As Reported by the Senate Judiciary Committee

129th General Assembly Regular Session 2011-2012

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 

Senator Faber 

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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 authorize the

6

automatic validity in Ohio of a concealed handgun

7

license issued by another state if the other state

8

automatically recognizes as valid in that state an

9

Ohio concealed handgun license without the need

10

for any reciprocity agreement between the states;

11

to repeal the competency certification currently

12

required for renewal of a concealed handgun

13

license; to revise the definition of "unloaded"

14

that applies to the offense of "improperly

15

handling firearms in a motor vehicle" and the

16

related vessel-based offense; to specify the

17

authority of any person to store a firearm in the

18

Statehouse Underground Parking Garage or the Riffe

19

Center Parking Garage; and to simplify, through

20

the use of new definitions, the law regarding

21

concealed handgun licenses.

22

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

Section 1.  That sections 105.41, 109.69, 109.731, 152.08,	23
311.41, 311.42, 1547.69, 2921.13, 2923.11, 2923.12, 2923.121,	24
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.127,	25
2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1213, 2923.16, and	26
2953.37 of the Revised Code be amended to read as follows:	27

Sec. 105.41.  (A) There is hereby created in the legislative	28
branch of government the capitol square review and advisory board,	29
consisting of twelve members as follows:	30

(1) Two members of the senate, appointed by the president of	31
the senate, both of whom shall not be members of the same	32
political party;	33

(2) Two members of the house of representatives, appointed by	34
the speaker of the house of representatives, both of whom shall	35
not be members of the same political party;	36

(3) Four members appointed by the governor, with the advice	37
and consent of the senate, not more than three of whom shall be	38
members of the same political party, one of whom shall be the	39
chief of staff of the governor's office, one of whom shall	40
represent the Ohio arts council, one of whom shall represent the	41
Ohio historical society, and one of whom shall represent the	42
public at large;	43

(4) One member, who shall be a former president of the	44
senate, appointed by the current president of the senate. If the	45
current president of the senate, in the current president's	46
discretion, decides for any reason not to make the appointment or	47
if no person is eligible or available to serve, the seat shall	48
remain vacant.	49

(5) One member, who shall be a former speaker of the house of	50
representatives, appointed by the current speaker of the house of	51
representatives. If the current speaker of the house of	52
representatives, in the current speaker's discretion, decides for	53
any reason not to make the appointment or if no person is eligible	54
or available to serve, the seat shall remain vacant.	55

(6) The clerk of the senate and the clerk of the house of	56
representatives.	57

(B) Terms of office of each appointed member of the board	58
shall be for three years, except that members of the general	59
assembly appointed to the board shall be members of the board only	60
so long as they are members of the general assembly and the chief	61
of staff of the governor's office shall be a member of the board	62
only so long as the appointing governor remains in office. Each	63
member shall hold office from the date of the member's appointment	64
until the end of the term for which the member was appointed. In	65
case of a vacancy occurring on the board, the president of the	66
senate, the speaker of the house of representatives, or the	67
governor, as the case may be, shall in the same manner prescribed	68
for the regular appointment to the commission, fill the vacancy by	69
appointing a member. Any member appointed to fill a vacancy	70
occurring prior to the expiration of the term for which the	71
member's predecessor was appointed shall hold office for the	72
remainder of the term. Any appointed member shall continue in	73
office subsequent to the expiration date of the member's term	74
until the member's successor takes office, or until a period of	75
sixty days has elapsed, whichever occurs first.	76

(C) The board shall hold meetings in a manner and at times	77
prescribed by the rules adopted by the board. A majority of the	78
board constitutes a quorum, and no action shall be taken by the	79
board unless approved by at least six members or by at least seven	80
members if a person is appointed under division (A)(4) or (5) of	81
this section. At its first meeting, the board shall adopt rules	82
for the conduct of its business and the election of its officers,	83
and shall organize by selecting a chairperson and other officers	84
as it considers necessary. Board members shall serve without	85
compensation but shall be reimbursed for actual and necessary	86
expenses incurred in the performance of their duties.	87

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

88

(1) Employ or hire on a consulting basis professional,	89
technical, and clerical employees as are necessary for the	90
performance of its duties. All employees of the board are in the	91
unclassified service and serve at the pleasure of the board. For	92
purposes of section 4117.01 of the Revised Code, employees of the	93
board shall be considered employees of the general assembly,	94
except that employees who are covered by a collective bargaining	95
agreement on September 29, 2011, shall remain subject to the	96
agreement until the agreement expires on its terms, and the	97
agreement shall not be extended or renewed. Upon expiration of the	98
agreement, the employees are considered employees of the general	99
assembly for purposes of section 4117.01 of the Revised Code and	100
are in the unclassified service and serve at the pleasure of the	101
board.	102

(2) Hold public hearings at times and places as determined by	103
the board;	104

(3) Adopt, amend, or rescind rules necessary to accomplish	105
the duties of the board as set forth in this section;	106

(4) Sponsor, conduct, and support such social events as the	107
board may authorize and consider appropriate for the employees of	108
the board, employees and members of the general assembly,	109
employees of persons under contract with the board or otherwise	110
engaged to perform services on the premises of capitol square, or	111
other persons as the board may consider appropriate. Subject to	112
the requirements of Chapter 4303. of the Revised Code, the board	113
may provide beer, wine, and intoxicating liquor, with or without	114
charge, for those events and may use funds only from the sale of	115
goods and services fund to purchase the beer, wine, and	116
intoxicating liquor the board provides;	117

(5) Purchase a warehouse in which to store items of the	118
capitol collection trust and, whenever necessary, equipment or	119
other property of the board.	120

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

121

(1) Have sole authority to coordinate and approve any	122
improvements, additions, and renovations that are made to the	123
capitol square. The improvements shall include, but not be limited	124
to, the placement of monuments and sculpture on the capitol	125
grounds.	126

(2) Subject to section 3353.07 of the Revised Code, operate	127
the capitol square, and have sole authority to regulate all uses	128
of the capitol square. The uses shall include, but not be limited	129
to, the casual and recreational use of the capitol square.	130

(3) Employ, fix the compensation of, and prescribe the duties	131
of the executive director of the board and other employees the	132
board considers necessary for the performance of its powers and	133
duties;	134

(4) Establish and maintain the capitol collection trust. The	135
capitol collection trust shall consist of furniture, antiques, and	136
other items of personal property that the board shall store in	137
suitable facilities until they are ready to be displayed in the	138
capitol square.	139

(5) Perform repair, construction, contracting, purchasing,	140
maintenance, supervisory, and operating activities the board	141
determines are necessary for the operation and maintenance of the	142
capitol square;	143

(6) Maintain and preserve the capitol square, in accordance	144
with guidelines issued by the United States secretary of the	145
interior for application of the secretary's standards for	146
rehabilitation adopted in 36 C.F.R. part 67;	147

(7) Plan and develop a center at the capitol building for the	148
purpose of educating visitors about the history of Ohio, including	149
its political, economic, and social development and the design and	150
erection of the capitol building and its grounds.	151

(F)(1) The board shall lease capital facilities improved or	152
financed by the Ohio building authority pursuant to Chapter 152.	153
of the Revised Code for the use of the board, and may enter into	154
any other agreements with the authority ancillary to improvement,	155
financing, or leasing of those capital facilities, including, but	156
not limited to, any agreement required by the applicable bond	157
proceedings authorized by Chapter 152. of the Revised Code. Any	158
lease of capital facilities authorized by this section shall be	159
governed by division (D) of section 152.24 of the Revised Code.	160

(2) Fees, receipts, and revenues received by the board from	161
the state underground parking garage constitute available receipts	162
as defined in section 152.09 of the Revised Code, and may be	163
pledged to the payment of bond service charges on obligations	164
issued by the Ohio building authority pursuant to Chapter 152. of	165
the Revised Code to improve, finance, or purchase capital	166
facilities useful to the board. The authority may, with the	167
consent of the board, provide in the bond proceedings for a pledge	168
of all or a portion of those fees, receipts, and revenues as the	169
authority determines. The authority may provide in the bond	170
proceedings or by separate agreement with the board for the	171
transfer of those fees, receipts, and revenues to the appropriate	172
bond service fund or bond service reserve fund as required to pay	173
the bond service charges when due, and any such provision for the	174
transfer of those fees, receipts, and revenues shall be	175
controlling notwithstanding any other provision of law pertaining	176
to those fees, receipts, and revenues.	177

(3) All moneys received by the treasurer of state on account	178
of the board and required by the applicable bond proceedings or by	179
separate agreement with the board to be deposited, transferred, or	180
credited to the bond service fund or bond service reserve fund	181
established by the bond proceedings shall be transferred by the	182
treasurer of state to such fund, whether or not it is in the	183
custody of the treasurer of state, without necessity for further	184
appropriation, upon receipt of notice from the Ohio building	185
authority as prescribed in the bond proceedings.	186

(G)(1) Except as otherwise provided in division (G)(2) of	187
this section, all fees, receipts, and revenues received by the	188
board from the state underground parking garage shall be deposited	189
into the state treasury to the credit of the underground parking	190
garage operating fund, which is hereby created, to be used for the	191
purposes specified in division (F) of this section and for the	192
operation and maintenance of the garage. All investment earnings	193
of the fund shall be credited to the fund.	194

(2) There is hereby created the parking garage automated	195
equipment fund, which shall be in the custody of the treasurer of	196
state but shall not be part of the state treasury. Money in the	197
fund shall be used to purchase the automated teller machine	198
quality dollar bills needed for operation of the parking garage	199
automated equipment. The fund shall consist of fees, receipts, or	200
revenues received by the board from the state underground parking	201
garage; provided, however, that the total amount deposited into	202
the fund at any one time shall not exceed ten thousand dollars.	203
All investment earnings of the fund shall be credited to the fund.	204

(H) All donations received by the board shall be deposited	205
into the state treasury to the credit of the capitol square	206
renovation gift fund, which is hereby created. The fund shall be	207
used by the board as follows:	208

(1) To provide part or all of the funding related to	209
construction, goods, or services for the renovation of the capitol	210
square;	211

(2) To purchase art, antiques, and artifacts for display at	212
the capitol square;	213

(3) To award contracts or make grants to organizations for	214
educating the public regarding the historical background and	215
governmental functions of the capitol square. Chapters 125., 127.,	216
and 153. and section 3517.13 of the Revised Code do not apply to	217
purchases made exclusively from the fund, notwithstanding anything	218
to the contrary in those chapters or that section. All investment	219
earnings of the fund shall be credited to the fund.	220

(I) Except as provided in divisions (G), (H), and (J) of this	221
section, all fees, receipts, and revenues received by the board	222
shall be deposited into the state treasury to the credit of the	223
sale of goods and services fund, which is hereby created. Money	224
credited to the fund shall be used solely to pay costs of the	225
board other than those specified in divisions (F) and (G) of this	226
section. All investment earnings of the fund shall be credited to	227
the fund.	228

(J) There is hereby created in the state treasury the capitol	229
square improvement fund, to be used by the board to pay	230
construction, renovation, and other costs related to the capitol	231
square for which money is not otherwise available to the board.	232
Whenever the board determines that there is a need to incur those	233
costs and that the unencumbered, unobligated balance to the credit	234
of the underground parking garage operating fund exceeds the	235
amount needed for the purposes specified in division (F) of this	236
section and for the operation and maintenance of the garage, the	237
board may request the director of budget and management to	238
transfer from the underground parking garage operating fund to the	239
capitol square improvement fund the amount needed to pay such	240
construction, renovation, or other costs. The director then shall	241
transfer the amount needed from the excess balance of the	242
underground parking garage operating fund.	243

(K) As the operation and maintenance of the capitol square	244
constitute essential government functions of a public purpose, the	245
board shall not be required to pay taxes or assessments upon the	246
square, upon any property acquired or used by the board under this	247
section, or upon any income generated by the operation of the	248
square.	249

(L) As used in this section, "capitol square" means the	250
capitol building, senate building, capitol atrium, capitol	251
grounds, the state underground parking garage, and the warehouse	252
owned by the board.	253

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

254

(N) Any person may possess a firearm in a motor vehicle in	255
the state underground parking garage at the state capitol	256
building, if the person's possession of the firearm in the motor	257
vehicle is not in violation of section 2923.16 of the Revised Code	258
or any other provision of the Revised Code. Any person may store	259
or leave a firearm in a locked motor vehicle that is parked in the	260
state underground parking garage at the state capitol building, if	261
the person's transportation and possession of the firearm in the	262
motor vehicle while traveling to the garage was not in violation	263
of section 2923.16 of the Revised Code or any other provision of	264
the Revised Code.	265

Sec. 109.69. (A)(1) The attorney general shallmay negotiate	266
and enter into a reciprocity agreement with any other	267
license-issuing state under which a license to carry a concealed	268
handgun license that is issued by the other state is recognized in	269
this state if the attorney general determines that both of the	270
following apply:	271

(a) The eligibility requirements imposed by that	272
license-issuing state for that license are substantially	273
comparable to the eligibility requirements for a license to carry	274
a concealed handgun issued under section 2923.125 of the Revised	275
Code.	276

(b) Thatthe license-issuing state recognizes a concealed	277
handgun license to carry a concealed handgun issued under section	278
2923.125 of the Revised Code.	279

(2) A reciprocity agreement entered into under division	280
(A)(1) of this section also may provide for the recognition in	281
this state of a license to carry a concealed handgun license	282
issued on a temporary or emergency basis by the other	283
license-issuing state, if the eligibility requirements imposed by	284
that license-issuing state for the temporary or emergency license	285
are substantially comparable to the eligibility requirements for a	286
license or temporary emergency license to carry a concealed	287
handgun license issued under section 2923.125 or 2923.1213 of the	288
Revised Code and if that license-issuing state recognizes a	289
temporary emergency license to carry a concealed handgun license	290
issued under section 2923.1213 of the Revised Code.	291

(3)(B) The attorney general shall not negotiate anymay	292
determine if another state automatically, without written	293
agreement with any other license-issuing state under which a	294
license to carry, recognizes a concealed handgun that islicense	295
issued by the other state is recognized in this state other than	296
as provided in divisions (A)(1) and (2) of thisunder section	297
2923.125 of the Revised Code. If the attorney general determines	298
that another state recognizes in that manner a concealed carry	299
license issued under that section, all of the following apply:	300

(1) The attorney general shall publish that determination in	301
the same manner as written agreements entered into as described in	302
division (A)(1) or (2) of this section are published.	303

(2) That determination shall have the same force and effect	304
as a written agreement entered into as described in division	305
(A)(1) or (2) of this section.	306

(3) A concealed handgun license issued by the other state	307
shall be accepted and valid in this state the same as if a written	308
agreement between this state and the other state existed as	309
described in division (A)(1) or (2) of this section.	310

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

311

(1) "Handgun" hasand "concealed handgun license" have the	312
same meaningmeanings as in section 2923.11 of the Revised Code.	313

(2) "License-issuing state" means a state other than this	314
state that, pursuant to law, provides for the issuance of a	315
license to carry a concealed handgun.	316

Sec. 109.731.  (A) The Ohio peace officer training commission	317
shall prescribe, and shall make available to sheriffs, all of the	318
following:	319

(1) An application form that is to be used under section	320
2923.125 of the Revised Code by a person who applies for a license	321
to carry a concealed handgun license and an application form that	322
is to be used under section 2923.125 of the Revised Code by a	323
person who applies for the renewal of a license of that nature,	324
both of which shall conform substantially to the forms prescribed	325
in section 2923.1210 of the Revised Code;	326

(2) A form for the license to carry a concealed handgun	327
license that is to be issued by sheriffs to persons who qualify	328
for a license to carry a concealed handgun license under section	329
2923.125 of the Revised Code and that conforms to the following	330
requirements:	331

(a) It has space for the licensee's full name, residence	332
address, and date of birth and for a color photograph of the	333
licensee.	334

(b) It has space for the date of issuance of the license, its	335
expiration date, its county of issuance, the name of the sheriff	336
who issues the license, and the unique combination of letters and	337
numbers that identify the county of issuance and the license given	338
to the licensee by the sheriff in accordance with division (A)(4)	339
of this section.	340

(c) It has space for the signature of the licensee and the	341
signature or a facsimile signature of the sheriff who issues the	342
license.	343

(d) It does not require the licensee to include serial	344
numbers of handguns, other identification related to handguns, or	345
similar data that is not pertinent or relevant to obtaining the	346
license and that could be used as a de facto means of registration	347
of handguns owned by the licensee.	348

(3) A series of three-letter county codes that identify each	349
county in this state;	350

(4) A procedure by which a sheriff shall give each concealed	351
handgun license, replacement concealed handgun license, or renewal	352
concealed handgun license to carry a concealed handgun and each	353
temporary emergencyconcealed handgun license on a temporary	354
emergency basis or replacement temporary emergency license to	355
carry a concealed handgunon a temporary emergency basis the	356
sheriff issues under section 2923.125 or 2923.1213 of the Revised	357
Code a unique combination of letters and numbers that identifies	358
the county in which the license or temporary emergency license was	359
issued and that uses the county code and a unique number for each	360
license and each temporary emergency license the sheriff of that	361
county issues;	362

(5) A form for the temporary emergency license to carry a	363
concealed handgun license on a temporary emergency basis that is	364
to be issued by sheriffs to persons who qualify for such a	365
temporary emergency license under section 2923.1213 of the Revised	366
Code, which form shall conform to all the requirements set forth	367
in divisions (A)(2)(a) to (d) of this section and shall	368
additionally conspicuously specify that the license is issued on a	369
temporary emergency licensebasis and the date of its issuance.	370

(B)(1) The Ohio peace officer training commission, in	371
consultation with the attorney general, shall prepare a pamphlet	372
that does all of the following, in everyday language:	373

(a) Explains the firearms laws of this state;

374

(b) Instructs the reader in dispute resolution and explains	375
the laws of this state related to that matter;	376

(c) Provides information to the reader regarding all aspects	377
of the use of deadly force with a firearm, including, but not	378
limited to, the steps that should be taken before contemplating	379
the use of, or using, deadly force with a firearm, possible	380
alternatives to using deadly force with a firearm, and the law	381
governing the use of deadly force with a firearm.	382

(2) The attorney general shall consult with and assist the	383
commission in the preparation of the pamphlet described in	384
division (B)(1) of this section and, as necessary, shall recommend	385
to the commission changes in the pamphlet to reflect changes in	386
the law that are relevant to it. The attorney general shall	387
publish the pamphlet on the web site of the attorney general and	388
shall provide the address of the web site to any person who	389
requests the pamphlet.	390

(C) The Ohio peace officer training commission shall maintain	391
statistics with respect to the issuance, renewal, suspension,	392
revocation, and denial of licenses to carry a concealed handgun	393
licenses under section 2923.125 of the Revised Code and the	394
suspension of processing of applications for those licenses, and	395
with respect to the issuance, suspension, revocation, and denial	396
of temporary emergency licenses to carry a concealed handgun	397
licenses on a temporary emergency basis under section 2923.1213 of	398
the Revised Code, as reported by the sheriffs pursuant to division	399
(C) of section 2923.129 of the Revised Code. Not later than the	400
first day of March in each year, the commission shall submit a	401
statistical report to the governor, the president of the senate,	402
and the speaker of the house of representatives indicating the	403
number of licenses to carry a concealed handgun licenses that were	404
issued, renewed, suspended, revoked, and denied under section	405
2923.125 of the Revised Code in the previous calendar year, the	406
number of applications for those licenses for which processing was	407
suspended in accordance with division (D)(3) of that section	408
2923.125 of the Revised Code in the previous calendar year, and	409
the number of temporary emergency licenses to carry a concealed	410
handgun licenses on a temporary emergency basis that were issued,	411
suspended, revoked, or denied under section 2923.1213 of the	412
Revised Code in the previous calendar year. Nothing in the	413
statistics or the statistical report shall identify, or enable the	414
identification of, any individual who was issued or denied a	415
license, for whom a license was renewed, whose license was	416
suspended or revoked, or for whom application processing was	417
suspended. The statistics and the statistical report are public	418
records for the purpose of section 149.43 of the Revised Code.	419

(D) As used in this section, "concealed handgun license" and	420
"handgun" hashave the same meaningmeanings as in section	421
2923.11 of the Revised Code.	422

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

423

(1) Acquire, by gift, grant, or purchase, and hold and	424
mortgage, real estate and interests therein and personal property	425
suitable for its purposes, provided that no land used by the	426
authority pursuant to section 152.05 of the Revised Code shall be	427
mortgaged by the authority;	428

(2) Purchase, construct, reconstruct, equip, furnish,	429
improve, alter, enlarge, maintain, repair, and operate buildings,	430
facilities, and other properties for the purposes set forth in	431
section 152.04 of the Revised Code. The authority shall construct,	432
operate, and maintain its buildings, facilities, and other	433
properties in a healthy, safe, and sanitary manner.	434

(3) Issue revenue bonds to secure funds to accomplish its	435
purposes, the principal of and interest on and all other payments	436
required to be made by the trust agreement or indenture securing	437
such bonds to be paid solely from revenues accruing to the	438
authority through the operation of its buildings, facilities, and	439
other properties;	440

(4) Enter into contracts and execute all instruments	441
necessary in the conduct of its business;	442

(5) Fix, alter, and charge rentals and other charges for the	443
use and occupancy of its buildings, facilities, and other	444
properties and enter into leases with the persons specified in	445
section 152.04 of the Revised Code;	446

(6) Employ financial consultants, appraisers, consulting	447
engineers, architects, superintendents, managers, construction and	448
accounting experts, attorneys-at-law, and other employees and	449
agents as are necessary, in its judgment, and fix their	450
compensation;	451

(7) Provide for the persons occupying its buildings,	452
facilities, and other properties, health clinics, medical	453
services, food services, and such other services as such persons	454
cannot provide for themselves; and, if the authority determines	455
that it is more advantageous, it may enter into contracts with	456
persons, firms, or corporations or with any governmental agency,	457
board, commission, or department to provide any of such clinics or	458
services;	459

(8) Pledge, hypothecate, or otherwise encumber such of its	460
rentals or other charges as may be agreed as security for its	461
obligations, and enter into trust agreements or indentures for the	462
benefit of its bondholders;	463

(9) Borrow money or accept advances, loans, gifts, grants,	464
devises, or bequests from, and enter into contracts or agreements	465
with, any federal agency or other governmental or private source,	466
and hold and apply advances, loans, gifts, grants, devises, or	467
bequests according to the terms thereof. Such advances, loans,	468
gifts, grants, or devises of real estate may be in fee simple or	469
of any lesser estate and may be subject to any reasonable	470
reservations. Any advances or loans received from any federal or	471
other governmental or private source may be repaid in accordance	472
with the terms of such advance or loan.	473

(10) Conduct investigations into housing and living	474
conditions in order to be able to purchase, construct, or	475
reconstruct suitable buildings and facilities to fulfill its	476
purpose, and determine the best locations within the state for its	477
buildings, facilities, and other properties;	478

(11) Enter into lawful arrangements with the appropriate	479
federal or state department or agency, county, township, municipal	480
government, or other political subdivision, or public agency for	481
the planning and installation of streets, roads, alleys, public	482
parks and recreation areas, public utility facilities, and other	483
necessary appurtenances to its projects;	484

(12) Purchase fire, extended coverage, and liability	485
insurance for its property, and insurance covering the authority	486
and its officers and employees for liability for damage or injury	487
to persons or property;	488

(13) Sell, lease, release, or otherwise dispose of property	489
owned by the authority and not needed for the purposes of the	490
authority and grant such easements across the property of the	491
authority as will not interfere with its use of its property;	492

(14) Establish rules and regulations for the use and	493
operation of its buildings, facilities, and other properties;	494

(15) Do all other acts necessary to the fulfillment of its	495
purposes.	496

(B) Any instrument by which real property is acquired	497
pursuant to this section shall identify the agency of the state	498
that has the use and benefit of the real property as specified in	499
section 5301.012 of the Revised Code.	500

