Cosponsors:
Senators Jones, Faber, Cafaro, Jordan, Grendell, Daniels, Beagle, Seitz, Wilson, Widener, Oelslager, Manning, Cates, Hite, Niehaus, Obhof, Stewart, Coley
Representatives Mecklenborg, Maag, Blessing, Buchy, Combs, Dovilla, Huffman, Young, Amstutz, Balderson, Beck, Boose, Brenner, Bubp, Carey, Derickson, Goodwin, Hackett, Hagan, C., Hall, Hayes, Henne, Johnson, Kozlowski, Landis, Martin, Newbold, Roegner, Ruhl, Sears, Thompson, Uecker Speaker Batchelder
(d) The principal holder of a D permit issued for a premises | 36 |
or an open air arena under Chapter 4303. of the Revised Code while | 37 |
in the premises or open air arena for which the permit was issued | 38 |
if the principal holder of the D permit also possesses a valid | 39 |
license or temporary emergency license to carry a concealed | 40 |
handgun issued to the principal holder under section 2923.125 or | 41 |
2923.1213 of the Revised Code or a license to carry a concealed | 42 |
handgun that was issued to the principal holder by another state | 43 |
with which the attorney general has entered into a reciprocity | 44 |
agreement under section 109.69 of the Revised Code and as long as | 45 |
the principal holder is not consuming beer or intoxicating liquor | 46 |
or under the influence of alcohol or a drug of abuse, or any agent | 47 |
or employee of that holder who also is a peace officer, as defined | 48 |
in section 2151.3515 of the Revised Code, who is off duty, and who | 49 |
otherwise is authorized to carry firearms while in the course of | 50 |
the officer's official duties and while in the premises or open | 51 |
air arena for which the permit was issued and as long as the agent | 52 |
or employee of that holder is not consuming beer or intoxicating | 53 |
liquor or under the influence of alcohol or a drug of abuse. | 54 |
(e) Any person who is carrying a valid license or temporary | 55 |
emergency license to carry a concealed handgun issued to the | 56 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 57 |
a license to carry a concealed handgun that was issued to the | 58 |
person by another state with which the attorney general has | 59 |
entered into a reciprocity agreement under section 109.69 of the | 60 |
Revised Code and who possesses the firearm in a retail store with | 61 |
D-6 and D-8 permits issued for that store under sections 4303.182 | 62 |
and 4303.184 of the Revised Code or a D-8 permit issued for that | 63 |
store under section 4303.184 of the Revised Code, as long as the | 64 |
person is not consuming beer or intoxicating liquor or under the | 65 |
influence of alcohol or a drug of abuse. | 66 |
(3) This section does not apply to any person possessing or | 74 |
displaying firearms in any room used to exhibit unloaded firearms | 75 |
for sale or trade in a soldiers' memorial established pursuant to | 76 |
Chapter 345. of the Revised Code, in a convention center, or in | 77 |
any other public meeting place, if the person is an exhibitor, | 78 |
trader, purchaser, or seller of firearms and is not otherwise | 79 |
prohibited by law from possessing, trading, purchasing, or selling | 80 |
the firearms. | 81 |
(E) Whoever violates this section is guilty of illegal | 105 |
possession of a firearm in a liquor permit premises. Except as | 106 |
otherwise provided in this division, illegal possession of a | 107 |
firearm in a liquor permit premises is a felony of the fifth | 108 |
degree. If the offender commits the violation of this section by | 109 |
knowingly carrying or having the firearm concealed on the | 110 |
offender's person or concealed ready at hand, illegal possession | 111 |
of a firearm in a liquor permit premises is a felony of the third | 112 |
degree. | 113 |
Sec. 2923.125. (A) Upon the request of a person who wishes | 116 |
to obtain a license to carry a concealed handgun or to renew a | 117 |
license to carry a concealed handgun, a sheriff, as provided in | 118 |
division (I) of this section, shall provide to the person free of | 119 |
charge an application form and the web site address at which the | 120 |
pamphlet described in division (B) of section 109.731 of the | 121 |
Revised Code may be found. A sheriff shall accept a completed | 122 |
application form and the fee, items, materials, and information | 123 |
specified in divisions (B)(1) to (5) of this section at the times | 124 |
and in the manners described in division (I) of this section. | 125 |
(c) A sheriff shall waive the payment of the license fee | 142 |
described in division (B)(1)(a) of this section in connection with | 143 |
an initial or renewal application for a license that is submitted | 144 |
by an applicant who is a retired peace officer, a retired person | 145 |
described in division (B)(1)(b) of section 109.77 of the Revised | 146 |
Code, or a retired federal law enforcement officer who, prior to | 147 |
retirement, was authorized under federal law to carry a firearm in | 148 |
the course of duty, unless the retired peace officer, person, or | 149 |
federal law enforcement officer retired as the result of a mental | 150 |
disability. | 151 |
(3) One or more of the following competency certifications, | 159 |
each of which shall reflect that, regarding a certification | 160 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 161 |
section, within the three years immediately preceding the | 162 |
application the applicant has performed that to which the | 163 |
competency certification relates and that, regarding a | 164 |
certification described in division (B)(3)(d) of this section, the | 165 |
applicant currently is an active or reserve member of the armed | 166 |
forces of the United States or within the six years immediately | 167 |
preceding the application the honorable discharge or retirement to | 168 |
which the competency certification relates occurred: | 169 |
(iii) It was offered by or under the auspices of a law | 186 |
enforcement agency of this or another state or the United States, | 187 |
a public or private college, university, or other similar | 188 |
postsecondary educational institution located in this or another | 189 |
state, a firearms training school located in this or another | 190 |
state, or another type of public or private entity or organization | 191 |
located in this or another state. | 192 |
(c) An original or photocopy of a certificate of completion | 195 |
of a state, county, municipal, or department of natural resources | 196 |
peace officer training school that is approved by the executive | 197 |
director of the Ohio peace officer training commission pursuant to | 198 |
section 109.75 of the Revised Code and that complies with the | 199 |
requirements set forth in division (G) of this section, or the | 200 |
applicant has satisfactorily completed and been issued a | 201 |
certificate of completion of a basic firearms training program, a | 202 |
firearms requalification training program, or another basic | 203 |
training program described in section 109.78 or 109.801 of the | 204 |
Revised Code that complies with the requirements set forth in | 205 |
division (G) of this section; | 206 |
(i) That the applicant is an active or reserve member of the | 208 |
armed forces of the United States, was honorably discharged from | 209 |
military service in the active or reserve armed forces of the | 210 |
United States, is a retired trooper of the state highway patrol, | 211 |
