As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Am. Sub. 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 

Senators Faber, Balderson, Beagle, Burke, Coley, Eklund, Hite, Jordan, Obhof, Patton, Peterson, Schaffer, Seitz, Wagoner 

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A BILL

To amend sections 105.41, 109.69, 109.731, 152.08,

1

311.41, 311.42, 1547.69, 2921.13, 2923.11,

2

2923.12, 2923.121, 2923.122, 2923.123, 2923.124,

3

2923.125, 2923.126, 2923.127, 2923.128, 2923.129,

4

2923.1210, 2923.1211, 2923.1213, 2923.16, and

5

2953.37 of the Revised Code to repeal the

6

competency certification currently required for

7

renewal of a concealed handgun license; to revise

8

the definition of "unloaded" that applies to the

9

offense of "improperly handling firearms in a

10

motor vehicle" and the related vessel-based

11

offense; to specify the authority of any person to

12

store a firearm in the Statehouse Underground

13

Parking Garage or the Riffe Center Parking Garage;

14

and to simplify, through the use of new

15

definitions, the law regarding concealed handgun

16

licenses.

17

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

Section 1.  That sections 105.41, 109.69, 109.731, 152.08,	18
311.41, 311.42, 1547.69, 2921.13, 2923.11, 2923.12, 2923.121,	19
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.127,	20
2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1213, 2923.16, and	21
2953.37 of the Revised Code be amended to read as follows:	22

Sec. 105.41.  (A) There is hereby created in the legislative	23
branch of government the capitol square review and advisory board,	24
consisting of twelve members as follows:	25

(1) Two members of the senate, appointed by the president of	26
the senate, both of whom shall not be members of the same	27
political party;	28

(2) Two members of the house of representatives, appointed by	29
the speaker of the house of representatives, both of whom shall	30
not be members of the same political party;	31

(3) Four members appointed by the governor, with the advice	32
and consent of the senate, not more than three of whom shall be	33
members of the same political party, one of whom shall be the	34
chief of staff of the governor's office, one of whom shall	35
represent the Ohio arts council, one of whom shall represent the	36
Ohio historical society, and one of whom shall represent the	37
public at large;	38

(4) One member, who shall be a former president of the	39
senate, appointed by the current president of the senate. If the	40
current president of the senate, in the current president's	41
discretion, decides for any reason not to make the appointment or	42
if no person is eligible or available to serve, the seat shall	43
remain vacant.	44

(5) One member, who shall be a former speaker of the house of	45
representatives, appointed by the current speaker of the house of	46
representatives. If the current speaker of the house of	47
representatives, in the current speaker's discretion, decides for	48
any reason not to make the appointment or if no person is eligible	49
or available to serve, the seat shall remain vacant.	50

(6) The clerk of the senate and the clerk of the house of	51
representatives.	52

(B) Terms of office of each appointed member of the board	53
shall be for three years, except that members of the general	54
assembly appointed to the board shall be members of the board only	55
so long as they are members of the general assembly and the chief	56
of staff of the governor's office shall be a member of the board	57
only so long as the appointing governor remains in office. Each	58
member shall hold office from the date of the member's appointment	59
until the end of the term for which the member was appointed. In	60
case of a vacancy occurring on the board, the president of the	61
senate, the speaker of the house of representatives, or the	62
governor, as the case may be, shall in the same manner prescribed	63
for the regular appointment to the commission, fill the vacancy by	64
appointing a member. Any member appointed to fill a vacancy	65
occurring prior to the expiration of the term for which the	66
member's predecessor was appointed shall hold office for the	67
remainder of the term. Any appointed member shall continue in	68
office subsequent to the expiration date of the member's term	69
until the member's successor takes office, or until a period of	70
sixty days has elapsed, whichever occurs first.	71

(C) The board shall hold meetings in a manner and at times	72
prescribed by the rules adopted by the board. A majority of the	73
board constitutes a quorum, and no action shall be taken by the	74
board unless approved by at least six members or by at least seven	75
members if a person is appointed under division (A)(4) or (5) of	76
this section. At its first meeting, the board shall adopt rules	77
for the conduct of its business and the election of its officers,	78
and shall organize by selecting a chairperson and other officers	79
as it considers necessary. Board members shall serve without	80
compensation but shall be reimbursed for actual and necessary	81
expenses incurred in the performance of their duties.	82

(D) The board may do any of the following:

83

(1) Employ or hire on a consulting basis professional,	84
technical, and clerical employees as are necessary for the	85
performance of its duties. All employees of the board are in the	86
unclassified service and serve at the pleasure of the board. For	87
purposes of section 4117.01 of the Revised Code, employees of the	88
board shall be considered employees of the general assembly,	89
except that employees who are covered by a collective bargaining	90
agreement on September 29, 2011, shall remain subject to the	91
agreement until the agreement expires on its terms, and the	92
agreement shall not be extended or renewed. Upon expiration of the	93
agreement, the employees are considered employees of the general	94
assembly for purposes of section 4117.01 of the Revised Code and	95
are in the unclassified service and serve at the pleasure of the	96
board.	97

(2) Hold public hearings at times and places as determined by	98
the board;	99

(3) Adopt, amend, or rescind rules necessary to accomplish	100
the duties of the board as set forth in this section;	101

(4) Sponsor, conduct, and support such social events as the	102
board may authorize and consider appropriate for the employees of	103
the board, employees and members of the general assembly,	104
employees of persons under contract with the board or otherwise	105
engaged to perform services on the premises of capitol square, or	106
other persons as the board may consider appropriate. Subject to	107
the requirements of Chapter 4303. of the Revised Code, the board	108
may provide beer, wine, and intoxicating liquor, with or without	109
charge, for those events and may use funds only from the sale of	110
goods and services fund to purchase the beer, wine, and	111
intoxicating liquor the board provides;	112

(5) Purchase a warehouse in which to store items of the	113
capitol collection trust and, whenever necessary, equipment or	114
other property of the board.	115

(E) The board shall do all of the following:

116

(1) Have sole authority to coordinate and approve any	117
improvements, additions, and renovations that are made to the	118
capitol square. The improvements shall include, but not be limited	119
to, the placement of monuments and sculpture on the capitol	120
grounds.	121

(2) Subject to section 3353.07 of the Revised Code, operate	122
the capitol square, and have sole authority to regulate all uses	123
of the capitol square. The uses shall include, but not be limited	124
to, the casual and recreational use of the capitol square.	125

(3) Employ, fix the compensation of, and prescribe the duties	126
of the executive director of the board and other employees the	127
board considers necessary for the performance of its powers and	128
duties;	129

(4) Establish and maintain the capitol collection trust. The	130
capitol collection trust shall consist of furniture, antiques, and	131
other items of personal property that the board shall store in	132
suitable facilities until they are ready to be displayed in the	133
capitol square.	134

(5) Perform repair, construction, contracting, purchasing,	135
maintenance, supervisory, and operating activities the board	136
determines are necessary for the operation and maintenance of the	137
capitol square;	138

(6) Maintain and preserve the capitol square, in accordance	139
with guidelines issued by the United States secretary of the	140
interior for application of the secretary's standards for	141
rehabilitation adopted in 36 C.F.R. part 67;	142

(7) Plan and develop a center at the capitol building for the	143
purpose of educating visitors about the history of Ohio, including	144
its political, economic, and social development and the design and	145
erection of the capitol building and its grounds.	146

(F)(1) The board shall lease capital facilities improved or	147
financed by the Ohio building authority pursuant to Chapter 152.	148
of the Revised Code for the use of the board, and may enter into	149
any other agreements with the authority ancillary to improvement,	150
financing, or leasing of those capital facilities, including, but	151
not limited to, any agreement required by the applicable bond	152
proceedings authorized by Chapter 152. of the Revised Code. Any	153
lease of capital facilities authorized by this section shall be	154
governed by division (D) of section 152.24 of the Revised Code.	155

(2) Fees, receipts, and revenues received by the board from	156
the state underground parking garage constitute available receipts	157
as defined in section 152.09 of the Revised Code, and may be	158
pledged to the payment of bond service charges on obligations	159
issued by the Ohio building authority pursuant to Chapter 152. of	160
the Revised Code to improve, finance, or purchase capital	161
facilities useful to the board. The authority may, with the	162
consent of the board, provide in the bond proceedings for a pledge	163
of all or a portion of those fees, receipts, and revenues as the	164
authority determines. The authority may provide in the bond	165
proceedings or by separate agreement with the board for the	166
transfer of those fees, receipts, and revenues to the appropriate	167
bond service fund or bond service reserve fund as required to pay	168
the bond service charges when due, and any such provision for the	169
transfer of those fees, receipts, and revenues shall be	170
controlling notwithstanding any other provision of law pertaining	171
to those fees, receipts, and revenues.	172

(3) All moneys received by the treasurer of state on account	173
of the board and required by the applicable bond proceedings or by	174
separate agreement with the board to be deposited, transferred, or	175
credited to the bond service fund or bond service reserve fund	176
established by the bond proceedings shall be transferred by the	177
treasurer of state to such fund, whether or not it is in the	178
custody of the treasurer of state, without necessity for further	179
appropriation, upon receipt of notice from the Ohio building	180
authority as prescribed in the bond proceedings.	181

(G)(1) Except as otherwise provided in division (G)(2) of	182
this section, all fees, receipts, and revenues received by the	183
board from the state underground parking garage shall be deposited	184
into the state treasury to the credit of the underground parking	185
garage operating fund, which is hereby created, to be used for the	186
purposes specified in division (F) of this section and for the	187
operation and maintenance of the garage. All investment earnings	188
of the fund shall be credited to the fund.	189

(2) There is hereby created the parking garage automated	190
equipment fund, which shall be in the custody of the treasurer of	191
state but shall not be part of the state treasury. Money in the	192
fund shall be used to purchase the automated teller machine	193
quality dollar bills needed for operation of the parking garage	194
automated equipment. The fund shall consist of fees, receipts, or	195
revenues received by the board from the state underground parking	196
garage; provided, however, that the total amount deposited into	197
the fund at any one time shall not exceed ten thousand dollars.	198
All investment earnings of the fund shall be credited to the fund.	199

(H) All donations received by the board shall be deposited	200
into the state treasury to the credit of the capitol square	201
renovation gift fund, which is hereby created. The fund shall be	202
used by the board as follows:	203

(1) To provide part or all of the funding related to	204
construction, goods, or services for the renovation of the capitol	205
square;	206

(2) To purchase art, antiques, and artifacts for display at	207
the capitol square;	208

(3) To award contracts or make grants to organizations for	209
educating the public regarding the historical background and	210
governmental functions of the capitol square. Chapters 125., 127.,	211
and 153. and section 3517.13 of the Revised Code do not apply to	212
purchases made exclusively from the fund, notwithstanding anything	213
to the contrary in those chapters or that section. All investment	214
earnings of the fund shall be credited to the fund.	215

(I) Except as provided in divisions (G), (H), and (J) of this	216
section, all fees, receipts, and revenues received by the board	217
shall be deposited into the state treasury to the credit of the	218
sale of goods and services fund, which is hereby created. Money	219
credited to the fund shall be used solely to pay costs of the	220
board other than those specified in divisions (F) and (G) of this	221
section. All investment earnings of the fund shall be credited to	222
the fund.	223

(J) There is hereby created in the state treasury the capitol	224
square improvement fund, to be used by the board to pay	225
construction, renovation, and other costs related to the capitol	226
square for which money is not otherwise available to the board.	227
Whenever the board determines that there is a need to incur those	228
costs and that the unencumbered, unobligated balance to the credit	229
of the underground parking garage operating fund exceeds the	230
amount needed for the purposes specified in division (F) of this	231
section and for the operation and maintenance of the garage, the	232
board may request the director of budget and management to	233
transfer from the underground parking garage operating fund to the	234
capitol square improvement fund the amount needed to pay such	235
construction, renovation, or other costs. The director then shall	236
transfer the amount needed from the excess balance of the	237
underground parking garage operating fund.	238

(K) As the operation and maintenance of the capitol square	239
constitute essential government functions of a public purpose, the	240
board shall not be required to pay taxes or assessments upon the	241
square, upon any property acquired or used by the board under this	242
section, or upon any income generated by the operation of the	243
square.	244

(L) As used in this section, "capitol square" means the	245
capitol building, senate building, capitol atrium, capitol	246
grounds, the state underground parking garage, and the warehouse	247
owned by the board.	248

(M) The capitol annex shall be known as the senate building.

249

(N) Any person may possess a firearm in a motor vehicle in	250
the state underground parking garage at the state capitol	251
building, if the person's possession of the firearm in the motor	252
vehicle is not in violation of section 2923.16 of the Revised Code	253
or any other provision of the Revised Code. Any person may store	254
or leave a firearm in a locked motor vehicle that is parked in the	255
state underground parking garage at the state capitol building, if	256
the person's transportation and possession of the firearm in the	257
motor vehicle while traveling to the garage was not in violation	258
of section 2923.16 of the Revised Code or any other provision of	259
the Revised Code.	260

Sec. 109.69. (A)(1) The attorney general shall negotiate and	261
enter into a reciprocity agreement with any other license-issuing	262
state under which a license to carry a concealed handgun license	263
that is issued by the other state is recognized in this state if	264
the attorney general determines that both of the following apply:	265

(a) The eligibility requirements imposed by that	266
license-issuing state for that license are substantially	267
comparable to the eligibility requirements for a license to carry	268
a concealed handgun license issued under section 2923.125 of the	269
Revised Code.	270

(b) That license-issuing state recognizes a concealed handgun	271
license to carry a concealed handgun issued under section 2923.125	272
of the Revised Code.	273

(2) A reciprocity agreement entered into under division	274
(A)(1) of this section also may provide for the recognition in	275
this state of a license to carry a concealed handgun license	276
issued on a temporary or emergency basis by the other	277
license-issuing state, if the eligibility requirements imposed by	278
that license-issuing state for the temporary or emergency license	279
are substantially comparable to the eligibility requirements for a	280
license or temporary emergency license to carry a concealed	281
handgun license issued under section 2923.125 or 2923.1213 of the	282
Revised Code and if that license-issuing state recognizes a	283
temporary emergency license to carry a concealed handgun license	284
issued under section 2923.1213 of the Revised Code.	285

(3) The attorney general shall not negotiate any agreement	286
with any other license-issuing state under which a license to	287
carry a concealed handgun that islicense issued by the other	288
state is recognized in this state other than as provided in	289
divisions (A)(1) and (2) of this section.	290

(B) As used in this section:

291

(1) "Handgun" hasand "concealed handgun license" have the	292
same meaningmeanings as in section 2923.11 of the Revised Code.	293

(2) "License-issuing state" means a state other than this	294
state that, pursuant to law, provides for the issuance of a	295
license to carry a concealed handgun.	296

Sec. 109.731.  (A) The Ohio peace officer training commission	297
shall prescribe, and shall make available to sheriffs, all of the	298
following:	299

(1) An application form that is to be used under section	300
2923.125 of the Revised Code by a person who applies for a license	301
to carry a concealed handgun license and an application form that	302
is to be used under section 2923.125 of the Revised Code by a	303
person who applies for the renewal of a license of that nature,	304
both of which shall conform substantially to the forms prescribed	305
in section 2923.1210 of the Revised Code;	306

(2) A form for the license to carry a concealed handgun	307
license that is to be issued by sheriffs to persons who qualify	308
for a license to carry a concealed handgun license under section	309
2923.125 of the Revised Code and that conforms to the following	310
requirements:	311

(a) It has space for the licensee's full name, residence	312
address, and date of birth and for a color photograph of the	313
licensee.	314

(b) It has space for the date of issuance of the license, its	315
expiration date, its county of issuance, the name of the sheriff	316
who issues the license, and the unique combination of letters and	317
numbers that identify the county of issuance and the license given	318
to the licensee by the sheriff in accordance with division (A)(4)	319
of this section.	320

(c) It has space for the signature of the licensee and the	321
signature or a facsimile signature of the sheriff who issues the	322
license.	323

(d) It does not require the licensee to include serial	324
numbers of handguns, other identification related to handguns, or	325
similar data that is not pertinent or relevant to obtaining the	326
license and that could be used as a de facto means of registration	327
of handguns owned by the licensee.	328

(3) A series of three-letter county codes that identify each	329
county in this state;	330

(4) A procedure by which a sheriff shall give each concealed	331
handgun license, replacement concealed handgun license, or renewal	332
concealed handgun license to carry a concealed handgun and each	333
temporary emergencyconcealed handgun license on a temporary	334
emergency basis or replacement temporary emergency license to	335
carry a concealed handgunon a temporary emergency basis the	336
sheriff issues under section 2923.125 or 2923.1213 of the Revised	337
Code a unique combination of letters and numbers that identifies	338
the county in which the license or temporary emergency license was	339
issued and that uses the county code and a unique number for each	340
license and each temporary emergency license the sheriff of that	341
county issues;	342

(5) A form for the temporary emergency license to carry a	343
concealed handgun license on a temporary emergency basis that is	344
to be issued by sheriffs to persons who qualify for such a	345
temporary emergency license under section 2923.1213 of the Revised	346
Code, which form shall conform to all the requirements set forth	347
in divisions (A)(2)(a) to (d) of this section and shall	348
additionally conspicuously specify that the license is issued on a	349
temporary emergency licensebasis and the date of its issuance.	350

(B)(1) The Ohio peace officer training commission, in	351
consultation with the attorney general, shall prepare a pamphlet	352
that does all of the following, in everyday language:	353

(a) Explains the firearms laws of this state;

354

(b) Instructs the reader in dispute resolution and explains	355
the laws of this state related to that matter;	356

(c) Provides information to the reader regarding all aspects	357
of the use of deadly force with a firearm, including, but not	358
limited to, the steps that should be taken before contemplating	359
the use of, or using, deadly force with a firearm, possible	360
alternatives to using deadly force with a firearm, and the law	361
governing the use of deadly force with a firearm.	362

(2) The attorney general shall consult with and assist the	363
commission in the preparation of the pamphlet described in	364
division (B)(1) of this section and, as necessary, shall recommend	365
to the commission changes in the pamphlet to reflect changes in	366
the law that are relevant to it. The attorney general shall	367
publish the pamphlet on the web site of the attorney general and	368
shall provide the address of the web site to any person who	369
requests the pamphlet.	370

(C) The Ohio peace officer training commission shall maintain	371
statistics with respect to the issuance, renewal, suspension,	372
revocation, and denial of licenses to carry a concealed handgun	373
licenses under section 2923.125 of the Revised Code and the	374
suspension of processing of applications for those licenses, and	375
with respect to the issuance, suspension, revocation, and denial	376
of temporary emergency licenses to carry a concealed handgun	377
licenses on a temporary emergency basis under section 2923.1213 of	378
the Revised Code, as reported by the sheriffs pursuant to division	379
(C) of section 2923.129 of the Revised Code. Not later than the	380
first day of March in each year, the commission shall submit a	381
statistical report to the governor, the president of the senate,	382
and the speaker of the house of representatives indicating the	383
number of licenses to carry a concealed handgun licenses that were	384
issued, renewed, suspended, revoked, and denied under section	385
2923.125 of the Revised Code in the previous calendar year, the	386
number of applications for those licenses for which processing was	387
suspended in accordance with division (D)(3) of that section	388
2923.125 of the Revised Code in the previous calendar year, and	389
the number of temporary emergency licenses to carry a concealed	390
handgun licenses on a temporary emergency basis that were issued,	391
suspended, revoked, or denied under section 2923.1213 of the	392
Revised Code in the previous calendar year. Nothing in the	393
statistics or the statistical report shall identify, or enable the	394
identification of, any individual who was issued or denied a	395
license, for whom a license was renewed, whose license was	396
suspended or revoked, or for whom application processing was	397
suspended. The statistics and the statistical report are public	398
records for the purpose of section 149.43 of the Revised Code.	399

(D) As used in this section, "concealed handgun license" and	400
"handgun" hashave the same meaningmeanings as in section	401
2923.11 of the Revised Code.	402

Sec. 152.08.  (A) The Ohio building authority may:

403

(1) Acquire, by gift, grant, or purchase, and hold and	404
mortgage, real estate and interests therein and personal property	405
suitable for its purposes, provided that no land used by the	406
authority pursuant to section 152.05 of the Revised Code shall be	407
mortgaged by the authority;	408

(2) Purchase, construct, reconstruct, equip, furnish,	409
improve, alter, enlarge, maintain, repair, and operate buildings,	410
facilities, and other properties for the purposes set forth in	411
section 152.04 of the Revised Code. The authority shall construct,	412
operate, and maintain its buildings, facilities, and other	413
properties in a healthy, safe, and sanitary manner.	414

(3) Issue revenue bonds to secure funds to accomplish its	415
purposes, the principal of and interest on and all other payments	416
required to be made by the trust agreement or indenture securing	417
such bonds to be paid solely from revenues accruing to the	418
authority through the operation of its buildings, facilities, and	419
other properties;	420

(4) Enter into contracts and execute all instruments	421
necessary in the conduct of its business;	422

(5) Fix, alter, and charge rentals and other charges for the	423
use and occupancy of its buildings, facilities, and other	424
properties and enter into leases with the persons specified in	425
section 152.04 of the Revised Code;	426

(6) Employ financial consultants, appraisers, consulting	427
engineers, architects, superintendents, managers, construction and	428
accounting experts, attorneys-at-law, and other employees and	429
agents as are necessary, in its judgment, and fix their	430
compensation;	431

(7) Provide for the persons occupying its buildings,	432
facilities, and other properties, health clinics, medical	433
services, food services, and such other services as such persons	434
cannot provide for themselves; and, if the authority determines	435
that it is more advantageous, it may enter into contracts with	436
persons, firms, or corporations or with any governmental agency,	437
board, commission, or department to provide any of such clinics or	438
services;	439

(8) Pledge, hypothecate, or otherwise encumber such of its	440
rentals or other charges as may be agreed as security for its	441
obligations, and enter into trust agreements or indentures for the	442
benefit of its bondholders;	443

(9) Borrow money or accept advances, loans, gifts, grants,	444
devises, or bequests from, and enter into contracts or agreements	445
with, any federal agency or other governmental or private source,	446
and hold and apply advances, loans, gifts, grants, devises, or	447
bequests according to the terms thereof. Such advances, loans,	448
gifts, grants, or devises of real estate may be in fee simple or	449
of any lesser estate and may be subject to any reasonable	450
reservations. Any advances or loans received from any federal or	451
other governmental or private source may be repaid in accordance	452
with the terms of such advance or loan.	453

(10) Conduct investigations into housing and living	454
conditions in order to be able to purchase, construct, or	455
reconstruct suitable buildings and facilities to fulfill its	456
purpose, and determine the best locations within the state for its	457
buildings, facilities, and other properties;	458

(11) Enter into lawful arrangements with the appropriate	459
federal or state department or agency, county, township, municipal	460
government, or other political subdivision, or public agency for	461
the planning and installation of streets, roads, alleys, public	462
parks and recreation areas, public utility facilities, and other	463
necessary appurtenances to its projects;	464

(12) Purchase fire, extended coverage, and liability	465
insurance for its property, and insurance covering the authority	466
and its officers and employees for liability for damage or injury	467
to persons or property;	468

(13) Sell, lease, release, or otherwise dispose of property	469
owned by the authority and not needed for the purposes of the	470
authority and grant such easements across the property of the	471
authority as will not interfere with its use of its property;	472

(14) Establish rules and regulations for the use and	473
operation of its buildings, facilities, and other properties;	474

(15) Do all other acts necessary to the fulfillment of its	475
purposes.	476

(B) Any instrument by which real property is acquired	477
pursuant to this section shall identify the agency of the state	478
that has the use and benefit of the real property as specified in	479
section 5301.012 of the Revised Code.	480

