohio	1351
peace officer training commission pursuant to section 109.75 or	1352
109.78 of the Revised Code, or a governmental official or entity	1353
of another state.	1354

(iii) It was offered by or under the auspices of a law	1355
enforcement agency of this or another state or the United States,	1356
a public or private college, university, or other similar	1357
postsecondary educational institution located in this or another	1358
state, a firearms training school located in this or another	1359
state, or another type of public or private entity or organization	1360
located in this or another state.	1361

(iv) It complies with the requirements set forth in division	1362
(G) of this section.	1363

(c) An original or photocopy of a certificate of completion	1364
of a state, county, municipal, or department of natural resources	1365
peace officer training school that is approved by the executive	1366
director of the Ohio peace officer training commission pursuant to	1367
section 109.75 of the Revised Code and that complies with the	1368
requirements set forth in division (G) of this section, or the	1369
applicant has satisfactorily completed and been issued a	1370
certificate of completion of a basic firearms training program, a	1371
firearms requalification training program, or another basic	1372
training program described in section 109.78 or 109.801 of the	1373
Revised Code that complies with the requirements set forth in	1374
division (G) of this section;	1375

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

1376

(i) That the applicant is an active or reserve member of the	1377
armed forces of the United States, was honorably discharged from	1378
military service in the active or reserve armed forces of the	1379
United States, is a retired trooper of the state highway patrol,	1380
or is a retired peace officer or federal law enforcement officer	1381
described in division (B)(1) of this section or a retired person	1382
described in division (B)(1)(b) of section 109.77 of the Revised	1383
Code and division (B)(1) of this section;	1384

(ii) That, through participation in the military service or	1385
through the former employment described in division (B)(3)(d)(i)	1386
of this section, the applicant acquired experience with handling	1387
handguns or other firearms, and the experience so acquired was	1388
equivalent to training that the applicant could have acquired in a	1389
course, class, or program described in division (B)(3)(a), (b), or	1390
(c) of this section.	1391

(e) A certificate or another similar document that evidences	1392
satisfactory completion of a firearms training, safety, or	1393
requalification or firearms safety instructor course, class, or	1394
program that is not otherwise described in division (B)(3)(a),	1395
(b), (c), or (d) of this section, that was conducted by an	1396
instructor who was certified by an official or entity of the	1397
government of this or another state or the United States or by the	1398
national rifle association, and that complies with the	1399
requirements set forth in division (G) of this section;	1400

(f) An affidavit that attests to the applicant's satisfactory	1401
completion of a course, class, or program described in division	1402
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1403
by the applicant's instructor or an authorized representative of	1404
the entity that offered the course, class, or program or under	1405
whose auspices the course, class, or program was offered.	1406

(4) A certification by the applicant that the applicant has	1407
read the pamphlet prepared by the Ohio peace officer training	1408
commission pursuant to section 109.731 of the Revised Code that	1409
reviews firearms, dispute resolution, and use of deadly force	1410
matters.	1411

(5) A set of fingerprints of the applicant provided as	1412
described in section 311.41 of the Revised Code through use of an	1413
electronic fingerprint reading device or, if the sheriff to whom	1414
the application is submitted does not possess and does not have	1415
ready access to the use of such a reading device, on a standard	1416
impression sheet prescribed pursuant to division (C)(2) of section	1417
109.572 of the Revised Code.	1418

(C) Upon receipt of an applicant'sthe completed application	1419
form, supporting documentation, and, if not waived, license fee of	1420
an applicant under this section, a sheriff, in the manner	1421
specified in section 311.41 of the Revised Code, shall conduct or	1422
cause to be conducted the criminal records check and the	1423
incompetency records check described in section 311.41 of the	1424
Revised Code.	1425

(D)(1) Except as provided in division (D)(3) or (4) of this	1426
section, within forty-five days after a sheriff's receipt of an	1427
applicant's completed application form for a license to carry a	1428
concealed handgun license under this section, the supporting	1429
documentation, and, if not waived, the license fee, the sheriff	1430
shall make available through the law enforcement automated data	1431
system in accordance with division (H) of this section the	1432
information described in that division and, upon making the	1433
information available through the system, shall issue to the	1434
applicant a license to carry a concealed handgun license that	1435
shall expire as described in division (D)(2)(a) of this section if	1436
all of the following apply:	1437

(a) The applicant is legally living in the United States, has	1438
been a resident of this state for at least forty-five days, and	1439
has been a resident of the county in which the person seeks the	1440
license or a county adjacent to the county in which the person	1441
seeks the license for at least thirty days. For purposes of	1442
division (D)(1)(a) of this section:	1443

(i) If a person is absent from the United States, from this	1444
state, or from a particular county in this state in compliance	1445
with military or naval orders as an active or reserve member of	1446
the armed forces of the United States and if prior to leaving this	1447
state in compliance with those orders the person was legally	1448
living in the United States and was a resident of this state, the	1449
person, solely by reason of that absence, shall not be considered	1450
to have lost the person's status as living in the United States or	1451
the person's residence in this state or in the county in which the	1452
person was a resident prior to leaving this state in compliance	1453
with those orders, without regard to whether or not the person	1454
intends to return to this state or to that county, shall not be	1455
considered to have acquired a residence in any other state, and	1456
shall not be considered to have become a resident of any other	1457
state.	1458

(ii) If a person is present in this state in compliance with	1459
military or naval orders as an active or reserve member of the	1460
armed forces of the United States for at least forty-five days,	1461
the person shall be considered to have been a resident of this	1462
state for that period of at least forty-five days, and, if a	1463
person is present in a county of this state in compliance with	1464
military or naval orders as an active or reserve member of the	1465
armed forces of the United States for at least thirty days, the	1466
person shall be considered to have been a resident of that county	1467
for that period of at least thirty days.	1468

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

1469

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

1470

(d) The applicant is not under indictment for or otherwise	1471
charged with a felony; an offense under Chapter 2925., 3719., or	1472
4729. of the Revised Code that involves the illegal possession,	1473
use, sale, administration, or distribution of or trafficking in a	1474
drug of abuse; a misdemeanor offense of violence; or a violation	1475
of section 2903.14 or 2923.1211 of the Revised Code.	1476

(e) Except as otherwise provided in division (D)(5) of this	1477
section, the applicant has not been convicted of or pleaded guilty	1478
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1479
the Revised Code that involves the illegal possession, use, sale,	1480
administration, or distribution of or trafficking in a drug of	1481
abuse; has not been adjudicated a delinquent child for committing	1482
an act that if committed by an adult would be a felony or would be	1483
an offense under Chapter 2925., 3719., or 4729. of the Revised	1484
Code that involves the illegal possession, use, sale,	1485
administration, or distribution of or trafficking in a drug of	1486
abuse; and has not been convicted of, pleaded guilty to, or	1487
adjudicated a delinquent child for committing a violation of	1488
section 2903.13 of the Revised Code when the victim of the	1489
violation is a peace officer, regardless of whether the applicant	1490
was sentenced under division (C)(3) of that section.	1491

(f) Except as otherwise provided in division (D)(5) of this	1492
section, the applicant, within three years of the date of the	1493
application, has not been convicted of or pleaded guilty to a	1494
misdemeanor offense of violence other than a misdemeanor violation	1495
of section 2921.33 of the Revised Code or a violation of section	1496
2903.13 of the Revised Code when the victim of the violation is a	1497
peace officer, or a misdemeanor violation of section 2923.1211 of	1498
the Revised Code; and has not been adjudicated a delinquent child	1499
for committing an act that if committed by an adult would be a	1500
misdemeanor offense of violence other than a misdemeanor violation	1501
of section 2921.33 of the Revised Code or a violation of section	1502
2903.13 of the Revised Code when the victim of the violation is a	1503
peace officer or for committing an act that if committed by an	1504
adult would be a misdemeanor violation of section 2923.1211 of the	1505
Revised Code.	1506

(g) Except as otherwise provided in division (D)(1)(e) of	1507
this section, the applicant, within five years of the date of the	1508
application, has not been convicted of, pleaded guilty to, or	1509
adjudicated a delinquent child for committing two or more	1510
violations of section 2903.13 or 2903.14 of the Revised Code.	1511

(h) Except as otherwise provided in division (D)(5) of this	1512
section, the applicant, within ten years of the date of the	1513
application, has not been convicted of, pleaded guilty to, or	1514
adjudicated a delinquent child for committing a violation of	1515
section 2921.33 of the Revised Code.	1516

(i) The applicant has not been adjudicated as a mental	1517
defective, has not been committed to any mental institution, is	1518
not under adjudication of mental incompetence, has not been found	1519
by a court to be a mentally ill person subject to hospitalization	1520
by court order, and is not an involuntary patient other than one	1521
who is a patient only for purposes of observation. As used in this	1522
division, "mentally ill person subject to hospitalization by court	1523
order" and "patient" have the same meanings as in section 5122.01	1524
of the Revised Code.	1525

(j) The applicant is not currently subject to a civil	1526
protection order, a temporary protection order, or a protection	1527
order issued by a court of another state.	1528

(k) The applicant certifies that the applicant desires a	1529
legal means to carry a concealed handgun for defense of the	1530
applicant or a member of the applicant's family while engaged in	1531
lawful activity.	1532

(l) The applicant submits a competency certification of the	1533
type described in division (B)(3) of this section and submits a	1534
certification of the type described in division (B)(4) of this	1535
section regarding the applicant's reading of the pamphlet prepared	1536
by the Ohio peace officer training commission pursuant to section	1537
109.731 of the Revised Code.	1538

(m) The applicant currently is not subject to a suspension	1539
imposed under division (A)(2) of section 2923.128 of the Revised	1540
Code of a license to carry a concealed handgun, or a temporary	1541
emergency license to carry a concealed handgun,license that	1542
previously was issued to the applicant under this section or	1543
section 2923.1213 of the Revised Code.	1544

(2)(a) A license to carry a concealed handgun license that a	1545
sheriff issues under division (D)(1) of this section on or after	1546
March 14, 2007, shall expire five years after the date of	1547
issuance. A license to carry a concealed handgun that a sheriff	1548
issued under division (D)(1) of this section prior to March 14,	1549
2007, shall expire four years after the date of issuance.	1550

If a sheriff issues a license under this section, the sheriff	1551
shall place on the license a unique combination of letters and	1552
numbers identifying the license in accordance with the procedure	1553
prescribed by the Ohio peace officer training commission pursuant	1554
to section 109.731 of the Revised Code.	1555

(b) If a sheriff denies an application under this section	1556
because the applicant does not satisfy the criteria described in	1557
division (D)(1) of this section, the sheriff shall specify the	1558
grounds for the denial in a written notice to the applicant. The	1559
applicant may appeal the denial pursuant to section 119.12 of the	1560
Revised Code in the county served by the sheriff who denied the	1561
application. If the denial was as a result of the criminal records	1562
check conducted pursuant to section 311.41 of the Revised Code and	1563
if, pursuant to section 2923.127 of the Revised Code, the	1564
applicant challenges the criminal records check results using the	1565
appropriate challenge and review procedure specified in that	1566
section, the time for filing the appeal pursuant to section 119.12	1567
of the Revised Code and this division is tolled during the	1568
pendency of the request or the challenge and review. If the court	1569
in an appeal under section 119.12 of the Revised Code and this	1570
division enters a judgment sustaining the sheriff's refusal to	1571
grant to the applicant a license to carry a concealed handgun	1572
license, the applicant may file a new application beginning one	1573
year after the judgment is entered. If the court enters a judgment	1574
in favor of the applicant, that judgment shall not restrict the	1575
authority of a sheriff to suspend or revoke the license pursuant	1576
to section 2923.128 or 2923.1213 of the Revised Code or to refuse	1577
to renew the license for any proper cause that may occur after the	1578
date the judgment is entered. In the appeal, the court shall have	1579
full power to dispose of all costs.	1580

(3) If the sheriff with whom an application for a license to	1581
carry a concealed handgun license was filed under this section	1582
becomes aware that the applicant has been arrested for or	1583
otherwise charged with an offense that would disqualify the	1584
applicant from holding the license, the sheriff shall suspend the	1585
processing of the application until the disposition of the case	1586
arising from the arrest or charge.	1587

(4) If the sheriff determines that the applicant is legally	1588
living in the United States and is a resident of the county in	1589
which the applicant seeks the license or of an adjacent county but	1590
does not yet meet the residency requirements described in division	1591
(D)(1)(a) of this section, the sheriff shall not deny the license	1592
because of the residency requirements but shall not issue the	1593
license until the applicant meets those residency requirements.	1594

(5) If an applicant has been convicted of or pleaded guilty	1595
to an offense identified in division (D)(1)(e), (f), or (h) of	1596
this section or has been adjudicated a delinquent child for	1597
committing an act or violation identified in any of those	1598
divisions, and if a court has ordered the sealing or expungement	1599
of the records of that conviction, guilty plea, or adjudication	1600
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1601
2953.36, or section 2953.37 of the Revised Code or a court has	1602
granted the applicant relief pursuant to section 2923.14 of the	1603
Revised Code from the disability imposed pursuant to section	1604
2923.13 of the Revised Code relative to that conviction, guilty	1605
plea, or adjudication, the sheriff with whom the application was	1606
submitted shall not consider the conviction, guilty plea, or	1607
adjudication in making a determination under division (D)(1) or	1608
(F) of this section or, in relation to an application for a	1609
temporary emergency license to carry a concealed handgun license	1610
on a temporary emergency basis submitted under section 2923.1213	1611
of the Revised Code, in making a determination under division	1612
(B)(2) of that section.	1613