or is a retired peace officer or federal law enforcement officer | 212 |
described in division (B)(1) of this section or a retired person | 213 |
described in division (B)(1)(b) of section 109.77 of the Revised | 214 |
Code and division (B)(1) of this section; | 215 |
(ii) That, through participation in the military service or | 216 |
through the former employment described in division (B)(3)(d)(i) | 217 |
of this section, the applicant acquired experience with handling | 218 |
handguns or other firearms, and the experience so acquired was | 219 |
equivalent to training that the applicant could have acquired in a | 220 |
course, class, or program described in division (B)(3)(a), (b), or | 221 |
(c) of this section. | 222 |
(e) A certificate or another similar document that evidences | 223 |
satisfactory completion of a firearms training, safety, or | 224 |
requalification or firearms safety instructor course, class, or | 225 |
program that is not otherwise described in division (B)(3)(a), | 226 |
(b), (c), or (d) of this section, that was conducted by an | 227 |
instructor who was certified by an official or entity of the | 228 |
government of this or another state or the United States or by the | 229 |
national rifle association, and that complies with the | 230 |
requirements set forth in division (G) of this section; | 231 |
(f) An affidavit that attests to the applicant's satisfactory | 232 |
completion of a course, class, or program described in division | 233 |
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed | 234 |
by the applicant's instructor or an authorized representative of | 235 |
the entity that offered the course, class, or program or under | 236 |
whose auspices the course, class, or program was offered. | 237 |
(C) Upon receipt of an applicant's completed application | 250 |
form, supporting documentation, and, if not waived, license fee, a | 251 |
sheriff, in the manner specified in section 311.41 of the Revised | 252 |
Code, shall conduct or cause to be conducted the criminal records | 253 |
check and the incompetency records check described in section | 254 |
311.41 of the Revised Code. | 255 |
(D)(1) Except as provided in division (D)(3) or (4) of this | 256 |
section, within forty-five days after a sheriff's receipt of an | 257 |
applicant's completed application form for a license to carry a | 258 |
concealed handgun, the supporting documentation, and, if not | 259 |
waived, the license fee, the sheriff shall make available through | 260 |
the law enforcement automated data system in accordance with | 261 |
division (H) of this section the information described in that | 262 |
division and, upon making the information available through the | 263 |
system, shall issue to the applicant a license to carry a | 264 |
concealed handgun that shall expire as described in division | 265 |
(D)(2)(a) of this section if all of the following apply: | 266 |
(i) If a person is absent from the United States, from this | 273 |
state, or from a particular county in this state in compliance | 274 |
with military or naval orders as an active or reserve member of | 275 |
the armed forces of the United States and if prior to leaving this | 276 |
state in compliance with those orders the person was legally | 277 |
living in the United States and was a resident of this state, the | 278 |
person, solely by reason of that absence, shall not be considered | 279 |
to have lost the person's status as living in the United States or | 280 |
the person's residence in this state or in the county in which the | 281 |
person was a resident prior to leaving this state in compliance | 282 |
with those orders, without regard to whether or not the person | 283 |
intends to return to this state or to that county, shall not be | 284 |
considered to have acquired a residence in any other state, and | 285 |
shall not be considered to have become a resident of any other | 286 |
state. | 287 |
(ii) If a person is present in this state in compliance with | 288 |
military or naval orders as an active or reserve member of the | 289 |
armed forces of the United States for at least forty-five days, | 290 |
the person shall be considered to have been a resident of this | 291 |
state for that period of at least forty-five days, and, if a | 292 |
person is present in a county of this state in compliance with | 293 |
military or naval orders as an active or reserve member of the | 294 |
armed forces of the United States for at least thirty days, the | 295 |
person shall be considered to have been a resident of that county | 296 |
for that period of at least thirty days. | 297 |
(d) The applicant is not under indictment for or otherwise | 300 |
charged with a felony; an offense under Chapter 2925., 3719., or | 301 |
4729. of the Revised Code that involves the illegal possession, | 302 |
use, sale, administration, or distribution of or trafficking in a | 303 |
drug of abuse; a misdemeanor offense of violence; or a violation | 304 |
of section 2903.14 or 2923.1211 of the Revised Code. | 305 |
(e) Except as otherwise provided in division (D)(5) of this | 306 |
section, the applicant has not been convicted of or pleaded guilty | 307 |
to a felony or an offense under Chapter 2925., 3719., or 4729. of | 308 |
the Revised Code that involves the illegal possession, use, sale, | 309 |
administration, or distribution of or trafficking in a drug of | 310 |
abuse; has not been adjudicated a delinquent child for committing | 311 |
an act that if committed by an adult would be a felony or would be | 312 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 313 |
Code that involves the illegal possession, use, sale, | 314 |
administration, or distribution of or trafficking in a drug of | 315 |
abuse; and has not been convicted of, pleaded guilty to, or | 316 |
adjudicated a delinquent child for committing a violation of | 317 |
section 2903.13 of the Revised Code when the victim of the | 318 |
violation is a peace officer, regardless of whether the applicant | 319 |
was sentenced under division (C)(3) of that section. | 320 |
(f) Except as otherwise provided in division (D)(5) of this | 321 |
section, the applicant, within three years of the date of the | 322 |
application, has not been convicted of or pleaded guilty to a | 323 |
misdemeanor offense of violence other than a misdemeanor violation | 324 |
of section 2921.33 of the Revised Code or a violation of section | 325 |
2903.13 of the Revised Code when the victim of the violation is a | 326 |
peace officer, or a misdemeanor violation of section 2923.1211 of | 327 |
the Revised Code; and has not been adjudicated a delinquent child | 328 |
for committing an act that if committed by an adult would be a | 329 |
misdemeanor offense of violence other than a misdemeanor violation | 330 |
of section 2921.33 of the Revised Code or a violation of section | 331 |
2903.13 of the Revised Code when the victim of the violation is a | 332 |
peace officer or for committing an act that if committed by an | 333 |
adult would be a misdemeanor violation of section 2923.1211 of the | 334 |
Revised Code. | 335 |
(i) The applicant has not been adjudicated as a mental | 346 |
defective, has not been committed to any mental institution, is | 347 |
not under adjudication of mental incompetence, has not been found | 348 |