(C) Any person may possess a firearm in a motor vehicle in	481
the parking garage at the Riffe center for government and the arts	482
in Columbus, if the person's possession of the firearm in the	483
motor vehicle is not in violation of section 2923.16 of the	484
Revised Code or any other provision of the Revised Code. Any	485
person may store or leave a firearm in a locked motor vehicle that	486
is parked in the parking garage at the Riffe center for government	487
and the arts in Columbus, if the person's transportation and	488
possession of the firearm in the motor vehicle while traveling to	489
the garage was not in violation of section 2923.16 of the Revised	490
Code or any other provision of the Revised Code.	491

Sec. 311.41. (A)(1) Upon receipt of an application for a	492
license to carry a concealed handgun license under division (C) of	493
section 2923.125 of the Revised Code, an application to renew a	494
license to carry a concealed handgun license under division (F) of	495
that section, or an application for a temporary emergency license	496
to carry a concealed handgun license on a temporary emergency	497
basis under section 2923.1213 of the Revised Code, the sheriff	498
shall conduct a criminal records check and an incompetency check	499
of the applicant to determine whether the applicant fails to meet	500
the criteria described in division (D)(1) of section 2923.125 of	501
the Revised Code. The sheriff shall conduct the criminal records	502
check and the incompetency records check required by this division	503
through use of an electronic fingerprint reading device or, if the	504
sheriff does not possess and does not have ready access to the use	505
of an electronic fingerprint reading device, by requesting the	506
bureau of criminal identification and investigation to conduct the	507
checks as described in this division.	508

In order to conduct the criminal records check and the	509
incompetency records check, the sheriff shall obtain the	510
fingerprints of at least four fingers of the applicant by using an	511
electronic fingerprint reading device for the purpose of	512
conducting the criminal records check and the incompetency records	513
check or, if the sheriff does not possess and does not have ready	514
access to the use of an electronic fingerprint reading device,	515
shall obtain from the applicant a completed standard fingerprint	516
impression sheet prescribed pursuant to division (C)(2) of section	517
109.572 of the Revised Code. The fingerprints so obtained, along	518
with the applicant's social security number, shall be used to	519
conduct the criminal records check and the incompetency records	520
check. If the sheriff does not use an electronic fingerprint	521
reading device to obtain the fingerprints and conduct the records	522
checks, the sheriff shall submit the completed standard	523
fingerprint impression sheet of the applicant, along with the	524
applicant's social security number, to the superintendent of the	525
bureau of criminal identification and investigation and shall	526
request the bureau to conduct the criminal records check and the	527
incompetency records check of the applicant and, if necessary,	528
shall request the superintendent of the bureau to obtain	529
information from the federal bureau of investigation as part of	530
the criminal records check for the applicant. If it is not	531
possible to use an electronic fingerprint reading device to	532
conduct an incompetency records check, the sheriff shall submit	533
the completed standard fingerprint impression sheet of the	534
applicant, along with the applicant's social security number, to	535
the superintendent of the bureau of criminal identification and	536
investigation and shall request the bureau to conduct the	537
incompetency records check. The sheriff shall not retain the	538
applicant's fingerprints as part of the application.	539

(2) Except as otherwise provided in this division, if at any	540
time the applicant decides not to continue with the application	541
process, the sheriff immediately shall cease any investigation	542
that is being conducted under division (A)(1) of this section. The	543
sheriff shall not cease that investigation if, at the time of the	544
applicant's decision not to continue with the application process,	545
the sheriff had determined from any of the sheriff's	546
investigations that the applicant then was engaged in activity of	547
a criminal nature.	548

(B) If a criminal records check and an incompetency records	549
check conducted under division (A) of this section do not indicate	550
that the applicant fails to meet the criteria described in	551
division (D)(1) of section 2923.125 of the Revised Code, except as	552
otherwise provided in this division, the sheriff shall destroy or	553
cause a designated employee to destroy all records other than the	554
application for a license to carry a concealed handgun license,	555
the application to renew a license to carry a concealed handgun	556
license, or the affidavit submitted regarding an application for a	557
temporary emergency license to carry a concealed handgun license	558
on a temporary emergency basis that were made in connection with	559
the criminal records check and incompetency records check within	560
twenty days after conducting the criminal records check and	561
incompetency records check. If an applicant appeals a denial of an	562
application as described in division (D)(2) of section 2923.125 of	563
the Revised Code or challenges the results of a criminal records	564
check pursuant to section 2923.127 of the Revised Code, records of	565
fingerprints of the applicant shall not be destroyed during the	566
pendency of the appeal or the challenge and review. When an	567
applicant appeals a denial as described in that division, the	568
twenty-day period described in this division commences regarding	569
the fingerprints upon the determination of the appeal. When	570
required as a result of a challenge and review performed pursuant	571
to section 2923.127 of the Revised Code, the source the sheriff	572
used in conducting the criminal records check shall destroy or the	573
chief operating officer of the source shall cause an employee of	574
the source designated by the chief to destroy all records other	575
than the application for a license to carry a concealed handgun	576
license, the application to renew a license to carry a concealed	577
handgun license, or the affidavit submitted regarding an	578
application for a temporary emergency license to carry a concealed	579
handgun license on a temporary emergency basis that were made in	580
connection with the criminal records check within twenty days	581
after completion of that challenge and review.	582

(C) If division (B) of this section applies to a particular	583
criminal records check or incompetency records check, no sheriff,	584
employee of a sheriff designated by the sheriff to destroy records	585
under that division, source the sheriff used in conducting the	586
criminal records check or incompetency records check, or employee	587
of the source designated by the chief operating officer of the	588
source to destroy records under that division shall fail to	589
destroy or cause to be destroyed within the applicable twenty-day	590
period specified in that division all records other than the	591
application for a license to carry a concealed handgun license,	592
the application to renew a license to carry a concealed handgun	593
license, or the affidavit submitted regarding an application for a	594
temporary emergency license to carry a concealed handgun license	595
on a temporary emergency basis made in connection with the	596
particular criminal records check or incompetency records check.	597

(D) Whoever violates division (C) of this section is guilty	598
of failure to destroy records, a misdemeanor of the second degree.	599

(E) As used in this section, "concealed handgun license" and	600
"handgun" hashave the same meaningmeanings as in section 2923.11	601
of the Revised Code.	602

Sec. 311.42.  (A) Each county shall establish in the county	603
treasury a sheriff's concealed handgun license issuance expense	604
fund. The sheriff of that county shall deposit into that fund all	605
fees paid by applicants for the issuance or renewal of a concealed	606
handgun license or duplicate concealed handgun license to carry a	607
concealed handgun under section 2923.125 of the Revised Code and	608
all fees paid by the person seeking a temporary emergency license	609
to carry a concealed handgun license on a temporary emergency	610
basis under section 2923.1213 of the Revised Code. The county	611
shall distribute all fees deposited into the fund except forty	612
dollars of each fee paid by an applicant under division (B) of	613
section 2923.125 of the Revised Code, fifteen dollars of each fee	614
paid under section 2923.1213 of the Revised Code, and thirty-five	615
dollars of each fee paid under division (F) of section 2923.125 of	616
the Revised Code to the attorney general to be used to pay the	617
cost of background checks performed by the bureau of criminal	618
identification and investigation and the federal bureau of	619
investigation and to cover administrative costs associated with	620
issuing the license.	621

(B) The sheriff, with the approval of the board of county	622
commissioners, may expend any county portion of the fees deposited	623
into the sheriff's concealed handgun license issuance expense fund	624
for any costs incurred by the sheriff in connection with	625
performing any administrative functions related to the issuance of	626
licenses or temporary emergency licenses to carry a concealed	627
handgun licenses under section 2923.125 or 2923.1213 of the	628
Revised Code, including, but not limited to, personnel expenses	629
and the costs of any handgun safety education program that the	630
sheriff chooses to fund. Additionally, the sheriff, with the	631
approval of the board of county commissioners, may expend any	632
county portion of the fees deposited into the sheriff's concealed	633
handgun license issuance expense fund for costs of ammunition used	634
in a course, class, or program administered by the sheriff for a	635
concealed handgun license.	636

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

637

(1) "Firearm," and"concealed handgun license," "handgun,"	638
and "valid concealed handgun license" have the same meanings as in	639
section 2923.11 of the Revised Code.	640

(2) "Unloaded" has the same meaningmeanings as in divisions	641
(K)(5) and (6) of section 2923.16 of the Revised Code, except that	642
all references in the definition in division (K)(5) of that	643
section to "vehicle" shall be construed for purposes of this	644
section to be references to "vessel."	645

(B) No person shall knowingly discharge a firearm while in or	646
on a vessel.	647

(C) No person shall knowingly transport or have a loaded	648
firearm in a vessel in a manner that the firearm is accessible to	649
the operator or any passenger.	650

(D) No person shall knowingly transport or have a firearm in	651
a vessel unless it is unloaded and is carried in one of the	652
following ways:	653

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

654

(2) In plain sight with the action opened or the weapon	655
stripped, or, if the firearm is of a type on which the action will	656
not stay open or that cannot easily be stripped, in plain sight.	657

(E)(1) The affirmative defenses authorized in divisions	658
(D)(1) and (2) of section 2923.12 of the Revised Code are	659
affirmative defenses to a charge under division (C) or (D) of this	660
section that involves a firearm other than a handgun. It is an	661
affirmative defense to a charge under division (C) or (D) of this	662
section of transporting or having a firearm of any type, including	663
a handgun, in a vessel that the actor transported or had the	664
firearm in the vessel for any lawful purpose and while the vessel	665
was on the actor's own property, provided that this affirmative	666
defense is not available unless the actor, prior to arriving at	667
the vessel on the actor's own property, did not transport or	668
possess the firearm in the vessel or in a motor vehicle in a	669
manner prohibited by this section or division (B) or (C) of	670
section 2923.16 of the Revised Code while the vessel was being	671
operated on a waterway that was not on the actor's own property or	672
while the motor vehicle was being operated on a street, highway,	673
or other public or private property used by the public for	674
vehicular traffic.	675

(2) No person who is charged with a violation of division (C)	676
or (D) of this section shall be required to obtain a license or	677
temporary emergency license to carry a concealed handgun under	678
section 2923.125 or 2923.1213 of the Revised Code as a condition	679
for the dismissal of the charge.	680

(F) Divisions (B), (C), and (D) of this section do not apply	681
to the possession or discharge of a United States coast guard	682
approved signaling device required to be carried aboard a vessel	683
under section 1547.251 of the Revised Code when the signaling	684
device is possessed or used for the purpose of giving a visual	685
distress signal. No person shall knowingly transport or possess	686
any signaling device of that nature in or on a vessel in a loaded	687
condition at any time other than immediately prior to the	688
discharge of the signaling device for the purpose of giving a	689
visual distress signal.	690

(G) No person shall operate or permit to be operated any	691
vessel on the waters in this state in violation of this section.	692

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

693

(a) An officer, agent, or employee of this or any other state	694
or of the United States, or to a law enforcement officer, when	695
authorized to carry or have loaded or accessible firearms in a	696
vessel and acting within the scope of the officer's, agent's, or	697
employee's duties;	698

(b) Any person who is employed in this state, who is	699
authorized to carry or have loaded or accessible firearms in a	700
vessel, and who is subject to and in compliance with the	701
requirements of section 109.801 of the Revised Code, unless the	702
appointing authority of the person has expressly specified that	703
the exemption provided in division (H)(1)(b) of this section does	704
not apply to the person;	705

(c) Any person legally engaged in hunting.

706

(2) Divisions (C) and (D) of this section do not apply to a	707
person who transports or possesses a handgun in a vessel and who,	708
at the time of that transportation or possession, is carrying a	709
valid license or temporary emergency license to carry a concealed	710
handgun issued to the person under section 2923.125 or 2923.1213	711
of the Revised Code or a license to carry a concealed handgun that	712
was issued by another state with which the attorney general has	713
entered into a reciprocity agreement under section 109.69 of the	714
Revised Codelicense, unless the person knowingly is in a place on	715
the vessel described in division (B) of section 2923.126 of the	716
Revised Code.	717

(I) If a law enforcement officer stops a vessel for a	718
violation of this section or any other law enforcement purpose, if	719
any person on the vessel surrenders a firearm to the officer,	720
either voluntarily or pursuant to a request or demand of the	721
officer, and if the officer does not charge the person with a	722
violation of this section or arrest the person for any offense,	723
the person is not otherwise prohibited by law from possessing the	724
firearm, and the firearm is not contraband, the officer shall	725
return the firearm to the person at the termination of the stop.	726

(J) Division (L) of section 2923.16 of the Revised Code	727
applies with respect to division (A)(2) of this section, except	728
that all references in division (L) of section 2923.16 of the	729
Revised Code to "vehicle," to "this chapter," or to "division	730
(K)(5)(a) or (b) of this section" shall be construed for purposes	731
of this section to be, respectively, references to "vessel," to	732
"section 1547.69 of the Revised Code," and to divisions (K)(5)(a)	733
and (b) of section 2923.16 of the Revised Code as incorporated	734
under the definition of firearm adopted under division (A)(2) of	735
this section.	736

Sec. 2921.13.  (A) No person shall knowingly make a false	737
statement, or knowingly swear or affirm the truth of a false	738
statement previously made, when any of the following applies:	739

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

740

(2) The statement is made with purpose to incriminate	741
another.	742

(3) The statement is made with purpose to mislead a public	743
official in performing the public official's official function.	744

(4) The statement is made with purpose to secure the payment	745
of unemployment compensation; Ohio works first; prevention,	746
retention, and contingency benefits and services; disability	747
financial assistance; retirement benefits; economic development	748
assistance, as defined in section 9.66 of the Revised Code; or	749
other benefits administered by a governmental agency or paid out	750
of a public treasury.	751

(5) The statement is made with purpose to secure the issuance	752
by a governmental agency of a license, permit, authorization,	753
certificate, registration, release, or provider agreement.	754

(6) The statement is sworn or affirmed before a notary public	755
or another person empowered to administer oaths.	756

(7) The statement is in writing on or in connection with a	757
report or return that is required or authorized by law.	758

(8) The statement is in writing and is made with purpose to	759
induce another to extend credit to or employ the offender, to	760
confer any degree, diploma, certificate of attainment, award of	761
excellence, or honor on the offender, or to extend to or bestow	762
upon the offender any other valuable benefit or distinction, when	763
the person to whom the statement is directed relies upon it to	764
that person's detriment.	765

(9) The statement is made with purpose to commit or	766
facilitate the commission of a theft offense.	767

(10) The statement is knowingly made to a probate court in	768
connection with any action, proceeding, or other matter within its	769
jurisdiction, either orally or in a written document, including,	770
but not limited to, an application, petition, complaint, or other	771
pleading, or an inventory, account, or report.	772

(11) The statement is made on an account, form, record,	773
stamp, label, or other writing that is required by law.	774

(12) The statement is made in connection with the purchase of	775
a firearm, as defined in section 2923.11 of the Revised Code, and	776
in conjunction with the furnishing to the seller of the firearm of	777
a fictitious or altered driver's or commercial driver's license or	778
permit, a fictitious or altered identification card, or any other	779
document that contains false information about the purchaser's	780
identity.	781

(13) The statement is made in a document or instrument of	782
writing that purports to be a judgment, lien, or claim of	783
indebtedness and is filed or recorded with the secretary of state,	784
a county recorder, or the clerk of a court of record.	785

(14) The statement is made in an application filed with a	786
county sheriff pursuant to section 2923.125 of the Revised Code in	787
order to obtain or renew a license to carry a concealed handgun	788
license or is made in an affidavit submitted to a county sheriff	789
to obtain a temporary emergency license to carry a concealed	790
handgun license on a temporary emergency basis under section	791
2923.1213 of the Revised Code.	792

(15) The statement is required under section 5743.71 of the	793
Revised Code in connection with the person's purchase of	794
cigarettes or tobacco products in a delivery sale.	795

(B) No person, in connection with the purchase of a firearm,	796
as defined in section 2923.11 of the Revised Code, shall knowingly	797
furnish to the seller of the firearm a fictitious or altered	798
driver's or commercial driver's license or permit, a fictitious or	799
altered identification card, or any other document that contains	800
false information about the purchaser's identity.	801

(C) No person, in an attempt to obtain a license to carry a	802
concealed handgun license under section 2923.125 of the Revised	803
Code, shall knowingly present to a sheriff a fictitious or altered	804
document that purports to be certification of the person's	805
competence in handling a handgun as described in division (B)(3)	806
of that section 2923.125 of the Revised Code.	807

(D) It is no defense to a charge under division (A)(6) of	808
this section that the oath or affirmation was administered or	809
taken in an irregular manner.	810

(E) If contradictory statements relating to the same fact are	811
made by the offender within the period of the statute of	812
limitations for falsification, it is not necessary for the	813
prosecution to prove which statement was false but only that one	814
or the other was false.	815

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	816
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	817
of falsification, a misdemeanor of the first degree.	818

(2) Whoever violates division (A)(9) of this section is	819
guilty of falsification in a theft offense. Except as otherwise	820
provided in this division, falsification in a theft offense is a	821
misdemeanor of the first degree. If the value of the property or	822
services stolen is one thousand dollars or more and is less than	823
seven thousand five hundred dollars, falsification in a theft	824
offense is a felony of the fifth degree. If the value of the	825
property or services stolen is seven thousand five hundred dollars	826
or more and is less than one hundred fifty thousand dollars,	827
falsification in a theft offense is a felony of the fourth degree.	828
If the value of the property or services stolen is one hundred	829
fifty thousand dollars or more, falsification in a theft offense	830
is a felony of the third degree.	831

(3) Whoever violates division (A)(12) or (B) of this section	832
is guilty of falsification to purchase a firearm, a felony of the	833
fifth degree.	834

(4) Whoever violates division (A)(14) or (C) of this section	835
is guilty of falsification to obtain a concealed handgun license,	836
a felony of the fourth degree.	837

(G) A person who violates this section is liable in a civil	838
action to any person harmed by the violation for injury, death, or	839
loss to person or property incurred as a result of the commission	840
of the offense and for reasonable attorney's fees, court costs,	841
and other expenses incurred as a result of prosecuting the civil	842
action commenced under this division. A civil action under this	843
division is not the exclusive remedy of a person who incurs	844
injury, death, or loss to person or property as a result of a	845
violation of this section.	846

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	847
Revised Code:	848

(A) "Deadly weapon" means any instrument, device, or thing	849
capable of inflicting death, and designed or specially adapted for	850
use as a weapon, or possessed, carried, or used as a weapon.	851

(B)(1) "Firearm" means any deadly weapon capable of expelling	852
or propelling one or more projectiles by the action of an	853
explosive or combustible propellant. "Firearm" includes an	854
unloaded firearm, and any firearm that is inoperable but that can	855
readily be rendered operable.	856

(2) When determining whether a firearm is capable of	857
expelling or propelling one or more projectiles by the action of	858
an explosive or combustible propellant, the trier of fact may rely	859
upon circumstantial evidence, including, but not limited to, the	860
representations and actions of the individual exercising control	861
over the firearm.	862

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

863

(1) Any firearm that has a short stock and is designed to be	864
held and fired by the use of a single hand;	865

(2) Any combination of parts from which a firearm of a type	866
described in division (C)(1) of this section can be assembled.	867

(D) "Semi-automatic firearm" means any firearm designed or	868
specially adapted to fire a single cartridge and automatically	869
chamber a succeeding cartridge ready to fire, with a single	870
function of the trigger.	871

(E) "Automatic firearm" means any firearm designed or	872
specially adapted to fire a succession of cartridges with a single	873
function of the trigger. "Automatic firearm" also means any	874
semi-automatic firearm designed or specially adapted to fire more	875
than thirty-one cartridges without reloading, other than a firearm	876
chambering only .22 caliber short, long, or long-rifle cartridges.	877

(F) "Sawed-off firearm" means a shotgun with a barrel less	878
than eighteen inches long, or a rifle with a barrel less than	879
sixteen inches long, or a shotgun or rifle less than twenty-six	880
inches long overall.	881

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

882

(1) Any firearm of crude and extemporized manufacture;

883

(2) Any device, including without limitation a starter's	884
pistol, that is not designed as a firearm, but that is specially	885
adapted for use as a firearm;	886

(3) Any industrial tool, signalling device, or safety device,	887
that is not designed as a firearm, but that as designed is capable	888
of use as such, when possessed, carried, or used as a firearm.	889

(H) "Explosive device" means any device designed or specially	890
adapted to cause physical harm to persons or property by means of	891
an explosion, and consisting of an explosive substance or agency	892
and a means to detonate it. "Explosive device" includes without	893
limitation any bomb, any explosive demolition device, any blasting	894
cap or detonator containing an explosive charge, and any pressure	895
vessel that has been knowingly tampered with or arranged so as to	896
explode.	897

(I) "Incendiary device" means any firebomb, and any device	898
designed or specially adapted to cause physical harm to persons or	899
property by means of fire, and consisting of an incendiary	900
substance or agency and a means to ignite it.	901

(J) "Ballistic knife" means a knife with a detachable blade	902
that is propelled by a spring-operated mechanism.	903

(K) "Dangerous ordnance" means any of the following, except	904
as provided in division (L) of this section:	905

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	906
knife;	907

(2) Any explosive device or incendiary device;

908

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	909
cyclonite, TNT, picric acid, and other high explosives; amatol,	910
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	911
explosive compositions; plastic explosives; dynamite, blasting	912
gelatin, gelatin dynamite, sensitized ammonium nitrate,	913
liquid-oxygen blasting explosives, blasting powder, and other	914
blasting agents; and any other explosive substance having	915
sufficient brisance or power to be particularly suitable for use	916
as a military explosive, or for use in mining, quarrying,	917
excavating, or demolitions;	918

(4) Any firearm, rocket launcher, mortar, artillery piece,	919
grenade, mine, bomb, torpedo, or similar weapon, designed and	920
manufactured for military purposes, and the ammunition for that	921
weapon;	922

(5) Any firearm muffler or silencer;

923

(6) Any combination of parts that is intended by the owner	924
for use in converting any firearm or other device into a dangerous	925
ordnance.	926

(L) "Dangerous ordnance" does not include any of the	927
following:	928

(1) Any firearm, including a military weapon and the	929
ammunition for that weapon, and regardless of its actual age, that	930
employs a percussion cap or other obsolete ignition system, or	931
that is designed and safe for use only with black powder;	932

(2) Any pistol, rifle, or shotgun, designed or suitable for	933
sporting purposes, including a military weapon as issued or as	934
modified, and the ammunition for that weapon, unless the firearm	935
is an automatic or sawed-off firearm;	936

(3) Any cannon or other artillery piece that, regardless of	937
its actual age, is of a type in accepted use prior to 1887, has no	938
mechanical, hydraulic, pneumatic, or other system for absorbing	939
recoil and returning the tube into battery without displacing the	940
carriage, and is designed and safe for use only with black powder;	941

(4) Black powder, priming quills, and percussion caps	942
possessed and lawfully used to fire a cannon of a type defined in	943
division (L)(3) of this section during displays, celebrations,	944
organized matches or shoots, and target practice, and smokeless	945
and black powder, primers, and percussion caps possessed and	946
lawfully used as a propellant or ignition device in small-arms or	947
small-arms ammunition;	948

(5) Dangerous ordnance that is inoperable or inert and cannot	949
readily be rendered operable or activated, and that is kept as a	950
trophy, souvenir, curio, or museum piece.	951

(6) Any device that is expressly excepted from the definition	952
of a destructive device pursuant to the "Gun Control Act of 1968,"	953
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	954
issued under that act.	955

(M) "Explosive" means any chemical compound, mixture, or	956
device, the primary or common purpose of which is to function by	957
explosion. "Explosive" includes all materials that have been	958
classified as division 1.1, division 1.2, division 1.3, or	959
division 1.4 explosives by the United States department of	960
transportation in its regulations and includes, but is not limited	961
to, dynamite, black powder, pellet powders, initiating explosives,	962
blasting caps, electric blasting caps, safety fuses, fuse	963
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	964
igniter cords and igniters. "Explosive" does not include	965
"fireworks," as defined in section 3743.01 of the Revised Code, or	966
any substance or material otherwise meeting the definition of	967
explosive set forth in this section that is manufactured, sold,	968
possessed, transported, stored, or used in any activity described	969
in section 3743.80 of the Revised Code, provided the activity is	970
conducted in accordance with all applicable laws, rules, and	971
regulations, including, but not limited to, the provisions of	972
section 3743.80 of the Revised Code and the rules of the fire	973
marshal adopted pursuant to section 3737.82 of the Revised Code.	974

(N)(1) "Concealed handgun license" or "license to carry a	975
concealed handgun" means, subject to division (N)(2) of this	976
section, a license or temporary emergency license to carry a	977
concealed handgun issued under section 2923.125 or 2923.1213 of	978
the Revised Code or a license to carry a concealed handgun issued	979
by another state with which the attorney general has entered into	980
a reciprocity agreement under section 109.69 of the Revised Code.	981

(2) A reference in any provision of the Revised Code to a	982
concealed handgun license issued under section 2923.125 of the	983
Revised Code or a license to carry a concealed handgun issued	984
under section 2923.125 of the Revised Code means only a license of	985
the type that is specified in that section. A reference in any	986
provision of the Revised Code to a concealed handgun license	987
issued under section 2923.1213 of the Revised Code, a license to	988
carry a concealed handgun issued under section 2923.1213 of the	989
Revised Code, or a license to carry a concealed handgun on a	990
temporary emergency basis means only a license of the type that is	991
specified in section 2923.1213 of the Revised Code. A reference in	992
any provision of the Revised Code to a concealed handgun license	993
issued by another state or a license to carry a concealed handgun	994
issued by another state means only a license issued by another	995
state with which the attorney general has entered into a	996
reciprocity agreement under section 109.69 of the Revised Code.	997

(O) "Valid concealed handgun license" or "valid license to	998
carry a concealed handgun" means a concealed handgun license that	999
is currently valid, that is not under a suspension under division	1000
(A)(1) of section 2923.128 of the Revised Code, under section	1001
2923.1213 of the Revised Code, or under a suspension provision of	1002
the state other than this state in which the license was issued,	1003
and that has not been revoked under division (B)(1) of section	1004
2923.128 of the Revised Code, under section 2923.1213 of the	1005
Revised Code, or under a revocation provision of the state other	1006
than this state in which the license was issued.	1007

Sec. 2923.12.  (A) No person shall knowingly carry or have,	1008
concealed on the person's person or concealed ready at hand, any	1009
of the following:	1010

(1) A deadly weapon other than a handgun;

1011

(2) A handgun other than a dangerous ordnance;

1012

(3) A dangerous ordnance.

