As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 17

Senator Schaffer 

Cosponsors: Senators Jones, Faber, Cafaro, Jordan, Grendell, Daniels, Beagle, Seitz, Wilson, Widener, Oelslager, Manning, Cates, Hite, Niehaus, Obhof, Stewart 

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 

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A BILL

To amend sections 2923.121, 2923.125, 2923.128,

1

2923.16, 2953.321, 2953.33, and 2953.35 and to

2

enact section 2953.37 of the Revised Code to

3

permit a concealed carry licensee to possess a

4

firearm in a liquor permit premises, or an open

5

air arena, for which a D permit has been issued if

6

the licensee is not consuming beer or intoxicating

7

liquor or under the influence of alcohol or a drug

8

of abuse, to modify the offense of improperly

9

handling firearms in a motor vehicle as it applies

10

to concealed carry licensees, and to authorize the

11

expungement of a prior conviction of improperly

12

handling firearms in a motor vehicle that no

13

longer would be a crime under the bill.

14

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

Section 1. That sections 2923.121, 2923.125, 2923.128,	15
2923.16, 2953.321, 2953.33, and 2953.35 be amended and section	16
2953.37 of the Revised Code be enacted to read as follows:	17

Sec. 2923.121.  (A) No person shall possess a firearm in any	18
room in which any person is consuming beer or intoxicating liquor	19
in a premises for which a D permit has been issued under Chapter	20
4303. of the Revised Code or in an open air arena for which a	21
permit of that nature has been issued.	22

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

23

(a) An officer, agent, or employee of this or any other state	24
or the United States, or to a law enforcement officer, who is	25
authorized to carry firearms and is acting within the scope of the	26
officer's, agent's, or employee's duties;	27

(b) Any person who is employed in this state, who is	28
authorized to carry firearms, and who is subject to and in	29
compliance with the requirements of section 109.801 of the Revised	30
Code, unless the appointing authority of the person has expressly	31
specified that the exemption provided in division (B)(1)(b) of	32
this section does not apply to the person;	33

(c) Any room used for the accommodation of guests of a hotel,	34
as defined in section 4301.01 of the Revised Code;	35

(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

(2) This section does not prohibit any person who is a member	67
of a veteran's organization, as defined in section 2915.01 of the	68
Revised Code, from possessing a rifle in any room in any premises	69
owned, leased, or otherwise under the control of the veteran's	70
organization, if the rifle is not loaded with live ammunition and	71
if the person otherwise is not prohibited by law from having the	72
rifle.	73

(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

(C) It is an affirmative defense to a charge under this	82
section of illegal possession of a firearm in a liquor permit	83
premises that involves the possession of a firearm other than a	84
handgun, that the actor was not otherwise prohibited by law from	85
having the firearm, and that any of the following apply:	86

(1) The firearm was carried or kept ready at hand by the	87
actor for defensive purposes, while the actor was engaged in or	88
was going to or from the actor's lawful business or occupation,	89
which business or occupation was of such character or was	90
necessarily carried on in such manner or at such a time or place	91
as to render the actor particularly susceptible to criminal	92
attack, such as would justify a prudent person in going armed.	93

(2) The firearm was carried or kept ready at hand by the	94
actor for defensive purposes, while the actor was engaged in a	95
lawful activity, and had reasonable cause to fear a criminal	96
attack upon the actor or a member of the actor's family, or upon	97
the actor's home, such as would justify a prudent person in going	98
armed.	99

(D) No person who is charged with a violation of this section	100
shall be required to obtain a license or temporary emergency	101
license to carry a concealed handgun under section 2923.125 or	102
2923.1213 of the Revised Code as a condition for the dismissal of	103
the charge.	104

(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

(F) As used in this section, "beer" and "intoxicating liquor"	114
have the same meanings as in section 4301.01 of the Revised Code.	115

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

(B) An applicant for a license to carry a concealed handgun	126
shall submit a completed application form and all of the following	127
to the sheriff of the county in which the applicant resides or to	128
the sheriff of any county adjacent to the county in which the	129
applicant resides:	130

(1)(a) A nonrefundable license fee as described in either of	131
the following:	132