(C) Any person may possess a firearm in a motor vehicle in	501
the parking garage at the Riffe center for government and the arts	502
in Columbus, if the person's possession of the firearm in the	503
motor vehicle is not in violation of section 2923.16 of the	504
Revised Code or any other provision of the Revised Code. Any	505
person may store or leave a firearm in a locked motor vehicle that	506
is parked in the parking garage at the Riffe center for government	507
and the arts in Columbus, if the person's transportation and	508
possession of the firearm in the motor vehicle while traveling to	509
the garage was not in violation of section 2923.16 of the Revised	510
Code or any other provision of the Revised Code.	511

Sec. 311.41. (A)(1) Upon receipt of an application for a	512
license to carry a concealed handgun license under division (C) of	513
section 2923.125 of the Revised Code, an application to renew a	514
license to carry a concealed handgun license under division (F) of	515
that section, or an application for a temporary emergency license	516
to carry a concealed handgun license on a temporary emergency	517
basis under section 2923.1213 of the Revised Code, the sheriff	518
shall conduct a criminal records check and an incompetency check	519
of the applicant to determine whether the applicant fails to meet	520
the criteria described in division (D)(1) of section 2923.125 of	521
the Revised Code. The sheriff shall conduct the criminal records	522
check and the incompetency records check required by this division	523
through use of an electronic fingerprint reading device or, if the	524
sheriff does not possess and does not have ready access to the use	525
of an electronic fingerprint reading device, by requesting the	526
bureau of criminal identification and investigation to conduct the	527
checks as described in this division.	528

In order to conduct the criminal records check and the	529
incompetency records check, the sheriff shall obtain the	530
fingerprints of at least four fingers of the applicant by using an	531
electronic fingerprint reading device for the purpose of	532
conducting the criminal records check and the incompetency records	533
check or, if the sheriff does not possess and does not have ready	534
access to the use of an electronic fingerprint reading device,	535
shall obtain from the applicant a completed standard fingerprint	536
impression sheet prescribed pursuant to division (C)(2) of section	537
109.572 of the Revised Code. The fingerprints so obtained, along	538
with the applicant's social security number, shall be used to	539
conduct the criminal records check and the incompetency records	540
check. If the sheriff does not use an electronic fingerprint	541
reading device to obtain the fingerprints and conduct the records	542
checks, the sheriff shall submit the completed standard	543
fingerprint impression sheet of the applicant, along with the	544
applicant's social security number, to the superintendent of the	545
bureau of criminal identification and investigation and shall	546
request the bureau to conduct the criminal records check and the	547
incompetency records check of the applicant and, if necessary,	548
shall request the superintendent of the bureau to obtain	549
information from the federal bureau of investigation as part of	550
the criminal records check for the applicant. If it is not	551
possible to use an electronic fingerprint reading device to	552
conduct an incompetency records check, the sheriff shall submit	553
the completed standard fingerprint impression sheet of the	554
applicant, along with the applicant's social security number, to	555
the superintendent of the bureau of criminal identification and	556
investigation and shall request the bureau to conduct the	557
incompetency records check. The sheriff shall not retain the	558
applicant's fingerprints as part of the application.	559

(2) Except as otherwise provided in this division, if at any	560
time the applicant decides not to continue with the application	561
process, the sheriff immediately shall cease any investigation	562
that is being conducted under division (A)(1) of this section. The	563
sheriff shall not cease that investigation if, at the time of the	564
applicant's decision not to continue with the application process,	565
the sheriff had determined from any of the sheriff's	566
investigations that the applicant then was engaged in activity of	567
a criminal nature.	568

(B) If a criminal records check and an incompetency records	569
check conducted under division (A) of this section do not indicate	570
that the applicant fails to meet the criteria described in	571
division (D)(1) of section 2923.125 of the Revised Code, except as	572
otherwise provided in this division, the sheriff shall destroy or	573
cause a designated employee to destroy all records other than the	574
application for a license to carry a concealed handgun license,	575
the application to renew a license to carry a concealed handgun	576
license, or the affidavit submitted regarding an application for a	577
temporary emergency license to carry a concealed handgun license	578
on a temporary emergency basis that were made in connection with	579
the criminal records check and incompetency records check within	580
twenty days after conducting the criminal records check and	581
incompetency records check. If an applicant appeals a denial of an	582
application as described in division (D)(2) of section 2923.125 of	583
the Revised Code or challenges the results of a criminal records	584
check pursuant to section 2923.127 of the Revised Code, records of	585
fingerprints of the applicant shall not be destroyed during the	586
pendency of the appeal or the challenge and review. When an	587
applicant appeals a denial as described in that division, the	588
twenty-day period described in this division commences regarding	589
the fingerprints upon the determination of the appeal. When	590
required as a result of a challenge and review performed pursuant	591
to section 2923.127 of the Revised Code, the source the sheriff	592
used in conducting the criminal records check shall destroy or the	593
chief operating officer of the source shall cause an employee of	594
the source designated by the chief to destroy all records other	595
than the application for a license to carry a concealed handgun	596
license, the application to renew a license to carry a concealed	597
handgun license, or the affidavit submitted regarding an	598
application for a temporary emergency license to carry a concealed	599
handgun license on a temporary emergency basis that were made in	600
connection with the criminal records check within twenty days	601
after completion of that challenge and review.	602

(C) If division (B) of this section applies to a particular	603
criminal records check or incompetency records check, no sheriff,	604
employee of a sheriff designated by the sheriff to destroy records	605
under that division, source the sheriff used in conducting the	606
criminal records check or incompetency records check, or employee	607
of the source designated by the chief operating officer of the	608
source to destroy records under that division shall fail to	609
destroy or cause to be destroyed within the applicable twenty-day	610
period specified in that division all records other than the	611
application for a license to carry a concealed handgun license,	612
the application to renew a license to carry a concealed handgun	613
license, or the affidavit submitted regarding an application for a	614
temporary emergency license to carry a concealed handgun license	615
on a temporary emergency basis made in connection with the	616
particular criminal records check or incompetency records check.	617

(D) Whoever violates division (C) of this section is guilty	618
of failure to destroy records, a misdemeanor of the second degree.	619

(E) As used in this section, "concealed handgun license" and	620
"handgun" hashave the same meaningmeanings as in section 2923.11	621
of the Revised Code.	622

Sec. 311.42.  (A) Each county shall establish in the county	623
treasury a sheriff's concealed handgun license issuance expense	624
fund. The sheriff of that county shall deposit into that fund all	625
fees paid by applicants for the issuance or renewal of a concealed	626
handgun license or duplicate concealed handgun license to carry a	627
concealed handgun under section 2923.125 of the Revised Code and	628
all fees paid by the person seeking a temporary emergency license	629
to carry a concealed handgun license on a temporary emergency	630
basis under section 2923.1213 of the Revised Code. The county	631
shall distribute all fees deposited into the fund except forty	632
dollars of each fee paid by an applicant under division (B) of	633
section 2923.125 of the Revised Code, fifteen dollars of each fee	634
paid under section 2923.1213 of the Revised Code, and thirty-five	635
dollars of each fee paid under division (F) of section 2923.125 of	636
the Revised Code to the attorney general to be used to pay the	637
cost of background checks performed by the bureau of criminal	638
identification and investigation and the federal bureau of	639
investigation and to cover administrative costs associated with	640
issuing the license.	641

(B) The sheriff, with the approval of the board of county	642
commissioners, may expend any county portion of the fees deposited	643
into the sheriff's concealed handgun license issuance expense fund	644
for any costs incurred by the sheriff in connection with	645
performing any administrative functions related to the issuance of	646
licenses or temporary emergency licenses to carry a concealed	647
handgun licenses under section 2923.125 or 2923.1213 of the	648
Revised Code, including, but not limited to, personnel expenses	649
and the costs of any handgun safety education program that the	650
sheriff chooses to fund. Additionally, the sheriff, with the	651
approval of the board of county commissioners, may expend any	652
county portion of the fees deposited into the sheriff's concealed	653
handgun license issuance expense fund for costs of ammunition used	654
in a course, class, or program administered by the sheriff for a	655
concealed handgun license.	656

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

657

(1) "Firearm," and"concealed handgun license," "handgun,"	658
and "valid concealed handgun license" have the same meanings as in	659
section 2923.11 of the Revised Code.	660

(2) "Unloaded" has the same meaningmeanings as in divisions	661
(K)(5) and (6) of section 2923.16 of the Revised Code, except that	662
all references in the definition in division (K)(5) of that	663
section to "vehicle" shall be construed for purposes of this	664
section to be references to "vessel."	665

(B) No person shall knowingly discharge a firearm while in or	666
on a vessel.	667

(C) No person shall knowingly transport or have a loaded	668
firearm in a vessel in a manner that the firearm is accessible to	669
the operator or any passenger.	670

(D) No person shall knowingly transport or have a firearm in	671
a vessel unless it is unloaded and is carried in one of the	672
following ways:	673

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

674

(2) In plain sight with the action opened or the weapon	675
stripped, or, if the firearm is of a type on which the action will	676
not stay open or that cannot easily be stripped, in plain sight.	677

(E)(1) The affirmative defenses authorized in divisions	678
(D)(1) and (2) of section 2923.12 of the Revised Code are	679
affirmative defenses to a charge under division (C) or (D) of this	680
section that involves a firearm other than a handgun. It is an	681
affirmative defense to a charge under division (C) or (D) of this	682
section of transporting or having a firearm of any type, including	683
a handgun, in a vessel that the actor transported or had the	684
firearm in the vessel for any lawful purpose and while the vessel	685
was on the actor's own property, provided that this affirmative	686
defense is not available unless the actor, prior to arriving at	687
the vessel on the actor's own property, did not transport or	688
possess the firearm in the vessel or in a motor vehicle in a	689
manner prohibited by this section or division (B) or (C) of	690
section 2923.16 of the Revised Code while the vessel was being	691
operated on a waterway that was not on the actor's own property or	692
while the motor vehicle was being operated on a street, highway,	693
or other public or private property used by the public for	694
vehicular traffic.	695

(2) No person who is charged with a violation of division (C)	696
or (D) of this section shall be required to obtain a license or	697
temporary emergency license to carry a concealed handgun under	698
section 2923.125 or 2923.1213 of the Revised Code as a condition	699
for the dismissal of the charge.	700

(F) Divisions (B), (C), and (D) of this section do not apply	701
to the possession or discharge of a United States coast guard	702
approved signaling device required to be carried aboard a vessel	703
under section 1547.251 of the Revised Code when the signaling	704
device is possessed or used for the purpose of giving a visual	705
distress signal. No person shall knowingly transport or possess	706
any signaling device of that nature in or on a vessel in a loaded	707
condition at any time other than immediately prior to the	708
discharge of the signaling device for the purpose of giving a	709
visual distress signal.	710

(G) No person shall operate or permit to be operated any	711
vessel on the waters in this state in violation of this section.	712

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

713

(a) An officer, agent, or employee of this or any other state	714
or of the United States, or to a law enforcement officer, when	715
authorized to carry or have loaded or accessible firearms in a	716
vessel and acting within the scope of the officer's, agent's, or	717
employee's duties;	718

(b) Any person who is employed in this state, who is	719
authorized to carry or have loaded or accessible firearms in a	720
vessel, and who is subject to and in compliance with the	721
requirements of section 109.801 of the Revised Code, unless the	722
appointing authority of the person has expressly specified that	723
the exemption provided in division (H)(1)(b) of this section does	724
not apply to the person;	725

(c) Any person legally engaged in hunting.

726

(2) Divisions (C) and (D) of this section do not apply to a	727
person who transports or possesses a handgun in a vessel and who,	728
at the time of that transportation or possession, is carrying a	729
valid license or temporary emergency license to carry a concealed	730
handgun issued to the person under section 2923.125 or 2923.1213	731
of the Revised Code or a license to carry a concealed handgun that	732
was issued by another state with which the attorney general has	733
entered into a reciprocity agreement under section 109.69 of the	734
Revised Codelicense, unless the person knowingly is in a place on	735
the vessel described in division (B) of section 2923.126 of the	736
Revised Code.	737

(I) If a law enforcement officer stops a vessel for a	738
violation of this section or any other law enforcement purpose, if	739
any person on the vessel surrenders a firearm to the officer,	740
either voluntarily or pursuant to a request or demand of the	741
officer, and if the officer does not charge the person with a	742
violation of this section or arrest the person for any offense,	743
the person is not otherwise prohibited by law from possessing the	744
firearm, and the firearm is not contraband, the officer shall	745
return the firearm to the person at the termination of the stop.	746

(J) Division (L) of section 2923.16 of the Revised Code	747
applies with respect to division (A)(2) of this section, except	748
that all references in division (L) of section 2923.16 of the	749
Revised Code to "vehicle," to "this chapter," or to "division	750
(K)(5)(a) or (b) of this section" shall be construed for purposes	751
of this section to be, respectively, references to "vessel," to	752
"section 1547.69 of the Revised Code," and to divisions (K)(5)(a)	753
and (b) of section 2923.16 of the Revised Code as incorporated	754
under the definition of firearm adopted under division (A)(2) of	755
this section.	756

Sec. 2921.13.  (A) No person shall knowingly make a false	757
statement, or knowingly swear or affirm the truth of a false	758
statement previously made, when any of the following applies:	759

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

760

(2) The statement is made with purpose to incriminate	761
another.	762

(3) The statement is made with purpose to mislead a public	763
official in performing the public official's official function.	764

(4) The statement is made with purpose to secure the payment	765
of unemployment compensation; Ohio works first; prevention,	766
retention, and contingency benefits and services; disability	767
financial assistance; retirement benefits; economic development	768
assistance, as defined in section 9.66 of the Revised Code; or	769
other benefits administered by a governmental agency or paid out	770
of a public treasury.	771

(5) The statement is made with purpose to secure the issuance	772
by a governmental agency of a license, permit, authorization,	773
certificate, registration, release, or provider agreement.	774

(6) The statement is sworn or affirmed before a notary public	775
or another person empowered to administer oaths.	776

(7) The statement is in writing on or in connection with a	777
report or return that is required or authorized by law.	778

(8) The statement is in writing and is made with purpose to	779
induce another to extend credit to or employ the offender, to	780
confer any degree, diploma, certificate of attainment, award of	781
excellence, or honor on the offender, or to extend to or bestow	782
upon the offender any other valuable benefit or distinction, when	783
the person to whom the statement is directed relies upon it to	784
that person's detriment.	785

(9) The statement is made with purpose to commit or	786
facilitate the commission of a theft offense.	787

(10) The statement is knowingly made to a probate court in	788
connection with any action, proceeding, or other matter within its	789
jurisdiction, either orally or in a written document, including,	790
but not limited to, an application, petition, complaint, or other	791
pleading, or an inventory, account, or report.	792

(11) The statement is made on an account, form, record,	793
stamp, label, or other writing that is required by law.	794

(12) The statement is made in connection with the purchase of	795
a firearm, as defined in section 2923.11 of the Revised Code, and	796
in conjunction with the furnishing to the seller of the firearm of	797
a fictitious or altered driver's or commercial driver's license or	798
permit, a fictitious or altered identification card, or any other	799
document that contains false information about the purchaser's	800
identity.	801

(13) The statement is made in a document or instrument of	802
writing that purports to be a judgment, lien, or claim of	803
indebtedness and is filed or recorded with the secretary of state,	804
a county recorder, or the clerk of a court of record.	805

(14) The statement is made in an application filed with a	806
county sheriff pursuant to section 2923.125 of the Revised Code in	807
order to obtain or renew a license to carry a concealed handgun	808
license or is made in an affidavit submitted to a county sheriff	809
to obtain a temporary emergency license to carry a concealed	810
handgun license on a temporary emergency basis under section	811
2923.1213 of the Revised Code.	812

(15) The statement is required under section 5743.71 of the	813
Revised Code in connection with the person's purchase of	814
cigarettes or tobacco products in a delivery sale.	815

(B) No person, in connection with the purchase of a firearm,	816
as defined in section 2923.11 of the Revised Code, shall knowingly	817
furnish to the seller of the firearm a fictitious or altered	818
driver's or commercial driver's license or permit, a fictitious or	819
altered identification card, or any other document that contains	820
false information about the purchaser's identity.	821

(C) No person, in an attempt to obtain a license to carry a	822
concealed handgun license under section 2923.125 of the Revised	823
Code, shall knowingly present to a sheriff a fictitious or altered	824
document that purports to be certification of the person's	825
competence in handling a handgun as described in division (B)(3)	826
of that section 2923.125 of the Revised Code.	827

(D) It is no defense to a charge under division (A)(6) of	828
this section that the oath or affirmation was administered or	829
taken in an irregular manner.	830

(E) If contradictory statements relating to the same fact are	831
made by the offender within the period of the statute of	832
limitations for falsification, it is not necessary for the	833
prosecution to prove which statement was false but only that one	834
or the other was false.	835

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	836
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	837
of falsification, a misdemeanor of the first degree.	838

(2) Whoever violates division (A)(9) of this section is	839
guilty of falsification in a theft offense. Except as otherwise	840
provided in this division, falsification in a theft offense is a	841
misdemeanor of the first degree. If the value of the property or	842
services stolen is one thousand dollars or more and is less than	843
seven thousand five hundred dollars, falsification in a theft	844
offense is a felony of the fifth degree. If the value of the	845
property or services stolen is seven thousand five hundred dollars	846
or more and is less than one hundred fifty thousand dollars,	847
falsification in a theft offense is a felony of the fourth degree.	848
If the value of the property or services stolen is one hundred	849
fifty thousand dollars or more, falsification in a theft offense	850
is a felony of the third degree.	851

(3) Whoever violates division (A)(12) or (B) of this section	852
is guilty of falsification to purchase a firearm, a felony of the	853
fifth degree.	854

(4) Whoever violates division (A)(14) or (C) of this section	855
is guilty of falsification to obtain a concealed handgun license,	856
a felony of the fourth degree.	857

(G) A person who violates this section is liable in a civil	858
action to any person harmed by the violation for injury, death, or	859
loss to person or property incurred as a result of the commission	860
of the offense and for reasonable attorney's fees, court costs,	861
and other expenses incurred as a result of prosecuting the civil	862
action commenced under this division. A civil action under this	863
division is not the exclusive remedy of a person who incurs	864
injury, death, or loss to person or property as a result of a	865
violation of this section.	866

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	867
Revised Code:	868

(A) "Deadly weapon" means any instrument, device, or thing	869
capable of inflicting death, and designed or specially adapted for	870
use as a weapon, or possessed, carried, or used as a weapon.	871

(B)(1) "Firearm" means any deadly weapon capable of expelling	872
or propelling one or more projectiles by the action of an	873
explosive or combustible propellant. "Firearm" includes an	874
unloaded firearm, and any firearm that is inoperable but that can	875
readily be rendered operable.	876

(2) When determining whether a firearm is capable of	877
expelling or propelling one or more projectiles by the action of	878
an explosive or combustible propellant, the trier of fact may rely	879
upon circumstantial evidence, including, but not limited to, the	880
representations and actions of the individual exercising control	881
over the firearm.	882

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

883

(1) Any firearm that has a short stock and is designed to be	884
held and fired by the use of a single hand;	885

(2) Any combination of parts from which a firearm of a type	886
described in division (C)(1) of this section can be assembled.	887

(D) "Semi-automatic firearm" means any firearm designed or	888
specially adapted to fire a single cartridge and automatically	889
chamber a succeeding cartridge ready to fire, with a single	890
function of the trigger.	891

(E) "Automatic firearm" means any firearm designed or	892
specially adapted to fire a succession of cartridges with a single	893
function of the trigger. "Automatic firearm" also means any	894
semi-automatic firearm designed or specially adapted to fire more	895
than thirty-one cartridges without reloading, other than a firearm	896
chambering only .22 caliber short, long, or long-rifle cartridges.	897

(F) "Sawed-off firearm" means a shotgun with a barrel less	898
than eighteen inches long, or a rifle with a barrel less than	899
sixteen inches long, or a shotgun or rifle less than twenty-six	900
inches long overall.	901

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

902

(1) Any firearm of crude and extemporized manufacture;

903

(2) Any device, including without limitation a starter's	904
pistol, that is not designed as a firearm, but that is specially	905
adapted for use as a firearm;	906

(3) Any industrial tool, signalling device, or safety device,	907
that is not designed as a firearm, but that as designed is capable	908
of use as such, when possessed, carried, or used as a firearm.	909

(H) "Explosive device" means any device designed or specially	910
adapted to cause physical harm to persons or property by means of	911
an explosion, and consisting of an explosive substance or agency	912
and a means to detonate it. "Explosive device" includes without	913
limitation any bomb, any explosive demolition device, any blasting	914
cap or detonator containing an explosive charge, and any pressure	915
vessel that has been knowingly tampered with or arranged so as to	916
explode.	917

(I) "Incendiary device" means any firebomb, and any device	918
designed or specially adapted to cause physical harm to persons or	919
property by means of fire, and consisting of an incendiary	920
substance or agency and a means to ignite it.	921

(J) "Ballistic knife" means a knife with a detachable blade	922
that is propelled by a spring-operated mechanism.	923

(K) "Dangerous ordnance" means any of the following, except	924
as provided in division (L) of this section:	925

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	926
knife;	927

(2) Any explosive device or incendiary device;

928

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	929
cyclonite, TNT, picric acid, and other high explosives; amatol,	930
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	931
explosive compositions; plastic explosives; dynamite, blasting	932
gelatin, gelatin dynamite, sensitized ammonium nitrate,	933
liquid-oxygen blasting explosives, blasting powder, and other	934
blasting agents; and any other explosive substance having	935
sufficient brisance or power to be particularly suitable for use	936
as a military explosive, or for use in mining, quarrying,	937
excavating, or demolitions;	938

(4) Any firearm, rocket launcher, mortar, artillery piece,	939
grenade, mine, bomb, torpedo, or similar weapon, designed and	940
manufactured for military purposes, and the ammunition for that	941
weapon;	942

(5) Any firearm muffler or silencer;

943

(6) Any combination of parts that is intended by the owner	944
for use in converting any firearm or other device into a dangerous	945
ordnance.	946

(L) "Dangerous ordnance" does not include any of the	947
following:	948

(1) Any firearm, including a military weapon and the	949
ammunition for that weapon, and regardless of its actual age, that	950
employs a percussion cap or other obsolete ignition system, or	951
that is designed and safe for use only with black powder;	952

(2) Any pistol, rifle, or shotgun, designed or suitable for	953
sporting purposes, including a military weapon as issued or as	954
modified, and the ammunition for that weapon, unless the firearm	955
is an automatic or sawed-off firearm;	956

(3) Any cannon or other artillery piece that, regardless of	957
its actual age, is of a type in accepted use prior to 1887, has no	958
mechanical, hydraulic, pneumatic, or other system for absorbing	959
recoil and returning the tube into battery without displacing the	960
carriage, and is designed and safe for use only with black powder;	961

(4) Black powder, priming quills, and percussion caps	962
possessed and lawfully used to fire a cannon of a type defined in	963
division (L)(3) of this section during displays, celebrations,	964
organized matches or shoots, and target practice, and smokeless	965
and black powder, primers, and percussion caps possessed and	966
lawfully used as a propellant or ignition device in small-arms or	967
small-arms ammunition;	968

(5) Dangerous ordnance that is inoperable or inert and cannot	969
readily be rendered operable or activated, and that is kept as a	970
trophy, souvenir, curio, or museum piece.	971

(6) Any device that is expressly excepted from the definition	972
of a destructive device pursuant to the "Gun Control Act of 1968,"	973
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	974
issued under that act.	975

(M) "Explosive" means any chemical compound, mixture, or	976
device, the primary or common purpose of which is to function by	977
explosion. "Explosive" includes all materials that have been	978
classified as division 1.1, division 1.2, division 1.3, or	979
division 1.4 explosives by the United States department of	980
transportation in its regulations and includes, but is not limited	981
to, dynamite, black powder, pellet powders, initiating explosives,	982
blasting caps, electric blasting caps, safety fuses, fuse	983
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	984
igniter cords and igniters. "Explosive" does not include	985
"fireworks," as defined in section 3743.01 of the Revised Code, or	986
any substance or material otherwise meeting the definition of	987
explosive set forth in this section that is manufactured, sold,	988
possessed, transported, stored, or used in any activity described	989
in section 3743.80 of the Revised Code, provided the activity is	990
conducted in accordance with all applicable laws, rules, and	991
regulations, including, but not limited to, the provisions of	992
section 3743.80 of the Revised Code and the rules of the fire	993
marshal adopted pursuant to section 3737.82 of the Revised Code.	994

(N)(1) "Concealed handgun license" or "license to carry a	995
concealed handgun" means, subject to division (N)(2) of this	996
section, a license or temporary emergency license to carry a	997
concealed handgun issued under section 2923.125 or 2923.1213 of	998
the Revised Code or a license to carry a concealed handgun issued	999
by another state with which the attorney general has entered into	1000
a reciprocity agreement or automatic recognition finding under	1001
section 109.69 of the Revised Code.	1002

(2) A reference in any provision of the Revised Code to a	1003
concealed handgun license issued under section 2923.125 of the	1004
Revised Code or a license to carry a concealed handgun issued	1005
under section 2923.125 of the Revised Code means only a license of	1006
the type that is specified in that section. A reference in any	1007
provision of the Revised Code to a concealed handgun license	1008
issued under section 2923.1213 of the Revised Code, a license to	1009
carry a concealed handgun issued under section 2923.1213 of the	1010
Revised Code, or a license to carry a concealed handgun on a	1011
temporary emergency basis means only a license of the type that is	1012
specified in section 2923.1213 of the Revised Code. A reference in	1013
any provision of the Revised Code to a concealed handgun license	1014
issued by another state or a license to carry a concealed handgun	1015
issued by another state means only a license issued by another	1016
state with which the attorney general has entered into a	1017
reciprocity agreement or automatic recognition finding under	1018
section 109.69 of the Revised Code.	1019

(O) "Valid concealed handgun license" or "valid license to	1020
carry a concealed handgun" means a concealed handgun license that	1021
is currently valid, that is not under a suspension under division	1022
(A)(1) of section 2923.128 of the Revised Code, under section	1023
2923.1213 of the Revised Code, or under a suspension provision of	1024
the state other than this state in which the license was issued,	1025
and that has not been revoked under division (B)(1) of section	1026
2923.128 of the Revised Code, under section 2923.1213 of the	1027
Revised Code, or under a revocation provision of the state other	1028
than this state in which the license was issued.	1029

Sec. 2923.12.  (A) No person shall knowingly carry or have,	1030
concealed on the person's person or concealed ready at hand, any	1031
of the following:	1032

(1) A deadly weapon other than a handgun;

1033

(2) A handgun other than a dangerous ordnance;

1034

(3) A dangerous ordnance.