1013

(B) No person who has been issued a license or temporary	1014
emergency license to carry a concealed handgun under section	1015
2923.125 or 2923.1213 of the Revised Code or a license to carry a	1016
concealed handgun that was issued by another state with which the	1017
attorney general has entered into a reciprocity agreement under	1018
section 109.69 of the Revised Codelicense shall do any of the	1019
following:	1020

(1) If the person is stopped for a law enforcement purpose	1021
and is carrying a concealed handgun, fail to promptly inform any	1022
law enforcement officer who approaches the person after the person	1023
has been stopped that the person has been issued a license or	1024
temporary emergency license to carry a concealed handgun license	1025
and that the person then is carrying a concealed handgun;	1026

(2) If the person is stopped for a law enforcement purpose	1027
and if the person is carrying a concealed handgun, knowingly fail	1028
to keep the person's hands in plain sight at any time after any	1029
law enforcement officer begins approaching the person while	1030
stopped and before the law enforcement officer leaves, unless the	1031
failure is pursuant to and in accordance with directions given by	1032
a law enforcement officer;	1033

(3) If the person is stopped for a law enforcement purpose,	1034
if the person is carrying a concealed handgun, and if the person	1035
is approached by any law enforcement officer while stopped,	1036
knowingly remove or attempt to remove the loaded handgun from the	1037
holster, pocket, or other place in which the person is carrying	1038
it, knowingly grasp or hold the loaded handgun, or knowingly have	1039
contact with the loaded handgun by touching it with the person's	1040
hands or fingers at any time after the law enforcement officer	1041
begins approaching and before the law enforcement officer leaves,	1042
unless the person removes, attempts to remove, grasps, holds, or	1043
has contact with the loaded handgun pursuant to and in accordance	1044
with directions given by the law enforcement officer;	1045

(4) If the person is stopped for a law enforcement purpose	1046
and if the person is carrying a concealed handgun, knowingly	1047
disregard or fail to comply with any lawful order of any law	1048
enforcement officer given while the person is stopped, including,	1049
but not limited to, a specific order to the person to keep the	1050
person's hands in plain sight.	1051

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

1052

(a) An officer, agent, or employee of this or any other state	1053
or the United States, or to a law enforcement officer, who is	1054
authorized to carry concealed weapons or dangerous ordnance or is	1055
authorized to carry handguns and is acting within the scope of the	1056
officer's, agent's, or employee's duties;	1057

(b) Any person who is employed in this state, who is	1058
authorized to carry concealed weapons or dangerous ordnance or is	1059
authorized to carry handguns, and who is subject to and in	1060
compliance with the requirements of section 109.801 of the Revised	1061
Code, unless the appointing authority of the person has expressly	1062
specified that the exemption provided in division (C)(1)(b) of	1063
this section does not apply to the person;	1064

(c) A person's transportation or storage of a firearm, other	1065
than a firearm described in divisions (G) to (M) of section	1066
2923.11 of the Revised Code, in a motor vehicle for any lawful	1067
purpose if the firearm is not on the actor's person;	1068

(d) A person's storage or possession of a firearm, other than	1069
a firearm described in divisions (G) to (M) of section 2923.11 of	1070
the Revised Code, in the actor's own home for any lawful purpose.	1071

(2) Division (A)(2) of this section does not apply to any	1072
person who, at the time of the alleged carrying or possession of a	1073
handgun, is carrying a valid license or temporary emergency	1074
license to carry a concealed handgun issued to the person under	1075
section 2923.125 or 2923.1213 of the Revised Code or a license to	1076
carry a concealed handgun that was issued by another state with	1077
which the attorney general has entered into a reciprocity	1078
agreement under section 109.69 of the Revised Codelicense, unless	1079
the person knowingly is in a place described in division (B) of	1080
section 2923.126 of the Revised Code.	1081

(D) It is an affirmative defense to a charge under division	1082
(A)(1) of this section of carrying or having control of a weapon	1083
other than a handgun and other than a dangerous ordnance that the	1084
actor was not otherwise prohibited by law from having the weapon	1085
and that any of the following applies:	1086

(1) The weapon was carried or kept ready at hand by the actor	1087
for defensive purposes while the actor was engaged in or was going	1088
to or from the actor's lawful business or occupation, which	1089
business or occupation was of a character or was necessarily	1090
carried on in a manner or at a time or place as to render the	1091
actor particularly susceptible to criminal attack, such as would	1092
justify a prudent person in going armed.	1093

(2) The weapon was carried or kept ready at hand by the actor	1094
for defensive purposes while the actor was engaged in a lawful	1095
activity and had reasonable cause to fear a criminal attack upon	1096
the actor, a member of the actor's family, or the actor's home,	1097
such as would justify a prudent person in going armed.	1098

(3) The weapon was carried or kept ready at hand by the actor	1099
for any lawful purpose and while in the actor's own home.	1100

(E) No person who is charged with a violation of this section	1101
shall be required to obtain a license or temporary emergency	1102
license to carry a concealed handgun under section 2923.125 or	1103
2923.1213 of the Revised Codelicense as a condition for the	1104
dismissal of the charge.	1105

(F)(1) Whoever violates this section is guilty of carrying	1106
concealed weapons. Except as otherwise provided in this division	1107
or division (F)(2) of this section, carrying concealed weapons in	1108
violation of division (A) of this section is a misdemeanor of the	1109
first degree. Except as otherwise provided in this division or	1110
division (F)(2) of this section, if the offender previously has	1111
been convicted of a violation of this section or of any offense of	1112
violence, if the weapon involved is a firearm that is either	1113
loaded or for which the offender has ammunition ready at hand, or	1114
if the weapon involved is dangerous ordnance, carrying concealed	1115
weapons in violation of division (A) of this section is a felony	1116
of the fourth degree. Except as otherwise provided in division	1117
(F)(2) of this section, if the offense is committed aboard an	1118
aircraft, or with purpose to carry a concealed weapon aboard an	1119
aircraft, regardless of the weapon involved, carrying concealed	1120
weapons in violation of division (A) of this section is a felony	1121
of the third degree.	1122

(2) If a person being arrested for a violation of division	1123
(A)(2) of this section promptly produces a valid license or	1124
temporary emergency license to carry a concealed handgun issued	1125
under section 2923.125 or 2923.1213 of the Revised Code or a	1126
license to carry a concealed handgun that was issued by another	1127
state with which the attorney general has entered into a	1128
reciprocity agreement under section 109.69 of the Revised Code	1129
license, and if at the time of the violation the person was not	1130
knowingly in a place described in division (B) of section 2923.126	1131
of the Revised Code, the officer shall not arrest the person for a	1132
violation of that division. If the person is not able to promptly	1133
produce any of those types ofconcealed handgun license and if the	1134
person is not in a place described in that section, the officer	1135
may arrest the person for a violation of that division, and the	1136
offender shall be punished as follows:	1137

(a) The offender shall be guilty of a minor misdemeanor if	1138
both of the following apply:	1139

(i) Within ten days after the arrest, the offender presents a	1140
license or temporary emergency license to carry a concealed	1141
handgun issued under section 2923.125 or 2923.1213 of the Revised	1142
Code or a license to carry a concealed handgun that was issued by	1143
another state with which the attorney general has entered into a	1144
reciprocity agreement under section 109.69 of the Revised Code	1145
license, which license was valid at the time of the arrest to the	1146
law enforcement agency that employs the arresting officer.	1147

(ii) At the time of the arrest, the offender was not	1148
knowingly in a place described in division (B) of section 2923.126	1149
of the Revised Code.	1150

(b) The offender shall be guilty of a misdemeanor and shall	1151
be fined five hundred dollars if all of the following apply:	1152

(i) The offender previously had been issued a license to	1153
carry a concealed handgun under section 2923.125 of the Revised	1154
Code or a license to carry a concealed handgun that was issued by	1155
another state with which the attorney general has entered into a	1156
reciprocity agreement under section 109.69 of the Revised Code and	1157
that was similar in nature to a license issued under section	1158
2923.125 of the Revised Code, and that license expired within the	1159
two years immediately preceding the arrest.	1160

(ii) Within forty-five days after the arrest, the offender	1161
presents any type ofa concealed handgun license identified in	1162
division (F)(2)(a)(i) of this section to the law enforcement	1163
agency that employed the arresting officer, and the offender	1164
waives in writing the offender's right to a speedy trial on the	1165
charge of the violation that is provided in section 2945.71 of the	1166
Revised Code.	1167

(iii) At the time of the commission of the offense, the	1168
offender was not knowingly in a place described in division (B) of	1169
section 2923.126 of the Revised Code.	1170

(c) If neither division (F)(2)(a) nor (b) of this section	1171
applies, the offender shall be punished under division (F)(1) of	1172
this section.	1173

(3) Except as otherwise provided in this division, carrying	1174
concealed weapons in violation of division (B)(1) of this section	1175
is a misdemeanor of the first degree, and, in addition to any	1176
other penalty or sanction imposed for a violation of division	1177
(B)(1) of this section, the offender's license or temporary	1178
emergency license to carry a concealed handgun license shall be	1179
suspended pursuant to division (A)(2) of section 2923.128 of the	1180
Revised Code. If, at the time of the stop of the offender for a	1181
law enforcement purpose that was the basis of the violation, any	1182
law enforcement officer involved with the stop had actual	1183
knowledge that the offender has been issued a license or temporary	1184
emergency license to carry a concealed handgun license, carrying	1185
concealed weapons in violation of division (B)(1) of this section	1186
is a minor misdemeanor, and the offender's license or temporary	1187
emergency license to carry a concealed handgun license shall not	1188
be suspended pursuant to division (A)(2) of section 2923.128 of	1189
the Revised Code.	1190

(4) Carrying concealed weapons in violation of division	1191
(B)(2) or (4) of this section is a misdemeanor of the first degree	1192
or, if the offender previously has been convicted of or pleaded	1193
guilty to a violation of division (B)(2) or (4) of this section, a	1194
felony of the fifth degree. In addition to any other penalty or	1195
sanction imposed for a misdemeanor violation of division (B)(2) or	1196
(4) of this section, the offender's license or temporary emergency	1197
license to carry a concealed handgun license shall be suspended	1198
pursuant to division (A)(2) of section 2923.128 of the Revised	1199
Code.	1200

(5) Carrying concealed weapons in violation of division	1201
(B)(3) of this section is a felony of the fifth degree.	1202

(G) If a law enforcement officer stops a person to question	1203
the person regarding a possible violation of this section, for a	1204
traffic stop, or for any other law enforcement purpose, if the	1205
person surrenders a firearm to the officer, either voluntarily or	1206
pursuant to a request or demand of the officer, and if the officer	1207
does not charge the person with a violation of this section or	1208
arrest the person for any offense, the person is not otherwise	1209
prohibited by law from possessing the firearm, and the firearm is	1210
not contraband, the officer shall return the firearm to the person	1211
at the termination of the stop. If a court orders a law	1212
enforcement officer to return a firearm to a person pursuant to	1213
the requirement set forth in this division, division (B) of	1214
section 2923.163 of the Revised Code applies.	1215

Sec. 2923.121.  (A) No person shall possess a firearm in any	1216
room in which any person is consuming beer or intoxicating liquor	1217
in a premises for which a D permit has been issued under Chapter	1218
4303. of the Revised Code or in an open air arena for which a	1219
permit of that nature has been issued.	1220

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

1221

(a) An officer, agent, or employee of this or any other state	1222
or the United States, or to a law enforcement officer, who is	1223
authorized to carry firearms and is acting within the scope of the	1224
officer's, agent's, or employee's duties;	1225

(b) Any person who is employed in this state, who is	1226
authorized to carry firearms, and who is subject to and in	1227
compliance with the requirements of section 109.801 of the Revised	1228
Code, unless the appointing authority of the person has expressly	1229
specified that the exemption provided in division (B)(1)(b) of	1230
this section does not apply to the person;	1231

(c) Any room used for the accommodation of guests of a hotel,	1232
as defined in section 4301.01 of the Revised Code;	1233

(d) The principal holder of a D permit issued for a premises	1234
or an open air arena under Chapter 4303. of the Revised Code while	1235
in the premises or open air arena for which the permit was issued	1236
if the principal holder of the D permit also possesses a valid	1237
license or temporary emergency license to carry a concealed	1238
handgun issued to the principal holder under section 2923.125 or	1239
2923.1213 of the Revised Code or a license to carry a concealed	1240
handgun that was issued to the principal holder by another state	1241
with which the attorney general has entered into a reciprocity	1242
agreement under section 109.69 of the Revised Codelicense and as	1243
long as the principal holder is not consuming beer or intoxicating	1244
liquor or under the influence of alcohol or a drug of abuse, or	1245
any agent or employee of that holder who also is a peace officer,	1246
as defined in section 2151.3515 of the Revised Code, who is off	1247
duty, and who otherwise is authorized to carry firearms while in	1248
the course of the officer's official duties and while in the	1249
premises or open air arena for which the permit was issued and as	1250
long as the agent or employee of that holder is not consuming beer	1251
or intoxicating liquor or under the influence of alcohol or a drug	1252
of abuse.	1253

(e) Any person who is carrying a valid license or temporary	1254
emergency license to carry a concealed handgun issued to the	1255
person under section 2923.125 or 2923.1213 of the Revised Code or	1256
a license to carry a concealed handgun that was issued to the	1257
person by another state with which the attorney general has	1258
entered into a reciprocity agreement under section 109.69 of the	1259
Revised Codelicense, as long as the person is not consuming beer	1260
or intoxicating liquor or under the influence of alcohol or a drug	1261
of abuse.	1262

(2) This section does not prohibit any person who is a member	1263
of a veteran's organization, as defined in section 2915.01 of the	1264
Revised Code, from possessing a rifle in any room in any premises	1265
owned, leased, or otherwise under the control of the veteran's	1266
organization, if the rifle is not loaded with live ammunition and	1267
if the person otherwise is not prohibited by law from having the	1268
rifle.	1269

(3) This section does not apply to any person possessing or	1270
displaying firearms in any room used to exhibit unloaded firearms	1271
for sale or trade in a soldiers' memorial established pursuant to	1272
Chapter 345. of the Revised Code, in a convention center, or in	1273
any other public meeting place, if the person is an exhibitor,	1274
trader, purchaser, or seller of firearms and is not otherwise	1275
prohibited by law from possessing, trading, purchasing, or selling	1276
the firearms.	1277

(C) It is an affirmative defense to a charge under this	1278
section of illegal possession of a firearm in a liquor permit	1279
premises that involves the possession of a firearm other than a	1280
handgun, that the actor was not otherwise prohibited by law from	1281
having the firearm, and that any of the following apply:	1282

(1) The firearm was carried or kept ready at hand by the	1283
actor for defensive purposes, while the actor was engaged in or	1284
was going to or from the actor's lawful business or occupation,	1285
which business or occupation was of such character or was	1286
necessarily carried on in such manner or at such a time or place	1287
as to render the actor particularly susceptible to criminal	1288
attack, such as would justify a prudent person in going armed.	1289

(2) The firearm was carried or kept ready at hand by the	1290
actor for defensive purposes, while the actor was engaged in a	1291
lawful activity, and had reasonable cause to fear a criminal	1292
attack upon the actor or a member of the actor's family, or upon	1293
the actor's home, such as would justify a prudent person in going	1294
armed.	1295

(D) No person who is charged with a violation of this section	1296
shall be required to obtain a license or temporary emergency	1297
license to carry a concealed handgun under section 2923.125 or	1298
2923.1213 of the Revised Codelicense as a condition for the	1299
dismissal of the charge.	1300

(E) Whoever violates this section is guilty of illegal	1301
possession of a firearm in a liquor permit premises. Except as	1302
otherwise provided in this division, illegal possession of a	1303
firearm in a liquor permit premises is a felony of the fifth	1304
degree. If the offender commits the violation of this section by	1305
knowingly carrying or having the firearm concealed on the	1306
offender's person or concealed ready at hand, illegal possession	1307
of a firearm in a liquor permit premises is a felony of the third	1308
degree.	1309

(F) As used in this section, "beer" and "intoxicating liquor"	1310
have the same meanings as in section 4301.01 of the Revised Code.	1311

Sec. 2923.122.  (A) No person shall knowingly convey, or	1312
attempt to convey, a deadly weapon or dangerous ordnance into a	1313
school safety zone.	1314

(B) No person shall knowingly possess a deadly weapon or	1315
dangerous ordnance in a school safety zone.	1316

(C) No person shall knowingly possess an object in a school	1317
safety zone if both of the following apply:	1318

(1) The object is indistinguishable from a firearm, whether	1319
or not the object is capable of being fired.	1320

(2) The person indicates that the person possesses the object	1321
and that it is a firearm, or the person knowingly displays or	1322
brandishes the object and indicates that it is a firearm.	1323

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

1324

(a) An officer, agent, or employee of this or any other state	1325
or the United States, or a law enforcement officer, who is	1326
authorized to carry deadly weapons or dangerous ordnance and is	1327
acting within the scope of the officer's, agent's, or employee's	1328
duties, a security officer employed by a board of education or	1329
governing body of a school during the time that the security	1330
officer is on duty pursuant to that contract of employment, or any	1331
other person who has written authorization from the board of	1332
education or governing body of a school to convey deadly weapons	1333
or dangerous ordnance into a school safety zone or to possess a	1334
deadly weapon or dangerous ordnance in a school safety zone and	1335
who conveys or possesses the deadly weapon or dangerous ordnance	1336
in accordance with that authorization;	1337

(b) Any person who is employed in this state, who is	1338
authorized to carry deadly weapons or dangerous ordnance, and who	1339
is subject to and in compliance with the requirements of section	1340
109.801 of the Revised Code, unless the appointing authority of	1341
the person has expressly specified that the exemption provided in	1342
division (D)(1)(b) of this section does not apply to the person.	1343

(2) Division (C) of this section does not apply to premises	1344
upon which home schooling is conducted. Division (C) of this	1345
section also does not apply to a school administrator, teacher, or	1346
employee who possesses an object that is indistinguishable from a	1347
firearm for legitimate school purposes during the course of	1348
employment, a student who uses an object that is indistinguishable	1349
from a firearm under the direction of a school administrator,	1350
teacher, or employee, or any other person who with the express	1351
prior approval of a school administrator possesses an object that	1352
is indistinguishable from a firearm for a legitimate purpose,	1353
including the use of the object in a ceremonial activity, a play,	1354
reenactment, or other dramatic presentation, or a ROTC activity or	1355
another similar use of the object.	1356

(3) This section does not apply to a person who conveys or	1357
attempts to convey a handgun into, or possesses a handgun in, a	1358
school safety zone if, at the time of that conveyance, attempted	1359
conveyance, or possession of the handgun, all of the following	1360
apply:	1361

(a) The person does not enter into a school building or onto	1362
school premises and is not at a school activity.	1363

(b) The person is carrying a valid license or temporary	1364
emergency license to carry a concealed handgun issued to the	1365
person under section 2923.125 or 2923.1213 of the Revised Code or	1366
a license to carry a concealed handgun that was issued by another	1367
state with which the attorney general has entered into a	1368
reciprocity agreement under section 109.69 of the Revised Code	1369
license.	1370

(c) The person is in the school safety zone in accordance	1371
with 18 U.S.C. 922(q)(2)(B).	1372

(d) The person is not knowingly in a place described in	1373
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	1374
Revised Code.	1375

(4) This section does not apply to a person who conveys or	1376
attempts to convey a handgun into, or possesses a handgun in, a	1377
school safety zone if at the time of that conveyance, attempted	1378
conveyance, or possession of the handgun all of the following	1379
apply:	1380

(a) The person is carrying a valid license or temporary	1381
emergency license to carry a concealed handgun issued to the	1382
person under section 2923.125 or 2923.1213 of the Revised Code or	1383
a license to carry a concealed handgun that was issued by another	1384
state with which the attorney general has entered into a	1385
reciprocity agreement under section 109.69 of the Revised Code	1386
license.	1387

(b) The person is the driver or passenger in a motor vehicle	1388
and is in the school safety zone while immediately in the process	1389
of picking up or dropping off a child.	1390

(c) The person is not in violation of section 2923.16 of the	1391
Revised Code.	1392

(E)(1) Whoever violates division (A) or (B) of this section	1393
is guilty of illegal conveyance or possession of a deadly weapon	1394
or dangerous ordnance in a school safety zone. Except as otherwise	1395
provided in this division, illegal conveyance or possession of a	1396
deadly weapon or dangerous ordnance in a school safety zone is a	1397
felony of the fifth degree. If the offender previously has been	1398
convicted of a violation of this section, illegal conveyance or	1399
possession of a deadly weapon or dangerous ordnance in a school	1400
safety zone is a felony of the fourth degree.	1401

(2) Whoever violates division (C) of this section is guilty	1402
of illegal possession of an object indistinguishable from a	1403
firearm in a school safety zone. Except as otherwise provided in	1404
this division, illegal possession of an object indistinguishable	1405
from a firearm in a school safety zone is a misdemeanor of the	1406
first degree. If the offender previously has been convicted of a	1407
violation of this section, illegal possession of an object	1408
indistinguishable from a firearm in a school safety zone is a	1409
felony of the fifth degree.	1410

(F)(1) In addition to any other penalty imposed upon a person	1411
who is convicted of or pleads guilty to a violation of this	1412
section and subject to division (F)(2) of this section, if the	1413
offender has not attained nineteen years of age, regardless of	1414
whether the offender is attending or is enrolled in a school	1415
operated by a board of education or for which the state board of	1416
education prescribes minimum standards under section 3301.07 of	1417
the Revised Code, the court shall impose upon the offender a class	1418
four suspension of the offender's probationary driver's license,	1419
restricted license, driver's license, commercial driver's license,	1420
temporary instruction permit, or probationary commercial driver's	1421
license that then is in effect from the range specified in	1422
division (A)(4) of section 4510.02 of the Revised Code and shall	1423
deny the offender the issuance of any permit or license of that	1424
type during the period of the suspension.	1425

