As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. 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, Uecker, Young, Adams, J., Bubp, Stautberg, Ruhl, DeVitis, Dovilla, Amstutz, Beck, Blair, Hagan, C., Henne, Hottinger, Huffman, Kozlowski, Landis, Lynch, Martin, Newbold, Pelanda, Roegner, Rosenberger, Scherer, Smith, Sprague, Stebelton, Terhar Speaker Batchelder 

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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. Additionally, the sheriff, with the	321
approval of the board of county commissioners, may expend any	322
county portion of the fees deposited into the sheriff's concealed	323
handgun license issuance expense fund for costs of ammunition used	324
in a course, class, or program administered by the sheriff for a	325
concealed handgun license.	326

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

327

(1) "Firearm," and"concealed handgun license," "handgun,"	328
and "valid concealed handgun license" have the same meanings as in	329
section 2923.11 of the Revised Code.	330

(2) "Unloaded" has the same meaning as in section 2923.16 of	331
the Revised Code.	332

(B) No person shall knowingly discharge a firearm while in or	333
on a vessel.	334

(C) No person shall knowingly transport or have a loaded	335
firearm in a vessel in a manner that the firearm is accessible to	336
the operator or any passenger.	337

(D) No person shall knowingly transport or have a firearm in	338
a vessel unless it is unloaded and is carried in one of the	339
following ways:	340

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

341

(2) In plain sight with the action opened or the weapon	342
stripped, or, if the firearm is of a type on which the action will	343
not stay open or that cannot easily be stripped, in plain sight.	344

(E)(1) The affirmative defenses authorized in divisions	345
(D)(1) and (2) of section 2923.12 of the Revised Code are	346
affirmative defenses to a charge under division (C) or (D) of this	347
section that involves a firearm other than a handgun. It is an	348
affirmative defense to a charge under division (C) or (D) of this	349
section of transporting or having a firearm of any type, including	350
a handgun, in a vessel that the actor transported or had the	351
firearm in the vessel for any lawful purpose and while the vessel	352
was on the actor's own property, provided that this affirmative	353
defense is not available unless the actor, prior to arriving at	354
the vessel on the actor's own property, did not transport or	355
possess the firearm in the vessel or in a motor vehicle in a	356
manner prohibited by this section or division (B) or (C) of	357
section 2923.16 of the Revised Code while the vessel was being	358
operated on a waterway that was not on the actor's own property or	359
while the motor vehicle was being operated on a street, highway,	360
or other public or private property used by the public for	361
vehicular traffic.	362

(2) No person who is charged with a violation of division (C)	363
or (D) of this section shall be required to obtain a license or	364
temporary emergency license to carry a concealed handgun under	365
section 2923.125 or 2923.1213 of the Revised Code as a condition	366
for the dismissal of the charge.	367

(F) Divisions (B), (C), and (D) of this section do not apply	368
to the possession or discharge of a United States coast guard	369
approved signaling device required to be carried aboard a vessel	370
under section 1547.251 of the Revised Code when the signaling	371
device is possessed or used for the purpose of giving a visual	372
distress signal. No person shall knowingly transport or possess	373
any signaling device of that nature in or on a vessel in a loaded	374
condition at any time other than immediately prior to the	375
discharge of the signaling device for the purpose of giving a	376
visual distress signal.	377

(G) No person shall operate or permit to be operated any	378
vessel on the waters in this state in violation of this section.	379

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

380

(a) An officer, agent, or employee of this or any other state	381
or of the United States, or to a law enforcement officer, when	382
authorized to carry or have loaded or accessible firearms in a	383
vessel and acting within the scope of the officer's, agent's, or	384
employee's duties;	385

(b) Any person who is employed in this state, who is	386
authorized to carry or have loaded or accessible firearms in a	387
vessel, and who is subject to and in compliance with the	388
requirements of section 109.801 of the Revised Code, unless the	389
appointing authority of the person has expressly specified that	390
the exemption provided in division (H)(1)(b) of this section does	391
not apply to the person;	392

(c) Any person legally engaged in hunting.

393

(2) Divisions (C) and (D) of this section do not apply to a	394
person who transports or possesses a handgun in a vessel and who,	395
at the time of that transportation or possession, is carrying a	396
valid license or temporary emergency license to carry a concealed	397
handgun issued to the person under section 2923.125 or 2923.1213	398
of the Revised Code or a license to carry a concealed handgun that	399
was issued by another state with which the attorney general has	400
entered into a reciprocity agreement under section 109.69 of the	401
Revised Codelicense, unless the person knowingly is in a place on	402
the vessel described in division (B) of section 2923.126 of the	403
Revised Code.	404

(I) If a law enforcement officer stops a vessel for a	405
violation of this section or any other law enforcement purpose, if	406
any person on the vessel surrenders a firearm to the officer,	407
either voluntarily or pursuant to a request or demand of the	408
officer, and if the officer does not charge the person with a	409
violation of this section or arrest the person for any offense,	410
the person is not otherwise prohibited by law from possessing the	411
firearm, and the firearm is not contraband, the officer shall	412
return the firearm to the person at the termination of the stop.	413

Sec. 2921.13.  (A) No person shall knowingly make a false	414
statement, or knowingly swear or affirm the truth of a false	415
statement previously made, when any of the following applies:	416

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

417

(2) The statement is made with purpose to incriminate	418
another.	419

(3) The statement is made with purpose to mislead a public	420
official in performing the public official's official function.	421

(4) The statement is made with purpose to secure the payment	422
of unemployment compensation; Ohio works first; prevention,	423
retention, and contingency benefits and services; disability	424
financial assistance; retirement benefits; economic development	425
assistance, as defined in section 9.66 of the Revised Code; or	426
other benefits administered by a governmental agency or paid out	427
of a public treasury.	428

(5) The statement is made with purpose to secure the issuance	429
by a governmental agency of a license, permit, authorization,	430
certificate, registration, release, or provider agreement.	431

(6) The statement is sworn or affirmed before a notary public	432
or another person empowered to administer oaths.	433

(7) The statement is in writing on or in connection with a	434
report or return that is required or authorized by law.	435

(8) The statement is in writing and is made with purpose to	436
induce another to extend credit to or employ the offender, to	437
confer any degree, diploma, certificate of attainment, award of	438
excellence, or honor on the offender, or to extend to or bestow	439
upon the offender any other valuable benefit or distinction, when	440
the person to whom the statement is directed relies upon it to	441
that person's detriment.	442

(9) The statement is made with purpose to commit or	443
facilitate the commission of a theft offense.	444

(10) The statement is knowingly made to a probate court in	445
connection with any action, proceeding, or other matter within its	446
jurisdiction, either orally or in a written document, including,	447
but not limited to, an application, petition, complaint, or other	448
pleading, or an inventory, account, or report.	449

(11) The statement is made on an account, form, record,	450
stamp, label, or other writing that is required by law.	451

(12) The statement is made in connection with the purchase of	452
a firearm, as defined in section 2923.11 of the Revised Code, and	453
in conjunction with the furnishing to the seller of the firearm of	454
a fictitious or altered driver's or commercial driver's license or	455
permit, a fictitious or altered identification card, or any other	456
document that contains false information about the purchaser's	457
identity.	458

(13) The statement is made in a document or instrument of	459
writing that purports to be a judgment, lien, or claim of	460
indebtedness and is filed or recorded with the secretary of state,	461
a county recorder, or the clerk of a court of record.	462

(14) The statement is made in an application filed with a	463
county sheriff pursuant to section 2923.125 of the Revised Code in	464
order to obtain or renew a license to carry a concealed handgun	465
license or is made in an affidavit submitted to a county sheriff	466
to obtain a temporary emergency license to carry a concealed	467
handgun license on a temporary emergency basis under section	468
2923.1213 of the Revised Code.	469

(15) The statement is required under section 5743.71 of the	470
Revised Code in connection with the person's purchase of	471
cigarettes or tobacco products in a delivery sale.	472

(B) No person, in connection with the purchase of a firearm,	473
as defined in section 2923.11 of the Revised Code, shall knowingly	474
furnish to the seller of the firearm a fictitious or altered	475
driver's or commercial driver's license or permit, a fictitious or	476
altered identification card, or any other document that contains	477
false information about the purchaser's identity.	478

(C) No person, in an attempt to obtain a license to carry a	479
concealed handgun license under section 2923.125 of the Revised	480
Code, shall knowingly present to a sheriff a fictitious or altered	481
document that purports to be certification of the person's	482
competence in handling a handgun as described in division (B)(3)	483
of that section 2923.125 of the Revised Code.	484

(D) It is no defense to a charge under division (A)(6) of	485
this section that the oath or affirmation was administered or	486
taken in an irregular manner.	487

(E) If contradictory statements relating to the same fact are	488
made by the offender within the period of the statute of	489
limitations for falsification, it is not necessary for the	490
prosecution to prove which statement was false but only that one	491
or the other was false.	492

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	493
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	494
of falsification, a misdemeanor of the first degree.	495

(2) Whoever violates division (A)(9) of this section is	496
guilty of falsification in a theft offense. Except as otherwise	497
provided in this division, falsification in a theft offense is a	498
misdemeanor of the first degree. If the value of the property or	499
services stolen is one thousand dollars or more and is less than	500
seven thousand five hundred dollars, falsification in a theft	501
offense is a felony of the fifth degree. If the value of the	502
property or services stolen is seven thousand five hundred dollars	503
or more and is less than one hundred fifty thousand dollars,	504
falsification in a theft offense is a felony of the fourth degree.	505
If the value of the property or services stolen is one hundred	506
fifty thousand dollars or more, falsification in a theft offense	507
is a felony of the third degree.	508

(3) Whoever violates division (A)(12) or (B) of this section	509
is guilty of falsification to purchase a firearm, a felony of the	510
fifth degree.	511

(4) Whoever violates division (A)(14) or (C) of this section	512
is guilty of falsification to obtain a concealed handgun license,	513
a felony of the fourth degree.	514

(G) A person who violates this section is liable in a civil	515
action to any person harmed by the violation for injury, death, or	516
loss to person or property incurred as a result of the commission	517
of the offense and for reasonable attorney's fees, court costs,	518
and other expenses incurred as a result of prosecuting the civil	519
action commenced under this division. A civil action under this	520
division is not the exclusive remedy of a person who incurs	521
injury, death, or loss to person or property as a result of a	522
violation of this section.	523

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	524
Revised Code:	525

(A) "Deadly weapon" means any instrument, device, or thing	526
capable of inflicting death, and designed or specially adapted for	527
use as a weapon, or possessed, carried, or used as a weapon.	528

(B)(1) "Firearm" means any deadly weapon capable of expelling	529
or propelling one or more projectiles by the action of an	530
explosive or combustible propellant. "Firearm" includes an	531
unloaded firearm, and any firearm that is inoperable but that can	532
readily be rendered operable.	533

(2) When determining whether a firearm is capable of	534
expelling or propelling one or more projectiles by the action of	535
an explosive or combustible propellant, the trier of fact may rely	536
upon circumstantial evidence, including, but not limited to, the	537
representations and actions of the individual exercising control	538
over the firearm.	539

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

540

(1) Any firearm that has a short stock and is designed to be	541
held and fired by the use of a single hand;	542

(2) Any combination of parts from which a firearm of a type	543
described in division (C)(1) of this section can be assembled.	544

(D) "Semi-automatic firearm" means any firearm designed or	545
specially adapted to fire a single cartridge and automatically	546
chamber a succeeding cartridge ready to fire, with a single	547
function of the trigger.	548

(E) "Automatic firearm" means any firearm designed or	549
specially adapted to fire a succession of cartridges with a single	550
function of the trigger. "Automatic firearm" also means any	551
semi-automatic firearm designed or specially adapted to fire more	552
than thirty-one cartridges without reloading, other than a firearm	553
chambering only .22 caliber short, long, or long-rifle cartridges.	554

(F) "Sawed-off firearm" means a shotgun with a barrel less	555
than eighteen inches long, or a rifle with a barrel less than	556
sixteen inches long, or a shotgun or rifle less than twenty-six	557
inches long overall.	558

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

559

(1) Any firearm of crude and extemporized manufacture;

560

(2) Any device, including without limitation a starter's	561
pistol, that is not designed as a firearm, but that is specially	562
adapted for use as a firearm;	563

(3) Any industrial tool, signalling device, or safety device,	564
that is not designed as a firearm, but that as designed is capable	565
of use as such, when possessed, carried, or used as a firearm.	566

(H) "Explosive device" means any device designed or specially	567
adapted to cause physical harm to persons or property by means of	568
an explosion, and consisting of an explosive substance or agency	569
and a means to detonate it. "Explosive device" includes without	570
limitation any bomb, any explosive demolition device, any blasting	571
cap or detonator containing an explosive charge, and any pressure	572
vessel that has been knowingly tampered with or arranged so as to	573
explode.	574

(I) "Incendiary device" means any firebomb, and any device	575
designed or specially adapted to cause physical harm to persons or	576
property by means of fire, and consisting of an incendiary	577
substance or agency and a means to ignite it.	578

(J) "Ballistic knife" means a knife with a detachable blade	579
that is propelled by a spring-operated mechanism.	580

(K) "Dangerous ordnance" means any of the following, except	581
as provided in division (L) of this section:	582

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	583
knife;	584

(2) Any explosive device or incendiary device;

585

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	586
cyclonite, TNT, picric acid, and other high explosives; amatol,	587
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	588
explosive compositions; plastic explosives; dynamite, blasting	589
gelatin, gelatin dynamite, sensitized ammonium nitrate,	590
liquid-oxygen blasting explosives, blasting powder, and other	591
blasting agents; and any other explosive substance having	592
sufficient brisance or power to be particularly suitable for use	593
as a military explosive, or for use in mining, quarrying,	594
excavating, or demolitions;	595

(4) Any firearm, rocket launcher, mortar, artillery piece,	596
grenade, mine, bomb, torpedo, or similar weapon, designed and	597
manufactured for military purposes, and the ammunition for that	598
weapon;	599

(5) Any firearm muffler or silencer;

600

(6) Any combination of parts that is intended by the owner	601
for use in converting any firearm or other device into a dangerous	602
ordnance.	603

(L) "Dangerous ordnance" does not include any of the	604
following:	605

(1) Any firearm, including a military weapon and the	606
ammunition for that weapon, and regardless of its actual age, that	607
employs a percussion cap or other obsolete ignition system, or	608
that is designed and safe for use only with black powder;	609

(2) Any pistol, rifle, or shotgun, designed or suitable for	610
sporting purposes, including a military weapon as issued or as	611
modified, and the ammunition for that weapon, unless the firearm	612
is an automatic or sawed-off firearm;	613

(3) Any cannon or other artillery piece that, regardless of	614
its actual age, is of a type in accepted use prior to 1887, has no	615
mechanical, hydraulic, pneumatic, or other system for absorbing	616
recoil and returning the tube into battery without displacing the	617
carriage, and is designed and safe for use only with black powder;	618

(4) Black powder, priming quills, and percussion caps	619
possessed and lawfully used to fire a cannon of a type defined in	620
division (L)(3) of this section during displays, celebrations,	621
organized matches or shoots, and target practice, and smokeless	622
and black powder, primers, and percussion caps possessed and	623
lawfully used as a propellant or ignition device in small-arms or	624
small-arms ammunition;	625

(5) Dangerous ordnance that is inoperable or inert and cannot	626
readily be rendered operable or activated, and that is kept as a	627
trophy, souvenir, curio, or museum piece.	628

(6) Any device that is expressly excepted from the definition	629
of a destructive device pursuant to the "Gun Control Act of 1968,"	630
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	631
issued under that act.	632

(M) "Explosive" means any chemical compound, mixture, or	633
device, the primary or common purpose of which is to function by	634
explosion. "Explosive" includes all materials that have been	635
classified as division 1.1, division 1.2, division 1.3, or	636
division 1.4 explosives by the United States department of	637
transportation in its regulations and includes, but is not limited	638
to, dynamite, black powder, pellet powders, initiating explosives,	639
blasting caps, electric blasting caps, safety fuses, fuse	640
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	641
igniter cords and igniters. "Explosive" does not include	642
"fireworks," as defined in section 3743.01 of the Revised Code, or	643
any substance or material otherwise meeting the definition of	644
explosive set forth in this section that is manufactured, sold,	645
possessed, transported, stored, or used in any activity described	646
in section 3743.80 of the Revised Code, provided the activity is	647
conducted in accordance with all applicable laws, rules, and	648
regulations, including, but not limited to, the provisions of	649
section 3743.80 of the Revised Code and the rules of the fire	650
marshal adopted pursuant to section 3737.82 of the Revised Code.	651

(N)(1) "Concealed handgun license" or "license to carry a	652
concealed handgun" means, subject to division (N)(2) of this	653
section, a license or temporary emergency license to carry a	654
concealed handgun issued under section 2923.125 or 2923.1213 of	655
the Revised Code or a license to carry a concealed handgun issued	656
by another state with which the attorney general has entered into	657
a reciprocity agreement or automatic recognition finding under	658
section 109.69 of the Revised Code.	659

(2) A reference in any provision of the Revised Code to a	660
"concealed handgun license issued under section 2923.125 of the	661
Revised Code" or a "license to carry a concealed handgun issued	662
under section 2923.125 of the Revised Code" means only a license	663
of the type that is specified in that section. A reference in any	664
provision of the Revised Code to a "concealed handgun license	665
issued under section 2923.1213 of the Revised Code," a "license to	666
carry a concealed handgun issued under section 2923.1213 of the	667
Revised Code," or a "license to carry a concealed handgun on a	668
temporary emergency basis" means only a license of the type that	669
is specified in section 2923.1213 of the Revised Code. A reference	670
in any provision of the Revised Code to a "concealed handgun	671
license issued by another state" or a "license to carry a	672
concealed handgun issued by another state" means only a license	673
issued by another state with which the attorney general has	674
entered into a reciprocity agreement or automatic recognition	675
finding under section 109.69 of the Revised Code.	676

(O) "Valid concealed handgun license" or "valid license to	677
carry a concealed handgun" means a concealed handgun license that	678
is currently valid, that is not under a suspension under division	679
(A)(1) of section 2923.128 of the Revised Code, under section	680
2923.123 of the Revised Code, or under a suspension provision of	681
the state other than this state in which the license was issued,	682
and that has not been revoked under division (B)(1) of section	683
2923.128 of the Revised Code, under section 2923.1213 of the	684
Revised Code, or under a revocation provision of the state other	685
than this state in which the license was issued.	686

Sec. 2923.12.  (A) No person shall knowingly carry or have,	687
concealed on the person's person or concealed ready at hand, any	688
of the following:	689

(1) A deadly weapon other than a handgun;

690

(2) A handgun other than a dangerous ordnance;

691

(3) A dangerous ordnance.