1035

(B) No person who has been issued a license or temporary	1036
emergency license to carry a concealed handgun under section	1037
2923.125 or 2923.1213 of the Revised Code or a license to carry a	1038
concealed handgun that was issued by another state with which the	1039
attorney general has entered into a reciprocity agreement under	1040
section 109.69 of the Revised Codelicense shall do any of the	1041
following:	1042

(1) If the person is stopped for a law enforcement purpose	1043
and is carrying a concealed handgun, fail to promptly inform any	1044
law enforcement officer who approaches the person after the person	1045
has been stopped that the person has been issued a license or	1046
temporary emergency license to carry a concealed handgun license	1047
and that the person then is carrying a concealed handgun;	1048

(2) If the person is stopped for a law enforcement purpose	1049
and if the person is carrying a concealed handgun, knowingly fail	1050
to keep the person's hands in plain sight at any time after any	1051
law enforcement officer begins approaching the person while	1052
stopped and before the law enforcement officer leaves, unless the	1053
failure is pursuant to and in accordance with directions given by	1054
a law enforcement officer;	1055

(3) If the person is stopped for a law enforcement purpose,	1056
if the person is carrying a concealed handgun, and if the person	1057
is approached by any law enforcement officer while stopped,	1058
knowingly remove or attempt to remove the loaded handgun from the	1059
holster, pocket, or other place in which the person is carrying	1060
it, knowingly grasp or hold the loaded handgun, or knowingly have	1061
contact with the loaded handgun by touching it with the person's	1062
hands or fingers at any time after the law enforcement officer	1063
begins approaching and before the law enforcement officer leaves,	1064
unless the person removes, attempts to remove, grasps, holds, or	1065
has contact with the loaded handgun pursuant to and in accordance	1066
with directions given by the law enforcement officer;	1067

(4) If the person is stopped for a law enforcement purpose	1068
and if the person is carrying a concealed handgun, knowingly	1069
disregard or fail to comply with any lawful order of any law	1070
enforcement officer given while the person is stopped, including,	1071
but not limited to, a specific order to the person to keep the	1072
person's hands in plain sight.	1073

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

1074

(a) An officer, agent, or employee of this or any other state	1075
or the United States, or to a law enforcement officer, who is	1076
authorized to carry concealed weapons or dangerous ordnance or is	1077
authorized to carry handguns and is acting within the scope of the	1078
officer's, agent's, or employee's duties;	1079

(b) Any person who is employed in this state, who is	1080
authorized to carry concealed weapons or dangerous ordnance or is	1081
authorized to carry handguns, and who is subject to and in	1082
compliance with the requirements of section 109.801 of the Revised	1083
Code, unless the appointing authority of the person has expressly	1084
specified that the exemption provided in division (C)(1)(b) of	1085
this section does not apply to the person;	1086

(c) A person's transportation or storage of a firearm, other	1087
than a firearm described in divisions (G) to (M) of section	1088
2923.11 of the Revised Code, in a motor vehicle for any lawful	1089
purpose if the firearm is not on the actor's person;	1090

(d) A person's storage or possession of a firearm, other than	1091
a firearm described in divisions (G) to (M) of section 2923.11 of	1092
the Revised Code, in the actor's own home for any lawful purpose.	1093

(2) Division (A)(2) of this section does not apply to any	1094
person who, at the time of the alleged carrying or possession of a	1095
handgun, is carrying a valid license or temporary emergency	1096
license to carry a concealed handgun issued to the person under	1097
section 2923.125 or 2923.1213 of the Revised Code or a license to	1098
carry a concealed handgun that was issued by another state with	1099
which the attorney general has entered into a reciprocity	1100
agreement under section 109.69 of the Revised Codelicense, unless	1101
the person knowingly is in a place described in division (B) of	1102
section 2923.126 of the Revised Code.	1103

(D) It is an affirmative defense to a charge under division	1104
(A)(1) of this section of carrying or having control of a weapon	1105
other than a handgun and other than a dangerous ordnance that the	1106
actor was not otherwise prohibited by law from having the weapon	1107
and that any of the following applies:	1108

(1) The weapon was carried or kept ready at hand by the actor	1109
for defensive purposes while the actor was engaged in or was going	1110
to or from the actor's lawful business or occupation, which	1111
business or occupation was of a character or was necessarily	1112
carried on in a manner or at a time or place as to render the	1113
actor particularly susceptible to criminal attack, such as would	1114
justify a prudent person in going armed.	1115

(2) The weapon was carried or kept ready at hand by the actor	1116
for defensive purposes while the actor was engaged in a lawful	1117
activity and had reasonable cause to fear a criminal attack upon	1118
the actor, a member of the actor's family, or the actor's home,	1119
such as would justify a prudent person in going armed.	1120

(3) The weapon was carried or kept ready at hand by the actor	1121
for any lawful purpose and while in the actor's own home.	1122

(E) No person who is charged with a violation of this section	1123
shall be required to obtain a license or temporary emergency	1124
license to carry a concealed handgun under section 2923.125 or	1125
2923.1213 of the Revised Codelicense as a condition for the	1126
dismissal of the charge.	1127

(F)(1) Whoever violates this section is guilty of carrying	1128
concealed weapons. Except as otherwise provided in this division	1129
or division (F)(2) of this section, carrying concealed weapons in	1130
violation of division (A) of this section is a misdemeanor of the	1131
first degree. Except as otherwise provided in this division or	1132
division (F)(2) of this section, if the offender previously has	1133
been convicted of a violation of this section or of any offense of	1134
violence, if the weapon involved is a firearm that is either	1135
loaded or for which the offender has ammunition ready at hand, or	1136
if the weapon involved is dangerous ordnance, carrying concealed	1137
weapons in violation of division (A) of this section is a felony	1138
of the fourth degree. Except as otherwise provided in division	1139
(F)(2) of this section, if the offense is committed aboard an	1140
aircraft, or with purpose to carry a concealed weapon aboard an	1141
aircraft, regardless of the weapon involved, carrying concealed	1142
weapons in violation of division (A) of this section is a felony	1143
of the third degree.	1144

(2) If a person being arrested for a violation of division	1145
(A)(2) of this section promptly produces a valid license or	1146
temporary emergency license to carry a concealed handgun issued	1147
under section 2923.125 or 2923.1213 of the Revised Code or a	1148
license to carry a concealed handgun that was issued by another	1149
state with which the attorney general has entered into a	1150
reciprocity agreement under section 109.69 of the Revised Code	1151
license, and if at the time of the violation the person was not	1152
knowingly in a place described in division (B) of section 2923.126	1153
of the Revised Code, the officer shall not arrest the person for a	1154
violation of that division. If the person is not able to promptly	1155
produce any of those types ofconcealed handgun license and if the	1156
person is not in a place described in that section, the officer	1157
may arrest the person for a violation of that division, and the	1158
offender shall be punished as follows:	1159

(a) The offender shall be guilty of a minor misdemeanor if	1160
both of the following apply:	1161

(i) Within ten days after the arrest, the offender presents a	1162
license or temporary emergency license to carry a concealed	1163
handgun issued under section 2923.125 or 2923.1213 of the Revised	1164
Code or a license to carry a concealed handgun that was issued by	1165
another state with which the attorney general has entered into a	1166
reciprocity agreement under section 109.69 of the Revised Code	1167
license, which license was valid at the time of the arrest to the	1168
law enforcement agency that employs the arresting officer.	1169

(ii) At the time of the arrest, the offender was not	1170
knowingly in a place described in division (B) of section 2923.126	1171
of the Revised Code.	1172

(b) The offender shall be guilty of a misdemeanor and shall	1173
be fined five hundred dollars if all of the following apply:	1174

(i) The offender previously had been issued a license to	1175
carry a concealed handgun under section 2923.125 of the Revised	1176
Code or a license to carry a concealed handgun that was issued by	1177
another state with which the attorney general has entered into a	1178
reciprocity agreement under section 109.69 of the Revised Code and	1179
that was similar in nature to a license issued under section	1180
2923.125 of the Revised Code, and that license expired within the	1181
two years immediately preceding the arrest.	1182

(ii) Within forty-five days after the arrest, the offender	1183
presents any type ofa concealed handgun license identified in	1184
division (F)(2)(a)(i) of this section to the law enforcement	1185
agency that employed the arresting officer, and the offender	1186
waives in writing the offender's right to a speedy trial on the	1187
charge of the violation that is provided in section 2945.71 of the	1188
Revised Code.	1189

(iii) At the time of the commission of the offense, the	1190
offender was not knowingly in a place described in division (B) of	1191
section 2923.126 of the Revised Code.	1192

(c) If neither division (F)(2)(a) nor (b) of this section	1193
applies, the offender shall be punished under division (F)(1) of	1194
this section.	1195

(3) Except as otherwise provided in this division, carrying	1196
concealed weapons in violation of division (B)(1) of this section	1197
is a misdemeanor of the first degree, and, in addition to any	1198
other penalty or sanction imposed for a violation of division	1199
(B)(1) of this section, the offender's license or temporary	1200
emergency license to carry a concealed handgun license shall be	1201
suspended pursuant to division (A)(2) of section 2923.128 of the	1202
Revised Code. If, at the time of the stop of the offender for a	1203
law enforcement purpose that was the basis of the violation, any	1204
law enforcement officer involved with the stop had actual	1205
knowledge that the offender has been issued a license or temporary	1206
emergency license to carry a concealed handgun license, carrying	1207
concealed weapons in violation of division (B)(1) of this section	1208
is a minor misdemeanor, and the offender's license or temporary	1209
emergency license to carry a concealed handgun license shall not	1210
be suspended pursuant to division (A)(2) of section 2923.128 of	1211
the Revised Code.	1212

(4) Carrying concealed weapons in violation of division	1213
(B)(2) or (4) of this section is a misdemeanor of the first degree	1214
or, if the offender previously has been convicted of or pleaded	1215
guilty to a violation of division (B)(2) or (4) of this section, a	1216
felony of the fifth degree. In addition to any other penalty or	1217
sanction imposed for a misdemeanor violation of division (B)(2) or	1218
(4) of this section, the offender's license or temporary emergency	1219
license to carry a concealed handgun license shall be suspended	1220
pursuant to division (A)(2) of section 2923.128 of the Revised	1221
Code.	1222

(5) Carrying concealed weapons in violation of division	1223
(B)(3) of this section is a felony of the fifth degree.	1224

(G) If a law enforcement officer stops a person to question	1225
the person regarding a possible violation of this section, for a	1226
traffic stop, or for any other law enforcement purpose, if the	1227
person surrenders a firearm to the officer, either voluntarily or	1228
pursuant to a request or demand of the officer, and if the officer	1229
does not charge the person with a violation of this section or	1230
arrest the person for any offense, the person is not otherwise	1231
prohibited by law from possessing the firearm, and the firearm is	1232
not contraband, the officer shall return the firearm to the person	1233
at the termination of the stop. If a court orders a law	1234
enforcement officer to return a firearm to a person pursuant to	1235
the requirement set forth in this division, division (B) of	1236
section 2923.163 of the Revised Code applies.	1237

Sec. 2923.121.  (A) No person shall possess a firearm in any	1238
room in which any person is consuming beer or intoxicating liquor	1239
in a premises for which a D permit has been issued under Chapter	1240
4303. of the Revised Code or in an open air arena for which a	1241
permit of that nature has been issued.	1242

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

1243

(a) An officer, agent, or employee of this or any other state	1244
or the United States, or to a law enforcement officer, who is	1245
authorized to carry firearms and is acting within the scope of the	1246
officer's, agent's, or employee's duties;	1247

(b) Any person who is employed in this state, who is	1248
authorized to carry firearms, and who is subject to and in	1249
compliance with the requirements of section 109.801 of the Revised	1250
Code, unless the appointing authority of the person has expressly	1251
specified that the exemption provided in division (B)(1)(b) of	1252
this section does not apply to the person;	1253

(c) Any room used for the accommodation of guests of a hotel,	1254
as defined in section 4301.01 of the Revised Code;	1255

(d) The principal holder of a D permit issued for a premises	1256
or an open air arena under Chapter 4303. of the Revised Code while	1257
in the premises or open air arena for which the permit was issued	1258
if the principal holder of the D permit also possesses a valid	1259
license or temporary emergency license to carry a concealed	1260
handgun issued to the principal holder under section 2923.125 or	1261
2923.1213 of the Revised Code or a license to carry a concealed	1262
handgun that was issued to the principal holder by another state	1263
with which the attorney general has entered into a reciprocity	1264
agreement under section 109.69 of the Revised Codelicense and as	1265
long as the principal holder is not consuming beer or intoxicating	1266
liquor or under the influence of alcohol or a drug of abuse, or	1267
any agent or employee of that holder who also is a peace officer,	1268
as defined in section 2151.3515 of the Revised Code, who is off	1269
duty, and who otherwise is authorized to carry firearms while in	1270
the course of the officer's official duties and while in the	1271
premises or open air arena for which the permit was issued and as	1272
long as the agent or employee of that holder is not consuming beer	1273
or intoxicating liquor or under the influence of alcohol or a drug	1274
of abuse.	1275

(e) Any person who is carrying a valid license or temporary	1276
emergency license to carry a concealed handgun issued to the	1277
person under section 2923.125 or 2923.1213 of the Revised Code or	1278
a license to carry a concealed handgun that was issued to the	1279
person by another state with which the attorney general has	1280
entered into a reciprocity agreement under section 109.69 of the	1281
Revised Codelicense, as long as the person is not consuming beer	1282
or intoxicating liquor or under the influence of alcohol or a drug	1283
of abuse.	1284

(2) This section does not prohibit any person who is a member	1285
of a veteran's organization, as defined in section 2915.01 of the	1286
Revised Code, from possessing a rifle in any room in any premises	1287
owned, leased, or otherwise under the control of the veteran's	1288
organization, if the rifle is not loaded with live ammunition and	1289
if the person otherwise is not prohibited by law from having the	1290
rifle.	1291

(3) This section does not apply to any person possessing or	1292
displaying firearms in any room used to exhibit unloaded firearms	1293
for sale or trade in a soldiers' memorial established pursuant to	1294
Chapter 345. of the Revised Code, in a convention center, or in	1295
any other public meeting place, if the person is an exhibitor,	1296
trader, purchaser, or seller of firearms and is not otherwise	1297
prohibited by law from possessing, trading, purchasing, or selling	1298
the firearms.	1299

(C) It is an affirmative defense to a charge under this	1300
section of illegal possession of a firearm in a liquor permit	1301
premises that involves the possession of a firearm other than a	1302
handgun, that the actor was not otherwise prohibited by law from	1303
having the firearm, and that any of the following apply:	1304

(1) The firearm was carried or kept ready at hand by the	1305
actor for defensive purposes, while the actor was engaged in or	1306
was going to or from the actor's lawful business or occupation,	1307
which business or occupation was of such character or was	1308
necessarily carried on in such manner or at such a time or place	1309
as to render the actor particularly susceptible to criminal	1310
attack, such as would justify a prudent person in going armed.	1311

(2) The firearm was carried or kept ready at hand by the	1312
actor for defensive purposes, while the actor was engaged in a	1313
lawful activity, and had reasonable cause to fear a criminal	1314
attack upon the actor or a member of the actor's family, or upon	1315
the actor's home, such as would justify a prudent person in going	1316
armed.	1317

(D) No person who is charged with a violation of this section	1318
shall be required to obtain a license or temporary emergency	1319
license to carry a concealed handgun under section 2923.125 or	1320
2923.1213 of the Revised Codelicense as a condition for the	1321
dismissal of the charge.	1322

(E) Whoever violates this section is guilty of illegal	1323
possession of a firearm in a liquor permit premises. Except as	1324
otherwise provided in this division, illegal possession of a	1325
firearm in a liquor permit premises is a felony of the fifth	1326
degree. If the offender commits the violation of this section by	1327
knowingly carrying or having the firearm concealed on the	1328
offender's person or concealed ready at hand, illegal possession	1329
of a firearm in a liquor permit premises is a felony of the third	1330
degree.	1331

(F) As used in this section, "beer" and "intoxicating liquor"	1332
have the same meanings as in section 4301.01 of the Revised Code.	1333

Sec. 2923.122.  (A) No person shall knowingly convey, or	1334
attempt to convey, a deadly weapon or dangerous ordnance into a	1335
school safety zone.	1336

(B) No person shall knowingly possess a deadly weapon or	1337
dangerous ordnance in a school safety zone.	1338

(C) No person shall knowingly possess an object in a school	1339
safety zone if both of the following apply:	1340

(1) The object is indistinguishable from a firearm, whether	1341
or not the object is capable of being fired.	1342

(2) The person indicates that the person possesses the object	1343
and that it is a firearm, or the person knowingly displays or	1344
brandishes the object and indicates that it is a firearm.	1345

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

1346

(a) An officer, agent, or employee of this or any other state	1347
or the United States, or a law enforcement officer, who is	1348
authorized to carry deadly weapons or dangerous ordnance and is	1349
acting within the scope of the officer's, agent's, or employee's	1350
duties, a security officer employed by a board of education or	1351
governing body of a school during the time that the security	1352
officer is on duty pursuant to that contract of employment, or any	1353
other person who has written authorization from the board of	1354
education or governing body of a school to convey deadly weapons	1355
or dangerous ordnance into a school safety zone or to possess a	1356
deadly weapon or dangerous ordnance in a school safety zone and	1357
who conveys or possesses the deadly weapon or dangerous ordnance	1358
in accordance with that authorization;	1359

(b) Any person who is employed in this state, who is	1360
authorized to carry deadly weapons or dangerous ordnance, and who	1361
is subject to and in compliance with the requirements of section	1362
109.801 of the Revised Code, unless the appointing authority of	1363
the person has expressly specified that the exemption provided in	1364
division (D)(1)(b) of this section does not apply to the person.	1365

(2) Division (C) of this section does not apply to premises	1366
upon which home schooling is conducted. Division (C) of this	1367
section also does not apply to a school administrator, teacher, or	1368
employee who possesses an object that is indistinguishable from a	1369
firearm for legitimate school purposes during the course of	1370
employment, a student who uses an object that is indistinguishable	1371
from a firearm under the direction of a school administrator,	1372
teacher, or employee, or any other person who with the express	1373
prior approval of a school administrator possesses an object that	1374
is indistinguishable from a firearm for a legitimate purpose,	1375
including the use of the object in a ceremonial activity, a play,	1376
reenactment, or other dramatic presentation, or a ROTC activity or	1377
another similar use of the object.	1378

(3) This section does not apply to a person who conveys or	1379
attempts to convey a handgun into, or possesses a handgun in, a	1380
school safety zone if, at the time of that conveyance, attempted	1381
conveyance, or possession of the handgun, all of the following	1382
apply:	1383

(a) The person does not enter into a school building or onto	1384
school premises and is not at a school activity.	1385

(b) The person is carrying a valid license or temporary	1386
emergency license to carry a concealed handgun issued to the	1387
person under section 2923.125 or 2923.1213 of the Revised Code or	1388
a license to carry a concealed handgun that was issued by another	1389
state with which the attorney general has entered into a	1390
reciprocity agreement under section 109.69 of the Revised Code	1391
license.	1392

(c) The person is in the school safety zone in accordance	1393
with 18 U.S.C. 922(q)(2)(B).	1394

(d) The person is not knowingly in a place described in	1395
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	1396
Revised Code.	1397

(4) This section does not apply to a person who conveys or	1398
attempts to convey a handgun into, or possesses a handgun in, a	1399
school safety zone if at the time of that conveyance, attempted	1400
conveyance, or possession of the handgun all of the following	1401
apply:	1402

(a) The person is carrying a valid license or temporary	1403
emergency license to carry a concealed handgun issued to the	1404
person under section 2923.125 or 2923.1213 of the Revised Code or	1405
a license to carry a concealed handgun that was issued by another	1406
state with which the attorney general has entered into a	1407
reciprocity agreement under section 109.69 of the Revised Code	1408
license.	1409

(b) The person is the driver or passenger in a motor vehicle	1410
and is in the school safety zone while immediately in the process	1411
of picking up or dropping off a child.	1412

(c) The person is not in violation of section 2923.16 of the	1413
Revised Code.	1414

(E)(1) Whoever violates division (A) or (B) of this section	1415
is guilty of illegal conveyance or possession of a deadly weapon	1416
or dangerous ordnance in a school safety zone. Except as otherwise	1417
provided in this division, illegal conveyance or possession of a	1418
deadly weapon or dangerous ordnance in a school safety zone is a	1419
felony of the fifth degree. If the offender previously has been	1420
convicted of a violation of this section, illegal conveyance or	1421
possession of a deadly weapon or dangerous ordnance in a school	1422
safety zone is a felony of the fourth degree.	1423

(2) Whoever violates division (C) of this section is guilty	1424
of illegal possession of an object indistinguishable from a	1425
firearm in a school safety zone. Except as otherwise provided in	1426
this division, illegal possession of an object indistinguishable	1427
from a firearm in a school safety zone is a misdemeanor of the	1428
first degree. If the offender previously has been convicted of a	1429
violation of this section, illegal possession of an object	1430
indistinguishable from a firearm in a school safety zone is a	1431
felony of the fifth degree.	1432

(F)(1) In addition to any other penalty imposed upon a person	1433
who is convicted of or pleads guilty to a violation of this	1434
section and subject to division (F)(2) of this section, if the	1435
offender has not attained nineteen years of age, regardless of	1436
whether the offender is attending or is enrolled in a school	1437
operated by a board of education or for which the state board of	1438
education prescribes minimum standards under section 3301.07 of	1439
the Revised Code, the court shall impose upon the offender a class	1440
four suspension of the offender's probationary driver's license,	1441
restricted license, driver's license, commercial driver's license,	1442
temporary instruction permit, or probationary commercial driver's	1443
license that then is in effect from the range specified in	1444
division (A)(4) of section 4510.02 of the Revised Code and shall	1445
deny the offender the issuance of any permit or license of that	1446
type during the period of the suspension.	1447