by a court to be a mentally ill person subject to hospitalization | 349 |
by court order, and is not an involuntary patient other than one | 350 |
who is a patient only for purposes of observation. As used in this | 351 |
division, "mentally ill person subject to hospitalization by court | 352 |
order" and "patient" have the same meanings as in section 5122.01 | 353 |
of the Revised Code. | 354 |
(b) If a sheriff denies an application under this section | 385 |
because the applicant does not satisfy the criteria described in | 386 |
division (D)(1) of this section, the sheriff shall specify the | 387 |
grounds for the denial in a written notice to the applicant. The | 388 |
applicant may appeal the denial pursuant to section 119.12 of the | 389 |
Revised Code in the county served by the sheriff who denied the | 390 |
application. If the denial was as a result of the criminal records | 391 |
check conducted pursuant to section 311.41 of the Revised Code and | 392 |
if, pursuant to section 2923.127 of the Revised Code, the | 393 |
applicant challenges the criminal records check results using the | 394 |
appropriate challenge and review procedure specified in that | 395 |
section, the time for filing the appeal pursuant to section 119.12 | 396 |
of the Revised Code and this division is tolled during the | 397 |
pendency of the request or the challenge and review. If the court | 398 |
in an appeal under section 119.12 of the Revised Code and this | 399 |
division enters a judgment sustaining the sheriff's refusal to | 400 |
grant to the applicant a license to carry a concealed handgun, the | 401 |
applicant may file a new application beginning one year after the | 402 |
judgment is entered. If the court enters a judgment in favor of | 403 |
the applicant, that judgment shall not restrict the authority of a | 404 |
sheriff to suspend or revoke the license pursuant to section | 405 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 406 |
the license for any proper cause that may occur after the date the | 407 |
judgment is entered. In the appeal, the court shall have full | 408 |
power to dispose of all costs. | 409 |
(5) If an applicant has been convicted of or pleaded guilty | 424 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 425 |
this section or has been adjudicated a delinquent child for | 426 |
committing an act or violation identified in any of those | 427 |
divisions, and if a court has ordered the sealing or expungement | 428 |
of the records of that conviction, guilty plea, or adjudication | 429 |
pursuant to sections 2151.355 to 2151.358 or, sections 2953.31 to | 430 |
2953.36, or section 2953.37 of the Revised Code or a court has | 431 |
granted the applicant relief pursuant to section 2923.14 of the | 432 |
Revised Code from the disability imposed pursuant to section | 433 |
2923.13 of the Revised Code relative to that conviction, guilty | 434 |
plea, or adjudication, the sheriff with whom the application was | 435 |
submitted shall not consider the conviction, guilty plea, or | 436 |
adjudication in making a determination under division (D)(1) or | 437 |
(F) of this section or, in relation to an application for a | 438 |
temporary emergency license to carry a concealed handgun submitted | 439 |
under section 2923.1213 of the Revised Code, in making a | 440 |
determination under division (B)(2) of that section. | 441 |
(E) If a license to carry a concealed handgun issued under | 442 |
this section is lost or is destroyed, the licensee may obtain from | 443 |
the sheriff who issued that license a duplicate license upon the | 444 |
payment of a fee of fifteen dollars and the submission of an | 445 |
affidavit attesting to the loss or destruction of the license. The | 446 |
sheriff, in accordance with the procedures prescribed in section | 447 |
109.731 of the Revised Code, shall place on the replacement | 448 |
license a combination of identifying numbers different from the | 449 |
combination on the license that is being replaced. | 450 |
(F)(1) A licensee who wishes to renew a license to carry a | 451 |
concealed handgun issued under this section shall do so not | 452 |
earlier than ninety days before the expiration date of the license | 453 |
or at any time after the expiration date of the license by filing | 454 |
with the sheriff of the county in which the applicant resides or | 455 |
with the sheriff of an adjacent county an application for renewal | 456 |
of the license obtained pursuant to division (D) of this section, | 457 |
a certification by the applicant that, subsequent to the issuance | 458 |
of the license, the applicant has reread the pamphlet prepared by | 459 |
the Ohio peace officer training commission pursuant to section | 460 |
109.731 of the Revised Code that reviews firearms, dispute | 461 |
resolution, and use of deadly force matters, a nonrefundable | 462 |
license renewal fee in an amount determined pursuant to division | 463 |
(F)(4) of this section unless the fee is waived, and one of the | 464 |
following: | 465 |
(a) If the licensee previously has not renewed a license to | 466 |
carry a concealed handgun issued under this section, proof that | 467 |
the licensee at one time had a competency certification of the | 468 |
type described in division (B)(3) of this section. A valid | 469 |
license, expired license, or any other previously issued license | 470 |
that has not been revoked is prima-facie evidence that the | 471 |
licensee at one time had a competency certification of the type | 472 |
described in division (B)(3) of this section. | 473 |
(2) A sheriff shall accept a completed renewal application, | 478 |
the license renewal fee, and information specified in division | 479 |
(F)(1) of this section at the times and in the manners described | 480 |
in division (I) of this section. Upon receipt of a completed | 481 |
renewal application, of certification that the applicant has | 482 |
reread the specified pamphlet prepared by the Ohio peace officer | 483 |
training commission, of proof of a prior competency certification | 484 |
for an initial renewal or of a renewed competency certification | 485 |
for a second or subsequent renewal, and of a license renewal fee | 486 |
unless the fee is waived, a sheriff, in the manner specified in | 487 |
section 311.41 of the Revised Code shall conduct or cause to be | 488 |
conducted the criminal records check and the incompetency records | 489 |
check described in section 311.41 of the Revised Code. The sheriff | 490 |
shall renew the license if the sheriff determines that the | 491 |
applicant continues to satisfy the requirements described in | 492 |
division (D)(1) of this section, except that the applicant is not | 493 |
required to meet the requirements of division (D)(1)(l) of this | 494 |
section. A renewed license that is renewed on or after March 14, | 495 |
2007, shall expire five years after the date of issuance, and a | 496 |
renewed license that is renewed prior to March 14, 2007, shall | 497 |
expire four years after the date of issuance. A renewed license is | 498 |
subject to division (E) of this section and sections 2923.126 and | 499 |
2923.128 of the Revised Code. A sheriff shall comply with | 500 |
divisions (D)(2) to (4) of this section when the circumstances | 501 |
described in those divisions apply to a requested license renewal. | 502 |