(E) If a license to carry a concealed handgun license issued	1614
under this section is lost or is destroyed, the licensee may	1615
obtain from the sheriff who issued that license a duplicate	1616
license upon the payment of a fee of fifteen dollars and the	1617
submission of an affidavit attesting to the loss or destruction of	1618
the license. The sheriff, in accordance with the procedures	1619
prescribed in section 109.731 of the Revised Code, shall place on	1620
the replacement license a combination of identifying numbers	1621
different from the combination on the license that is being	1622
replaced.	1623

(F)(1) A licensee who wishes to renew a license to carry a	1624
concealed handgun license issued under this section shall do so	1625
not earlier than ninety days before the expiration date of the	1626
license or at any time after the expiration date of the license by	1627
filing with the sheriff of the county in which the applicant	1628
resides or with the sheriff of an adjacent county an application	1629
for renewal of the license obtained pursuant to division (D) of	1630
this section, a certification by the applicant that, subsequent to	1631
the issuance of the license, the applicant has reread the pamphlet	1632
prepared by the Ohio peace officer training commission pursuant to	1633
section 109.731 of the Revised Code that reviews firearms, dispute	1634
resolution, and use of deadly force matters, and a nonrefundable	1635
license renewal fee in an amount determined pursuant to division	1636
(F)(4) of this section unless the fee is waived, and one of the	1637
following:	1638

(a) If the licensee previously has not renewed a license to	1639
carry a concealed handgun issued under this section, proof that	1640
the licensee at one time had a competency certification of the	1641
type described in division (B)(3) of this section. A valid	1642
license, expired license, or any other previously issued license	1643
that has not been revoked is prima-facie evidence that the	1644
licensee at one time had a competency certification of the type	1645
described in division (B)(3) of this section.	1646

(b) If the licensee previously has renewed a license to carry	1647
a concealed handgun issued under this section, a renewed	1648
competency certification of the type described in division (G)(4)	1649
of this section.	1650

(2) A sheriff shall accept a completed renewal application,	1651
the license renewal fee, and the information specified in division	1652
(F)(1) of this section at the times and in the manners described	1653
in division (I) of this section. Upon receipt of a completed	1654
renewal application, of certification that the applicant has	1655
reread the specified pamphlet prepared by the Ohio peace officer	1656
training commission, of proof of a prior competency certification	1657
for an initial renewal or of a renewed competency certification	1658
for a second or subsequent renewal, and of a license renewal fee	1659
unless the fee is waived, a sheriff, in the manner specified in	1660
section 311.41 of the Revised Code shall conduct or cause to be	1661
conducted the criminal records check and the incompetency records	1662
check described in section 311.41 of the Revised Code. The sheriff	1663
shall renew the license if the sheriff determines that the	1664
applicant continues to satisfy the requirements described in	1665
division (D)(1) of this section, except that the applicant is not	1666
required to meet the requirements of division (D)(1)(l) of this	1667
section. A renewed license that is renewed on or after March 14,	1668
2007, shall expire five years after the date of issuance, and a	1669
renewed license that is renewed prior to March 14, 2007, shall	1670
expire four years after the date of issuance. A renewed license is	1671
subject to division (E) of this section and sections 2923.126 and	1672
2923.128 of the Revised Code. A sheriff shall comply with	1673
divisions (D)(2) to (4) of this section when the circumstances	1674
described in those divisions apply to a requested license renewal.	1675
If a sheriff denies the renewal of a license to carry a concealed	1676
handgun license, the applicant may appeal the denial, or challenge	1677
the criminal record check results that were the basis of the	1678
denial if applicable, in the same manner as specified in division	1679
(D)(2)(b) of this section and in section 2923.127 of the Revised	1680
Code, regarding the denial of a license under this section.	1681

(3) A renewal application submitted pursuant to division (F)	1682
of this section shall only require the licensee to list on the	1683
application form information and matters occurring since the date	1684
of the licensee's last application for a license pursuant to	1685
division (B) or (F) of this section. A sheriff conducting the	1686
criminal records check and the incompetency records check	1687
described in section 311.41 of the Revised Code shall conduct the	1688
check only from the date of the licensee's last application for a	1689
license pursuant to division (B) or (F) of this section through	1690
the date of the renewal application submitted pursuant to division	1691
(F) of this section.	1692

(4) An applicant for a renewal license to carry a concealed	1693
handgun license under this section shall submit to the sheriff of	1694
the county in which the applicant resides or to the sheriff of any	1695
county adjacent to the county in which the applicant resides a	1696
nonrefundable license fee as described in either of the following:	1697

(a) For an applicant who has been a resident of this state	1698
for five or more years, a fee of fifty dollars;	1699

(b) For an applicant who has been a resident of this state	1700
for less than five years, a fee of fifty dollars plus the actual	1701
cost of having a background check performed by the federal bureau	1702
of investigation.	1703

(G)(1) Each course, class, or program described in division	1704
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1705
person who takes the course, class, or program the web site	1706
address at which the pamphlet prepared by the Ohio peace officer	1707
training commission pursuant to section 109.731 of the Revised	1708
Code that reviews firearms, dispute resolution, and use of deadly	1709
force matters may be found. Each such course, class, or program	1710
described in one of those divisions shall include at least twelve	1711
hours of training in the safe handling and use of a firearm that	1712
shall include all of the following:	1713

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

1714

(i) The ability to name, explain, and demonstrate the rules	1715
for safe handling of a handgun and proper storage practices for	1716
handguns and ammunition;	1717

(ii) The ability to demonstrate and explain how to handle	1718
ammunition in a safe manner;	1719

(iii) The ability to demonstrate the knowledge, skills, and	1720
attitude necessary to shoot a handgun in a safe manner;	1721

(iv) Gun handling training.

1722

(b) At least two hours of training that consists of range	1723
time and live-fire training.	1724

(2) To satisfactorily complete the course, class, or program	1725
described in division (B)(3)(a), (b), (c), or (e) of this section,	1726
the applicant shall pass a competency examination that shall	1727
include both of the following:	1728

(a) A written section on the ability to name and explain the	1729
rules for the safe handling of a handgun and proper storage	1730
practices for handguns and ammunition;	1731

(b) A physical demonstration of competence in the use of a	1732
handgun and in the rules for safe handling and storage of a	1733
handgun and a physical demonstration of the attitude necessary to	1734
shoot a handgun in a safe manner.	1735

(3) The competency certification described in division	1736
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1737
shall attest that the course, class, or program the applicant	1738
successfully completed met the requirements described in division	1739
(G)(1) of this section and that the applicant passed the	1740
competency examination described in division (G)(2) of this	1741
section.	1742

(4) A person who previously has received a competency	1743
certification as described in division (B)(3) of this section, or	1744
who previously has received a renewed competency certification as	1745
described in this division, may obtain a renewed competency	1746
certification pursuant to this division. If the person previously	1747
has received a competency certification or previously has received	1748
a renewed competency certification, the person may obtain a	1749
renewed competency certification from an entity that offers a	1750
course, class, or program described in division (B)(3)(a), (b),	1751
(c), or (e) of this section by passing a test that demonstrates	1752
that the person is range competent. In these circumstances, the	1753
person is not required to attend the course, class, or program or	1754
to take the competency examination described in division (G)(2) of	1755
this section for the renewed competency certification in order to	1756
be eligible to receive a renewed competency certification. A	1757
renewed competency certification issued under this division shall	1758
be dated and shall attest that the person has demonstrated range	1759
competency.	1760

(H) Upon deciding to issue a concealed handgun license,	1761
deciding to issue a replacement concealed handgun license, or	1762
deciding to renew a license to carry a concealed handgun license	1763
pursuant to this section, and before actually issuing or renewing	1764
the license, the sheriff shall make available through the law	1765
enforcement automated data system all information contained on the	1766
license. If the license subsequently is suspended under division	1767
(A)(1) or (2) of section 2923.128 of the Revised Code, revoked	1768
pursuant to division (B)(1) of section 2923.128 of the Revised	1769
Code, or lost or destroyed, the sheriff also shall make available	1770
through the law enforcement automated data system a notation of	1771
that fact. The superintendent of the state highway patrol shall	1772
ensure that the law enforcement automated data system is so	1773
configured as to permit the transmission through the system of the	1774
information specified in this division.	1775

(I) A sheriff shall accept a completed application form or	1776
renewal application, and the fee, items, materials, and	1777
information specified in divisions (B)(1) to (5) or division (F)	1778
of this section, whichever is applicable, and shall provide an	1779
application form or renewal application to any person during at	1780
least fifteen hours a week and shall provide the web site address	1781
at which the pamphlet described in division (B) of section 109.731	1782
of the Revised Code may be found at any time, upon request. The	1783
sheriff shall post notice of the hours during which the sheriff is	1784
available to accept or provide the information described in this	1785
division.	1786

Sec. 2923.126.  (A) A license to carry a concealed handgun	1787
license that is issued under section 2923.125 of the Revised Code	1788
on or after March 14, 2007, shall expire five years after the date	1789
of issuance, and a license that is so issued prior to March 14,	1790
2007, shall expire four years after the date of issuance. A	1791
licensee who has been issued a license under that section shall be	1792
granted a grace period of thirty days after the licensee's license	1793
expires during which the licensee's license remains valid. Except	1794
as provided in divisions (B) and (C) of this section, a licensee	1795
who has been issued a concealed handgun license under section	1796
2923.125 or 2923.1213 of the Revised Code may carry a concealed	1797
handgun anywhere in this state if the licensee also carries a	1798
valid license and valid identification when the licensee is in	1799
actual possession of a concealed handgun. The licensee shall give	1800
notice of any change in the licensee's residence address to the	1801
sheriff who issued the license within forty-five days after that	1802
change.	1803

If a licensee is the driver or an occupant of a motor vehicle	1804
that is stopped as the result of a traffic stop or a stop for	1805
another law enforcement purpose and if the licensee is	1806
transporting or has a loaded handgun in the motor vehicle at that	1807
time, the licensee shall promptly inform any law enforcement	1808
officer who approaches the vehicle while stopped that the licensee	1809
has been issued a license or temporary emergency license to carry	1810
a concealed handgun license and that the licensee currently	1811
possesses or has a loaded handgun; the licensee shall not	1812
knowingly disregard or fail to comply with lawful orders of a law	1813
enforcement officer given while the motor vehicle is stopped,	1814
knowingly fail to remain in the motor vehicle while stopped, or	1815
knowingly fail to keep the licensee's hands in plain sight after	1816
any law enforcement officer begins approaching the licensee while	1817
stopped and before the officer leaves, unless directed otherwise	1818
by a law enforcement officer; and the licensee shall not knowingly	1819
remove, attempt to remove, grasp, or hold the loaded handgun or	1820
knowingly have contact with the loaded handgun by touching it with	1821
the licensee's hands or fingers, in any manner in violation of	1822
division (E) of section 2923.16 of the Revised Code, after any law	1823
enforcement officer begins approaching the licensee while stopped	1824
and before the officer leaves. Additionally, if a licensee is the	1825
driver or an occupant of a commercial motor vehicle that is	1826
stopped by an employee of the motor carrier enforcement unit for	1827
the purposes defined in section 5503.04 of the Revised Code and if	1828
the licensee is transporting or has a loaded handgun in the	1829
commercial motor vehicle at that time, the licensee shall promptly	1830
inform the employee of the unit who approaches the vehicle while	1831
stopped that the licensee has been issued a license or temporary	1832
emergency license to carry a concealed handgun license and that	1833
the licensee currently possesses or has a loaded handgun.	1834

If a licensee is stopped for a law enforcement purpose and if	1835
the licensee is carrying a concealed handgun at the time the	1836
officer approaches, the licensee shall promptly inform any law	1837
enforcement officer who approaches the licensee while stopped that	1838
the licensee has been issued a license or temporary emergency	1839
license to carry a concealed handgun license and that the licensee	1840
currently is carrying a concealed handgun; the licensee shall not	1841
knowingly disregard or fail to comply with lawful orders of a law	1842
enforcement officer given while the licensee is stopped or	1843
knowingly fail to keep the licensee's hands in plain sight after	1844
any law enforcement officer begins approaching the licensee while	1845
stopped and before the officer leaves, unless directed otherwise	1846
by a law enforcement officer; and the licensee shall not knowingly	1847
remove, attempt to remove, grasp, or hold the loaded handgun or	1848
knowingly have contact with the loaded handgun by touching it with	1849
the licensee's hands or fingers, in any manner in violation of	1850
division (B) of section 2923.12 of the Revised Code, after any law	1851
enforcement officer begins approaching the licensee while stopped	1852
and before the officer leaves.	1853

(B) A valid concealed handgun license issued under section	1854
2923.125 or 2923.1213 of the Revised Code does not authorize the	1855
licensee to carry a concealed handgun in any manner prohibited	1856
under division (B) of section 2923.12 of the Revised Code or in	1857
any manner prohibited under section 2923.16 of the Revised Code. A	1858
valid license does not authorize the licensee to carry a concealed	1859
handgun into any of the following places:	1860