If the offender is not a resident of this state, the court	1448
shall impose a class four suspension of the nonresident operating	1449
privilege of the offender from the range specified in division	1450
(A)(4) of section 4510.02 of the Revised Code.	1451

(2) If the offender shows good cause why the court should not	1452
suspend one of the types of licenses, permits, or privileges	1453
specified in division (F)(1) of this section or deny the issuance	1454
of one of the temporary instruction permits specified in that	1455
division, the court in its discretion may choose not to impose the	1456
suspension, revocation, or denial required in that division.	1457

(G) As used in this section, "object that is	1458
indistinguishable from a firearm" means an object made,	1459
constructed, or altered so that, to a reasonable person without	1460
specialized training in firearms, the object appears to be a	1461
firearm.	1462

Sec. 2923.123.  (A) No person shall knowingly convey or	1463
attempt to convey a deadly weapon or dangerous ordnance into a	1464
courthouse or into another building or structure in which a	1465
courtroom is located.	1466

(B) No person shall knowingly possess or have under the	1467
person's control a deadly weapon or dangerous ordnance in a	1468
courthouse or in another building or structure in which a	1469
courtroom is located.	1470

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

1471

(1) Except as provided in division (E) of this section, a	1472
judge of a court of record of this state or a magistrate;	1473

(2) A peace officer, officer of a law enforcement agency, or	1474
person who is in either of the following categories:	1475

(a) Except as provided in division (E) of this section, a	1476
peace officer, or an officer of a law enforcement agency of	1477
another state, a political subdivision of another state, or the	1478
United States, who is authorized to carry a deadly weapon or	1479
dangerous ordnance, who possesses or has under that individual's	1480
control a deadly weapon or dangerous ordnance as a requirement of	1481
that individual's duties, and who is acting within the scope of	1482
that individual's duties at the time of that possession or	1483
control;	1484

(b) Except as provided in division (E) of this section, a	1485
person who is employed in this state, who is authorized to carry a	1486
deadly weapon or dangerous ordnance, who possesses or has under	1487
that individual's control a deadly weapon or dangerous ordnance as	1488
a requirement of that person's duties, and who is subject to and	1489
in compliance with the requirements of section 109.801 of the	1490
Revised Code, unless the appointing authority of the person has	1491
expressly specified that the exemption provided in division	1492
(C)(2)(b) of this section does not apply to the person.	1493

(3) A person who conveys, attempts to convey, possesses, or	1494
has under the person's control a deadly weapon or dangerous	1495
ordnance that is to be used as evidence in a pending criminal or	1496
civil action or proceeding;	1497

(4) Except as provided in division (E) of this section, a	1498
bailiff or deputy bailiff of a court of record of this state who	1499
is authorized to carry a firearm pursuant to section 109.77 of the	1500
Revised Code, who possesses or has under that individual's control	1501
a firearm as a requirement of that individual's duties, and who is	1502
acting within the scope of that individual's duties at the time of	1503
that possession or control;	1504

(5) Except as provided in division (E) of this section, a	1505
prosecutor, or a secret service officer appointed by a county	1506
prosecuting attorney, who is authorized to carry a deadly weapon	1507
or dangerous ordnance in the performance of the individual's	1508
duties, who possesses or has under that individual's control a	1509
deadly weapon or dangerous ordnance as a requirement of that	1510
individual's duties, and who is acting within the scope of that	1511
individual's duties at the time of that possession or control;	1512

(6) Except as provided in division (E) of this section, a	1513
person who conveys or attempts to convey a handgun into a	1514
courthouse or into another building or structure in which a	1515
courtroom is located, who, at the time of the conveyance or	1516
attempt, is carrying a valid license or temporary emergency	1517
license to carry a concealed handgun issued to the person under	1518
section 2923.125 or 2923.1213 of the Revised Code or a license to	1519
carry a concealed handgun that was issued by another state with	1520
which the attorney general has entered into a reciprocity	1521
agreement under section 109.69 of the Revised Codelicense, and	1522
who transfers possession of the handgun to the officer or	1523
officer's designee who has charge of the courthouse or building.	1524
The officer shall secure the handgun until the licensee is	1525
prepared to leave the premises. The exemption described in this	1526
division applies only if the officer who has charge of the	1527
courthouse or building provides services of the nature described	1528
in this division. An officer who has charge of the courthouse or	1529
building is not required to offer services of the nature described	1530
in this division.	1531

(D)(1) Whoever violates division (A) of this section is	1532
guilty of illegal conveyance of a deadly weapon or dangerous	1533
ordnance into a courthouse. Except as otherwise provided in this	1534
division, illegal conveyance of a deadly weapon or dangerous	1535
ordnance into a courthouse is a felony of the fifth degree. If the	1536
offender previously has been convicted of a violation of division	1537
(A) or (B) of this section, illegal conveyance of a deadly weapon	1538
or dangerous ordnance into a courthouse is a felony of the fourth	1539
degree.	1540

(2) Whoever violates division (B) of this section is guilty	1541
of illegal possession or control of a deadly weapon or dangerous	1542
ordnance in a courthouse. Except as otherwise provided in this	1543
division, illegal possession or control of a deadly weapon or	1544
dangerous ordnance in a courthouse is a felony of the fifth	1545
degree. If the offender previously has been convicted of a	1546
violation of division (A) or (B) of this section, illegal	1547
possession or control of a deadly weapon or dangerous ordnance in	1548
a courthouse is a felony of the fourth degree.	1549

(E) The exemptions described in divisions (C)(1), (2)(a),	1550
(2)(b), (4), (5), and (6) of this section do not apply to any	1551
judge, magistrate, peace officer, officer of a law enforcement	1552
agency, bailiff, deputy bailiff, prosecutor, secret service	1553
officer, or other person described in any of those divisions if a	1554
rule of superintendence or another type of rule adopted by the	1555
supreme court pursuant to Article IV, Ohio Constitution, or an	1556
applicable local rule of court prohibits all persons from	1557
conveying or attempting to convey a deadly weapon or dangerous	1558
ordnance into a courthouse or into another building or structure	1559
in which a courtroom is located or from possessing or having under	1560
one's control a deadly weapon or dangerous ordnance in a	1561
courthouse or in another building or structure in which a	1562
courtroom is located.	1563

(F) As used in this section:

1564

(1) "Magistrate" means an individual who is appointed by a	1565
court of record of this state and who has the powers and may	1566
perform the functions specified in Civil Rule 53, Criminal Rule	1567
19, or Juvenile Rule 40.	1568

(2) "Peace officer" and "prosecutor" have the same meanings	1569
as in section 2935.01 of the Revised Code.	1570

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	1571
the Revised Code:	1572

(A) "Application form" means the application form prescribed	1573
pursuant to division (A)(1) of section 109.731 of the Revised Code	1574
and includes a copy of that form.	1575

(B) "Competency certification" and "competency certificate"	1576
mean a document of the type described in division (B)(3) of	1577
section 2923.125 of the Revised Code.	1578

(C) "Detention facility" has the same meaning as in section	1579
2921.01 of the Revised Code.	1580

(D) "Licensee" means a person to whom a license to carry a	1581
concealed handgun license has been issued under section 2923.125	1582
of the Revised Code and, except when the context clearly indicates	1583
otherwise, includes a person to whom a temporary emergency license	1584
to carry a concealed handgun license on a temporary emergency	1585
basis has been issued under section 2923.1213 of the Revised Code	1586
and a person to whom a concealed handgun license has been issued	1587
by another state.	1588

(E) "License fee" or "license renewal fee" means the fee for	1589
a license to carry a concealed handgun license or the fee to renew	1590
that license that is prescribed pursuant to division (C) of	1591
section 109.731 of the Revised Code and that is to be paid by an	1592
applicant for a license of that type.	1593

(F) "Peace officer" has the same meaning as in section	1594
2935.01 of the Revised Code.	1595

(G) "State correctional institution" has the same meaning as	1596
in section 2967.01 of the Revised Code.	1597

(H) "Valid license" means a license or temporary emergency	1598
license to carry a concealed handgun that has been issued under	1599
section 2923.125 or 2923.1213 of the Revised Code, that is	1600
currently valid, that is not under a suspension under division	1601
(A)(1) of section 2923.128 or under section 2923.1213 of the	1602
Revised Code, and that has not been revoked under division (B)(1)	1603
of section 2923.128 or under section 2923.1213 of the Revised	1604
Code.	1605

(I) "Civil protection order" means a protection order issued,	1606
or consent agreement approved, under section 2903.214 or 3113.31	1607
of the Revised Code.	1608

(J)(I) "Temporary protection order" means a protection order	1609
issued under section 2903.213 or 2919.26 of the Revised Code.	1610

(K)(J) "Protection order issued by a court of another state"	1611
has the same meaning as in section 2919.27 of the Revised Code.	1612

(L)(K) "Child day-care center," "type A family day-care home"	1613
and "type B family day-care home" have the same meanings as in	1614
section 5104.01 of the Revised Code.	1615

(M)(L) "Type C family day-care home" means a family day-care	1616
home authorized to provide child care by Sub. H.B. 62 of the 121st	1617
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	1618
general assembly and Sub. H.B. 407 of the 123rd general assembly.	1619

(N)(M) "Foreign air transportation," "interstate air	1620
transportation," and "intrastate air transportation" have the same	1621
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	1622

(O)(N) "Commercial motor vehicle" has the same meaning as in	1623
division (A) of section 4506.25 of the Revised Code.	1624

(P)(O) "Motor carrier enforcement unit" has the same meaning	1625
as in section 2923.16 of the Revised Code.	1626

Sec. 2923.125.  (A) This section applies with respect to the	1627
application for and issuance by this state of concealed handgun	1628
licenses other than concealed handgun licenses on a temporary	1629
emergency basis that are issued under section 2923.1213 of the	1630
Revised Code. Upon the request of a person who wishes to obtain a	1631
license to carry a concealed handgun license with respect to which	1632
this section applies or to renew a license to carry a concealed	1633
handgun license with respect to which this section applies, a	1634
sheriff, as provided in division (I) of this section, shall	1635
provide to the person free of charge an application form and the	1636
web site address at which the pamphlet described in division (B)	1637
of section 109.731 of the Revised Code may be found. A sheriff	1638
shall accept a completed application form and the fee, items,	1639
materials, and information specified in divisions (B)(1) to (5) of	1640
this section at the times and in the manners described in division	1641
(I) of this section.	1642

(B) An applicant for a license to carry a concealed handgun	1643
license with respect to which this section applies shall submit a	1644
completed application form and all of the following to the sheriff	1645
of the county in which the applicant resides or to the sheriff of	1646
any county adjacent to the county in which the applicant resides:	1647

(1)(a) A nonrefundable license fee as described in either of	1648
the following:	1649

(i) For an applicant who has been a resident of this state	1650
for five or more years, a fee of sixty-seven dollars;	1651

(ii) For an applicant who has been a resident of this state	1652
for less than five years, a fee of sixty-seven dollars plus the	1653
actual cost of having a background check performed by the federal	1654
bureau of investigation.	1655

(b) No sheriff shall require an applicant to pay for the cost	1656
of a background check performed by the bureau of criminal	1657
identification and investigation.	1658

(c) A sheriff shall waive the payment of the license fee	1659
described in division (B)(1)(a) of this section in connection with	1660
an initial or renewal application for a license that is submitted	1661
by an applicant who is a retired peace officer, a retired person	1662
described in division (B)(1)(b) of section 109.77 of the Revised	1663
Code, or a retired federal law enforcement officer who, prior to	1664
retirement, was authorized under federal law to carry a firearm in	1665
the course of duty, unless the retired peace officer, person, or	1666
federal law enforcement officer retired as the result of a mental	1667
disability.	1668

(d) The sheriff shall deposit all fees paid by an applicant	1669
under division (B)(1)(a) of this section into the sheriff's	1670
concealed handgun license issuance fund established pursuant to	1671
section 311.42 of the Revised Code. The county shall distribute	1672
the fees in accordance with section 311.42 of the Revised Code.	1673

(2) A color photograph of the applicant that was taken within	1674
thirty days prior to the date of the application;	1675

(3) One or more of the following competency certifications,	1676
each of which shall reflect that, regarding a certification	1677
described in division (B)(3)(a), (b), (c), (e), or (f) of this	1678
section, within the three years immediately preceding the	1679
application the applicant has performed that to which the	1680
competency certification relates and that, regarding a	1681
certification described in division (B)(3)(d) of this section, the	1682
applicant currently is an active or reserve member of the armed	1683
forces of the United States or within the six years immediately	1684
preceding the application the honorable discharge or retirement to	1685
which the competency certification relates occurred:	1686

(a) An original or photocopy of a certificate of completion	1687
of a firearms safety, training, or requalification or firearms	1688
safety instructor course, class, or program that was offered by or	1689
under the auspices of the national rifle association and that	1690
complies with the requirements set forth in division (G) of this	1691
section;	1692

(b) An original or photocopy of a certificate of completion	1693
of a firearms safety, training, or requalification or firearms	1694
safety instructor course, class, or program that satisfies all of	1695
the following criteria:	1696

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

1697

(ii) It utilized qualified instructors who were certified by	1698
the national rifle association, the executive director of the Ohio	1699
peace officer training commission pursuant to section 109.75 or	1700
109.78 of the Revised Code, or a governmental official or entity	1701
of another state.	1702

(iii) It was offered by or under the auspices of a law	1703
enforcement agency of this or another state or the United States,	1704
a public or private college, university, or other similar	1705
postsecondary educational institution located in this or another	1706
state, a firearms training school located in this or another	1707
state, or another type of public or private entity or organization	1708
located in this or another state.	1709

(iv) It complies with the requirements set forth in division	1710
(G) of this section.	1711

(c) An original or photocopy of a certificate of completion	1712
of a state, county, municipal, or department of natural resources	1713
peace officer training school that is approved by the executive	1714
director of the Ohio peace officer training commission pursuant to	1715
section 109.75 of the Revised Code and that complies with the	1716
requirements set forth in division (G) of this section, or the	1717
applicant has satisfactorily completed and been issued a	1718
certificate of completion of a basic firearms training program, a	1719
firearms requalification training program, or another basic	1720
training program described in section 109.78 or 109.801 of the	1721
Revised Code that complies with the requirements set forth in	1722
division (G) of this section;	1723

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

1724

(i) That the applicant is an active or reserve member of the	1725
armed forces of the United States, was honorably discharged from	1726
military service in the active or reserve armed forces of the	1727
United States, is a retired trooper of the state highway patrol,	1728
or is a retired peace officer or federal law enforcement officer	1729
described in division (B)(1) of this section or a retired person	1730
described in division (B)(1)(b) of section 109.77 of the Revised	1731
Code and division (B)(1) of this section;	1732

(ii) That, through participation in the military service or	1733
through the former employment described in division (B)(3)(d)(i)	1734
of this section, the applicant acquired experience with handling	1735
handguns or other firearms, and the experience so acquired was	1736
equivalent to training that the applicant could have acquired in a	1737
course, class, or program described in division (B)(3)(a), (b), or	1738
(c) of this section.	1739

(e) A certificate or another similar document that evidences	1740
satisfactory completion of a firearms training, safety, or	1741
requalification or firearms safety instructor course, class, or	1742
program that is not otherwise described in division (B)(3)(a),	1743
(b), (c), or (d) of this section, that was conducted by an	1744
instructor who was certified by an official or entity of the	1745
government of this or another state or the United States or by the	1746
national rifle association, and that complies with the	1747
requirements set forth in division (G) of this section;	1748

(f) An affidavit that attests to the applicant's satisfactory	1749
completion of a course, class, or program described in division	1750
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1751
by the applicant's instructor or an authorized representative of	1752
the entity that offered the course, class, or program or under	1753
whose auspices the course, class, or program was offered.	1754

(4) A certification by the applicant that the applicant has	1755
read the pamphlet prepared by the Ohio peace officer training	1756
commission pursuant to section 109.731 of the Revised Code that	1757
reviews firearms, dispute resolution, and use of deadly force	1758
matters.	1759

(5) A set of fingerprints of the applicant provided as	1760
described in section 311.41 of the Revised Code through use of an	1761
electronic fingerprint reading device or, if the sheriff to whom	1762
the application is submitted does not possess and does not have	1763
ready access to the use of such a reading device, on a standard	1764
impression sheet prescribed pursuant to division (C)(2) of section	1765
109.572 of the Revised Code.	1766

(C) Upon receipt of an applicant'sthe completed application	1767
form, supporting documentation, and, if not waived, license fee of	1768
an applicant under this section, a sheriff, in the manner	1769
specified in section 311.41 of the Revised Code, shall conduct or	1770
cause to be conducted the criminal records check and the	1771
incompetency records check described in section 311.41 of the	1772
Revised Code.	1773

(D)(1) Except as provided in division (D)(3) or (4) of this	1774
section, within forty-five days after a sheriff's receipt of an	1775
applicant's completed application form for a license to carry a	1776
concealed handgun license under this section, the supporting	1777
documentation, and, if not waived, the license fee, the sheriff	1778
shall make available through the law enforcement automated data	1779
system in accordance with division (H) of this section the	1780
information described in that division and, upon making the	1781
information available through the system, shall issue to the	1782
applicant a license to carry a concealed handgun license that	1783
shall expire as described in division (D)(2)(a) of this section if	1784
all of the following apply:	1785

(a) The applicant is legally living in the United States, has	1786
been a resident of this state for at least forty-five days, and	1787
has been a resident of the county in which the person seeks the	1788
license or a county adjacent to the county in which the person	1789
seeks the license for at least thirty days. For purposes of	1790
division (D)(1)(a) of this section:	1791

(i) If a person is absent from the United States, from this	1792
state, or from a particular county in this state in compliance	1793
with military or naval orders as an active or reserve member of	1794
the armed forces of the United States and if prior to leaving this	1795
state in compliance with those orders the person was legally	1796
living in the United States and was a resident of this state, the	1797
person, solely by reason of that absence, shall not be considered	1798
to have lost the person's status as living in the United States or	1799
the person's residence in this state or in the county in which the	1800
person was a resident prior to leaving this state in compliance	1801
with those orders, without regard to whether or not the person	1802
intends to return to this state or to that county, shall not be	1803
considered to have acquired a residence in any other state, and	1804
shall not be considered to have become a resident of any other	1805
state.	1806

(ii) If a person is present in this state in compliance with	1807
military or naval orders as an active or reserve member of the	1808
armed forces of the United States for at least forty-five days,	1809
the person shall be considered to have been a resident of this	1810
state for that period of at least forty-five days, and, if a	1811
person is present in a county of this state in compliance with	1812
military or naval orders as an active or reserve member of the	1813
armed forces of the United States for at least thirty days, the	1814
person shall be considered to have been a resident of that county	1815
for that period of at least thirty days.	1816

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

1817

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

1818

(d) The applicant is not under indictment for or otherwise	1819
charged with a felony; an offense under Chapter 2925., 3719., or	1820
4729. of the Revised Code that involves the illegal possession,	1821
use, sale, administration, or distribution of or trafficking in a	1822
drug of abuse; a misdemeanor offense of violence; or a violation	1823
of section 2903.14 or 2923.1211 of the Revised Code.	1824

(e) Except as otherwise provided in division (D)(5) of this	1825
section, the applicant has not been convicted of or pleaded guilty	1826
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1827
the Revised Code that involves the illegal possession, use, sale,	1828
administration, or distribution of or trafficking in a drug of	1829
abuse; has not been adjudicated a delinquent child for committing	1830
an act that if committed by an adult would be a felony or would be	1831
an offense under Chapter 2925., 3719., or 4729. of the Revised	1832
Code that involves the illegal possession, use, sale,	1833
administration, or distribution of or trafficking in a drug of	1834
abuse; and has not been convicted of, pleaded guilty to, or	1835
adjudicated a delinquent child for committing a violation of	1836
section 2903.13 of the Revised Code when the victim of the	1837
violation is a peace officer, regardless of whether the applicant	1838
was sentenced under division (C)(3) of that section.	1839

(f) Except as otherwise provided in division (D)(5) of this	1840
section, the applicant, within three years of the date of the	1841
application, has not been convicted of or pleaded guilty to a	1842
misdemeanor offense of violence other than a misdemeanor violation	1843
of section 2921.33 of the Revised Code or a violation of section	1844
2903.13 of the Revised Code when the victim of the violation is a	1845
peace officer, or a misdemeanor violation of section 2923.1211 of	1846
the Revised Code; and has not been adjudicated a delinquent child	1847
for committing an act that if committed by an adult would be a	1848
misdemeanor offense of violence other than a misdemeanor violation	1849
of section 2921.33 of the Revised Code or a violation of section	1850
2903.13 of the Revised Code when the victim of the violation is a	1851
peace officer or for committing an act that if committed by an	1852
adult would be a misdemeanor violation of section 2923.1211 of the	1853
Revised Code.	1854

(g) Except as otherwise provided in division (D)(1)(e) of	1855
this section, the applicant, within five years of the date of the	1856
application, has not been convicted of, pleaded guilty to, or	1857
adjudicated a delinquent child for committing two or more	1858
violations of section 2903.13 or 2903.14 of the Revised Code.	1859

(h) Except as otherwise provided in division (D)(5) of this	1860
section, the applicant, within ten years of the date of the	1861
application, has not been convicted of, pleaded guilty to, or	1862
adjudicated a delinquent child for committing a violation of	1863
section 2921.33 of the Revised Code.	1864

(i) The applicant has not been adjudicated as a mental	1865
defective, has not been committed to any mental institution, is	1866
not under adjudication of mental incompetence, has not been found	1867
by a court to be a mentally ill person subject to hospitalization	1868
by court order, and is not an involuntary patient other than one	1869
who is a patient only for purposes of observation. As used in this	1870
division, "mentally ill person subject to hospitalization by court	1871
order" and "patient" have the same meanings as in section 5122.01	1872
of the Revised Code.	1873

(j) The applicant is not currently subject to a civil	1874
protection order, a temporary protection order, or a protection	1875
order issued by a court of another state.	1876

(k) The applicant certifies that the applicant desires a	1877
legal means to carry a concealed handgun for defense of the	1878
applicant or a member of the applicant's family while engaged in	1879
lawful activity.	1880

(l) The applicant submits a competency certification of the	1881
type described in division (B)(3) of this section and submits a	1882
certification of the type described in division (B)(4) of this	1883
section regarding the applicant's reading of the pamphlet prepared	1884
by the Ohio peace officer training commission pursuant to section	1885
109.731 of the Revised Code.	1886

(m) The applicant currently is not subject to a suspension	1887
imposed under division (A)(2) of section 2923.128 of the Revised	1888
Code of a license to carry a concealed handgun, or a temporary	1889
emergency license to carry a concealed handgun,license that	1890
previously was issued to the applicant under this section or	1891
section 2923.1213 of the Revised Code.	1892

(2)(a) A license to carry a concealed handgun license that a	1893
sheriff issues under division (D)(1) of this section on or after	1894
March 14, 2007, shall expire five years after the date of	1895
issuance. A license to carry a concealed handgun that a sheriff	1896
issued under division (D)(1) of this section prior to March 14,	1897
2007, shall expire four years after the date of issuance.	1898

If a sheriff issues a license under this section, the sheriff	1899
shall place on the license a unique combination of letters and	1900
numbers identifying the license in accordance with the procedure	1901
prescribed by the Ohio peace officer training commission pursuant	1902
to section 109.731 of the Revised Code.	1903