If the offender is not a resident of this state, the court	1426
shall impose a class four suspension of the nonresident operating	1427
privilege of the offender from the range specified in division	1428
(A)(4) of section 4510.02 of the Revised Code.	1429

(2) If the offender shows good cause why the court should not	1430
suspend one of the types of licenses, permits, or privileges	1431
specified in division (F)(1) of this section or deny the issuance	1432
of one of the temporary instruction permits specified in that	1433
division, the court in its discretion may choose not to impose the	1434
suspension, revocation, or denial required in that division.	1435

(G) As used in this section, "object that is	1436
indistinguishable from a firearm" means an object made,	1437
constructed, or altered so that, to a reasonable person without	1438
specialized training in firearms, the object appears to be a	1439
firearm.	1440

Sec. 2923.123.  (A) No person shall knowingly convey or	1441
attempt to convey a deadly weapon or dangerous ordnance into a	1442
courthouse or into another building or structure in which a	1443
courtroom is located.	1444

(B) No person shall knowingly possess or have under the	1445
person's control a deadly weapon or dangerous ordnance in a	1446
courthouse or in another building or structure in which a	1447
courtroom is located.	1448

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

1449

(1) Except as provided in division (E) of this section, a	1450
judge of a court of record of this state or a magistrate;	1451

(2) A peace officer, officer of a law enforcement agency, or	1452
person who is in either of the following categories:	1453

(a) Except as provided in division (E) of this section, a	1454
peace officer, or an officer of a law enforcement agency of	1455
another state, a political subdivision of another state, or the	1456
United States, who is authorized to carry a deadly weapon or	1457
dangerous ordnance, who possesses or has under that individual's	1458
control a deadly weapon or dangerous ordnance as a requirement of	1459
that individual's duties, and who is acting within the scope of	1460
that individual's duties at the time of that possession or	1461
control;	1462

(b) Except as provided in division (E) of this section, a	1463
person who is employed in this state, who is authorized to carry a	1464
deadly weapon or dangerous ordnance, who possesses or has under	1465
that individual's control a deadly weapon or dangerous ordnance as	1466
a requirement of that person's duties, and who is subject to and	1467
in compliance with the requirements of section 109.801 of the	1468
Revised Code, unless the appointing authority of the person has	1469
expressly specified that the exemption provided in division	1470
(C)(2)(b) of this section does not apply to the person.	1471

(3) A person who conveys, attempts to convey, possesses, or	1472
has under the person's control a deadly weapon or dangerous	1473
ordnance that is to be used as evidence in a pending criminal or	1474
civil action or proceeding;	1475

(4) Except as provided in division (E) of this section, a	1476
bailiff or deputy bailiff of a court of record of this state who	1477
is authorized to carry a firearm pursuant to section 109.77 of the	1478
Revised Code, who possesses or has under that individual's control	1479
a firearm as a requirement of that individual's duties, and who is	1480
acting within the scope of that individual's duties at the time of	1481
that possession or control;	1482

(5) Except as provided in division (E) of this section, a	1483
prosecutor, or a secret service officer appointed by a county	1484
prosecuting attorney, who is authorized to carry a deadly weapon	1485
or dangerous ordnance in the performance of the individual's	1486
duties, who possesses or has under that individual's control a	1487
deadly weapon or dangerous ordnance as a requirement of that	1488
individual's duties, and who is acting within the scope of that	1489
individual's duties at the time of that possession or control;	1490

(6) Except as provided in division (E) of this section, a	1491
person who conveys or attempts to convey a handgun into a	1492
courthouse or into another building or structure in which a	1493
courtroom is located, who, at the time of the conveyance or	1494
attempt, is carrying a valid license or temporary emergency	1495
license to carry a concealed handgun issued to the person under	1496
section 2923.125 or 2923.1213 of the Revised Code or a license to	1497
carry a concealed handgun that was issued by another state with	1498
which the attorney general has entered into a reciprocity	1499
agreement under section 109.69 of the Revised Codelicense, and	1500
who transfers possession of the handgun to the officer or	1501
officer's designee who has charge of the courthouse or building.	1502
The officer shall secure the handgun until the licensee is	1503
prepared to leave the premises. The exemption described in this	1504
division applies only if the officer who has charge of the	1505
courthouse or building provides services of the nature described	1506
in this division. An officer who has charge of the courthouse or	1507
building is not required to offer services of the nature described	1508
in this division.	1509

(D)(1) Whoever violates division (A) of this section is	1510
guilty of illegal conveyance of a deadly weapon or dangerous	1511
ordnance into a courthouse. Except as otherwise provided in this	1512
division, illegal conveyance of a deadly weapon or dangerous	1513
ordnance into a courthouse is a felony of the fifth degree. If the	1514
offender previously has been convicted of a violation of division	1515
(A) or (B) of this section, illegal conveyance of a deadly weapon	1516
or dangerous ordnance into a courthouse is a felony of the fourth	1517
degree.	1518

(2) Whoever violates division (B) of this section is guilty	1519
of illegal possession or control of a deadly weapon or dangerous	1520
ordnance in a courthouse. Except as otherwise provided in this	1521
division, illegal possession or control of a deadly weapon or	1522
dangerous ordnance in a courthouse is a felony of the fifth	1523
degree. If the offender previously has been convicted of a	1524
violation of division (A) or (B) of this section, illegal	1525
possession or control of a deadly weapon or dangerous ordnance in	1526
a courthouse is a felony of the fourth degree.	1527

(E) The exemptions described in divisions (C)(1), (2)(a),	1528
(2)(b), (4), (5), and (6) of this section do not apply to any	1529
judge, magistrate, peace officer, officer of a law enforcement	1530
agency, bailiff, deputy bailiff, prosecutor, secret service	1531
officer, or other person described in any of those divisions if a	1532
rule of superintendence or another type of rule adopted by the	1533
supreme court pursuant to Article IV, Ohio Constitution, or an	1534
applicable local rule of court prohibits all persons from	1535
conveying or attempting to convey a deadly weapon or dangerous	1536
ordnance into a courthouse or into another building or structure	1537
in which a courtroom is located or from possessing or having under	1538
one's control a deadly weapon or dangerous ordnance in a	1539
courthouse or in another building or structure in which a	1540
courtroom is located.	1541

(F) As used in this section:

1542

(1) "Magistrate" means an individual who is appointed by a	1543
court of record of this state and who has the powers and may	1544
perform the functions specified in Civil Rule 53, Criminal Rule	1545
19, or Juvenile Rule 40.	1546

(2) "Peace officer" and "prosecutor" have the same meanings	1547
as in section 2935.01 of the Revised Code.	1548

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	1549
the Revised Code:	1550

(A) "Application form" means the application form prescribed	1551
pursuant to division (A)(1) of section 109.731 of the Revised Code	1552
and includes a copy of that form.	1553

(B) "Competency certification" and "competency certificate"	1554
mean a document of the type described in division (B)(3) of	1555
section 2923.125 of the Revised Code.	1556

(C) "Detention facility" has the same meaning as in section	1557
2921.01 of the Revised Code.	1558

(D) "Licensee" means a person to whom a license to carry a	1559
concealed handgun license has been issued under section 2923.125	1560
of the Revised Code and, except when the context clearly indicates	1561
otherwise, includes a person to whom a temporary emergency license	1562
to carry a concealed handgun license on a temporary emergency	1563
basis has been issued under section 2923.1213 of the Revised Code	1564
and a person to whom a concealed handgun license has been issued	1565
by another state.	1566

(E) "License fee" or "license renewal fee" means the fee for	1567
a license to carry a concealed handgun license or the fee to renew	1568
that license that is prescribed pursuant to division (C) of	1569
section 109.731 of the Revised Code and that is to be paid by an	1570
applicant for a license of that type.	1571

(F) "Peace officer" has the same meaning as in section	1572
2935.01 of the Revised Code.	1573

(G) "State correctional institution" has the same meaning as	1574
in section 2967.01 of the Revised Code.	1575

(H) "Valid license" means a license or temporary emergency	1576
license to carry a concealed handgun that has been issued under	1577
section 2923.125 or 2923.1213 of the Revised Code, that is	1578
currently valid, that is not under a suspension under division	1579
(A)(1) of section 2923.128 or under section 2923.1213 of the	1580
Revised Code, and that has not been revoked under division (B)(1)	1581
of section 2923.128 or under section 2923.1213 of the Revised	1582
Code.	1583

(I) "Civil protection order" means a protection order issued,	1584
or consent agreement approved, under section 2903.214 or 3113.31	1585
of the Revised Code.	1586

(J)(I) "Temporary protection order" means a protection order	1587
issued under section 2903.213 or 2919.26 of the Revised Code.	1588

(K)(J) "Protection order issued by a court of another state"	1589
has the same meaning as in section 2919.27 of the Revised Code.	1590

(L)(K) "Child day-care center," "type A family day-care home"	1591
and "type B family day-care home" have the same meanings as in	1592
section 5104.01 of the Revised Code.	1593

(M)(L) "Type C family day-care home" means a family day-care	1594
home authorized to provide child care by Sub. H.B. 62 of the 121st	1595
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	1596
general assembly and Sub. H.B. 407 of the 123rd general assembly.	1597

(N)(M) "Foreign air transportation," "interstate air	1598
transportation," and "intrastate air transportation" have the same	1599
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1600

(O)(N) "Commercial motor vehicle" has the same meaning as in	1601
division (A) of section 4506.25 of the Revised Code.	1602

(P)(O) "Motor carrier enforcement unit" has the same meaning	1603
as in section 2923.16 of the Revised Code.	1604

Sec. 2923.125.  (A) This section applies with respect to the	1605
application for and issuance by this state of concealed handgun	1606
licenses other than concealed handgun licenses on a temporary	1607
emergency basis that are issued under section 2923.1213 of the	1608
Revised Code. Upon the request of a person who wishes to obtain a	1609
license to carry a concealed handgun license with respect to which	1610
this section applies or to renew a license to carry a concealed	1611
handgun license with respect to which this section applies, a	1612
sheriff, as provided in division (I) of this section, shall	1613
provide to the person free of charge an application form and the	1614
web site address at which the pamphlet described in division (B)	1615
of section 109.731 of the Revised Code may be found. A sheriff	1616
shall accept a completed application form and the fee, items,	1617
materials, and information specified in divisions (B)(1) to (5) of	1618
this section at the times and in the manners described in division	1619
(I) of this section.	1620

(B) An applicant for a license to carry a concealed handgun	1621
license with respect to which this section applies shall submit a	1622
completed application form and all of the following to the sheriff	1623
of the county in which the applicant resides or to the sheriff of	1624
any county adjacent to the county in which the applicant resides:	1625

(1)(a) A nonrefundable license fee as described in either of	1626
the following:	1627

(i) For an applicant who has been a resident of this state	1628
for five or more years, a fee of sixty-seven dollars;	1629

(ii) For an applicant who has been a resident of this state	1630
for less than five years, a fee of sixty-seven dollars plus the	1631
actual cost of having a background check performed by the federal	1632
bureau of investigation.	1633

(b) No sheriff shall require an applicant to pay for the cost	1634
of a background check performed by the bureau of criminal	1635
identification and investigation.	1636

(c) A sheriff shall waive the payment of the license fee	1637
described in division (B)(1)(a) of this section in connection with	1638
an initial or renewal application for a license that is submitted	1639
by an applicant who is a retired peace officer, a retired person	1640
described in division (B)(1)(b) of section 109.77 of the Revised	1641
Code, or a retired federal law enforcement officer who, prior to	1642
retirement, was authorized under federal law to carry a firearm in	1643
the course of duty, unless the retired peace officer, person, or	1644
federal law enforcement officer retired as the result of a mental	1645
disability.	1646

(d) The sheriff shall deposit all fees paid by an applicant	1647
under division (B)(1)(a) of this section into the sheriff's	1648
concealed handgun license issuance fund established pursuant to	1649
section 311.42 of the Revised Code. The county shall distribute	1650
the fees in accordance with section 311.42 of the Revised Code.	1651

(2) A color photograph of the applicant that was taken within	1652
thirty days prior to the date of the application;	1653

(3) One or more of the following competency certifications,	1654
each of which shall reflect that, regarding a certification	1655
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1656
section, within the three years immediately preceding the	1657
application the applicant has performed that to which the	1658
competency certification relates and that, regarding a	1659
certification described in division (B)(3)(d) of this section, the	1660
applicant currently is an active or reserve member of the armed	1661
forces of the United States or within the six years immediately	1662
preceding the application the honorable discharge or retirement to	1663
which the competency certification relates occurred:	1664

(a) An original or photocopy of a certificate of completion	1665
of a firearms safety, training, or requalification or firearms	1666
safety instructor course, class, or program that was offered by or	1667
under the auspices of the national rifle association and that	1668
complies with the requirements set forth in division (G) of this	1669
section;	1670

(b) An original or photocopy of a certificate of completion	1671
of a firearms safety, training, or requalification or firearms	1672
safety instructor course, class, or program that satisfies all of	1673
the following criteria:	1674

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

1675

(ii) It utilized qualified instructors who were certified by	1676
the national rifle association, the executive director of the Ohio	1677
peace officer training commission pursuant to section 109.75 or	1678
109.78 of the Revised Code, or a governmental official or entity	1679
of another state.	1680

(iii) It was offered by or under the auspices of a law	1681
enforcement agency of this or another state or the United States,	1682
a public or private college, university, or other similar	1683
postsecondary educational institution located in this or another	1684
state, a firearms training school located in this or another	1685
state, or another type of public or private entity or organization	1686
located in this or another state.	1687

(iv) It complies with the requirements set forth in division	1688
(G) of this section.	1689

(c) An original or photocopy of a certificate of completion	1690
of a state, county, municipal, or department of natural resources	1691
peace officer training school that is approved by the executive	1692
director of the Ohio peace officer training commission pursuant to	1693
section 109.75 of the Revised Code and that complies with the	1694
requirements set forth in division (G) of this section, or the	1695
applicant has satisfactorily completed and been issued a	1696
certificate of completion of a basic firearms training program, a	1697
firearms requalification training program, or another basic	1698
training program described in section 109.78 or 109.801 of the	1699
Revised Code that complies with the requirements set forth in	1700
division (G) of this section;	1701

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

1702

(i) That the applicant is an active or reserve member of the	1703
armed forces of the United States, was honorably discharged from	1704
military service in the active or reserve armed forces of the	1705
United States, is a retired trooper of the state highway patrol,	1706
or is a retired peace officer or federal law enforcement officer	1707
described in division (B)(1) of this section or a retired person	1708
described in division (B)(1)(b) of section 109.77 of the Revised	1709
Code and division (B)(1) of this section;	1710

(ii) That, through participation in the military service or	1711
through the former employment described in division (B)(3)(d)(i)	1712
of this section, the applicant acquired experience with handling	1713
handguns or other firearms, and the experience so acquired was	1714
equivalent to training that the applicant could have acquired in a	1715
course, class, or program described in division (B)(3)(a), (b), or	1716
(c) of this section.	1717

(e) A certificate or another similar document that evidences	1718
satisfactory completion of a firearms training, safety, or	1719
requalification or firearms safety instructor course, class, or	1720
program that is not otherwise described in division (B)(3)(a),	1721
(b), (c), or (d) of this section, that was conducted by an	1722
instructor who was certified by an official or entity of the	1723
government of this or another state or the United States or by the	1724
national rifle association, and that complies with the	1725
requirements set forth in division (G) of this section;	1726

(f) An affidavit that attests to the applicant's satisfactory	1727
completion of a course, class, or program described in division	1728
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1729
by the applicant's instructor or an authorized representative of	1730
the entity that offered the course, class, or program or under	1731
whose auspices the course, class, or program was offered.	1732

(4) A certification by the applicant that the applicant has	1733
read the pamphlet prepared by the Ohio peace officer training	1734
commission pursuant to section 109.731 of the Revised Code that	1735
reviews firearms, dispute resolution, and use of deadly force	1736
matters.	1737

(5) A set of fingerprints of the applicant provided as	1738
described in section 311.41 of the Revised Code through use of an	1739
electronic fingerprint reading device or, if the sheriff to whom	1740
the application is submitted does not possess and does not have	1741
ready access to the use of such a reading device, on a standard	1742
impression sheet prescribed pursuant to division (C)(2) of section	1743
109.572 of the Revised Code.	1744

(C) Upon receipt of an applicant'sthe completed application	1745
form, supporting documentation, and, if not waived, license fee of	1746
an applicant under this section, a sheriff, in the manner	1747
specified in section 311.41 of the Revised Code, shall conduct or	1748
cause to be conducted the criminal records check and the	1749
incompetency records check described in section 311.41 of the	1750
Revised Code.	1751

(D)(1) Except as provided in division (D)(3) or (4) of this	1752
section, within forty-five days after a sheriff's receipt of an	1753
applicant's completed application form for a license to carry a	1754
concealed handgun license under this section, the supporting	1755
documentation, and, if not waived, the license fee, the sheriff	1756
shall make available through the law enforcement automated data	1757
system in accordance with division (H) of this section the	1758
information described in that division and, upon making the	1759
information available through the system, shall issue to the	1760
applicant a license to carry a concealed handgun license that	1761
shall expire as described in division (D)(2)(a) of this section if	1762
all of the following apply:	1763

(a) The applicant is legally living in the United States, has	1764
been a resident of this state for at least forty-five days, and	1765
has been a resident of the county in which the person seeks the	1766
license or a county adjacent to the county in which the person	1767
seeks the license for at least thirty days. For purposes of	1768
division (D)(1)(a) of this section:	1769

(i) If a person is absent from the United States, from this	1770
state, or from a particular county in this state in compliance	1771
with military or naval orders as an active or reserve member of	1772
the armed forces of the United States and if prior to leaving this	1773
state in compliance with those orders the person was legally	1774
living in the United States and was a resident of this state, the	1775
person, solely by reason of that absence, shall not be considered	1776
to have lost the person's status as living in the United States or	1777
the person's residence in this state or in the county in which the	1778
person was a resident prior to leaving this state in compliance	1779
with those orders, without regard to whether or not the person	1780
intends to return to this state or to that county, shall not be	1781
considered to have acquired a residence in any other state, and	1782
shall not be considered to have become a resident of any other	1783
state.	1784

(ii) If a person is present in this state in compliance with	1785
military or naval orders as an active or reserve member of the	1786
armed forces of the United States for at least forty-five days,	1787
the person shall be considered to have been a resident of this	1788
state for that period of at least forty-five days, and, if a	1789
person is present in a county of this state in compliance with	1790
military or naval orders as an active or reserve member of the	1791
armed forces of the United States for at least thirty days, the	1792
person shall be considered to have been a resident of that county	1793
for that period of at least thirty days.	1794

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

1795

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

1796

(d) The applicant is not under indictment for or otherwise	1797
charged with a felony; an offense under Chapter 2925., 3719., or	1798
4729. of the Revised Code that involves the illegal possession,	1799
use, sale, administration, or distribution of or trafficking in a	1800
drug of abuse; a misdemeanor offense of violence; or a violation	1801
of section 2903.14 or 2923.1211 of the Revised Code.	1802

(e) Except as otherwise provided in division (D)(5) of this	1803
section, the applicant has not been convicted of or pleaded guilty	1804
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1805
the Revised Code that involves the illegal possession, use, sale,	1806
administration, or distribution of or trafficking in a drug of	1807
abuse; has not been adjudicated a delinquent child for committing	1808
an act that if committed by an adult would be a felony or would be	1809
an offense under Chapter 2925., 3719., or 4729. of the Revised	1810
Code that involves the illegal possession, use, sale,	1811
administration, or distribution of or trafficking in a drug of	1812
abuse; and has not been convicted of, pleaded guilty to, or	1813
adjudicated a delinquent child for committing a violation of	1814
section 2903.13 of the Revised Code when the victim of the	1815
violation is a peace officer, regardless of whether the applicant	1816
was sentenced under division (C)(3) of that section.	1817

(f) Except as otherwise provided in division (D)(5) of this	1818
section, the applicant, within three years of the date of the	1819
application, has not been convicted of or pleaded guilty to a	1820
misdemeanor offense of violence other than a misdemeanor violation	1821
of section 2921.33 of the Revised Code or a violation of section	1822
2903.13 of the Revised Code when the victim of the violation is a	1823
peace officer, or a misdemeanor violation of section 2923.1211 of	1824
the Revised Code; and has not been adjudicated a delinquent child	1825
for committing an act that if committed by an adult would be a	1826
misdemeanor offense of violence other than a misdemeanor violation	1827
of section 2921.33 of the Revised Code or a violation of section	1828
2903.13 of the Revised Code when the victim of the violation is a	1829
peace officer or for committing an act that if committed by an	1830
adult would be a misdemeanor violation of section 2923.1211 of the	1831
Revised Code.	1832

(g) Except as otherwise provided in division (D)(1)(e) of	1833
this section, the applicant, within five years of the date of the	1834
application, has not been convicted of, pleaded guilty to, or	1835
adjudicated a delinquent child for committing two or more	1836
violations of section 2903.13 or 2903.14 of the Revised Code.	1837

(h) Except as otherwise provided in division (D)(5) of this	1838
section, the applicant, within ten years of the date of the	1839
application, has not been convicted of, pleaded guilty to, or	1840
adjudicated a delinquent child for committing a violation of	1841
section 2921.33 of the Revised Code.	1842

(i) The applicant has not been adjudicated as a mental	1843
defective, has not been committed to any mental institution, is	1844
not under adjudication of mental incompetence, has not been found	1845
by a court to be a mentally ill person subject to hospitalization	1846
by court order, and is not an involuntary patient other than one	1847
who is a patient only for purposes of observation. As used in this	1848
division, "mentally ill person subject to hospitalization by court	1849
order" and "patient" have the same meanings as in section 5122.01	1850
of the Revised Code.	1851

(j) The applicant is not currently subject to a civil	1852
protection order, a temporary protection order, or a protection	1853
order issued by a court of another state.	1854

(k) The applicant certifies that the applicant desires a	1855
legal means to carry a concealed handgun for defense of the	1856
applicant or a member of the applicant's family while engaged in	1857
lawful activity.	1858

(l) The applicant submits a competency certification of the	1859
type described in division (B)(3) of this section and submits a	1860
certification of the type described in division (B)(4) of this	1861
section regarding the applicant's reading of the pamphlet prepared	1862
by the Ohio peace officer training commission pursuant to section	1863
109.731 of the Revised Code.	1864

(m) The applicant currently is not subject to a suspension	1865
imposed under division (A)(2) of section 2923.128 of the Revised	1866
Code of a license to carry a concealed handgun, or a temporary	1867
emergency license to carry a concealed handgun,license that	1868
previously was issued to the applicant under this section or	1869
section 2923.1213 of the Revised Code.	1870

(2)(a) A license to carry a concealed handgun license that a	1871
sheriff issues under division (D)(1) of this section on or after	1872
March 14, 2007, shall expire five years after the date of	1873
issuance. A license to carry a concealed handgun that a sheriff	1874
issued under division (D)(1) of this section prior to March 14,	1875
2007, shall expire four years after the date of issuance.	1876

If a sheriff issues a license under this section, the sheriff	1877
shall place on the license a unique combination of letters and	1878
numbers identifying the license in accordance with the procedure	1879
prescribed by the Ohio peace officer training commission pursuant	1880
to section 109.731 of the Revised Code.	1881