(i) For an applicant who has been a resident of this state	133
for five or more years, a fee of sixty-seven dollars;	134

(ii) For an applicant who has been a resident of this state	135
for less than five years, a fee of sixty-seven dollars plus the	136
actual cost of having a background check performed by the federal	137
bureau of investigation.	138

(b) No sheriff shall require an applicant to pay for the cost	139
of a background check performed by the bureau of criminal	140
identification and investigation.	141

(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

(d) The sheriff shall deposit all fees paid by an applicant	152
under division (B)(1)(a) of this section into the sheriff's	153
concealed handgun license issuance fund established pursuant to	154
section 311.42 of the Revised Code. The county shall distribute	155
the fees in accordance with section 311.42 of the Revised Code.	156

(2) A color photograph of the applicant that was taken within	157
thirty days prior to the date of the application;	158

(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

(a) An original or photocopy of a certificate of completion	170
of a firearms safety, training, or requalification or firearms	171
safety instructor course, class, or program that was offered by or	172
under the auspices of the national rifle association and that	173
complies with the requirements set forth in division (G) of this	174
section;	175

(b) An original or photocopy of a certificate of completion	176
of a firearms safety, training, or requalification or firearms	177
safety instructor course, class, or program that satisfies all of	178
the following criteria:	179

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

180

(ii) It utilized qualified instructors who were certified by	181
the national rifle association, the executive director of the Ohio	182
peace officer training commission pursuant to section 109.75 or	183
109.78 of the Revised Code, or a governmental official or entity	184
of another state.	185

(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

(iv) It complies with the requirements set forth in division	193
(G) of this section.	194

(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

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

207

(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

(4) A certification by the applicant that the applicant has	238
read the pamphlet prepared by the Ohio peace officer training	239
commission pursuant to section 109.731 of the Revised Code that	240
reviews firearms, dispute resolution, and use of deadly force	241
matters.	242

(5) A set of fingerprints of the applicant provided as	243
described in section 311.41 of the Revised Code through use of an	244
electronic fingerprint reading device or, if the sheriff to whom	245
the application is submitted does not possess and does not have	246
ready access to the use of such a reading device, on a standard	247
impression sheet prescribed pursuant to division (C)(2) of section	248
109.572 of the Revised Code.	249

(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

(a) The applicant is legally living in the United States, has	267
been a resident of this state for at least forty-five days, and	268
has been a resident of the county in which the person seeks the	269
license or a county adjacent to the county in which the person	270
seeks the license for at least thirty days. For purposes of	271
division (D)(1)(a) of this section:	272

(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

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

298

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

299

(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

(g) Except as otherwise provided in division (D)(1)(e) of	336
this section, the applicant, within five years of the date of the	337
application, has not been convicted of, pleaded guilty to, or	338
adjudicated a delinquent child for committing two or more	339
violations of section 2903.13 or 2903.14 of the Revised Code.	340

(h) Except as otherwise provided in division (D)(5) of this	341
section, the applicant, within ten years of the date of the	342
application, has not been convicted of, pleaded guilty to, or	343
adjudicated a delinquent child for committing a violation of	344
section 2921.33 of the Revised Code.	345

(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

(j) The applicant is not currently subject to a civil	355
protection order, a temporary protection order, or a protection	356
order issued by a court of another state.	357

(k) The applicant certifies that the applicant desires a	358
legal means to carry a concealed handgun for defense of the	359
applicant or a member of the applicant's family while engaged in	360
lawful activity.	361

(l) The applicant submits a competency certification of the	362
type described in division (B)(3) of this section and submits a	363
certification of the type described in division (B)(4) of this	364
section regarding the applicant's reading of the pamphlet prepared	365
by the Ohio peace officer training commission pursuant to section	366
109.731 of the Revised Code.	367

(m) The applicant currently is not subject to a suspension	368
imposed under division (A)(2) of section 2923.128 of the Revised	369
Code of a license to carry a concealed handgun, or a temporary	370
emergency license to carry a concealed handgun, that previously	371
was issued to the applicant under this section or section	372
2923.1213 of the Revised Code.	373