(b) If a sheriff denies an application under this section	1904
because the applicant does not satisfy the criteria described in	1905
division (D)(1) of this section, the sheriff shall specify the	1906
grounds for the denial in a written notice to the applicant. The	1907
applicant may appeal the denial pursuant to section 119.12 of the	1908
Revised Code in the county served by the sheriff who denied the	1909
application. If the denial was as a result of the criminal records	1910
check conducted pursuant to section 311.41 of the Revised Code and	1911
if, pursuant to section 2923.127 of the Revised Code, the	1912
applicant challenges the criminal records check results using the	1913
appropriate challenge and review procedure specified in that	1914
section, the time for filing the appeal pursuant to section 119.12	1915
of the Revised Code and this division is tolled during the	1916
pendency of the request or the challenge and review. If the court	1917
in an appeal under section 119.12 of the Revised Code and this	1918
division enters a judgment sustaining the sheriff's refusal to	1919
grant to the applicant a license to carry a concealed handgun	1920
license, the applicant may file a new application beginning one	1921
year after the judgment is entered. If the court enters a judgment	1922
in favor of the applicant, that judgment shall not restrict the	1923
authority of a sheriff to suspend or revoke the license pursuant	1924
to section 2923.128 or 2923.1213 of the Revised Code or to refuse	1925
to renew the license for any proper cause that may occur after the	1926
date the judgment is entered. In the appeal, the court shall have	1927
full power to dispose of all costs.	1928

(3) If the sheriff with whom an application for a license to	1929
carry a concealed handgun license was filed under this section	1930
becomes aware that the applicant has been arrested for or	1931
otherwise charged with an offense that would disqualify the	1932
applicant from holding the license, the sheriff shall suspend the	1933
processing of the application until the disposition of the case	1934
arising from the arrest or charge.	1935

(4) If the sheriff determines that the applicant is legally	1936
living in the United States and is a resident of the county in	1937
which the applicant seeks the license or of an adjacent county but	1938
does not yet meet the residency requirements described in division	1939
(D)(1)(a) of this section, the sheriff shall not deny the license	1940
because of the residency requirements but shall not issue the	1941
license until the applicant meets those residency requirements.	1942

(5) If an applicant has been convicted of or pleaded guilty	1943
to an offense identified in division (D)(1)(e), (f), or (h) of	1944
this section or has been adjudicated a delinquent child for	1945
committing an act or violation identified in any of those	1946
divisions, and if a court has ordered the sealing or expungement	1947
of the records of that conviction, guilty plea, or adjudication	1948
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1949
2953.36, or section 2953.37 of the Revised Code or a court has	1950
granted the applicant relief pursuant to section 2923.14 of the	1951
Revised Code from the disability imposed pursuant to section	1952
2923.13 of the Revised Code relative to that conviction, guilty	1953
plea, or adjudication, the sheriff with whom the application was	1954
submitted shall not consider the conviction, guilty plea, or	1955
adjudication in making a determination under division (D)(1) or	1956
(F) of this section or, in relation to an application for a	1957
temporary emergency license to carry a concealed handgun license	1958
on a temporary emergency basis submitted under section 2923.1213	1959
of the Revised Code, in making a determination under division	1960
(B)(2) of that section.	1961

(E) If a license to carry a concealed handgun license issued	1962
under this section is lost or is destroyed, the licensee may	1963
obtain from the sheriff who issued that license a duplicate	1964
license upon the payment of a fee of fifteen dollars and the	1965
submission of an affidavit attesting to the loss or destruction of	1966
the license. The sheriff, in accordance with the procedures	1967
prescribed in section 109.731 of the Revised Code, shall place on	1968
the replacement license a combination of identifying numbers	1969
different from the combination on the license that is being	1970
replaced.	1971

(F)(1) A licensee who wishes to renew a license to carry a	1972
concealed handgun license issued under this section shall do so	1973
not earlier than ninety days before the expiration date of the	1974
license or at any time after the expiration date of the license by	1975
filing with the sheriff of the county in which the applicant	1976
resides or with the sheriff of an adjacent county an application	1977
for renewal of the license obtained pursuant to division (D) of	1978
this section, a certification by the applicant that, subsequent to	1979
the issuance of the license, the applicant has reread the pamphlet	1980
prepared by the Ohio peace officer training commission pursuant to	1981
section 109.731 of the Revised Code that reviews firearms, dispute	1982
resolution, and use of deadly force matters, and a nonrefundable	1983
license renewal fee in an amount determined pursuant to division	1984
(F)(4) of this section unless the fee is waived, and one of the	1985
following:	1986

(a) If the licensee previously has not renewed a license to	1987
carry a concealed handgun issued under this section, proof that	1988
the licensee at one time had a competency certification of the	1989
type described in division (B)(3) of this section. A valid	1990
license, expired license, or any other previously issued license	1991
that has not been revoked is prima-facie evidence that the	1992
licensee at one time had a competency certification of the type	1993
described in division (B)(3) of this section.	1994

(b) If the licensee previously has renewed a license to carry	1995
a concealed handgun issued under this section, a renewed	1996
competency certification of the type described in division (G)(4)	1997
of this section.	1998

(2) A sheriff shall accept a completed renewal application,	1999
the license renewal fee, and the information specified in division	2000
(F)(1) of this section at the times and in the manners described	2001
in division (I) of this section. Upon receipt of a completed	2002
renewal application, of certification that the applicant has	2003
reread the specified pamphlet prepared by the Ohio peace officer	2004
training commission, of proof of a prior competency certification	2005
for an initial renewal or of a renewed competency certification	2006
for a second or subsequent renewal, and of a license renewal fee	2007
unless the fee is waived, a sheriff, in the manner specified in	2008
section 311.41 of the Revised Code shall conduct or cause to be	2009
conducted the criminal records check and the incompetency records	2010
check described in section 311.41 of the Revised Code. The sheriff	2011
shall renew the license if the sheriff determines that the	2012
applicant continues to satisfy the requirements described in	2013
division (D)(1) of this section, except that the applicant is not	2014
required to meet the requirements of division (D)(1)(l) of this	2015
section. A renewed license that is renewed on or after March 14,	2016
2007, shall expire five years after the date of issuance, and a	2017
renewed license that is renewed prior to March 14, 2007, shall	2018
expire four years after the date of issuance. A renewed license is	2019
subject to division (E) of this section and sections 2923.126 and	2020
2923.128 of the Revised Code. A sheriff shall comply with	2021
divisions (D)(2) to (4) of this section when the circumstances	2022
described in those divisions apply to a requested license renewal.	2023
If a sheriff denies the renewal of a license to carry a concealed	2024
handgun license, the applicant may appeal the denial, or challenge	2025
the criminal record check results that were the basis of the	2026
denial if applicable, in the same manner as specified in division	2027
(D)(2)(b) of this section and in section 2923.127 of the Revised	2028
Code, regarding the denial of a license under this section.	2029

(3) A renewal application submitted pursuant to division (F)	2030
of this section shall only require the licensee to list on the	2031
application form information and matters occurring since the date	2032
of the licensee's last application for a license pursuant to	2033
division (B) or (F) of this section. A sheriff conducting the	2034
criminal records check and the incompetency records check	2035
described in section 311.41 of the Revised Code shall conduct the	2036
check only from the date of the licensee's last application for a	2037
license pursuant to division (B) or (F) of this section through	2038
the date of the renewal application submitted pursuant to division	2039
(F) of this section.	2040

(4) An applicant for a renewal license to carry a concealed	2041
handgun license under this section shall submit to the sheriff of	2042
the county in which the applicant resides or to the sheriff of any	2043
county adjacent to the county in which the applicant resides a	2044
nonrefundable license fee as described in either of the following:	2045

(a) For an applicant who has been a resident of this state	2046
for five or more years, a fee of fifty dollars;	2047

(b) For an applicant who has been a resident of this state	2048
for less than five years, a fee of fifty dollars plus the actual	2049
cost of having a background check performed by the federal bureau	2050
of investigation.	2051

(G)(1) Each course, class, or program described in division	2052
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	2053
person who takes the course, class, or program the web site	2054
address at which the pamphlet prepared by the Ohio peace officer	2055
training commission pursuant to section 109.731 of the Revised	2056
Code that reviews firearms, dispute resolution, and use of deadly	2057
force matters may be found. Each such course, class, or program	2058
described in one of those divisions shall include at least twelve	2059
hours of training in the safe handling and use of a firearm that	2060
shall include all of the following:	2061

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

2062

(i) The ability to name, explain, and demonstrate the rules	2063
for safe handling of a handgun and proper storage practices for	2064
handguns and ammunition;	2065

(ii) The ability to demonstrate and explain how to handle	2066
ammunition in a safe manner;	2067

(iii) The ability to demonstrate the knowledge, skills, and	2068
attitude necessary to shoot a handgun in a safe manner;	2069

(iv) Gun handling training.

2070

(b) At least two hours of training that consists of range	2071
time and live-fire training.	2072

(2) To satisfactorily complete the course, class, or program	2073
described in division (B)(3)(a), (b), (c), or (e) of this section,	2074
the applicant shall pass a competency examination that shall	2075
include both of the following:	2076

(a) A written section on the ability to name and explain the	2077
rules for the safe handling of a handgun and proper storage	2078
practices for handguns and ammunition;	2079

(b) A physical demonstration of competence in the use of a	2080
handgun and in the rules for safe handling and storage of a	2081
handgun and a physical demonstration of the attitude necessary to	2082
shoot a handgun in a safe manner.	2083

(3) The competency certification described in division	2084
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	2085
shall attest that the course, class, or program the applicant	2086
successfully completed met the requirements described in division	2087
(G)(1) of this section and that the applicant passed the	2088
competency examination described in division (G)(2) of this	2089
section.	2090

(4) A person who previously has received a competency	2091
certification as described in division (B)(3) of this section, or	2092
who previously has received a renewed competency certification as	2093
described in this division, may obtain a renewed competency	2094
certification pursuant to this division. If the person previously	2095
has received a competency certification or previously has received	2096
a renewed competency certification, the person may obtain a	2097
renewed competency certification from an entity that offers a	2098
course, class, or program described in division (B)(3)(a), (b),	2099
(c), or (e) of this section by passing a test that demonstrates	2100
that the person is range competent. In these circumstances, the	2101
person is not required to attend the course, class, or program or	2102
to take the competency examination described in division (G)(2) of	2103
this section for the renewed competency certification in order to	2104
be eligible to receive a renewed competency certification. A	2105
renewed competency certification issued under this division shall	2106
be dated and shall attest that the person has demonstrated range	2107
competency.	2108

(H) Upon deciding to issue a concealed handgun license,	2109
deciding to issue a replacement concealed handgun license, or	2110
deciding to renew a license to carry a concealed handgun license	2111
pursuant to this section, and before actually issuing or renewing	2112
the license, the sheriff shall make available through the law	2113
enforcement automated data system all information contained on the	2114
license. If the license subsequently is suspended under division	2115
(A)(1) or (2) of section 2923.128 of the Revised Code, revoked	2116
pursuant to division (B)(1) of section 2923.128 of the Revised	2117
Code, or lost or destroyed, the sheriff also shall make available	2118
through the law enforcement automated data system a notation of	2119
that fact. The superintendent of the state highway patrol shall	2120
ensure that the law enforcement automated data system is so	2121
configured as to permit the transmission through the system of the	2122
information specified in this division.	2123

(I) A sheriff shall accept a completed application form or	2124
renewal application, and the fee, items, materials, and	2125
information specified in divisions (B)(1) to (5) or division (F)	2126
of this section, whichever is applicable, and shall provide an	2127
application form or renewal application to any person during at	2128
least fifteen hours a week and shall provide the web site address	2129
at which the pamphlet described in division (B) of section 109.731	2130
of the Revised Code may be found at any time, upon request. The	2131
sheriff shall post notice of the hours during which the sheriff is	2132
available to accept or provide the information described in this	2133
division.	2134

Sec. 2923.126.  (A) A license to carry a concealed handgun	2135
license that is issued under section 2923.125 of the Revised Code	2136
on or after March 14, 2007, shall expire five years after the date	2137
of issuance, and a license that is so issued prior to March 14,	2138
2007, shall expire four years after the date of issuance. A	2139
licensee who has been issued a license under that section shall be	2140
granted a grace period of thirty days after the licensee's license	2141
expires during which the licensee's license remains valid. Except	2142
as provided in divisions (B) and (C) of this section, a licensee	2143
who has been issued a concealed handgun license under section	2144
2923.125 or 2923.1213 of the Revised Code may carry a concealed	2145
handgun anywhere in this state if the licensee also carries a	2146
valid license and valid identification when the licensee is in	2147
actual possession of a concealed handgun. The licensee shall give	2148
notice of any change in the licensee's residence address to the	2149
sheriff who issued the license within forty-five days after that	2150
change.	2151

If a licensee is the driver or an occupant of a motor vehicle	2152
that is stopped as the result of a traffic stop or a stop for	2153
another law enforcement purpose and if the licensee is	2154
transporting or has a loaded handgun in the motor vehicle at that	2155
time, the licensee shall promptly inform any law enforcement	2156
officer who approaches the vehicle while stopped that the licensee	2157
has been issued a license or temporary emergency license to carry	2158
a concealed handgun license and that the licensee currently	2159
possesses or has a loaded handgun; the licensee shall not	2160
knowingly disregard or fail to comply with lawful orders of a law	2161
enforcement officer given while the motor vehicle is stopped,	2162
knowingly fail to remain in the motor vehicle while stopped, or	2163
knowingly fail to keep the licensee's hands in plain sight after	2164
any law enforcement officer begins approaching the licensee while	2165
stopped and before the officer leaves, unless directed otherwise	2166
by a law enforcement officer; and the licensee shall not knowingly	2167
remove, attempt to remove, grasp, or hold the loaded handgun or	2168
knowingly have contact with the loaded handgun by touching it with	2169
the licensee's hands or fingers, in any manner in violation of	2170
division (E) of section 2923.16 of the Revised Code, after any law	2171
enforcement officer begins approaching the licensee while stopped	2172
and before the officer leaves. Additionally, if a licensee is the	2173
driver or an occupant of a commercial motor vehicle that is	2174
stopped by an employee of the motor carrier enforcement unit for	2175
the purposes defined in section 5503.04 of the Revised Code and if	2176
the licensee is transporting or has a loaded handgun in the	2177
commercial motor vehicle at that time, the licensee shall promptly	2178
inform the employee of the unit who approaches the vehicle while	2179
stopped that the licensee has been issued a license or temporary	2180
emergency license to carry a concealed handgun license and that	2181
the licensee currently possesses or has a loaded handgun.	2182

If a licensee is stopped for a law enforcement purpose and if	2183
the licensee is carrying a concealed handgun at the time the	2184
officer approaches, the licensee shall promptly inform any law	2185
enforcement officer who approaches the licensee while stopped that	2186
the licensee has been issued a license or temporary emergency	2187
license to carry a concealed handgun license and that the licensee	2188
currently is carrying a concealed handgun; the licensee shall not	2189
knowingly disregard or fail to comply with lawful orders of a law	2190
enforcement officer given while the licensee is stopped or	2191
knowingly fail to keep the licensee's hands in plain sight after	2192
any law enforcement officer begins approaching the licensee while	2193
stopped and before the officer leaves, unless directed otherwise	2194
by a law enforcement officer; and the licensee shall not knowingly	2195
remove, attempt to remove, grasp, or hold the loaded handgun or	2196
knowingly have contact with the loaded handgun by touching it with	2197
the licensee's hands or fingers, in any manner in violation of	2198
division (B) of section 2923.12 of the Revised Code, after any law	2199
enforcement officer begins approaching the licensee while stopped	2200
and before the officer leaves.	2201

(B) A valid concealed handgun license issued under section	2202
2923.125 or 2923.1213 of the Revised Code does not authorize the	2203
licensee to carry a concealed handgun in any manner prohibited	2204
under division (B) of section 2923.12 of the Revised Code or in	2205
any manner prohibited under section 2923.16 of the Revised Code. A	2206
valid license does not authorize the licensee to carry a concealed	2207
handgun into any of the following places:	2208

(1) A police station, sheriff's office, or state highway	2209
patrol station, premises controlled by the bureau of criminal	2210
identification and investigation, a state correctional	2211
institution, jail, workhouse, or other detention facility, an	2212
airport passenger terminal, or an institution that is maintained,	2213
operated, managed, and governed pursuant to division (A) of	2214
section 5119.02 of the Revised Code or division (A)(1) of section	2215
5123.03 of the Revised Code;	2216

(2) A school safety zone if the licensee's carrying the	2217
concealed handgun is in violation of section 2923.122 of the	2218
Revised Code;	2219

(3) A courthouse or another building or structure in which a	2220
courtroom is located, in violation of section 2923.123 of the	2221
Revised Code;	2222

(4) Any premises or open air arena for which a D permit has	2223
been issued under Chapter 4303. of the Revised Code if the	2224
licensee's carrying the concealed handgun is in violation of	2225
section 2923.121 of the Revised Code;	2226

(5) Any premises owned or leased by any public or private	2227
college, university, or other institution of higher education,	2228
unless the handgun is in a locked motor vehicle or the licensee is	2229
in the immediate process of placing the handgun in a locked motor	2230
vehicle;	2231

(6) Any church, synagogue, mosque, or other place of worship,	2232
unless the church, synagogue, mosque, or other place of worship	2233
posts or permits otherwise;	2234

(7) A child day-care center, a type A family day-care home, a	2235
type B family day-care home, or a type C family day-care home,	2236
except that this division does not prohibit a licensee who resides	2237
in a type A family day-care home, a type B family day-care home,	2238
or a type C family day-care home from carrying a concealed handgun	2239
at any time in any part of the home that is not dedicated or used	2240
for day-care purposes, or from carrying a concealed handgun in a	2241
part of the home that is dedicated or used for day-care purposes	2242
at any time during which no children, other than children of that	2243
licensee, are in the home;	2244

(8) An aircraft that is in, or intended for operation in,	2245
foreign air transportation, interstate air transportation,	2246
intrastate air transportation, or the transportation of mail by	2247
aircraft;	2248

(9) Any building that is a government facility of this state	2249
or a political subdivision of this state and that is not a	2250
building that is used primarily as a shelter, restroom, parking	2251
facility for motor vehicles, or rest facility and is not a	2252
courthouse or other building or structure in which a courtroom is	2253
located that is subject to division (B)(3) of this section;	2254

(10) A place in which federal law prohibits the carrying of	2255
handguns.	2256

(C)(1) Nothing in this section shall negate or restrict a	2257
rule, policy, or practice of a private employer that is not a	2258
private college, university, or other institution of higher	2259
education concerning or prohibiting the presence of firearms on	2260
the private employer's premises or property, including motor	2261
vehicles owned by the private employer. Nothing in this section	2262
shall require a private employer of that nature to adopt a rule,	2263
policy, or practice concerning or prohibiting the presence of	2264
firearms on the private employer's premises or property, including	2265
motor vehicles owned by the private employer.	2266

(2)(a) A private employer shall be immune from liability in a	2267
civil action for any injury, death, or loss to person or property	2268
that allegedly was caused by or related to a licensee bringing a	2269
handgun onto the premises or property of the private employer,	2270
including motor vehicles owned by the private employer, unless the	2271
private employer acted with malicious purpose. A private employer	2272
is immune from liability in a civil action for any injury, death,	2273
or loss to person or property that allegedly was caused by or	2274
related to the private employer's decision to permit a licensee to	2275
bring, or prohibit a licensee from bringing, a handgun onto the	2276
premises or property of the private employer. As used in this	2277
division, "private employer" includes a private college,	2278
university, or other institution of higher education.	2279

(b) A political subdivision shall be immune from liability in	2280
a civil action, to the extent and in the manner provided in	2281
Chapter 2744. of the Revised Code, for any injury, death, or loss	2282
to person or property that allegedly was caused by or related to a	2283
licensee bringing a handgun onto any premises or property owned,	2284
leased, or otherwise under the control of the political	2285
subdivision. As used in this division, "political subdivision" has	2286
the same meaning as in section 2744.01 of the Revised Code.	2287

(3)(a) Except as provided in division (C)(3)(b) of this	2288
section, the owner or person in control of private land or	2289
premises, and a private person or entity leasing land or premises	2290
owned by the state, the United States, or a political subdivision	2291
of the state or the United States, may post a sign in a	2292
conspicuous location on that land or on those premises prohibiting	2293
persons from carrying firearms or concealed firearms on or onto	2294
that land or those premises. Except as otherwise provided in this	2295
division, a person who knowingly violates a posted prohibition of	2296
that nature is guilty of criminal trespass in violation of	2297
division (A)(4) of section 2911.21 of the Revised Code and is	2298
guilty of a misdemeanor of the fourth degree. If a person	2299
knowingly violates a posted prohibition of that nature and the	2300
posted land or premises primarily was a parking lot or other	2301
parking facility, the person is not guilty of criminal trespass in	2302
violation of division (A)(4) of section 2911.21 of the Revised	2303
Code and instead is subject only to a civil cause of action for	2304
trespass based on the violation.	2305

(b) A landlord may not prohibit or restrict a tenant who is a	2306
licensee and who on or after the effective date of this amendment	2307
September 9, 2008, enters into a rental agreement with the	2308
landlord for the use of residential premises, and the tenant's	2309
guest while the tenant is present, from lawfully carrying or	2310
possessing a handgun on those residential premises.	2311

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

2312

(i) "Residential premises" has the same meaning as in section	2313
5321.01 of the Revised Code, except "residential premises" does	2314
not include a dwelling unit that is owned or operated by a college	2315
or university.	2316

(ii) "Landlord," "tenant," and "rental agreement" have the	2317
same meanings as in section 5321.01 of the Revised Code.	2318

(D) A person who holds a license to carry a concealed handgun	2319
that waslicense issued pursuant to the law ofby another state	2320
that is recognized by the attorney general pursuant to a	2321
reciprocity agreement entered into pursuant to section 109.69 of	2322
the Revised Code has the same right to carry a concealed handgun	2323
in this state as a person who was issued a license to carry a	2324
concealed handgun license under section 2923.125 of the Revised	2325
Code and is subject to the same restrictions that apply to a	2326
person who carries a license issued under that section.	2327

(E) A peace officer has the same right to carry a concealed	2328
handgun in this state as a person who was issued a license to	2329
carry a concealed handgun license under section 2923.125 of the	2330
Revised Code. For purposes of reciprocity with other states, a	2331
peace officer shall be considered to be a licensee in this state.	2332

(F)(1) A qualified retired peace officer who possesses a	2333
retired peace officer identification card issued pursuant to	2334
division (F)(2) of this section and a valid firearms	2335
requalification certification issued pursuant to division (F)(3)	2336
of this section has the same right to carry a concealed handgun in	2337
this state as a person who was issued a license to carry a	2338
concealed handgun license under section 2923.125 of the Revised	2339
Code and is subject to the same restrictions that apply to a	2340
person who carries a license issued under that section. For	2341
purposes of reciprocity with other states, a qualified retired	2342
peace officer who possesses a retired peace officer identification	2343
card issued pursuant to division (F)(2) of this section and a	2344
valid firearms requalification certification issued pursuant to	2345
division (F)(3) of this section shall be considered to be a	2346
licensee in this state.	2347

(2)(a) Each public agency of this state or of a political	2348
subdivision of this state that is served by one or more peace	2349
officers shall issue a retired peace officer identification card	2350
to any person who retired from service as a peace officer with	2351
that agency, if the issuance is in accordance with the agency's	2352
policies and procedures and if the person, with respect to the	2353
person's service with that agency, satisfies all of the following:	2354

(i) The person retired in good standing from service as a	2355
peace officer with the public agency, and the retirement was not	2356
for reasons of mental instability.	2357

(ii) Before retiring from service as a peace officer with	2358
that agency, the person was authorized to engage in or supervise	2359
the prevention, detection, investigation, or prosecution of, or	2360
the incarceration of any person for, any violation of law and the	2361
person had statutory powers of arrest.	2362

(iii) At the time of the person's retirement as a peace	2363
officer with that agency, the person was trained and qualified to	2364
carry firearms in the performance of the peace officer's duties.	2365

(iv) Before retiring from service as a peace officer with	2366
that agency, the person was regularly employed as a peace officer	2367
for an aggregate of fifteen years or more, or, in the alternative,	2368
the person retired from service as a peace officer with that	2369
agency, after completing any applicable probationary period of	2370
that service, due to a service-connected disability, as determined	2371
by the agency.	2372