692

(B) No person who has been issued a license or temporary	693
emergency license to carry a concealed handgun under section	694
2923.125 or 2923.1213 of the Revised Code or a license to carry a	695
concealed handgun that was issued by another state with which the	696
attorney general has entered into a reciprocity agreement under	697
section 109.69 of the Revised Codelicense shall do any of the	698
following:	699

(1) If the person is stopped for a law enforcement purpose	700
and is carrying a concealed handgun, fail to promptly inform any	701
law enforcement officer who approaches the person after the person	702
has been stopped that the person has been issued a license or	703
temporary emergency license to carry a concealed handgun license	704
and that the person then is carrying a concealed handgun;	705

(2) If the person is stopped for a law enforcement purpose	706
and if the person is carrying a concealed handgun, knowingly fail	707
to keep the person's hands in plain sight at any time after any	708
law enforcement officer begins approaching the person while	709
stopped and before the law enforcement officer leaves, unless the	710
failure is pursuant to and in accordance with directions given by	711
a law enforcement officer;	712

(3) If the person is stopped for a law enforcement purpose,	713
if the person is carrying a concealed handgun, and if the person	714
is approached by any law enforcement officer while stopped,	715
knowingly remove or attempt to remove the loaded handgun from the	716
holster, pocket, or other place in which the person is carrying	717
it, knowingly grasp or hold the loaded handgun, or knowingly have	718
contact with the loaded handgun by touching it with the person's	719
hands or fingers at any time after the law enforcement officer	720
begins approaching and before the law enforcement officer leaves,	721
unless the person removes, attempts to remove, grasps, holds, or	722
has contact with the loaded handgun pursuant to and in accordance	723
with directions given by the law enforcement officer;	724

(4) If the person is stopped for a law enforcement purpose	725
and if the person is carrying a concealed handgun, knowingly	726
disregard or fail to comply with any lawful order of any law	727
enforcement officer given while the person is stopped, including,	728
but not limited to, a specific order to the person to keep the	729
person's hands in plain sight.	730

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

731

(a) An officer, agent, or employee of this or any other state	732
or the United States, or to a law enforcement officer, who is	733
authorized to carry concealed weapons or dangerous ordnance or is	734
authorized to carry handguns and is acting within the scope of the	735
officer's, agent's, or employee's duties;	736

(b) Any person who is employed in this state, who is	737
authorized to carry concealed weapons or dangerous ordnance or is	738
authorized to carry handguns, and who is subject to and in	739
compliance with the requirements of section 109.801 of the Revised	740
Code, unless the appointing authority of the person has expressly	741
specified that the exemption provided in division (C)(1)(b) of	742
this section does not apply to the person;	743

(c) A person's transportation or storage of a firearm, other	744
than a firearm described in divisions (G) to (M) of section	745
2923.11 of the Revised Code, in a motor vehicle for any lawful	746
purpose if the firearm is not on the actor's person;	747

(d) A person's storage or possession of a firearm, other than	748
a firearm described in divisions (G) to (M) of section 2923.11 of	749
the Revised Code, in the actor's own home for any lawful purpose.	750

(2) Division (A)(2) of this section does not apply to any	751
person who, at the time of the alleged carrying or possession of a	752
handgun, is carrying a valid license or temporary emergency	753
license to carry a concealed handgun issued to the person under	754
section 2923.125 or 2923.1213 of the Revised Code or a license to	755
carry a concealed handgun that was issued by another state with	756
which the attorney general has entered into a reciprocity	757
agreement under section 109.69 of the Revised Codelicense, unless	758
the person knowingly is in a place described in division (B) of	759
section 2923.126 of the Revised Code.	760

(D) It is an affirmative defense to a charge under division	761
(A)(1) of this section of carrying or having control of a weapon	762
other than a handgun and other than a dangerous ordnance that the	763
actor was not otherwise prohibited by law from having the weapon	764
and that any of the following applies:	765

(1) The weapon was carried or kept ready at hand by the actor	766
for defensive purposes while the actor was engaged in or was going	767
to or from the actor's lawful business or occupation, which	768
business or occupation was of a character or was necessarily	769
carried on in a manner or at a time or place as to render the	770
actor particularly susceptible to criminal attack, such as would	771
justify a prudent person in going armed.	772

(2) The weapon was carried or kept ready at hand by the actor	773
for defensive purposes while the actor was engaged in a lawful	774
activity and had reasonable cause to fear a criminal attack upon	775
the actor, a member of the actor's family, or the actor's home,	776
such as would justify a prudent person in going armed.	777

(3) The weapon was carried or kept ready at hand by the actor	778
for any lawful purpose and while in the actor's own home.	779

(E) No person who is charged with a violation of this section	780
shall be required to obtain a license or temporary emergency	781
license to carry a concealed handgun under section 2923.125 or	782
2923.1213 of the Revised Codelicense as a condition for the	783
dismissal of the charge.	784

(F)(1) Whoever violates this section is guilty of carrying	785
concealed weapons. Except as otherwise provided in this division	786
or division (F)(2) of this section, carrying concealed weapons in	787
violation of division (A) of this section is a misdemeanor of the	788
first degree. Except as otherwise provided in this division or	789
division (F)(2) of this section, if the offender previously has	790
been convicted of a violation of this section or of any offense of	791
violence, if the weapon involved is a firearm that is either	792
loaded or for which the offender has ammunition ready at hand, or	793
if the weapon involved is dangerous ordnance, carrying concealed	794
weapons in violation of division (A) of this section is a felony	795
of the fourth degree. Except as otherwise provided in division	796
(F)(2) of this section, if the offense is committed aboard an	797
aircraft, or with purpose to carry a concealed weapon aboard an	798
aircraft, regardless of the weapon involved, carrying concealed	799
weapons in violation of division (A) of this section is a felony	800
of the third degree.	801

(2) If a person being arrested for a violation of division	802
(A)(2) of this section promptly produces a valid license or	803
temporary emergency license to carry a concealed handgun issued	804
under section 2923.125 or 2923.1213 of the Revised Code or a	805
license to carry a concealed handgun that was issued by another	806
state with which the attorney general has entered into a	807
reciprocity agreement under section 109.69 of the Revised Code	808
license, and if at the time of the violation the person was not	809
knowingly in a place described in division (B) of section 2923.126	810
of the Revised Code, the officer shall not arrest the person for a	811
violation of that division. If the person is not able to promptly	812
produce any of those types ofconcealed handgun license and if the	813
person is not in a place described in that section, the officer	814
may arrest the person for a violation of that division, and the	815
offender shall be punished as follows:	816

(a) The offender shall be guilty of a minor misdemeanor if	817
both of the following apply:	818

(i) Within ten days after the arrest, the offender presents a	819
license or temporary emergency license to carry a concealed	820
handgun issued under section 2923.125 or 2923.1213 of the Revised	821
Code or a license to carry a concealed handgun that was issued by	822
another state with which the attorney general has entered into a	823
reciprocity agreement under section 109.69 of the Revised Code	824
license, which license was valid at the time of the arrest to the	825
law enforcement agency that employs the arresting officer.	826

(ii) At the time of the arrest, the offender was not	827
knowingly in a place described in division (B) of section 2923.126	828
of the Revised Code.	829

(b) The offender shall be guilty of a misdemeanor and shall	830
be fined five hundred dollars if all of the following apply:	831

(i) The offender previously had been issued a license to	832
carry a concealed handgun under section 2923.125 of the Revised	833
Code or a license to carry a concealed handgun that was issued by	834
another state with which the attorney general has entered into a	835
reciprocity agreement under section 109.69 of the Revised Code and	836
that was similar in nature to a license issued under section	837
2923.125 of the Revised Code, and that license expired within the	838
two years immediately preceding the arrest.	839

(ii) Within forty-five days after the arrest, the offender	840
presents any type ofa concealed handgun license identified in	841
division (F)(2)(a)(i) of this section to the law enforcement	842
agency that employed the arresting officer, and the offender	843
waives in writing the offender's right to a speedy trial on the	844
charge of the violation that is provided in section 2945.71 of the	845
Revised Code.	846

(iii) At the time of the commission of the offense, the	847
offender was not knowingly in a place described in division (B) of	848
section 2923.126 of the Revised Code.	849

(c) If neither division (F)(2)(a) nor (b) of this section	850
applies, the offender shall be punished under division (F)(1) of	851
this section.	852

(3) Except as otherwise provided in this division, carrying	853
concealed weapons in violation of division (B)(1) of this section	854
is a misdemeanor of the first degree, and, in addition to any	855
other penalty or sanction imposed for a violation of division	856
(B)(1) of this section, the offender's license or temporary	857
emergency license to carry a concealed handgun license shall be	858
suspended pursuant to division (A)(2) of section 2923.128 of the	859
Revised Code. If, at the time of the stop of the offender for a	860
law enforcement purpose that was the basis of the violation, any	861
law enforcement officer involved with the stop had actual	862
knowledge that the offender has been issued a license or temporary	863
emergency license to carry a concealed handgun license, carrying	864
concealed weapons in violation of division (B)(1) of this section	865
is a minor misdemeanor, and the offender's license or temporary	866
emergency license to carry a concealed handgun license shall not	867
be suspended pursuant to division (A)(2) of section 2923.128 of	868
the Revised Code.	869

(4) Carrying concealed weapons in violation of division	870
(B)(2) or (4) of this section is a misdemeanor of the first degree	871
or, if the offender previously has been convicted of or pleaded	872
guilty to a violation of division (B)(2) or (4) of this section, a	873
felony of the fifth degree. In addition to any other penalty or	874
sanction imposed for a misdemeanor violation of division (B)(2) or	875
(4) of this section, the offender's license or temporary emergency	876
license to carry a concealed handgun license shall be suspended	877
pursuant to division (A)(2) of section 2923.128 of the Revised	878
Code.	879

(5) Carrying concealed weapons in violation of division	880
(B)(3) of this section is a felony of the fifth degree.	881

(G) If a law enforcement officer stops a person to question	882
the person regarding a possible violation of this section, for a	883
traffic stop, or for any other law enforcement purpose, if the	884
person surrenders a firearm to the officer, either voluntarily or	885
pursuant to a request or demand of the officer, and if the officer	886
does not charge the person with a violation of this section or	887
arrest the person for any offense, the person is not otherwise	888
prohibited by law from possessing the firearm, and the firearm is	889
not contraband, the officer shall return the firearm to the person	890
at the termination of the stop. If a court orders a law	891
enforcement officer to return a firearm to a person pursuant to	892
the requirement set forth in this division, division (B) of	893
section 2923.163 of the Revised Code applies.	894

Sec. 2923.121.  (A) No person shall possess a firearm in any	895
room in which any person is consuming beer or intoxicating liquor	896
in a premises for which a D permit has been issued under Chapter	897
4303. of the Revised Code or in an open air arena for which a	898
permit of that nature has been issued.	899

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

900

(a) An officer, agent, or employee of this or any other state	901
or the United States, or to a law enforcement officer, who is	902
authorized to carry firearms and is acting within the scope of the	903
officer's, agent's, or employee's duties;	904

(b) Any person who is employed in this state, who is	905
authorized to carry firearms, and who is subject to and in	906
compliance with the requirements of section 109.801 of the Revised	907
Code, unless the appointing authority of the person has expressly	908
specified that the exemption provided in division (B)(1)(b) of	909
this section does not apply to the person;	910

(c) Any room used for the accommodation of guests of a hotel,	911
as defined in section 4301.01 of the Revised Code;	912

(d) The principal holder of a D permit issued for a premises	913
or an open air arena under Chapter 4303. of the Revised Code while	914
in the premises or open air arena for which the permit was issued	915
if the principal holder of the D permit also possesses a valid	916
license or temporary emergency license to carry a concealed	917
handgun issued to the principal holder under section 2923.125 or	918
2923.1213 of the Revised Code or a license to carry a concealed	919
handgun that was issued to the principal holder by another state	920
with which the attorney general has entered into a reciprocity	921
agreement under section 109.69 of the Revised Codelicense and as	922
long as the principal holder is not consuming beer or intoxicating	923
liquor or under the influence of alcohol or a drug of abuse, or	924
any agent or employee of that holder who also is a peace officer,	925
as defined in section 2151.3515 of the Revised Code, who is off	926
duty, and who otherwise is authorized to carry firearms while in	927
the course of the officer's official duties and while in the	928
premises or open air arena for which the permit was issued and as	929
long as the agent or employee of that holder is not consuming beer	930
or intoxicating liquor or under the influence of alcohol or a drug	931
of abuse.	932

(e) Any person who is carrying a valid license or temporary	933
emergency license to carry a concealed handgun issued to the	934
person under section 2923.125 or 2923.1213 of the Revised Code or	935
a license to carry a concealed handgun that was issued to the	936
person by another state with which the attorney general has	937
entered into a reciprocity agreement under section 109.69 of the	938
Revised Codelicense, as long as the person is not consuming beer	939
or intoxicating liquor or under the influence of alcohol or a drug	940
of abuse.	941

(2) This section does not prohibit any person who is a member	942
of a veteran's organization, as defined in section 2915.01 of the	943
Revised Code, from possessing a rifle in any room in any premises	944
owned, leased, or otherwise under the control of the veteran's	945
organization, if the rifle is not loaded with live ammunition and	946
if the person otherwise is not prohibited by law from having the	947
rifle.	948

(3) This section does not apply to any person possessing or	949
displaying firearms in any room used to exhibit unloaded firearms	950
for sale or trade in a soldiers' memorial established pursuant to	951
Chapter 345. of the Revised Code, in a convention center, or in	952
any other public meeting place, if the person is an exhibitor,	953
trader, purchaser, or seller of firearms and is not otherwise	954
prohibited by law from possessing, trading, purchasing, or selling	955
the firearms.	956

(C) It is an affirmative defense to a charge under this	957
section of illegal possession of a firearm in a liquor permit	958
premises that involves the possession of a firearm other than a	959
handgun, that the actor was not otherwise prohibited by law from	960
having the firearm, and that any of the following apply:	961

(1) The firearm was carried or kept ready at hand by the	962
actor for defensive purposes, while the actor was engaged in or	963
was going to or from the actor's lawful business or occupation,	964
which business or occupation was of such character or was	965
necessarily carried on in such manner or at such a time or place	966
as to render the actor particularly susceptible to criminal	967
attack, such as would justify a prudent person in going armed.	968

(2) The firearm was carried or kept ready at hand by the	969
actor for defensive purposes, while the actor was engaged in a	970
lawful activity, and had reasonable cause to fear a criminal	971
attack upon the actor or a member of the actor's family, or upon	972
the actor's home, such as would justify a prudent person in going	973
armed.	974

(D) No person who is charged with a violation of this section	975
shall be required to obtain a license or temporary emergency	976
license to carry a concealed handgun under section 2923.125 or	977
2923.1213 of the Revised Codelicense as a condition for the	978
dismissal of the charge.	979

(E) Whoever violates this section is guilty of illegal	980
possession of a firearm in a liquor permit premises. Except as	981
otherwise provided in this division, illegal possession of a	982
firearm in a liquor permit premises is a felony of the fifth	983
degree. If the offender commits the violation of this section by	984
knowingly carrying or having the firearm concealed on the	985
offender's person or concealed ready at hand, illegal possession	986
of a firearm in a liquor permit premises is a felony of the third	987
degree.	988

(F) As used in this section, "beer" and "intoxicating liquor"	989
have the same meanings as in section 4301.01 of the Revised Code.	990

Sec. 2923.122.  (A) No person shall knowingly convey, or	991
attempt to convey, a deadly weapon or dangerous ordnance into a	992
school safety zone.	993

(B) No person shall knowingly possess a deadly weapon or	994
dangerous ordnance in a school safety zone.	995

(C) No person shall knowingly possess an object in a school	996
safety zone if both of the following apply:	997

(1) The object is indistinguishable from a firearm, whether	998
or not the object is capable of being fired.	999

(2) The person indicates that the person possesses the object	1000
and that it is a firearm, or the person knowingly displays or	1001
brandishes the object and indicates that it is a firearm.	1002

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

1003

(a) An officer, agent, or employee of this or any other state	1004
or the United States, or a law enforcement officer, who is	1005
authorized to carry deadly weapons or dangerous ordnance and is	1006
acting within the scope of the officer's, agent's, or employee's	1007
duties, a security officer employed by a board of education or	1008
governing body of a school during the time that the security	1009
officer is on duty pursuant to that contract of employment, or any	1010
other person who has written authorization from the board of	1011
education or governing body of a school to convey deadly weapons	1012
or dangerous ordnance into a school safety zone or to possess a	1013
deadly weapon or dangerous ordnance in a school safety zone and	1014
who conveys or possesses the deadly weapon or dangerous ordnance	1015
in accordance with that authorization;	1016

(b) Any person who is employed in this state, who is	1017
authorized to carry deadly weapons or dangerous ordnance, and who	1018
is subject to and in compliance with the requirements of section	1019
109.801 of the Revised Code, unless the appointing authority of	1020
the person has expressly specified that the exemption provided in	1021
division (D)(1)(b) of this section does not apply to the person.	1022

(2) Division (C) of this section does not apply to premises	1023
upon which home schooling is conducted. Division (C) of this	1024
section also does not apply to a school administrator, teacher, or	1025
employee who possesses an object that is indistinguishable from a	1026
firearm for legitimate school purposes during the course of	1027
employment, a student who uses an object that is indistinguishable	1028
from a firearm under the direction of a school administrator,	1029
teacher, or employee, or any other person who with the express	1030
prior approval of a school administrator possesses an object that	1031
is indistinguishable from a firearm for a legitimate purpose,	1032
including the use of the object in a ceremonial activity, a play,	1033
reenactment, or other dramatic presentation, or a ROTC activity or	1034
another similar use of the object.	1035

(3) This section does not apply to a person who conveys or	1036
attempts to convey a handgun into, or possesses a handgun in, a	1037
school safety zone if, at the time of that conveyance, attempted	1038
conveyance, or possession of the handgun, all of the following	1039
apply:	1040

(a) The person does not enter into a school building or onto	1041
school premises and is not at a school activity.	1042

(b) The person is carrying a valid license or temporary	1043
emergency license to carry a concealed handgun issued to the	1044
person under section 2923.125 or 2923.1213 of the Revised Code or	1045
a license to carry a concealed handgun that was issued by another	1046
state with which the attorney general has entered into a	1047
reciprocity agreement under section 109.69 of the Revised Code	1048
license.	1049

(c) The person is in the school safety zone in accordance	1050
with 18 U.S.C. 922(q)(2)(B).	1051

(d) The person is not knowingly in a place described in	1052
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	1053
Revised Code.	1054

(4) This section does not apply to a person who conveys or	1055
attempts to convey a handgun into, or possesses a handgun in, a	1056
school safety zone if at the time of that conveyance, attempted	1057
conveyance, or possession of the handgun all of the following	1058
apply:	1059

(a) The person is carrying a valid license or temporary	1060
emergency license to carry a concealed handgun issued to the	1061
person under section 2923.125 or 2923.1213 of the Revised Code or	1062
a license to carry a concealed handgun that was issued by another	1063
state with which the attorney general has entered into a	1064
reciprocity agreement under section 109.69 of the Revised Code	1065
license.	1066

(b) The person is the driver or passenger in a motor vehicle	1067
and is in the school safety zone while immediately in the process	1068
of picking up or dropping off a child.	1069

(c) The person is not in violation of section 2923.16 of the	1070
Revised Code.	1071

(E)(1) Whoever violates division (A) or (B) of this section	1072
is guilty of illegal conveyance or possession of a deadly weapon	1073
or dangerous ordnance in a school safety zone. Except as otherwise	1074
provided in this division, illegal conveyance or possession of a	1075
deadly weapon or dangerous ordnance in a school safety zone is a	1076
felony of the fifth degree. If the offender previously has been	1077
convicted of a violation of this section, illegal conveyance or	1078
possession of a deadly weapon or dangerous ordnance in a school	1079
safety zone is a felony of the fourth degree.	1080

(2) Whoever violates division (C) of this section is guilty	1081
of illegal possession of an object indistinguishable from a	1082
firearm in a school safety zone. Except as otherwise provided in	1083
this division, illegal possession of an object indistinguishable	1084
from a firearm in a school safety zone is a misdemeanor of the	1085
first degree. If the offender previously has been convicted of a	1086
violation of this section, illegal possession of an object	1087
indistinguishable from a firearm in a school safety zone is a	1088
felony of the fifth degree.	1089