(1) A police station, sheriff's office, or state highway	1861
patrol station, premises controlled by the bureau of criminal	1862
identification and investigation, a state correctional	1863
institution, jail, workhouse, or other detention facility, an	1864
airport passenger terminal, or an institution that is maintained,	1865
operated, managed, and governed pursuant to division (A) of	1866
section 5119.02 of the Revised Code or division (A)(1) of section	1867
5123.03 of the Revised Code;	1868

(2) A school safety zone if the licensee's carrying the	1869
concealed handgun is in violation of section 2923.122 of the	1870
Revised Code;	1871

(3) A courthouse or another building or structure in which a	1872
courtroom is located, in violation of section 2923.123 of the	1873
Revised Code;	1874

(4) Any premises or open air arena for which a D permit has	1875
been issued under Chapter 4303. of the Revised Code if the	1876
licensee's carrying the concealed handgun is in violation of	1877
section 2923.121 of the Revised Code;	1878

(5) Any premises owned or leased by any public or private	1879
college, university, or other institution of higher education,	1880
unless the handgun is in a locked motor vehicle or the licensee is	1881
in the immediate process of placing the handgun in a locked motor	1882
vehicle;	1883

(6) Any church, synagogue, mosque, or other place of worship,	1884
unless the church, synagogue, mosque, or other place of worship	1885
posts or permits otherwise;	1886

(7) A child day-care center, a type A family day-care home, a	1887
type B family day-care home, or a type C family day-care home,	1888
except that this division does not prohibit a licensee who resides	1889
in a type A family day-care home, a type B family day-care home,	1890
or a type C family day-care home from carrying a concealed handgun	1891
at any time in any part of the home that is not dedicated or used	1892
for day-care purposes, or from carrying a concealed handgun in a	1893
part of the home that is dedicated or used for day-care purposes	1894
at any time during which no children, other than children of that	1895
licensee, are in the home;	1896

(8) An aircraft that is in, or intended for operation in,	1897
foreign air transportation, interstate air transportation,	1898
intrastate air transportation, or the transportation of mail by	1899
aircraft;	1900

(9) Any building that is a government facility of this state	1901
or a political subdivision of this state and that is not a	1902
building that is used primarily as a shelter, restroom, parking	1903
facility for motor vehicles, or rest facility and is not a	1904
courthouse or other building or structure in which a courtroom is	1905
located that is subject to division (B)(3) of this section;	1906

(10) A place in which federal law prohibits the carrying of	1907
handguns.	1908

(C)(1) Nothing in this section shall negate or restrict a	1909
rule, policy, or practice of a private employer that is not a	1910
private college, university, or other institution of higher	1911
education concerning or prohibiting the presence of firearms on	1912
the private employer's premises or property, including motor	1913
vehicles owned by the private employer. Nothing in this section	1914
shall require a private employer of that nature to adopt a rule,	1915
policy, or practice concerning or prohibiting the presence of	1916
firearms on the private employer's premises or property, including	1917
motor vehicles owned by the private employer.	1918

(2)(a) A private employer shall be immune from liability in a	1919
civil action for any injury, death, or loss to person or property	1920
that allegedly was caused by or related to a licensee bringing a	1921
handgun onto the premises or property of the private employer,	1922
including motor vehicles owned by the private employer, unless the	1923
private employer acted with malicious purpose. A private employer	1924
is immune from liability in a civil action for any injury, death,	1925
or loss to person or property that allegedly was caused by or	1926
related to the private employer's decision to permit a licensee to	1927
bring, or prohibit a licensee from bringing, a handgun onto the	1928
premises or property of the private employer. As used in this	1929
division, "private employer" includes a private college,	1930
university, or other institution of higher education.	1931

(b) A political subdivision shall be immune from liability in	1932
a civil action, to the extent and in the manner provided in	1933
Chapter 2744. of the Revised Code, for any injury, death, or loss	1934
to person or property that allegedly was caused by or related to a	1935
licensee bringing a handgun onto any premises or property owned,	1936
leased, or otherwise under the control of the political	1937
subdivision. As used in this division, "political subdivision" has	1938
the same meaning as in section 2744.01 of the Revised Code.	1939

(3)(a) Except as provided in division (C)(3)(b) of this	1940
section, the owner or person in control of private land or	1941
premises, and a private person or entity leasing land or premises	1942
owned by the state, the United States, or a political subdivision	1943
of the state or the United States, may post a sign in a	1944
conspicuous location on that land or on those premises prohibiting	1945
persons from carrying firearms or concealed firearms on or onto	1946
that land or those premises. Except as otherwise provided in this	1947
division, a person who knowingly violates a posted prohibition of	1948
that nature is guilty of criminal trespass in violation of	1949
division (A)(4) of section 2911.21 of the Revised Code and is	1950
guilty of a misdemeanor of the fourth degree. If a person	1951
knowingly violates a posted prohibition of that nature and the	1952
posted land or premises primarily was a parking lot or other	1953
parking facility, the person is not guilty of criminal trespass in	1954
violation of division (A)(4) of section 2911.21 of the Revised	1955
Code and instead is subject only to a civil cause of action for	1956
trespass based on the violation.	1957

(b) A landlord may not prohibit or restrict a tenant who is a	1958
licensee and who on or after the effective date of this amendment	1959
September 9, 2008, enters into a rental agreement with the	1960
landlord for the use of residential premises, and the tenant's	1961
guest while the tenant is present, from lawfully carrying or	1962
possessing a handgun on those residential premises.	1963

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

1964

(i) "Residential premises" has the same meaning as in section	1965
5321.01 of the Revised Code, except "residential premises" does	1966
not include a dwelling unit that is owned or operated by a college	1967
or university.	1968

(ii) "Landlord," "tenant," and "rental agreement" have the	1969
same meanings as in section 5321.01 of the Revised Code.	1970

(D) A person who holds a license to carry a concealed handgun	1971
that waslicense issued pursuant to the law ofby another state	1972
that is recognized by the attorney general pursuant to a	1973
reciprocity agreement entered into pursuant to section 109.69 of	1974
the Revised Code has the same right to carry a concealed handgun	1975
in this state as a person who was issued a license to carry a	1976
concealed handgun license under section 2923.125 of the Revised	1977
Code and is subject to the same restrictions that apply to a	1978
person who carries a license issued under that section.	1979

(E) A peace officer has the same right to carry a concealed	1980
handgun in this state as a person who was issued a license to	1981
carry a concealed handgun license under section 2923.125 of the	1982
Revised Code. For purposes of reciprocity with other states, a	1983
peace officer shall be considered to be a licensee in this state.	1984

(F)(1) A qualified retired peace officer who possesses a	1985
retired peace officer identification card issued pursuant to	1986
division (F)(2) of this section and a valid firearms	1987
requalification certification issued pursuant to division (F)(3)	1988
of this section has the same right to carry a concealed handgun in	1989
this state as a person who was issued a license to carry a	1990
concealed handgun license under section 2923.125 of the Revised	1991
Code and is subject to the same restrictions that apply to a	1992
person who carries a license issued under that section. For	1993
purposes of reciprocity with other states, a qualified retired	1994
peace officer who possesses a retired peace officer identification	1995
card issued pursuant to division (F)(2) of this section and a	1996
valid firearms requalification certification issued pursuant to	1997
division (F)(3) of this section shall be considered to be a	1998
licensee in this state.	1999

(2)(a) Each public agency of this state or of a political	2000
subdivision of this state that is served by one or more peace	2001
officers shall issue a retired peace officer identification card	2002
to any person who retired from service as a peace officer with	2003
that agency, if the issuance is in accordance with the agency's	2004
policies and procedures and if the person, with respect to the	2005
person's service with that agency, satisfies all of the following:	2006

(i) The person retired in good standing from service as a	2007
peace officer with the public agency, and the retirement was not	2008
for reasons of mental instability.	2009

(ii) Before retiring from service as a peace officer with	2010
that agency, the person was authorized to engage in or supervise	2011
the prevention, detection, investigation, or prosecution of, or	2012
the incarceration of any person for, any violation of law and the	2013
person had statutory powers of arrest.	2014

(iii) At the time of the person's retirement as a peace	2015
officer with that agency, the person was trained and qualified to	2016
carry firearms in the performance of the peace officer's duties.	2017

(iv) Before retiring from service as a peace officer with	2018
that agency, the person was regularly employed as a peace officer	2019
for an aggregate of fifteen years or more, or, in the alternative,	2020
the person retired from service as a peace officer with that	2021
agency, after completing any applicable probationary period of	2022
that service, due to a service-connected disability, as determined	2023
by the agency.	2024

(b) A retired peace officer identification card issued to a	2025
person under division (F)(2)(a) of this section shall identify the	2026
person by name, contain a photograph of the person, identify the	2027
public agency of this state or of the political subdivision of	2028
this state from which the person retired as a peace officer and	2029
that is issuing the identification card, and specify that the	2030
person retired in good standing from service as a peace officer	2031
with the issuing public agency and satisfies the criteria set	2032
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	2033
addition to the required content specified in this division, a	2034
retired peace officer identification card issued to a person under	2035
division (F)(2)(a) of this section may include the firearms	2036
requalification certification described in division (F)(3) of this	2037
section, and if the identification card includes that	2038
certification, the identification card shall serve as the firearms	2039
requalification certification for the retired peace officer. If	2040
the issuing public agency issues credentials to active law	2041
enforcement officers who serve the agency, the agency may comply	2042
with division (F)(2)(a) of this section by issuing the same	2043
credentials to persons who retired from service as a peace officer	2044
with the agency and who satisfy the criteria set forth in	2045
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	2046
credentials so issued to retired peace officers are stamped with	2047
the word "RETIRED."	2048

(c) A public agency of this state or of a political	2049
subdivision of this state may charge persons who retired from	2050
service as a peace officer with the agency a reasonable fee for	2051
issuing to the person a retired peace officer identification card	2052
pursuant to division (F)(2)(a) of this section.	2053

(3) If a person retired from service as a peace officer with	2054
a public agency of this state or of a political subdivision of	2055
this state and the person satisfies the criteria set forth in	2056
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	2057
may provide the retired peace officer with the opportunity to	2058
attend a firearms requalification program that is approved for	2059
purposes of firearms requalification required under section	2060
109.801 of the Revised Code. The retired peace officer may be	2061
required to pay the cost of the course.	2062

If a retired peace officer who satisfies the criteria set	2063
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	2064
firearms requalification program that is approved for purposes of	2065
firearms requalification required under section 109.801 of the	2066
Revised Code, the retired peace officer's successful completion of	2067
the firearms requalification program requalifies the retired peace	2068
officer for purposes of division (F) of this section for five	2069
years from the date on which the program was successfully	2070
completed, and the requalification is valid during that five-year	2071
period. If a retired peace officer who satisfies the criteria set	2072
forth in divisions (F)(2)(a)(i) to (iv) of this section	2073
satisfactorily completes such a firearms requalification program,	2074
the retired peace officer shall be issued a firearms	2075
requalification certification that identifies the retired peace	2076
officer by name, identifies the entity that taught the program,	2077
specifies that the retired peace officer successfully completed	2078
the program, specifies the date on which the course was	2079
successfully completed, and specifies that the requalification is	2080
valid for five years from that date of successful completion. The	2081
firearms requalification certification for a retired peace officer	2082
may be included in the retired peace officer identification card	2083
issued to the retired peace officer under division (F)(2) of this	2084
section.	2085

A retired peace officer who attends a firearms	2086
requalification program that is approved for purposes of firearms	2087
requalification required under section 109.801 of the Revised Code	2088
may be required to pay the cost of the program.	2089

(G) As used in this section:

2090

(1) "Qualified retired peace officer" means a person who	2091
satisfies all of the following:	2092

(a) The person satisfies the criteria set forth in divisions	2093
(F)(2)(a)(i) to (v) of this section.	2094

(b) The person is not under the influence of alcohol or	2095
another intoxicating or hallucinatory drug or substance.	2096

(c) The person is not prohibited by federal law from	2097
receiving firearms.	2098

(2) "Retired peace officer identification card" means an	2099
identification card that is issued pursuant to division (F)(2) of	2100
this section to a person who is a retired peace officer.	2101

(3) "Government facility of this state or a political	2102
subdivision of this state" means any of the following:	2103

(a) A building or part of a building that is owned or leased	2104
by the government of this state or a political subdivision of this	2105
state and where employees of the government of this state or the	2106
political subdivision regularly are present for the purpose of	2107
performing their official duties as employees of the state or	2108
political subdivision;	2109

(b) The office of a deputy registrar serving pursuant to	2110
Chapter 4503. of the Revised Code that is used to perform deputy	2111
registrar functions.	2112

Sec. 2923.127. (A) If a sheriff denies an application for a	2113
license to carry a concealed handgun license under section	2114
2923.125 of the Revised Code, denies the renewal of a license to	2115
carry a concealed handgun license under that section, or denies an	2116
application for a temporary emergency license to carry a concealed	2117
handgun license on a temporary emergency basis under section	2118
2923.1213 of the Revised Code as a result of the criminal records	2119
check conducted pursuant to section 311.41 of the Revised Code and	2120
if the applicant believes the denial was based on incorrect	2121
information reported by the source the sheriff used in conducting	2122
the criminal records check, the applicant may challenge the	2123
criminal records check results using whichever of the following is	2124
applicable:	2125