If a sheriff denies the renewal of a license to carry a concealed | 503 |
handgun, the applicant may appeal the denial, or challenge the | 504 |
criminal record check results that were the basis of the denial if | 505 |
applicable, in the same manner as specified in division (D)(2)(b) | 506 |
of this section and in section 2923.127 of the Revised Code, | 507 |
regarding the denial of a license under this section. | 508 |
(3) A renewal application submitted pursuant to division (F) | 509 |
of this section shall only require the licensee to list on the | 510 |
application form information and matters occurring since the date | 511 |
of the licensee's last application for a license pursuant to | 512 |
division (B) or (F) of this section. A sheriff conducting the | 513 |
criminal records check and the incompetency records check | 514 |
described in section 311.41 of the Revised Code shall conduct the | 515 |
check only from the date of the licensee's last application for a | 516 |
license pursuant to division (B) or (F) of this section through | 517 |
the date of the renewal application submitted pursuant to division | 518 |
(F) of this section. | 519 |
(G)(1) Each course, class, or program described in division | 531 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 532 |
person who takes the course, class, or program the web site | 533 |
address at which the pamphlet prepared by the Ohio peace officer | 534 |
training commission pursuant to section 109.731 of the Revised | 535 |
Code that reviews firearms, dispute resolution, and use of deadly | 536 |
force matters may be found. Each such course, class, or program | 537 |
described in one of those divisions shall include at least twelve | 538 |
hours of training in the safe handling and use of a firearm that | 539 |
shall include all of the following: | 540 |
(4) A person who previously has received a competency | 570 |
certification as described in division (B)(3) of this section, or | 571 |
who previously has received a renewed competency certification as | 572 |
described in this division, may obtain a renewed competency | 573 |
certification pursuant to this division. If the person previously | 574 |
has received a competency certification or previously has received | 575 |
a renewed competency certification, the person may obtain a | 576 |
renewed competency certification from an entity that offers a | 577 |
course, class, or program described in division (B)(3)(a), (b), | 578 |
(c), or (e) of this section by passing a test that demonstrates | 579 |
that the person is range competent. In these circumstances, the | 580 |
person is not required to attend the course, class, or program or | 581 |
to take the competency examination described in division (G)(2) of | 582 |
this section for the renewed competency certification in order to | 583 |
be eligible to receive a renewed competency certification. A | 584 |
renewed competency certification issued under this division shall | 585 |
be dated and shall attest that the person has demonstrated range | 586 |
competency. | 587 |
(H) Upon deciding to issue a license, deciding to issue a | 588 |
replacement license, or deciding to renew a license to carry a | 589 |
concealed handgun pursuant to this section, and before actually | 590 |
issuing or renewing the license, the sheriff shall make available | 591 |
through the law enforcement automated data system all information | 592 |
contained on the license. If the license subsequently is suspended | 593 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 594 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 595 |
the Revised Code, or lost or destroyed, the sheriff also shall | 596 |
make available through the law enforcement automated data system a | 597 |
notation of that fact. The superintendent of the state highway | 598 |
patrol shall ensure that the law enforcement automated data system | 599 |
is so configured as to permit the transmission through the system | 600 |
of the information specified in this division. | 601 |
(I) A sheriff shall accept a completed application form or | 602 |
renewal application, and the fee, items, materials, and | 603 |
information specified in divisions (B)(1) to (5) or division (F) | 604 |
of this section, whichever is applicable, and shall provide an | 605 |
application form or renewal application to any person during at | 606 |
least fifteen hours a week and shall provide the web site address | 607 |
at which the pamphlet described in division (B) of section 109.731 | 608 |
of the Revised Code may be found at any time, upon request. The | 609 |
sheriff shall post notice of the hours during which the sheriff is | 610 |
available to accept or provide the information described in this | 611 |
division. | 612 |
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 613 |
license issued under section 2923.125 or 2923.1213 of the Revised | 614 |
Code is arrested for or otherwise charged with an offense | 615 |
described in division (D)(1)(d) of section 2923.125 of the Revised | 616 |
Code or with a violation of section 2923.15 of the Revised Code or | 617 |
becomes subject to a temporary protection order or to a protection | 618 |
order issued by a court of another state that is substantially | 619 |
equivalent to a temporary protection order, the sheriff who issued | 620 |
the license or temporary emergency license shall suspend it and | 621 |
shall comply with division (A)(3) of this section upon becoming | 622 |
aware of the arrest, charge, or protection order. Upon suspending | 623 |
the license or temporary emergency license, the sheriff also shall | 624 |
comply with division (H) of section 2923.125 of the Revised Code. | 625 |
(b) A suspension under division (A)(1)(a) of this section | 626 |
shall be considered as beginning on the date that the licensee is | 627 |
arrested for or otherwise charged with an offense described in | 628 |
that division or on the date the appropriate court issued the | 629 |
protection order described in that division, irrespective of when | 630 |
the sheriff notifies the licensee under division (A)(3) of this | 631 |
section. The suspension shall end on the date on which the charges | 632 |
are dismissed or the licensee is found not guilty of the offense | 633 |
described in division (A)(1)(a) of this section or, subject to | 634 |
division (B) of this section, on the date the appropriate court | 635 |
terminates the protection order described in that division. If the | 636 |
suspension so ends, the sheriff shall return the license or | 637 |
temporary emergency license to the licensee. | 638 |
(2)(a) If a licensee holding a valid license issued under | 639 |
section 2923.125 or 2923.1213 of the Revised Code is convicted of | 640 |
or pleads guilty to a misdemeanor violation of division (B)(1), | 641 |
(2), or (4) of section 2923.12 of the Revised Code or of division | 642 |
(E)(1), (2), (3), (4), or (6)(5) of section 2923.16 of the Revised | 643 |
Code, except as provided in division (A)(2)(c) of this section and | 644 |
subject to division (C) of this section, the sheriff who issued | 645 |
the license or temporary emergency license shall suspend it and | 646 |
shall comply with division (A)(3) of this section upon becoming | 647 |
aware of the conviction or guilty plea. Upon suspending the | 648 |
license or temporary emergency license, the sheriff also shall | 649 |