(b) A retired peace officer identification card issued to a	2373
person under division (F)(2)(a) of this section shall identify the	2374
person by name, contain a photograph of the person, identify the	2375
public agency of this state or of the political subdivision of	2376
this state from which the person retired as a peace officer and	2377
that is issuing the identification card, and specify that the	2378
person retired in good standing from service as a peace officer	2379
with the issuing public agency and satisfies the criteria set	2380
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	2381
addition to the required content specified in this division, a	2382
retired peace officer identification card issued to a person under	2383
division (F)(2)(a) of this section may include the firearms	2384
requalification certification described in division (F)(3) of this	2385
section, and if the identification card includes that	2386
certification, the identification card shall serve as the firearms	2387
requalification certification for the retired peace officer. If	2388
the issuing public agency issues credentials to active law	2389
enforcement officers who serve the agency, the agency may comply	2390
with division (F)(2)(a) of this section by issuing the same	2391
credentials to persons who retired from service as a peace officer	2392
with the agency and who satisfy the criteria set forth in	2393
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	2394
credentials so issued to retired peace officers are stamped with	2395
the word "RETIRED."	2396

(c) A public agency of this state or of a political	2397
subdivision of this state may charge persons who retired from	2398
service as a peace officer with the agency a reasonable fee for	2399
issuing to the person a retired peace officer identification card	2400
pursuant to division (F)(2)(a) of this section.	2401

(3) If a person retired from service as a peace officer with	2402
a public agency of this state or of a political subdivision of	2403
this state and the person satisfies the criteria set forth in	2404
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	2405
may provide the retired peace officer with the opportunity to	2406
attend a firearms requalification program that is approved for	2407
purposes of firearms requalification required under section	2408
109.801 of the Revised Code. The retired peace officer may be	2409
required to pay the cost of the course.	2410

If a retired peace officer who satisfies the criteria set	2411
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	2412
firearms requalification program that is approved for purposes of	2413
firearms requalification required under section 109.801 of the	2414
Revised Code, the retired peace officer's successful completion of	2415
the firearms requalification program requalifies the retired peace	2416
officer for purposes of division (F) of this section for five	2417
years from the date on which the program was successfully	2418
completed, and the requalification is valid during that five-year	2419
period. If a retired peace officer who satisfies the criteria set	2420
forth in divisions (F)(2)(a)(i) to (iv) of this section	2421
satisfactorily completes such a firearms requalification program,	2422
the retired peace officer shall be issued a firearms	2423
requalification certification that identifies the retired peace	2424
officer by name, identifies the entity that taught the program,	2425
specifies that the retired peace officer successfully completed	2426
the program, specifies the date on which the course was	2427
successfully completed, and specifies that the requalification is	2428
valid for five years from that date of successful completion. The	2429
firearms requalification certification for a retired peace officer	2430
may be included in the retired peace officer identification card	2431
issued to the retired peace officer under division (F)(2) of this	2432
section.	2433

A retired peace officer who attends a firearms	2434
requalification program that is approved for purposes of firearms	2435
requalification required under section 109.801 of the Revised Code	2436
may be required to pay the cost of the program.	2437

(G) As used in this section:

2438

(1) "Qualified retired peace officer" means a person who	2439
satisfies all of the following:	2440

(a) The person satisfies the criteria set forth in divisions	2441
(F)(2)(a)(i) to (v) of this section.	2442

(b) The person is not under the influence of alcohol or	2443
another intoxicating or hallucinatory drug or substance.	2444

(c) The person is not prohibited by federal law from	2445
receiving firearms.	2446

(2) "Retired peace officer identification card" means an	2447
identification card that is issued pursuant to division (F)(2) of	2448
this section to a person who is a retired peace officer.	2449

(3) "Government facility of this state or a political	2450
subdivision of this state" means any of the following:	2451

(a) A building or part of a building that is owned or leased	2452
by the government of this state or a political subdivision of this	2453
state and where employees of the government of this state or the	2454
political subdivision regularly are present for the purpose of	2455
performing their official duties as employees of the state or	2456
political subdivision;	2457

(b) The office of a deputy registrar serving pursuant to	2458
Chapter 4503. of the Revised Code that is used to perform deputy	2459
registrar functions.	2460

Sec. 2923.127. (A) If a sheriff denies an application for a	2461
license to carry a concealed handgun license under section	2462
2923.125 of the Revised Code, denies the renewal of a license to	2463
carry a concealed handgun license under that section, or denies an	2464
application for a temporary emergency license to carry a concealed	2465
handgun license on a temporary emergency basis under section	2466
2923.1213 of the Revised Code as a result of the criminal records	2467
check conducted pursuant to section 311.41 of the Revised Code and	2468
if the applicant believes the denial was based on incorrect	2469
information reported by the source the sheriff used in conducting	2470
the criminal records check, the applicant may challenge the	2471
criminal records check results using whichever of the following is	2472
applicable:	2473

(1) If the bureau of criminal identification and	2474
investigation performed the criminal records check, by using the	2475
bureau's existing challenge and review procedures;	2476

(2) If division (A)(1) of this section does not apply, by	2477
using the existing challenge and review procedure of the sheriff	2478
who denied the application or, if the sheriff does not have a	2479
challenge and review procedure, by using the challenge and review	2480
procedure prescribed by the bureau of criminal identification and	2481
investigation pursuant to division (B) of this section.	2482

(B) The bureau of criminal identification and investigation	2483
shall prescribe a challenge and review procedure for applicants to	2484
use to challenge criminal records checks under division (A)(2) of	2485
this section in counties in which the sheriff with whom thean	2486
application for a license to carry a concealed handgun or for the	2487
renewal of a license to carry a concealed handgun was filed or	2488
with whom the application for a temporary emergency license to	2489
carry a concealed handgun wasof a type described in division (A)	2490
of this section was filed or submitted does not have an existing	2491
challenge and review procedure.	2492

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	2493
concealed handgun license issued under section 2923.125 or	2494
2923.1213 of the Revised Code is arrested for or otherwise charged	2495
with an offense described in division (D)(1)(d) of section	2496
2923.125 of the Revised Code or with a violation of section	2497
2923.15 of the Revised Code or becomes subject to a temporary	2498
protection order or to a protection order issued by a court of	2499
another state that is substantially equivalent to a temporary	2500
protection order, the sheriff who issued the license or temporary	2501
emergency license shall suspend it and shall comply with division	2502
(A)(3) of this section upon becoming aware of the arrest, charge,	2503
or protection order. Upon suspending the license or temporary	2504
emergency license, the sheriff also shall comply with division (H)	2505
of section 2923.125 of the Revised Code.	2506

(b) A suspension under division (A)(1)(a) of this section	2507
shall be considered as beginning on the date that the licensee is	2508
arrested for or otherwise charged with an offense described in	2509
that division or on the date the appropriate court issued the	2510
protection order described in that division, irrespective of when	2511
the sheriff notifies the licensee under division (A)(3) of this	2512
section. The suspension shall end on the date on which the charges	2513
are dismissed or the licensee is found not guilty of the offense	2514
described in division (A)(1)(a) of this section or, subject to	2515
division (B) of this section, on the date the appropriate court	2516
terminates the protection order described in that division. If the	2517
suspension so ends, the sheriff shall return the license or	2518
temporary emergency license to the licensee.	2519

(2)(a) If a licensee holding a valid concealed handgun	2520
license issued under section 2923.125 or 2923.1213 of the Revised	2521
Code is convicted of or pleads guilty to a misdemeanor violation	2522
of division (B)(1), (2), or (4) of section 2923.12 of the Revised	2523
Code or of division (E)(1), (2), (3), or (5) of section 2923.16 of	2524
the Revised Code, except as provided in division (A)(2)(c) of this	2525
section and subject to division (C) of this section, the sheriff	2526
who issued the license or temporary emergency license shall	2527
suspend it and shall comply with division (A)(3) of this section	2528
upon becoming aware of the conviction or guilty plea. Upon	2529
suspending the license or temporary emergency license, the sheriff	2530
also shall comply with division (H) of section 2923.125 of the	2531
Revised Code.	2532

(b) A suspension under division (A)(2)(a) of this section	2533
shall be considered as beginning on the date that the licensee is	2534
convicted of or pleads guilty to the offense described in that	2535
division, irrespective of when the sheriff notifies the licensee	2536
under division (A)(3) of this section. If the suspension is	2537
imposed for a misdemeanor violation of division (B)(1) or (2) of	2538
section 2923.12 of the Revised Code or of division (E)(1), (2), or	2539
(3) of section 2923.16 of the Revised Code, it shall end on the	2540
date that is one year after the date that the licensee is	2541
convicted of or pleads guilty to that violation. If the suspension	2542
is imposed for a misdemeanor violation of division (B)(4) of	2543
section 2923.12 of the Revised Code or of division (E)(5) of	2544
section 2923.16 of the Revised Code, it shall end on the date that	2545
is two years after the date that the licensee is convicted of or	2546
pleads guilty to that violation. If the licensee's license was	2547
issued under section 2923.125 of the Revised Code and the license	2548
remains valid after the suspension ends as described in this	2549
division, when the suspension ends, the sheriff shall return the	2550
license to the licensee. If the licensee's license was issued	2551
under section 2923.125 of the Revised Code and the license expires	2552
before the suspension ends as described in this division, or if	2553
the licensee's license was issued under section 2923.1213 of the	2554
Revised Code, the licensee is not eligible to apply for a new	2555
license under section 2923.125 or 2923.1213 of the Revised Code or	2556
to renew the license under section 2923.125 of the Revised Code	2557
until after the suspension ends as described in this division.	2558

(c) The license of a licensee who is convicted of or pleads	2559
guilty to a violation of division (B)(1) of section 2923.12 or	2560
division (E)(1) or (2) of section 2923.16 of the Revised Code	2561
shall not be suspended pursuant to division (A)(2)(a) of this	2562
section if, at the time of the stop of the licensee for a law	2563
enforcement purpose, for a traffic stop, or for a purpose defined	2564
in section 5503.34 of the Revised Code that was the basis of the	2565
violation, any law enforcement officer involved with the stop or	2566
the employee of the motor carrier enforcement unit who made the	2567
stop had actual knowledge of the licensee's status as a licensee.	2568

(3) Upon becoming aware of an arrest, charge, or protection	2569
order described in division (A)(1)(a) of this section with respect	2570
to a licensee who was issued a concealed handgun license under	2571
section 2923.125 or 2923.1213 of the Revised Code, or a conviction	2572
of or plea of guilty to a misdemeanor offense described in	2573
division (A)(2)(a) of this section with respect to a licensee who	2574
was issued a concealed handgun license under either section and	2575
with respect to which division (A)(2)(c) of this section does not	2576
apply, subject to division (C) of this section, the sheriff who	2577
issued the licensee's license or temporary emergency license to	2578
carry a concealed handgun shall notify the licensee, by certified	2579
mail, return receipt requested, at the licensee's last known	2580
residence address that the license or temporary emergency license	2581
has been suspended and that the licensee is required to surrender	2582
the license or temporary emergency license at the sheriff's office	2583
within ten days of the date on which the notice was mailed. If the	2584
suspension is pursuant to division (A)(2) of this section, the	2585
notice shall identify the date on which the suspension ends.	2586

(B)(1) A sheriff who issues a concealed handgun license or	2587
temporary emergency license to carry a concealed handgun to a	2588
licensee under section 2923.125 or 2923.1213 of the Revised Code	2589
shall revoke the license or temporary emergency license in	2590
accordance with division (B)(2) of this section upon becoming	2591
aware that the licensee satisfies any of the following:	2592

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

2593

(b) Subject to division (C) of this section, at the time of	2594
the issuance of the license or temporary emergency license, the	2595
licensee did not satisfy the eligibility requirements of division	2596
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	2597
Revised Code.	2598

(c) Subject to division (C) of this section, on or after the	2599
date on which the license or temporary emergency license was	2600
issued, the licensee is convicted of or pleads guilty to a	2601
violation of section 2923.15 of the Revised Code or an offense	2602
described in division (D)(1)(e), (f), (g), or (h) of section	2603
2923.125 of the Revised Code.	2604

(d) On or after the date on which the license or temporary	2605
emergency license was issued, the licensee becomes subject to a	2606
civil protection order or to a protection order issued by a court	2607
of another state that is substantially equivalent to a civil	2608
protection order.	2609

(e) The licensee knowingly carries a concealed handgun into a	2610
place that the licensee knows is an unauthorized place specified	2611
in division (B) of section 2923.126 of the Revised Code.	2612

(f) On or after the date on which the license or temporary	2613
emergency license was issued, the licensee is adjudicated as a	2614
mental defective or is committed to a mental institution.	2615

(g) At the time of the issuance of the license or temporary	2616
emergency license, the licensee did not meet the residency	2617
requirements described in division (D)(1) of section 2923.125 of	2618
the Revised Code and currently does not meet the residency	2619
requirements described in that division.	2620

(h) Regarding a license issued under section 2923.125 of the	2621
Revised Code, the competency certificate the licensee submitted	2622
was forged or otherwise was fraudulent.	2623

(2) Upon becoming aware of any circumstance listed in	2624
division (B)(1) of this section that applies to a particular	2625
licensee who was issued a concealed handgun license under section	2626
2923.125 or 2923.1213 of the Revised Code, subject to division (C)	2627
of this section, the sheriff who issued the license or temporary	2628
emergency license to carry a concealed handgun to the licensee	2629
shall notify the licensee, by certified mail, return receipt	2630
requested, at the licensee's last known residence address that the	2631
license or temporary emergency license is subject to revocation	2632
and that the licensee may come to the sheriff's office and contest	2633
the sheriff's proposed revocation within fourteen days of the date	2634
on which the notice was mailed. After the fourteen-day period and	2635
after consideration of any information that the licensee provides	2636
during that period, if the sheriff determines on the basis of the	2637
information of which the sheriff is aware that the licensee is	2638
described in division (B)(1) of this section and no longer	2639
satisfies the requirements described in division (D)(1) of section	2640
2923.125 of the Revised Code that are applicable to the licensee's	2641
type of license, the sheriff shall revoke the license or temporary	2642
emergency license, notify the licensee of that fact, and require	2643
the licensee to surrender the license or temporary emergency	2644
license. Upon revoking the license or temporary emergency license,	2645
the sheriff also shall comply with division (H) of section	2646
2923.125 of the Revised Code.	2647

(C) If a sheriff who issues a license or temporary emergency	2648
license to carry a concealed handgun license to a licensee under	2649
section 2923.125 or 2923.1213 of the Revised Code becomes aware	2650
that at the time of the issuance of the license or temporary	2651
emergency license the licensee had been convicted of or pleaded	2652
guilty to an offense identified in division (D)(1)(e), (f), or (h)	2653
of section 2923.125 of the Revised Code or had been adjudicated a	2654
delinquent child for committing an act or violation identified in	2655
any of those divisions or becomes aware that on or after the date	2656
on which the license or temporary emergency license was issued the	2657
licensee has been convicted of or pleaded guilty to an offense	2658
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	2659
sheriff shall not consider that conviction, guilty plea, or	2660
adjudication as having occurred for purposes of divisions (A)(2),	2661
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	2662
the sealing or expungement of the records of that conviction,	2663
guilty plea, or adjudication pursuant to sections 2151.355 to	2664
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	2665
court has granted the licensee relief pursuant to section 2923.14	2666
of the Revised Code from the disability imposed pursuant to	2667
section 2923.13 of the Revised Code relative to that conviction,	2668
guilty plea, or adjudication.	2669

(D) As used in this section, "motor carrier enforcement unit"	2670
has the same meaning as in section 2923.16 of the Revised Code.	2671

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	2672
bureau of criminal identification and investigation, the employees	2673
of the bureau, the Ohio peace officer training commission, or the	2674
employees of the commission make a good faith effort in performing	2675
the duties imposed upon the sheriff, the superintendent, the	2676
bureau's employees, the commission, or the commission's employees	2677
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	2678
Revised Code, in addition to the personal immunity provided by	2679
section 9.86 of the Revised Code or division (A)(6) of section	2680
2744.03 of the Revised Code and the governmental immunity of	2681
sections 2744.02 and 2744.03 of the Revised Code and in addition	2682
to any other immunity possessed by the bureau, the commission, and	2683
their employees, the sheriff, the sheriff's office, the county in	2684
which the sheriff has jurisdiction, the bureau, the superintendent	2685
of the bureau, the bureau's employees, the commission, and the	2686
commission's employees are immune from liability in a civil action	2687
for injury, death, or loss to person or property that allegedly	2688
was caused by or related to any of the following:	2689

(a) The issuance, renewal, suspension, or revocation of a	2690
license to carry a concealed handgun or the issuance, suspension,	2691
or revocation of a temporary emergency license to carry a	2692
concealed handgun license;	2693

(b) The failure to issue, renew, suspend, or revoke a license	2694
to carry a concealed handgun or the failure to issue, suspend, or	2695
revoke a temporary emergency license to carry a concealed handgun	2696
license;	2697

(c) Any action or misconduct with a handgun committed by a	2698
licensee.	2699

(2) Any action of a sheriff relating to the issuance,	2700
renewal, suspension, or revocation of a license to carry a	2701
concealed handgun or the issuance, suspension, or revocation of a	2702
temporary emergency license to carry a concealed handgun license	2703
shall be considered to be a governmental function for purposes of	2704
Chapter 2744. of the Revised Code.	2705

(3) An entity that or instructor who provides a competency	2706
certification of a type described in division (B)(3) of section	2707
2923.125 of the Revised Code is immune from civil liability that	2708
might otherwise be incurred or imposed for any death or any injury	2709
or loss to person or property that is caused by or related to a	2710
person to whom the entity or instructor has issued the competency	2711
certificate if all of the following apply:	2712

(a) The alleged liability of the entity or instructor relates	2713
to the training provided in the course, class, or program covered	2714
by the competency certificate.	2715

(b) The entity or instructor makes a good faith effort in	2716
determining whether the person has satisfactorily completed the	2717
course, class, or program and makes a good faith effort in	2718
assessing the person in the competency examination conducted	2719
pursuant to division (G)(2) of section 2923.125 of the Revised	2720
Code.	2721

(c) The entity or instructor did not issue the competency	2722
certificate with malicious purpose, in bad faith, or in a wanton	2723
or reckless manner.	2724

(4) An entity that or instructor who, prior to the effective	2725
date of this amendment, provides a renewed competency	2726
certification of a type described in division (G)(4) of section	2727
2923.125 of the Revised Code as it existed prior to the effective	2728
date of this amendment is immune from civil liability that might	2729
otherwise be incurred or imposed for any death or any injury or	2730
loss to person or property that is caused by or related to a	2731
person to whom the entity or instructor has issued the renewed	2732
competency certificate if all of the following apply:	2733

(a) The entity or instructor makes a good faith effort in	2734
assessing the person in the physical demonstrations or the	2735
competency examination conducted pursuant to division (G)(4) of	2736
section 2923.125 of the Revised Code as it existed prior to the	2737
effective date of this amendment.	2738

(b) The entity or instructor did not issue the renewed	2739
competency certificate with malicious purpose, in bad faith, or in	2740
a wanton or reckless manner.	2741

(5) A law enforcement agency that employs a peace officer is	2742
immune from liability in a civil action to recover damages for	2743
injury, death, or loss to person or property allegedly caused by	2744
any act of that peace officer if the act occurred while the peace	2745
officer carried a concealed handgun and was off duty and if the	2746
act allegedly involved the peace officer's use of the concealed	2747
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	2748
Code apply to any civil action involving a peace officer's use of	2749
a concealed handgun in the performance of the peace officer's	2750
official duties while the peace officer is off duty.	2751

(B)(1) Notwithstanding section 149.43 of the Revised Code,	2752
except as provided in division (B)(2) of this section, the records	2753
that a sheriff keeps relative to the issuance, renewal,	2754
suspension, or revocation of a license to carry a concealed	2755
handgun or the issuance, suspension, or revocation of a temporary	2756
emergency license to carry a concealed handgun license, including,	2757
but not limited to, completed applications for the issuance or	2758
renewal of a license, completed affidavits submitted regarding an	2759
application for a license on a temporary emergency licensebasis,	2760
reports of criminal records checks and incompetency records checks	2761
under section 311.41 of the Revised Code, and applicants' social	2762
security numbers and fingerprints that are obtained under division	2763
(A) of section 311.41 of the Revised Code, are confidential and	2764
are not public records. Except as provided in division (B)(2) of	2765
this section, no person shall release or otherwise disseminate	2766
records that are confidential under this division unless required	2767
to do so pursuant to a court order.	2768

(2)(a) A journalist, on or after April 8, 2004, may submit to	2769
a sheriff a signed, written request to view the name, county of	2770
residence, and date of birth of each person to whom the sheriff	2771
has issued a license or replacement license to carry a concealed	2772
handgun, renewed a license to carry a concealed handgun, or issued	2773
a temporary emergency license or replacement temporary emergency	2774
license to carry, renewed, or issued a replacement for a concealed	2775
handgun under section 2923.125 or 2923.1213 of the Revised Code	2776
license, or a signed, written request to view the name, county of	2777
residence, and date of birth of each person for whom the sheriff	2778
has suspended or revoked a license to carry a concealed handgun	2779
or a temporary emergency license to carry a concealed handgun	2780
under section 2923.128 of the Revised Codelicense. The request	2781
shall include the journalist's name and title, shall include the	2782
name and address of the journalist's employer, and shall state	2783
that disclosure of the information sought would be in the public	2784
interest. If a journalist submits a signed, written request to the	2785
sheriff to view the information described in this division, the	2786
sheriff shall grant the journalist's request. The journalist shall	2787
not copy the name, county of residence, or date of birth of each	2788
person to or for whom the sheriff has issued, suspended, or	2789
revoked a license described in this division.	2790

(b) As used in division (B)(2) of this section, "journalist"	2791
means a person engaged in, connected with, or employed by any news	2792
medium, including a newspaper, magazine, press association, news	2793
agency, or wire service, a radio or television station, or a	2794
similar medium, for the purpose of gathering, processing,	2795
transmitting, compiling, editing, or disseminating information for	2796
the general public.	2797

(C) Each sheriff shall report to the Ohio peace officer	2798
training commission the number of licenses to carry a concealed	2799
handgun licenses that the sheriff issued, renewed, suspended,	2800
revoked, or denied under section 2923.125 of the Revised Code	2801
during the previous quarter of the calendar year, the number of	2802
applications for those licenses for which processing was suspended	2803
in accordance with division (D)(3) of section 2923.125 of the	2804
Revised Code during the previous quarter of the calendar year, and	2805
the number of concealed handgun licenses on a temporary emergency	2806
licenses to carry a concealed handgunbasis that the sheriff	2807
issued, suspended, revoked, or denied under section 2923.1213 of	2808
the Revised Code during the previous quarter of the calendar year.	2809
The sheriff shall not include in the report the name or any other	2810
identifying information of an applicant or licensee. The sheriff	2811
shall report that information in a manner that permits the	2812
commission to maintain the statistics described in division (D)(C)	2813
of section 109.731 of the Revised Code and to timely prepare the	2814
statistical report described in that division. The information	2815
that is received by the commission under this division is a public	2816
record kept by the commission for the purposes of section 149.43	2817
of the Revised Code.	2818

(D) Law enforcement agencies may use the information a	2819
sheriff makes available through the use of the law enforcement	2820
automated data system pursuant to division (H) of section 2923.125	2821
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	2822
for law enforcement purposes only. The information is confidential	2823
and is not a public record. A person who releases or otherwise	2824
disseminates this information obtained through the law enforcement	2825
automated data system in a manner not described in this division	2826
is guilty of a violation of section 2913.04 of the Revised Code.	2827

(E) Whoever violates division (B) of this section is guilty	2828
of illegal release of confidential concealed handgun license	2829
records, a felony of the fifth degree. In addition to any	2830
penalties imposed under Chapter 2929. of the Revised Code for a	2831
violation of division (B) of this section or a violation of	2832
section 2913.04 of the Revised Code described in division (D) of	2833
this section, if the offender is a sheriff, an employee of a	2834
sheriff, or any other public officer or employee, and if the	2835
violation was willful and deliberate, the offender shall be	2836
subject to a civil fine of one thousand dollars. Any person who is	2837
harmed by a violation of division (B) or (C) of this section or a	2838
violation of section 2913.04 of the Revised Code described in	2839
division (D) of this section has a private cause of action against	2840
the offender for any injury, death, or loss to person or property	2841
that is a proximate result of the violation and may recover court	2842
costs and attorney's fees related to the action.	2843