(1) If the bureau of criminal identification and	2126
investigation performed the criminal records check, by using the	2127
bureau's existing challenge and review procedures;	2128

(2) If division (A)(1) of this section does not apply, by	2129
using the existing challenge and review procedure of the sheriff	2130
who denied the application or, if the sheriff does not have a	2131
challenge and review procedure, by using the challenge and review	2132
procedure prescribed by the bureau of criminal identification and	2133
investigation pursuant to division (B) of this section.	2134

(B) The bureau of criminal identification and investigation	2135
shall prescribe a challenge and review procedure for applicants to	2136
use to challenge criminal records checks under division (A)(2) of	2137
this section in counties in which the sheriff with whom thean	2138
application for a license to carry a concealed handgun or for the	2139
renewal of a license to carry a concealed handgun was filed or	2140
with whom the application for a temporary emergency license to	2141
carry a concealed handgun wasof a type described in division (A)	2142
of this section was filed or submitted does not have an existing	2143
challenge and review procedure.	2144

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	2145
concealed handgun license issued under section 2923.125 or	2146
2923.1213 of the Revised Code is arrested for or otherwise charged	2147
with an offense described in division (D)(1)(d) of section	2148
2923.125 of the Revised Code or with a violation of section	2149
2923.15 of the Revised Code or becomes subject to a temporary	2150
protection order or to a protection order issued by a court of	2151
another state that is substantially equivalent to a temporary	2152
protection order, the sheriff who issued the license or temporary	2153
emergency license shall suspend it and shall comply with division	2154
(A)(3) of this section upon becoming aware of the arrest, charge,	2155
or protection order. Upon suspending the license or temporary	2156
emergency license, the sheriff also shall comply with division (H)	2157
of section 2923.125 of the Revised Code.	2158

(b) A suspension under division (A)(1)(a) of this section	2159
shall be considered as beginning on the date that the licensee is	2160
arrested for or otherwise charged with an offense described in	2161
that division or on the date the appropriate court issued the	2162
protection order described in that division, irrespective of when	2163
the sheriff notifies the licensee under division (A)(3) of this	2164
section. The suspension shall end on the date on which the charges	2165
are dismissed or the licensee is found not guilty of the offense	2166
described in division (A)(1)(a) of this section or, subject to	2167
division (B) of this section, on the date the appropriate court	2168
terminates the protection order described in that division. If the	2169
suspension so ends, the sheriff shall return the license or	2170
temporary emergency license to the licensee.	2171

(2)(a) If a licensee holding a valid concealed handgun	2172
license issued under section 2923.125 or 2923.1213 of the Revised	2173
Code is convicted of or pleads guilty to a misdemeanor violation	2174
of division (B)(1), (2), or (4) of section 2923.12 of the Revised	2175
Code or of division (E)(1), (2), (3), or (5) of section 2923.16 of	2176
the Revised Code, except as provided in division (A)(2)(c) of this	2177
section and subject to division (C) of this section, the sheriff	2178
who issued the license or temporary emergency license shall	2179
suspend it and shall comply with division (A)(3) of this section	2180
upon becoming aware of the conviction or guilty plea. Upon	2181
suspending the license or temporary emergency license, the sheriff	2182
also shall comply with division (H) of section 2923.125 of the	2183
Revised Code.	2184

(b) A suspension under division (A)(2)(a) of this section	2185
shall be considered as beginning on the date that the licensee is	2186
convicted of or pleads guilty to the offense described in that	2187
division, irrespective of when the sheriff notifies the licensee	2188
under division (A)(3) of this section. If the suspension is	2189
imposed for a misdemeanor violation of division (B)(1) or (2) of	2190
section 2923.12 of the Revised Code or of division (E)(1), (2), or	2191
(3) of section 2923.16 of the Revised Code, it shall end on the	2192
date that is one year after the date that the licensee is	2193
convicted of or pleads guilty to that violation. If the suspension	2194
is imposed for a misdemeanor violation of division (B)(4) of	2195
section 2923.12 of the Revised Code or of division (E)(5) of	2196
section 2923.16 of the Revised Code, it shall end on the date that	2197
is two years after the date that the licensee is convicted of or	2198
pleads guilty to that violation. If the licensee's license was	2199
issued under section 2923.125 of the Revised Code and the license	2200
remains valid after the suspension ends as described in this	2201
division, when the suspension ends, the sheriff shall return the	2202
license to the licensee. If the licensee's license was issued	2203
under section 2923.125 of the Revised Code and the license expires	2204
before the suspension ends as described in this division, or if	2205
the licensee's license was issued under section 2923.1213 of the	2206
Revised Code, the licensee is not eligible to apply for a new	2207
license under section 2923.125 or 2923.1213 of the Revised Code or	2208
to renew the license under section 2923.125 of the Revised Code	2209
until after the suspension ends as described in this division.	2210

(c) The license of a licensee who is convicted of or pleads	2211
guilty to a violation of division (B)(1) of section 2923.12 or	2212
division (E)(1) or (2) of section 2923.16 of the Revised Code	2213
shall not be suspended pursuant to division (A)(2)(a) of this	2214
section if, at the time of the stop of the licensee for a law	2215
enforcement purpose, for a traffic stop, or for a purpose defined	2216
in section 5503.34 of the Revised Code that was the basis of the	2217
violation, any law enforcement officer involved with the stop or	2218
the employee of the motor carrier enforcement unit who made the	2219
stop had actual knowledge of the licensee's status as a licensee.	2220

(3) Upon becoming aware of an arrest, charge, or protection	2221
order described in division (A)(1)(a) of this section with respect	2222
to a licensee who was issued a concealed handgun license under	2223
section 2923.125 or 2923.1213 of the Revised Code, or a conviction	2224
of or plea of guilty to a misdemeanor offense described in	2225
division (A)(2)(a) of this section with respect to a licensee who	2226
was issued a concealed handgun license under either section and	2227
with respect to which division (A)(2)(c) of this section does not	2228
apply, subject to division (C) of this section, the sheriff who	2229
issued the licensee's license or temporary emergency license to	2230
carry a concealed handgun shall notify the licensee, by certified	2231
mail, return receipt requested, at the licensee's last known	2232
residence address that the license or temporary emergency license	2233
has been suspended and that the licensee is required to surrender	2234
the license or temporary emergency license at the sheriff's office	2235
within ten days of the date on which the notice was mailed. If the	2236
suspension is pursuant to division (A)(2) of this section, the	2237
notice shall identify the date on which the suspension ends.	2238

(B)(1) A sheriff who issues a concealed handgun license or	2239
temporary emergency license to carry a concealed handgun to a	2240
licensee under section 2923.125 or 2923.1213 of the Revised Code	2241
shall revoke the license or temporary emergency license in	2242
accordance with division (B)(2) of this section upon becoming	2243
aware that the licensee satisfies any of the following:	2244

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

2245

(b) Subject to division (C) of this section, at the time of	2246
the issuance of the license or temporary emergency license, the	2247
licensee did not satisfy the eligibility requirements of division	2248
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	2249
Revised Code.	2250

(c) Subject to division (C) of this section, on or after the	2251
date on which the license or temporary emergency license was	2252
issued, the licensee is convicted of or pleads guilty to a	2253
violation of section 2923.15 of the Revised Code or an offense	2254
described in division (D)(1)(e), (f), (g), or (h) of section	2255
2923.125 of the Revised Code.	2256

(d) On or after the date on which the license or temporary	2257
emergency license was issued, the licensee becomes subject to a	2258
civil protection order or to a protection order issued by a court	2259
of another state that is substantially equivalent to a civil	2260
protection order.	2261

(e) The licensee knowingly carries a concealed handgun into a	2262
place that the licensee knows is an unauthorized place specified	2263
in division (B) of section 2923.126 of the Revised Code.	2264

(f) On or after the date on which the license or temporary	2265
emergency license was issued, the licensee is adjudicated as a	2266
mental defective or is committed to a mental institution.	2267

(g) At the time of the issuance of the license or temporary	2268
emergency license, the licensee did not meet the residency	2269
requirements described in division (D)(1) of section 2923.125 of	2270
the Revised Code and currently does not meet the residency	2271
requirements described in that division.	2272

(h) Regarding a license issued under section 2923.125 of the	2273
Revised Code, the competency certificate the licensee submitted	2274
was forged or otherwise was fraudulent.	2275

(2) Upon becoming aware of any circumstance listed in	2276
division (B)(1) of this section that applies to a particular	2277
licensee who was issued a concealed handgun license under section	2278
2923.125 or 2923.1213 of the Revised Code, subject to division (C)	2279
of this section, the sheriff who issued the license or temporary	2280
emergency license to carry a concealed handgun to the licensee	2281
shall notify the licensee, by certified mail, return receipt	2282
requested, at the licensee's last known residence address that the	2283
license or temporary emergency license is subject to revocation	2284
and that the licensee may come to the sheriff's office and contest	2285
the sheriff's proposed revocation within fourteen days of the date	2286
on which the notice was mailed. After the fourteen-day period and	2287
after consideration of any information that the licensee provides	2288
during that period, if the sheriff determines on the basis of the	2289
information of which the sheriff is aware that the licensee is	2290
described in division (B)(1) of this section and no longer	2291
satisfies the requirements described in division (D)(1) of section	2292
2923.125 of the Revised Code that are applicable to the licensee's	2293
type of license, the sheriff shall revoke the license or temporary	2294
emergency license, notify the licensee of that fact, and require	2295
the licensee to surrender the license or temporary emergency	2296
license. Upon revoking the license or temporary emergency license,	2297
the sheriff also shall comply with division (H) of section	2298
2923.125 of the Revised Code.	2299

(C) If a sheriff who issues a license or temporary emergency	2300
license to carry a concealed handgun license to a licensee under	2301
section 2923.125 or 2923.1213 of the Revised Code becomes aware	2302
that at the time of the issuance of the license or temporary	2303
emergency license the licensee had been convicted of or pleaded	2304
guilty to an offense identified in division (D)(1)(e), (f), or (h)	2305
of section 2923.125 of the Revised Code or had been adjudicated a	2306
delinquent child for committing an act or violation identified in	2307
any of those divisions or becomes aware that on or after the date	2308
on which the license or temporary emergency license was issued the	2309
licensee has been convicted of or pleaded guilty to an offense	2310
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	2311
sheriff shall not consider that conviction, guilty plea, or	2312
adjudication as having occurred for purposes of divisions (A)(2),	2313
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	2314
the sealing or expungement of the records of that conviction,	2315
guilty plea, or adjudication pursuant to sections 2151.355 to	2316
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	2317
court has granted the licensee relief pursuant to section 2923.14	2318
of the Revised Code from the disability imposed pursuant to	2319
section 2923.13 of the Revised Code relative to that conviction,	2320
guilty plea, or adjudication.	2321

(D) As used in this section, "motor carrier enforcement unit"	2322
has the same meaning as in section 2923.16 of the Revised Code.	2323

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	2324
bureau of criminal identification and investigation, the employees	2325
of the bureau, the Ohio peace officer training commission, or the	2326
employees of the commission make a good faith effort in performing	2327
the duties imposed upon the sheriff, the superintendent, the	2328
bureau's employees, the commission, or the commission's employees	2329
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	2330
Revised Code, in addition to the personal immunity provided by	2331
section 9.86 of the Revised Code or division (A)(6) of section	2332
2744.03 of the Revised Code and the governmental immunity of	2333
sections 2744.02 and 2744.03 of the Revised Code and in addition	2334
to any other immunity possessed by the bureau, the commission, and	2335
their employees, the sheriff, the sheriff's office, the county in	2336
which the sheriff has jurisdiction, the bureau, the superintendent	2337
of the bureau, the bureau's employees, the commission, and the	2338
commission's employees are immune from liability in a civil action	2339
for injury, death, or loss to person or property that allegedly	2340
was caused by or related to any of the following:	2341

(a) The issuance, renewal, suspension, or revocation of a	2342
license to carry a concealed handgun or the issuance, suspension,	2343
or revocation of a temporary emergency license to carry a	2344
concealed handgun license;	2345

(b) The failure to issue, renew, suspend, or revoke a license	2346
to carry a concealed handgun or the failure to issue, suspend, or	2347
revoke a temporary emergency license to carry a concealed handgun	2348
license;	2349

(c) Any action or misconduct with a handgun committed by a	2350
licensee.	2351

(2) Any action of a sheriff relating to the issuance,	2352
renewal, suspension, or revocation of a license to carry a	2353
concealed handgun or the issuance, suspension, or revocation of a	2354
temporary emergency license to carry a concealed handgun license	2355
shall be considered to be a governmental function for purposes of	2356
Chapter 2744. of the Revised Code.	2357

(3) An entity that or instructor who provides a competency	2358
certification of a type described in division (B)(3) of section	2359
2923.125 of the Revised Code is immune from civil liability that	2360
might otherwise be incurred or imposed for any death or any injury	2361
or loss to person or property that is caused by or related to a	2362
person to whom the entity or instructor has issued the competency	2363
certificate if all of the following apply:	2364