comply with division (H) of section 2923.125 of the Revised Code. | 650 |
(b) A suspension under division (A)(2)(a) of this section | 651 |
shall be considered as beginning on the date that the licensee is | 652 |
convicted of or pleads guilty to the offense described in that | 653 |
division, irrespective of when the sheriff notifies the licensee | 654 |
under division (A)(3) of this section. If the suspension is | 655 |
imposed for a misdemeanor violation of division (B)(1) or (2) of | 656 |
section 2923.12 of the Revised Code or of division (E)(1), (2), or | 657 |
(3) or (4) of section 2923.16 of the Revised Code, it shall end on | 658 |
the date that is one year after the date that the licensee is | 659 |
convicted of or pleads guilty to that violation. If the suspension | 660 |
is imposed for a misdemeanor violation of division (B)(4) of | 661 |
section 2923.12 of the Revised Code or of division (E)(6)(5) of | 662 |
section 2923.16 of the Revised Code, it shall end on the date that | 663 |
is two years after the date that the licensee is convicted of or | 664 |
pleads guilty to that violation. If the licensee's license was | 665 |
issued under section 2923.125 of the Revised Code and the license | 666 |
remains valid after the suspension ends as described in this | 667 |
division, when the suspension ends, the sheriff shall return the | 668 |
license to the licensee. If the licensee's license was issued | 669 |
under section 2923.125 of the Revised Code and the license expires | 670 |
before the suspension ends as described in this division, or if | 671 |
the licensee's license was issued under section 2923.1213 of the | 672 |
Revised Code, the licensee is not eligible to apply for a new | 673 |
license under section 2923.125 or 2923.1213 of the Revised Code or | 674 |
to renew the license under section 2923.125 of the Revised Code | 675 |
until after the suspension ends as described in this division. | 676 |
(c) The license of a licensee who is convicted of or pleads | 677 |
guilty to a violation of division (B)(1) of section 2923.12 or | 678 |
division (E)(3)(1) or (2) of section 2923.16 of the Revised Code | 679 |
shall not be suspended pursuant to division (A)(2)(a) of this | 680 |
section if, at the time of the stop of the licensee for a law | 681 |
enforcement purpose, for a traffic stop, or for a purpose defined | 682 |
in section 5503.34 of the Revised Code that was the basis of the | 683 |
violation, any law enforcement officer involved with the stop or | 684 |
the employee of the motor carrier enforcement unit who made the | 685 |
stop had actual knowledge of the licensee's status as a licensee. | 686 |
(3) Upon becoming aware of an arrest, charge, or protection | 687 |
order described in division (A)(1)(a) of this section with respect | 688 |
to a licensee who was issued a license under section 2923.125 or | 689 |
2923.1213 of the Revised Code, or a conviction of or plea of | 690 |
guilty to a misdemeanor offense described in division (A)(2)(a) of | 691 |
this section with respect to a licensee who was issued a license | 692 |
under either section and with respect to which division (A)(2)(c) | 693 |
of this section does not apply, subject to division (C) of this | 694 |
section, the sheriff who issued the licensee's license or | 695 |
temporary emergency license to carry a concealed handgun shall | 696 |
notify the licensee, by certified mail, return receipt requested, | 697 |
at the licensee's last known residence address that the license or | 698 |
temporary emergency license has been suspended and that the | 699 |
licensee is required to surrender the license or temporary | 700 |
emergency license at the sheriff's office within ten days of the | 701 |
date on which the notice was mailed. If the suspension is pursuant | 702 |
to division (A)(2) of this section, the notice shall identify the | 703 |
date on which the suspension ends. | 704 |
(2) Upon becoming aware of any circumstance listed in | 742 |
division (B)(1) of this section that applies to a particular | 743 |
licensee who was issued a license under section 2923.125 or | 744 |
2923.1213 of the Revised Code, subject to division (C) of this | 745 |
section, the sheriff who issued the license or temporary emergency | 746 |
license to carry a concealed handgun to the licensee shall notify | 747 |
the licensee, by certified mail, return receipt requested, at the | 748 |
licensee's last known residence address that the license or | 749 |
temporary emergency license is subject to revocation and that the | 750 |
licensee may come to the sheriff's office and contest the | 751 |
sheriff's proposed revocation within fourteen days of the date on | 752 |
which the notice was mailed. After the fourteen-day period and | 753 |
after consideration of any information that the licensee provides | 754 |
during that period, if the sheriff determines on the basis of the | 755 |
information of which the sheriff is aware that the licensee is | 756 |
described in division (B)(1) of this section and no longer | 757 |
satisfies the requirements described in division (D)(1) of section | 758 |
2923.125 of the Revised Code that are applicable to the licensee's | 759 |
type of license, the sheriff shall revoke the license or temporary | 760 |
emergency license, notify the licensee of that fact, and require | 761 |
the licensee to surrender the license or temporary emergency | 762 |
license. Upon revoking the license or temporary emergency license, | 763 |
the sheriff also shall comply with division (H) of section | 764 |
2923.125 of the Revised Code. | 765 |
(C) If a sheriff who issues a license or temporary emergency | 766 |
license to carry a concealed handgun to a licensee under section | 767 |
2923.125 or 2923.1213 of the Revised Code becomes aware that at | 768 |
the time of the issuance of the license or temporary emergency | 769 |
license the licensee had been convicted of or pleaded guilty to an | 770 |
offense identified in division (D)(1)(e), (f), or (h) of section | 771 |
2923.125 of the Revised Code or had been adjudicated a delinquent | 772 |
child for committing an act or violation identified in any of | 773 |
those divisions or becomes aware that on or after the date on | 774 |
which the license or temporary emergency license was issued the | 775 |
licensee has been convicted of or pleaded guilty to an offense | 776 |
identified in division (A)(2)(a) or (B)(1)(c) of this section, the | 777 |
sheriff shall not consider that conviction, guilty plea, or | 778 |
adjudication as having occurred for purposes of divisions (A)(2), | 779 |
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered | 780 |
the sealing or expungement of the records of that conviction, | 781 |
guilty plea, or adjudication pursuant to sections 2151.355 to | 782 |
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a | 783 |
court has granted the licensee relief pursuant to section 2923.14 | 784 |
of the Revised Code from the disability imposed pursuant to | 785 |
section 2923.13 of the Revised Code relative to that conviction, | 786 |
guilty plea, or adjudication. | 787 |
(2) The person's whole blood, blood serum or plasma, breath, | 818 |
or urine contains a concentration of alcohol, a listed controlled | 819 |
substance, or a listed metabolite of a controlled substance | 820 |