(b) If a sheriff denies an application under this section	1882
because the applicant does not satisfy the criteria described in	1883
division (D)(1) of this section, the sheriff shall specify the	1884
grounds for the denial in a written notice to the applicant. The	1885
applicant may appeal the denial pursuant to section 119.12 of the	1886
Revised Code in the county served by the sheriff who denied the	1887
application. If the denial was as a result of the criminal records	1888
check conducted pursuant to section 311.41 of the Revised Code and	1889
if, pursuant to section 2923.127 of the Revised Code, the	1890
applicant challenges the criminal records check results using the	1891
appropriate challenge and review procedure specified in that	1892
section, the time for filing the appeal pursuant to section 119.12	1893
of the Revised Code and this division is tolled during the	1894
pendency of the request or the challenge and review. If the court	1895
in an appeal under section 119.12 of the Revised Code and this	1896
division enters a judgment sustaining the sheriff's refusal to	1897
grant to the applicant a license to carry a concealed handgun	1898
license, the applicant may file a new application beginning one	1899
year after the judgment is entered. If the court enters a judgment	1900
in favor of the applicant, that judgment shall not restrict the	1901
authority of a sheriff to suspend or revoke the license pursuant	1902
to section 2923.128 or 2923.1213 of the Revised Code or to refuse	1903
to renew the license for any proper cause that may occur after the	1904
date the judgment is entered. In the appeal, the court shall have	1905
full power to dispose of all costs.	1906

(3) If the sheriff with whom an application for a license to	1907
carry a concealed handgun license was filed under this section	1908
becomes aware that the applicant has been arrested for or	1909
otherwise charged with an offense that would disqualify the	1910
applicant from holding the license, the sheriff shall suspend the	1911
processing of the application until the disposition of the case	1912
arising from the arrest or charge.	1913

(4) If the sheriff determines that the applicant is legally	1914
living in the United States and is a resident of the county in	1915
which the applicant seeks the license or of an adjacent county but	1916
does not yet meet the residency requirements described in division	1917
(D)(1)(a) of this section, the sheriff shall not deny the license	1918
because of the residency requirements but shall not issue the	1919
license until the applicant meets those residency requirements.	1920

(5) If an applicant has been convicted of or pleaded guilty	1921
to an offense identified in division (D)(1)(e), (f), or (h) of	1922
this section or has been adjudicated a delinquent child for	1923
committing an act or violation identified in any of those	1924
divisions, and if a court has ordered the sealing or expungement	1925
of the records of that conviction, guilty plea, or adjudication	1926
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1927
2953.36, or section 2953.37 of the Revised Code or a court has	1928
granted the applicant relief pursuant to section 2923.14 of the	1929
Revised Code from the disability imposed pursuant to section	1930
2923.13 of the Revised Code relative to that conviction, guilty	1931
plea, or adjudication, the sheriff with whom the application was	1932
submitted shall not consider the conviction, guilty plea, or	1933
adjudication in making a determination under division (D)(1) or	1934
(F) of this section or, in relation to an application for a	1935
temporary emergency license to carry a concealed handgun license	1936
on a temporary emergency basis submitted under section 2923.1213	1937
of the Revised Code, in making a determination under division	1938
(B)(2) of that section.	1939

(E) If a license to carry a concealed handgun license issued	1940
under this section is lost or is destroyed, the licensee may	1941
obtain from the sheriff who issued that license a duplicate	1942
license upon the payment of a fee of fifteen dollars and the	1943
submission of an affidavit attesting to the loss or destruction of	1944
the license. The sheriff, in accordance with the procedures	1945
prescribed in section 109.731 of the Revised Code, shall place on	1946
the replacement license a combination of identifying numbers	1947
different from the combination on the license that is being	1948
replaced.	1949

(F)(1) A licensee who wishes to renew a license to carry a	1950
concealed handgun license issued under this section shall do so	1951
not earlier than ninety days before the expiration date of the	1952
license or at any time after the expiration date of the license by	1953
filing with the sheriff of the county in which the applicant	1954
resides or with the sheriff of an adjacent county an application	1955
for renewal of the license obtained pursuant to division (D) of	1956
this section, a certification by the applicant that, subsequent to	1957
the issuance of the license, the applicant has reread the pamphlet	1958
prepared by the Ohio peace officer training commission pursuant to	1959
section 109.731 of the Revised Code that reviews firearms, dispute	1960
resolution, and use of deadly force matters, and a nonrefundable	1961
license renewal fee in an amount determined pursuant to division	1962
(F)(4) of this section unless the fee is waived, and one of the	1963
following:	1964

(a) If the licensee previously has not renewed a license to	1965
carry a concealed handgun issued under this section, proof that	1966
the licensee at one time had a competency certification of the	1967
type described in division (B)(3) of this section. A valid	1968
license, expired license, or any other previously issued license	1969
that has not been revoked is prima-facie evidence that the	1970
licensee at one time had a competency certification of the type	1971
described in division (B)(3) of this section.	1972

(b) If the licensee previously has renewed a license to carry	1973
a concealed handgun issued under this section, a renewed	1974
competency certification of the type described in division (G)(4)	1975
of this section.	1976

(2) A sheriff shall accept a completed renewal application,	1977
the license renewal fee, and the information specified in division	1978
(F)(1) of this section at the times and in the manners described	1979
in division (I) of this section. Upon receipt of a completed	1980
renewal application, of certification that the applicant has	1981
reread the specified pamphlet prepared by the Ohio peace officer	1982
training commission, of proof of a prior competency certification	1983
for an initial renewal or of a renewed competency certification	1984
for a second or subsequent renewal, and of a license renewal fee	1985
unless the fee is waived, a sheriff, in the manner specified in	1986
section 311.41 of the Revised Code shall conduct or cause to be	1987
conducted the criminal records check and the incompetency records	1988
check described in section 311.41 of the Revised Code. The sheriff	1989
shall renew the license if the sheriff determines that the	1990
applicant continues to satisfy the requirements described in	1991
division (D)(1) of this section, except that the applicant is not	1992
required to meet the requirements of division (D)(1)(l) of this	1993
section. A renewed license that is renewed on or after March 14,	1994
2007, shall expire five years after the date of issuance, and a	1995
renewed license that is renewed prior to March 14, 2007, shall	1996
expire four years after the date of issuance. A renewed license is	1997
subject to division (E) of this section and sections 2923.126 and	1998
2923.128 of the Revised Code. A sheriff shall comply with	1999
divisions (D)(2) to (4) of this section when the circumstances	2000
described in those divisions apply to a requested license renewal.	2001
If a sheriff denies the renewal of a license to carry a concealed	2002
handgun license, the applicant may appeal the denial, or challenge	2003
the criminal record check results that were the basis of the	2004
denial if applicable, in the same manner as specified in division	2005
(D)(2)(b) of this section and in section 2923.127 of the Revised	2006
Code, regarding the denial of a license under this section.	2007

(3) A renewal application submitted pursuant to division (F)	2008
of this section shall only require the licensee to list on the	2009
application form information and matters occurring since the date	2010
of the licensee's last application for a license pursuant to	2011
division (B) or (F) of this section. A sheriff conducting the	2012
criminal records check and the incompetency records check	2013
described in section 311.41 of the Revised Code shall conduct the	2014
check only from the date of the licensee's last application for a	2015
license pursuant to division (B) or (F) of this section through	2016
the date of the renewal application submitted pursuant to division	2017
(F) of this section.	2018

(4) An applicant for a renewal license to carry a concealed	2019
handgun license under this section shall submit to the sheriff of	2020
the county in which the applicant resides or to the sheriff of any	2021
county adjacent to the county in which the applicant resides a	2022
nonrefundable license fee as described in either of the following:	2023

(a) For an applicant who has been a resident of this state	2024
for five or more years, a fee of fifty dollars;	2025

(b) For an applicant who has been a resident of this state	2026
for less than five years, a fee of fifty dollars plus the actual	2027
cost of having a background check performed by the federal bureau	2028
of investigation.	2029

(G)(1) Each course, class, or program described in division	2030
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	2031
person who takes the course, class, or program the web site	2032
address at which the pamphlet prepared by the Ohio peace officer	2033
training commission pursuant to section 109.731 of the Revised	2034
Code that reviews firearms, dispute resolution, and use of deadly	2035
force matters may be found. Each such course, class, or program	2036
described in one of those divisions shall include at least twelve	2037
hours of training in the safe handling and use of a firearm that	2038
shall include all of the following:	2039

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

2040

(i) The ability to name, explain, and demonstrate the rules	2041
for safe handling of a handgun and proper storage practices for	2042
handguns and ammunition;	2043

(ii) The ability to demonstrate and explain how to handle	2044
ammunition in a safe manner;	2045

(iii) The ability to demonstrate the knowledge, skills, and	2046
attitude necessary to shoot a handgun in a safe manner;	2047

(iv) Gun handling training.

2048

(b) At least two hours of training that consists of range	2049
time and live-fire training.	2050

(2) To satisfactorily complete the course, class, or program	2051
described in division (B)(3)(a), (b), (c), or (e) of this section,	2052
the applicant shall pass a competency examination that shall	2053
include both of the following:	2054

(a) A written section on the ability to name and explain the	2055
rules for the safe handling of a handgun and proper storage	2056
practices for handguns and ammunition;	2057

(b) A physical demonstration of competence in the use of a	2058
handgun and in the rules for safe handling and storage of a	2059
handgun and a physical demonstration of the attitude necessary to	2060
shoot a handgun in a safe manner.	2061

(3) The competency certification described in division	2062
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	2063
shall attest that the course, class, or program the applicant	2064
successfully completed met the requirements described in division	2065
(G)(1) of this section and that the applicant passed the	2066
competency examination described in division (G)(2) of this	2067
section.	2068

(4) A person who previously has received a competency	2069
certification as described in division (B)(3) of this section, or	2070
who previously has received a renewed competency certification as	2071
described in this division, may obtain a renewed competency	2072
certification pursuant to this division. If the person previously	2073
has received a competency certification or previously has received	2074
a renewed competency certification, the person may obtain a	2075
renewed competency certification from an entity that offers a	2076
course, class, or program described in division (B)(3)(a), (b),	2077
(c), or (e) of this section by passing a test that demonstrates	2078
that the person is range competent. In these circumstances, the	2079
person is not required to attend the course, class, or program or	2080
to take the competency examination described in division (G)(2) of	2081
this section for the renewed competency certification in order to	2082
be eligible to receive a renewed competency certification. A	2083
renewed competency certification issued under this division shall	2084
be dated and shall attest that the person has demonstrated range	2085
competency.	2086

(H) Upon deciding to issue a concealed handgun license,	2087
deciding to issue a replacement concealed handgun license, or	2088
deciding to renew a license to carry a concealed handgun license	2089
pursuant to this section, and before actually issuing or renewing	2090
the license, the sheriff shall make available through the law	2091
enforcement automated data system all information contained on the	2092
license. If the license subsequently is suspended under division	2093
(A)(1) or (2) of section 2923.128 of the Revised Code, revoked	2094
pursuant to division (B)(1) of section 2923.128 of the Revised	2095
Code, or lost or destroyed, the sheriff also shall make available	2096
through the law enforcement automated data system a notation of	2097
that fact. The superintendent of the state highway patrol shall	2098
ensure that the law enforcement automated data system is so	2099
configured as to permit the transmission through the system of the	2100
information specified in this division.	2101

(I) A sheriff shall accept a completed application form or	2102
renewal application, and the fee, items, materials, and	2103
information specified in divisions (B)(1) to (5) or division (F)	2104
of this section, whichever is applicable, and shall provide an	2105
application form or renewal application to any person during at	2106
least fifteen hours a week and shall provide the web site address	2107
at which the pamphlet described in division (B) of section 109.731	2108
of the Revised Code may be found at any time, upon request. The	2109
sheriff shall post notice of the hours during which the sheriff is	2110
available to accept or provide the information described in this	2111
division.	2112

Sec. 2923.126.  (A) A license to carry a concealed handgun	2113
license that is issued under section 2923.125 of the Revised Code	2114
on or after March 14, 2007, shall expire five years after the date	2115
of issuance, and a license that is so issued prior to March 14,	2116
2007, shall expire four years after the date of issuance. A	2117
licensee who has been issued a license under that section shall be	2118
granted a grace period of thirty days after the licensee's license	2119
expires during which the licensee's license remains valid. Except	2120
as provided in divisions (B) and (C) of this section, a licensee	2121
who has been issued a concealed handgun license under section	2122
2923.125 or 2923.1213 of the Revised Code may carry a concealed	2123
handgun anywhere in this state if the licensee also carries a	2124
valid license and valid identification when the licensee is in	2125
actual possession of a concealed handgun. The licensee shall give	2126
notice of any change in the licensee's residence address to the	2127
sheriff who issued the license within forty-five days after that	2128
change.	2129

If a licensee is the driver or an occupant of a motor vehicle	2130
that is stopped as the result of a traffic stop or a stop for	2131
another law enforcement purpose and if the licensee is	2132
transporting or has a loaded handgun in the motor vehicle at that	2133
time, the licensee shall promptly inform any law enforcement	2134
officer who approaches the vehicle while stopped that the licensee	2135
has been issued a license or temporary emergency license to carry	2136
a concealed handgun license and that the licensee currently	2137
possesses or has a loaded handgun; the licensee shall not	2138
knowingly disregard or fail to comply with lawful orders of a law	2139
enforcement officer given while the motor vehicle is stopped,	2140
knowingly fail to remain in the motor vehicle while stopped, or	2141
knowingly fail to keep the licensee's hands in plain sight after	2142
any law enforcement officer begins approaching the licensee while	2143
stopped and before the officer leaves, unless directed otherwise	2144
by a law enforcement officer; and the licensee shall not knowingly	2145
remove, attempt to remove, grasp, or hold the loaded handgun or	2146
knowingly have contact with the loaded handgun by touching it with	2147
the licensee's hands or fingers, in any manner in violation of	2148
division (E) of section 2923.16 of the Revised Code, after any law	2149
enforcement officer begins approaching the licensee while stopped	2150
and before the officer leaves. Additionally, if a licensee is the	2151
driver or an occupant of a commercial motor vehicle that is	2152
stopped by an employee of the motor carrier enforcement unit for	2153
the purposes defined in section 5503.04 of the Revised Code and if	2154
the licensee is transporting or has a loaded handgun in the	2155
commercial motor vehicle at that time, the licensee shall promptly	2156
inform the employee of the unit who approaches the vehicle while	2157
stopped that the licensee has been issued a license or temporary	2158
emergency license to carry a concealed handgun license and that	2159
the licensee currently possesses or has a loaded handgun.	2160

If a licensee is stopped for a law enforcement purpose and if	2161
the licensee is carrying a concealed handgun at the time the	2162
officer approaches, the licensee shall promptly inform any law	2163
enforcement officer who approaches the licensee while stopped that	2164
the licensee has been issued a license or temporary emergency	2165
license to carry a concealed handgun license and that the licensee	2166
currently is carrying a concealed handgun; the licensee shall not	2167
knowingly disregard or fail to comply with lawful orders of a law	2168
enforcement officer given while the licensee is stopped or	2169
knowingly fail to keep the licensee's hands in plain sight after	2170
any law enforcement officer begins approaching the licensee while	2171
stopped and before the officer leaves, unless directed otherwise	2172
by a law enforcement officer; and the licensee shall not knowingly	2173
remove, attempt to remove, grasp, or hold the loaded handgun or	2174
knowingly have contact with the loaded handgun by touching it with	2175
the licensee's hands or fingers, in any manner in violation of	2176
division (B) of section 2923.12 of the Revised Code, after any law	2177
enforcement officer begins approaching the licensee while stopped	2178
and before the officer leaves.	2179

(B) A valid concealed handgun license issued under section	2180
2923.125 or 2923.1213 of the Revised Code does not authorize the	2181
licensee to carry a concealed handgun in any manner prohibited	2182
under division (B) of section 2923.12 of the Revised Code or in	2183
any manner prohibited under section 2923.16 of the Revised Code. A	2184
valid license does not authorize the licensee to carry a concealed	2185
handgun into any of the following places:	2186

(1) A police station, sheriff's office, or state highway	2187
patrol station, premises controlled by the bureau of criminal	2188
identification and investigation, a state correctional	2189
institution, jail, workhouse, or other detention facility, an	2190
airport passenger terminal, or an institution that is maintained,	2191
operated, managed, and governed pursuant to division (A) of	2192
section 5119.02 of the Revised Code or division (A)(1) of section	2193
5123.03 of the Revised Code;	2194

(2) A school safety zone if the licensee's carrying the	2195
concealed handgun is in violation of section 2923.122 of the	2196
Revised Code;	2197

(3) A courthouse or another building or structure in which a	2198
courtroom is located, in violation of section 2923.123 of the	2199
Revised Code;	2200

(4) Any premises or open air arena for which a D permit has	2201
been issued under Chapter 4303. of the Revised Code if the	2202
licensee's carrying the concealed handgun is in violation of	2203
section 2923.121 of the Revised Code;	2204

(5) Any premises owned or leased by any public or private	2205
college, university, or other institution of higher education,	2206
unless the handgun is in a locked motor vehicle or the licensee is	2207
in the immediate process of placing the handgun in a locked motor	2208
vehicle;	2209

(6) Any church, synagogue, mosque, or other place of worship,	2210
unless the church, synagogue, mosque, or other place of worship	2211
posts or permits otherwise;	2212

(7) A child day-care center, a type A family day-care home, a	2213
type B family day-care home, or a type C family day-care home,	2214
except that this division does not prohibit a licensee who resides	2215
in a type A family day-care home, a type B family day-care home,	2216
or a type C family day-care home from carrying a concealed handgun	2217
at any time in any part of the home that is not dedicated or used	2218
for day-care purposes, or from carrying a concealed handgun in a	2219
part of the home that is dedicated or used for day-care purposes	2220
at any time during which no children, other than children of that	2221
licensee, are in the home;	2222

(8) An aircraft that is in, or intended for operation in,	2223
foreign air transportation, interstate air transportation,	2224
intrastate air transportation, or the transportation of mail by	2225
aircraft;	2226

(9) Any building that is a government facility of this state	2227
or a political subdivision of this state and that is not a	2228
building that is used primarily as a shelter, restroom, parking	2229
facility for motor vehicles, or rest facility and is not a	2230
courthouse or other building or structure in which a courtroom is	2231
located that is subject to division (B)(3) of this section;	2232

(10) A place in which federal law prohibits the carrying of	2233
handguns.	2234

(C)(1) Nothing in this section shall negate or restrict a	2235
rule, policy, or practice of a private employer that is not a	2236
private college, university, or other institution of higher	2237
education concerning or prohibiting the presence of firearms on	2238
the private employer's premises or property, including motor	2239
vehicles owned by the private employer. Nothing in this section	2240
shall require a private employer of that nature to adopt a rule,	2241
policy, or practice concerning or prohibiting the presence of	2242
firearms on the private employer's premises or property, including	2243
motor vehicles owned by the private employer.	2244

(2)(a) A private employer shall be immune from liability in a	2245
civil action for any injury, death, or loss to person or property	2246
that allegedly was caused by or related to a licensee bringing a	2247
handgun onto the premises or property of the private employer,	2248
including motor vehicles owned by the private employer, unless the	2249
private employer acted with malicious purpose. A private employer	2250
is immune from liability in a civil action for any injury, death,	2251
or loss to person or property that allegedly was caused by or	2252
related to the private employer's decision to permit a licensee to	2253
bring, or prohibit a licensee from bringing, a handgun onto the	2254
premises or property of the private employer. As used in this	2255
division, "private employer" includes a private college,	2256
university, or other institution of higher education.	2257

(b) A political subdivision shall be immune from liability in	2258
a civil action, to the extent and in the manner provided in	2259
Chapter 2744. of the Revised Code, for any injury, death, or loss	2260
to person or property that allegedly was caused by or related to a	2261
licensee bringing a handgun onto any premises or property owned,	2262
leased, or otherwise under the control of the political	2263
subdivision. As used in this division, "political subdivision" has	2264
the same meaning as in section 2744.01 of the Revised Code.	2265

(3)(a) Except as provided in division (C)(3)(b) of this	2266
section, the owner or person in control of private land or	2267
premises, and a private person or entity leasing land or premises	2268
owned by the state, the United States, or a political subdivision	2269
of the state or the United States, may post a sign in a	2270
conspicuous location on that land or on those premises prohibiting	2271
persons from carrying firearms or concealed firearms on or onto	2272
that land or those premises. Except as otherwise provided in this	2273
division, a person who knowingly violates a posted prohibition of	2274
that nature is guilty of criminal trespass in violation of	2275
division (A)(4) of section 2911.21 of the Revised Code and is	2276
guilty of a misdemeanor of the fourth degree. If a person	2277
knowingly violates a posted prohibition of that nature and the	2278
posted land or premises primarily was a parking lot or other	2279
parking facility, the person is not guilty of criminal trespass in	2280
violation of division (A)(4) of section 2911.21 of the Revised	2281
Code and instead is subject only to a civil cause of action for	2282
trespass based on the violation.	2283

(b) A landlord may not prohibit or restrict a tenant who is a	2284
licensee and who on or after the effective date of this amendment	2285
September 9, 2008, enters into a rental agreement with the	2286
landlord for the use of residential premises, and the tenant's	2287
guest while the tenant is present, from lawfully carrying or	2288
possessing a handgun on those residential premises.	2289

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

2290

(i) "Residential premises" has the same meaning as in section	2291
5321.01 of the Revised Code, except "residential premises" does	2292
not include a dwelling unit that is owned or operated by a college	2293
or university.	2294

(ii) "Landlord," "tenant," and "rental agreement" have the	2295
same meanings as in section 5321.01 of the Revised Code.	2296

(D) A person who holds a license to carry a concealed handgun	2297
that waslicense issued pursuant to the law ofby another state	2298
that is recognized by the attorney general pursuant to a	2299
reciprocity agreement entered into pursuant to section 109.69 of	2300
the Revised Code has the same right to carry a concealed handgun	2301
in this state as a person who was issued a license to carry a	2302
concealed handgun license under section 2923.125 of the Revised	2303
Code and is subject to the same restrictions that apply to a	2304
person who carries a license issued under that section.	2305

(E) A peace officer has the same right to carry a concealed	2306
handgun in this state as a person who was issued a license to	2307
carry a concealed handgun license under section 2923.125 of the	2308
Revised Code. For purposes of reciprocity with other states, a	2309
peace officer shall be considered to be a licensee in this state.	2310

(F)(1) A qualified retired peace officer who possesses a	2311
retired peace officer identification card issued pursuant to	2312
division (F)(2) of this section and a valid firearms	2313
requalification certification issued pursuant to division (F)(3)	2314
of this section has the same right to carry a concealed handgun in	2315
this state as a person who was issued a license to carry a	2316
concealed handgun license under section 2923.125 of the Revised	2317
Code and is subject to the same restrictions that apply to a	2318
person who carries a license issued under that section. For	2319
purposes of reciprocity with other states, a qualified retired	2320
peace officer who possesses a retired peace officer identification	2321
card issued pursuant to division (F)(2) of this section and a	2322
valid firearms requalification certification issued pursuant to	2323
division (F)(3) of this section shall be considered to be a	2324
licensee in this state.	2325

(2)(a) Each public agency of this state or of a political	2326
subdivision of this state that is served by one or more peace	2327
officers shall issue a retired peace officer identification card	2328
to any person who retired from service as a peace officer with	2329
that agency, if the issuance is in accordance with the agency's	2330
policies and procedures and if the person, with respect to the	2331
person's service with that agency, satisfies all of the following:	2332

(i) The person retired in good standing from service as a	2333
peace officer with the public agency, and the retirement was not	2334
for reasons of mental instability.	2335

(ii) Before retiring from service as a peace officer with	2336
that agency, the person was authorized to engage in or supervise	2337
the prevention, detection, investigation, or prosecution of, or	2338
the incarceration of any person for, any violation of law and the	2339
person had statutory powers of arrest.	2340

(iii) At the time of the person's retirement as a peace	2341
officer with that agency, the person was trained and qualified to	2342
carry firearms in the performance of the peace officer's duties.	2343

(iv) Before retiring from service as a peace officer with	2344
that agency, the person was regularly employed as a peace officer	2345
for an aggregate of fifteen years or more, or, in the alternative,	2346
the person retired from service as a peace officer with that	2347
agency, after completing any applicable probationary period of	2348
that service, due to a service-connected disability, as determined	2349
by the agency.	2350