(a) The alleged liability of the entity or instructor relates	2365
to the training provided in the course, class, or program covered	2366
by the competency certificate.	2367

(b) The entity or instructor makes a good faith effort in	2368
determining whether the person has satisfactorily completed the	2369
course, class, or program and makes a good faith effort in	2370
assessing the person in the competency examination conducted	2371
pursuant to division (G)(2) of section 2923.125 of the Revised	2372
Code.	2373

(c) The entity or instructor did not issue the competency	2374
certificate with malicious purpose, in bad faith, or in a wanton	2375
or reckless manner.	2376

(4) An entity that or instructor who, prior to the effective	2377
date of this amendment, provides a renewed competency	2378
certification of a type described in division (G)(4) of section	2379
2923.125 of the Revised Code as it existed prior to the effective	2380
date of this amendment is immune from civil liability that might	2381
otherwise be incurred or imposed for any death or any injury or	2382
loss to person or property that is caused by or related to a	2383
person to whom the entity or instructor has issued the renewed	2384
competency certificate if all of the following apply:	2385

(a) The entity or instructor makes a good faith effort in	2386
assessing the person in the physical demonstrations or the	2387
competency examination conducted pursuant to division (G)(4) of	2388
section 2923.125 of the Revised Code as it existed prior to the	2389
effective date of this amendment.	2390

(b) The entity or instructor did not issue the renewed	2391
competency certificate with malicious purpose, in bad faith, or in	2392
a wanton or reckless manner.	2393

(5) A law enforcement agency that employs a peace officer is	2394
immune from liability in a civil action to recover damages for	2395
injury, death, or loss to person or property allegedly caused by	2396
any act of that peace officer if the act occurred while the peace	2397
officer carried a concealed handgun and was off duty and if the	2398
act allegedly involved the peace officer's use of the concealed	2399
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	2400
Code apply to any civil action involving a peace officer's use of	2401
a concealed handgun in the performance of the peace officer's	2402
official duties while the peace officer is off duty.	2403

(B)(1) Notwithstanding section 149.43 of the Revised Code,	2404
except as provided in division (B)(2) of this section, the records	2405
that a sheriff keeps relative to the issuance, renewal,	2406
suspension, or revocation of a license to carry a concealed	2407
handgun or the issuance, suspension, or revocation of a temporary	2408
emergency license to carry a concealed handgun license, including,	2409
but not limited to, completed applications for the issuance or	2410
renewal of a license, completed affidavits submitted regarding an	2411
application for a license on a temporary emergency licensebasis,	2412
reports of criminal records checks and incompetency records checks	2413
under section 311.41 of the Revised Code, and applicants' social	2414
security numbers and fingerprints that are obtained under division	2415
(A) of section 311.41 of the Revised Code, are confidential and	2416
are not public records. Except as provided in division (B)(2) of	2417
this section, no person shall release or otherwise disseminate	2418
records that are confidential under this division unless required	2419
to do so pursuant to a court order.	2420

(2)(a) A journalist, on or after April 8, 2004, may submit to	2421
a sheriff a signed, written request to view the name, county of	2422
residence, and date of birth of each person to whom the sheriff	2423
has issued a license or replacement license to carry a concealed	2424
handgun, renewed a license to carry a concealed handgun, or issued	2425
a temporary emergency license or replacement temporary emergency	2426
license to carry a concealed handgun under section 2923.125 or	2427
2923.1213 of the Revised Codelicense, or a signed, written	2428
request to view the name, county of residence, and date of birth	2429
of each person for whom the sheriff has suspended or revoked a	2430
license to carry a concealed handgun or a temporary emergency	2431
license to carry a concealed handgun under section 2923.128 of the	2432
Revised Codelicense. The request shall include the journalist's	2433
name and title, shall include the name and address of the	2434
journalist's employer, and shall state that disclosure of the	2435
information sought would be in the public interest. If a	2436
journalist submits a signed, written request to the sheriff to	2437
view the information described in this division, the sheriff shall	2438
grant the journalist's request. The journalist shall not copy the	2439
name, county of residence, or date of birth of each person to or	2440
for whom the sheriff has issued, suspended, or revoked a license	2441
described in this division.	2442

(b) As used in division (B)(2) of this section, "journalist"	2443
means a person engaged in, connected with, or employed by any news	2444
medium, including a newspaper, magazine, press association, news	2445
agency, or wire service, a radio or television station, or a	2446
similar medium, for the purpose of gathering, processing,	2447
transmitting, compiling, editing, or disseminating information for	2448
the general public.	2449

(C) Each sheriff shall report to the Ohio peace officer	2450
training commission the number of licenses to carry a concealed	2451
handgun licenses that the sheriff issued, renewed, suspended,	2452
revoked, or denied under section 2923.125 of the Revised Code	2453
during the previous quarter of the calendar year, the number of	2454
applications for those licenses for which processing was suspended	2455
in accordance with division (D)(3) of section 2923.125 of the	2456
Revised Code during the previous quarter of the calendar year, and	2457
the number of concealed handgun licenses on a temporary emergency	2458
licenses to carry a concealed handgunbasis that the sheriff	2459
issued, suspended, revoked, or denied under section 2923.1213 of	2460
the Revised Code during the previous quarter of the calendar year.	2461
The sheriff shall not include in the report the name or any other	2462
identifying information of an applicant or licensee. The sheriff	2463
shall report that information in a manner that permits the	2464
commission to maintain the statistics described in division (D)(C)	2465
of section 109.731 of the Revised Code and to timely prepare the	2466
statistical report described in that division. The information	2467
that is received by the commission under this division is a public	2468
record kept by the commission for the purposes of section 149.43	2469
of the Revised Code.	2470

(D) Law enforcement agencies may use the information a	2471
sheriff makes available through the use of the law enforcement	2472
automated data system pursuant to division (H) of section 2923.125	2473
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	2474
for law enforcement purposes only. The information is confidential	2475
and is not a public record. A person who releases or otherwise	2476
disseminates this information obtained through the law enforcement	2477
automated data system in a manner not described in this division	2478
is guilty of a violation of section 2913.04 of the Revised Code.	2479

(E) Whoever violates division (B) of this section is guilty	2480
of illegal release of confidential concealed handgun license	2481
records, a felony of the fifth degree. In addition to any	2482
penalties imposed under Chapter 2929. of the Revised Code for a	2483
violation of division (B) of this section or a violation of	2484
section 2913.04 of the Revised Code described in division (D) of	2485
this section, if the offender is a sheriff, an employee of a	2486
sheriff, or any other public officer or employee, and if the	2487
violation was willful and deliberate, the offender shall be	2488
subject to a civil fine of one thousand dollars. Any person who is	2489
harmed by a violation of division (B) or (C) of this section or a	2490
violation of section 2913.04 of the Revised Code described in	2491
division (D) of this section has a private cause of action against	2492
the offender for any injury, death, or loss to person or property	2493
that is a proximate result of the violation and may recover court	2494
costs and attorney's fees related to the action.	2495

Sec. 2923.1210.  The application for a license to carry a	2496
concealed handgun license or for the renewal of a license of that	2497
nature that is to be used under section 2923.125 of the Revised	2498
Code shall conform substantially to the following forms:	2499

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				2500
		Please Type or Print in Ink				2501

SECTION I.				2502
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE.				2503

SECTION II.	2504

Name:	2505

Last		First		Middle		2506
						2507

Social Security Number: ...............................	2508

Current Residence:	2509

Street	City	State	County	Zip		2510
............	............	............	...........	............		2511

Mailing Address (If Different From Above):	2512

Street	City	State	Zip		2513
............	............	............	..............		2514

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2515
...../..../....		............		....		.....		(...).........		2516

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2517

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2518
(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county?		.... YES		.... NO		2519
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2520
(3) Are you a fugitive from justice?		.... YES		.... NO		2521
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?		.... YES		.... NO		2522
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult?		.... YES		.... NO		2523
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult?		.... YES		.... NO		2524
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest?		.... YES		.... NO		2525
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2526
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application?		.... YES		.... NO		2527
(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer?		.... YES		.... NO		2528
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2529
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2530
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state?		.... YES		.... NO		2531
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, license that previously was issued to you?		.... YES		.... NO		2532

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2533
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2534
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	2535
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	2536
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	2537
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	2538
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2539
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2540
AT THE END OF THIS SECTION.	2541

Residence 1:	2542

Street	City	State	County	Zip		2543
..........	..........	..........	..........	..........		2544
Dates of residence at this address				2545

Residence 2:	2546

Street	City	State	County	Zip		2547
..........	..........	..........	..........	..........		2548
Dates of residence at this address				2549

Residence 3:	2550

Street	City	State	County	Zip		2551
..........	..........	..........	..........	..........		2552
Dates of residence at this address				2553

Residence 4:	2554

Street	City	State	County	Zip		2555
..........	..........	..........	..........	..........		2556
Dates of residence at this address				2557

SECTION V.	2558

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2559
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2560
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2561
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2562
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2563
AT THE END OF THIS SECTION.	2564

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

.... YES

.... NO

2565

(2) If your answer to the question in part (1) of this section of	2566
the application is "yes," you must complete this part by listing	2567
each county in Ohio, and each other state, in which you previously	2568
applied for either type of a license and, to the best of your	2569
knowledge, the date on which you made the application.	2570

Previous application made in .............. (insert name of Ohio	2571
county or other state) on ............... (insert date of	2572
application.)	2573

Previous application made in .............. (insert name of Ohio	2574
county or other state) on ............... (insert date of	2575
application.)	2576

Previous application made in .............. (insert name of Ohio	2577
county or other state) on ............... (insert date of	2578
application.)	2579

Previous application made in .............. (insert name of Ohio	2580
county or other state) on ............... (insert date of	2581
application.)	2582

SECTION VI.	2583

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2584
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2585
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2586
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2587
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2588

(1) I have read the pamphlet that explains the Ohio firearms laws,	2589
that provides instruction in dispute resolution and explains	2590
the Ohio laws related to that matter, and that provides	2591
information regarding all aspects of the use of deadly force	2592
with a firearm, and I am knowledgeable of the provisions of	2593
those laws and of the information on those matters.	2594

(2) I desire a legal means to carry a concealed handgun for	2595
defense of myself or a member of my family while engaged in	2596
lawful activity.	2597

(3) I have never been convicted of or pleaded guilty to a crime of	2598
violence in the state of Ohio or elsewhere (if you have been	2599
convicted of or pleaded guilty to such a crime, but the	2600
records of that conviction or guilty plea have been sealed or	2601
expunged by court order or a court has granted relief	2602
pursuant to section 2923.14 of the Revised Code from the	2603
disability imposed pursuant to section 2923.13 of the Revised	2604
Code relative to that conviction or guilty plea, you may	2605
treat the conviction or guilty plea for purposes of this	2606
paragraph as if it never had occurred). I am of sound mind. I	2607
hereby certify that the statements contained herein are true	2608
and correct to the best of my knowledge and belief. I	2609
understand that if I knowingly make any false statements	2610
herein I am subject to penalties prescribed by law. I	2611
authorize the sheriff or the sheriff's designee to inspect	2612
only those records or documents relevant to information	2613
required for this application.	2614

(4) The information contained in this application and all attached	2615
documents are true and correct to the best of my knowledge.	2616

			2617
	Signature of Applicant"		2618

"Ohio Peace Officer Training Commission		APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN				2619
		Please Type or Print in Ink				2620

SECTION I.				2621
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE.				2622

SECTION II.	2623

Name:	2624

Last		First		Middle		2625
						2626

Social Security Number: ...............................	2627

Current Residence:	2628

Street	City	State	County	Zip		2629
............	............	............	...........	............		2630

Mailing Address (If Different From Above):	2631

Street	City	State	Zip		2632
............	............	............	..............		2633

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2634
...../..../....		............		....		.....		(...).........		2635

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2636

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2637
(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county?		.... YES		.... NO		2638
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2639
(3) Are you a fugitive from justice?		.... YES		.... NO		2640
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?		.... YES		.... NO		2641
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult?		.... YES		.... NO		2642
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult?		.... YES		.... NO		2643
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest?		.... YES		.... NO		2644
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2645
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application?		.... YES		.... NO		2646
(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer?		.... YES		.... NO		2647
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2648
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2649
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state?		.... YES		.... NO		2650
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, license that previously was issued to you?		.... YES		.... NO		2651

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2652
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2653
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST	2654
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU	2655
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II	2656
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE	2657
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET	2658
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND	2659
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.	2660

Residence 1:	2661

Street	City	State	County	Zip		2662
..........	..........	..........	..........	..........		2663
Dates of residence at this address				2664

Residence 2:	2665

Street	City	State	County	Zip		2666
..........	..........	..........	..........	..........		2667
Dates of residence at this address				2668

Residence 3:	2669

Street	City	State	County	Zip		2670
..........	..........	..........	..........	..........		2671
Dates of residence at this address				2672

Residence 4:	2673

Street	City	State	County	Zip		2674
..........	..........	..........	..........	..........		2675
Dates of residence at this address				2676