prohibited for persons operating a vehicle, as specified in | 821 |
division (A) of section 4511.19 of the Revised Code, regardless of | 822 |
whether the person at the time of the transportation or possession | 823 |
as described in this division is the operator of or a passenger in | 824 |
the motor vehicle. | 825 |
(b) The loaded handgun is in a closed case, bag, box, or | 834 |
other container that is in plain sight and that has a lid, a | 835 |
cover, or a closing mechanism with a zipper, snap, or buckle, | 836 |
which lid, cover, or closing mechanism must be opened for a person | 837 |
to gain access to the handgun. | 838 |
(2) If the person is transporting or has a loaded handgun in | 842 |
a motor vehicle in a manner authorized under division (E)(1) of | 843 |
this section, knowingly remove or attempt to remove the loaded | 844 |
handgun from the holster, case, bag, box, container, or glove | 845 |
compartment, knowingly grasp or hold the loaded handgun, or | 846 |
knowingly have contact with the loaded handgun by touching it with | 847 |
the person's hands or fingers while the motor vehicle is being | 848 |
operated on a street, highway, or public property unless the | 849 |
person removes, attempts to remove, grasps, holds, or has the | 850 |
contact with the loaded handgun pursuant to and in accordance with | 851 |
directions given by a law enforcement officer; | 852 |
(3) If the personor a license to carry a concealed handgun | 853 |
that was issued to the person by another state with which the | 854 |
attorney general has entered into a reciprocity agreement under | 855 |
section 109.69 of the Revised Code, who is the driver or an | 856 |
occupant of a motor vehicle that is stopped as a result of a | 857 |
traffic stop or a stop for another law enforcement purpose or is | 858 |
the driver or an occupant of a commercial motor vehicle that is | 859 |
stopped by an employee of the motor carrier enforcement unit for | 860 |
the purposes defined in section 5503.34 of the Revised Code, and | 861 |
if the personwho is transporting or has a loaded handgun in the | 862 |
motor vehicle or commercial motor vehicle in any manner, fail to | 863 |
shall do any of the following that is applicable: | 864 |
(b) If the person is the driver or an occupant of a | 872 |
commercial motor vehicle stopped by an employee of the motor | 873 |
carrier enforcement unit for any of the defined purposes, fail(2) | 874 |
Fail to promptly inform the employee of the unit who approaches | 875 |
the vehicle while stopped that the person has been issued a | 876 |
license or temporary emergency license to carry a concealed | 877 |
handgun and that the person then possesses or has a loaded handgun | 878 |
in the commercial motor vehicle. | 879 |
(5) If the person is the driver or an occupant of a motor | 891 |
vehicle that is stopped as a result of a traffic stop or a stop | 892 |
for another law enforcement purpose, if the person is transporting | 893 |
or has a loaded handgun in the motor vehicle in a manner | 894 |
authorized under division (E)(1) of this section, and if the | 895 |
person is approached by any law enforcement officer while stopped, | 896 |
knowingly remove or attempt to remove the loaded handgun from the | 897 |
holster, case, bag, box, container, or glove compartment, | 898 |
knowingly grasp or hold the loaded handgun, or knowingly(4) | 899 |
Knowingly have contact with the loaded handgun by touching it with | 900 |
the person's hands or fingers in the motor vehicle at any time | 901 |
after the law enforcement officer begins approaching and before | 902 |
the law enforcement officer leaves, unless the person removes, | 903 |
attempts to remove, grasps, holds, or has contact with the loaded | 904 |
handgun pursuant to and in accordance with directions given by the | 905 |
law enforcement officer; | 906 |
(6) If the person is the driver or an occupant of a motor | 907 |
vehicle that is stopped as a result of a traffic stop or a stop | 908 |
for another law enforcement purpose and if the person is | 909 |
transporting or has a loaded handgun in the motor vehicle in any | 910 |
manner, knowingly(5) Knowingly disregard or fail to comply with | 911 |
any lawful order of any law enforcement officer given while the | 912 |
motor vehicle is stopped, including, but not limited to, a | 913 |
specific order to the person to keep the person's hands in plain | 914 |
sight. | 915 |
(2) It is an affirmative defense to a charge under division | 1051 |
(B) or (C) of this section of improperly handling firearms in a | 1052 |
motor vehicle that the actor transported or had the firearm in the | 1053 |
motor vehicle for any lawful purpose and while the motor vehicle | 1054 |
was on the actor's own property, provided that this affirmative | 1055 |
defense is not available unless the person, immediately prior to | 1056 |
arriving at the actor's own property, did not transport or possess | 1057 |
the firearm in a motor vehicle in a manner prohibited by division | 1058 |
(B) or (C) of this section while the motor vehicle was being | 1059 |
operated on a street, highway, or other public or private property | 1060 |
used by the public for vehicular traffic. | 1061 |
(2)(a) If a person is convicted of, was convicted of, pleads | 1067 |
guilty to, or has pleaded guilty to a violation of division (E) of | 1068 |
this section as it existed prior to the effective date of this | 1069 |
amendment and if the conduct that was the basis of the violation | 1070 |
no longer would be a violation of division (E) of this section on | 1071 |
or after the effective date of this amendment, the person may file | 1072 |
an application under section 2953.37 of the Revised Code | 1073 |
requesting the expungement of the record of conviction. | 1074 |
If a person is convicted of, was convicted of, pleads guilty | 1075 |
to, or has pleaded guilty to a violation of division (B) or (C) of | 1076 |
this section as the division existed prior to the effective date | 1077 |
of this amendment and if the conduct that was the basis of the | 1078 |
violation no longer would be a violation of division (B) or (C) of | 1079 |
this section on or after the effective date of this amendment due | 1080 |
to the application of division (F)(5) of this section as it exists | 1081 |
on and after the effective date of this amendment, the person may | 1082 |
file an application under section 2953.37 of the Revised Code | 1083 |
requesting the expungement of the record of conviction. | 1084 |
(b) The attorney general shall develop a public media | 1085 |
advisory that summarizes the expungement procedure established | 1086 |
under section 2953.37 of the Revised Code and the offenders | 1087 |
identified in division (H)(2)(a) of this section who are | 1088 |
authorized to apply for the expungement. Within thirty days after | 1089 |
the effective date of this amendment, the attorney general shall | 1090 |
provide a copy of the advisory to each daily newspaper published | 1091 |
in this state and each television station that broadcasts in this | 1092 |
state. The attorney general may provide the advisory in a tangible | 1093 |
form, an electronic form, or in both tangible and electronic | 1094 |
forms. | 1095 |
(I) Whoever violates this section is guilty of improperly | 1096 |
handling firearms in a motor vehicle. Violation of division (A) of | 1097 |