(b) A retired peace officer identification card issued to a	2351
person under division (F)(2)(a) of this section shall identify the	2352
person by name, contain a photograph of the person, identify the	2353
public agency of this state or of the political subdivision of	2354
this state from which the person retired as a peace officer and	2355
that is issuing the identification card, and specify that the	2356
person retired in good standing from service as a peace officer	2357
with the issuing public agency and satisfies the criteria set	2358
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	2359
addition to the required content specified in this division, a	2360
retired peace officer identification card issued to a person under	2361
division (F)(2)(a) of this section may include the firearms	2362
requalification certification described in division (F)(3) of this	2363
section, and if the identification card includes that	2364
certification, the identification card shall serve as the firearms	2365
requalification certification for the retired peace officer. If	2366
the issuing public agency issues credentials to active law	2367
enforcement officers who serve the agency, the agency may comply	2368
with division (F)(2)(a) of this section by issuing the same	2369
credentials to persons who retired from service as a peace officer	2370
with the agency and who satisfy the criteria set forth in	2371
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	2372
credentials so issued to retired peace officers are stamped with	2373
the word "RETIRED."	2374

(c) A public agency of this state or of a political	2375
subdivision of this state may charge persons who retired from	2376
service as a peace officer with the agency a reasonable fee for	2377
issuing to the person a retired peace officer identification card	2378
pursuant to division (F)(2)(a) of this section.	2379

(3) If a person retired from service as a peace officer with	2380
a public agency of this state or of a political subdivision of	2381
this state and the person satisfies the criteria set forth in	2382
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	2383
may provide the retired peace officer with the opportunity to	2384
attend a firearms requalification program that is approved for	2385
purposes of firearms requalification required under section	2386
109.801 of the Revised Code. The retired peace officer may be	2387
required to pay the cost of the course.	2388

If a retired peace officer who satisfies the criteria set	2389
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	2390
firearms requalification program that is approved for purposes of	2391
firearms requalification required under section 109.801 of the	2392
Revised Code, the retired peace officer's successful completion of	2393
the firearms requalification program requalifies the retired peace	2394
officer for purposes of division (F) of this section for five	2395
years from the date on which the program was successfully	2396
completed, and the requalification is valid during that five-year	2397
period. If a retired peace officer who satisfies the criteria set	2398
forth in divisions (F)(2)(a)(i) to (iv) of this section	2399
satisfactorily completes such a firearms requalification program,	2400
the retired peace officer shall be issued a firearms	2401
requalification certification that identifies the retired peace	2402
officer by name, identifies the entity that taught the program,	2403
specifies that the retired peace officer successfully completed	2404
the program, specifies the date on which the course was	2405
successfully completed, and specifies that the requalification is	2406
valid for five years from that date of successful completion. The	2407
firearms requalification certification for a retired peace officer	2408
may be included in the retired peace officer identification card	2409
issued to the retired peace officer under division (F)(2) of this	2410
section.	2411

A retired peace officer who attends a firearms	2412
requalification program that is approved for purposes of firearms	2413
requalification required under section 109.801 of the Revised Code	2414
may be required to pay the cost of the program.	2415

(G) As used in this section:

2416

(1) "Qualified retired peace officer" means a person who	2417
satisfies all of the following:	2418

(a) The person satisfies the criteria set forth in divisions	2419
(F)(2)(a)(i) to (v) of this section.	2420

(b) The person is not under the influence of alcohol or	2421
another intoxicating or hallucinatory drug or substance.	2422

(c) The person is not prohibited by federal law from	2423
receiving firearms.	2424

(2) "Retired peace officer identification card" means an	2425
identification card that is issued pursuant to division (F)(2) of	2426
this section to a person who is a retired peace officer.	2427

(3) "Government facility of this state or a political	2428
subdivision of this state" means any of the following:	2429

(a) A building or part of a building that is owned or leased	2430
by the government of this state or a political subdivision of this	2431
state and where employees of the government of this state or the	2432
political subdivision regularly are present for the purpose of	2433
performing their official duties as employees of the state or	2434
political subdivision;	2435

(b) The office of a deputy registrar serving pursuant to	2436
Chapter 4503. of the Revised Code that is used to perform deputy	2437
registrar functions.	2438

Sec. 2923.127. (A) If a sheriff denies an application for a	2439
license to carry a concealed handgun license under section	2440
2923.125 of the Revised Code, denies the renewal of a license to	2441
carry a concealed handgun license under that section, or denies an	2442
application for a temporary emergency license to carry a concealed	2443
handgun license on a temporary emergency basis under section	2444
2923.1213 of the Revised Code as a result of the criminal records	2445
check conducted pursuant to section 311.41 of the Revised Code and	2446
if the applicant believes the denial was based on incorrect	2447
information reported by the source the sheriff used in conducting	2448
the criminal records check, the applicant may challenge the	2449
criminal records check results using whichever of the following is	2450
applicable:	2451

(1) If the bureau of criminal identification and	2452
investigation performed the criminal records check, by using the	2453
bureau's existing challenge and review procedures;	2454

(2) If division (A)(1) of this section does not apply, by	2455
using the existing challenge and review procedure of the sheriff	2456
who denied the application or, if the sheriff does not have a	2457
challenge and review procedure, by using the challenge and review	2458
procedure prescribed by the bureau of criminal identification and	2459
investigation pursuant to division (B) of this section.	2460

(B) The bureau of criminal identification and investigation	2461
shall prescribe a challenge and review procedure for applicants to	2462
use to challenge criminal records checks under division (A)(2) of	2463
this section in counties in which the sheriff with whom thean	2464
application for a license to carry a concealed handgun or for the	2465
renewal of a license to carry a concealed handgun was filed or	2466
with whom the application for a temporary emergency license to	2467
carry a concealed handgun wasof a type described in division (A)	2468
of this section was filed or submitted does not have an existing	2469
challenge and review procedure.	2470

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	2471
concealed handgun license issued under section 2923.125 or	2472
2923.1213 of the Revised Code is arrested for or otherwise charged	2473
with an offense described in division (D)(1)(d) of section	2474
2923.125 of the Revised Code or with a violation of section	2475
2923.15 of the Revised Code or becomes subject to a temporary	2476
protection order or to a protection order issued by a court of	2477
another state that is substantially equivalent to a temporary	2478
protection order, the sheriff who issued the license or temporary	2479
emergency license shall suspend it and shall comply with division	2480
(A)(3) of this section upon becoming aware of the arrest, charge,	2481
or protection order. Upon suspending the license or temporary	2482
emergency license, the sheriff also shall comply with division (H)	2483
of section 2923.125 of the Revised Code.	2484

(b) A suspension under division (A)(1)(a) of this section	2485
shall be considered as beginning on the date that the licensee is	2486
arrested for or otherwise charged with an offense described in	2487
that division or on the date the appropriate court issued the	2488
protection order described in that division, irrespective of when	2489
the sheriff notifies the licensee under division (A)(3) of this	2490
section. The suspension shall end on the date on which the charges	2491
are dismissed or the licensee is found not guilty of the offense	2492
described in division (A)(1)(a) of this section or, subject to	2493
division (B) of this section, on the date the appropriate court	2494
terminates the protection order described in that division. If the	2495
suspension so ends, the sheriff shall return the license or	2496
temporary emergency license to the licensee.	2497

(2)(a) If a licensee holding a valid concealed handgun	2498
license issued under section 2923.125 or 2923.1213 of the Revised	2499
Code is convicted of or pleads guilty to a misdemeanor violation	2500
of division (B)(1), (2), or (4) of section 2923.12 of the Revised	2501
Code or of division (E)(1), (2), (3), or (5) of section 2923.16 of	2502
the Revised Code, except as provided in division (A)(2)(c) of this	2503
section and subject to division (C) of this section, the sheriff	2504
who issued the license or temporary emergency license shall	2505
suspend it and shall comply with division (A)(3) of this section	2506
upon becoming aware of the conviction or guilty plea. Upon	2507
suspending the license or temporary emergency license, the sheriff	2508
also shall comply with division (H) of section 2923.125 of the	2509
Revised Code.	2510

(b) A suspension under division (A)(2)(a) of this section	2511
shall be considered as beginning on the date that the licensee is	2512
convicted of or pleads guilty to the offense described in that	2513
division, irrespective of when the sheriff notifies the licensee	2514
under division (A)(3) of this section. If the suspension is	2515
imposed for a misdemeanor violation of division (B)(1) or (2) of	2516
section 2923.12 of the Revised Code or of division (E)(1), (2), or	2517
(3) of section 2923.16 of the Revised Code, it shall end on the	2518
date that is one year after the date that the licensee is	2519
convicted of or pleads guilty to that violation. If the suspension	2520
is imposed for a misdemeanor violation of division (B)(4) of	2521
section 2923.12 of the Revised Code or of division (E)(5) of	2522
section 2923.16 of the Revised Code, it shall end on the date that	2523
is two years after the date that the licensee is convicted of or	2524
pleads guilty to that violation. If the licensee's license was	2525
issued under section 2923.125 of the Revised Code and the license	2526
remains valid after the suspension ends as described in this	2527
division, when the suspension ends, the sheriff shall return the	2528
license to the licensee. If the licensee's license was issued	2529
under section 2923.125 of the Revised Code and the license expires	2530
before the suspension ends as described in this division, or if	2531
the licensee's license was issued under section 2923.1213 of the	2532
Revised Code, the licensee is not eligible to apply for a new	2533
license under section 2923.125 or 2923.1213 of the Revised Code or	2534
to renew the license under section 2923.125 of the Revised Code	2535
until after the suspension ends as described in this division.	2536

(c) The license of a licensee who is convicted of or pleads	2537
guilty to a violation of division (B)(1) of section 2923.12 or	2538
division (E)(1) or (2) of section 2923.16 of the Revised Code	2539
shall not be suspended pursuant to division (A)(2)(a) of this	2540
section if, at the time of the stop of the licensee for a law	2541
enforcement purpose, for a traffic stop, or for a purpose defined	2542
in section 5503.34 of the Revised Code that was the basis of the	2543
violation, any law enforcement officer involved with the stop or	2544
the employee of the motor carrier enforcement unit who made the	2545
stop had actual knowledge of the licensee's status as a licensee.	2546

(3) Upon becoming aware of an arrest, charge, or protection	2547
order described in division (A)(1)(a) of this section with respect	2548
to a licensee who was issued a concealed handgun license under	2549
section 2923.125 or 2923.1213 of the Revised Code, or a conviction	2550
of or plea of guilty to a misdemeanor offense described in	2551
division (A)(2)(a) of this section with respect to a licensee who	2552
was issued a concealed handgun license under either section and	2553
with respect to which division (A)(2)(c) of this section does not	2554
apply, subject to division (C) of this section, the sheriff who	2555
issued the licensee's license or temporary emergency license to	2556
carry a concealed handgun shall notify the licensee, by certified	2557
mail, return receipt requested, at the licensee's last known	2558
residence address that the license or temporary emergency license	2559
has been suspended and that the licensee is required to surrender	2560
the license or temporary emergency license at the sheriff's office	2561
within ten days of the date on which the notice was mailed. If the	2562
suspension is pursuant to division (A)(2) of this section, the	2563
notice shall identify the date on which the suspension ends.	2564

(B)(1) A sheriff who issues a concealed handgun license or	2565
temporary emergency license to carry a concealed handgun to a	2566
licensee under section 2923.125 or 2923.1213 of the Revised Code	2567
shall revoke the license or temporary emergency license in	2568
accordance with division (B)(2) of this section upon becoming	2569
aware that the licensee satisfies any of the following:	2570

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

2571

(b) Subject to division (C) of this section, at the time of	2572
the issuance of the license or temporary emergency license, the	2573
licensee did not satisfy the eligibility requirements of division	2574
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	2575
Revised Code.	2576

(c) Subject to division (C) of this section, on or after the	2577
date on which the license or temporary emergency license was	2578
issued, the licensee is convicted of or pleads guilty to a	2579
violation of section 2923.15 of the Revised Code or an offense	2580
described in division (D)(1)(e), (f), (g), or (h) of section	2581
2923.125 of the Revised Code.	2582

(d) On or after the date on which the license or temporary	2583
emergency license was issued, the licensee becomes subject to a	2584
civil protection order or to a protection order issued by a court	2585
of another state that is substantially equivalent to a civil	2586
protection order.	2587

(e) The licensee knowingly carries a concealed handgun into a	2588
place that the licensee knows is an unauthorized place specified	2589
in division (B) of section 2923.126 of the Revised Code.	2590

(f) On or after the date on which the license or temporary	2591
emergency license was issued, the licensee is adjudicated as a	2592
mental defective or is committed to a mental institution.	2593

(g) At the time of the issuance of the license or temporary	2594
emergency license, the licensee did not meet the residency	2595
requirements described in division (D)(1) of section 2923.125 of	2596
the Revised Code and currently does not meet the residency	2597
requirements described in that division.	2598

(h) Regarding a license issued under section 2923.125 of the	2599
Revised Code, the competency certificate the licensee submitted	2600
was forged or otherwise was fraudulent.	2601

(2) Upon becoming aware of any circumstance listed in	2602
division (B)(1) of this section that applies to a particular	2603
licensee who was issued a concealed handgun license under section	2604
2923.125 or 2923.1213 of the Revised Code, subject to division (C)	2605
of this section, the sheriff who issued the license or temporary	2606
emergency license to carry a concealed handgun to the licensee	2607
shall notify the licensee, by certified mail, return receipt	2608
requested, at the licensee's last known residence address that the	2609
license or temporary emergency license is subject to revocation	2610
and that the licensee may come to the sheriff's office and contest	2611
the sheriff's proposed revocation within fourteen days of the date	2612
on which the notice was mailed. After the fourteen-day period and	2613
after consideration of any information that the licensee provides	2614
during that period, if the sheriff determines on the basis of the	2615
information of which the sheriff is aware that the licensee is	2616
described in division (B)(1) of this section and no longer	2617
satisfies the requirements described in division (D)(1) of section	2618
2923.125 of the Revised Code that are applicable to the licensee's	2619
type of license, the sheriff shall revoke the license or temporary	2620
emergency license, notify the licensee of that fact, and require	2621
the licensee to surrender the license or temporary emergency	2622
license. Upon revoking the license or temporary emergency license,	2623
the sheriff also shall comply with division (H) of section	2624
2923.125 of the Revised Code.	2625

(C) If a sheriff who issues a license or temporary emergency	2626
license to carry a concealed handgun license to a licensee under	2627
section 2923.125 or 2923.1213 of the Revised Code becomes aware	2628
that at the time of the issuance of the license or temporary	2629
emergency license the licensee had been convicted of or pleaded	2630
guilty to an offense identified in division (D)(1)(e), (f), or (h)	2631
of section 2923.125 of the Revised Code or had been adjudicated a	2632
delinquent child for committing an act or violation identified in	2633
any of those divisions or becomes aware that on or after the date	2634
on which the license or temporary emergency license was issued the	2635
licensee has been convicted of or pleaded guilty to an offense	2636
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	2637
sheriff shall not consider that conviction, guilty plea, or	2638
adjudication as having occurred for purposes of divisions (A)(2),	2639
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	2640
the sealing or expungement of the records of that conviction,	2641
guilty plea, or adjudication pursuant to sections 2151.355 to	2642
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	2643
court has granted the licensee relief pursuant to section 2923.14	2644
of the Revised Code from the disability imposed pursuant to	2645
section 2923.13 of the Revised Code relative to that conviction,	2646
guilty plea, or adjudication.	2647

(D) As used in this section, "motor carrier enforcement unit"	2648
has the same meaning as in section 2923.16 of the Revised Code.	2649

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	2650
bureau of criminal identification and investigation, the employees	2651
of the bureau, the Ohio peace officer training commission, or the	2652
employees of the commission make a good faith effort in performing	2653
the duties imposed upon the sheriff, the superintendent, the	2654
bureau's employees, the commission, or the commission's employees	2655
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	2656
Revised Code, in addition to the personal immunity provided by	2657
section 9.86 of the Revised Code or division (A)(6) of section	2658
2744.03 of the Revised Code and the governmental immunity of	2659
sections 2744.02 and 2744.03 of the Revised Code and in addition	2660
to any other immunity possessed by the bureau, the commission, and	2661
their employees, the sheriff, the sheriff's office, the county in	2662
which the sheriff has jurisdiction, the bureau, the superintendent	2663
of the bureau, the bureau's employees, the commission, and the	2664
commission's employees are immune from liability in a civil action	2665
for injury, death, or loss to person or property that allegedly	2666
was caused by or related to any of the following:	2667

(a) The issuance, renewal, suspension, or revocation of a	2668
license to carry a concealed handgun or the issuance, suspension,	2669
or revocation of a temporary emergency license to carry a	2670
concealed handgun license;	2671

(b) The failure to issue, renew, suspend, or revoke a license	2672
to carry a concealed handgun or the failure to issue, suspend, or	2673
revoke a temporary emergency license to carry a concealed handgun	2674
license;	2675

(c) Any action or misconduct with a handgun committed by a	2676
licensee.	2677

(2) Any action of a sheriff relating to the issuance,	2678
renewal, suspension, or revocation of a license to carry a	2679
concealed handgun or the issuance, suspension, or revocation of a	2680
temporary emergency license to carry a concealed handgun license	2681
shall be considered to be a governmental function for purposes of	2682
Chapter 2744. of the Revised Code.	2683

(3) An entity that or instructor who provides a competency	2684
certification of a type described in division (B)(3) of section	2685
2923.125 of the Revised Code is immune from civil liability that	2686
might otherwise be incurred or imposed for any death or any injury	2687
or loss to person or property that is caused by or related to a	2688
person to whom the entity or instructor has issued the competency	2689
certificate if all of the following apply:	2690

(a) The alleged liability of the entity or instructor relates	2691
to the training provided in the course, class, or program covered	2692
by the competency certificate.	2693

(b) The entity or instructor makes a good faith effort in	2694
determining whether the person has satisfactorily completed the	2695
course, class, or program and makes a good faith effort in	2696
assessing the person in the competency examination conducted	2697
pursuant to division (G)(2) of section 2923.125 of the Revised	2698
Code.	2699

(c) The entity or instructor did not issue the competency	2700
certificate with malicious purpose, in bad faith, or in a wanton	2701
or reckless manner.	2702

(4) An entity that or instructor who, prior to the effective	2703
date of this amendment, provides a renewed competency	2704
certification of a type described in division (G)(4) of section	2705
2923.125 of the Revised Code as it existed prior to the effective	2706
date of this amendment is immune from civil liability that might	2707
otherwise be incurred or imposed for any death or any injury or	2708
loss to person or property that is caused by or related to a	2709
person to whom the entity or instructor has issued the renewed	2710
competency certificate if all of the following apply:	2711

(a) The entity or instructor makes a good faith effort in	2712
assessing the person in the physical demonstrations or the	2713
competency examination conducted pursuant to division (G)(4) of	2714
section 2923.125 of the Revised Code as it existed prior to the	2715
effective date of this amendment.	2716

(b) The entity or instructor did not issue the renewed	2717
competency certificate with malicious purpose, in bad faith, or in	2718
a wanton or reckless manner.	2719

(5) A law enforcement agency that employs a peace officer is	2720
immune from liability in a civil action to recover damages for	2721
injury, death, or loss to person or property allegedly caused by	2722
any act of that peace officer if the act occurred while the peace	2723
officer carried a concealed handgun and was off duty and if the	2724
act allegedly involved the peace officer's use of the concealed	2725
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	2726
Code apply to any civil action involving a peace officer's use of	2727
a concealed handgun in the performance of the peace officer's	2728
official duties while the peace officer is off duty.	2729

(B)(1) Notwithstanding section 149.43 of the Revised Code,	2730
except as provided in division (B)(2) of this section, the records	2731
that a sheriff keeps relative to the issuance, renewal,	2732
suspension, or revocation of a license to carry a concealed	2733
handgun or the issuance, suspension, or revocation of a temporary	2734
emergency license to carry a concealed handgun license, including,	2735
but not limited to, completed applications for the issuance or	2736
renewal of a license, completed affidavits submitted regarding an	2737
application for a license on a temporary emergency licensebasis,	2738
reports of criminal records checks and incompetency records checks	2739
under section 311.41 of the Revised Code, and applicants' social	2740
security numbers and fingerprints that are obtained under division	2741
(A) of section 311.41 of the Revised Code, are confidential and	2742
are not public records. Except as provided in division (B)(2) of	2743
this section, no person shall release or otherwise disseminate	2744
records that are confidential under this division unless required	2745
to do so pursuant to a court order.	2746

(2)(a) A journalist, on or after April 8, 2004, may submit to	2747
a sheriff a signed, written request to view the name, county of	2748
residence, and date of birth of each person to whom the sheriff	2749
has issued a license or replacement license to carry a concealed	2750
handgun, renewed a license to carry a concealed handgun, or issued	2751
a temporary emergency license or replacement temporary emergency	2752
license to carry, renewed, or issued a replacement for a concealed	2753
handgun under section 2923.125 or 2923.1213 of the Revised Code	2754
license, or a signed, written request to view the name, county of	2755
residence, and date of birth of each person for whom the sheriff	2756
has suspended or revoked a license to carry a concealed handgun	2757
or a temporary emergency license to carry a concealed handgun	2758
under section 2923.128 of the Revised Codelicense. The request	2759
shall include the journalist's name and title, shall include the	2760
name and address of the journalist's employer, and shall state	2761
that disclosure of the information sought would be in the public	2762
interest. If a journalist submits a signed, written request to the	2763
sheriff to view the information described in this division, the	2764
sheriff shall grant the journalist's request. The journalist shall	2765
not copy the name, county of residence, or date of birth of each	2766
person to or for whom the sheriff has issued, suspended, or	2767
revoked a license described in this division.	2768

(b) As used in division (B)(2) of this section, "journalist"	2769
means a person engaged in, connected with, or employed by any news	2770
medium, including a newspaper, magazine, press association, news	2771
agency, or wire service, a radio or television station, or a	2772
similar medium, for the purpose of gathering, processing,	2773
transmitting, compiling, editing, or disseminating information for	2774
the general public.	2775

(C) Each sheriff shall report to the Ohio peace officer	2776
training commission the number of licenses to carry a concealed	2777
handgun licenses that the sheriff issued, renewed, suspended,	2778
revoked, or denied under section 2923.125 of the Revised Code	2779
during the previous quarter of the calendar year, the number of	2780
applications for those licenses for which processing was suspended	2781
in accordance with division (D)(3) of section 2923.125 of the	2782
Revised Code during the previous quarter of the calendar year, and	2783
the number of concealed handgun licenses on a temporary emergency	2784
licenses to carry a concealed handgunbasis that the sheriff	2785
issued, suspended, revoked, or denied under section 2923.1213 of	2786
the Revised Code during the previous quarter of the calendar year.	2787
The sheriff shall not include in the report the name or any other	2788
identifying information of an applicant or licensee. The sheriff	2789
shall report that information in a manner that permits the	2790
commission to maintain the statistics described in division (D)(C)	2791
of section 109.731 of the Revised Code and to timely prepare the	2792
statistical report described in that division. The information	2793
that is received by the commission under this division is a public	2794
record kept by the commission for the purposes of section 149.43	2795
of the Revised Code.	2796

(D) Law enforcement agencies may use the information a	2797
sheriff makes available through the use of the law enforcement	2798
automated data system pursuant to division (H) of section 2923.125	2799
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	2800
for law enforcement purposes only. The information is confidential	2801
and is not a public record. A person who releases or otherwise	2802
disseminates this information obtained through the law enforcement	2803
automated data system in a manner not described in this division	2804
is guilty of a violation of section 2913.04 of the Revised Code.	2805