SECTION V.	2677

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2678
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2679
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2680
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2681
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2682
AT THE END OF THIS SECTION.	2683

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

.... YES

.... NO

2684

(2) If your answer to the question in part (1) of this section of	2685
the application is "yes," you must complete this part by listing	2686
each county in Ohio, and each other state, in which you previously	2687
applied for either type of a license and, to the best of your	2688
knowledge, the date on which you made the application.	2689

Previous application made in .............. (insert name of Ohio	2690
county or other state) on ............... (insert date of	2691
application.)	2692

Previous application made in .............. (insert name of Ohio	2693
county or other state) on ............... (insert date of	2694
application.)	2695

Previous application made in .............. (insert name of Ohio	2696
county or other state) on ............... (insert date of	2697
application.)	2698

Previous application made in .............. (insert name of Ohio	2699
county or other state) on ............... (insert date of	2700
application.)	2701

SECTION VI.	2702

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2703
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2704
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2705
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2706
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2707

(1) I have read the pamphlet that explains the Ohio firearms laws,	2708
that provides instruction in dispute resolution and explains	2709
the Ohio laws related to that matter, and that provides	2710
information regarding all aspects of the use of deadly force	2711
with a firearm, and I am knowledgeable of the provisions of	2712
those laws and of the information on those matters.	2713

(2) I desire a legal means to carry a concealed handgun for	2714
defense of myself or a member of my family while engaged in	2715
lawful activity.	2716

(3) I have never been convicted of or pleaded guilty to a crime of	2717
violence in the state of Ohio or elsewhere (if you have been	2718
convicted of or pleaded guilty to such a crime, but the	2719
records of that conviction or guilty plea have been sealed or	2720
expunged by court order or a court has granted relief	2721
pursuant to section 2923.14 of the Revised Code from the	2722
disability imposed pursuant to section 2923.13 of the Revised	2723
Code relative to that conviction or guilty plea, you may	2724
treat the conviction or guilty plea for purposes of this	2725
paragraph as if it never had occurred). I am of sound mind. I	2726
hereby certify that the statements contained herein are true	2727
and correct to the best of my knowledge and belief. I	2728
understand that if I knowingly make any false statements	2729
herein I am subject to penalties prescribed by law. I	2730
authorize the sheriff or the sheriff's designee to inspect	2731
only those records or documents relevant to information	2732
required for this application.	2733

(4) The information contained in this application and all attached	2734
documents are true and correct to the best of my knowledge.	2735

			2736
	Signature of Applicant"		2737

Sec. 2923.1211.  (A) No person shall alter a license or	2738
temporary emergency license to carry a concealed handgun that was	2739
issued pursuant to section 2923.125 or 2923.1213 of the Revised	2740
Codelicense or create a fictitious document that purports to be a	2741
license of that nature.	2742

(B) No person, except in the performance of official duties,	2743
shall possess a license to carry a concealed handgun license that	2744
was issued and that has been revoked or suspended pursuant to	2745
section 2923.128 of the Revised Code or a temporary emergency	2746
license to carry a concealed handgun that was issued and that has	2747
been revoked pursuant to section 2923.1213 of the Revised Code.	2748

(C) Whoever violates division (A) of this section is guilty	2749
of falsification of a concealed handgun license, a felony of the	2750
fifth degree. Whoever violates division (B) of this section is	2751
guilty of possessing a revoked or suspended concealed handgun	2752
license, a misdemeanor of the third degree.	2753

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

2754

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

2755

(a) A statement sworn by the person seeking to carry a	2756
concealed handgun that is made under threat of perjury and that	2757
states that the person has reasonable cause to fear a criminal	2758
attack upon the person or a member of the person's family, such as	2759
would justify a prudent person in going armed;	2760

(b) A written document prepared by a governmental entity or	2761
public official describing the facts that give the person seeking	2762
to carry a concealed handgun reasonable cause to fear a criminal	2763
attack upon the person or a member of the person's family, such as	2764
would justify a prudent person in going armed. Written documents	2765
of this nature include, but are not limited to, any temporary	2766
protection order, civil protection order, protection order issued	2767
by another state, or other court order, any court report, and any	2768
report filed with or made by a law enforcement agency or	2769
prosecutor.	2770

(2) "Prosecutor" has the same meaning as in section 2935.01	2771
of the Revised Code.	2772

(B)(1) A person seeking a temporary emergency license to	2773
carry a concealed handgun license on a temporary basis shall	2774
submit to the sheriff of the county in which the person resides	2775
all of the following:	2776

(a) Evidence of imminent danger to the person or a member of	2777
the person's family;	2778

(b) A sworn affidavit that contains all of the information	2779
required to be on the license and attesting that the person is	2780
legally living in the United States; is at least twenty-one years	2781
of age; is not a fugitive from justice; is not under indictment	2782
for or otherwise charged with an offense identified in division	2783
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	2784
convicted of or pleaded guilty to an offense, and has not been	2785
adjudicated a delinquent child for committing an act, identified	2786
in division (D)(1)(e) of that section and to which division (B)(3)	2787
of this section does not apply; within three years of the date of	2788
the submission, has not been convicted of or pleaded guilty to an	2789
offense, and has not been adjudicated a delinquent child for	2790
committing an act, identified in division (D)(1)(f) of that	2791
section and to which division (B)(3) of this section does not	2792
apply; within five years of the date of the submission, has not	2793
been convicted of, pleaded guilty, or adjudicated a delinquent	2794
child for committing two or more violations identified in division	2795
(D)(1)(g) of that section; within ten years of the date of the	2796
submission, has not been convicted of, pleaded guilty, or	2797
adjudicated a delinquent child for committing a violation	2798
identified in division (D)(1)(h) of that section and to which	2799
division (B)(3) of this section does not apply; has not been	2800
adjudicated as a mental defective, has not been committed to any	2801
mental institution, is not under adjudication of mental	2802
incompetence, has not been found by a court to be a mentally ill	2803
person subject to hospitalization by court order, and is not an	2804
involuntary patient other than one who is a patient only for	2805
purposes of observation, as described in division (D)(1)(i) of	2806
that section; is not currently subject to a civil protection	2807
order, a temporary protection order, or a protection order issued	2808
by a court of another state, as described in division (D)(1)(j) of	2809
that section; and is not currently subject to a suspension imposed	2810
under division (A)(2) of section 2923.128 of the Revised Code of a	2811
license to carry a concealed handgun, or a temporary emergency	2812
license to carry a concealed handgun,license that previously was	2813
issued to the person;	2814

(c) A nonrefundable temporary emergency license fee as	2815
described in either of the following:	2816

(i) For an applicant who has been a resident of this state	2817
for five or more years, a fee of fifteen dollars plus the actual	2818
cost of having a background check performed by the bureau of	2819
criminal identification and investigation pursuant to section	2820
311.41 of the Revised Code;	2821

(ii) For an applicant who has been a resident of this state	2822
for less than five years, a fee of fifteen dollars plus the actual	2823
cost of having background checks performed by the federal bureau	2824
of investigation and the bureau of criminal identification and	2825
investigation pursuant to section 311.41 of the Revised Code.	2826

(d) A set of fingerprints of the applicant provided as	2827
described in section 311.41 of the Revised Code through use of an	2828
electronic fingerprint reading device or, if the sheriff to whom	2829
the application is submitted does not possess and does not have	2830
ready access to the use of an electronic fingerprint reading	2831
device, on a standard impression sheet prescribed pursuant to	2832
division (C)(2) of section 109.572 of the Revised Code. If the	2833
fingerprints are provided on a standard impression sheet, the	2834
person also shall provide the person's social security number to	2835
the sheriff.	2836

(2) A sheriff shall accept the evidence of imminent danger,	2837
the sworn affidavit, the fee, and the set of fingerprints required	2838
under division (B)(1) of this section at the times and in the	2839
manners described in division (I) of this section. Upon receipt of	2840
the evidence of imminent danger, the sworn affidavit, the fee, and	2841
the set of fingerprints required under division (B)(1) of this	2842
section, the sheriff, in the manner specified in section 311.41 of	2843
the Revised Code, immediately shall conduct or cause to be	2844
conducted the criminal records check and the incompetency records	2845
check described in section 311.41 of the Revised Code. Immediately	2846
upon receipt of the results of the records checks, the sheriff	2847
shall review the information and shall determine whether the	2848
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	2849
section 2923.125 of the Revised Code apply regarding the person.	2850
If the sheriff determines that all of criteria set forth in	2851
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	2852
Revised Code apply regarding the person, the sheriff shall	2853
immediately make available through the law enforcement automated	2854
data system all information that will be contained on the	2855
temporary emergency license for the person if one is issued, and	2856
the superintendent of the state highway patrol shall ensure that	2857
the system is so configured as to permit the transmission through	2858
the system of that information. Upon making that information	2859
available through the law enforcement automated data system, the	2860
sheriff shall immediately issue to the person a temporary	2861
emergency license to carry a concealed handgun license on a	2862
temporary emergency basis.	2863

If the sheriff denies the issuance of a temporary emergency	2864
license on a temporary emergency basis to the person, the sheriff	2865
shall specify the grounds for the denial in a written notice to	2866
the person. The person may appeal the denial, or challenge	2867
criminal records check results that were the basis of the denial	2868
if applicable, in the same manners specified in division (D)(2) of	2869
section 2923.125 and in section 2923.127 of the Revised Code,	2870
regarding the denial of an application for a license to carry a	2871
concealed handgun license under that section.	2872

The temporary emergency license on a temporary emergency	2873
basis issued under this division shall be in the form, and shall	2874
include all of the information, described in divisions (A)(2) and	2875
(5) of section 109.731 of the Revised Code, and also shall include	2876
a unique combination of identifying letters and numbers in	2877
accordance with division (A)(4) of that section.	2878

The temporary emergency license on a temporary emergency	2879
basis issued under this division is valid for ninety days and may	2880
not be renewed. A person who has been issued a temporary emergency	2881
license on a temporary emergency basis under this division shall	2882
not be issued another temporary emergency license on a temporary	2883
emergency basis unless at least four years has expired since the	2884
issuance of the prior temporary emergency license on a temporary	2885
emergency basis.	2886

(3) If a person seeking a temporary emergency license to	2887
carry a concealed handgun license on a temporary emergency basis	2888
has been convicted of or pleaded guilty to an offense identified	2889
in division (D)(1)(e), (f), or (h) of section 2923.125 of the	2890
Revised Code or has been adjudicated a delinquent child for	2891
committing an act or violation identified in any of those	2892
divisions, and if a court has ordered the sealing or expungement	2893
of the records of that conviction, guilty plea, or adjudication	2894
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	2895
2953.36 of the Revised Code or a court has granted the applicant	2896
relief pursuant to section 2923.14 of the Revised Code from the	2897
disability imposed pursuant to section 2923.13 of the Revised Code	2898
relative to that conviction, guilty plea, or adjudication, the	2899
conviction, guilty plea, or adjudication shall not be relevant for	2900
purposes of the sworn affidavit described in division (B)(1)(b) of	2901
this section, and the person may complete, and swear to the truth	2902
of, the affidavit as if the conviction, guilty plea, or	2903
adjudication never had occurred.	2904

(4) The sheriff shall waive the payment pursuant to division	2905
(B)(1)(c) of this section of the license fee in connection with an	2906
application that is submitted by an applicant who is a retired	2907
peace officer, a retired person described in division (B)(1)(b) of	2908
section 109.77 of the Revised Code, or a retired federal law	2909
enforcement officer who, prior to retirement, was authorized under	2910
federal law to carry a firearm in the course of duty, unless the	2911
retired peace officer, person, or federal law enforcement officer	2912
retired as the result of a mental disability.	2913

The sheriff shall deposit all fees paid by an applicant under	2914
division (B)(1)(c) of this section into the sheriff's concealed	2915
handgun license issuance fund established pursuant to section	2916
311.42 of the Revised Code.	2917

(C) A person who holds a temporary emergency license to carry	2918
a concealed handgun license on a temporary emergency basis has the	2919
same right to carry a concealed handgun as a person who was issued	2920
a license to carry a concealed handgun license under section	2921
2923.125 of the Revised Code, and any exceptions to the	2922
prohibitions contained in section 1547.69 and sections 2923.12 to	2923
2923.16 of the Revised Code for a licensee under section 2923.125	2924
of the Revised Code apply to a licensee under this section. The	2925
person is subject to the same restrictions, and to all other	2926
procedures, duties, and sanctions, that apply to a person who	2927
carries a license issued under section 2923.125 of the Revised	2928
Code, other than the license renewal procedures set forth in that	2929
section.	2930