(2)(a) A license to carry a concealed handgun that a sheriff	374
issues under division (D)(1) of this section on or after March 14,	375
2007, shall expire five years after the date of issuance. A	376
license to carry a concealed handgun that a sheriff issued under	377
division (D)(1) of this section prior to March 14, 2007, shall	378
expire four years after the date of issuance.	379

If a sheriff issues a license under this section, the sheriff	380
shall place on the license a unique combination of letters and	381
numbers identifying the license in accordance with the procedure	382
prescribed by the Ohio peace officer training commission pursuant	383
to section 109.731 of the Revised Code.	384

(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

(3) If the sheriff with whom an application for a license to	410
carry a concealed handgun was filed under this section becomes	411
aware that the applicant has been arrested for or otherwise	412
charged with an offense that would disqualify the applicant from	413
holding the license, the sheriff shall suspend the processing of	414
the application until the disposition of the case arising from the	415
arrest or charge.	416

(4) If the sheriff determines that the applicant is legally	417
living in the United States and is a resident of the county in	418
which the applicant seeks the license or of an adjacent county but	419
does not yet meet the residency requirements described in division	420
(D)(1)(a) of this section, the sheriff shall not deny the license	421
because of the residency requirements but shall not issue the	422
license until the applicant meets those residency requirements.	423

(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

(b) If the licensee previously has renewed a license to carry	474
a concealed handgun issued under this section, a renewed	475
competency certification of the type described in division (G)(4)	476
of this section.	477

(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

(4) An applicant for a renewal license to carry a concealed	520
handgun shall submit to the sheriff of the county in which the	521
applicant resides or to the sheriff of any county adjacent to the	522
county in which the applicant resides a nonrefundable license fee	523
as described in either of the following:	524

(a) For an applicant who has been a resident of this state	525
for five or more years, a fee of fifty dollars;	526

(b) For an applicant who has been a resident of this state	527
for less than five years, a fee of fifty dollars plus the actual	528
cost of having a background check performed by the federal bureau	529
of investigation.	530

(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

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

541

(i) The ability to name, explain, and demonstrate the rules	542
for safe handling of a handgun and proper storage practices for	543
handguns and ammunition;	544

(ii) The ability to demonstrate and explain how to handle	545
ammunition in a safe manner;	546

(iii) The ability to demonstrate the knowledge, skills, and	547
attitude necessary to shoot a handgun in a safe manner;	548

(iv) Gun handling training.

549

(b) At least two hours of training that consists of range	550
time and live-fire training.	551

(2) To satisfactorily complete the course, class, or program	552
described in division (B)(3)(a), (b), (c), or (e) of this section,	553
the applicant shall pass a competency examination that shall	554
include both of the following:	555

(a) A written section on the ability to name and explain the	556
rules for the safe handling of a handgun and proper storage	557
practices for handguns and ammunition;	558

(b) A physical demonstration of competence in the use of a	559
handgun and in the rules for safe handling and storage of a	560
handgun and a physical demonstration of the attitude necessary to	561
shoot a handgun in a safe manner.	562

(3) The competency certification described in division	563
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	564
shall attest that the course, class, or program the applicant	565
successfully completed met the requirements described in division	566
(G)(1) of this section and that the applicant passed the	567
competency examination described in division (G)(2) of this	568
section.	569

(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

(B)(1) A sheriff who issues a license or temporary emergency	705
license to carry a concealed handgun to a licensee under section	706
2923.125 or 2923.1213 of the Revised Code shall revoke the license	707
or temporary emergency license in accordance with division (B)(2)	708
of this section upon becoming aware that the licensee satisfies	709
any of the following:	710

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

711

(b) Subject to division (C) of this section, at the time of	712
the issuance of the license or temporary emergency license, the	713
licensee did not satisfy the eligibility requirements of division	714
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	715
Revised Code.	716

(c) Subject to division (C) of this section, on or after the	717
date on which the license or temporary emergency license was	718
issued, the licensee is convicted of or pleads guilty to a	719
violation of section 2923.15 of the Revised Code or an offense	720
described in division (D)(1)(e), (f), (g), or (h) of section	721
2923.125 of the Revised Code.	722