Sec. 2923.1210.  The application for a license to carry a	2844
concealed handgun license or for the renewal of a license of that	2845
nature that is to be used under section 2923.125 of the Revised	2846
Code shall conform substantially to the following forms:	2847

"Ohio Peace Officer Training Commission		APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN				2848
		Please Type or Print in Ink				2849

SECTION I.				2850
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.				2851

SECTION II.	2852

Name:	2853

Last		First		Middle		2854
						2855

Social Security Number: ...............................	2856

Current Residence:	2857

Street	City	State	County	Zip		2858
............	............	............	...........	............		2859

Mailing Address (If Different From Above):	2860

Street	City	State	Zip		2861
............	............	............	..............		2862

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2863
...../..../....		............		....		.....		(...).........		2864

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2865

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2866
(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		2867
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2868
(3) Are you a fugitive from justice?		.... YES		.... NO		2869
(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		2870
(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		2871
(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		2872
(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		2873
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2874
(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		2875
(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		2876
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2877
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2878
(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		2879
(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		2880

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	2881
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	2882
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU	2883
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR	2884
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,	2885
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED	2886
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2887
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2888
AT THE END OF THIS SECTION.	2889

Residence 1:	2890

Street	City	State	County	Zip		2891
..........	..........	..........	..........	..........		2892
Dates of residence at this address				2893

Residence 2:	2894

Street	City	State	County	Zip		2895
..........	..........	..........	..........	..........		2896
Dates of residence at this address				2897

Residence 3:	2898

Street	City	State	County	Zip		2899
..........	..........	..........	..........	..........		2900
Dates of residence at this address				2901

Residence 4:	2902

Street	City	State	County	Zip		2903
..........	..........	..........	..........	..........		2904
Dates of residence at this address				2905

SECTION V.	2906

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	2907
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	2908
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	2909
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	2910
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	2911
AT THE END OF THIS SECTION.	2912

(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

2913

(2) If your answer to the question in part (1) of this section of	2914
the application is "yes," you must complete this part by listing	2915
each county in Ohio, and each other state, in which you previously	2916
applied for either type of a license and, to the best of your	2917
knowledge, the date on which you made the application.	2918

Previous application made in .............. (insert name of Ohio	2919
county or other state) on ............... (insert date of	2920
application.)	2921

Previous application made in .............. (insert name of Ohio	2922
county or other state) on ............... (insert date of	2923
application.)	2924

Previous application made in .............. (insert name of Ohio	2925
county or other state) on ............... (insert date of	2926
application.)	2927

Previous application made in .............. (insert name of Ohio	2928
county or other state) on ............... (insert date of	2929
application.)	2930

SECTION VI.	2931

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	2932
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	2933
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	2934
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	2935
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	2936

(1) I have read the pamphlet that explains the Ohio firearms laws,	2937
that provides instruction in dispute resolution and explains	2938
the Ohio laws related to that matter, and that provides	2939
information regarding all aspects of the use of deadly force	2940
with a firearm, and I am knowledgeable of the provisions of	2941
those laws and of the information on those matters.	2942

(2) I desire a legal means to carry a concealed handgun for	2943
defense of myself or a member of my family while engaged in	2944
lawful activity.	2945

(3) I have never been convicted of or pleaded guilty to a crime of	2946
violence in the state of Ohio or elsewhere (if you have been	2947
convicted of or pleaded guilty to such a crime, but the	2948
records of that conviction or guilty plea have been sealed or	2949
expunged by court order or a court has granted relief	2950
pursuant to section 2923.14 of the Revised Code from the	2951
disability imposed pursuant to section 2923.13 of the Revised	2952
Code relative to that conviction or guilty plea, you may	2953
treat the conviction or guilty plea for purposes of this	2954
paragraph as if it never had occurred). I am of sound mind. I	2955
hereby certify that the statements contained herein are true	2956
and correct to the best of my knowledge and belief. I	2957
understand that if I knowingly make any false statements	2958
herein I am subject to penalties prescribed by law. I	2959
authorize the sheriff or the sheriff's designee to inspect	2960
only those records or documents relevant to information	2961
required for this application.	2962

(4) The information contained in this application and all attached	2963
documents are true and correct to the best of my knowledge.	2964

			2965
	Signature of Applicant"		2966

"Ohio Peace Officer Training Commission		APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN				2967
		Please Type or Print in Ink				2968

SECTION I.				2969
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.				2970

SECTION II.	2971

Name:	2972

Last		First		Middle		2973
						2974

Social Security Number: ...............................	2975

Current Residence:	2976

Street	City	State	County	Zip		2977
............	............	............	...........	............		2978

Mailing Address (If Different From Above):	2979

Street	City	State	Zip		2980
............	............	............	..............		2981

Date of Birth		Place of Birth		Sex		Race		Residence Telephone		2982
...../..../....		............		....		.....		(...).........		2983

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO	2984

(1)(a) Are you legally living in the United States?		.... YES		.... NO		2985
(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		2986
(2) Are you at least twenty-one years of age?		.... YES		.... NO		2987
(3) Are you a fugitive from justice?		.... YES		.... NO		2988
(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		2989
(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		2990
(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		2991
(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		2992
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault?		.... YES		.... NO		2993
(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		2994
(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		2995
(9)(a) Have you ever been adjudicated as a mental defective?		.... YES		.... NO		2996
(b) Have you ever been committed to a mental institution?		.... YES		.... NO		2997
(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		2998
(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		2999

SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY	3000
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH	3001
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST	3002
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU	3003
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II	3004
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE	3005
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET	3006
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND	3007
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.	3008

Residence 1:	3009

Street	City	State	County	Zip		3010
..........	..........	..........	..........	..........		3011
Dates of residence at this address				3012

Residence 2:	3013

Street	City	State	County	Zip		3014
..........	..........	..........	..........	..........		3015
Dates of residence at this address				3016

Residence 3:	3017

Street	City	State	County	Zip		3018
..........	..........	..........	..........	..........		3019
Dates of residence at this address				3020

Residence 4:	3021

Street	City	State	County	Zip		3022
..........	..........	..........	..........	..........		3023
Dates of residence at this address				3024

SECTION V.	3025

YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE	3026
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS	3027
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU	3028
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT	3029
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT	3030
AT THE END OF THIS SECTION.	3031

(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

3032

(2) If your answer to the question in part (1) of this section of	3033
the application is "yes," you must complete this part by listing	3034
each county in Ohio, and each other state, in which you previously	3035
applied for either type of a license and, to the best of your	3036
knowledge, the date on which you made the application.	3037

Previous application made in .............. (insert name of Ohio	3038
county or other state) on ............... (insert date of	3039
application.)	3040

Previous application made in .............. (insert name of Ohio	3041
county or other state) on ............... (insert date of	3042
application.)	3043

Previous application made in .............. (insert name of Ohio	3044
county or other state) on ............... (insert date of	3045
application.)	3046

Previous application made in .............. (insert name of Ohio	3047
county or other state) on ............... (insert date of	3048
application.)	3049

SECTION VI.	3050

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR	3051
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE	3052
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A	3053
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN	3054
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.	3055

(1) I have read the pamphlet that explains the Ohio firearms laws,	3056
that provides instruction in dispute resolution and explains	3057
the Ohio laws related to that matter, and that provides	3058
information regarding all aspects of the use of deadly force	3059
with a firearm, and I am knowledgeable of the provisions of	3060
those laws and of the information on those matters.	3061

(2) I desire a legal means to carry a concealed handgun for	3062
defense of myself or a member of my family while engaged in	3063
lawful activity.	3064

(3) I have never been convicted of or pleaded guilty to a crime of	3065
violence in the state of Ohio or elsewhere (if you have been	3066
convicted of or pleaded guilty to such a crime, but the	3067
records of that conviction or guilty plea have been sealed or	3068
expunged by court order or a court has granted relief	3069
pursuant to section 2923.14 of the Revised Code from the	3070
disability imposed pursuant to section 2923.13 of the Revised	3071
Code relative to that conviction or guilty plea, you may	3072
treat the conviction or guilty plea for purposes of this	3073
paragraph as if it never had occurred). I am of sound mind. I	3074
hereby certify that the statements contained herein are true	3075
and correct to the best of my knowledge and belief. I	3076
understand that if I knowingly make any false statements	3077
herein I am subject to penalties prescribed by law. I	3078
authorize the sheriff or the sheriff's designee to inspect	3079
only those records or documents relevant to information	3080
required for this application.	3081

(4) The information contained in this application and all attached	3082
documents are true and correct to the best of my knowledge.	3083

			3084
	Signature of Applicant"		3085

Sec. 2923.1211.  (A) No person shall alter a license or	3086
temporary emergency license to carry a concealed handgun that was	3087
issued pursuant to section 2923.125 or 2923.1213 of the Revised	3088
Codelicense or create a fictitious document that purports to be a	3089
license of that nature.	3090

(B) No person, except in the performance of official duties,	3091
shall possess a license to carry a concealed handgun license that	3092
was issued and that has been revoked or suspended pursuant to	3093
section 2923.128 of the Revised Code or a temporary emergency	3094
license to carry a concealed handgun that was issued and that has	3095
been revoked pursuant to section 2923.1213 of the Revised Code.	3096

(C) Whoever violates division (A) of this section is guilty	3097
of falsification of a concealed handgun license, a felony of the	3098
fifth degree. Whoever violates division (B) of this section is	3099
guilty of possessing a revoked or suspended concealed handgun	3100
license, a misdemeanor of the third degree.	3101

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

3102

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

3103

(a) A statement sworn by the person seeking to carry a	3104
concealed handgun that is made under threat of perjury and that	3105
states that the person has reasonable cause to fear a criminal	3106
attack upon the person or a member of the person's family, such as	3107
would justify a prudent person in going armed;	3108

(b) A written document prepared by a governmental entity or	3109
public official describing the facts that give the person seeking	3110
to carry a concealed handgun reasonable cause to fear a criminal	3111
attack upon the person or a member of the person's family, such as	3112
would justify a prudent person in going armed. Written documents	3113
of this nature include, but are not limited to, any temporary	3114
protection order, civil protection order, protection order issued	3115
by another state, or other court order, any court report, and any	3116
report filed with or made by a law enforcement agency or	3117
prosecutor.	3118

(2) "Prosecutor" has the same meaning as in section 2935.01	3119
of the Revised Code.	3120

(B)(1) A person seeking a temporary emergency license to	3121
carry a concealed handgun license on a temporary emergency basis	3122
shall submit to the sheriff of the county in which the person	3123
resides all of the following:	3124

(a) Evidence of imminent danger to the person or a member of	3125
the person's family;	3126

(b) A sworn affidavit that contains all of the information	3127
required to be on the license and attesting that the person is	3128
legally living in the United States; is at least twenty-one years	3129
of age; is not a fugitive from justice; is not under indictment	3130
for or otherwise charged with an offense identified in division	3131
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	3132
convicted of or pleaded guilty to an offense, and has not been	3133
adjudicated a delinquent child for committing an act, identified	3134
in division (D)(1)(e) of that section and to which division (B)(3)	3135
of this section does not apply; within three years of the date of	3136
the submission, has not been convicted of or pleaded guilty to an	3137
offense, and has not been adjudicated a delinquent child for	3138
committing an act, identified in division (D)(1)(f) of that	3139
section and to which division (B)(3) of this section does not	3140
apply; within five years of the date of the submission, has not	3141
been convicted of, pleaded guilty, or adjudicated a delinquent	3142
child for committing two or more violations identified in division	3143
(D)(1)(g) of that section; within ten years of the date of the	3144
submission, has not been convicted of, pleaded guilty, or	3145
adjudicated a delinquent child for committing a violation	3146
identified in division (D)(1)(h) of that section and to which	3147
division (B)(3) of this section does not apply; has not been	3148
adjudicated as a mental defective, has not been committed to any	3149
mental institution, is not under adjudication of mental	3150
incompetence, has not been found by a court to be a mentally ill	3151
person subject to hospitalization by court order, and is not an	3152
involuntary patient other than one who is a patient only for	3153
purposes of observation, as described in division (D)(1)(i) of	3154
that section; is not currently subject to a civil protection	3155
order, a temporary protection order, or a protection order issued	3156
by a court of another state, as described in division (D)(1)(j) of	3157
that section; and is not currently subject to a suspension imposed	3158
under division (A)(2) of section 2923.128 of the Revised Code of a	3159
license to carry a concealed handgun, or a temporary emergency	3160
license to carry a concealed handgun,license that previously was	3161
issued to the person;	3162

(c) A nonrefundable temporary emergency license fee as	3163
described in either of the following:	3164

(i) For an applicant who has been a resident of this state	3165
for five or more years, a fee of fifteen dollars plus the actual	3166
cost of having a background check performed by the bureau of	3167
criminal identification and investigation pursuant to section	3168
311.41 of the Revised Code;	3169

(ii) For an applicant who has been a resident of this state	3170
for less than five years, a fee of fifteen dollars plus the actual	3171
cost of having background checks performed by the federal bureau	3172
of investigation and the bureau of criminal identification and	3173
investigation pursuant to section 311.41 of the Revised Code.	3174

(d) A set of fingerprints of the applicant provided as	3175
described in section 311.41 of the Revised Code through use of an	3176
electronic fingerprint reading device or, if the sheriff to whom	3177
the application is submitted does not possess and does not have	3178
ready access to the use of an electronic fingerprint reading	3179
device, on a standard impression sheet prescribed pursuant to	3180
division (C)(2) of section 109.572 of the Revised Code. If the	3181
fingerprints are provided on a standard impression sheet, the	3182
person also shall provide the person's social security number to	3183
the sheriff.	3184

(2) A sheriff shall accept the evidence of imminent danger,	3185
the sworn affidavit, the fee, and the set of fingerprints required	3186
under division (B)(1) of this section at the times and in the	3187
manners described in division (I) of this section. Upon receipt of	3188
the evidence of imminent danger, the sworn affidavit, the fee, and	3189
the set of fingerprints required under division (B)(1) of this	3190
section, the sheriff, in the manner specified in section 311.41 of	3191
the Revised Code, immediately shall conduct or cause to be	3192
conducted the criminal records check and the incompetency records	3193
check described in section 311.41 of the Revised Code. Immediately	3194
upon receipt of the results of the records checks, the sheriff	3195
shall review the information and shall determine whether the	3196
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	3197
section 2923.125 of the Revised Code apply regarding the person.	3198
If the sheriff determines that all of criteria set forth in	3199
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	3200
Revised Code apply regarding the person, the sheriff shall	3201
immediately make available through the law enforcement automated	3202
data system all information that will be contained on the	3203
temporary emergency license for the person if one is issued, and	3204
the superintendent of the state highway patrol shall ensure that	3205
the system is so configured as to permit the transmission through	3206
the system of that information. Upon making that information	3207
available through the law enforcement automated data system, the	3208
sheriff shall immediately issue to the person a temporary	3209
emergency license to carry a concealed handgun license on a	3210
temporary emergency basis.	3211

If the sheriff denies the issuance of a temporary emergency	3212
license on a temporary emergency basis to the person, the sheriff	3213
shall specify the grounds for the denial in a written notice to	3214
the person. The person may appeal the denial, or challenge	3215
criminal records check results that were the basis of the denial	3216
if applicable, in the same manners specified in division (D)(2) of	3217
section 2923.125 and in section 2923.127 of the Revised Code,	3218
regarding the denial of an application for a license to carry a	3219
concealed handgun license under that section.	3220

The temporary emergency license on a temporary emergency	3221
basis issued under this division shall be in the form, and shall	3222
include all of the information, described in divisions (A)(2) and	3223
(5) of section 109.731 of the Revised Code, and also shall include	3224
a unique combination of identifying letters and numbers in	3225
accordance with division (A)(4) of that section.	3226

The temporary emergency license on a temporary emergency	3227
basis issued under this division is valid for ninety days and may	3228
not be renewed. A person who has been issued a temporary emergency	3229
license on a temporary emergency basis under this division shall	3230
not be issued another temporary emergency license on a temporary	3231
emergency basis unless at least four years has expired since the	3232
issuance of the prior temporary emergency license on a temporary	3233
emergency basis.	3234

(3) If a person seeking a temporary emergency license to	3235
carry a concealed handgun license on a temporary emergency basis	3236
has been convicted of or pleaded guilty to an offense identified	3237
in division (D)(1)(e), (f), or (h) of section 2923.125 of the	3238
Revised Code or has been adjudicated a delinquent child for	3239
committing an act or violation identified in any of those	3240
divisions, and if a court has ordered the sealing or expungement	3241
of the records of that conviction, guilty plea, or adjudication	3242
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	3243
2953.36 of the Revised Code or a court has granted the applicant	3244
relief pursuant to section 2923.14 of the Revised Code from the	3245
disability imposed pursuant to section 2923.13 of the Revised Code	3246
relative to that conviction, guilty plea, or adjudication, the	3247
conviction, guilty plea, or adjudication shall not be relevant for	3248
purposes of the sworn affidavit described in division (B)(1)(b) of	3249
this section, and the person may complete, and swear to the truth	3250
of, the affidavit as if the conviction, guilty plea, or	3251
adjudication never had occurred.	3252

(4) The sheriff shall waive the payment pursuant to division	3253
(B)(1)(c) of this section of the license fee in connection with an	3254
application that is submitted by an applicant who is a retired	3255
peace officer, a retired person described in division (B)(1)(b) of	3256
section 109.77 of the Revised Code, or a retired federal law	3257
enforcement officer who, prior to retirement, was authorized under	3258
federal law to carry a firearm in the course of duty, unless the	3259
retired peace officer, person, or federal law enforcement officer	3260
retired as the result of a mental disability.	3261

The sheriff shall deposit all fees paid by an applicant under	3262
division (B)(1)(c) of this section into the sheriff's concealed	3263
handgun license issuance fund established pursuant to section	3264
311.42 of the Revised Code.	3265

(C) A person who holds a temporary emergency license to carry	3266
a concealed handgun license on a temporary emergency basis has the	3267
same right to carry a concealed handgun as a person who was issued	3268
a license to carry a concealed handgun license under section	3269
2923.125 of the Revised Code, and any exceptions to the	3270
prohibitions contained in section 1547.69 and sections 2923.12 to	3271
2923.16 of the Revised Code for a licensee under section 2923.125	3272
of the Revised Code apply to a licensee under this section. The	3273
person is subject to the same restrictions, and to all other	3274
procedures, duties, and sanctions, that apply to a person who	3275
carries a license issued under section 2923.125 of the Revised	3276
Code, other than the license renewal procedures set forth in that	3277
section.	3278

(D) A sheriff who issues a temporary emergency license to	3279
carry a concealed handgun license on a temporary emergency basis	3280
under this section shall not require a person seeking to carry a	3281
concealed handgun in accordance with this section to submit a	3282
competency certificate as a prerequisite for issuing the license	3283
and shall comply with division (H) of section 2923.125 of the	3284
Revised Code in regards to the license. The sheriff shall suspend	3285
or revoke the license in accordance with section 2923.128 of the	3286
Revised Code. In addition to the suspension or revocation	3287
procedures set forth in section 2923.128 of the Revised Code, the	3288
sheriff may revoke the license upon receiving information,	3289
verifiable by public documents, that the person is not eligible to	3290
possess a firearm under either the laws of this state or of the	3291
United States or that the person committed perjury in obtaining	3292
the license; if the sheriff revokes a license under this	3293
additional authority, the sheriff shall notify the person, by	3294
certified mail, return receipt requested, at the person's last	3295
known residence address that the license has been revoked and that	3296
the person is required to surrender the license at the sheriff's	3297
office within ten days of the date on which the notice was mailed.	3298
Division (H) of section 2923.125 of the Revised Code applies	3299
regarding any suspension or revocation of a temporary emergency	3300
license to carry a concealed handgun license on a temporary	3301
emergency basis.	3302

(E) A sheriff who issues a temporary emergency license to	3303
carry a concealed handgun license on a temporary emergency basis	3304
under this section shall retain, for the entire period during	3305
which the temporary emergency license is in effect, the evidence	3306
of imminent danger that the person submitted to the sheriff and	3307
that was the basis for the license, or a copy of that evidence, as	3308
appropriate.	3309

(F) If a temporary emergency license to carry a concealed	3310
handgun license on a temporary emergency basis issued under this	3311
section is lost or is destroyed, the licensee may obtain from the	3312
sheriff who issued that license a duplicate license upon the	3313
payment of a fee of fifteen dollars and the submission of an	3314
affidavit attesting to the loss or destruction of the license. The	3315
sheriff, in accordance with the procedures prescribed in section	3316
109.731 of the Revised Code, shall place on the replacement	3317
license a combination of identifying numbers different from the	3318
combination on the license that is being replaced.	3319

(G) The Ohio peace officer training commission shall	3320
prescribe, and shall make available to sheriffs, a standard form	3321
to be used under division (B) of this section by a person who	3322
applies for a temporary emergency license to carry a concealed	3323
handgun license on a temporary emergency basis on the basis of	3324
imminent danger of a type described in division (A)(1)(a) of this	3325
section.	3326

(H) A sheriff who receives any fees paid by a person under	3327
this section shall deposit all fees so paid into the sheriff's	3328
concealed handgun license issuance expense fund established under	3329
section 311.42 of the Revised Code.	3330

(I) A sheriff shall accept evidence of imminent danger, a	3331
sworn affidavit, the fee, and the set of fingerprints specified in	3332
division (B)(1) of this section at any time during normal business	3333
hours. In no case shall a sheriff require an appointment, or	3334
designate a specific period of time, for the submission or	3335
acceptance of evidence of imminent danger, a sworn affidavit, the	3336
fee, and the set of fingerprints specified in division (B)(1) of	3337
this section, or for the provision to any person of a standard	3338
form to be used for a person to apply for a temporary emergency	3339
license to carry a concealed handgun license on a temporary	3340
emergency basis.	3341

Sec. 2923.16.  (A) No person shall knowingly discharge a	3342
firearm while in or on a motor vehicle.	3343

(B) No person shall knowingly transport or have a loaded	3344
firearm in a motor vehicle in such a manner that the firearm is	3345
accessible to the operator or any passenger without leaving the	3346
vehicle.	3347

(C) No person shall knowingly transport or have a firearm in	3348
a motor vehicle, unless the person may lawfully possess that	3349
firearm under applicable law of this state or the United States,	3350
the firearm is unloaded, and the firearm is carried in one of the	3351
following ways:	3352

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

3353

(2) In a compartment that can be reached only by leaving the	3354
vehicle;	3355

(3) In plain sight and secured in a rack or holder made for	3356
the purpose;	3357

(4) If the firearm is at least twenty-four inches in overall	3358
length as measured from the muzzle to the part of the stock	3359
furthest from the muzzle and if the barrel is at least eighteen	3360
inches in length, either in plain sight with the action open or	3361
the weapon stripped, or, if the firearm is of a type on which the	3362
action will not stay open or which cannot easily be stripped, in	3363
plain sight.	3364

(D) No person shall knowingly transport or have a loaded	3365
handgun in a motor vehicle if, at the time of that transportation	3366
or possession, any of the following applies:	3367

(1) The person is under the influence of alcohol, a drug of	3368
abuse, or a combination of them.	3369

(2) The person's whole blood, blood serum or plasma, breath,	3370
or urine contains a concentration of alcohol, a listed controlled	3371
substance, or a listed metabolite of a controlled substance	3372
prohibited for persons operating a vehicle, as specified in	3373
division (A) of section 4511.19 of the Revised Code, regardless of	3374
whether the person at the time of the transportation or possession	3375
as described in this division is the operator of or a passenger in	3376
the motor vehicle.	3377