(E) Whoever violates division (B) of this section is guilty	2806
of illegal release of confidential concealed handgun license	2807
records, a felony of the fifth degree. In addition to any	2808
penalties imposed under Chapter 2929. of the Revised Code for a	2809
violation of division (B) of this section or a violation of	2810
section 2913.04 of the Revised Code described in division (D) of	2811
this section, if the offender is a sheriff, an employee of a	2812
sheriff, or any other public officer or employee, and if the	2813
violation was willful and deliberate, the offender shall be	2814
subject to a civil fine of one thousand dollars. Any person who is	2815
harmed by a violation of division (B) or (C) of this section or a	2816
violation of section 2913.04 of the Revised Code described in	2817
division (D) of this section has a private cause of action against	2818
the offender for any injury, death, or loss to person or property	2819
that is a proximate result of the violation and may recover court	2820
costs and attorney's fees related to the action.	2821

Sec. 2923.1210.  The application for a license to carry a	2822
concealed handgun license or for the renewal of a license of that	2823
nature that is to be used under section 2923.125 of the Revised	2824
Code shall conform substantially to the following forms:	2825

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				2826
		Please Type or Print in Ink				2827

SECTION I.				2828
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.				2829

SECTION II.	2830

Name:	2831

Last		First		Middle		2832
						2833

Social Security Number: ...............................	2834

Current Residence:	2835

Street	City	State	County	Zip		2836
............	............	............	...........	............		2837

Mailing Address (If Different From Above):	2838

Street	City	State	Zip		2839
............	............	............	..............		2840

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2841
...../..../....		............		....		.....		(...).........		2842

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2843

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2844
(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		2845
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2846
(3) Are you a fugitive from justice?		.... YES		.... NO		2847
(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		2848
(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		2849
(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		2850
(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		2851
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2852
(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		2853
(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		2854
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2855
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2856
(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		2857
(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		2858

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2859
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2860
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	2861
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	2862
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	2863
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	2864
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2865
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2866
AT THE END OF THIS SECTION.	2867

Residence 1:	2868

Street	City	State	County	Zip		2869
..........	..........	..........	..........	..........		2870
Dates of residence at this address				2871

Residence 2:	2872

Street	City	State	County	Zip		2873
..........	..........	..........	..........	..........		2874
Dates of residence at this address				2875

Residence 3:	2876

Street	City	State	County	Zip		2877
..........	..........	..........	..........	..........		2878
Dates of residence at this address				2879

Residence 4:	2880

Street	City	State	County	Zip		2881
..........	..........	..........	..........	..........		2882
Dates of residence at this address				2883

SECTION V.	2884

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2885
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2886
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2887
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2888
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2889
AT THE END OF THIS SECTION.	2890

(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

2891

(2) If your answer to the question in part (1) of this section of	2892
the application is "yes," you must complete this part by listing	2893
each county in Ohio, and each other state, in which you previously	2894
applied for either type of a license and, to the best of your	2895
knowledge, the date on which you made the application.	2896

Previous application made in .............. (insert name of Ohio	2897
county or other state) on ............... (insert date of	2898
application.)	2899

Previous application made in .............. (insert name of Ohio	2900
county or other state) on ............... (insert date of	2901
application.)	2902

Previous application made in .............. (insert name of Ohio	2903
county or other state) on ............... (insert date of	2904
application.)	2905

Previous application made in .............. (insert name of Ohio	2906
county or other state) on ............... (insert date of	2907
application.)	2908

SECTION VI.	2909

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2910
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2911
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2912
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2913
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2914

(1) I have read the pamphlet that explains the Ohio firearms laws,	2915
that provides instruction in dispute resolution and explains	2916
the Ohio laws related to that matter, and that provides	2917
information regarding all aspects of the use of deadly force	2918
with a firearm, and I am knowledgeable of the provisions of	2919
those laws and of the information on those matters.	2920

(2) I desire a legal means to carry a concealed handgun for	2921
defense of myself or a member of my family while engaged in	2922
lawful activity.	2923

(3) I have never been convicted of or pleaded guilty to a crime of	2924
violence in the state of Ohio or elsewhere (if you have been	2925
convicted of or pleaded guilty to such a crime, but the	2926
records of that conviction or guilty plea have been sealed or	2927
expunged by court order or a court has granted relief	2928
pursuant to section 2923.14 of the Revised Code from the	2929
disability imposed pursuant to section 2923.13 of the Revised	2930
Code relative to that conviction or guilty plea, you may	2931
treat the conviction or guilty plea for purposes of this	2932
paragraph as if it never had occurred). I am of sound mind. I	2933
hereby certify that the statements contained herein are true	2934
and correct to the best of my knowledge and belief. I	2935
understand that if I knowingly make any false statements	2936
herein I am subject to penalties prescribed by law. I	2937
authorize the sheriff or the sheriff's designee to inspect	2938
only those records or documents relevant to information	2939
required for this application.	2940

(4) The information contained in this application and all attached	2941
documents are true and correct to the best of my knowledge.	2942

			2943
	Signature of Applicant"		2944

"Ohio Peace Officer Training Commission		APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN				2945
		Please Type or Print in Ink				2946

SECTION I.				2947
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.				2948

SECTION II.	2949

Name:	2950

Last		First		Middle		2951
						2952

Social Security Number: ...............................	2953

Current Residence:	2954

Street	City	State	County	Zip		2955
............	............	............	...........	............		2956

Mailing Address (If Different From Above):	2957

Street	City	State	Zip		2958
............	............	............	..............		2959

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2960
...../..../....		............		....		.....		(...).........		2961

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2962

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2963
(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		2964
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2965
(3) Are you a fugitive from justice?		.... YES		.... NO		2966
(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		2967
(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		2968
(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		2969
(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		2970
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2971
(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		2972
(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		2973
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2974
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2975
(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		2976
(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		2977

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2978
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2979
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST	2980
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU	2981
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II	2982
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE	2983
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET	2984
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND	2985
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.	2986

Residence 1:	2987

Street	City	State	County	Zip		2988
..........	..........	..........	..........	..........		2989
Dates of residence at this address				2990

Residence 2:	2991

Street	City	State	County	Zip		2992
..........	..........	..........	..........	..........		2993
Dates of residence at this address				2994

Residence 3:	2995

Street	City	State	County	Zip		2996
..........	..........	..........	..........	..........		2997
Dates of residence at this address				2998

Residence 4:	2999

Street	City	State	County	Zip		3000
..........	..........	..........	..........	..........		3001
Dates of residence at this address				3002

SECTION V.	3003

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	3004
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	3005
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	3006
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	3007
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	3008
AT THE END OF THIS SECTION.	3009

(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

3010

(2) If your answer to the question in part (1) of this section of	3011
the application is "yes," you must complete this part by listing	3012
each county in Ohio, and each other state, in which you previously	3013
applied for either type of a license and, to the best of your	3014
knowledge, the date on which you made the application.	3015

Previous application made in .............. (insert name of Ohio	3016
county or other state) on ............... (insert date of	3017
application.)	3018

Previous application made in .............. (insert name of Ohio	3019
county or other state) on ............... (insert date of	3020
application.)	3021

Previous application made in .............. (insert name of Ohio	3022
county or other state) on ............... (insert date of	3023
application.)	3024

Previous application made in .............. (insert name of Ohio	3025
county or other state) on ............... (insert date of	3026
application.)	3027

SECTION VI.	3028

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	3029
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	3030
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	3031
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	3032
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	3033

(1) I have read the pamphlet that explains the Ohio firearms laws,	3034
that provides instruction in dispute resolution and explains	3035
the Ohio laws related to that matter, and that provides	3036
information regarding all aspects of the use of deadly force	3037
with a firearm, and I am knowledgeable of the provisions of	3038
those laws and of the information on those matters.	3039

(2) I desire a legal means to carry a concealed handgun for	3040
defense of myself or a member of my family while engaged in	3041
lawful activity.	3042

(3) I have never been convicted of or pleaded guilty to a crime of	3043
violence in the state of Ohio or elsewhere (if you have been	3044
convicted of or pleaded guilty to such a crime, but the	3045
records of that conviction or guilty plea have been sealed or	3046
expunged by court order or a court has granted relief	3047
pursuant to section 2923.14 of the Revised Code from the	3048
disability imposed pursuant to section 2923.13 of the Revised	3049
Code relative to that conviction or guilty plea, you may	3050
treat the conviction or guilty plea for purposes of this	3051
paragraph as if it never had occurred). I am of sound mind. I	3052
hereby certify that the statements contained herein are true	3053
and correct to the best of my knowledge and belief. I	3054
understand that if I knowingly make any false statements	3055
herein I am subject to penalties prescribed by law. I	3056
authorize the sheriff or the sheriff's designee to inspect	3057
only those records or documents relevant to information	3058
required for this application.	3059

(4) The information contained in this application and all attached	3060
documents are true and correct to the best of my knowledge.	3061

			3062
	Signature of Applicant"		3063

Sec. 2923.1211.  (A) No person shall alter a license or	3064
temporary emergency license to carry a concealed handgun that was	3065
issued pursuant to section 2923.125 or 2923.1213 of the Revised	3066
Codelicense or create a fictitious document that purports to be a	3067
license of that nature.	3068

(B) No person, except in the performance of official duties,	3069
shall possess a license to carry a concealed handgun license that	3070
was issued and that has been revoked or suspended pursuant to	3071
section 2923.128 of the Revised Code or a temporary emergency	3072
license to carry a concealed handgun that was issued and that has	3073
been revoked pursuant to section 2923.1213 of the Revised Code.	3074

(C) Whoever violates division (A) of this section is guilty	3075
of falsification of a concealed handgun license, a felony of the	3076
fifth degree. Whoever violates division (B) of this section is	3077
guilty of possessing a revoked or suspended concealed handgun	3078
license, a misdemeanor of the third degree.	3079

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

3080

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

3081

(a) A statement sworn by the person seeking to carry a	3082
concealed handgun that is made under threat of perjury and that	3083
states that the person has reasonable cause to fear a criminal	3084
attack upon the person or a member of the person's family, such as	3085
would justify a prudent person in going armed;	3086

(b) A written document prepared by a governmental entity or	3087
public official describing the facts that give the person seeking	3088
to carry a concealed handgun reasonable cause to fear a criminal	3089
attack upon the person or a member of the person's family, such as	3090
would justify a prudent person in going armed. Written documents	3091
of this nature include, but are not limited to, any temporary	3092
protection order, civil protection order, protection order issued	3093
by another state, or other court order, any court report, and any	3094
report filed with or made by a law enforcement agency or	3095
prosecutor.	3096

(2) "Prosecutor" has the same meaning as in section 2935.01	3097
of the Revised Code.	3098

(B)(1) A person seeking a temporary emergency license to	3099
carry a concealed handgun license on a temporary emergency basis	3100
shall submit to the sheriff of the county in which the person	3101
resides all of the following:	3102

(a) Evidence of imminent danger to the person or a member of	3103
the person's family;	3104

(b) A sworn affidavit that contains all of the information	3105
required to be on the license and attesting that the person is	3106
legally living in the United States; is at least twenty-one years	3107
of age; is not a fugitive from justice; is not under indictment	3108
for or otherwise charged with an offense identified in division	3109
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	3110
convicted of or pleaded guilty to an offense, and has not been	3111
adjudicated a delinquent child for committing an act, identified	3112
in division (D)(1)(e) of that section and to which division (B)(3)	3113
of this section does not apply; within three years of the date of	3114
the submission, has not been convicted of or pleaded guilty to an	3115
offense, and has not been adjudicated a delinquent child for	3116
committing an act, identified in division (D)(1)(f) of that	3117
section and to which division (B)(3) of this section does not	3118
apply; within five years of the date of the submission, has not	3119
been convicted of, pleaded guilty, or adjudicated a delinquent	3120
child for committing two or more violations identified in division	3121
(D)(1)(g) of that section; within ten years of the date of the	3122
submission, has not been convicted of, pleaded guilty, or	3123
adjudicated a delinquent child for committing a violation	3124
identified in division (D)(1)(h) of that section and to which	3125
division (B)(3) of this section does not apply; has not been	3126
adjudicated as a mental defective, has not been committed to any	3127
mental institution, is not under adjudication of mental	3128
incompetence, has not been found by a court to be a mentally ill	3129
person subject to hospitalization by court order, and is not an	3130
involuntary patient other than one who is a patient only for	3131
purposes of observation, as described in division (D)(1)(i) of	3132
that section; is not currently subject to a civil protection	3133
order, a temporary protection order, or a protection order issued	3134
by a court of another state, as described in division (D)(1)(j) of	3135
that section; and is not currently subject to a suspension imposed	3136
under division (A)(2) of section 2923.128 of the Revised Code of a	3137
license to carry a concealed handgun, or a temporary emergency	3138
license to carry a concealed handgun,license that previously was	3139
issued to the person;	3140

(c) A nonrefundable temporary emergency license fee as	3141
described in either of the following:	3142

(i) For an applicant who has been a resident of this state	3143
for five or more years, a fee of fifteen dollars plus the actual	3144
cost of having a background check performed by the bureau of	3145
criminal identification and investigation pursuant to section	3146
311.41 of the Revised Code;	3147

(ii) For an applicant who has been a resident of this state	3148
for less than five years, a fee of fifteen dollars plus the actual	3149
cost of having background checks performed by the federal bureau	3150
of investigation and the bureau of criminal identification and	3151
investigation pursuant to section 311.41 of the Revised Code.	3152

(d) A set of fingerprints of the applicant provided as	3153
described in section 311.41 of the Revised Code through use of an	3154
electronic fingerprint reading device or, if the sheriff to whom	3155
the application is submitted does not possess and does not have	3156
ready access to the use of an electronic fingerprint reading	3157
device, on a standard impression sheet prescribed pursuant to	3158
division (C)(2) of section 109.572 of the Revised Code. If the	3159
fingerprints are provided on a standard impression sheet, the	3160
person also shall provide the person's social security number to	3161
the sheriff.	3162

(2) A sheriff shall accept the evidence of imminent danger,	3163
the sworn affidavit, the fee, and the set of fingerprints required	3164
under division (B)(1) of this section at the times and in the	3165
manners described in division (I) of this section. Upon receipt of	3166
the evidence of imminent danger, the sworn affidavit, the fee, and	3167
the set of fingerprints required under division (B)(1) of this	3168
section, the sheriff, in the manner specified in section 311.41 of	3169
the Revised Code, immediately shall conduct or cause to be	3170
conducted the criminal records check and the incompetency records	3171
check described in section 311.41 of the Revised Code. Immediately	3172
upon receipt of the results of the records checks, the sheriff	3173
shall review the information and shall determine whether the	3174
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	3175
section 2923.125 of the Revised Code apply regarding the person.	3176
If the sheriff determines that all of criteria set forth in	3177
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	3178
Revised Code apply regarding the person, the sheriff shall	3179
immediately make available through the law enforcement automated	3180
data system all information that will be contained on the	3181
temporary emergency license for the person if one is issued, and	3182
the superintendent of the state highway patrol shall ensure that	3183
the system is so configured as to permit the transmission through	3184
the system of that information. Upon making that information	3185
available through the law enforcement automated data system, the	3186
sheriff shall immediately issue to the person a temporary	3187
emergency license to carry a concealed handgun license on a	3188
temporary emergency basis.	3189

If the sheriff denies the issuance of a temporary emergency	3190
license on a temporary emergency basis to the person, the sheriff	3191
shall specify the grounds for the denial in a written notice to	3192
the person. The person may appeal the denial, or challenge	3193
criminal records check results that were the basis of the denial	3194
if applicable, in the same manners specified in division (D)(2) of	3195
section 2923.125 and in section 2923.127 of the Revised Code,	3196
regarding the denial of an application for a license to carry a	3197
concealed handgun license under that section.	3198

The temporary emergency license on a temporary emergency	3199
basis issued under this division shall be in the form, and shall	3200
include all of the information, described in divisions (A)(2) and	3201
(5) of section 109.731 of the Revised Code, and also shall include	3202
a unique combination of identifying letters and numbers in	3203
accordance with division (A)(4) of that section.	3204

The temporary emergency license on a temporary emergency	3205
basis issued under this division is valid for ninety days and may	3206
not be renewed. A person who has been issued a temporary emergency	3207
license on a temporary emergency basis under this division shall	3208
not be issued another temporary emergency license on a temporary	3209
emergency basis unless at least four years has expired since the	3210
issuance of the prior temporary emergency license on a temporary	3211
emergency basis.	3212

(3) If a person seeking a temporary emergency license to	3213
carry a concealed handgun license on a temporary emergency basis	3214
has been convicted of or pleaded guilty to an offense identified	3215
in division (D)(1)(e), (f), or (h) of section 2923.125 of the	3216
Revised Code or has been adjudicated a delinquent child for	3217
committing an act or violation identified in any of those	3218
divisions, and if a court has ordered the sealing or expungement	3219
of the records of that conviction, guilty plea, or adjudication	3220
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	3221
2953.36 of the Revised Code or a court has granted the applicant	3222
relief pursuant to section 2923.14 of the Revised Code from the	3223
disability imposed pursuant to section 2923.13 of the Revised Code	3224
relative to that conviction, guilty plea, or adjudication, the	3225
conviction, guilty plea, or adjudication shall not be relevant for	3226
purposes of the sworn affidavit described in division (B)(1)(b) of	3227
this section, and the person may complete, and swear to the truth	3228
of, the affidavit as if the conviction, guilty plea, or	3229
adjudication never had occurred.	3230

(4) The sheriff shall waive the payment pursuant to division	3231
(B)(1)(c) of this section of the license fee in connection with an	3232
application that is submitted by an applicant who is a retired	3233
peace officer, a retired person described in division (B)(1)(b) of	3234
section 109.77 of the Revised Code, or a retired federal law	3235
enforcement officer who, prior to retirement, was authorized under	3236
federal law to carry a firearm in the course of duty, unless the	3237
retired peace officer, person, or federal law enforcement officer	3238
retired as the result of a mental disability.	3239

The sheriff shall deposit all fees paid by an applicant under	3240
division (B)(1)(c) of this section into the sheriff's concealed	3241
handgun license issuance fund established pursuant to section	3242
311.42 of the Revised Code.	3243

(C) A person who holds a temporary emergency license to carry	3244
a concealed handgun license on a temporary emergency basis has the	3245
same right to carry a concealed handgun as a person who was issued	3246
a license to carry a concealed handgun license under section	3247
2923.125 of the Revised Code, and any exceptions to the	3248
prohibitions contained in section 1547.69 and sections 2923.12 to	3249
2923.16 of the Revised Code for a licensee under section 2923.125	3250
of the Revised Code apply to a licensee under this section. The	3251
person is subject to the same restrictions, and to all other	3252
procedures, duties, and sanctions, that apply to a person who	3253
carries a license issued under section 2923.125 of the Revised	3254
Code, other than the license renewal procedures set forth in that	3255
section.	3256

(D) A sheriff who issues a temporary emergency license to	3257
carry a concealed handgun license on a temporary emergency basis	3258
under this section shall not require a person seeking to carry a	3259
concealed handgun in accordance with this section to submit a	3260
competency certificate as a prerequisite for issuing the license	3261
and shall comply with division (H) of section 2923.125 of the	3262
Revised Code in regards to the license. The sheriff shall suspend	3263
or revoke the license in accordance with section 2923.128 of the	3264
Revised Code. In addition to the suspension or revocation	3265
procedures set forth in section 2923.128 of the Revised Code, the	3266
sheriff may revoke the license upon receiving information,	3267
verifiable by public documents, that the person is not eligible to	3268
possess a firearm under either the laws of this state or of the	3269
United States or that the person committed perjury in obtaining	3270
the license; if the sheriff revokes a license under this	3271
additional authority, the sheriff shall notify the person, by	3272
certified mail, return receipt requested, at the person's last	3273
known residence address that the license has been revoked and that	3274
the person is required to surrender the license at the sheriff's	3275
office within ten days of the date on which the notice was mailed.	3276
Division (H) of section 2923.125 of the Revised Code applies	3277
regarding any suspension or revocation of a temporary emergency	3278
license to carry a concealed handgun license on a temporary	3279
emergency basis.	3280

(E) A sheriff who issues a temporary emergency license to	3281
carry a concealed handgun license on a temporary emergency basis	3282
under this section shall retain, for the entire period during	3283
which the temporary emergency license is in effect, the evidence	3284
of imminent danger that the person submitted to the sheriff and	3285
that was the basis for the license, or a copy of that evidence, as	3286
appropriate.	3287

(F) If a temporary emergency license to carry a concealed	3288
handgun license on a temporary emergency basis issued under this	3289
section is lost or is destroyed, the licensee may obtain from the	3290
sheriff who issued that license a duplicate license upon the	3291
payment of a fee of fifteen dollars and the submission of an	3292
affidavit attesting to the loss or destruction of the license. The	3293
sheriff, in accordance with the procedures prescribed in section	3294
109.731 of the Revised Code, shall place on the replacement	3295
license a combination of identifying numbers different from the	3296
combination on the license that is being replaced.	3297

(G) The Ohio peace officer training commission shall	3298
prescribe, and shall make available to sheriffs, a standard form	3299
to be used under division (B) of this section by a person who	3300
applies for a temporary emergency license to carry a concealed	3301
handgun license on a temporary emergency basis on the basis of	3302
imminent danger of a type described in division (A)(1)(a) of this	3303
section.	3304

(H) A sheriff who receives any fees paid by a person under	3305
this section shall deposit all fees so paid into the sheriff's	3306
concealed handgun license issuance expense fund established under	3307
section 311.42 of the Revised Code.	3308

(I) A sheriff shall accept evidence of imminent danger, a	3309
sworn affidavit, the fee, and the set of fingerprints specified in	3310
division (B)(1) of this section at any time during normal business	3311
hours. In no case shall a sheriff require an appointment, or	3312
designate a specific period of time, for the submission or	3313
acceptance of evidence of imminent danger, a sworn affidavit, the	3314
fee, and the set of fingerprints specified in division (B)(1) of	3315
this section, or for the provision to any person of a standard	3316
form to be used for a person to apply for a temporary emergency	3317
license to carry a concealed handgun license on a temporary	3318
emergency basis.	3319

Sec. 2923.16.  (A) No person shall knowingly discharge a	3320
firearm while in or on a motor vehicle.	3321

(B) No person shall knowingly transport or have a loaded	3322
firearm in a motor vehicle in such a manner that the firearm is	3323
accessible to the operator or any passenger without leaving the	3324
vehicle.	3325

(C) No person shall knowingly transport or have a firearm in	3326
a motor vehicle, unless the person may lawfully possess that	3327
firearm under applicable law of this state or the United States,	3328
the firearm is unloaded, and the firearm is carried in one of the	3329
following ways:	3330

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

3331

(2) In a compartment that can be reached only by leaving the	3332
vehicle;	3333

(3) In plain sight and secured in a rack or holder made for	3334
the purpose;	3335

(4) If the firearm is at least twenty-four inches in overall	3336
length as measured from the muzzle to the part of the stock	3337
furthest from the muzzle and if the barrel is at least eighteen	3338
inches in length, either in plain sight with the action open or	3339
the weapon stripped, or, if the firearm is of a type on which the	3340
action will not stay open or which cannot easily be stripped, in	3341
plain sight.	3342

(D) No person shall knowingly transport or have a loaded	3343
handgun in a motor vehicle if, at the time of that transportation	3344
or possession, any of the following applies:	3345

(1) The person is under the influence of alcohol, a drug of	3346
abuse, or a combination of them.	3347

(2) The person's whole blood, blood serum or plasma, breath,	3348
or urine contains a concentration of alcohol, a listed controlled	3349
substance, or a listed metabolite of a controlled substance	3350
prohibited for persons operating a vehicle, as specified in	3351
division (A) of section 4511.19 of the Revised Code, regardless of	3352
whether the person at the time of the transportation or possession	3353
as described in this division is the operator of or a passenger in	3354
the motor vehicle.	3355