(d) On or after the date on which the license or temporary	723
emergency license was issued, the licensee becomes subject to a	724
civil protection order or to a protection order issued by a court	725
of another state that is substantially equivalent to a civil	726
protection order.	727

(e) The licensee knowingly carries a concealed handgun into a	728
place that the licensee knows is an unauthorized place specified	729
in division (B) of section 2923.126 of the Revised Code.	730

(f) On or after the date on which the license or temporary	731
emergency license was issued, the licensee is adjudicated as a	732
mental defective or is committed to a mental institution.	733

(g) At the time of the issuance of the license or temporary	734
emergency license, the licensee did not meet the residency	735
requirements described in division (D)(1) of section 2923.125 of	736
the Revised Code and currently does not meet the residency	737
requirements described in that division.	738

(h) Regarding a license issued under section 2923.125 of the	739
Revised Code, the competency certificate the licensee submitted	740
was forged or otherwise was fraudulent.	741

(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

(D) As used in this section, "motor carrier enforcement unit"	788
has the same meaning as in section 2923.16 of the Revised Code.	789

Sec. 2923.16.  (A) No person shall knowingly discharge a	790
firearm while in or on a motor vehicle.	791

(B) No person shall knowingly transport or have a loaded	792
firearm in a motor vehicle in such a manner that the firearm is	793
accessible to the operator or any passenger without leaving the	794
vehicle.	795

(C) No person shall knowingly transport or have a firearm in	796
a motor vehicle, unless the person may lawfully possess that	797
firearm under applicable law of this state or the United States,	798
the firearm is unloaded, and the firearm is carried in one of the	799
following ways:	800

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

801

(2) In a compartment that can be reached only by leaving the	802
vehicle;	803

(3) In plain sight and secured in a rack or holder made for	804
the purpose;	805

(4) If the firearm is at least twenty-four inches in overall	806
length as measured from the muzzle to the part of the stock	807
furthest from the muzzle and if the barrel is at least eighteen	808
inches in length, either in plain sight with the action open or	809
the weapon stripped, or, if the firearm is of a type on which the	810
action will not stay open or which cannot easily be stripped, in	811
plain sight.	812

(D) No person shall knowingly transport or have a loaded	813
handgun in a motor vehicle if, at the time of that transportation	814
or possession, any of the following applies:	815

(1) The person is under the influence of alcohol, a drug of	816
abuse, or a combination of them.	817

(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

(E) No person who has been issued a license or temporary	826
emergency license to carry a concealed handgun under section	827
2923.125 or 2923.1213 of the Revised Code shall do any of the	828
following:	829

(1) Knowingly transport or have a loaded handgun in a motor	830
vehicle unless one of the following applies:	831

(a) The loaded handgun is in a holster on the person's	832
person.	833

(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

(c) The loaded handgun is securely encased by being stored in	839
a closed glove compartment or vehicle console or in a case that is	840
locked.	841

(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

(a) If the person is the driver or an occupant of a motor	865
vehicle stopped as a result of a traffic stop or a stop for	866
another law enforcement purpose, fail(1) Fail to promptly inform	867
any law enforcement officer who approaches the vehicle while	868
stopped that the person has been issued a license or temporary	869
emergency license to carry a concealed handgun and that the person	870
then possesses or has a loaded handgun in the motor vehicle;	871

(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

(4) If the person is the driver or an occupant of a motor	880
vehicle that is stopped as a result of a traffic stop or a stop	881
for another law enforcement purpose and if the person is	882
transporting or has a loaded handgun in the motor vehicle in any	883
manner, knowingly;	884

(3) Knowingly fail to remain in the motor vehicle while	885
stopped or knowingly fail to keep the person's hands in plain	886
sight at any time after any law enforcement officer begins	887
approaching the person while stopped and before the law	888
enforcement officer leaves, unless the failure is pursuant to and	889
in accordance with directions given by a law enforcement officer;	890

(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

(F)(1) Divisions (A), (B), (C), and (E) of this section do	916
not apply to any of the following:	917

(a) An officer, agent, or employee of this or any other state	918
or the United States, or a law enforcement officer, when	919
authorized to carry or have loaded or accessible firearms in motor	920
vehicles and acting within the scope of the officer's, agent's, or	921
employee's duties;	922