(F)(1) In addition to any other penalty imposed upon a person	1090
who is convicted of or pleads guilty to a violation of this	1091
section and subject to division (F)(2) of this section, if the	1092
offender has not attained nineteen years of age, regardless of	1093
whether the offender is attending or is enrolled in a school	1094
operated by a board of education or for which the state board of	1095
education prescribes minimum standards under section 3301.07 of	1096
the Revised Code, the court shall impose upon the offender a class	1097
four suspension of the offender's probationary driver's license,	1098
restricted license, driver's license, commercial driver's license,	1099
temporary instruction permit, or probationary commercial driver's	1100
license that then is in effect from the range specified in	1101
division (A)(4) of section 4510.02 of the Revised Code and shall	1102
deny the offender the issuance of any permit or license of that	1103
type during the period of the suspension.	1104

If the offender is not a resident of this state, the court	1105
shall impose a class four suspension of the nonresident operating	1106
privilege of the offender from the range specified in division	1107
(A)(4) of section 4510.02 of the Revised Code.	1108

(2) If the offender shows good cause why the court should not	1109
suspend one of the types of licenses, permits, or privileges	1110
specified in division (F)(1) of this section or deny the issuance	1111
of one of the temporary instruction permits specified in that	1112
division, the court in its discretion may choose not to impose the	1113
suspension, revocation, or denial required in that division.	1114

(G) As used in this section, "object that is	1115
indistinguishable from a firearm" means an object made,	1116
constructed, or altered so that, to a reasonable person without	1117
specialized training in firearms, the object appears to be a	1118
firearm.	1119

Sec. 2923.123.  (A) No person shall knowingly convey or	1120
attempt to convey a deadly weapon or dangerous ordnance into a	1121
courthouse or into another building or structure in which a	1122
courtroom is located.	1123

(B) No person shall knowingly possess or have under the	1124
person's control a deadly weapon or dangerous ordnance in a	1125
courthouse or in another building or structure in which a	1126
courtroom is located.	1127

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

1128

(1) Except as provided in division (E) of this section, a	1129
judge of a court of record of this state or a magistrate;	1130

(2) A peace officer, officer of a law enforcement agency, or	1131
person who is in either of the following categories:	1132

(a) Except as provided in division (E) of this section, a	1133
peace officer, or an officer of a law enforcement agency of	1134
another state, a political subdivision of another state, or the	1135
United States, who is authorized to carry a deadly weapon or	1136
dangerous ordnance, who possesses or has under that individual's	1137
control a deadly weapon or dangerous ordnance as a requirement of	1138
that individual's duties, and who is acting within the scope of	1139
that individual's duties at the time of that possession or	1140
control;	1141

(b) Except as provided in division (E) of this section, a	1142
person who is employed in this state, who is authorized to carry a	1143
deadly weapon or dangerous ordnance, who possesses or has under	1144
that individual's control a deadly weapon or dangerous ordnance as	1145
a requirement of that person's duties, and who is subject to and	1146
in compliance with the requirements of section 109.801 of the	1147
Revised Code, unless the appointing authority of the person has	1148
expressly specified that the exemption provided in division	1149
(C)(2)(b) of this section does not apply to the person.	1150

(3) A person who conveys, attempts to convey, possesses, or	1151
has under the person's control a deadly weapon or dangerous	1152
ordnance that is to be used as evidence in a pending criminal or	1153
civil action or proceeding;	1154

(4) Except as provided in division (E) of this section, a	1155
bailiff or deputy bailiff of a court of record of this state who	1156
is authorized to carry a firearm pursuant to section 109.77 of the	1157
Revised Code, who possesses or has under that individual's control	1158
a firearm as a requirement of that individual's duties, and who is	1159
acting within the scope of that individual's duties at the time of	1160
that possession or control;	1161

(5) Except as provided in division (E) of this section, a	1162
prosecutor, or a secret service officer appointed by a county	1163
prosecuting attorney, who is authorized to carry a deadly weapon	1164
or dangerous ordnance in the performance of the individual's	1165
duties, who possesses or has under that individual's control a	1166
deadly weapon or dangerous ordnance as a requirement of that	1167
individual's duties, and who is acting within the scope of that	1168
individual's duties at the time of that possession or control;	1169

(6) Except as provided in division (E) of this section, a	1170
person who conveys or attempts to convey a handgun into a	1171
courthouse or into another building or structure in which a	1172
courtroom is located, who, at the time of the conveyance or	1173
attempt, is carrying a valid license or temporary emergency	1174
license to carry a concealed handgun issued to the person under	1175
section 2923.125 or 2923.1213 of the Revised Code or a license to	1176
carry a concealed handgun that was issued by another state with	1177
which the attorney general has entered into a reciprocity	1178
agreement under section 109.69 of the Revised Codelicense, and	1179
who transfers possession of the handgun to the officer or	1180
officer's designee who has charge of the courthouse or building.	1181
The officer shall secure the handgun until the licensee is	1182
prepared to leave the premises. The exemption described in this	1183
division applies only if the officer who has charge of the	1184
courthouse or building provides services of the nature described	1185
in this division. An officer who has charge of the courthouse or	1186
building is not required to offer services of the nature described	1187
in this division.	1188

(D)(1) Whoever violates division (A) of this section is	1189
guilty of illegal conveyance of a deadly weapon or dangerous	1190
ordnance into a courthouse. Except as otherwise provided in this	1191
division, illegal conveyance of a deadly weapon or dangerous	1192
ordnance into a courthouse is a felony of the fifth degree. If the	1193
offender previously has been convicted of a violation of division	1194
(A) or (B) of this section, illegal conveyance of a deadly weapon	1195
or dangerous ordnance into a courthouse is a felony of the fourth	1196
degree.	1197

(2) Whoever violates division (B) of this section is guilty	1198
of illegal possession or control of a deadly weapon or dangerous	1199
ordnance in a courthouse. Except as otherwise provided in this	1200
division, illegal possession or control of a deadly weapon or	1201
dangerous ordnance in a courthouse is a felony of the fifth	1202
degree. If the offender previously has been convicted of a	1203
violation of division (A) or (B) of this section, illegal	1204
possession or control of a deadly weapon or dangerous ordnance in	1205
a courthouse is a felony of the fourth degree.	1206

(E) The exemptions described in divisions (C)(1), (2)(a),	1207
(2)(b), (4), (5), and (6) of this section do not apply to any	1208
judge, magistrate, peace officer, officer of a law enforcement	1209
agency, bailiff, deputy bailiff, prosecutor, secret service	1210
officer, or other person described in any of those divisions if a	1211
rule of superintendence or another type of rule adopted by the	1212
supreme court pursuant to Article IV, Ohio Constitution, or an	1213
applicable local rule of court prohibits all persons from	1214
conveying or attempting to convey a deadly weapon or dangerous	1215
ordnance into a courthouse or into another building or structure	1216
in which a courtroom is located or from possessing or having under	1217
one's control a deadly weapon or dangerous ordnance in a	1218
courthouse or in another building or structure in which a	1219
courtroom is located.	1220

(F) As used in this section:

1221

(1) "Magistrate" means an individual who is appointed by a	1222
court of record of this state and who has the powers and may	1223
perform the functions specified in Civil Rule 53, Criminal Rule	1224
19, or Juvenile Rule 40.	1225

(2) "Peace officer" and "prosecutor" have the same meanings	1226
as in section 2935.01 of the Revised Code.	1227

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	1228
the Revised Code:	1229

(A) "Application form" means the application form prescribed	1230
pursuant to division (A)(1) of section 109.731 of the Revised Code	1231
and includes a copy of that form.	1232

(B) "Competency certification" and "competency certificate"	1233
mean a document of the type described in division (B)(3) of	1234
section 2923.125 of the Revised Code.	1235

(C) "Detention facility" has the same meaning as in section	1236
2921.01 of the Revised Code.	1237

(D) "Licensee" means a person to whom a license to carry a	1238
concealed handgun license has been issued under section 2923.125	1239
of the Revised Code and, except when the context clearly indicates	1240
otherwise, includes a person to whom a temporary emergency license	1241
to carry a concealed handgun license on a temporary emergency	1242
basis has been issued under section 2923.1213 of the Revised Code	1243
and a person to whom a concealed handgun license has been issued	1244
by another state.	1245

(E) "License fee" or "license renewal fee" means the fee for	1246
a license to carry a concealed handgun license or the fee to renew	1247
that license that is prescribed pursuant to division (C) of	1248
section 109.731 of the Revised Code and that is to be paid by an	1249
applicant for a license of that type.	1250

(F) "Peace officer" has the same meaning as in section	1251
2935.01 of the Revised Code.	1252

(G) "State correctional institution" has the same meaning as	1253
in section 2967.01 of the Revised Code.	1254

(H) "Valid license" means a license or temporary emergency	1255
license to carry a concealed handgun that has been issued under	1256
section 2923.125 or 2923.1213 of the Revised Code, that is	1257
currently valid, that is not under a suspension under division	1258
(A)(1) of section 2923.128 or under section 2923.1213 of the	1259
Revised Code, and that has not been revoked under division (B)(1)	1260
of section 2923.128 or under section 2923.1213 of the Revised	1261
Code.	1262

(I) "Civil protection order" means a protection order issued,	1263
or consent agreement approved, under section 2903.214 or 3113.31	1264
of the Revised Code.	1265

(J)(I) "Temporary protection order" means a protection order	1266
issued under section 2903.213 or 2919.26 of the Revised Code.	1267

(K)(J) "Protection order issued by a court of another state"	1268
has the same meaning as in section 2919.27 of the Revised Code.	1269

(L)(K) "Child day-care center," "type A family day-care home"	1270
and "type B family day-care home" have the same meanings as in	1271
section 5104.01 of the Revised Code.	1272

(M)(L) "Type C family day-care home" means a family day-care	1273
home authorized to provide child care by Sub. H.B. 62 of the 121st	1274
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	1275
general assembly and Sub. H.B. 407 of the 123rd general assembly.	1276

(N)(M) "Foreign air transportation," "interstate air	1277
transportation," and "intrastate air transportation" have the same	1278
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1279

(O)(N) "Commercial motor vehicle" has the same meaning as in	1280
division (A) of section 4506.25 of the Revised Code.	1281

(P)(O) "Motor carrier enforcement unit" has the same meaning	1282
as in section 2923.16 of the Revised Code.	1283

Sec. 2923.125.  (A) This section applies with respect to the	1284
application for and issuance by this state of concealed handgun	1285
licenses other than concealed handgun licenses on a temporary	1286
emergency basis that are issued under section 2923.1213 of the	1287
Revised Code. Upon the request of a person who wishes to obtain a	1288
license to carry a concealed handgun license with respect to which	1289
this section applies or to renew a license to carry a concealed	1290
handgun license with respect to which this section applies, a	1291
sheriff, as provided in division (I) of this section, shall	1292
provide to the person free of charge an application form and the	1293
web site address at which the pamphlet described in division (B)	1294
of section 109.731 of the Revised Code may be found. A sheriff	1295
shall accept a completed application form and the fee, items,	1296
materials, and information specified in divisions (B)(1) to (5) of	1297
this section at the times and in the manners described in division	1298
(I) of this section.	1299

(B) An applicant for a license to carry a concealed handgun	1300
license with respect to which this section applies shall submit a	1301
completed application form and all of the following to the sheriff	1302
of the county in which the applicant resides or to the sheriff of	1303
any county adjacent to the county in which the applicant resides:	1304

(1)(a) A nonrefundable license fee as described in either of	1305
the following:	1306

(i) For an applicant who has been a resident of this state	1307
for five or more years, a fee of sixty-seven dollars;	1308

(ii) For an applicant who has been a resident of this state	1309
for less than five years, a fee of sixty-seven dollars plus the	1310
actual cost of having a background check performed by the federal	1311
bureau of investigation.	1312

(b) No sheriff shall require an applicant to pay for the cost	1313
of a background check performed by the bureau of criminal	1314
identification and investigation.	1315

(c) A sheriff shall waive the payment of the license fee	1316
described in division (B)(1)(a) of this section in connection with	1317
an initial or renewal application for a license that is submitted	1318
by an applicant who is a retired peace officer, a retired person	1319
described in division (B)(1)(b) of section 109.77 of the Revised	1320
Code, or a retired federal law enforcement officer who, prior to	1321
retirement, was authorized under federal law to carry a firearm in	1322
the course of duty, unless the retired peace officer, person, or	1323
federal law enforcement officer retired as the result of a mental	1324
disability.	1325

(d) The sheriff shall deposit all fees paid by an applicant	1326
under division (B)(1)(a) of this section into the sheriff's	1327
concealed handgun license issuance fund established pursuant to	1328
section 311.42 of the Revised Code. The county shall distribute	1329
the fees in accordance with section 311.42 of the Revised Code.	1330

(2) A color photograph of the applicant that was taken within	1331
thirty days prior to the date of the application;	1332

(3) One or more of the following competency certifications,	1333
each of which shall reflect that, regarding a certification	1334
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1335
section, within the three years immediately preceding the	1336
application the applicant has performed that to which the	1337
competency certification relates and that, regarding a	1338
certification described in division (B)(3)(d) of this section, the	1339
applicant currently is an active or reserve member of the armed	1340
forces of the United States or within the six years immediately	1341
preceding the application the honorable discharge or retirement to	1342
which the competency certification relates occurred:	1343

(a) An original or photocopy of a certificate of completion	1344
of a firearms safety, training, or requalification or firearms	1345
safety instructor course, class, or program that was offered by or	1346
under the auspices of the national rifle association and that	1347
complies with the requirements set forth in division (G) of this	1348
section;	1349

(b) An original or photocopy of a certificate of completion	1350
of a firearms safety, training, or requalification or firearms	1351
safety instructor course, class, or program that satisfies all of	1352
the following criteria:	1353

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

1354

(ii) It utilized qualified instructors who were certified by	1355
the national rifle association, the executive director of the Ohio	1356
peace officer training commission pursuant to section 109.75 or	1357
109.78 of the Revised Code, or a governmental official or entity	1358
of another state.	1359

(iii) It was offered by or under the auspices of a law	1360
enforcement agency of this or another state or the United States,	1361
a public or private college, university, or other similar	1362
postsecondary educational institution located in this or another	1363
state, a firearms training school located in this or another	1364
state, or another type of public or private entity or organization	1365
located in this or another state.	1366

(iv) It complies with the requirements set forth in division	1367
(G) of this section.	1368

(c) An original or photocopy of a certificate of completion	1369
of a state, county, municipal, or department of natural resources	1370
peace officer training school that is approved by the executive	1371
director of the Ohio peace officer training commission pursuant to	1372
section 109.75 of the Revised Code and that complies with the	1373
requirements set forth in division (G) of this section, or the	1374
applicant has satisfactorily completed and been issued a	1375
certificate of completion of a basic firearms training program, a	1376
firearms requalification training program, or another basic	1377
training program described in section 109.78 or 109.801 of the	1378
Revised Code that complies with the requirements set forth in	1379
division (G) of this section;	1380

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

1381

(i) That the applicant is an active or reserve member of the	1382
armed forces of the United States, was honorably discharged from	1383
military service in the active or reserve armed forces of the	1384
United States, is a retired trooper of the state highway patrol,	1385
or is a retired peace officer or federal law enforcement officer	1386
described in division (B)(1) of this section or a retired person	1387
described in division (B)(1)(b) of section 109.77 of the Revised	1388
Code and division (B)(1) of this section;	1389

(ii) That, through participation in the military service or	1390
through the former employment described in division (B)(3)(d)(i)	1391
of this section, the applicant acquired experience with handling	1392
handguns or other firearms, and the experience so acquired was	1393
equivalent to training that the applicant could have acquired in a	1394
course, class, or program described in division (B)(3)(a), (b), or	1395
(c) of this section.	1396

(e) A certificate or another similar document that evidences	1397
satisfactory completion of a firearms training, safety, or	1398
requalification or firearms safety instructor course, class, or	1399
program that is not otherwise described in division (B)(3)(a),	1400
(b), (c), or (d) of this section, that was conducted by an	1401
instructor who was certified by an official or entity of the	1402
government of this or another state or the United States or by the	1403
national rifle association, and that complies with the	1404
requirements set forth in division (G) of this section;	1405

(f) An affidavit that attests to the applicant's satisfactory	1406
completion of a course, class, or program described in division	1407
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1408
by the applicant's instructor or an authorized representative of	1409
the entity that offered the course, class, or program or under	1410
whose auspices the course, class, or program was offered.	1411

(4) A certification by the applicant that the applicant has	1412
read the pamphlet prepared by the Ohio peace officer training	1413
commission pursuant to section 109.731 of the Revised Code that	1414
reviews firearms, dispute resolution, and use of deadly force	1415
matters.	1416

(5) A set of fingerprints of the applicant provided as	1417
described in section 311.41 of the Revised Code through use of an	1418
electronic fingerprint reading device or, if the sheriff to whom	1419
the application is submitted does not possess and does not have	1420
ready access to the use of such a reading device, on a standard	1421
impression sheet prescribed pursuant to division (C)(2) of section	1422
109.572 of the Revised Code.	1423

(C) Upon receipt of an applicant'sthe completed application	1424
form, supporting documentation, and, if not waived, license fee of	1425
an applicant under this section, a sheriff, in the manner	1426
specified in section 311.41 of the Revised Code, shall conduct or	1427
cause to be conducted the criminal records check and the	1428
incompetency records check described in section 311.41 of the	1429
Revised Code.	1430

(D)(1) Except as provided in division (D)(3) or (4) of this	1431
section, within forty-five days after a sheriff's receipt of an	1432
applicant's completed application form for a license to carry a	1433
concealed handgun license under this section, the supporting	1434
documentation, and, if not waived, the license fee, the sheriff	1435
shall make available through the law enforcement automated data	1436
system in accordance with division (H) of this section the	1437
information described in that division and, upon making the	1438
information available through the system, shall issue to the	1439
applicant a license to carry a concealed handgun license that	1440
shall expire as described in division (D)(2)(a) of this section if	1441
all of the following apply:	1442

(a) The applicant is legally living in the United States, has	1443
been a resident of this state for at least forty-five days, and	1444
has been a resident of the county in which the person seeks the	1445
license or a county adjacent to the county in which the person	1446
seeks the license for at least thirty days. For purposes of	1447
division (D)(1)(a) of this section:	1448

(i) If a person is absent from the United States, from this	1449
state, or from a particular county in this state in compliance	1450
with military or naval orders as an active or reserve member of	1451
the armed forces of the United States and if prior to leaving this	1452
state in compliance with those orders the person was legally	1453
living in the United States and was a resident of this state, the	1454
person, solely by reason of that absence, shall not be considered	1455
to have lost the person's status as living in the United States or	1456
the person's residence in this state or in the county in which the	1457
person was a resident prior to leaving this state in compliance	1458
with those orders, without regard to whether or not the person	1459
intends to return to this state or to that county, shall not be	1460
considered to have acquired a residence in any other state, and	1461
shall not be considered to have become a resident of any other	1462
state.	1463

(ii) If a person is present in 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 forty-five days,	1466
the person shall be considered to have been a resident of this	1467
state for that period of at least forty-five days, and, if a	1468
person is present in a county of this state in compliance with	1469
military or naval orders as an active or reserve member of the	1470
armed forces of the United States for at least thirty days, the	1471
person shall be considered to have been a resident of that county	1472
for that period of at least thirty days.	1473

