As Reported by the Senate Civil Justice Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 234

Representatives Grossman, Becker 

Cosponsors: Representatives Boose, Lynch, Brenner, Hood, Beck, Hackett, Retherford, Stebelton, Thompson, Maag, Hagan, C., Burkley, Buchy, Barborak, Blessing, Cera, Hall, Hayes, Johnson, Perales Speaker Batchelder 

Senators Uecker, Coley 

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A BILL

To amend sections 109.69, 109.731, 311.41, 311.42,

1

2923.11, 2923.124, 2923.125, 2923.126, 2923.128,

2

2923.1213, 2923.13, 2923.17, 2929.14, and

3

2941.144, to enact sections 311.43 and 1533.04,

4

and to repeal sections 2923.1210 and 2923.22 of

5

the Revised Code to revise the law governing

6

firearms.

7

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

Section 1. That sections 109.69, 109.731, 311.41, 311.42,	8
2923.11, 2923.124, 2923.125, 2923.126, 2923.128, 2923.1213,	9
2923.13, 2923.17, 2929.14, and 2941.144 be amended and sections	10
311.43 and 1533.04 of the Revised Code be enacted to read as	11
follows:	12

Sec. 109.69. (A)(1) The attorney general shall negotiate and	13
enter into a reciprocity agreement with any other license-issuing	14
state under which a concealed handgun license that is issued by	15
the other state is recognized in this state, except as provided in	16
division (B) of this section, if the attorney general determines	17
that both of the following apply:	18

(a) The eligibility requirements imposed by that	19
license-issuing state for that license are substantially	20
comparable to the eligibility requirements for a concealed handgun	21
license issued under section 2923.125 of the Revised Code.	22

(b) That license-issuing state recognizes a concealed handgun	23
license issued under section 2923.125 of the Revised Code.	24

(2) A reciprocity agreement entered into under division	25
(A)(1) of this section also may provide for the recognition in	26
this state of a concealed handgun license issued on a temporary or	27
emergency basis by the other license-issuing state, if the	28
eligibility requirements imposed by that license-issuing state for	29
the temporary or emergency license are substantially comparable to	30
the eligibility requirements for a concealed handgun license	31
issued under section 2923.125 or 2923.1213 of the Revised Code and	32
if that license-issuing state recognizes a concealed handgun	33
license issued under section 2923.1213 of the Revised Code.	34

(3) The attorney general shall not negotiate any agreement	35
with any other license-issuing state under which a concealed	36
handgun license issued by the other state is recognized in this	37
state other than as provided in divisions (A)(1) and (2) of this	38
section.	39

(B)(1) If, on or after the effective date of this amendment,	40
a person who is a resident of this state has a valid concealed	41
handgun license that was issued by another license-issuing state	42
that has entered into a reciprocity agreement with the attorney	43
general under division (A)(1) of this section or the attorney	44
general determines that the eligibility requirements imposed by	45
that license-issuing state for that license are substantially	46
comparable to the eligibility requirements for a concealed handgun	47
license issued under section 2923.125 of the Revised Code, the	48
license issued by the other license-issuing state shall be	49
recognized in this state, shall be accepted and valid in this	50
state, and grants the person the same right to carry a concealed	51
handgun in this state as a person who was issued a concealed	52
handgun license under section 2923.125 of the Revised Code.	53

(2) If, on or after the effective date of this amendment, a	54
person who is a resident of this state has a valid concealed	55
handgun license that was issued by another license-issuing state	56
that has not entered into a reciprocity agreement with the	57
attorney general under division (A)(1) of this section, the	58
license issued by the other license-issuing state shall be	59
recognized in this state, shall be accepted and valid in this	60
state, and grants the person the same right to carry a concealed	61
handgun in this state as a person who was issued a concealed	62
handgun license under section 2923.125 of the Revised Code for a	63
period of six months after the person became a resident of this	64
state. After that six-month period, if the person wishes to obtain	65
a concealed handgun license, the person shall apply for a	66
concealed handgun license pursuant to section 2923.125 of the	67
Revised Code.	68

(3) If, on or after the effective date of this amendment, a	69
person who is not a resident of this state has a valid concealed	70
handgun license that was issued by another license-issuing state,	71
regardless of whether the other license-issuing state has entered	72
into a reciprocity agreement with the attorney general under	73
division (A)(1) of this section, and the person is temporarily in	74
this state, during the time that the person is temporarily in this	75
state the license issued by the other license-issuing state shall	76
be recognized in this state, shall be accepted and valid in this	77
state, and grants the person the same right to carry a concealed	78
handgun in this state as a person who was issued a concealed	79
handgun license under section 2923.125 of the Revised Code.	80