(b) Any person who is employed in this state, who is	923
authorized to carry or have loaded or accessible firearms in motor	924
vehicles, and who is subject to and in compliance with the	925
requirements of section 109.801 of the Revised Code, unless the	926
appointing authority of the person has expressly specified that	927
the exemption provided in division (F)(1)(b) of this section does	928
not apply to the person.	929

(2) Division (A) of this section does not apply to a person	930
if all of the following circumstances apply:	931

(a) The person discharges a firearm from a motor vehicle at a	932
coyote or groundhog, the discharge is not during the deer gun	933
hunting season as set by the chief of the division of wildlife of	934
the department of natural resources, and the discharge at the	935
coyote or groundhog, but for the operation of this section, is	936
lawful.	937

(b) The motor vehicle from which the person discharges the	938
firearm is on real property that is located in an unincorporated	939
area of a township and that either is zoned for agriculture or is	940
used for agriculture.	941

(c) The person owns the real property described in division	942
(F)(2)(b) of this section, is the spouse or a child of another	943
person who owns that real property, is a tenant of another person	944
who owns that real property, or is the spouse or a child of a	945
tenant of another person who owns that real property.	946

(d) The person does not discharge the firearm in any of the	947
following manners:	948

(i) While under the influence of alcohol, a drug of abuse, or	949
alcohol and a drug of abuse;	950

(ii) In the direction of a street, highway, or other public	951
or private property used by the public for vehicular traffic or	952
parking;	953

(iii) At or into an occupied structure that is a permanent or	954
temporary habitation;	955

(iv) In the commission of any violation of law, including,	956
but not limited to, a felony that includes, as an essential	957
element, purposely or knowingly causing or attempting to cause the	958
death of or physical harm to another and that was committed by	959
discharging a firearm from a motor vehicle.	960

(3) Division (A) of this section does not apply to a person	961
if all of the following apply:	962

(a) The person possesses a valid electric-powered all-purpose	963
vehicle permit issued under section 1533.103 of the Revised Code	964
by the chief of the division of wildlife.	965

(b) The person discharges a firearm at a wild quadruped or	966
game bird as defined in section 1531.01 of the Revised Code during	967
the open hunting season for the applicable wild quadruped or game	968
bird.	969

(c) The person discharges a firearm from a stationary	970
electric-powered all-purpose vehicle as defined in section 1531.01	971
of the Revised Code or a motor vehicle that is parked on a road	972
that is owned or administered by the division of wildlife,	973
provided that the road is identified by an electric-powered	974
all-purpose vehicle sign.	975

(d) The person does not discharge the firearm in any of the	976
following manners:	977

(i) While under the influence of alcohol, a drug of abuse, or	978
alcohol and a drug of abuse;	979

(ii) In the direction of a street, a highway, or other public	980
or private property that is used by the public for vehicular	981
traffic or parking;	982

(iii) At or into an occupied structure that is a permanent or	983
temporary habitation;	984

(iv) In the commission of any violation of law, including,	985
but not limited to, a felony that includes, as an essential	986
element, purposely or knowingly causing or attempting to cause the	987
death of or physical harm to another and that was committed by	988
discharging a firearm from a motor vehicle.	989

(4) Divisions (B) and (C) of this section do not apply to a	990
person if all of the following circumstances apply:	991

(a) At the time of the alleged violation of either of those	992
divisions, the person is the operator of or a passenger in a motor	993
vehicle.	994

(b) The motor vehicle is on real property that is located in	995
an unincorporated area of a township and that either is zoned for	996
agriculture or is used for agriculture.	997

(c) The person owns the real property described in division	998
(D)(4)(b) of this section, is the spouse or a child of another	999
person who owns that real property, is a tenant of another person	1000
who owns that real property, or is the spouse or a child of a	1001
tenant of another person who owns that real property.	1002

(d) The person, prior to arriving at the real property	1003
described in division (D)(4)(b) of this section, did not transport	1004
or possess a firearm in the motor vehicle in a manner prohibited	1005
by division (B) or (C) of this section while the motor vehicle was	1006
being operated on a street, highway, or other public or private	1007
property used by the public for vehicular traffic or parking.	1008