(D) A sheriff who issues a temporary emergency license to	2931
carry a concealed handgun license on a temporary emergency basis	2932
under this section shall not require a person seeking to carry a	2933
concealed handgun in accordance with this section to submit a	2934
competency certificate as a prerequisite for issuing the license	2935
and shall comply with division (H) of section 2923.125 of the	2936
Revised Code in regards to the license. The sheriff shall suspend	2937
or revoke the license in accordance with section 2923.128 of the	2938
Revised Code. In addition to the suspension or revocation	2939
procedures set forth in section 2923.128 of the Revised Code, the	2940
sheriff may revoke the license upon receiving information,	2941
verifiable by public documents, that the person is not eligible to	2942
possess a firearm under either the laws of this state or of the	2943
United States or that the person committed perjury in obtaining	2944
the license; if the sheriff revokes a license under this	2945
additional authority, the sheriff shall notify the person, by	2946
certified mail, return receipt requested, at the person's last	2947
known residence address that the license has been revoked and that	2948
the person is required to surrender the license at the sheriff's	2949
office within ten days of the date on which the notice was mailed.	2950
Division (H) of section 2923.125 of the Revised Code applies	2951
regarding any suspension or revocation of a temporary emergency	2952
license to carry a concealed handgun license on a temporary	2953
emergency basis.	2954

(E) A sheriff who issues a temporary emergency license to	2955
carry a concealed handgun license on a temporary emergency basis	2956
under this section shall retain, for the entire period during	2957
which the temporary emergency license is in effect, the evidence	2958
of imminent danger that the person submitted to the sheriff and	2959
that was the basis for the license, or a copy of that evidence, as	2960
appropriate.	2961

(F) If a temporary emergency license to carry a concealed	2962
handgun license on a temporary emergency basis issued under this	2963
section is lost or is destroyed, the licensee may obtain from the	2964
sheriff who issued that license a duplicate license upon the	2965
payment of a fee of fifteen dollars and the submission of an	2966
affidavit attesting to the loss or destruction of the license. The	2967
sheriff, in accordance with the procedures prescribed in section	2968
109.731 of the Revised Code, shall place on the replacement	2969
license a combination of identifying numbers different from the	2970
combination on the license that is being replaced.	2971

(G) The Ohio peace officer training commission shall	2972
prescribe, and shall make available to sheriffs, a standard form	2973
to be used under division (B) of this section by a person who	2974
applies for a temporary emergency license to carry a concealed	2975
handgun license on a temporary emergency basis on the basis of	2976
imminent danger of a type described in division (A)(1)(a) of this	2977
section.	2978

(H) A sheriff who receives any fees paid by a person under	2979
this section shall deposit all fees so paid into the sheriff's	2980
concealed handgun license issuance expense fund established under	2981
section 311.42 of the Revised Code.	2982

(I) A sheriff shall accept evidence of imminent danger, a	2983
sworn affidavit, the fee, and the set of fingerprints specified in	2984
division (B)(1) of this section at any time during normal business	2985
hours. In no case shall a sheriff require an appointment, or	2986
designate a specific period of time, for the submission or	2987
acceptance of evidence of imminent danger, a sworn affidavit, the	2988
fee, and the set of fingerprints specified in division (B)(1) of	2989
this section, or for the provision to any person of a standard	2990
form to be used for a person to apply for a temporary emergency	2991
license to carry a concealed handgun license on a temporary	2992
emergency basis.	2993

Sec. 2923.16.  (A) No person shall knowingly discharge a	2994
firearm while in or on a motor vehicle.	2995

(B) No person shall knowingly transport or have a loaded	2996
firearm in a motor vehicle in such a manner that the firearm is	2997
accessible to the operator or any passenger without leaving the	2998
vehicle.	2999

(C) No person shall knowingly transport or have a firearm in	3000
a motor vehicle, unless the person may lawfully possess that	3001
firearm under applicable law of this state or the United States,	3002
the firearm is unloaded, and the firearm is carried in one of the	3003
following ways:	3004

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

3005

(2) In a compartment that can be reached only by leaving the	3006
vehicle;	3007

(3) In plain sight and secured in a rack or holder made for	3008
the purpose;	3009

(4) If the firearm is at least twenty-four inches in overall	3010
length as measured from the muzzle to the part of the stock	3011
furthest from the muzzle and if the barrel is at least eighteen	3012
inches in length, either in plain sight with the action open or	3013
the weapon stripped, or, if the firearm is of a type on which the	3014
action will not stay open or which cannot easily be stripped, in	3015
plain sight.	3016

(D) No person shall knowingly transport or have a loaded	3017
handgun in a motor vehicle if, at the time of that transportation	3018
or possession, any of the following applies:	3019

(1) The person is under the influence of alcohol, a drug of	3020
abuse, or a combination of them.	3021

(2) The person's whole blood, blood serum or plasma, breath,	3022
or urine contains a concentration of alcohol, a listed controlled	3023
substance, or a listed metabolite of a controlled substance	3024
prohibited for persons operating a vehicle, as specified in	3025
division (A) of section 4511.19 of the Revised Code, regardless of	3026
whether the person at the time of the transportation or possession	3027
as described in this division is the operator of or a passenger in	3028
the motor vehicle.	3029

(E) No person who has been issued a license or temporary	3030
emergency license to carry a concealed handgun under section	3031
2923.125 or 2923.1213 of the Revised Code or a license to carry a	3032
concealed handgun that was issued to the person by another state	3033
with which the attorney general has entered into a reciprocity	3034
agreement under section 109.69 of the Revised Codelicense, who is	3035
the driver or an occupant of a motor vehicle that is stopped as a	3036
result of a traffic stop or a stop for another law enforcement	3037
purpose or is the driver or an occupant of a commercial motor	3038
vehicle that is stopped by an employee of the motor carrier	3039
enforcement unit for the purposes defined in section 5503.34 of	3040
the Revised Code, and who is transporting or has a loaded handgun	3041
in the motor vehicle or commercial motor vehicle in any manner,	3042
shall do any of the following:	3043

(1) Fail to promptly inform any law enforcement officer who	3044
approaches the vehicle while stopped that the person has been	3045
issued a license or temporary emergency license to carry a	3046
concealed handgun license and that the person then possesses or	3047
has a loaded handgun in the motor vehicle;	3048

(2) Fail to promptly inform the employee of the unit who	3049
approaches the vehicle while stopped that the person has been	3050
issued a license or temporary emergency license to carry a	3051
concealed handgun license and that the person then possesses or	3052
has a loaded handgun in the commercial motor vehicle;	3053

(3) Knowingly fail to remain in the motor vehicle while	3054
stopped or knowingly fail to keep the person's hands in plain	3055
sight at any time after any law enforcement officer begins	3056
approaching the person while stopped and before the law	3057
enforcement officer leaves, unless the failure is pursuant to and	3058
in accordance with directions given by a law enforcement officer;	3059

(4) Knowingly have contact with the loaded handgun by	3060
touching it with the person's hands or fingers in the motor	3061
vehicle at any time after the law enforcement officer begins	3062
approaching and before the law enforcement officer leaves, unless	3063
the person removes, attempts to remove, grasps, holds, or has	3064
contact with the loaded handgun pursuant to and in accordance with	3065
directions given by the law enforcement officer;	3066

(5) Knowingly disregard or fail to comply with any lawful	3067
order of any law enforcement officer given while the motor vehicle	3068
is stopped, including, but not limited to, a specific order to the	3069
person to keep the person's hands in plain sight.	3070

(F)(1) Divisions (A), (B), (C), and (E) of this section do	3071
not apply to any of the following:	3072

(a) An officer, agent, or employee of this or any other state	3073
or the United States, or a law enforcement officer, when	3074
authorized to carry or have loaded or accessible firearms in motor	3075
vehicles and acting within the scope of the officer's, agent's, or	3076
employee's duties;	3077

(b) Any person who is employed in this state, who is	3078
authorized to carry or have loaded or accessible firearms in motor	3079
vehicles, and who is subject to and in compliance with the	3080
requirements of section 109.801 of the Revised Code, unless the	3081
appointing authority of the person has expressly specified that	3082
the exemption provided in division (F)(1)(b) of this section does	3083
not apply to the person.	3084

(2) Division (A) of this section does not apply to a person	3085
if all of the following circumstances apply:	3086

(a) The person discharges a firearm from a motor vehicle at a	3087
coyote or groundhog, the discharge is not during the deer gun	3088
hunting season as set by the chief of the division of wildlife of	3089
the department of natural resources, and the discharge at the	3090
coyote or groundhog, but for the operation of this section, is	3091
lawful.	3092

(b) The motor vehicle from which the person discharges the	3093
firearm is on real property that is located in an unincorporated	3094
area of a township and that either is zoned for agriculture or is	3095
used for agriculture.	3096

(c) The person owns the real property described in division	3097
(F)(2)(b) of this section, is the spouse or a child of another	3098
person who owns that real property, is a tenant of another person	3099
who owns that real property, or is the spouse or a child of a	3100
tenant of another person who owns that real property.	3101

(d) The person does not discharge the firearm in any of the	3102
following manners:	3103

(i) While under the influence of alcohol, a drug of abuse, or	3104
alcohol and a drug of abuse;	3105

(ii) In the direction of a street, highway, or other public	3106
or private property used by the public for vehicular traffic or	3107
parking;	3108

(iii) At or into an occupied structure that is a permanent or	3109
temporary habitation;	3110

(iv) In the commission of any violation of law, including,	3111
but not limited to, a felony that includes, as an essential	3112
element, purposely or knowingly causing or attempting to cause the	3113
death of or physical harm to another and that was committed by	3114
discharging a firearm from a motor vehicle.	3115

(3) Division (A) of this section does not apply to a person	3116
if all of the following apply:	3117

(a) The person possesses a valid electric-powered all-purpose	3118
vehicle permit issued under section 1533.103 of the Revised Code	3119
by the chief of the division of wildlife.	3120

(b) The person discharges a firearm at a wild quadruped or	3121
game bird as defined in section 1531.01 of the Revised Code during	3122
the open hunting season for the applicable wild quadruped or game	3123
bird.	3124

(c) The person discharges a firearm from a stationary	3125
electric-powered all-purpose vehicle as defined in section 1531.01	3126
of the Revised Code or a motor vehicle that is parked on a road	3127
that is owned or administered by the division of wildlife,	3128
provided that the road is identified by an electric-powered	3129
all-purpose vehicle sign.	3130

(d) The person does not discharge the firearm in any of the	3131
following manners:	3132

(i) While under the influence of alcohol, a drug of abuse, or	3133
alcohol and a drug of abuse;	3134

(ii) In the direction of a street, a highway, or other public	3135
or private property that is used by the public for vehicular	3136
traffic or parking;	3137

(iii) At or into an occupied structure that is a permanent or	3138
temporary habitation;	3139

(iv) In the commission of any violation of law, including,	3140
but not limited to, a felony that includes, as an essential	3141
element, purposely or knowingly causing or attempting to cause the	3142
death of or physical harm to another and that was committed by	3143
discharging a firearm from a motor vehicle.	3144

(4) Divisions (B) and (C) of this section do not apply to a	3145
person if all of the following circumstances apply:	3146

(a) At the time of the alleged violation of either of those	3147
divisions, the person is the operator of or a passenger in a motor	3148
vehicle.	3149

(b) The motor vehicle is on real property that is located in	3150
an unincorporated area of a township and that either is zoned for	3151
agriculture or is used for agriculture.	3152

(c) The person owns the real property described in division	3153
(D)(4)(b) of this section, is the spouse or a child of another	3154
person who owns that real property, is a tenant of another person	3155
who owns that real property, or is the spouse or a child of a	3156
tenant of another person who owns that real property.	3157

(d) The person, prior to arriving at the real property	3158
described in division (D)(4)(b) of this section, did not transport	3159
or possess a firearm in the motor vehicle in a manner prohibited	3160
by division (B) or (C) of this section while the motor vehicle was	3161
being operated on a street, highway, or other public or private	3162
property used by the public for vehicular traffic or parking.	3163

(5) Divisions (B) and (C) of this section do not apply to a	3164
person who transports or possesses a handgun in a motor vehicle	3165
if, at the time of that transportation or possession, both of the	3166
following apply:	3167

(a) The person transporting or possessing the handgun is	3168
carrying a valid license or temporary emergency license to carry a	3169
concealed handgun issued to the person under section 2923.125 or	3170
2923.1213 of the Revised Code or a license to carry a concealed	3171
handgun that was issued by another state with which the attorney	3172
general has entered into a reciprocity agreement under section	3173
109.69 of the Revised Codelicense.	3174

(b) The person transporting or possessing the handgun is not	3175
knowingly in a place described in division (B) of section 2923.126	3176
of the Revised Code.	3177

(6) Divisions (B) and (C) of this section do not apply to a	3178
person if all of the following apply:	3179

(a) The person possesses a valid electric-powered all-purpose	3180
vehicle permit issued under section 1533.103 of the Revised Code	3181
by the chief of the division of wildlife.	3182

(b) The person is on or in an electric-powered all-purpose	3183
vehicle as defined in section 1531.01 of the Revised Code or a	3184
motor vehicle during the open hunting season for a wild quadruped	3185
or game bird.	3186

(c) The person is on or in an electric-powered all-purpose	3187
vehicle as defined in section 1531.01 of the Revised Code or a	3188
motor vehicle that is parked on a road that is owned or	3189
administered by the division of wildlife, provided that the road	3190
is identified by an electric-powered all-purpose vehicle sign.	3191

(G)(1) The affirmative defenses authorized in divisions	3192
(D)(1) and (2) of section 2923.12 of the Revised Code are	3193
affirmative defenses to a charge under division (B) or (C) of this	3194
section that involves a firearm other than a handgun.	3195