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

1474

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

1475

(d) The applicant is not under indictment for or otherwise	1476
charged with a felony; an offense under Chapter 2925., 3719., or	1477
4729. of the Revised Code that involves the illegal possession,	1478
use, sale, administration, or distribution of or trafficking in a	1479
drug of abuse; a misdemeanor offense of violence; or a violation	1480
of section 2903.14 or 2923.1211 of the Revised Code.	1481

(e) Except as otherwise provided in division (D)(5) of this	1482
section, the applicant has not been convicted of or pleaded guilty	1483
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1484
the Revised Code that involves the illegal possession, use, sale,	1485
administration, or distribution of or trafficking in a drug of	1486
abuse; has not been adjudicated a delinquent child for committing	1487
an act that if committed by an adult would be a felony or would be	1488
an offense under Chapter 2925., 3719., or 4729. of the Revised	1489
Code that involves the illegal possession, use, sale,	1490
administration, or distribution of or trafficking in a drug of	1491
abuse; and has not been convicted of, pleaded guilty to, or	1492
adjudicated a delinquent child for committing a violation of	1493
section 2903.13 of the Revised Code when the victim of the	1494
violation is a peace officer, regardless of whether the applicant	1495
was sentenced under division (C)(3) of that section.	1496

(f) Except as otherwise provided in division (D)(5) of this	1497
section, the applicant, within three years of the date of the	1498
application, has not been convicted of or pleaded guilty to a	1499
misdemeanor offense of violence other than a misdemeanor violation	1500
of section 2921.33 of the Revised Code or a violation of section	1501
2903.13 of the Revised Code when the victim of the violation is a	1502
peace officer, or a misdemeanor violation of section 2923.1211 of	1503
the Revised Code; and has not been adjudicated a delinquent child	1504
for committing an act that if committed by an adult would be a	1505
misdemeanor offense of violence other than a misdemeanor violation	1506
of section 2921.33 of the Revised Code or a violation of section	1507
2903.13 of the Revised Code when the victim of the violation is a	1508
peace officer or for committing an act that if committed by an	1509
adult would be a misdemeanor violation of section 2923.1211 of the	1510
Revised Code.	1511

(g) Except as otherwise provided in division (D)(1)(e) of	1512
this section, the applicant, within five years of the date of the	1513
application, has not been convicted of, pleaded guilty to, or	1514
adjudicated a delinquent child for committing two or more	1515
violations of section 2903.13 or 2903.14 of the Revised Code.	1516

(h) Except as otherwise provided in division (D)(5) of this	1517
section, the applicant, within ten years of the date of the	1518
application, has not been convicted of, pleaded guilty to, or	1519
adjudicated a delinquent child for committing a violation of	1520
section 2921.33 of the Revised Code.	1521

(i) The applicant has not been adjudicated as a mental	1522
defective, has not been committed to any mental institution, is	1523
not under adjudication of mental incompetence, has not been found	1524
by a court to be a mentally ill person subject to hospitalization	1525
by court order, and is not an involuntary patient other than one	1526
who is a patient only for purposes of observation. As used in this	1527
division, "mentally ill person subject to hospitalization by court	1528
order" and "patient" have the same meanings as in section 5122.01	1529
of the Revised Code.	1530

(j) The applicant is not currently subject to a civil	1531
protection order, a temporary protection order, or a protection	1532
order issued by a court of another state.	1533

(k) The applicant certifies that the applicant desires a	1534
legal means to carry a concealed handgun for defense of the	1535
applicant or a member of the applicant's family while engaged in	1536
lawful activity.	1537

(l) The applicant submits a competency certification of the	1538
type described in division (B)(3) of this section and submits a	1539
certification of the type described in division (B)(4) of this	1540
section regarding the applicant's reading of the pamphlet prepared	1541
by the Ohio peace officer training commission pursuant to section	1542
109.731 of the Revised Code.	1543

(m) The applicant currently is not subject to a suspension	1544
imposed under division (A)(2) of section 2923.128 of the Revised	1545
Code of a license to carry a concealed handgun, or a temporary	1546
emergency license to carry a concealed handgun,license that	1547
previously was issued to the applicant under this section or	1548
section 2923.1213 of the Revised Code.	1549

(2)(a) A license to carry a concealed handgun license that a	1550
sheriff issues under division (D)(1) of this section on or after	1551
March 14, 2007, shall expire five years after the date of	1552
issuance. A license to carry a concealed handgun that a sheriff	1553
issued under division (D)(1) of this section prior to March 14,	1554
2007, shall expire four years after the date of issuance.	1555

If a sheriff issues a license under this section, the sheriff	1556
shall place on the license a unique combination of letters and	1557
numbers identifying the license in accordance with the procedure	1558
prescribed by the Ohio peace officer training commission pursuant	1559
to section 109.731 of the Revised Code.	1560

(b) If a sheriff denies an application under this section	1561
because the applicant does not satisfy the criteria described in	1562
division (D)(1) of this section, the sheriff shall specify the	1563
grounds for the denial in a written notice to the applicant. The	1564
applicant may appeal the denial pursuant to section 119.12 of the	1565
Revised Code in the county served by the sheriff who denied the	1566
application. If the denial was as a result of the criminal records	1567
check conducted pursuant to section 311.41 of the Revised Code and	1568
if, pursuant to section 2923.127 of the Revised Code, the	1569
applicant challenges the criminal records check results using the	1570
appropriate challenge and review procedure specified in that	1571
section, the time for filing the appeal pursuant to section 119.12	1572
of the Revised Code and this division is tolled during the	1573
pendency of the request or the challenge and review. If the court	1574
in an appeal under section 119.12 of the Revised Code and this	1575
division enters a judgment sustaining the sheriff's refusal to	1576
grant to the applicant a license to carry a concealed handgun	1577
license, the applicant may file a new application beginning one	1578
year after the judgment is entered. If the court enters a judgment	1579
in favor of the applicant, that judgment shall not restrict the	1580
authority of a sheriff to suspend or revoke the license pursuant	1581
to section 2923.128 or 2923.1213 of the Revised Code or to refuse	1582
to renew the license for any proper cause that may occur after the	1583
date the judgment is entered. In the appeal, the court shall have	1584
full power to dispose of all costs.	1585

(3) If the sheriff with whom an application for a license to	1586
carry a concealed handgun license was filed under this section	1587
becomes aware that the applicant has been arrested for or	1588
otherwise charged with an offense that would disqualify the	1589
applicant from holding the license, the sheriff shall suspend the	1590
processing of the application until the disposition of the case	1591
arising from the arrest or charge.	1592

(4) If the sheriff determines that the applicant is legally	1593
living in the United States and is a resident of the county in	1594
which the applicant seeks the license or of an adjacent county but	1595
does not yet meet the residency requirements described in division	1596
(D)(1)(a) of this section, the sheriff shall not deny the license	1597
because of the residency requirements but shall not issue the	1598
license until the applicant meets those residency requirements.	1599

(5) If an applicant has been convicted of or pleaded guilty	1600
to an offense identified in division (D)(1)(e), (f), or (h) of	1601
this section or has been adjudicated a delinquent child for	1602
committing an act or violation identified in any of those	1603
divisions, and if a court has ordered the sealing or expungement	1604
of the records of that conviction, guilty plea, or adjudication	1605
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1606
2953.36, or section 2953.37 of the Revised Code or a court has	1607
granted the applicant relief pursuant to section 2923.14 of the	1608
Revised Code from the disability imposed pursuant to section	1609
2923.13 of the Revised Code relative to that conviction, guilty	1610
plea, or adjudication, the sheriff with whom the application was	1611
submitted shall not consider the conviction, guilty plea, or	1612
adjudication in making a determination under division (D)(1) or	1613
(F) of this section or, in relation to an application for a	1614
temporary emergency license to carry a concealed handgun license	1615
on a temporary emergency basis submitted under section 2923.1213	1616
of the Revised Code, in making a determination under division	1617
(B)(2) of that section.	1618

(E) If a license to carry a concealed handgun license issued	1619
under this section is lost or is destroyed, the licensee may	1620
obtain from the sheriff who issued that license a duplicate	1621
license upon the payment of a fee of fifteen dollars and the	1622
submission of an affidavit attesting to the loss or destruction of	1623
the license. The sheriff, in accordance with the procedures	1624
prescribed in section 109.731 of the Revised Code, shall place on	1625
the replacement license a combination of identifying numbers	1626
different from the combination on the license that is being	1627
replaced.	1628

(F)(1) A licensee who wishes to renew a license to carry a	1629
concealed handgun license issued under this section shall do so	1630
not earlier than ninety days before the expiration date of the	1631
license or at any time after the expiration date of the license by	1632
filing with the sheriff of the county in which the applicant	1633
resides or with the sheriff of an adjacent county an application	1634
for renewal of the license obtained pursuant to division (D) of	1635
this section, a certification by the applicant that, subsequent to	1636
the issuance of the license, the applicant has reread the pamphlet	1637
prepared by the Ohio peace officer training commission pursuant to	1638
section 109.731 of the Revised Code that reviews firearms, dispute	1639
resolution, and use of deadly force matters, and a nonrefundable	1640
license renewal fee in an amount determined pursuant to division	1641
(F)(4) of this section unless the fee is waived, and one of the	1642
following:	1643

(a) If the licensee previously has not renewed a license to	1644
carry a concealed handgun issued under this section, proof that	1645
the licensee at one time had a competency certification of the	1646
type described in division (B)(3) of this section. A valid	1647
license, expired license, or any other previously issued license	1648
that has not been revoked is prima-facie evidence that the	1649
licensee at one time had a competency certification of the type	1650
described in division (B)(3) of this section.	1651

(b) If the licensee previously has renewed a license to carry	1652
a concealed handgun issued under this section, a renewed	1653
competency certification of the type described in division (G)(4)	1654
of this section.	1655

(2) A sheriff shall accept a completed renewal application,	1656
the license renewal fee, and the information specified in division	1657
(F)(1) of this section at the times and in the manners described	1658
in division (I) of this section. Upon receipt of a completed	1659
renewal application, of certification that the applicant has	1660
reread the specified pamphlet prepared by the Ohio peace officer	1661
training commission, of proof of a prior competency certification	1662
for an initial renewal or of a renewed competency certification	1663
for a second or subsequent renewal, and of a license renewal fee	1664
unless the fee is waived, a sheriff, in the manner specified in	1665
section 311.41 of the Revised Code shall conduct or cause to be	1666
conducted the criminal records check and the incompetency records	1667
check described in section 311.41 of the Revised Code. The sheriff	1668
shall renew the license if the sheriff determines that the	1669
applicant continues to satisfy the requirements described in	1670
division (D)(1) of this section, except that the applicant is not	1671
required to meet the requirements of division (D)(1)(l) of this	1672
section. A renewed license that is renewed on or after March 14,	1673
2007, shall expire five years after the date of issuance, and a	1674
renewed license that is renewed prior to March 14, 2007, shall	1675
expire four years after the date of issuance. A renewed license is	1676
subject to division (E) of this section and sections 2923.126 and	1677
2923.128 of the Revised Code. A sheriff shall comply with	1678
divisions (D)(2) to (4) of this section when the circumstances	1679
described in those divisions apply to a requested license renewal.	1680
If a sheriff denies the renewal of a license to carry a concealed	1681
handgun license, the applicant may appeal the denial, or challenge	1682
the criminal record check results that were the basis of the	1683
denial if applicable, in the same manner as specified in division	1684
(D)(2)(b) of this section and in section 2923.127 of the Revised	1685
Code, regarding the denial of a license under this section.	1686

(3) A renewal application submitted pursuant to division (F)	1687
of this section shall only require the licensee to list on the	1688
application form information and matters occurring since the date	1689
of the licensee's last application for a license pursuant to	1690
division (B) or (F) of this section. A sheriff conducting the	1691
criminal records check and the incompetency records check	1692
described in section 311.41 of the Revised Code shall conduct the	1693
check only from the date of the licensee's last application for a	1694
license pursuant to division (B) or (F) of this section through	1695
the date of the renewal application submitted pursuant to division	1696
(F) of this section.	1697

(4) An applicant for a renewal license to carry a concealed	1698
handgun license under this section shall submit to the sheriff of	1699
the county in which the applicant resides or to the sheriff of any	1700
county adjacent to the county in which the applicant resides a	1701
nonrefundable license fee as described in either of the following:	1702

(a) For an applicant who has been a resident of this state	1703
for five or more years, a fee of fifty dollars;	1704

(b) For an applicant who has been a resident of this state	1705
for less than five years, a fee of fifty dollars plus the actual	1706
cost of having a background check performed by the federal bureau	1707
of investigation.	1708

(G)(1) Each course, class, or program described in division	1709
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1710
person who takes the course, class, or program the web site	1711
address at which the pamphlet prepared by the Ohio peace officer	1712
training commission pursuant to section 109.731 of the Revised	1713
Code that reviews firearms, dispute resolution, and use of deadly	1714
force matters may be found. Each such course, class, or program	1715
described in one of those divisions shall include at least twelve	1716
hours of training in the safe handling and use of a firearm that	1717
shall include all of the following:	1718

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

1719

(i) The ability to name, explain, and demonstrate the rules	1720
for safe handling of a handgun and proper storage practices for	1721
handguns and ammunition;	1722

(ii) The ability to demonstrate and explain how to handle	1723
ammunition in a safe manner;	1724

(iii) The ability to demonstrate the knowledge, skills, and	1725
attitude necessary to shoot a handgun in a safe manner;	1726

(iv) Gun handling training.

1727

(b) At least two hours of training that consists of range	1728
time and live-fire training.	1729

(2) To satisfactorily complete the course, class, or program	1730
described in division (B)(3)(a), (b), (c), or (e) of this section,	1731
the applicant shall pass a competency examination that shall	1732
include both of the following:	1733

(a) A written section on the ability to name and explain the	1734
rules for the safe handling of a handgun and proper storage	1735
practices for handguns and ammunition;	1736

(b) A physical demonstration of competence in the use of a	1737
handgun and in the rules for safe handling and storage of a	1738
handgun and a physical demonstration of the attitude necessary to	1739
shoot a handgun in a safe manner.	1740

(3) The competency certification described in division	1741
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1742
shall attest that the course, class, or program the applicant	1743
successfully completed met the requirements described in division	1744
(G)(1) of this section and that the applicant passed the	1745
competency examination described in division (G)(2) of this	1746
section.	1747

(4) A person who previously has received a competency	1748
certification as described in division (B)(3) of this section, or	1749
who previously has received a renewed competency certification as	1750
described in this division, may obtain a renewed competency	1751
certification pursuant to this division. If the person previously	1752
has received a competency certification or previously has received	1753
a renewed competency certification, the person may obtain a	1754
renewed competency certification from an entity that offers a	1755
course, class, or program described in division (B)(3)(a), (b),	1756
(c), or (e) of this section by passing a test that demonstrates	1757
that the person is range competent. In these circumstances, the	1758
person is not required to attend the course, class, or program or	1759
to take the competency examination described in division (G)(2) of	1760
this section for the renewed competency certification in order to	1761
be eligible to receive a renewed competency certification. A	1762
renewed competency certification issued under this division shall	1763
be dated and shall attest that the person has demonstrated range	1764
competency.	1765

(H) Upon deciding to issue a concealed handgun license,	1766
deciding to issue a replacement concealed handgun license, or	1767
deciding to renew a license to carry a concealed handgun license	1768
pursuant to this section, and before actually issuing or renewing	1769
the license, the sheriff shall make available through the law	1770
enforcement automated data system all information contained on the	1771
license. If the license subsequently is suspended under division	1772
(A)(1) or (2) of section 2923.128 of the Revised Code, revoked	1773
pursuant to division (B)(1) of section 2923.128 of the Revised	1774
Code, or lost or destroyed, the sheriff also shall make available	1775
through the law enforcement automated data system a notation of	1776
that fact. The superintendent of the state highway patrol shall	1777
ensure that the law enforcement automated data system is so	1778
configured as to permit the transmission through the system of the	1779
information specified in this division.	1780

(I) A sheriff shall accept a completed application form or	1781
renewal application, and the fee, items, materials, and	1782
information specified in divisions (B)(1) to (5) or division (F)	1783
of this section, whichever is applicable, and shall provide an	1784
application form or renewal application to any person during at	1785
least fifteen hours a week and shall provide the web site address	1786
at which the pamphlet described in division (B) of section 109.731	1787
of the Revised Code may be found at any time, upon request. The	1788
sheriff shall post notice of the hours during which the sheriff is	1789
available to accept or provide the information described in this	1790
division.	1791

Sec. 2923.126.  (A) A license to carry a concealed handgun	1792
license that is issued under section 2923.125 of the Revised Code	1793
on or after March 14, 2007, shall expire five years after the date	1794
of issuance, and a license that is so issued prior to March 14,	1795
2007, shall expire four years after the date of issuance. A	1796
licensee who has been issued a license under that section shall be	1797
granted a grace period of thirty days after the licensee's license	1798
expires during which the licensee's license remains valid. Except	1799
as provided in divisions (B) and (C) of this section, a licensee	1800
who has been issued a concealed handgun license under section	1801
2923.125 or 2923.1213 of the Revised Code may carry a concealed	1802
handgun anywhere in this state if the licensee also carries a	1803
valid license and valid identification when the licensee is in	1804
actual possession of a concealed handgun. The licensee shall give	1805
notice of any change in the licensee's residence address to the	1806
sheriff who issued the license within forty-five days after that	1807
change.	1808

If a licensee is the driver or an occupant of a motor vehicle	1809
that is stopped as the result of a traffic stop or a stop for	1810
another law enforcement purpose and if the licensee is	1811
transporting or has a loaded handgun in the motor vehicle at that	1812
time, the licensee shall promptly inform any law enforcement	1813
officer who approaches the vehicle while stopped that the licensee	1814
has been issued a license or temporary emergency license to carry	1815
a concealed handgun license and that the licensee currently	1816
possesses or has a loaded handgun; the licensee shall not	1817
knowingly disregard or fail to comply with lawful orders of a law	1818
enforcement officer given while the motor vehicle is stopped,	1819
knowingly fail to remain in the motor vehicle while stopped, or	1820
knowingly fail to keep the licensee's hands in plain sight after	1821
any law enforcement officer begins approaching the licensee while	1822
stopped and before the officer leaves, unless directed otherwise	1823
by a law enforcement officer; and the licensee shall not knowingly	1824
remove, attempt to remove, grasp, or hold the loaded handgun or	1825
knowingly have contact with the loaded handgun by touching it with	1826
the licensee's hands or fingers, in any manner in violation of	1827
division (E) of section 2923.16 of the Revised Code, after any law	1828
enforcement officer begins approaching the licensee while stopped	1829
and before the officer leaves. Additionally, if a licensee is the	1830
driver or an occupant of a commercial motor vehicle that is	1831
stopped by an employee of the motor carrier enforcement unit for	1832
the purposes defined in section 5503.04 of the Revised Code and if	1833
the licensee is transporting or has a loaded handgun in the	1834
commercial motor vehicle at that time, the licensee shall promptly	1835
inform the employee of the unit who approaches the vehicle while	1836
stopped that the licensee has been issued a license or temporary	1837
emergency license to carry a concealed handgun license and that	1838
the licensee currently possesses or has a loaded handgun.	1839