(5) Divisions (B) and (C) of this section do not apply to a	1009
person who transports or possesses a handgun in a motor vehicle	1010
if, at the time of that transportation or possession, allboth of	1011
the following apply:	1012

(a) The person transporting or possessing the handgun is	1013
carrying a valid license or temporary emergency license to carry a	1014
concealed handgun issued to the person under section 2923.125 or	1015
2923.1213 of the Revised Code or a license to carry a concealed	1016
handgun that was issued by another state with which the attorney	1017
general has entered into a reciprocity agreement under section	1018
109.69 of the Revised Code.	1019

(b) The person transporting or possessing the handgun is not	1020
knowingly in a place described in division (B) of section 2923.126	1021
of the Revised Code.	1022

(c) One of the following applies:

1023

(i) The handgun is in a holster on the person's person.

1024

(ii) The handgun is in a closed case, bag, box, or other	1025
container that is in plain sight and that has a lid, a cover, or a	1026
closing mechanism with a zipper, snap, or buckle, which lid,	1027
cover, or closing mechanism must be opened for a person to gain	1028
access to the handgun.	1029

(iii) The handgun is securely encased by being stored in a	1030
closed glove compartment or vehicle console or in a case that is	1031
locked.	1032

(6) Divisions (B) and (C) of this section do not apply to a	1033
person if all of the following apply:	1034

(a) The person possesses a valid electric-powered all-purpose	1035
vehicle permit issued under section 1533.103 of the Revised Code	1036
by the chief of the division of wildlife.	1037

(b) The person is on or in an electric-powered all-purpose	1038
vehicle as defined in section 1531.01 of the Revised Code or a	1039
motor vehicle during the open hunting season for a wild quadruped	1040
or game bird.	1041

(c) The person is on or in an electric-powered all-purpose	1042
vehicle as defined in section 1531.01 of the Revised Code or a	1043
motor vehicle that is parked on a road that is owned or	1044
administered by the division of wildlife, provided that the road	1045
is identified by an electric-powered all-purpose vehicle sign.	1046

(G)(1) The affirmative defenses authorized in divisions	1047
(D)(1) and (2) of section 2923.12 of the Revised Code are	1048
affirmative defenses to a charge under division (B) or (C) of this	1049
section that involves a firearm other than a handgun.	1050

(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

(H)(1) No person who is charged with a violation of division	1062
(B), (C), or (D) of this section shall be required to obtain a	1063
license or temporary emergency license to carry a concealed	1064
handgun under section 2923.125 or 2923.1213 of the Revised Code as	1065
a condition for the dismissal of the charge.	1066

(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

(2) If division (I)(1) of this section does not apply, a	1144
felony of the fourth degree.	1145

(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

(K) As used in this section:

1158

(1) "Motor vehicle," "street," and "highway" have the same	1159
meanings as in section 4511.01 of the Revised Code.	1160

(2) "Occupied structure" has the same meaning as in section	1161
2909.01 of the Revised Code.	1162

(3) "Agriculture" has the same meaning as in section 519.01	1163
of the Revised Code.	1164

(4) "Tenant" has the same meaning as in section 1531.01 of	1165
the Revised Code.	1166

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

1167

(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

(b) With respect to a firearm employing a percussion cap,	1176
flintlock, or other obsolete ignition system, when the weapon is	1177
uncapped or when the priming charge is removed from the pan.	1178

(6) "Commercial motor vehicle" has the same meaning as in	1179
division (A) of section 4506.25 of the Revised Code.	1180

(7) "Motor carrier enforcement unit" means the motor carrier	1181
enforcement unit in the department of public safety, division of	1182
state highway patrol, that is created by section 5503.34 of the	1183
Revised Code.	1184

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

(B) Upon the issuance of an order by a court pursuant to	1193
division (C)(2) of section 2953.32 of the Revised Code directing	1194
that all official records pertaining to a case be sealed or an	1195
order by a court pursuant to division (D)(2) of section 2953.37 of	1196
the Revised Code directing that all official records pertaining to	1197
a case be expunged:	1198