(2) It is an affirmative defense to a charge under division	3196
(B) or (C) of this section of improperly handling firearms in a	3197
motor vehicle that the actor transported or had the firearm in the	3198
motor vehicle for any lawful purpose and while the motor vehicle	3199
was on the actor's own property, provided that this affirmative	3200
defense is not available unless the person, immediately prior to	3201
arriving at the actor's own property, did not transport or possess	3202
the firearm in a motor vehicle in a manner prohibited by division	3203
(B) or (C) of this section while the motor vehicle was being	3204
operated on a street, highway, or other public or private property	3205
used by the public for vehicular traffic.	3206

(H)(1) No person who is charged with a violation of division	3207
(B), (C), or (D) of this section shall be required to obtain a	3208
license or temporary emergency license to carry a concealed	3209
handgun under section 2923.125 or 2923.1213 of the Revised Code	3210
license as a condition for the dismissal of the charge.	3211

(2)(a) If a person is convicted of, was convicted of, pleads	3212
guilty to, or has pleaded guilty to a violation of division (E) of	3213
this section as it existed prior to the effective date of this	3214
amendmentSeptember 30, 2011, and if the conduct that was the	3215
basis of the violation no longer would be a violation of division	3216
(E) of this section on or after the effective date of this	3217
amendmentSeptember 30, 2011, the person may file an application	3218
under section 2953.37 of the Revised Code requesting the	3219
expungement of the record of conviction.	3220

If a person is convicted of, was convicted of, pleads guilty	3221
to, or has pleaded guilty to a violation of division (B) or (C) of	3222
this section as the division existed prior to the effective date	3223
of this amendmentSeptember 30, 2011, and if the conduct that was	3224
the basis of the violation no longer would be a violation of	3225
division (B) or (C) of this section on or after the effective date	3226
of this amendmentSeptember 30, 2011, due to the application of	3227
division (F)(5) of this section as it exists on and after the	3228
effective date of this amendmentSeptember 30, 2011, the person	3229
may file an application under section 2953.37 of the Revised Code	3230
requesting the expungement of the record of conviction.	3231

(b) The attorney general shall develop a public media	3232
advisory that summarizes the expungement procedure established	3233
under section 2953.37 of the Revised Code and the offenders	3234
identified in division (H)(2)(a) of this section who are	3235
authorized to apply for the expungement. Within thirty days after	3236
the effective date of this amendmentSeptember 30, 2011, the	3237
attorney general shall provide a copy of the advisory to each	3238
daily newspaper published in this state and each television	3239
station that broadcasts in this state. The attorney general may	3240
provide the advisory in a tangible form, an electronic form, or in	3241
both tangible and electronic forms.	3242

(I) Whoever violates this section is guilty of improperly	3243
handling firearms in a motor vehicle. Violation of division (A) of	3244
this section is a felony of the fourth degree. Violation of	3245
division (C) of this section is a misdemeanor of the fourth	3246
degree. A violation of division (D) of this section is a felony of	3247
the fifth degree or, if the loaded handgun is concealed on the	3248
person's person, a felony of the fourth degree. Except as	3249
otherwise provided in this division, a violation of division	3250
(E)(1) or (2) of this section is a misdemeanor of the first	3251
degree, and, in addition to any other penalty or sanction imposed	3252
for the violation, the offender's license or temporary emergency	3253
license to carry a concealed handgun license shall be suspended	3254
pursuant to division (A)(2) of section 2923.128 of the Revised	3255
Code. If at the time of the stop of the offender for a traffic	3256
stop, for another law enforcement purpose, or for a purpose	3257
defined in section 5503.34 of the Revised Code that was the basis	3258
of the violation any law enforcement officer involved with the	3259
stop or the employee of the motor carrier enforcement unit who	3260
made the stop had actual knowledge of the offender's status as a	3261
licensee, a violation of division (E)(1) or (2) of this section is	3262
a minor misdemeanor, and the offender's license or temporary	3263
emergency license to carry a concealed handgun license shall not	3264
be suspended pursuant to division (A)(2) of section 2923.128 of	3265
the Revised Code. A violation of division (E)(4) of this section	3266
is a felony of the fifth degree. A violation of division (E)(3) or	3267
(5) of this section is a misdemeanor of the first degree or, if	3268
the offender previously has been convicted of or pleaded guilty to	3269
a violation of division (E)(3) or (5) of this section, a felony of	3270
the fifth degree. In addition to any other penalty or sanction	3271
imposed for a misdemeanor violation of division (E)(3) or (5) of	3272
this section, the offender's license or temporary emergency	3273
license to carry a concealed handgun license shall be suspended	3274
pursuant to division (A)(2) of section 2923.128 of the Revised	3275
Code. A violation of division (B) of this section is a felony of	3276
the fourth degree.	3277

(J) If a law enforcement officer stops a motor vehicle for a	3278
traffic stop or any other purpose, if any person in the motor	3279
vehicle surrenders a firearm to the officer, either voluntarily or	3280
pursuant to a request or demand of the officer, and if the officer	3281
does not charge the person with a violation of this section or	3282
arrest the person for any offense, the person is not otherwise	3283
prohibited by law from possessing the firearm, and the firearm is	3284
not contraband, the officer shall return the firearm to the person	3285
at the termination of the stop. If a court orders a law	3286
enforcement officer to return a firearm to a person pursuant to	3287
the requirement set forth in this division, division (B) of	3288
section 2923.163 of the Revised Code applies.	3289

(K) As used in this section:

3290

(1) "Motor vehicle," "street," and "highway" have the same	3291
meanings as in section 4511.01 of the Revised Code.	3292

(2) "Occupied structure" has the same meaning as in section	3293
2909.01 of the Revised Code.	3294

(3) "Agriculture" has the same meaning as in section 519.01	3295
of the Revised Code.	3296

(4) "Tenant" has the same meaning as in section 1531.01 of	3297
the Revised Code.	3298

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

3299

(a) No ammunition is in the firearm in question, and no	3300
ammunition is loaded into a magazine or speed loader that may be	3301
used withis inserted into the firearm in question and that is	3302
located anywhere within the vehicle in question, without regard to	3303
where ammunitionthe loaded magazine or speed loader otherwise is	3304
located within the vehicle in question. For the purposes of	3305
division (K)(5)(a) of this section, ammunition held in	3306
stripper-clips or in en-bloc clips is not considered ammunition	3307
that is loaded into a magazine or speed loader.	3308

(b) With respect to a firearm employing a percussion cap,	3309
flintlock, or other obsolete ignition system, when the weapon is	3310
uncapped or when the priming charge is removed from the pan.	3311

(6) "Commercial motor vehicle" has the same meaning as in	3312
division (A) of section 4506.25 of the Revised Code.	3313

(7) "Motor carrier enforcement unit" means the motor carrier	3314
enforcement unit in the department of public safety, division of	3315
state highway patrol, that is created by section 5503.34 of the	3316
Revised Code.	3317

Sec. 2953.37.  (A) As used in this section:

3318

(1) "Expunge" means to destroy, delete, and erase a record as	3319
appropriate for the record's physical or electronic form or	3320
characteristic so that the record is permanently irretrievable.	3321

(2) "Official records" has the same meaning as in section	3322
2953.51 of the Revised Code.	3323

(3) "Prosecutor" has the same meaning as in section 2953.31	3324
of the Revised Code.	3325

(4) "Record of conviction" means the record related to a	3326
conviction of or plea of guilty to an offense.	3327

(B) Any person who is convicted of, was convicted of, pleads	3328
guilty to, or has pleaded guilty to a violation of division (B),	3329
(C), or (E) of section 2923.16 of the Revised Code as the division	3330
existed prior to the effective date of this sectionSeptember 30,	3331
2011, and who is authorized by division (H)(2)(a) of that section	3332
to file an application under this section for the expungement of	3333
the conviction record may apply to the sentencing court for the	3334
expungement of the record of conviction. The person may file the	3335
application at any time on or after the effective date of this	3336
sectionSeptember 30, 2011. The application shall do all of the	3337
following:	3338

(1) Identify the applicant, the offense for which the	3339
expungement is sought, the date of the conviction of or plea of	3340
guilty to that offense, and the court in which the conviction	3341
occurred or the plea of guilty was entered;	3342

(2) Include evidence that the offense was a violation of	3343
division (B), (C), or (E) of section 2923.16 of the Revised Code	3344
as the division existed prior to the effective date of this	3345
sectionSeptember 30, 2011, and that the applicant is authorized	3346
by division (H)(2)(a) of that section to file an application under	3347
this section;	3348

(3) Include a request for expungement of the record of	3349
conviction of that offense under this section.	3350

(C) Upon the filing of an application under division (B) of	3351
this section and the payment of the fee described in division	3352
(D)(3) of this section if applicable, the court shall set a date	3353
for a hearing and shall notify the prosecutor for the case of the	3354
hearing on the application. The prosecutor may object to the	3355
granting of the application by filing an objection with the court	3356
prior to the date set for the hearing. The prosecutor shall	3357
specify in the objection the reasons for believing a denial of the	3358
application is justified. The court shall direct its regular	3359
probation officer, a state probation officer, or the department of	3360
probation of the county in which the applicant resides to make	3361
inquiries and written reports as the court requires concerning the	3362
applicant. The court shall hold the hearing scheduled under this	3363
division.	3364

(D)(1) At the hearing held under division (C) of this	3365
section, the court shall do each of the following:	3366

(a) Determine whether the applicant has been convicted of or	3367
pleaded guilty to a violation of division (E) of section 2923.16	3368
of the Revised Code as the division existed prior to the effective	3369
date of this sectionSeptember 30, 2011, and whether the conduct	3370
that was the basis of the violation no longer would be a violation	3371
of that division on or after the effective date of this section	3372
September 30, 2011;	3373

(b) Determine whether the applicant has been convicted of or	3374
pleaded guilty to a violation of division (B) or (C) of section	3375
2923.16 of the Revised Code as the division existed prior to the	3376
effective date of this sectionSeptember 30, 2011, and whether the	3377
conduct that was the basis of the violation no longer would be a	3378
violation of that division on or after the effective date of this	3379
sectionSeptember 30, 2011, due to the application of division	3380
(F)(5) of that section as it exists on and after the effective	3381
date of this sectionSeptember 30, 2011;	3382

(c) If the prosecutor has filed an objection in accordance	3383
with division (C) of this section, consider the reasons against	3384
granting the application specified by the prosecutor in the	3385
objection;	3386

(d) Weigh the interests of the applicant in having the	3387
records pertaining to the applicant's conviction or guilty plea	3388
expunged against the legitimate needs, if any, of the government	3389
to maintain those records.	3390

(2)(a) The court may order the expungement of all official	3391
records pertaining to the case and the deletion of all index	3392
references to the case and, if it does order the expungement,	3393
shall send notice of the order to each public office or agency	3394
that the court has reason to believe may have an official record	3395
pertaining to the case if the court, after complying with division	3396
(D)(1) of this section, determines both of the following:	3397

(i) That the applicant has been convicted of or pleaded	3398
guilty to a violation of division (E) of section 2923.16 of the	3399
Revised Code as it existed prior to the effective date of this	3400
sectionSeptember 30, 2011, and the conduct that was the basis of	3401
the violation no longer would be a violation of that division on	3402
or after the effective date of this sectionSeptember 30, 2011, or	3403
that the applicant has been convicted of or pleaded guilty to a	3404
violation of division (B) or (C) of section 2923.16 of the Revised	3405
Code as the division existed prior to the effective date of this	3406
sectionSeptember 30, 2011, and the conduct that was the basis of	3407
the violation no longer would be a violation of that division on	3408
or after the effective date of this sectionSeptember 30, 2011,	3409
due to the application of division (F)(5) of that section as it	3410
exists on and after the effective date of this sectionSeptember	3411
30, 2011;	3412

(ii) That the interests of the applicant in having the	3413
records pertaining to the applicant's conviction or guilty plea	3414
expunged are not outweighed by any legitimate needs of the	3415
government to maintain those records.	3416

(b) The proceedings in the case that is the subject of an	3417
order issued under division (D)(2)(a) of this section shall be	3418
considered not to have occurred and the conviction or guilty plea	3419
of the person who is the subject of the proceedings shall be	3420
expunged. The record of the conviction shall not be used for any	3421
purpose, including, but not limited to, a criminal records check	3422
under section 109.572 of the Revised Code or a determination under	3423
section 2923.125 or 2923.1212 of the Revised Code of eligibility	3424
for a license or temporary emergency license to carry a concealed	3425
handgun license. The applicant may, and the court shall, reply	3426
that no record exists with respect to the applicant upon any	3427
inquiry into the matter.	3428

(3) Upon the filing of an application under this section, the	3429
applicant, unless indigent, shall pay a fee of fifty dollars. The	3430
court shall pay thirty dollars of the fee into the state treasury	3431
and shall pay twenty dollars of the fee into the county general	3432
revenue fund.	3433

Section 2.  That existing sections 109.69, 109.731, 311.41,	3434
311.42, 1547.69, 2921.13, 2923.11, 2923.12, 2923.121, 2923.122,	3435
2923.123, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128,	3436
2923.129, 2923.1210, 2923.1211, 2923.1213, 2923.16, and 2953.37 of	3437
the Revised Code are hereby repealed.	3438