this section is a felony of the fourth degree. Violation of | 1098 |
division (C) of this section is a misdemeanor of the fourth | 1099 |
degree. A violation of division (D) of this section is a felony of | 1100 |
the fifth degree or, if the loaded handgun is concealed on the | 1101 |
person's person, a felony of the fourth degree. Except as | 1102 |
otherwise provided in this division, a violation of division | 1103 |
(E)(3)(1) or (2) of this section is a misdemeanor of the first | 1104 |
degree, and, in addition to any other penalty or sanction imposed | 1105 |
for the violation, the offender's license or temporary emergency | 1106 |
license to carry a concealed handgun shall be suspended pursuant | 1107 |
to division (A)(2) of section 2923.128 of the Revised Code. If at | 1108 |
the time of the stop of the offender for a traffic stop, for | 1109 |
another law enforcement purpose, or for a purpose defined in | 1110 |
section 5503.34 of the Revised Code that was the basis of the | 1111 |
violation any law enforcement officer involved with the stop or | 1112 |
the employee of the motor carrier enforcement unit who made the | 1113 |
stop had actual knowledge of the offender's status as a licensee, | 1114 |
a violation of division (E)(3)(1) or (2) of this section is a | 1115 |
minor misdemeanor, and the offender's license or temporary | 1116 |
emergency license to carry a concealed handgun shall not be | 1117 |
suspended pursuant to division (A)(2) of section 2923.128 of the | 1118 |
Revised Code. A violation of division (E)(1), (2), or (5)(4) of | 1119 |
this section is a felony of the fifth degree. A violation of | 1120 |
division (E)(4)(3) or (6)(5) of this section is a misdemeanor of | 1121 |
the first degree or, if the offender previously has been convicted | 1122 |
of or pleaded guilty to a violation of division (E)(4)(3) or | 1123 |
(6)(5) of this section, a felony of the fifth degree. In addition | 1124 |
to any other penalty or sanction imposed for a misdemeanor | 1125 |
violation of division (E)(4)(3) or (6)(5) of this section, the | 1126 |
offender's license or temporary emergency license to carry a | 1127 |
concealed handgun shall be suspended pursuant to division (A)(2) | 1128 |
of section 2923.128 of the Revised Code. A violation of division | 1129 |
(B) of this section is whichever of the following is applicable: | 1130 |
(1) If, at the time of the transportation or possession in | 1131 |
violation of division (B) of this section, the offender was | 1132 |
carrying a valid license or temporary emergency license to carry a | 1133 |
concealed handgun issued to the offender under section 2923.125 or | 1134 |
2923.1213 of the Revised Code or a license to carry a concealed | 1135 |
handgun that was issued by another state with which the attorney | 1136 |
general has entered into a reciprocity agreement under section | 1137 |
109.69 of the Revised Code and the offender was not knowingly in a | 1138 |
place described in division (B) of section 2923.126 of the Revised | 1139 |
Code, the violation is a misdemeanor of the first degree or, if | 1140 |
the offender previously has been convicted of or pleaded guilty to | 1141 |
a violation of division (B) of this section, a felony of the | 1142 |
fourth degree. | 1143 |
(J) If a law enforcement officer stops a motor vehicle for a | 1146 |
traffic stop or any other purpose, if any person in the motor | 1147 |
vehicle surrenders a firearm to the officer, either voluntarily or | 1148 |
pursuant to a request or demand of the officer, and if the officer | 1149 |
does not charge the person with a violation of this section or | 1150 |
arrest the person for any offense, the person is not otherwise | 1151 |
prohibited by law from possessing the firearm, and the firearm is | 1152 |
not contraband, the officer shall return the firearm to the person | 1153 |
at the termination of the stop. If a court orders a law | 1154 |
enforcement officer to return a firearm to a person pursuant to | 1155 |
the requirement set forth in this division, division (B) of | 1156 |
section 2923.163 of the Revised Code applies. | 1157 |
(a) No ammunition is in the firearm in question, and no | 1168 |
ammunition is loaded into a magazine or speed loader that may be | 1169 |
used with the firearm in question and that is located anywhere | 1170 |
within the vehicle in question, without regard to where ammunition | 1171 |
otherwise is located within the vehicle in question. For the | 1172 |
purposes of division (K)(5)(a) of this section, ammunition held in | 1173 |
stripper-clips or in en-bloc clips is not considered ammunition | 1174 |
that is loaded into a magazine or speed loader. | 1175 |
Sec. 2953.321. (A) As used in this section, "investigatory | 1185 |
work product" means any records or reports of a law enforcement | 1186 |
officer or agency that are excepted from the definition of | 1187 |
"official records" contained in section 2953.51 of the Revised | 1188 |
Code and that pertain to a case the records of which have been | 1189 |
ordered sealed pursuant to division (C)(2) of section 2953.32 of | 1190 |
the Revised Code or have been ordered expunged pursuant to | 1191 |
division (D)(2) of section 2953.37 of the Revised Code. | 1192 |
(3) A law enforcement agency that possesses investigatory | 1209 |
work product may permit another law enforcement agency to use that | 1210 |
work product in the investigation of another offense if the facts | 1211 |
incident to the offense being investigated by the other law | 1212 |
enforcement agency and the facts incident to an offense that is | 1213 |
the subject of the case are reasonably similar. The agency that | 1214 |
permits the use of investigatory work product may provide the | 1215 |
other agency with the name of the person who is the subject of the | 1216 |
case if it believes that the name of the person is necessary to | 1217 |
the conduct of the investigation by the other agency. | 1218 |
(C)(1) Except as provided in division (B)(3) of this section, | 1219 |
no law enforcement officer or other person employed by a law | 1220 |
enforcement agency shall knowingly release, disseminate, or | 1221 |
otherwise make the investigatory work product or any information | 1222 |
contained in that work product available to, or discuss any | 1223 |
information contained in it with, any person not employed by the | 1224 |
employing law enforcement agency. | 1225 |
(2) No law enforcement agency, or person employed by a law | 1226 |
enforcement agency, that receives investigatory work product | 1227 |
pursuant to division (B)(3) of this section shall use that work | 1228 |
product for any purpose other than the investigation of the | 1229 |
offense for which it was obtained from the other law enforcement | 1230 |
agency, or disclose the name of the person who is the subject of | 1231 |
the work product except when necessary for the conduct of the | 1232 |
investigation of the offense, or the prosecution of the person for | 1233 |
committing the offense, for which it was obtained from the other | 1234 |
law enforcement agency. | 1235 |
(3) It is not a violation of division (C)(1) or (2) of this | 1236 |
section for the bureau of criminal identification and | 1237 |
investigation or any authorized employee of the bureau | 1238 |
participating in the investigation of criminal activity to | 1239 |