(E) No person who has been issued a license or temporary	3378
emergency license to carry a concealed handgun under section	3379
2923.125 or 2923.1213 of the Revised Code or a license to carry a	3380
concealed handgun that was issued to the person by another state	3381
with which the attorney general has entered into a reciprocity	3382
agreement under section 109.69 of the Revised Codelicense, who is	3383
the driver or an occupant of a motor vehicle that is stopped as a	3384
result of a traffic stop or a stop for another law enforcement	3385
purpose or is the driver or an occupant of a commercial motor	3386
vehicle that is stopped by an employee of the motor carrier	3387
enforcement unit for the purposes defined in section 5503.34 of	3388
the Revised Code, and who is transporting or has a loaded handgun	3389
in the motor vehicle or commercial motor vehicle in any manner,	3390
shall do any of the following:	3391

(1) Fail to promptly inform any law enforcement officer who	3392
approaches the vehicle while stopped that the person has been	3393
issued a license or temporary emergency license to carry a	3394
concealed handgun license and that the person then possesses or	3395
has a loaded handgun in the motor vehicle;	3396

(2) Fail to promptly inform the employee of the unit who	3397
approaches the vehicle while stopped that the person has been	3398
issued a license or temporary emergency license to carry a	3399
concealed handgun license and that the person then possesses or	3400
has a loaded handgun in the commercial motor vehicle;	3401

(3) Knowingly fail to remain in the motor vehicle while	3402
stopped or knowingly fail to keep the person's hands in plain	3403
sight at any time after any law enforcement officer begins	3404
approaching the person while stopped and before the law	3405
enforcement officer leaves, unless the failure is pursuant to and	3406
in accordance with directions given by a law enforcement officer;	3407

(4) Knowingly have contact with the loaded handgun by	3408
touching it with the person's hands or fingers in the motor	3409
vehicle at any time after the law enforcement officer begins	3410
approaching and before the law enforcement officer leaves, unless	3411
the person removes, attempts to remove, grasps, holds, or has	3412
contact with the loaded handgun pursuant to and in accordance with	3413
directions given by the law enforcement officer;	3414

(5) Knowingly disregard or fail to comply with any lawful	3415
order of any law enforcement officer given while the motor vehicle	3416
is stopped, including, but not limited to, a specific order to the	3417
person to keep the person's hands in plain sight.	3418

(F)(1) Divisions (A), (B), (C), and (E) of this section do	3419
not apply to any of the following:	3420

(a) An officer, agent, or employee of this or any other state	3421
or the United States, or a law enforcement officer, when	3422
authorized to carry or have loaded or accessible firearms in motor	3423
vehicles and acting within the scope of the officer's, agent's, or	3424
employee's duties;	3425

(b) Any person who is employed in this state, who is	3426
authorized to carry or have loaded or accessible firearms in motor	3427
vehicles, and who is subject to and in compliance with the	3428
requirements of section 109.801 of the Revised Code, unless the	3429
appointing authority of the person has expressly specified that	3430
the exemption provided in division (F)(1)(b) of this section does	3431
not apply to the person.	3432

(2) Division (A) of this section does not apply to a person	3433
if all of the following circumstances apply:	3434

(a) The person discharges a firearm from a motor vehicle at a	3435
coyote or groundhog, the discharge is not during the deer gun	3436
hunting season as set by the chief of the division of wildlife of	3437
the department of natural resources, and the discharge at the	3438
coyote or groundhog, but for the operation of this section, is	3439
lawful.	3440

(b) The motor vehicle from which the person discharges the	3441
firearm is on real property that is located in an unincorporated	3442
area of a township and that either is zoned for agriculture or is	3443
used for agriculture.	3444

(c) The person owns the real property described in division	3445
(F)(2)(b) of this section, is the spouse or a child of another	3446
person who owns that real property, is a tenant of another person	3447
who owns that real property, or is the spouse or a child of a	3448
tenant of another person who owns that real property.	3449

(d) The person does not discharge the firearm in any of the	3450
following manners:	3451

(i) While under the influence of alcohol, a drug of abuse, or	3452
alcohol and a drug of abuse;	3453

(ii) In the direction of a street, highway, or other public	3454
or private property used by the public for vehicular traffic or	3455
parking;	3456

(iii) At or into an occupied structure that is a permanent or	3457
temporary habitation;	3458

(iv) In the commission of any violation of law, including,	3459
but not limited to, a felony that includes, as an essential	3460
element, purposely or knowingly causing or attempting to cause the	3461
death of or physical harm to another and that was committed by	3462
discharging a firearm from a motor vehicle.	3463

(3) Division (A) of this section does not apply to a person	3464
if all of the following apply:	3465

(a) The person possesses a valid electric-powered all-purpose	3466
vehicle permit issued under section 1533.103 of the Revised Code	3467
by the chief of the division of wildlife.	3468

(b) The person discharges a firearm at a wild quadruped or	3469
game bird as defined in section 1531.01 of the Revised Code during	3470
the open hunting season for the applicable wild quadruped or game	3471
bird.	3472

(c) The person discharges a firearm from a stationary	3473
electric-powered all-purpose vehicle as defined in section 1531.01	3474
of the Revised Code or a motor vehicle that is parked on a road	3475
that is owned or administered by the division of wildlife,	3476
provided that the road is identified by an electric-powered	3477
all-purpose vehicle sign.	3478

(d) The person does not discharge the firearm in any of the	3479
following manners:	3480

(i) While under the influence of alcohol, a drug of abuse, or	3481
alcohol and a drug of abuse;	3482

(ii) In the direction of a street, a highway, or other public	3483
or private property that is used by the public for vehicular	3484
traffic or parking;	3485

(iii) At or into an occupied structure that is a permanent or	3486
temporary habitation;	3487

(iv) In the commission of any violation of law, including,	3488
but not limited to, a felony that includes, as an essential	3489
element, purposely or knowingly causing or attempting to cause the	3490
death of or physical harm to another and that was committed by	3491
discharging a firearm from a motor vehicle.	3492

(4) Divisions (B) and (C) of this section do not apply to a	3493
person if all of the following circumstances apply:	3494

(a) At the time of the alleged violation of either of those	3495
divisions, the person is the operator of or a passenger in a motor	3496
vehicle.	3497

(b) The motor vehicle is on real property that is located in	3498
an unincorporated area of a township and that either is zoned for	3499
agriculture or is used for agriculture.	3500

(c) The person owns the real property described in division	3501
(D)(4)(b) of this section, is the spouse or a child of another	3502
person who owns that real property, is a tenant of another person	3503
who owns that real property, or is the spouse or a child of a	3504
tenant of another person who owns that real property.	3505

(d) The person, prior to arriving at the real property	3506
described in division (D)(4)(b) of this section, did not transport	3507
or possess a firearm in the motor vehicle in a manner prohibited	3508
by division (B) or (C) of this section while the motor vehicle was	3509
being operated on a street, highway, or other public or private	3510
property used by the public for vehicular traffic or parking.	3511

(5) Divisions (B) and (C) of this section do not apply to a	3512
person who transports or possesses a handgun in a motor vehicle	3513
if, at the time of that transportation or possession, both of the	3514
following apply:	3515

(a) The person transporting or possessing the handgun is	3516
carrying a valid license or temporary emergency license to carry a	3517
concealed handgun issued to the person under section 2923.125 or	3518
2923.1213 of the Revised Code or a license to carry a concealed	3519
handgun that was issued by another state with which the attorney	3520
general has entered into a reciprocity agreement under section	3521
109.69 of the Revised Codelicense.	3522

(b) The person transporting or possessing the handgun is not	3523
knowingly in a place described in division (B) of section 2923.126	3524
of the Revised Code.	3525

(6) Divisions (B) and (C) of this section do not apply to a	3526
person if all of the following apply:	3527

(a) The person possesses a valid electric-powered all-purpose	3528
vehicle permit issued under section 1533.103 of the Revised Code	3529
by the chief of the division of wildlife.	3530

(b) The person is on or in an electric-powered all-purpose	3531
vehicle as defined in section 1531.01 of the Revised Code or a	3532
motor vehicle during the open hunting season for a wild quadruped	3533
or game bird.	3534

(c) The person is on or in an electric-powered all-purpose	3535
vehicle as defined in section 1531.01 of the Revised Code or a	3536
motor vehicle that is parked on a road that is owned or	3537
administered by the division of wildlife, provided that the road	3538
is identified by an electric-powered all-purpose vehicle sign.	3539

(7) Nothing in this section prohibits or restricts a person	3540
from possessing, storing, or leaving a firearm in a locked motor	3541
vehicle that is parked in the state underground parking garage at	3542
the state capitol building or in the parking garage at the Riffe	3543
center for government and the arts in Columbus, if the person's	3544
transportation and possession of the firearm in the motor vehicle	3545
while traveling to the premises or facility was not in violation	3546
of division (A), (B), (C), (D), or (E) of this section or any	3547
other provision of the Revised Code.	3548

(G)(1) The affirmative defenses authorized in divisions	3549
(D)(1) and (2) of section 2923.12 of the Revised Code are	3550
affirmative defenses to a charge under division (B) or (C) of this	3551
section that involves a firearm other than a handgun.	3552

(2) It is an affirmative defense to a charge under division	3553
(B) or (C) of this section of improperly handling firearms in a	3554
motor vehicle that the actor transported or had the firearm in the	3555
motor vehicle for any lawful purpose and while the motor vehicle	3556
was on the actor's own property, provided that this affirmative	3557
defense is not available unless the person, immediately prior to	3558
arriving at the actor's own property, did not transport or possess	3559
the firearm in a motor vehicle in a manner prohibited by division	3560
(B) or (C) of this section while the motor vehicle was being	3561
operated on a street, highway, or other public or private property	3562
used by the public for vehicular traffic.	3563

(H)(1) No person who is charged with a violation of division	3564
(B), (C), or (D) of this section shall be required to obtain a	3565
license or temporary emergency license to carry a concealed	3566
handgun under section 2923.125 or 2923.1213 of the Revised Code	3567
license as a condition for the dismissal of the charge.	3568

(2)(a) If a person is convicted of, was convicted of, pleads	3569
guilty to, or has pleaded guilty to a violation of division (E) of	3570
this section as it existed prior to the effective date of this	3571
amendmentSeptember 30, 2011, and if the conduct that was the	3572
basis of the violation no longer would be a violation of division	3573
(E) of this section on or after the effective date of this	3574
amendmentSeptember 30, 2011, the person may file an application	3575
under section 2953.37 of the Revised Code requesting the	3576
expungement of the record of conviction.	3577

If a person is convicted of, was convicted of, pleads guilty	3578
to, or has pleaded guilty to a violation of division (B) or (C) of	3579
this section as the division existed prior to the effective date	3580
of this amendmentSeptember 30, 2011, and if the conduct that was	3581
the basis of the violation no longer would be a violation of	3582
division (B) or (C) of this section on or after the effective date	3583
of this amendmentSeptember 30, 2011, due to the application of	3584
division (F)(5) of this section as it exists on and after the	3585
effective date of this amendmentSeptember 30, 2011, the person	3586
may file an application under section 2953.37 of the Revised Code	3587
requesting the expungement of the record of conviction.	3588

(b) The attorney general shall develop a public media	3589
advisory that summarizes the expungement procedure established	3590
under section 2953.37 of the Revised Code and the offenders	3591
identified in division (H)(2)(a) of this section who are	3592
authorized to apply for the expungement. Within thirty days after	3593
the effective date of this amendmentSeptember 30, 2011, the	3594
attorney general shall provide a copy of the advisory to each	3595
daily newspaper published in this state and each television	3596
station that broadcasts in this state. The attorney general may	3597
provide the advisory in a tangible form, an electronic form, or in	3598
both tangible and electronic forms.	3599

(I) Whoever violates this section is guilty of improperly	3600
handling firearms in a motor vehicle. Violation of division (A) of	3601
this section is a felony of the fourth degree. Violation of	3602
division (C) of this section is a misdemeanor of the fourth	3603
degree. A violation of division (D) of this section is a felony of	3604
the fifth degree or, if the loaded handgun is concealed on the	3605
person's person, a felony of the fourth degree. Except as	3606
otherwise provided in this division, a violation of division	3607
(E)(1) or (2) of this section is a misdemeanor of the first	3608
degree, and, in addition to any other penalty or sanction imposed	3609
for the violation, the offender's license or temporary emergency	3610
license to carry a concealed handgun license shall be suspended	3611
pursuant to division (A)(2) of section 2923.128 of the Revised	3612
Code. If at the time of the stop of the offender for a traffic	3613
stop, for another law enforcement purpose, or for a purpose	3614
defined in section 5503.34 of the Revised Code that was the basis	3615
of the violation any law enforcement officer involved with the	3616
stop or the employee of the motor carrier enforcement unit who	3617
made the stop had actual knowledge of the offender's status as a	3618
licensee, a violation of division (E)(1) or (2) of this section is	3619
a minor misdemeanor, and the offender's license or temporary	3620
emergency license to carry a concealed handgun license shall not	3621
be suspended pursuant to division (A)(2) of section 2923.128 of	3622
the Revised Code. A violation of division (E)(4) of this section	3623
is a felony of the fifth degree. A violation of division (E)(3) or	3624
(5) of this section is a misdemeanor of the first degree or, if	3625
the offender previously has been convicted of or pleaded guilty to	3626
a violation of division (E)(3) or (5) of this section, a felony of	3627
the fifth degree. In addition to any other penalty or sanction	3628
imposed for a misdemeanor violation of division (E)(3) or (5) of	3629
this section, the offender's license or temporary emergency	3630
license to carry a concealed handgun license shall be suspended	3631
pursuant to division (A)(2) of section 2923.128 of the Revised	3632
Code. A violation of division (B) of this section is a felony of	3633
the fourth degree.	3634

(J) If a law enforcement officer stops a motor vehicle for a	3635
traffic stop or any other purpose, if any person in the motor	3636
vehicle surrenders a firearm to the officer, either voluntarily or	3637
pursuant to a request or demand of the officer, and if the officer	3638
does not charge the person with a violation of this section or	3639
arrest the person for any offense, the person is not otherwise	3640
prohibited by law from possessing the firearm, and the firearm is	3641
not contraband, the officer shall return the firearm to the person	3642
at the termination of the stop. If a court orders a law	3643
enforcement officer to return a firearm to a person pursuant to	3644
the requirement set forth in this division, division (B) of	3645
section 2923.163 of the Revised Code applies.	3646

(K) As used in this section:

3647

(1) "Motor vehicle," "street," and "highway" have the same	3648
meanings as in section 4511.01 of the Revised Code.	3649

(2) "Occupied structure" has the same meaning as in section	3650
2909.01 of the Revised Code.	3651

(3) "Agriculture" has the same meaning as in section 519.01	3652
of the Revised Code.	3653

(4) "Tenant" has the same meaning as in section 1531.01 of	3654
the Revised Code.	3655

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

3656

(a) No, with respect to a firearm other than a firearm	3657
described in division (K)(6) of this section, that no ammunition	3658
is in the firearm in question, and no ammunition is loaded into a	3659
magazine or speed loader that may be used withcontaining	3660
ammunition is inserted into the firearm in question and that is	3661
located anywhere within the vehicle in question, without regard to	3662
where ammunition otherwise is located within the vehicle in	3663
question., and one of the following applies:	3664

(i) There is no ammunition in a magazine or speed loader that	3665
is in the vehicle in question and that may be used with the	3666
firearm in question.	3667

(ii) Any magazine or speed loader that contains ammunition	3668
and that may be used with the firearm in question is stored in a	3669
compartment within the vehicle in question that cannot be accessed	3670
without leaving the vehicle or is stored in a container that	3671
provides complete and separate enclosure.	3672

(b) For the purposes of division (K)(5)(a)(ii) of this	3673
section, a "container that provides complete and separate	3674
enclosure" includes, but is not limited to, any of the following:	3675

(i) A package, box, or case with multiple compartments, as	3676
long as the loaded magazine or speed loader and the firearm in	3677
question either are in separate compartments within the package,	3678
box, or case, or, if they are in the same compartment, the	3679
magazine or speed loader is contained within a separate enclosure	3680
in that compartment that does not contain the firearm and that	3681
closes using a snap, button, buckle, zipper, hook and loop closing	3682
mechanism, or other fastener that must be opened to access the	3683
contents or the firearm is contained within a separate enclosure	3684
of that nature in that compartment that does not contain the	3685
magazine or speed loader;	3686

(ii) A pocket or other enclosure on the person of the person	3687
in question that closes using a snap, button, buckle, zipper, hook	3688
and loop closing mechanism, or other fastener that must be opened	3689
to access the contents.	3690

(c) For the purposes of divisiondivisions (K)(5)(a) and (b)	3691
of this section, ammunition held in stripper-clips or in en-bloc	3692
clips is not considered ammunition that is loaded into a magazine	3693
or speed loader.	3694

(b) With(6) "Unloaded" means, with respect to a firearm	3695
employing a percussion cap, flintlock, or other obsolete ignition	3696
system, when the weapon is uncapped or when the priming charge is	3697
removed from the pan.	3698

(6)(7) "Commercial motor vehicle" has the same meaning as in	3699
division (A) of section 4506.25 of the Revised Code.	3700

(7)(8) "Motor carrier enforcement unit" means the motor	3701
carrier enforcement unit in the department of public safety,	3702
division of state highway patrol, that is created by section	3703
5503.34 of the Revised Code.	3704

(L) Divisions (K)(5)(a) and (b) of this section do not affect	3705
the authority of a person who is carrying a valid concealed	3706
handgun license to have one or more magazines or speed loaders	3707
containing ammunition anywhere in a vehicle, without being	3708
transported as described in those divisions, as long as no	3709
ammunition is in a firearm, other than a handgun, in the vehicle	3710
other than as permitted under any other provision of this chapter.	3711
A person who is carrying a valid concealed handgun license may	3712
have one or more magazines or speed loaders containing ammunition	3713
anywhere in a vehicle without further restriction, as long as no	3714
ammunition is in a firearm, other than a handgun, in the vehicle	3715
other than as permitted under any provision of this chapter.	3716

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

3717

(1) "Expunge" means to destroy, delete, and erase a record as	3718
appropriate for the record's physical or electronic form or	3719
characteristic so that the record is permanently irretrievable.	3720

(2) "Official records" has the same meaning as in section	3721
2953.51 of the Revised Code.	3722

(3) "Prosecutor" has the same meaning as in section 2953.31	3723
of the Revised Code.	3724

(4) "Record of conviction" means the record related to a	3725
conviction of or plea of guilty to an offense.	3726

(B) Any person who is convicted of, was convicted of, pleads	3727
guilty to, or has pleaded guilty to a violation of division (B),	3728
(C), or (E) of section 2923.16 of the Revised Code as the division	3729
existed prior to the effective date of this sectionSeptember 30,	3730
2011, and who is authorized by division (H)(2)(a) of that section	3731
to file an application under this section for the expungement of	3732
the conviction record may apply to the sentencing court for the	3733
expungement of the record of conviction. The person may file the	3734
application at any time on or after the effective date of this	3735
sectionSeptember 30, 2011. The application shall do all of the	3736
following:	3737

(1) Identify the applicant, the offense for which the	3738
expungement is sought, the date of the conviction of or plea of	3739
guilty to that offense, and the court in which the conviction	3740
occurred or the plea of guilty was entered;	3741

(2) Include evidence that the offense was a violation of	3742
division (B), (C), or (E) of section 2923.16 of the Revised Code	3743
as the division existed prior to the effective date of this	3744
sectionSeptember 30, 2011, and that the applicant is authorized	3745
by division (H)(2)(a) of that section to file an application under	3746
this section;	3747

(3) Include a request for expungement of the record of	3748
conviction of that offense under this section.	3749

(C) Upon the filing of an application under division (B) of	3750
this section and the payment of the fee described in division	3751
(D)(3) of this section if applicable, the court shall set a date	3752
for a hearing and shall notify the prosecutor for the case of the	3753
hearing on the application. The prosecutor may object to the	3754
granting of the application by filing an objection with the court	3755
prior to the date set for the hearing. The prosecutor shall	3756
specify in the objection the reasons for believing a denial of the	3757
application is justified. The court shall direct its regular	3758
probation officer, a state probation officer, or the department of	3759
probation of the county in which the applicant resides to make	3760
inquiries and written reports as the court requires concerning the	3761
applicant. The court shall hold the hearing scheduled under this	3762
division.	3763

(D)(1) At the hearing held under division (C) of this	3764
section, the court shall do each of the following:	3765

(a) Determine whether the applicant has been convicted of or	3766
pleaded guilty to a violation of division (E) of section 2923.16	3767
of the Revised Code as the division existed prior to the effective	3768
date of this sectionSeptember 30, 2011, and whether the conduct	3769
that was the basis of the violation no longer would be a violation	3770
of that division on or after the effective date of this section	3771
September 30, 2011;	3772

(b) Determine whether the applicant has been convicted of or	3773
pleaded guilty to a violation of division (B) or (C) of section	3774
2923.16 of the Revised Code as the division existed prior to the	3775
effective date of this sectionSeptember 30, 2011, and whether the	3776
conduct that was the basis of the violation no longer would be a	3777
violation of that division on or after the effective date of this	3778
sectionSeptember 30, 2011, due to the application of division	3779
(F)(5) of that section as it exists on and after the effective	3780
date of this sectionSeptember 30, 2011;	3781

(c) If the prosecutor has filed an objection in accordance	3782
with division (C) of this section, consider the reasons against	3783
granting the application specified by the prosecutor in the	3784
objection;	3785

(d) Weigh the interests of the applicant in having the	3786
records pertaining to the applicant's conviction or guilty plea	3787
expunged against the legitimate needs, if any, of the government	3788
to maintain those records.	3789

(2)(a) The court may order the expungement of all official	3790
records pertaining to the case and the deletion of all index	3791
references to the case and, if it does order the expungement,	3792
shall send notice of the order to each public office or agency	3793
that the court has reason to believe may have an official record	3794
pertaining to the case if the court, after complying with division	3795
(D)(1) of this section, determines both of the following:	3796

(i) That the applicant has been convicted of or pleaded	3797
guilty to a violation of division (E) of section 2923.16 of the	3798
Revised Code as it existed prior to the effective date of this	3799
sectionSeptember 30, 2011, and the conduct that was the basis of	3800
the violation no longer would be a violation of that division on	3801
or after the effective date of this sectionSeptember 30, 2011, or	3802
that the applicant has been convicted of or pleaded guilty to a	3803
violation of division (B) or (C) of section 2923.16 of the Revised	3804
Code as the division existed prior to the effective date of this	3805
sectionSeptember 30, 2011, and the conduct that was the basis of	3806
the violation no longer would be a violation of that division on	3807
or after the effective date of this sectionSeptember 30, 2011,	3808
due to the application of division (F)(5) of that section as it	3809
exists on and after the effective date of this sectionSeptember	3810
30, 2011;	3811

(ii) That the interests of the applicant in having the	3812
records pertaining to the applicant's conviction or guilty plea	3813
expunged are not outweighed by any legitimate needs of the	3814
government to maintain those records.	3815

(b) The proceedings in the case that is the subject of an	3816
order issued under division (D)(2)(a) of this section shall be	3817
considered not to have occurred and the conviction or guilty plea	3818
of the person who is the subject of the proceedings shall be	3819
expunged. The record of the conviction shall not be used for any	3820
purpose, including, but not limited to, a criminal records check	3821
under section 109.572 of the Revised Code or a determination under	3822
section 2923.125 or 2923.1212 of the Revised Code of eligibility	3823
for a license or temporary emergency license to carry a concealed	3824
handgun license. The applicant may, and the court shall, reply	3825
that no record exists with respect to the applicant upon any	3826
inquiry into the matter.	3827

(3) Upon the filing of an application under this section, the	3828
applicant, unless indigent, shall pay a fee of fifty dollars. The	3829
court shall pay thirty dollars of the fee into the state treasury	3830
and shall pay twenty dollars of the fee into the county general	3831
revenue fund.	3832

Section 2.  That existing sections 105.41, 109.69, 109.731,	3833
152.08, 311.41, 311.42, 1547.69, 2921.13, 2923.11, 2923.12,	3834
2923.121, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126,	3835
2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1213,	3836
2923.16, and 2953.37 of the Revised Code are hereby repealed.	3837

Section 3.  The amendments to section 109.69 of the Revised	3838
Code and division (D) of section 2923.126 of the Revised Code that	3839
are made by this act shall take effect on July 1, 2013.	3840