(C) The attorney general shall publish each determination	81
described in division (B)(1) of this section that the attorney	82
general makes in the same manner that written agreements entered	83
into under division (A)(1) or (2) of this section are published.	84

(D) As used in this section:

85

(1) "Handgun," and "concealed handgun license," and "valid	86
concealed handgun license" have the same meanings as in section	87
2923.11 of the Revised Code.	88

(2) "License-issuing state" means a state other than this	89
state that, pursuant to law, provides for the issuance of a	90
license to carry a concealed handgun.	91

Sec. 109.731.  (A)(1) The Ohio peace officer training	92
commissionattorney general shall prescribe, and shall make	93
available to sheriffs, all of the following:	94

(1) Anan application form that is to be used under section	95
2923.125 of the Revised Code by a person who applies for a	96
concealed handgun license and an application form that is to be	97
used under section 2923.125 of the Revised Code by a person who	98
applies for the renewal of a license of that nature, both of which	99
shall conform substantially to the forms prescribed in section	100
2923.1210 of the Revised Code;	101

(2) A. The attorney general shall design the form to enable	102
applicants to provide the information that is required by law to	103
be collected, and shall update the form as necessary. Burdens or	104
restrictions to obtaining a concealed handgun license that are not	105
expressly prescribed in law shall not be incorporated into the	106
form. The attorney general shall post a printable version of the	107
form on the web site of the attorney general and shall provide the	108
address of the web site to any person who requests the form.	109

(2) The Ohio peace officer training commission shall	110
prescribe, and shall make available to sheriffs, all of the	111
following:	112

(a) A form for the concealed handgun license that is to be	113
issued by sheriffs to persons who qualify for a concealed handgun	114
license under section 2923.125 of the Revised Code and that	115
conforms to the following requirements:	116

(a)(i) It has space for the licensee's full name, residence	117
address, and date of birth and for a color photograph of the	118
licensee.	119

(b)(ii) It has space for the date of issuance of the license,	120
its expiration date, its county of issuance, the name of the	121
sheriff who issues the license, and the unique combination of	122
letters and numbers that identify the county of issuance and the	123
license given to the licensee by the sheriff in accordance with	124
division (A)(4)(2)(c) of this section.	125

(c)(iii) It has space for the signature of the licensee and	126
the signature or a facsimile signature of the sheriff who issues	127
the license.	128

(d)(iv) It does not require the licensee to include serial	129
numbers of handguns, other identification related to handguns, or	130
similar data that is not pertinent or relevant to obtaining the	131
license and that could be used as a de facto means of registration	132
of handguns owned by the licensee.	133

(3)(b) A series of three-letter county codes that identify	134
each county in this state;	135

(4)(c) A procedure by which a sheriff shall give each	136
concealed handgun license, replacement concealed handgun license,	137
or renewal concealed handgun license and each concealed handgun	138
license on a temporary emergency basis or replacement license on a	139
temporary emergency basis the sheriff issues under section	140
2923.125 or 2923.1213 of the Revised Code a unique combination of	141
letters and numbers that identifies the county in which the	142
license was issued and that uses the county code and a unique	143
number for each license the sheriff of that county issues;	144

(5)(d) A form for a concealed handgun license on a temporary	145
emergency basis that is to be issued by sheriffs to persons who	146
qualify for such a license under section 2923.1213 of the Revised	147
Code, which form shall conform to all the requirements set forth	148
in divisions (A)(2)(a)(i) to (d)(iv) of this section and shall	149
additionally conspicuously specify that the license is issued on a	150
temporary emergency basis and the date of its issuance.	151

(B)(1) The Ohio peace officer training commission, in	152
consultation with the attorney general, shall prepare a pamphlet	153
that does all of the following, in everyday language:	154

(a) Explains the firearms laws of this state;

155

(b) Instructs the reader in dispute resolution and explains	156
the laws of this state related to that matter;	157

(c) Provides information to the reader regarding all aspects	158
of the use of deadly force with a firearm, including, but not	159
limited to, the steps that should be taken before contemplating	160
the use of, or using, deadly force with a firearm, possible	161
alternatives to using deadly force with a firearm, and the law	162
governing the use of deadly force with a firearm.	163

(2) The attorney general shall consult with and assist the	164
commission in the preparation of the pamphlet described in	165
division (B)(1) of this section and, as necessary, shall recommend	166
to the commission changes in the pamphlet to reflect changes in	167
the law that are relevant to it. The attorney general shall	168
publish the pamphlet on the web site of the attorney general and	169
shall provide the address of the web site to any person who	170
requests the pamphlet.	171