release, disseminate, or otherwise make available to, or discuss | 1240 |
with, a person directly employed by a law enforcement agency DNA | 1241 |
records collected in the DNA database or fingerprints filed for | 1242 |
record by the superintendent of the bureau of criminal | 1243 |
identification and investigation. | 1244 |
Sec. 2953.33. (A) ExceptAn order issued under section | 1248 |
2953.37 of the Revised Code to expunge the record of a person's | 1249 |
conviction or, except as provided in division (G) of section | 1250 |
2953.32 of the Revised Code, an order issued under that section to | 1251 |
seal the record of a person's conviction restores the person who | 1252 |
is the subject of the order to all rights and privileges not | 1253 |
otherwise restored by termination of the sentence or community | 1254 |
control sanction or by final release on parole or post-release | 1255 |
control. | 1256 |
(B)(1) In any application for employment, license, or other | 1257 |
right or privilege, any appearance as a witness, or any other | 1258 |
inquiry, except as provided in division (E) of section 2953.32 and | 1259 |
in section 3319.292 of the Revised Code and subject to division | 1260 |
(B)(2) of this section, a person may be questioned only with | 1261 |
respect to convictions not sealed, bail forfeitures not expunged | 1262 |
under section 2953.42 of the Revised Code as it existed prior to | 1263 |
June 29, 1988, and bail forfeitures not sealed, unless the | 1264 |
question bears a direct and substantial relationship to the | 1265 |
position for which the person is being considered. | 1266 |
Sec. 2953.35. (A) Except as authorized by divisions (D), | 1271 |
(E), and (F) of section 2953.32 of the Revised Code or by Chapter | 1272 |
2950. of the Revised Code, any officer or employee of the state, | 1273 |
or a political subdivision of the state, who releases or otherwise | 1274 |
disseminates or makes available for any purpose involving | 1275 |
employment, bonding, or licensing in connection with any business, | 1276 |
trade, or profession to any person, or to any department, agency, | 1277 |
or other instrumentality of the state, or any political | 1278 |
subdivision of the state, any information or other data concerning | 1279 |
any arrest, complaint, indictment, trial, hearing, adjudication, | 1280 |
conviction, or correctional supervision the records with respect | 1281 |
to which the officer or employee had knowledge of were sealed by | 1282 |
an existing order issued pursuant to sections 2953.31 to 2953.36 | 1283 |
of the Revised Code, were expunged by an order issued pursuant to | 1284 |
section 2953.37 of the Revised Code, or were expunged by an order | 1285 |
issued pursuant to section 2953.42 of the Revised Code as it | 1286 |
existed prior to June 29, 1988, is guilty of divulging | 1287 |
confidential information, a misdemeanor of the fourth degree. | 1288 |
(C) It is not a violation of this section for the bureau of | 1293 |
criminal identification and investigation or any authorized | 1294 |
employee of the bureau participating in the investigation of | 1295 |
criminal activity to release, disseminate, or otherwise make | 1296 |
available to, or discuss with, a person directly employed by a law | 1297 |
enforcement agency DNA records collected in the DNA database or | 1298 |
fingerprints filed for record by the superintendent of the bureau | 1299 |
of criminal identification and investigation. | 1300 |
(B) Any person who is convicted of, was convicted of, pleads | 1311 |
guilty to, or has pleaded guilty to a violation of division (B), | 1312 |
(C), or (E) of section 2923.16 of the Revised Code as the division | 1313 |
existed prior to the effective date of this section and who is | 1314 |
authorized by division (H)(2)(a) of that section to file an | 1315 |
application under this section for the expungement of the | 1316 |
conviction record may apply to the sentencing court for the | 1317 |
expungement of the record of conviction. The person may file the | 1318 |
application at any time on or after the effective date of this | 1319 |
section. The application shall do all of the following: | 1320 |
(C) Upon the filing of an application under division (B) of | 1332 |
this section and the payment of the fee described in division | 1333 |
(D)(3) of this section if applicable, the court shall set a date | 1334 |
for a hearing and shall notify the prosecutor for the case of the | 1335 |
hearing on the application. The prosecutor may object to the | 1336 |
granting of the application by filing an objection with the court | 1337 |
prior to the date set for the hearing. The prosecutor shall | 1338 |
specify in the objection the reasons for believing a denial of the | 1339 |
application is justified. The court shall direct its regular | 1340 |
probation officer, a state probation officer, or the department of | 1341 |
probation of the county in which the applicant resides to make | 1342 |
inquiries and written reports as the court requires concerning the | 1343 |
applicant. The court shall hold the hearing scheduled under this | 1344 |
division. | 1345 |
(2)(a) The court may order the expungement of all official | 1370 |
records pertaining to the case and the deletion of all index | 1371 |
references to the case and, if it does order the expungement, | 1372 |
shall send notice of the order to each public office or agency | 1373 |
that the court has reason to believe may have an official record | 1374 |
pertaining to the case if the court, after complying with division | 1375 |
(D)(1) of this section, determines both of the following: | 1376 |
(i) That the applicant has been convicted of or pleaded | 1377 |
guilty to a violation of division (E) of section 2923.16 of the | 1378 |
Revised Code as it existed prior to the effective date of this | 1379 |
section and the conduct that was the basis of the violation no | 1380 |
longer would be a violation of that division on or after the | 1381 |
effective date of this section, or that the applicant has been | 1382 |
convicted of or pleaded guilty to a violation of division (B) or | 1383 |
(C) of section 2923.16 of the Revised Code as the division existed | 1384 |
prior to the effective date of this section and the conduct that | 1385 |
was the basis of the violation no longer would be a violation of | 1386 |
that division on or after the effective date of this section due | 1387 |
to the application of division (F)(5) of that section as it exists | 1388 |
on and after the effective date of this section; | 1389 |
(b) The proceedings in the case that is the subject of an | 1394 |
order issued under division (D)(2)(a) of this section shall be | 1395 |
considered not to have occurred and the conviction or guilty plea | 1396 |
of the person who is the subject of the proceedings shall be | 1397 |
expunged. The record of the conviction shall not be used for any | 1398 |
purpose, including, but not limited to, a criminal records check | 1399 |
under section 109.572 of the Revised Code or a determination under | 1400 |
section 2923.125 or 2923.1212 of the Revised Code of eligibility | 1401 |
for a license or temporary emergency license to carry a concealed | 1402 |
handgun. The applicant may, and the court shall, reply that no | 1403 |
record exists with respect to the applicant upon any inquiry into | 1404 |
the matter. | 1405 |