(1) Every law enforcement officer who possesses investigatory	1199
work product immediately shall deliver that work product to the	1200
law enforcement officer's employing law enforcement agency.	1201

(2) Except as provided in division (B)(3) of this section,	1202
every law enforcement agency that possesses investigatory work	1203
product shall close that work product to all persons who are not	1204
directly employed by the law enforcement agency and shall treat	1205
that work product, in relation to all persons other than those who	1206
are directly employed by the law enforcement agency, as if it did	1207
not exist and never had existed.	1208

(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

(D) Whoever violates division (C)(1) or (2) of this section	1245
is guilty of divulging confidential investigatory work product, a	1246
misdemeanor of the fourth degree.	1247

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

(2) A person may not be questioned in any application,	1267
appearance, or inquiry of a type described in division (B)(1) of	1268
this section with respect to any conviction expunged under section	1269
2953.37 of the Revised Code.	1270

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

(B) Any person who, in violation of section 2953.32 of the	1289
Revised Code, uses, disseminates, or otherwise makes available any	1290
index prepared pursuant to division (F) of section 2953.32 of the	1291
Revised Code is guilty of a misdemeanor of the fourth degree.	1292

(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

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

1301

(1) "Expunge" means to destroy, delete, and erase a record as	1302
appropriate for the record's physical or electronic form or	1303
characteristic so that the record is permanently irretrievable.	1304

(2) "Official records" has the same meaning as in section	1305
2953.51 of the Revised Code.	1306

(3) "Prosecutor" has the same meaning as in section 2953.31	1307
of the Revised Code.	1308

(4) "Record of conviction" means the record related to a	1309
conviction of or plea of guilty to an offense.	1310

(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

(1) Identify the applicant, the offense for which the	1321
expungement is sought, the date of the conviction of or plea of	1322
guilty to that offense, and the court in which the conviction	1323
occurred or the plea of guilty was entered;	1324

(2) Include evidence that the offense was a violation of	1325
division (B), (C), or (E) of section 2923.16 of the Revised Code	1326
as the division existed prior to the effective date of this	1327
section and that the applicant is authorized by division (H)(2)(a)	1328
of that section to file an application under this section;	1329

(3) Include a request for expungement of the record of	1330
conviction of that offense under this section.	1331

(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

(D)(1) At the hearing held under division (C) of this	1346
section, the court shall do each of the following:	1347

(a) Determine whether the applicant has been convicted of or	1348
pleaded guilty to a violation of division (E) of section 2923.16	1349
of the Revised Code as the division existed prior to the effective	1350
date of this section and whether the conduct that was the basis of	1351
the violation no longer would be a violation of that division on	1352
or after the effective date of this section;	1353

(b) Determine whether the applicant has been convicted of or	1354
pleaded guilty to a violation of division (B) or (C) of section	1355
2923.16 of the Revised Code as the division existed prior to the	1356
effective date of this section and whether the conduct that was	1357
the basis of the violation no longer would be a violation of that	1358
division on or after the effective date of this section due to the	1359
application of division (F)(5) of that section as it exists on and	1360
after the effective date of this section;	1361

(c) If the prosecutor has filed an objection in accordance	1362
with division (C) of this section, consider the reasons against	1363
granting the application specified by the prosecutor in the	1364
objection;	1365

(d) Weigh the interests of the applicant in having the	1366
records pertaining to the applicant's conviction or guilty plea	1367
expunged against the legitimate needs, if any, of the government	1368
to maintain those records.	1369

(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

(ii) That the interests of the applicant in having the	1390
records pertaining to the applicant's conviction or guilty plea	1391
expunged are not outweighed by any legitimate needs of the	1392
government to maintain those records.	1393

(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

(3) Upon the filing of an application under this section, the	1406
applicant, unless indigent, shall pay a fee of fifty dollars. The	1407
court shall pay thirty dollars of the fee into the state treasury	1408
and shall pay twenty dollars of the fee into the county general	1409
revenue fund.	1410

Section 2. That existing sections 2923.121, 2923.125,	1411
2923.128, 2923.16, 2953.321, 2953.33, and 2953.35 of the Revised	1412
Code are hereby repealed.	1413