If a licensee is stopped for a law enforcement purpose and if	1840
the licensee is carrying a concealed handgun at the time the	1841
officer approaches, the licensee shall promptly inform any law	1842
enforcement officer who approaches the licensee while stopped that	1843
the licensee has been issued a license or temporary emergency	1844
license to carry a concealed handgun license and that the licensee	1845
currently is carrying a concealed handgun; the licensee shall not	1846
knowingly disregard or fail to comply with lawful orders of a law	1847
enforcement officer given while the licensee is stopped or	1848
knowingly fail to keep the licensee's hands in plain sight after	1849
any law enforcement officer begins approaching the licensee while	1850
stopped and before the officer leaves, unless directed otherwise	1851
by a law enforcement officer; and the licensee shall not knowingly	1852
remove, attempt to remove, grasp, or hold the loaded handgun or	1853
knowingly have contact with the loaded handgun by touching it with	1854
the licensee's hands or fingers, in any manner in violation of	1855
division (B) of section 2923.12 of the Revised Code, after any law	1856
enforcement officer begins approaching the licensee while stopped	1857
and before the officer leaves.	1858

(B) A valid concealed handgun license issued under section	1859
2923.125 or 2923.1213 of the Revised Code does not authorize the	1860
licensee to carry a concealed handgun in any manner prohibited	1861
under division (B) of section 2923.12 of the Revised Code or in	1862
any manner prohibited under section 2923.16 of the Revised Code. A	1863
valid license does not authorize the licensee to carry a concealed	1864
handgun into any of the following places:	1865

(1) A police station, sheriff's office, or state highway	1866
patrol station, premises controlled by the bureau of criminal	1867
identification and investigation, a state correctional	1868
institution, jail, workhouse, or other detention facility, an	1869
airport passenger terminal, or an institution that is maintained,	1870
operated, managed, and governed pursuant to division (A) of	1871
section 5119.02 of the Revised Code or division (A)(1) of section	1872
5123.03 of the Revised Code;	1873

(2) A school safety zone if the licensee's carrying the	1874
concealed handgun is in violation of section 2923.122 of the	1875
Revised Code;	1876

(3) A courthouse or another building or structure in which a	1877
courtroom is located, in violation of section 2923.123 of the	1878
Revised Code;	1879

(4) Any premises or open air arena for which a D permit has	1880
been issued under Chapter 4303. of the Revised Code if the	1881
licensee's carrying the concealed handgun is in violation of	1882
section 2923.121 of the Revised Code;	1883

(5) Any premises owned or leased by any public or private	1884
college, university, or other institution of higher education,	1885
unless the handgun is in a locked motor vehicle or the licensee is	1886
in the immediate process of placing the handgun in a locked motor	1887
vehicle;	1888

(6) Any church, synagogue, mosque, or other place of worship,	1889
unless the church, synagogue, mosque, or other place of worship	1890
posts or permits otherwise;	1891

(7) A child day-care center, a type A family day-care home, a	1892
type B family day-care home, or a type C family day-care home,	1893
except that this division does not prohibit a licensee who resides	1894
in a type A family day-care home, a type B family day-care home,	1895
or a type C family day-care home from carrying a concealed handgun	1896
at any time in any part of the home that is not dedicated or used	1897
for day-care purposes, or from carrying a concealed handgun in a	1898
part of the home that is dedicated or used for day-care purposes	1899
at any time during which no children, other than children of that	1900
licensee, are in the home;	1901

(8) An aircraft that is in, or intended for operation in,	1902
foreign air transportation, interstate air transportation,	1903
intrastate air transportation, or the transportation of mail by	1904
aircraft;	1905

(9) Any building that is a government facility of this state	1906
or a political subdivision of this state and that is not a	1907
building that is used primarily as a shelter, restroom, parking	1908
facility for motor vehicles, or rest facility and is not a	1909
courthouse or other building or structure in which a courtroom is	1910
located that is subject to division (B)(3) of this section;	1911

(10) A place in which federal law prohibits the carrying of	1912
handguns.	1913

(C)(1) Nothing in this section shall negate or restrict a	1914
rule, policy, or practice of a private employer that is not a	1915
private college, university, or other institution of higher	1916
education concerning or prohibiting the presence of firearms on	1917
the private employer's premises or property, including motor	1918
vehicles owned by the private employer. Nothing in this section	1919
shall require a private employer of that nature to adopt a rule,	1920
policy, or practice concerning or prohibiting the presence of	1921
firearms on the private employer's premises or property, including	1922
motor vehicles owned by the private employer.	1923

(2)(a) A private employer shall be immune from liability in a	1924
civil action for any injury, death, or loss to person or property	1925
that allegedly was caused by or related to a licensee bringing a	1926
handgun onto the premises or property of the private employer,	1927
including motor vehicles owned by the private employer, unless the	1928
private employer acted with malicious purpose. A private employer	1929
is immune from liability in a civil action for any injury, death,	1930
or loss to person or property that allegedly was caused by or	1931
related to the private employer's decision to permit a licensee to	1932
bring, or prohibit a licensee from bringing, a handgun onto the	1933
premises or property of the private employer. As used in this	1934
division, "private employer" includes a private college,	1935
university, or other institution of higher education.	1936

(b) A political subdivision shall be immune from liability in	1937
a civil action, to the extent and in the manner provided in	1938
Chapter 2744. of the Revised Code, for any injury, death, or loss	1939
to person or property that allegedly was caused by or related to a	1940
licensee bringing a handgun onto any premises or property owned,	1941
leased, or otherwise under the control of the political	1942
subdivision. As used in this division, "political subdivision" has	1943
the same meaning as in section 2744.01 of the Revised Code.	1944

(3)(a) Except as provided in division (C)(3)(b) of this	1945
section, the owner or person in control of private land or	1946
premises, and a private person or entity leasing land or premises	1947
owned by the state, the United States, or a political subdivision	1948
of the state or the United States, may post a sign in a	1949
conspicuous location on that land or on those premises prohibiting	1950
persons from carrying firearms or concealed firearms on or onto	1951
that land or those premises. Except as otherwise provided in this	1952
division, a person who knowingly violates a posted prohibition of	1953
that nature is guilty of criminal trespass in violation of	1954
division (A)(4) of section 2911.21 of the Revised Code and is	1955
guilty of a misdemeanor of the fourth degree. If a person	1956
knowingly violates a posted prohibition of that nature and the	1957
posted land or premises primarily was a parking lot or other	1958
parking facility, the person is not guilty of criminal trespass in	1959
violation of division (A)(4) of section 2911.21 of the Revised	1960
Code and instead is subject only to a civil cause of action for	1961
trespass based on the violation.	1962

(b) A landlord may not prohibit or restrict a tenant who is a	1963
licensee and who on or after the effective date of this amendment	1964
September 9, 2008, enters into a rental agreement with the	1965
landlord for the use of residential premises, and the tenant's	1966
guest while the tenant is present, from lawfully carrying or	1967
possessing a handgun on those residential premises.	1968

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

1969

(i) "Residential premises" has the same meaning as in section	1970
5321.01 of the Revised Code, except "residential premises" does	1971
not include a dwelling unit that is owned or operated by a college	1972
or university.	1973

(ii) "Landlord," "tenant," and "rental agreement" have the	1974
same meanings as in section 5321.01 of the Revised Code.	1975

(D) A person who holds a license to carry a concealed handgun	1976
that waslicense issued pursuant to the law ofby another state	1977
that is recognized by the attorney general pursuant to a	1978
reciprocity agreement entered into pursuant to section 109.69 of	1979
the Revised Code has the same right to carry a concealed handgun	1980
in this state as a person who was issued a license to carry a	1981
concealed handgun license under section 2923.125 of the Revised	1982
Code and is subject to the same restrictions that apply to a	1983
person who carries a license issued under that section.	1984

(E) A peace officer has the same right to carry a concealed	1985
handgun in this state as a person who was issued a license to	1986
carry a concealed handgun license under section 2923.125 of the	1987
Revised Code. For purposes of reciprocity with other states, a	1988
peace officer shall be considered to be a licensee in this state.	1989

(F)(1) A qualified retired peace officer who possesses a	1990
retired peace officer identification card issued pursuant to	1991
division (F)(2) of this section and a valid firearms	1992
requalification certification issued pursuant to division (F)(3)	1993
of this section has the same right to carry a concealed handgun in	1994
this state as a person who was issued a license to carry a	1995
concealed handgun license under section 2923.125 of the Revised	1996
Code and is subject to the same restrictions that apply to a	1997
person who carries a license issued under that section. For	1998
purposes of reciprocity with other states, a qualified retired	1999
peace officer who possesses a retired peace officer identification	2000
card issued pursuant to division (F)(2) of this section and a	2001
valid firearms requalification certification issued pursuant to	2002
division (F)(3) of this section shall be considered to be a	2003
licensee in this state.	2004

(2)(a) Each public agency of this state or of a political	2005
subdivision of this state that is served by one or more peace	2006
officers shall issue a retired peace officer identification card	2007
to any person who retired from service as a peace officer with	2008
that agency, if the issuance is in accordance with the agency's	2009
policies and procedures and if the person, with respect to the	2010
person's service with that agency, satisfies all of the following:	2011

(i) The person retired in good standing from service as a	2012
peace officer with the public agency, and the retirement was not	2013
for reasons of mental instability.	2014

(ii) Before retiring from service as a peace officer with	2015
that agency, the person was authorized to engage in or supervise	2016
the prevention, detection, investigation, or prosecution of, or	2017
the incarceration of any person for, any violation of law and the	2018
person had statutory powers of arrest.	2019

(iii) At the time of the person's retirement as a peace	2020
officer with that agency, the person was trained and qualified to	2021
carry firearms in the performance of the peace officer's duties.	2022

(iv) Before retiring from service as a peace officer with	2023
that agency, the person was regularly employed as a peace officer	2024
for an aggregate of fifteen years or more, or, in the alternative,	2025
the person retired from service as a peace officer with that	2026
agency, after completing any applicable probationary period of	2027
that service, due to a service-connected disability, as determined	2028
by the agency.	2029

(b) A retired peace officer identification card issued to a	2030
person under division (F)(2)(a) of this section shall identify the	2031
person by name, contain a photograph of the person, identify the	2032
public agency of this state or of the political subdivision of	2033
this state from which the person retired as a peace officer and	2034
that is issuing the identification card, and specify that the	2035
person retired in good standing from service as a peace officer	2036
with the issuing public agency and satisfies the criteria set	2037
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	2038
addition to the required content specified in this division, a	2039
retired peace officer identification card issued to a person under	2040
division (F)(2)(a) of this section may include the firearms	2041
requalification certification described in division (F)(3) of this	2042
section, and if the identification card includes that	2043
certification, the identification card shall serve as the firearms	2044
requalification certification for the retired peace officer. If	2045
the issuing public agency issues credentials to active law	2046
enforcement officers who serve the agency, the agency may comply	2047
with division (F)(2)(a) of this section by issuing the same	2048
credentials to persons who retired from service as a peace officer	2049
with the agency and who satisfy the criteria set forth in	2050
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	2051
credentials so issued to retired peace officers are stamped with	2052
the word "RETIRED."	2053

(c) A public agency of this state or of a political	2054
subdivision of this state may charge persons who retired from	2055
service as a peace officer with the agency a reasonable fee for	2056
issuing to the person a retired peace officer identification card	2057
pursuant to division (F)(2)(a) of this section.	2058

(3) If a person retired from service as a peace officer with	2059
a public agency of this state or of a political subdivision of	2060
this state and the person satisfies the criteria set forth in	2061
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	2062
may provide the retired peace officer with the opportunity to	2063
attend a firearms requalification program that is approved for	2064
purposes of firearms requalification required under section	2065
109.801 of the Revised Code. The retired peace officer may be	2066
required to pay the cost of the course.	2067

If a retired peace officer who satisfies the criteria set	2068
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	2069
firearms requalification program that is approved for purposes of	2070
firearms requalification required under section 109.801 of the	2071
Revised Code, the retired peace officer's successful completion of	2072
the firearms requalification program requalifies the retired peace	2073
officer for purposes of division (F) of this section for five	2074
years from the date on which the program was successfully	2075
completed, and the requalification is valid during that five-year	2076
period. If a retired peace officer who satisfies the criteria set	2077
forth in divisions (F)(2)(a)(i) to (iv) of this section	2078
satisfactorily completes such a firearms requalification program,	2079
the retired peace officer shall be issued a firearms	2080
requalification certification that identifies the retired peace	2081
officer by name, identifies the entity that taught the program,	2082
specifies that the retired peace officer successfully completed	2083
the program, specifies the date on which the course was	2084
successfully completed, and specifies that the requalification is	2085
valid for five years from that date of successful completion. The	2086
firearms requalification certification for a retired peace officer	2087
may be included in the retired peace officer identification card	2088
issued to the retired peace officer under division (F)(2) of this	2089
section.	2090

A retired peace officer who attends a firearms	2091
requalification program that is approved for purposes of firearms	2092
requalification required under section 109.801 of the Revised Code	2093
may be required to pay the cost of the program.	2094

(G) As used in this section:

2095

(1) "Qualified retired peace officer" means a person who	2096
satisfies all of the following:	2097

(a) The person satisfies the criteria set forth in divisions	2098
(F)(2)(a)(i) to (v) of this section.	2099

(b) The person is not under the influence of alcohol or	2100
another intoxicating or hallucinatory drug or substance.	2101

(c) The person is not prohibited by federal law from	2102
receiving firearms.	2103

(2) "Retired peace officer identification card" means an	2104
identification card that is issued pursuant to division (F)(2) of	2105
this section to a person who is a retired peace officer.	2106

(3) "Government facility of this state or a political	2107
subdivision of this state" means any of the following:	2108

(a) A building or part of a building that is owned or leased	2109
by the government of this state or a political subdivision of this	2110
state and where employees of the government of this state or the	2111
political subdivision regularly are present for the purpose of	2112
performing their official duties as employees of the state or	2113
political subdivision;	2114

(b) The office of a deputy registrar serving pursuant to	2115
Chapter 4503. of the Revised Code that is used to perform deputy	2116
registrar functions.	2117

Sec. 2923.127. (A) If a sheriff denies an application for a	2118
license to carry a concealed handgun license under section	2119
2923.125 of the Revised Code, denies the renewal of a license to	2120
carry a concealed handgun license under that section, or denies an	2121
application for a temporary emergency license to carry a concealed	2122
handgun license on a temporary emergency basis under section	2123
2923.1213 of the Revised Code as a result of the criminal records	2124
check conducted pursuant to section 311.41 of the Revised Code and	2125
if the applicant believes the denial was based on incorrect	2126
information reported by the source the sheriff used in conducting	2127
the criminal records check, the applicant may challenge the	2128
criminal records check results using whichever of the following is	2129
applicable:	2130

(1) If the bureau of criminal identification and	2131
investigation performed the criminal records check, by using the	2132
bureau's existing challenge and review procedures;	2133

(2) If division (A)(1) of this section does not apply, by	2134
using the existing challenge and review procedure of the sheriff	2135
who denied the application or, if the sheriff does not have a	2136
challenge and review procedure, by using the challenge and review	2137
procedure prescribed by the bureau of criminal identification and	2138
investigation pursuant to division (B) of this section.	2139

(B) The bureau of criminal identification and investigation	2140
shall prescribe a challenge and review procedure for applicants to	2141
use to challenge criminal records checks under division (A)(2) of	2142
this section in counties in which the sheriff with whom thean	2143
application for a license to carry a concealed handgun or for the	2144
renewal of a license to carry a concealed handgun was filed or	2145
with whom the application for a temporary emergency license to	2146
carry a concealed handgun wasof a type described in division (A)	2147
of this section was filed or submitted does not have an existing	2148
challenge and review procedure.	2149

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	2150
concealed handgun license issued under section 2923.125 or	2151
2923.1213 of the Revised Code is arrested for or otherwise charged	2152
with an offense described in division (D)(1)(d) of section	2153
2923.125 of the Revised Code or with a violation of section	2154
2923.15 of the Revised Code or becomes subject to a temporary	2155
protection order or to a protection order issued by a court of	2156
another state that is substantially equivalent to a temporary	2157
protection order, the sheriff who issued the license or temporary	2158
emergency license shall suspend it and shall comply with division	2159
(A)(3) of this section upon becoming aware of the arrest, charge,	2160
or protection order. Upon suspending the license or temporary	2161
emergency license, the sheriff also shall comply with division (H)	2162
of section 2923.125 of the Revised Code.	2163

(b) A suspension under division (A)(1)(a) of this section	2164
shall be considered as beginning on the date that the licensee is	2165
arrested for or otherwise charged with an offense described in	2166
that division or on the date the appropriate court issued the	2167
protection order described in that division, irrespective of when	2168
the sheriff notifies the licensee under division (A)(3) of this	2169
section. The suspension shall end on the date on which the charges	2170
are dismissed or the licensee is found not guilty of the offense	2171
described in division (A)(1)(a) of this section or, subject to	2172
division (B) of this section, on the date the appropriate court	2173
terminates the protection order described in that division. If the	2174
suspension so ends, the sheriff shall return the license or	2175
temporary emergency license to the licensee.	2176

(2)(a) If a licensee holding a valid concealed handgun	2177
license issued under section 2923.125 or 2923.1213 of the Revised	2178
Code is convicted of or pleads guilty to a misdemeanor violation	2179
of division (B)(1), (2), or (4) of section 2923.12 of the Revised	2180
Code or of division (E)(1), (2), (3), or (5) of section 2923.16 of	2181
the Revised Code, except as provided in division (A)(2)(c) of this	2182
section and subject to division (C) of this section, the sheriff	2183
who issued the license or temporary emergency license shall	2184
suspend it and shall comply with division (A)(3) of this section	2185
upon becoming aware of the conviction or guilty plea. Upon	2186
suspending the license or temporary emergency license, the sheriff	2187
also shall comply with division (H) of section 2923.125 of the	2188
Revised Code.	2189

(b) A suspension under division (A)(2)(a) of this section	2190
shall be considered as beginning on the date that the licensee is	2191
convicted of or pleads guilty to the offense described in that	2192
division, irrespective of when the sheriff notifies the licensee	2193
under division (A)(3) of this section. If the suspension is	2194
imposed for a misdemeanor violation of division (B)(1) or (2) of	2195
section 2923.12 of the Revised Code or of division (E)(1), (2), or	2196
(3) of section 2923.16 of the Revised Code, it shall end on the	2197
date that is one year after the date that the licensee is	2198
convicted of or pleads guilty to that violation. If the suspension	2199
is imposed for a misdemeanor violation of division (B)(4) of	2200
section 2923.12 of the Revised Code or of division (E)(5) of	2201
section 2923.16 of the Revised Code, it shall end on the date that	2202
is two years after the date that the licensee is convicted of or	2203
pleads guilty to that violation. If the licensee's license was	2204
issued under section 2923.125 of the Revised Code and the license	2205
remains valid after the suspension ends as described in this	2206
division, when the suspension ends, the sheriff shall return the	2207
license to the licensee. If the licensee's license was issued	2208
under section 2923.125 of the Revised Code and the license expires	2209
before the suspension ends as described in this division, or if	2210
the licensee's license was issued under section 2923.1213 of the	2211
Revised Code, the licensee is not eligible to apply for a new	2212
license under section 2923.125 or 2923.1213 of the Revised Code or	2213
to renew the license under section 2923.125 of the Revised Code	2214
until after the suspension ends as described in this division.	2215

(c) The license of a licensee who is convicted of or pleads	2216
guilty to a violation of division (B)(1) of section 2923.12 or	2217
division (E)(1) or (2) of section 2923.16 of the Revised Code	2218
shall not be suspended pursuant to division (A)(2)(a) of this	2219
section if, at the time of the stop of the licensee for a law	2220
enforcement purpose, for a traffic stop, or for a purpose defined	2221
in section 5503.34 of the Revised Code that was the basis of the	2222
violation, any law enforcement officer involved with the stop or	2223
the employee of the motor carrier enforcement unit who made the	2224
stop had actual knowledge of the licensee's status as a licensee.	2225