(E) No person who has been issued a license or temporary	3356
emergency license to carry a concealed handgun under section	3357
2923.125 or 2923.1213 of the Revised Code or a license to carry a	3358
concealed handgun that was issued to the person by another state	3359
with which the attorney general has entered into a reciprocity	3360
agreement under section 109.69 of the Revised Codelicense, who is	3361
the driver or an occupant of a motor vehicle that is stopped as a	3362
result of a traffic stop or a stop for another law enforcement	3363
purpose or is the driver or an occupant of a commercial motor	3364
vehicle that is stopped by an employee of the motor carrier	3365
enforcement unit for the purposes defined in section 5503.34 of	3366
the Revised Code, and who is transporting or has a loaded handgun	3367
in the motor vehicle or commercial motor vehicle in any manner,	3368
shall do any of the following:	3369

(1) Fail to promptly inform any law enforcement officer who	3370
approaches the vehicle while stopped that the person has been	3371
issued a license or temporary emergency license to carry a	3372
concealed handgun license and that the person then possesses or	3373
has a loaded handgun in the motor vehicle;	3374

(2) Fail to promptly inform the employee of the unit who	3375
approaches the vehicle while stopped that the person has been	3376
issued a license or temporary emergency license to carry a	3377
concealed handgun license and that the person then possesses or	3378
has a loaded handgun in the commercial motor vehicle;	3379

(3) Knowingly fail to remain in the motor vehicle while	3380
stopped or knowingly fail to keep the person's hands in plain	3381
sight at any time after any law enforcement officer begins	3382
approaching the person while stopped and before the law	3383
enforcement officer leaves, unless the failure is pursuant to and	3384
in accordance with directions given by a law enforcement officer;	3385

(4) Knowingly have contact with the loaded handgun by	3386
touching it with the person's hands or fingers in the motor	3387
vehicle at any time after the law enforcement officer begins	3388
approaching and before the law enforcement officer leaves, unless	3389
the person removes, attempts to remove, grasps, holds, or has	3390
contact with the loaded handgun pursuant to and in accordance with	3391
directions given by the law enforcement officer;	3392

(5) Knowingly disregard or fail to comply with any lawful	3393
order of any law enforcement officer given while the motor vehicle	3394
is stopped, including, but not limited to, a specific order to the	3395
person to keep the person's hands in plain sight.	3396

(F)(1) Divisions (A), (B), (C), and (E) of this section do	3397
not apply to any of the following:	3398

(a) An officer, agent, or employee of this or any other state	3399
or the United States, or a law enforcement officer, when	3400
authorized to carry or have loaded or accessible firearms in motor	3401
vehicles and acting within the scope of the officer's, agent's,	3402
or employee's duties;	3403

(b) Any person who is employed in this state, who is	3404
authorized to carry or have loaded or accessible firearms in motor	3405
vehicles, and who is subject to and in compliance with the	3406
requirements of section 109.801 of the Revised Code, unless the	3407
appointing authority of the person has expressly specified that	3408
the exemption provided in division (F)(1)(b) of this section does	3409
not apply to the person.	3410

(2) Division (A) of this section does not apply to a person	3411
if all of the following circumstances apply:	3412

(a) The person discharges a firearm from a motor vehicle at a	3413
coyote or groundhog, the discharge is not during the deer gun	3414
hunting season as set by the chief of the division of wildlife of	3415
the department of natural resources, and the discharge at the	3416
coyote or groundhog, but for the operation of this section, is	3417
lawful.	3418

(b) The motor vehicle from which the person discharges the	3419
firearm is on real property that is located in an unincorporated	3420
area of a township and that either is zoned for agriculture or is	3421
used for agriculture.	3422

(c) The person owns the real property described in division	3423
(F)(2)(b) of this section, is the spouse or a child of another	3424
person who owns that real property, is a tenant of another person	3425
who owns that real property, or is the spouse or a child of a	3426
tenant of another person who owns that real property.	3427

(d) The person does not discharge the firearm in any of the	3428
following manners:	3429

(i) While under the influence of alcohol, a drug of abuse, or	3430
alcohol and a drug of abuse;	3431

(ii) In the direction of a street, highway, or other public	3432
or private property used by the public for vehicular traffic or	3433
parking;	3434

(iii) At or into an occupied structure that is a permanent or	3435
temporary habitation;	3436

(iv) In the commission of any violation of law, including,	3437
but not limited to, a felony that includes, as an essential	3438
element, purposely or knowingly causing or attempting to cause the	3439
death of or physical harm to another and that was committed by	3440
discharging a firearm from a motor vehicle.	3441

(3) Division (A) of this section does not apply to a person	3442
if all of the following apply:	3443

(a) The person possesses a valid electric-powered all-purpose	3444
vehicle permit issued under section 1533.103 of the Revised Code	3445
by the chief of the division of wildlife.	3446

(b) The person discharges a firearm at a wild quadruped or	3447
game bird as defined in section 1531.01 of the Revised Code during	3448
the open hunting season for the applicable wild quadruped or game	3449
bird.	3450

(c) The person discharges a firearm from a stationary	3451
electric-powered all-purpose vehicle as defined in section 1531.01	3452
of the Revised Code or a motor vehicle that is parked on a road	3453
that is owned or administered by the division of wildlife,	3454
provided that the road is identified by an electric-powered	3455
all-purpose vehicle sign.	3456

(d) The person does not discharge the firearm in any of the	3457
following manners:	3458

(i) While under the influence of alcohol, a drug of abuse, or	3459
alcohol and a drug of abuse;	3460

(ii) In the direction of a street, a highway, or other public	3461
or private property that is used by the public for vehicular	3462
traffic or parking;	3463

(iii) At or into an occupied structure that is a permanent or	3464
temporary habitation;	3465

(iv) In the commission of any violation of law, including,	3466
but not limited to, a felony that includes, as an essential	3467
element, purposely or knowingly causing or attempting to cause the	3468
death of or physical harm to another and that was committed by	3469
discharging a firearm from a motor vehicle.	3470

(4) Divisions (B) and (C) of this section do not apply to a	3471
person if all of the following circumstances apply:	3472

(a) At the time of the alleged violation of either of those	3473
divisions, the person is the operator of or a passenger in a motor	3474
vehicle.	3475

(b) The motor vehicle is on real property that is located in	3476
an unincorporated area of a township and that either is zoned for	3477
agriculture or is used for agriculture.	3478

(c) The person owns the real property described in division	3479
(D)(4)(b) of this section, is the spouse or a child of another	3480
person who owns that real property, is a tenant of another person	3481
who owns that real property, or is the spouse or a child of a	3482
tenant of another person who owns that real property.	3483

(d) The person, prior to arriving at the real property	3484
described in division (D)(4)(b) of this section, did not transport	3485
or possess a firearm in the motor vehicle in a manner prohibited	3486
by division (B) or (C) of this section while the motor vehicle was	3487
being operated on a street, highway, or other public or private	3488
property used by the public for vehicular traffic or parking.	3489

(5) Divisions (B) and (C) of this section do not apply to a	3490
person who transports or possesses a handgun in a motor vehicle	3491
if, at the time of that transportation or possession, both of the	3492
following apply:	3493

(a) The person transporting or possessing the handgun is	3494
carrying a valid license or temporary emergency license to carry a	3495
concealed handgun issued to the person under section 2923.125 or	3496
2923.1213 of the Revised Code or a license to carry a concealed	3497
handgun that was issued by another state with which the attorney	3498
general has entered into a reciprocity agreement under section	3499
109.69 of the Revised Codelicense.	3500

(b) The person transporting or possessing the handgun is not	3501
knowingly in a place described in division (B) of section 2923.126	3502
of the Revised Code.	3503

(6) Divisions (B) and (C) of this section do not apply to a	3504
person if all of the following apply:	3505

(a) The person possesses a valid electric-powered all-purpose	3506
vehicle permit issued under section 1533.103 of the Revised Code	3507
by the chief of the division of wildlife.	3508

(b) The person is on or in an electric-powered all-purpose	3509
vehicle as defined in section 1531.01 of the Revised Code or a	3510
motor vehicle during the open hunting season for a wild quadruped	3511
or game bird.	3512

(c) The person is on or in an electric-powered all-purpose	3513
vehicle as defined in section 1531.01 of the Revised Code or a	3514
motor vehicle that is parked on a road that is owned or	3515
administered by the division of wildlife, provided that the road	3516
is identified by an electric-powered all-purpose vehicle sign.	3517

(7) Nothing in this section prohibits or restricts a person	3518
from possessing, storing, or leaving a firearm in a locked motor	3519
vehicle that is parked in the state underground parking garage at	3520
the state capitol building or in the parking garage at the Riffe	3521
center for government and the arts in Columbus, if the person's	3522
transportation and possession of the firearm in the motor vehicle	3523
while traveling to the premises or facility was not in violation	3524
of division (A), (B), (C), (D), or (E) of this section or any	3525
other provision of the Revised Code.	3526

(G)(1) The affirmative defenses authorized in divisions	3527
(D)(1) and (2) of section 2923.12 of the Revised Code are	3528
affirmative defenses to a charge under division (B) or (C) of this	3529
section that involves a firearm other than a handgun.	3530

(2) It is an affirmative defense to a charge under division	3531
(B) or (C) of this section of improperly handling firearms in a	3532
motor vehicle that the actor transported or had the firearm in the	3533
motor vehicle for any lawful purpose and while the motor vehicle	3534
was on the actor's own property, provided that this affirmative	3535
defense is not available unless the person, immediately prior to	3536
arriving at the actor's own property, did not transport or possess	3537
the firearm in a motor vehicle in a manner prohibited by division	3538
(B) or (C) of this section while the motor vehicle was being	3539
operated on a street, highway, or other public or private property	3540
used by the public for vehicular traffic.	3541

(H)(1) No person who is charged with a violation of division	3542
(B), (C), or (D) of this section shall be required to obtain a	3543
license or temporary emergency license to carry a concealed	3544
handgun under section 2923.125 or 2923.1213 of the Revised Code	3545
license as a condition for the dismissal of the charge.	3546

(2)(a) If a person is convicted of, was convicted of, pleads	3547
guilty to, or has pleaded guilty to a violation of division (E) of	3548
this section as it existed prior to the effective date of this	3549
amendmentSeptember 30, 2011, and if the conduct that was the	3550
basis of the violation no longer would be a violation of division	3551
(E) of this section on or after the effective date of this	3552
amendmentSeptember 30, 2011, the person may file an application	3553
under section 2953.37 of the Revised Code requesting the	3554
expungement of the record of conviction.	3555

If a person is convicted of, was convicted of, pleads guilty	3556
to, or has pleaded guilty to a violation of division (B) or (C) of	3557
this section as the division existed prior to the effective date	3558
of this amendmentSeptember 30, 2011, and if the conduct that was	3559
the basis of the violation no longer would be a violation of	3560
division (B) or (C) of this section on or after the effective date	3561
of this amendmentSeptember 30, 2011, due to the application of	3562
division (F)(5) of this section as it exists on and after the	3563
effective date of this amendmentSeptember 30, 2011, the person	3564
may file an application under section 2953.37 of the Revised Code	3565
requesting the expungement of the record of conviction.	3566

(b) The attorney general shall develop a public media	3567
advisory that summarizes the expungement procedure established	3568
under section 2953.37 of the Revised Code and the offenders	3569
identified in division (H)(2)(a) of this section who are	3570
authorized to apply for the expungement. Within thirty days after	3571
the effective date of this amendmentSeptember 30, 2011, the	3572
attorney general shall provide a copy of the advisory to each	3573
daily newspaper published in this state and each television	3574
station that broadcasts in this state. The attorney general may	3575
provide the advisory in a tangible form, an electronic form, or in	3576
both tangible and electronic forms.	3577

(I) Whoever violates this section is guilty of improperly	3578
handling firearms in a motor vehicle. Violation of division (A) of	3579
this section is a felony of the fourth degree. Violation of	3580
division (C) of this section is a misdemeanor of the fourth	3581
degree. A violation of division (D) of this section is a felony of	3582
the fifth degree or, if the loaded handgun is concealed on the	3583
person's person, a felony of the fourth degree. Except as	3584
otherwise provided in this division, a violation of division	3585
(E)(1) or (2) of this section is a misdemeanor of the first	3586
degree, and, in addition to any other penalty or sanction imposed	3587
for the violation, the offender's license or temporary emergency	3588
license to carry a concealed handgun license shall be suspended	3589
pursuant to division (A)(2) of section 2923.128 of the Revised	3590
Code. If at the time of the stop of the offender for a traffic	3591
stop, for another law enforcement purpose, or for a purpose	3592
defined in section 5503.34 of the Revised Code that was the basis	3593
of the violation any law enforcement officer involved with the	3594
stop or the employee of the motor carrier enforcement unit who	3595
made the stop had actual knowledge of the offender's status as a	3596
licensee, a violation of division (E)(1) or (2) of this section is	3597
a minor misdemeanor, and the offender's license or temporary	3598
emergency license to carry a concealed handgun license shall not	3599
be suspended pursuant to division (A)(2) of section 2923.128 of	3600
the Revised Code. A violation of division (E)(4) of this section	3601
is a felony of the fifth degree. A violation of division (E)(3) or	3602
(5) of this section is a misdemeanor of the first degree or, if	3603
the offender previously has been convicted of or pleaded guilty to	3604
a violation of division (E)(3) or (5) of this section, a felony of	3605
the fifth degree. In addition to any other penalty or sanction	3606
imposed for a misdemeanor violation of division (E)(3) or (5) of	3607
this section, the offender's license or temporary emergency	3608
license to carry a concealed handgun license shall be suspended	3609
pursuant to division (A)(2) of section 2923.128 of the Revised	3610
Code. A violation of division (B) of this section is a felony of	3611
the fourth degree.	3612

(J) If a law enforcement officer stops a motor vehicle for a	3613
traffic stop or any other purpose, if any person in the motor	3614
vehicle surrenders a firearm to the officer, either voluntarily or	3615
pursuant to a request or demand of the officer, and if the officer	3616
does not charge the person with a violation of this section or	3617
arrest the person for any offense, the person is not otherwise	3618
prohibited by law from possessing the firearm, and the firearm is	3619
not contraband, the officer shall return the firearm to the person	3620
at the termination of the stop. If a court orders a law	3621
enforcement officer to return a firearm to a person pursuant to	3622
the requirement set forth in this division, division (B) of	3623
section 2923.163 of the Revised Code applies.	3624

(K) As used in this section:

3625

(1) "Motor vehicle," "street," and "highway" have the same	3626
meanings as in section 4511.01 of the Revised Code.	3627

(2) "Occupied structure" has the same meaning as in section	3628
2909.01 of the Revised Code.	3629

(3) "Agriculture" has the same meaning as in section 519.01	3630
of the Revised Code.	3631

(4) "Tenant" has the same meaning as in section 1531.01 of	3632
the Revised Code.	3633

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

3634

(a) No, with respect to a firearm other than a firearm	3635
described in division (K)(6) of this section, that no ammunition	3636
is in the firearm in question, and no ammunition is loaded into a	3637
magazine or speed loader that may be used withcontaining	3638
ammunition is inserted into the firearm in question and that is	3639
located anywhere within the vehicle in question, without regard to	3640
where ammunition otherwise is located within the vehicle in	3641
question., and one of the following applies:	3642

(i) There is no ammunition in a magazine or speed loader that	3643
is in the vehicle in question and that may be used with the	3644
firearm in question.	3645

(ii) Any magazine or speed loader that contains ammunition	3646
and that may be used with the firearm in question is stored in a	3647
compartment within the vehicle in question that cannot be accessed	3648
without leaving the vehicle or is stored in a container that	3649
provides complete and separate enclosure.	3650

(b) For the purposes of division (K)(5)(a)(ii) of this	3651
section, a "container that provides complete and separate	3652
enclosure" includes, but is not limited to, any of the following:	3653

(i) A package, box, or case with multiple compartments, as	3654
long as the loaded magazine or speed loader and the firearm in	3655
question either are in separate compartments within the package,	3656
box, or case, or, if they are in the same compartment, the	3657
magazine or speed loader is contained within a separate enclosure	3658
in that compartment that does not contain the firearm and that	3659
closes using a snap, button, buckle, zipper, hook and loop closing	3660
mechanism, or other fastener that must be opened to access the	3661
contents or the firearm is contained within a separate enclosure	3662
of that nature in that compartment that does not contain the	3663
magazine or speed loader;	3664

(ii) A pocket or other enclosure on the person of the person	3665
in question that closes using a snap, button, buckle, zipper, hook	3666
and loop closing mechanism, or other fastener that must be opened	3667
to access the contents.	3668

(c) For the purposes of divisiondivisions (K)(5)(a) and (b)	3669
of this section, ammunition held in stripper-clips or in en-bloc	3670
clips is not considered ammunition that is loaded into a magazine	3671
or speed loader.	3672

(b) With(6) "Unloaded" means, with respect to a firearm	3673
employing a percussion cap, flintlock, or other obsolete ignition	3674
system, when the weapon is uncapped or when the priming charge is	3675
removed from the pan.	3676

(6)(7) "Commercial motor vehicle" has the same meaning as in	3677
division (A) of section 4506.25 of the Revised Code.	3678

(7)(8) "Motor carrier enforcement unit" means the motor	3679
carrier enforcement unit in the department of public safety,	3680
division of state highway patrol, that is created by section	3681
5503.34 of the Revised Code.	3682

(L) Divisions (K)(5)(a) and (b) of this section do not affect	3683
the authority of a person who is carrying a valid concealed	3684
handgun license to have one or more magazines or speed loaders	3685
containing ammunition anywhere in a vehicle, without being	3686
transported as described in those divisions, as long as no	3687
ammunition is in a firearm, other than a handgun, in the vehicle	3688
other than as permitted under any other provision of this chapter.	3689
A person who is carrying a valid concealed handgun license may	3690
have one or more magazines or speed loaders containing ammunition	3691
anywhere in a vehicle without further restriction, as long as no	3692
ammunition is in a firearm, other than a handgun, in the vehicle	3693
other than as permitted under any provision of this chapter.	3694

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

3695

(1) "Expunge" means to destroy, delete, and erase a record as	3696
appropriate for the record's physical or electronic form or	3697
characteristic so that the record is permanently irretrievable.	3698

(2) "Official records" has the same meaning as in section	3699
2953.51 of the Revised Code.	3700

(3) "Prosecutor" has the same meaning as in section 2953.31	3701
of the Revised Code.	3702

(4) "Record of conviction" means the record related to a	3703
conviction of or plea of guilty to an offense.	3704

(B) Any person who is convicted of, was convicted of, pleads	3705
guilty to, or has pleaded guilty to a violation of division (B),	3706
(C), or (E) of section 2923.16 of the Revised Code as the division	3707
existed prior to the effective date of this sectionSeptember 30,	3708
2011, and who is authorized by division (H)(2)(a) of that section	3709
to file an application under this section for the expungement of	3710
the conviction record may apply to the sentencing court for the	3711
expungement of the record of conviction. The person may file the	3712
application at any time on or after the effective date of this	3713
sectionSeptember 30, 2011. The application shall do all of the	3714
following:	3715

(1) Identify the applicant, the offense for which the	3716
expungement is sought, the date of the conviction of or plea of	3717
guilty to that offense, and the court in which the conviction	3718
occurred or the plea of guilty was entered;	3719

(2) Include evidence that the offense was a violation of	3720
division (B), (C), or (E) of section 2923.16 of the Revised Code	3721
as the division existed prior to the effective date of this	3722
sectionSeptember 30, 2011, and that the applicant is authorized	3723
by division (H)(2)(a) of that section to file an application under	3724
this section;	3725

(3) Include a request for expungement of the record of	3726
conviction of that offense under this section.	3727

(C) Upon the filing of an application under division (B) of	3728
this section and the payment of the fee described in division	3729
(D)(3) of this section if applicable, the court shall set a date	3730
for a hearing and shall notify the prosecutor for the case of the	3731
hearing on the application. The prosecutor may object to the	3732
granting of the application by filing an objection with the court	3733
prior to the date set for the hearing. The prosecutor shall	3734
specify in the objection the reasons for believing a denial of the	3735
application is justified. The court shall direct its regular	3736
probation officer, a state probation officer, or the department of	3737
probation of the county in which the applicant resides to make	3738
inquiries and written reports as the court requires concerning the	3739
applicant. The court shall hold the hearing scheduled under this	3740
division.	3741

(D)(1) At the hearing held under division (C) of this	3742
section, the court shall do each of the following:	3743

(a) Determine whether the applicant has been convicted of or	3744
pleaded guilty to a violation of division (E) of section 2923.16	3745
of the Revised Code as the division existed prior to the effective	3746
date of this sectionSeptember 30, 2011, and whether the conduct	3747
that was the basis of the violation no longer would be a violation	3748
of that division on or after the effective date of this section	3749
September 30, 2011;	3750

(b) Determine whether the applicant has been convicted of or	3751
pleaded guilty to a violation of division (B) or (C) of section	3752
2923.16 of the Revised Code as the division existed prior to the	3753
effective date of this sectionSeptember 30, 2011, and whether the	3754
conduct that was the basis of the violation no longer would be a	3755
violation of that division on or after the effective date of this	3756
sectionSeptember 30, 2011, due to the application of division	3757
(F)(5) of that section as it exists on and after the effective	3758
date of this sectionSeptember 30, 2011;	3759

(c) If the prosecutor has filed an objection in accordance	3760
with division (C) of this section, consider the reasons against	3761
granting the application specified by the prosecutor in the	3762
objection;	3763

(d) Weigh the interests of the applicant in having the	3764
records pertaining to the applicant's conviction or guilty plea	3765
expunged against the legitimate needs, if any, of the government	3766
to maintain those records.	3767

(2)(a) The court may order the expungement of all official	3768
records pertaining to the case and the deletion of all index	3769
references to the case and, if it does order the expungement,	3770
shall send notice of the order to each public office or agency	3771
that the court has reason to believe may have an official record	3772
pertaining to the case if the court, after complying with division	3773
(D)(1) of this section, determines both of the following:	3774

(i) That the applicant has been convicted of or pleaded	3775
guilty to a violation of division (E) of section 2923.16 of the	3776
Revised Code as it existed prior to the effective date of this	3777
sectionSeptember 30, 2011, and the conduct that was the basis of	3778
the violation no longer would be a violation of that division on	3779
or after the effective date of this sectionSeptember 30, 2011, or	3780
that the applicant has been convicted of or pleaded guilty to a	3781
violation of division (B) or (C) of section 2923.16 of the Revised	3782
Code as the division existed prior to the effective date of this	3783
sectionSeptember 30, 2011, and the conduct that was the basis of	3784
the violation no longer would be a violation of that division on	3785
or after the effective date of this sectionSeptember 30, 2011,	3786
due to the application of division (F)(5) of that section as it	3787
exists on and after the effective date of this sectionSeptember	3788
30, 2011;	3789

(ii) That the interests of the applicant in having the	3790
records pertaining to the applicant's conviction or guilty plea	3791
expunged are not outweighed by any legitimate needs of the	3792
government to maintain those records.	3793

(b) The proceedings in the case that is the subject of an	3794
order issued under division (D)(2)(a) of this section shall be	3795
considered not to have occurred and the conviction or guilty plea	3796
of the person who is the subject of the proceedings shall be	3797
expunged. The record of the conviction shall not be used for any	3798
purpose, including, but not limited to, a criminal records check	3799
under section 109.572 of the Revised Code or a determination under	3800
section 2923.125 or 2923.1212 of the Revised Code of eligibility	3801
for a license or temporary emergency license to carry a concealed	3802
handgun license. The applicant may, and the court shall, reply	3803
that no record exists with respect to the applicant upon any	3804
inquiry into the matter.	3805

(3) Upon the filing of an application under this section, the	3806
applicant, unless indigent, shall pay a fee of fifty dollars. The	3807
court shall pay thirty dollars of the fee into the state treasury	3808
and shall pay twenty dollars of the fee into the county general	3809
revenue fund.	3810

Section 2.  That existing sections 105.41, 109.69, 109.731,	3811
152.08, 311.41, 311.42, 1547.69, 2921.13, 2923.11, 2923.12,	3812
2923.121, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126,	3813
2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1213,	3814
2923.16, and 2953.37 of the Revised Code are hereby repealed.	3815