(3) Upon becoming aware of an arrest, charge, or protection	2226
order described in division (A)(1)(a) of this section with respect	2227
to a licensee who was issued a concealed handgun license under	2228
section 2923.125 or 2923.1213 of the Revised Code, or a conviction	2229
of or plea of guilty to a misdemeanor offense described in	2230
division (A)(2)(a) of this section with respect to a licensee who	2231
was issued a concealed handgun license under either section and	2232
with respect to which division (A)(2)(c) of this section does not	2233
apply, subject to division (C) of this section, the sheriff who	2234
issued the licensee's license or temporary emergency license to	2235
carry a concealed handgun shall notify the licensee, by certified	2236
mail, return receipt requested, at the licensee's last known	2237
residence address that the license or temporary emergency license	2238
has been suspended and that the licensee is required to surrender	2239
the license or temporary emergency license at the sheriff's office	2240
within ten days of the date on which the notice was mailed. If the	2241
suspension is pursuant to division (A)(2) of this section, the	2242
notice shall identify the date on which the suspension ends.	2243

(B)(1) A sheriff who issues a concealed handgun license or	2244
temporary emergency license to carry a concealed handgun to a	2245
licensee under section 2923.125 or 2923.1213 of the Revised Code	2246
shall revoke the license or temporary emergency license in	2247
accordance with division (B)(2) of this section upon becoming	2248
aware that the licensee satisfies any of the following:	2249

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

2250

(b) Subject to division (C) of this section, at the time of	2251
the issuance of the license or temporary emergency license, the	2252
licensee did not satisfy the eligibility requirements of division	2253
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	2254
Revised Code.	2255

(c) Subject to division (C) of this section, on or after the	2256
date on which the license or temporary emergency license was	2257
issued, the licensee is convicted of or pleads guilty to a	2258
violation of section 2923.15 of the Revised Code or an offense	2259
described in division (D)(1)(e), (f), (g), or (h) of section	2260
2923.125 of the Revised Code.	2261

(d) On or after the date on which the license or temporary	2262
emergency license was issued, the licensee becomes subject to a	2263
civil protection order or to a protection order issued by a court	2264
of another state that is substantially equivalent to a civil	2265
protection order.	2266

(e) The licensee knowingly carries a concealed handgun into a	2267
place that the licensee knows is an unauthorized place specified	2268
in division (B) of section 2923.126 of the Revised Code.	2269

(f) On or after the date on which the license or temporary	2270
emergency license was issued, the licensee is adjudicated as a	2271
mental defective or is committed to a mental institution.	2272

(g) At the time of the issuance of the license or temporary	2273
emergency license, the licensee did not meet the residency	2274
requirements described in division (D)(1) of section 2923.125 of	2275
the Revised Code and currently does not meet the residency	2276
requirements described in that division.	2277

(h) Regarding a license issued under section 2923.125 of the	2278
Revised Code, the competency certificate the licensee submitted	2279
was forged or otherwise was fraudulent.	2280

(2) Upon becoming aware of any circumstance listed in	2281
division (B)(1) of this section that applies to a particular	2282
licensee who was issued a concealed handgun license under section	2283
2923.125 or 2923.1213 of the Revised Code, subject to division (C)	2284
of this section, the sheriff who issued the license or temporary	2285
emergency license to carry a concealed handgun to the licensee	2286
shall notify the licensee, by certified mail, return receipt	2287
requested, at the licensee's last known residence address that the	2288
license or temporary emergency license is subject to revocation	2289
and that the licensee may come to the sheriff's office and contest	2290
the sheriff's proposed revocation within fourteen days of the date	2291
on which the notice was mailed. After the fourteen-day period and	2292
after consideration of any information that the licensee provides	2293
during that period, if the sheriff determines on the basis of the	2294
information of which the sheriff is aware that the licensee is	2295
described in division (B)(1) of this section and no longer	2296
satisfies the requirements described in division (D)(1) of section	2297
2923.125 of the Revised Code that are applicable to the licensee's	2298
type of license, the sheriff shall revoke the license or temporary	2299
emergency license, notify the licensee of that fact, and require	2300
the licensee to surrender the license or temporary emergency	2301
license. Upon revoking the license or temporary emergency license,	2302
the sheriff also shall comply with division (H) of section	2303
2923.125 of the Revised Code.	2304

(C) If a sheriff who issues a license or temporary emergency	2305
license to carry a concealed handgun license to a licensee under	2306
section 2923.125 or 2923.1213 of the Revised Code becomes aware	2307
that at the time of the issuance of the license or temporary	2308
emergency license the licensee had been convicted of or pleaded	2309
guilty to an offense identified in division (D)(1)(e), (f), or (h)	2310
of section 2923.125 of the Revised Code or had been adjudicated a	2311
delinquent child for committing an act or violation identified in	2312
any of those divisions or becomes aware that on or after the date	2313
on which the license or temporary emergency license was issued the	2314
licensee has been convicted of or pleaded guilty to an offense	2315
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	2316
sheriff shall not consider that conviction, guilty plea, or	2317
adjudication as having occurred for purposes of divisions (A)(2),	2318
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	2319
the sealing or expungement of the records of that conviction,	2320
guilty plea, or adjudication pursuant to sections 2151.355 to	2321
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	2322
court has granted the licensee relief pursuant to section 2923.14	2323
of the Revised Code from the disability imposed pursuant to	2324
section 2923.13 of the Revised Code relative to that conviction,	2325
guilty plea, or adjudication.	2326

(D) As used in this section, "motor carrier enforcement unit"	2327
has the same meaning as in section 2923.16 of the Revised Code.	2328

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	2329
bureau of criminal identification and investigation, the employees	2330
of the bureau, the Ohio peace officer training commission, or the	2331
employees of the commission make a good faith effort in performing	2332
the duties imposed upon the sheriff, the superintendent, the	2333
bureau's employees, the commission, or the commission's employees	2334
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	2335
Revised Code, in addition to the personal immunity provided by	2336
section 9.86 of the Revised Code or division (A)(6) of section	2337
2744.03 of the Revised Code and the governmental immunity of	2338
sections 2744.02 and 2744.03 of the Revised Code and in addition	2339
to any other immunity possessed by the bureau, the commission, and	2340
their employees, the sheriff, the sheriff's office, the county in	2341
which the sheriff has jurisdiction, the bureau, the superintendent	2342
of the bureau, the bureau's employees, the commission, and the	2343
commission's employees are immune from liability in a civil action	2344
for injury, death, or loss to person or property that allegedly	2345
was caused by or related to any of the following:	2346

(a) The issuance, renewal, suspension, or revocation of a	2347
license to carry a concealed handgun or the issuance, suspension,	2348
or revocation of a temporary emergency license to carry a	2349
concealed handgun license;	2350

(b) The failure to issue, renew, suspend, or revoke a license	2351
to carry a concealed handgun or the failure to issue, suspend, or	2352
revoke a temporary emergency license to carry a concealed handgun	2353
license;	2354

(c) Any action or misconduct with a handgun committed by a	2355
licensee.	2356

(2) Any action of a sheriff relating to the issuance,	2357
renewal, suspension, or revocation of a license to carry a	2358
concealed handgun or the issuance, suspension, or revocation of a	2359
temporary emergency license to carry a concealed handgun license	2360
shall be considered to be a governmental function for purposes of	2361
Chapter 2744. of the Revised Code.	2362

(3) An entity that or instructor who provides a competency	2363
certification of a type described in division (B)(3) of section	2364
2923.125 of the Revised Code is immune from civil liability that	2365
might otherwise be incurred or imposed for any death or any injury	2366
or loss to person or property that is caused by or related to a	2367
person to whom the entity or instructor has issued the competency	2368
certificate if all of the following apply:	2369

(a) The alleged liability of the entity or instructor relates	2370
to the training provided in the course, class, or program covered	2371
by the competency certificate.	2372

(b) The entity or instructor makes a good faith effort in	2373
determining whether the person has satisfactorily completed the	2374
course, class, or program and makes a good faith effort in	2375
assessing the person in the competency examination conducted	2376
pursuant to division (G)(2) of section 2923.125 of the Revised	2377
Code.	2378

(c) The entity or instructor did not issue the competency	2379
certificate with malicious purpose, in bad faith, or in a wanton	2380
or reckless manner.	2381

(4) An entity that or instructor who, prior to the effective	2382
date of this amendment, provides a renewed competency	2383
certification of a type described in division (G)(4) of section	2384
2923.125 of the Revised Code as it existed prior to the effective	2385
date of this amendment is immune from civil liability that might	2386
otherwise be incurred or imposed for any death or any injury or	2387
loss to person or property that is caused by or related to a	2388
person to whom the entity or instructor has issued the renewed	2389
competency certificate if all of the following apply:	2390

(a) The entity or instructor makes a good faith effort in	2391
assessing the person in the physical demonstrations or the	2392
competency examination conducted pursuant to division (G)(4) of	2393
section 2923.125 of the Revised Code as it existed prior to the	2394
effective date of this amendment.	2395

(b) The entity or instructor did not issue the renewed	2396
competency certificate with malicious purpose, in bad faith, or in	2397
a wanton or reckless manner.	2398

(5) A law enforcement agency that employs a peace officer is	2399
immune from liability in a civil action to recover damages for	2400
injury, death, or loss to person or property allegedly caused by	2401
any act of that peace officer if the act occurred while the peace	2402
officer carried a concealed handgun and was off duty and if the	2403
act allegedly involved the peace officer's use of the concealed	2404
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	2405
Code apply to any civil action involving a peace officer's use of	2406
a concealed handgun in the performance of the peace officer's	2407
official duties while the peace officer is off duty.	2408

(B)(1) Notwithstanding section 149.43 of the Revised Code,	2409
except as provided in division (B)(2) of this section, the records	2410
that a sheriff keeps relative to the issuance, renewal,	2411
suspension, or revocation of a license to carry a concealed	2412
handgun or the issuance, suspension, or revocation of a temporary	2413
emergency license to carry a concealed handgun license, including,	2414
but not limited to, completed applications for the issuance or	2415
renewal of a license, completed affidavits submitted regarding an	2416
application for a license on a temporary emergency licensebasis,	2417
reports of criminal records checks and incompetency records checks	2418
under section 311.41 of the Revised Code, and applicants' social	2419
security numbers and fingerprints that are obtained under division	2420
(A) of section 311.41 of the Revised Code, are confidential and	2421
are not public records. Except as provided in division (B)(2) of	2422
this section, no person shall release or otherwise disseminate	2423
records that are confidential under this division unless required	2424
to do so pursuant to a court order.	2425

(2)(a) A journalist, on or after April 8, 2004, may submit to	2426
a sheriff a signed, written request to view the name, county of	2427
residence, and date of birth of each person to whom the sheriff	2428
has issued a license or replacement license to carry a concealed	2429
handgun, renewed a license to carry a concealed handgun, or issued	2430
a temporary emergency license or replacement temporary emergency	2431
license to carry a concealed handgun under section 2923.125 or	2432
2923.1213 of the Revised Codelicense, or a signed, written	2433
request to view the name, county of residence, and date of birth	2434
of each person for whom the sheriff has suspended or revoked a	2435
license to carry a concealed handgun or a temporary emergency	2436
license to carry a concealed handgun under section 2923.128 of the	2437
Revised Codelicense. The request shall include the journalist's	2438
name and title, shall include the name and address of the	2439
journalist's employer, and shall state that disclosure of the	2440
information sought would be in the public interest. If a	2441
journalist submits a signed, written request to the sheriff to	2442
view the information described in this division, the sheriff shall	2443
grant the journalist's request. The journalist shall not copy the	2444
name, county of residence, or date of birth of each person to or	2445
for whom the sheriff has issued, suspended, or revoked a license	2446
described in this division.	2447

(b) As used in division (B)(2) of this section, "journalist"	2448
means a person engaged in, connected with, or employed by any news	2449
medium, including a newspaper, magazine, press association, news	2450
agency, or wire service, a radio or television station, or a	2451
similar medium, for the purpose of gathering, processing,	2452
transmitting, compiling, editing, or disseminating information for	2453
the general public.	2454

(C) Each sheriff shall report to the Ohio peace officer	2455
training commission the number of licenses to carry a concealed	2456
handgun licenses that the sheriff issued, renewed, suspended,	2457
revoked, or denied under section 2923.125 of the Revised Code	2458
during the previous quarter of the calendar year, the number of	2459
applications for those licenses for which processing was suspended	2460
in accordance with division (D)(3) of section 2923.125 of the	2461
Revised Code during the previous quarter of the calendar year, and	2462
the number of concealed handgun licenses on a temporary emergency	2463
licenses to carry a concealed handgunbasis that the sheriff	2464
issued, suspended, revoked, or denied under section 2923.1213 of	2465
the Revised Code during the previous quarter of the calendar year.	2466
The sheriff shall not include in the report the name or any other	2467
identifying information of an applicant or licensee. The sheriff	2468
shall report that information in a manner that permits the	2469
commission to maintain the statistics described in division (D)(C)	2470
of section 109.731 of the Revised Code and to timely prepare the	2471
statistical report described in that division. The information	2472
that is received by the commission under this division is a public	2473
record kept by the commission for the purposes of section 149.43	2474
of the Revised Code.	2475

(D) Law enforcement agencies may use the information a	2476
sheriff makes available through the use of the law enforcement	2477
automated data system pursuant to division (H) of section 2923.125	2478
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	2479
for law enforcement purposes only. The information is confidential	2480
and is not a public record. A person who releases or otherwise	2481
disseminates this information obtained through the law enforcement	2482
automated data system in a manner not described in this division	2483
is guilty of a violation of section 2913.04 of the Revised Code.	2484

(E) Whoever violates division (B) of this section is guilty	2485
of illegal release of confidential concealed handgun license	2486
records, a felony of the fifth degree. In addition to any	2487
penalties imposed under Chapter 2929. of the Revised Code for a	2488
violation of division (B) of this section or a violation of	2489
section 2913.04 of the Revised Code described in division (D) of	2490
this section, if the offender is a sheriff, an employee of a	2491
sheriff, or any other public officer or employee, and if the	2492
violation was willful and deliberate, the offender shall be	2493
subject to a civil fine of one thousand dollars. Any person who is	2494
harmed by a violation of division (B) or (C) of this section or a	2495
violation of section 2913.04 of the Revised Code described in	2496
division (D) of this section has a private cause of action against	2497
the offender for any injury, death, or loss to person or property	2498
that is a proximate result of the violation and may recover court	2499
costs and attorney's fees related to the action.	2500

Sec. 2923.1210.  The application for a license to carry a	2501
concealed handgun license or for the renewal of a license of that	2502
nature that is to be used under section 2923.125 of the Revised	2503
Code shall conform substantially to the following forms:	2504

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				2505
		Please Type or Print in Ink				2506

SECTION I.				2507
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.				2508

SECTION II.	2509

Name:	2510

Last		First		Middle		2511
						2512

Social Security Number: ...............................	2513

Current Residence:	2514

Street	City	State	County	Zip		2515
............	............	............	...........	............		2516

Mailing Address (If Different From Above):	2517

Street	City	State	Zip		2518
............	............	............	..............		2519

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2520
...../..../....		............		....		.....		(...).........		2521

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2522

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2523
(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		2524
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2525
(3) Are you a fugitive from justice?		.... YES		.... NO		2526
(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		2527
(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		2528
(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		2529
(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		2530
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2531
(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		2532
(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		2533
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2534
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2535
(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		2536
(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		2537

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2538
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2539
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	2540
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	2541
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	2542
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	2543
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2544
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2545
AT THE END OF THIS SECTION.	2546

Residence 1:	2547

Street	City	State	County	Zip		2548
..........	..........	..........	..........	..........		2549
Dates of residence at this address				2550

Residence 2:	2551

Street	City	State	County	Zip		2552
..........	..........	..........	..........	..........		2553
Dates of residence at this address				2554

Residence 3:	2555

Street	City	State	County	Zip		2556
..........	..........	..........	..........	..........		2557
Dates of residence at this address				2558

Residence 4:	2559

Street	City	State	County	Zip		2560
..........	..........	..........	..........	..........		2561
Dates of residence at this address				2562

SECTION V.	2563

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2564
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2565
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2566
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2567
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2568
AT THE END OF THIS SECTION.	2569

(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

2570

(2) If your answer to the question in part (1) of this section of	2571
the application is "yes," you must complete this part by listing	2572
each county in Ohio, and each other state, in which you previously	2573
applied for either type of a license and, to the best of your	2574
knowledge, the date on which you made the application.	2575

Previous application made in .............. (insert name of Ohio	2576
county or other state) on ............... (insert date of	2577
application.)	2578

Previous application made in .............. (insert name of Ohio	2579
county or other state) on ............... (insert date of	2580
application.)	2581

Previous application made in .............. (insert name of Ohio	2582
county or other state) on ............... (insert date of	2583
application.)	2584

Previous application made in .............. (insert name of Ohio	2585
county or other state) on ............... (insert date of	2586
application.)	2587

SECTION VI.	2588

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2589
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2590
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2591
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2592
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2593

(1) I have read the pamphlet that explains the Ohio firearms laws,	2594
that provides instruction in dispute resolution and explains	2595
the Ohio laws related to that matter, and that provides	2596
information regarding all aspects of the use of deadly force	2597
with a firearm, and I am knowledgeable of the provisions of	2598
those laws and of the information on those matters.	2599

(2) I desire a legal means to carry a concealed handgun for	2600
defense of myself or a member of my family while engaged in	2601
lawful activity.	2602

(3) I have never been convicted of or pleaded guilty to a crime of	2603
violence in the state of Ohio or elsewhere (if you have been	2604
convicted of or pleaded guilty to such a crime, but the	2605
records of that conviction or guilty plea have been sealed or	2606
expunged by court order or a court has granted relief	2607
pursuant to section 2923.14 of the Revised Code from the	2608
disability imposed pursuant to section 2923.13 of the Revised	2609
Code relative to that conviction or guilty plea, you may	2610
treat the conviction or guilty plea for purposes of this	2611
paragraph as if it never had occurred). I am of sound mind. I	2612
hereby certify that the statements contained herein are true	2613
and correct to the best of my knowledge and belief. I	2614
understand that if I knowingly make any false statements	2615
herein I am subject to penalties prescribed by law. I	2616
authorize the sheriff or the sheriff's designee to inspect	2617
only those records or documents relevant to information	2618
required for this application.	2619

(4) The information contained in this application and all attached	2620
documents are true and correct to the best of my knowledge.	2621

			2622
	Signature of Applicant"		2623

"Ohio Peace Officer Training Commission		APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN				2624
		Please Type or Print in Ink				2625

SECTION I.				2626
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.				2627

SECTION II.	2628

Name:	2629

Last		First		Middle		2630
						2631

Social Security Number: ...............................	2632

Current Residence:	2633

Street	City	State	County	Zip		2634
............	............	............	...........	............		2635

Mailing Address (If Different From Above):	2636

Street	City	State	Zip		2637
............	............	............	..............		2638

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2639
...../..../....		............		....		.....		(...).........		2640

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2641

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2642
(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		2643
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2644
(3) Are you a fugitive from justice?		.... YES		.... NO		2645
(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		2646
(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		2647
(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		2648
(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		2649
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2650
(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		2651
(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		2652
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2653
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2654
(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		2655
(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		2656

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2657
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2658
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST	2659
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU	2660
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II	2661
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE	2662
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET	2663
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND	2664
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.	2665

Residence 1:	2666

Street	City	State	County	Zip		2667
..........	..........	..........	..........	..........		2668
Dates of residence at this address				2669

Residence 2:	2670

Street	City	State	County	Zip		2671
..........	..........	..........	..........	..........		2672
Dates of residence at this address				2673

Residence 3:	2674

Street	City	State	County	Zip		2675
..........	..........	..........	..........	..........		2676
Dates of residence at this address				2677

Residence 4:	2678

Street	City	State	County	Zip		2679
..........	..........	..........	..........	..........		2680
Dates of residence at this address				2681

SECTION V.	2682

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2683
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2684
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2685
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2686
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2687
AT THE END OF THIS SECTION.	2688

(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

2689

(2) If your answer to the question in part (1) of this section of	2690
the application is "yes," you must complete this part by listing	2691
each county in Ohio, and each other state, in which you previously	2692
applied for either type of a license and, to the best of your	2693
knowledge, the date on which you made the application.	2694

Previous application made in .............. (insert name of Ohio	2695
county or other state) on ............... (insert date of	2696
application.)	2697

Previous application made in .............. (insert name of Ohio	2698
county or other state) on ............... (insert date of	2699
application.)	2700

Previous application made in .............. (insert name of Ohio	2701
county or other state) on ............... (insert date of	2702
application.)	2703

Previous application made in .............. (insert name of Ohio	2704
county or other state) on ............... (insert date of	2705
application.)	2706

SECTION VI.	2707

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2708
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2709
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2710
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2711
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2712

(1) I have read the pamphlet that explains the Ohio firearms laws,	2713
that provides instruction in dispute resolution and explains	2714
the Ohio laws related to that matter, and that provides	2715
information regarding all aspects of the use of deadly force	2716
with a firearm, and I am knowledgeable of the provisions of	2717
those laws and of the information on those matters.	2718

(2) I desire a legal means to carry a concealed handgun for	2719
defense of myself or a member of my family while engaged in	2720
lawful activity.	2721

(3) I have never been convicted of or pleaded guilty to a crime of	2722
violence in the state of Ohio or elsewhere (if you have been	2723
convicted of or pleaded guilty to such a crime, but the	2724
records of that conviction or guilty plea have been sealed or	2725
expunged by court order or a court has granted relief	2726
pursuant to section 2923.14 of the Revised Code from the	2727
disability imposed pursuant to section 2923.13 of the Revised	2728
Code relative to that conviction or guilty plea, you may	2729
treat the conviction or guilty plea for purposes of this	2730
paragraph as if it never had occurred). I am of sound mind. I	2731
hereby certify that the statements contained herein are true	2732
and correct to the best of my knowledge and belief. I	2733
understand that if I knowingly make any false statements	2734
herein I am subject to penalties prescribed by law. I	2735
authorize the sheriff or the sheriff's designee to inspect	2736
only those records or documents relevant to information	2737
required for this application.	2738

(4) The information contained in this application and all attached	2739
documents are true and correct to the best of my knowledge.	2740

			2741
	Signature of Applicant"		2742

Sec. 2923.1211.  (A) No person shall alter a license or	2743
temporary emergency license to carry a concealed handgun that was	2744
issued pursuant to section 2923.125 or 2923.1213 of the Revised	2745
Codelicense or create a fictitious document that purports to be a	2746
license of that nature.	2747

(B) No person, except in the performance of official duties,	2748
shall possess a license to carry a concealed handgun license that	2749
was issued and that has been revoked or suspended pursuant to	2750
section 2923.128 of the Revised Code or a temporary emergency	2751
license to carry a concealed handgun that was issued and that has	2752
been revoked pursuant to section 2923.1213 of the Revised Code.	2753

(C) Whoever violates division (A) of this section is guilty	2754
of falsification of a concealed handgun license, a felony of the	2755
fifth degree. Whoever violates division (B) of this section is	2756
guilty of possessing a revoked or suspended concealed handgun	2757
license, a misdemeanor of the third degree.	2758

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

2759

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

2760

(a) A statement sworn by the person seeking to carry a	2761
concealed handgun that is made under threat of perjury and that	2762
states that the person has 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;	2765

(b) A written document prepared by a governmental entity or	2766
public official describing the facts that give the person seeking	2767
to carry a concealed handgun reasonable cause to fear a criminal	2768
attack upon the person or a member of the person's family, such as	2769
would justify a prudent person in going armed. Written documents	2770
of this nature include, but are not limited to, any temporary	2771
protection order, civil protection order, protection order issued	2772
by another state, or other court order, any court report, and any	2773
report filed with or made by a law enforcement agency or	2774
prosecutor.	2775

(2) "Prosecutor" has the same meaning as in section 2935.01	2776
of the Revised Code.	2777

(B)(1) A person seeking a temporary emergency license to	2778
carry a concealed handgun license on a temporary basis shall	2779
submit to the sheriff of the county in which the person resides	2780
all of the following:	2781

(a) Evidence of imminent danger to the person or a member of	2782
the person's family;	2783

(b) A sworn affidavit that contains all of the information	2784
required to be on the license and attesting that the person is	2785
legally living in the United States; is at least twenty-one years	2786
of age; is not a fugitive from justice; is not under indictment	2787
for or otherwise charged with an offense identified in division	2788
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	2789
convicted of or pleaded guilty to an offense, and has not been	2790
adjudicated a delinquent child for committing an act, identified	2791
in division (D)(1)(e) of that section and to which division (B)(3)	2792
of this section does not apply; within three years of the date of	2793
the submission, has not been convicted of or pleaded guilty to an	2794
offense, and has not been adjudicated a delinquent child for	2795
committing an act, identified in division (D)(1)(f) of that	2796
section and to which division (B)(3) of this section does not	2797
apply; within five years of the date of the submission, has not	2798
been convicted of, pleaded guilty, or adjudicated a delinquent	2799
child for committing two or more violations identified in division	2800
(D)(1)(g) of that section; within ten years of the date of the	2801
submission, has not been convicted of, pleaded guilty, or	2802
adjudicated a delinquent child for committing a violation	2803
identified in division (D)(1)(h) of that section and to which	2804
division (B)(3) of this section does not apply; has not been	2805
adjudicated as a mental defective, has not been committed to any	2806
mental institution, is not under adjudication of mental	2807
incompetence, has not been found by a court to be a mentally ill	2808
person subject to hospitalization by court order, and is not an	2809
involuntary patient other than one who is a patient only for	2810
purposes of observation, as described in division (D)(1)(i) of	2811
that section; is not currently subject to a civil protection	2812
order, a temporary protection order, or a protection order issued	2813
by a court of another state, as described in division (D)(1)(j) of	2814
that section; and is not currently subject to a suspension imposed	2815
under division (A)(2) of section 2923.128 of the Revised Code of a	2816
license to carry a concealed handgun, or a temporary emergency	2817
license to carry a concealed handgun,license that previously was	2818
issued to the person;	2819

(c) A nonrefundable temporary emergency license fee as	2820
described in either of the following:	2821

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

(ii) For an applicant who has been a resident of this state	2827
for less than five years, a fee of fifteen dollars plus the actual	2828
cost of having background checks performed by the federal bureau	2829
of investigation and the bureau of criminal identification and	2830
investigation pursuant to section 311.41 of the Revised Code.	2831

(d) A set of fingerprints of the applicant provided as	2832
described in section 311.41 of the Revised Code through use of an	2833
electronic fingerprint reading device or, if the sheriff to whom	2834
the application is submitted does not possess and does not have	2835
ready access to the use of an electronic fingerprint reading	2836
device, on a standard impression sheet prescribed pursuant to	2837
division (C)(2) of section 109.572 of the Revised Code. If the	2838
fingerprints are provided on a standard impression sheet, the	2839
person also shall provide the person's social security number to	2840
the sheriff.	2841

(2) A sheriff shall accept the evidence of imminent danger,	2842
the sworn affidavit, the fee, and the set of fingerprints required	2843
under division (B)(1) of this section at the times and in the	2844
manners described in division (I) of this section. Upon receipt of	2845
the evidence of imminent danger, the sworn affidavit, the fee, and	2846
the set of fingerprints required under division (B)(1) of this	2847
section, the sheriff, in the manner specified in section 311.41 of	2848
the Revised Code, immediately shall conduct or cause to be	2849
conducted the criminal records check and the incompetency records	2850
check described in section 311.41 of the Revised Code. Immediately	2851
upon receipt of the results of the records checks, the sheriff	2852
shall review the information and shall determine whether the	2853
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	2854
section 2923.125 of the Revised Code apply regarding the person.	2855
If the sheriff determines that all of criteria set forth in	2856
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	2857
Revised Code apply regarding the person, the sheriff shall	2858
immediately make available through the law enforcement automated	2859
data system all information that will be contained on the	2860
temporary emergency license for the person if one is issued, and	2861
the superintendent of the state highway patrol shall ensure that	2862
the system is so configured as to permit the transmission through	2863
the system of that information. Upon making that information	2864
available through the law enforcement automated data system, the	2865
sheriff shall immediately issue to the person a temporary	2866
emergency license to carry a concealed handgun license on a	2867
temporary emergency basis.	2868

If the sheriff denies the issuance of a temporary emergency	2869
license on a temporary emergency basis to the person, the sheriff	2870
shall specify the grounds for the denial in a written notice to	2871
the person. The person may appeal the denial, or challenge	2872
criminal records check results that were the basis of the denial	2873
if applicable, in the same manners specified in division (D)(2) of	2874
section 2923.125 and in section 2923.127 of the Revised Code,	2875
regarding the denial of an application for a license to carry a	2876
concealed handgun license under that section.	2877

The temporary emergency license on a temporary emergency	2878
basis issued under this division shall be in the form, and shall	2879
include all of the information, described in divisions (A)(2) and	2880
(5) of section 109.731 of the Revised Code, and also shall include	2881
a unique combination of identifying letters and numbers in	2882
accordance with division (A)(4) of that section.	2883

The temporary emergency license on a temporary emergency	2884
basis issued under this division is valid for ninety days and may	2885
not be renewed. A person who has been issued a temporary emergency	2886
license on a temporary emergency basis under this division shall	2887
not be issued another temporary emergency license on a temporary	2888
emergency basis unless at least four years has expired since the	2889
issuance of the prior temporary emergency license on a temporary	2890
emergency basis.	2891

(3) If a person seeking a temporary emergency license to	2892
carry a concealed handgun license on a temporary emergency basis	2893
has been convicted of or pleaded guilty to an offense identified	2894
in division (D)(1)(e), (f), or (h) of section 2923.125 of the	2895
Revised Code or has been adjudicated a delinquent child for	2896
committing an act or violation identified in any of those	2897
divisions, and if a court has ordered the sealing or expungement	2898
of the records of that conviction, guilty plea, or adjudication	2899
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	2900
2953.36 of the Revised Code or a court has granted the applicant	2901
relief pursuant to section 2923.14 of the Revised Code from the	2902
disability imposed pursuant to section 2923.13 of the Revised Code	2903
relative to that conviction, guilty plea, or adjudication, the	2904
conviction, guilty plea, or adjudication shall not be relevant for	2905
purposes of the sworn affidavit described in division (B)(1)(b) of	2906
this section, and the person may complete, and swear to the truth	2907
of, the affidavit as if the conviction, guilty plea, or	2908
adjudication never had occurred.	2909

(4) The sheriff shall waive the payment pursuant to division	2910
(B)(1)(c) of this section of the license fee in connection with an	2911
application that is submitted by an applicant who is a retired	2912
peace officer, a retired person described in division (B)(1)(b) of	2913
section 109.77 of the Revised Code, or a retired federal law	2914
enforcement officer who, prior to retirement, was authorized under	2915
federal law to carry a firearm in the course of duty, unless the	2916
retired peace officer, person, or federal law enforcement officer	2917
retired as the result of a mental disability.	2918

The sheriff shall deposit all fees paid by an applicant under	2919
division (B)(1)(c) of this section into the sheriff's concealed	2920
handgun license issuance fund established pursuant to section	2921
311.42 of the Revised Code.	2922

(C) A person who holds a temporary emergency license to carry	2923
a concealed handgun license on a temporary emergency basis has the	2924
same right to carry a concealed handgun as a person who was issued	2925
a license to carry a concealed handgun license under section	2926
2923.125 of the Revised Code, and any exceptions to the	2927
prohibitions contained in section 1547.69 and sections 2923.12 to	2928
2923.16 of the Revised Code for a licensee under section 2923.125	2929
of the Revised Code apply to a licensee under this section. The	2930
person is subject to the same restrictions, and to all other	2931
procedures, duties, and sanctions, that apply to a person who	2932
carries a license issued under section 2923.125 of the Revised	2933
Code, other than the license renewal procedures set forth in that	2934
section.	2935

(D) A sheriff who issues a temporary emergency license to	2936
carry a concealed handgun license on a temporary emergency basis	2937
under this section shall not require a person seeking to carry a	2938
concealed handgun in accordance with this section to submit a	2939
competency certificate as a prerequisite for issuing the license	2940
and shall comply with division (H) of section 2923.125 of the	2941
Revised Code in regards to the license. The sheriff shall suspend	2942
or revoke the license in accordance with section 2923.128 of the	2943
Revised Code. In addition to the suspension or revocation	2944
procedures set forth in section 2923.128 of the Revised Code, the	2945
sheriff may revoke the license upon receiving information,	2946
verifiable by public documents, that the person is not eligible to	2947
possess a firearm under either the laws of this state or of the	2948
United States or that the person committed perjury in obtaining	2949
the license; if the sheriff revokes a license under this	2950
additional authority, the sheriff shall notify the person, by	2951
certified mail, return receipt requested, at the person's last	2952
known residence address that the license has been revoked and that	2953
the person is required to surrender the license at the sheriff's	2954
office within ten days of the date on which the notice was mailed.	2955
Division (H) of section 2923.125 of the Revised Code applies	2956
regarding any suspension or revocation of a temporary emergency	2957
license to carry a concealed handgun license on a temporary	2958
emergency basis.	2959

(E) A sheriff who issues a temporary emergency license to	2960
carry a concealed handgun license on a temporary emergency basis	2961
under this section shall retain, for the entire period during	2962
which the temporary emergency license is in effect, the evidence	2963
of imminent danger that the person submitted to the sheriff and	2964
that was the basis for the license, or a copy of that evidence, as	2965
appropriate.	2966

(F) If a temporary emergency license to carry a concealed	2967
handgun license on a temporary emergency basis issued under this	2968
section is lost or is destroyed, the licensee may obtain from the	2969
sheriff who issued that license a duplicate license upon the	2970
payment of a fee of fifteen dollars and the submission of an	2971
affidavit attesting to the loss or destruction of the license. The	2972
sheriff, in accordance with the procedures prescribed in section	2973
109.731 of the Revised Code, shall place on the replacement	2974
license a combination of identifying numbers different from the	2975
combination on the license that is being replaced.	2976

(G) The Ohio peace officer training commission shall	2977
prescribe, and shall make available to sheriffs, a standard form	2978
to be used under division (B) of this section by a person who	2979
applies for a temporary emergency license to carry a concealed	2980
handgun license on a temporary emergency basis on the basis of	2981
imminent danger of a type described in division (A)(1)(a) of this	2982
section.	2983

(H) A sheriff who receives any fees paid by a person under	2984
this section shall deposit all fees so paid into the sheriff's	2985
concealed handgun license issuance expense fund established under	2986
section 311.42 of the Revised Code.	2987

(I) A sheriff shall accept evidence of imminent danger, a	2988
sworn affidavit, the fee, and the set of fingerprints specified in	2989
division (B)(1) of this section at any time during normal business	2990
hours. In no case shall a sheriff require an appointment, or	2991
designate a specific period of time, for the submission or	2992
acceptance of evidence of imminent danger, a sworn affidavit, the	2993
fee, and the set of fingerprints specified in division (B)(1) of	2994
this section, or for the provision to any person of a standard	2995
form to be used for a person to apply for a temporary emergency	2996
license to carry a concealed handgun license on a temporary	2997
emergency basis.	2998

Sec. 2923.16.  (A) No person shall knowingly discharge a	2999
firearm while in or on a motor vehicle.	3000

(B) No person shall knowingly transport or have a loaded	3001
firearm in a motor vehicle in such a manner that the firearm is	3002
accessible to the operator or any passenger without leaving the	3003
vehicle.	3004

(C) No person shall knowingly transport or have a firearm in	3005
a motor vehicle, unless the person may lawfully possess that	3006
firearm under applicable law of this state or the United States,	3007
the firearm is unloaded, and the firearm is carried in one of the	3008
following ways:	3009

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

3010

(2) In a compartment that can be reached only by leaving the	3011
vehicle;	3012

(3) In plain sight and secured in a rack or holder made for	3013
the purpose;	3014

(4) If the firearm is at least twenty-four inches in overall	3015
length as measured from the muzzle to the part of the stock	3016
furthest from the muzzle and if the barrel is at least eighteen	3017
inches in length, either in plain sight with the action open or	3018
the weapon stripped, or, if the firearm is of a type on which the	3019
action will not stay open or which cannot easily be stripped, in	3020
plain sight.	3021

(D) No person shall knowingly transport or have a loaded	3022
handgun in a motor vehicle if, at the time of that transportation	3023
or possession, any of the following applies:	3024

(1) The person is under the influence of alcohol, a drug of	3025
abuse, or a combination of them.	3026

(2) The person's whole blood, blood serum or plasma, breath,	3027
or urine contains a concentration of alcohol, a listed controlled	3028
substance, or a listed metabolite of a controlled substance	3029
prohibited for persons operating a vehicle, as specified in	3030
division (A) of section 4511.19 of the Revised Code, regardless of	3031
whether the person at the time of the transportation or possession	3032
as described in this division is the operator of or a passenger in	3033
the motor vehicle.	3034

(E) No person who has been issued a license or temporary	3035
emergency license to carry a concealed handgun under section	3036
2923.125 or 2923.1213 of the Revised Code or a license to carry a	3037
concealed handgun that was issued to the person by another state	3038
with which the attorney general has entered into a reciprocity	3039
agreement under section 109.69 of the Revised Codelicense, who is	3040
the driver or an occupant of a motor vehicle that is stopped as a	3041
result of a traffic stop or a stop for another law enforcement	3042
purpose or is the driver or an occupant of a commercial motor	3043
vehicle that is stopped by an employee of the motor carrier	3044
enforcement unit for the purposes defined in section 5503.34 of	3045
the Revised Code, and who is transporting or has a loaded handgun	3046
in the motor vehicle or commercial motor vehicle in any manner,	3047
shall do any of the following:	3048

(1) Fail to promptly inform any law enforcement officer 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 motor vehicle;	3053

(2) Fail to promptly inform the employee of the unit who	3054
approaches the vehicle while stopped that the person has been	3055
issued a license or temporary emergency license to carry a	3056
concealed handgun license and that the person then possesses or	3057
has a loaded handgun in the commercial motor vehicle;	3058

(3) Knowingly fail to remain in the motor vehicle while	3059
stopped or knowingly fail to keep the person's hands in plain	3060
sight at any time after any law enforcement officer begins	3061
approaching the person while stopped and before the law	3062
enforcement officer leaves, unless the failure is pursuant to and	3063
in accordance with directions given by a law enforcement officer;	3064

(4) Knowingly have contact with the loaded handgun by	3065
touching it with the person's hands or fingers in the motor	3066
vehicle at any time after the law enforcement officer begins	3067
approaching and before the law enforcement officer leaves, unless	3068
the person removes, attempts to remove, grasps, holds, or has	3069
contact with the loaded handgun pursuant to and in accordance with	3070
directions given by the law enforcement officer;	3071

(5) Knowingly disregard or fail to comply with any lawful	3072
order of any law enforcement officer given while the motor vehicle	3073
is stopped, including, but not limited to, a specific order to the	3074
person to keep the person's hands in plain sight.	3075

(F)(1) Divisions (A), (B), (C), and (E) of this section do	3076
not apply to any of the following:	3077

(a) An officer, agent, or employee of this or any other state	3078
or the United States, or a law enforcement officer, when	3079
authorized to carry or have loaded or accessible firearms in motor	3080
vehicles and acting within the scope of the officer's, agent's, or	3081
employee's duties;	3082

(b) Any person who is employed in this state, who is	3083
authorized to carry or have loaded or accessible firearms in motor	3084
vehicles, and who is subject to and in compliance with the	3085
requirements of section 109.801 of the Revised Code, unless the	3086
appointing authority of the person has expressly specified that	3087
the exemption provided in division (F)(1)(b) of this section does	3088
not apply to the person.	3089

(2) Division (A) of this section does not apply to a person	3090
if all of the following circumstances apply:	3091

(a) The person discharges a firearm from a motor vehicle at a	3092
coyote or groundhog, the discharge is not during the deer gun	3093
hunting season as set by the chief of the division of wildlife of	3094
the department of natural resources, and the discharge at the	3095
coyote or groundhog, but for the operation of this section, is	3096
lawful.	3097

(b) The motor vehicle from which the person discharges the	3098
firearm is on real property that is located in an unincorporated	3099
area of a township and that either is zoned for agriculture or is	3100
used for agriculture.	3101

(c) The person owns the real property described in division	3102
(F)(2)(b) of this section, is the spouse or a child of another	3103
person who owns that real property, is a tenant of another person	3104
who owns that real property, or is the spouse or a child of a	3105
tenant of another person who owns that real property.	3106

(d) The person does not discharge the firearm in any of the	3107
following manners:	3108

(i) While under the influence of alcohol, a drug of abuse, or	3109
alcohol and a drug of abuse;	3110

(ii) In the direction of a street, highway, or other public	3111
or private property used by the public for vehicular traffic or	3112
parking;	3113

(iii) At or into an occupied structure that is a permanent or	3114
temporary habitation;	3115

(iv) In the commission of any violation of law, including,	3116
but not limited to, a felony that includes, as an essential	3117
element, purposely or knowingly causing or attempting to cause the	3118
death of or physical harm to another and that was committed by	3119
discharging a firearm from a motor vehicle.	3120

(3) Division (A) of this section does not apply to a person	3121
if all of the following apply:	3122

(a) The person possesses a valid electric-powered all-purpose	3123
vehicle permit issued under section 1533.103 of the Revised Code	3124
by the chief of the division of wildlife.	3125

(b) The person discharges a firearm at a wild quadruped or	3126
game bird as defined in section 1531.01 of the Revised Code during	3127
the open hunting season for the applicable wild quadruped or game	3128
bird.	3129

(c) The person discharges a firearm from a stationary	3130
electric-powered all-purpose vehicle as defined in section 1531.01	3131
of the Revised Code or a motor vehicle that is parked on a road	3132
that is owned or administered by the division of wildlife,	3133
provided that the road is identified by an electric-powered	3134
all-purpose vehicle sign.	3135

(d) The person does not discharge the firearm in any of the	3136
following manners:	3137

(i) While under the influence of alcohol, a drug of abuse, or	3138
alcohol and a drug of abuse;	3139

(ii) In the direction of a street, a highway, or other public	3140
or private property that is used by the public for vehicular	3141
traffic or parking;	3142

(iii) At or into an occupied structure that is a permanent or	3143
temporary habitation;	3144

(iv) In the commission of any violation of law, including,	3145
but not limited to, a felony that includes, as an essential	3146
element, purposely or knowingly causing or attempting to cause the	3147
death of or physical harm to another and that was committed by	3148
discharging a firearm from a motor vehicle.	3149

(4) Divisions (B) and (C) of this section do not apply to a	3150
person if all of the following circumstances apply:	3151

(a) At the time of the alleged violation of either of those	3152
divisions, the person is the operator of or a passenger in a motor	3153
vehicle.	3154

(b) The motor vehicle is on real property that is located in	3155
an unincorporated area of a township and that either is zoned for	3156
agriculture or is used for agriculture.	3157

(c) The person owns the real property described in division	3158
(D)(4)(b) of this section, is the spouse or a child of another	3159
person who owns that real property, is a tenant of another person	3160
who owns that real property, or is the spouse or a child of a	3161
tenant of another person who owns that real property.	3162

(d) The person, prior to arriving at the real property	3163
described in division (D)(4)(b) of this section, did not transport	3164
or possess a firearm in the motor vehicle in a manner prohibited	3165
by division (B) or (C) of this section while the motor vehicle was	3166
being operated on a street, highway, or other public or private	3167
property used by the public for vehicular traffic or parking.	3168

(5) Divisions (B) and (C) of this section do not apply to a	3169
person who transports or possesses a handgun in a motor vehicle	3170
if, at the time of that transportation or possession, both of the	3171
following apply:	3172

(a) The person transporting or possessing the handgun is	3173
carrying a valid license or temporary emergency license to carry a	3174
concealed handgun issued to the person under section 2923.125 or	3175
2923.1213 of the Revised Code or a license to carry a concealed	3176
handgun that was issued by another state with which the attorney	3177
general has entered into a reciprocity agreement under section	3178
109.69 of the Revised Codelicense.	3179

(b) The person transporting or possessing the handgun is not	3180
knowingly in a place described in division (B) of section 2923.126	3181
of the Revised Code.	3182

(6) Divisions (B) and (C) of this section do not apply to a	3183
person if all of the following apply:	3184

(a) The person possesses a valid electric-powered all-purpose	3185
vehicle permit issued under section 1533.103 of the Revised Code	3186
by the chief of the division of wildlife.	3187

(b) The person is on or in an electric-powered all-purpose	3188
vehicle as defined in section 1531.01 of the Revised Code or a	3189
motor vehicle during the open hunting season for a wild quadruped	3190
or game bird.	3191

(c) The person is on or in an electric-powered all-purpose	3192
vehicle as defined in section 1531.01 of the Revised Code or a	3193
motor vehicle that is parked on a road that is owned or	3194
administered by the division of wildlife, provided that the road	3195
is identified by an electric-powered all-purpose vehicle sign.	3196

(G)(1) The affirmative defenses authorized in divisions	3197
(D)(1) and (2) of section 2923.12 of the Revised Code are	3198
affirmative defenses to a charge under division (B) or (C) of this	3199
section that involves a firearm other than a handgun.	3200

(2) It is an affirmative defense to a charge under division	3201
(B) or (C) of this section of improperly handling firearms in a	3202
motor vehicle that the actor transported or had the firearm in the	3203
motor vehicle for any lawful purpose and while the motor vehicle	3204
was on the actor's own property, provided that this affirmative	3205
defense is not available unless the person, immediately prior to	3206
arriving at the actor's own property, did not transport or possess	3207
the firearm in a motor vehicle in a manner prohibited by division	3208
(B) or (C) of this section while the motor vehicle was being	3209
operated on a street, highway, or other public or private property	3210
used by the public for vehicular traffic.	3211

(H)(1) No person who is charged with a violation of division	3212
(B), (C), or (D) of this section shall be required to obtain a	3213
license or temporary emergency license to carry a concealed	3214
handgun under section 2923.125 or 2923.1213 of the Revised Code	3215
license as a condition for the dismissal of the charge.	3216

(2)(a) If a person is convicted of, was convicted of, pleads	3217
guilty to, or has pleaded guilty to a violation of division (E) of	3218
this section as it existed prior to the effective date of this	3219
amendmentSeptember 30, 2011, and if the conduct that was the	3220
basis of the violation no longer would be a violation of division	3221
(E) of this section on or after the effective date of this	3222
amendmentSeptember 30, 2011, the person may file an application	3223
under section 2953.37 of the Revised Code requesting the	3224
expungement of the record of conviction.	3225

If a person is convicted of, was convicted of, pleads guilty	3226
to, or has pleaded guilty to a violation of division (B) or (C) of	3227
this section as the division existed prior to the effective date	3228
of this amendmentSeptember 30, 2011, and if the conduct that was	3229
the basis of the violation no longer would be a violation of	3230
division (B) or (C) of this section on or after the effective date	3231
of this amendmentSeptember 30, 2011, due to the application of	3232
division (F)(5) of this section as it exists on and after the	3233
effective date of this amendmentSeptember 30, 2011, the person	3234
may file an application under section 2953.37 of the Revised Code	3235
requesting the expungement of the record of conviction.	3236

(b) The attorney general shall develop a public media	3237
advisory that summarizes the expungement procedure established	3238
under section 2953.37 of the Revised Code and the offenders	3239
identified in division (H)(2)(a) of this section who are	3240
authorized to apply for the expungement. Within thirty days after	3241
the effective date of this amendmentSeptember 30, 2011, the	3242
attorney general shall provide a copy of the advisory to each	3243
daily newspaper published in this state and each television	3244
station that broadcasts in this state. The attorney general may	3245
provide the advisory in a tangible form, an electronic form, or in	3246
both tangible and electronic forms.	3247

(I) Whoever violates this section is guilty of improperly	3248
handling firearms in a motor vehicle. Violation of division (A) of	3249
this section is a felony of the fourth degree. Violation of	3250
division (C) of this section is a misdemeanor of the fourth	3251
degree. A violation of division (D) of this section is a felony of	3252
the fifth degree or, if the loaded handgun is concealed on the	3253
person's person, a felony of the fourth degree. Except as	3254
otherwise provided in this division, a violation of division	3255
(E)(1) or (2) of this section is a misdemeanor of the first	3256
degree, and, in addition to any other penalty or sanction imposed	3257
for the violation, the offender's license or temporary emergency	3258
license to carry a concealed handgun license shall be suspended	3259
pursuant to division (A)(2) of section 2923.128 of the Revised	3260
Code. If at the time of the stop of the offender for a traffic	3261
stop, for another law enforcement purpose, or for a purpose	3262
defined in section 5503.34 of the Revised Code that was the basis	3263
of the violation any law enforcement officer involved with the	3264
stop or the employee of the motor carrier enforcement unit who	3265
made the stop had actual knowledge of the offender's status as a	3266
licensee, a violation of division (E)(1) or (2) of this section is	3267
a minor misdemeanor, and the offender's license or temporary	3268
emergency license to carry a concealed handgun license shall not	3269
be suspended pursuant to division (A)(2) of section 2923.128 of	3270
the Revised Code. A violation of division (E)(4) of this section	3271
is a felony of the fifth degree. A violation of division (E)(3) or	3272
(5) of this section is a misdemeanor of the first degree or, if	3273
the offender previously has been convicted of or pleaded guilty to	3274
a violation of division (E)(3) or (5) of this section, a felony of	3275
the fifth degree. In addition to any other penalty or sanction	3276
imposed for a misdemeanor violation of division (E)(3) or (5) of	3277
this section, the offender's license or temporary emergency	3278
license to carry a concealed handgun license shall be suspended	3279
pursuant to division (A)(2) of section 2923.128 of the Revised	3280
Code. A violation of division (B) of this section is a felony of	3281
the fourth degree.	3282

(J) If a law enforcement officer stops a motor vehicle for a	3283
traffic stop or any other purpose, if any person in the motor	3284
vehicle surrenders a firearm to the officer, either voluntarily or	3285
pursuant to a request or demand of the officer, and if the officer	3286
does not charge the person with a violation of this section or	3287
arrest the person for any offense, the person is not otherwise	3288
prohibited by law from possessing the firearm, and the firearm is	3289
not contraband, the officer shall return the firearm to the person	3290
at the termination of the stop. If a court orders a law	3291
enforcement officer to return a firearm to a person pursuant to	3292
the requirement set forth in this division, division (B) of	3293
section 2923.163 of the Revised Code applies.	3294

(K) As used in this section:

3295

(1) "Motor vehicle," "street," and "highway" have the same	3296
meanings as in section 4511.01 of the Revised Code.	3297

(2) "Occupied structure" has the same meaning as in section	3298
2909.01 of the Revised Code.	3299

(3) "Agriculture" has the same meaning as in section 519.01	3300
of the Revised Code.	3301

(4) "Tenant" has the same meaning as in section 1531.01 of	3302
the Revised Code.	3303

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

3304

(a) No ammunition is in the firearm in question, and no	3305
ammunition is loaded into a magazine or speed loader that may be	3306
used withis inserted into the firearm in question and that is	3307
located anywhere within the vehicle in question, without regard to	3308
where ammunitionthe loaded magazine or speed loader otherwise is	3309
located within the vehicle in question. For the purposes of	3310
division (K)(5)(a) of this section, ammunition held in	3311
stripper-clips or in en-bloc clips is not considered ammunition	3312
that is loaded into a magazine or speed loader.	3313

(b) With respect to a firearm employing a percussion cap,	3314
flintlock, or other obsolete ignition system, when the weapon is	3315
uncapped or when the priming charge is removed from the pan.	3316

(6) "Commercial motor vehicle" has the same meaning as in	3317
division (A) of section 4506.25 of the Revised Code.	3318

(7) "Motor carrier enforcement unit" means the motor carrier	3319
enforcement unit in the department of public safety, division of	3320
state highway patrol, that is created by section 5503.34 of the	3321
Revised Code.	3322

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

3323

(1) "Expunge" means to destroy, delete, and erase a record as	3324
appropriate for the record's physical or electronic form or	3325
characteristic so that the record is permanently irretrievable.	3326

(2) "Official records" has the same meaning as in section	3327
2953.51 of the Revised Code.	3328

(3) "Prosecutor" has the same meaning as in section 2953.31	3329
of the Revised Code.	3330

(4) "Record of conviction" means the record related to a	3331
conviction of or plea of guilty to an offense.	3332

(B) Any person who is convicted of, was convicted of, pleads	3333
guilty to, or has pleaded guilty to a violation of division (B),	3334
(C), or (E) of section 2923.16 of the Revised Code as the division	3335
existed prior to the effective date of this sectionSeptember 30,	3336
2011, and who is authorized by division (H)(2)(a) of that section	3337
to file an application under this section for the expungement of	3338
the conviction record may apply to the sentencing court for the	3339
expungement of the record of conviction. The person may file the	3340
application at any time on or after the effective date of this	3341
sectionSeptember 30, 2011. The application shall do all of the	3342
following:	3343

(1) Identify the applicant, the offense for which the	3344
expungement is sought, the date of the conviction of or plea of	3345
guilty to that offense, and the court in which the conviction	3346
occurred or the plea of guilty was entered;	3347

(2) Include evidence that the offense was a violation of	3348
division (B), (C), or (E) of section 2923.16 of the Revised Code	3349
as the division existed prior to the effective date of this	3350
sectionSeptember 30, 2011, and that the applicant is authorized	3351
by division (H)(2)(a) of that section to file an application under	3352
this section;	3353

(3) Include a request for expungement of the record of	3354
conviction of that offense under this section.	3355

(C) Upon the filing of an application under division (B) of	3356
this section and the payment of the fee described in division	3357
(D)(3) of this section if applicable, the court shall set a date	3358
for a hearing and shall notify the prosecutor for the case of the	3359
hearing on the application. The prosecutor may object to the	3360
granting of the application by filing an objection with the court	3361
prior to the date set for the hearing. The prosecutor shall	3362
specify in the objection the reasons for believing a denial of the	3363
application is justified. The court shall direct its regular	3364
probation officer, a state probation officer, or the department of	3365
probation of the county in which the applicant resides to make	3366
inquiries and written reports as the court requires concerning the	3367
applicant. The court shall hold the hearing scheduled under this	3368
division.	3369

(D)(1) At the hearing held under division (C) of this	3370
section, the court shall do each of the following:	3371

(a) Determine whether the applicant has been convicted of or	3372
pleaded guilty to a violation of division (E) of section 2923.16	3373
of the Revised Code as the division existed prior to the effective	3374
date of this sectionSeptember 30, 2011, and whether the conduct	3375
that was the basis of the violation no longer would be a violation	3376
of that division on or after the effective date of this section	3377
September 30, 2011;	3378

(b) Determine whether the applicant has been convicted of or	3379
pleaded guilty to a violation of division (B) or (C) of section	3380
2923.16 of the Revised Code as the division existed prior to the	3381
effective date of this sectionSeptember 30, 2011, and whether the	3382
conduct that was the basis of the violation no longer would be a	3383
violation of that division on or after the effective date of this	3384
sectionSeptember 30, 2011, due to the application of division	3385
(F)(5) of that section as it exists on and after the effective	3386
date of this sectionSeptember 30, 2011;	3387

(c) If the prosecutor has filed an objection in accordance	3388
with division (C) of this section, consider the reasons against	3389
granting the application specified by the prosecutor in the	3390
objection;	3391

(d) Weigh the interests of the applicant in having the	3392
records pertaining to the applicant's conviction or guilty plea	3393
expunged against the legitimate needs, if any, of the government	3394
to maintain those records.	3395

(2)(a) The court may order the expungement of all official	3396
records pertaining to the case and the deletion of all index	3397
references to the case and, if it does order the expungement,	3398
shall send notice of the order to each public office or agency	3399
that the court has reason to believe may have an official record	3400
pertaining to the case if the court, after complying with division	3401
(D)(1) of this section, determines both of the following:	3402

(i) That the applicant has been convicted of or pleaded	3403
guilty to a violation of division (E) of section 2923.16 of the	3404
Revised Code as it existed prior to the effective date of this	3405
sectionSeptember 30, 2011, and the conduct that was the basis of	3406
the violation no longer would be a violation of that division on	3407
or after the effective date of this sectionSeptember 30, 2011, or	3408
that the applicant has been convicted of or pleaded guilty to a	3409
violation of division (B) or (C) of section 2923.16 of the Revised	3410
Code as the division existed prior to the effective date of this	3411
sectionSeptember 30, 2011, and the conduct that was the basis of	3412
the violation no longer would be a violation of that division on	3413
or after the effective date of this sectionSeptember 30, 2011,	3414
due to the application of division (F)(5) of that section as it	3415
exists on and after the effective date of this sectionSeptember	3416
30, 2011;	3417

(ii) That the interests of the applicant in having the	3418
records pertaining to the applicant's conviction or guilty plea	3419
expunged are not outweighed by any legitimate needs of the	3420
government to maintain those records.	3421

(b) The proceedings in the case that is the subject of an	3422
order issued under division (D)(2)(a) of this section shall be	3423
considered not to have occurred and the conviction or guilty plea	3424
of the person who is the subject of the proceedings shall be	3425
expunged. The record of the conviction shall not be used for any	3426
purpose, including, but not limited to, a criminal records check	3427
under section 109.572 of the Revised Code or a determination under	3428
section 2923.125 or 2923.1212 of the Revised Code of eligibility	3429
for a license or temporary emergency license to carry a concealed	3430
handgun license. The applicant may, and the court shall, reply	3431
that no record exists with respect to the applicant upon any	3432
inquiry into the matter.	3433

(3) Upon the filing of an application under this section, the	3434
applicant, unless indigent, shall pay a fee of fifty dollars. The	3435
court shall pay thirty dollars of the fee into the state treasury	3436
and shall pay twenty dollars of the fee into the county general	3437
revenue fund.	3438

Section 2.  That existing sections 109.69, 109.731, 311.41,	3439
311.42, 1547.69, 2921.13, 2923.11, 2923.12, 2923.121, 2923.122,	3440
2923.123, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128,	3441
2923.129, 2923.1210, 2923.1211, 2923.1213, 2923.16, and 2953.37 of	3442
the Revised Code are hereby repealed.	3443