(C) The Ohio peace officer training commission shall maintain	172
statistics with respect to the issuance, renewal, suspension,	173
revocation, and denial of concealed handgun licenses under section	174
2923.125 of the Revised Code and the suspension of processing of	175
applications for those licenses, and with respect to the issuance,	176
suspension, revocation, and denial of concealed handgun licenses	177
on a temporary emergency basis under section 2923.1213 of the	178
Revised Code, as reported by the sheriffs pursuant to division (C)	179
of section 2923.129 of the Revised Code. Not later than the first	180
day of March in each year, the commission shall submit a	181
statistical report to the governor, the president of the senate,	182
and the speaker of the house of representatives indicating the	183
number of concealed handgun licenses that were issued, renewed,	184
suspended, revoked, and denied under section 2923.125 of the	185
Revised Code in the previous calendar year, the number of	186
applications for those licenses for which processing was suspended	187
in accordance with division (D)(3) of that section in the previous	188
calendar year, and the number of concealed handgun licenses on a	189
temporary emergency basis that were issued, suspended, revoked, or	190
denied under section 2923.1213 of the Revised Code in the previous	191
calendar year. Nothing in the statistics or the statistical report	192
shall identify, or enable the identification of, any individual	193
who was issued or denied a license, for whom a license was	194
renewed, whose license was suspended or revoked, or for whom	195
application processing was suspended. The statistics and the	196
statistical report are public records for the purpose of section	197
149.43 of the Revised Code.	198

(D) As used in this section, "concealed handgun license" and	199
"handgun" have the same meanings as in section 2923.11 of the	200
Revised Code.	201

Sec. 311.41. (A)(1) Upon receipt of an application for a	202
concealed handgun license under division (C) of section 2923.125	203
of the Revised Code, an application to renew a concealed handgun	204
license under division (F) of that section, or an application for	205
a concealed handgun license on a temporary emergency basis under	206
section 2923.1213 of the Revised Code, the sheriff shall conduct a	207
criminal records check and an incompetency check of the applicant	208
to determine whether the applicant fails to meet the criteria	209
described in division (D)(1) of section 2923.125 of the Revised	210
Code. As part of any such criminal records check, the sheriff	211
shall contact the national instant criminal background check	212
system to verify that the applicant is eligible lawfully to	213
receive or possess a firearm in the United States. The sheriff	214
shall conduct the criminal records check and the incompetency	215
records check required by this division through use of an	216
electronic fingerprint reading device or, if the sheriff does not	217
possess and does not have ready access to the use of an electronic	218
fingerprint reading device, by requesting the bureau of criminal	219
identification and investigation to conduct the checks as	220
described in this division.	221

In order to conduct the criminal records check and the	222
incompetency records check, the sheriff shall obtain the	223
fingerprints of at least four fingers of the applicant by using an	224
electronic fingerprint reading device for the purpose of	225
conducting the criminal records check and the incompetency records	226
check or, if the sheriff does not possess and does not have ready	227
access to the use of an electronic fingerprint reading device,	228
shall obtain from the applicant a completed standard fingerprint	229
impression sheet prescribed pursuant to division (C)(2) of section	230
109.572 of the Revised Code. The fingerprints so obtained, along	231
with the applicant's social security number, shall be used to	232
conduct the criminal records check and the incompetency records	233
check. If the sheriff does not use an electronic fingerprint	234
reading device to obtain the fingerprints and conduct the records	235
checks, the sheriff shall submit the completed standard	236
fingerprint impression sheet of the applicant, along with the	237
applicant's social security number, to the superintendent of the	238
bureau of criminal identification and investigation and shall	239
request the bureau to conduct the criminal records check and the	240
incompetency records check of the applicant and, if necessary,	241
shall request the superintendent of the bureau to obtain	242
information from the federal bureau of investigation as part of	243
the criminal records check for the applicant. If it is not	244
possible to use an electronic fingerprint reading device to	245
conduct an incompetency records check, the sheriff shall submit	246
the completed standard fingerprint impression sheet of the	247
applicant, along with the applicant's social security number, to	248
the superintendent of the bureau of criminal identification and	249
investigation and shall request the bureau to conduct the	250
incompetency records check. The sheriff shall not retain the	251
applicant's fingerprints as part of the application.	252

(2) Except as otherwise provided in this division, if at any	253
time the applicant decides not to continue with the application	254
process, the sheriff immediately shall cease any investigation	255
that is being conducted under division (A)(1) of this section. The	256
sheriff shall not cease that investigation if, at the time of the	257
applicant's decision not to continue with the application process,	258
the sheriff had determined from any of the sheriff's	259
investigations that the applicant then was engaged in activity of	260
a criminal nature.	261

(B) If a criminal records check and an incompetency records	262
check conducted under division (A) of this section do not indicate	263
that the applicant fails to meet the criteria described in	264
division (D)(1) of section 2923.125 of the Revised Code, except as	265
otherwise provided in this division, the sheriff shall destroy or	266
cause a designated employee to destroy all records other than the	267
application for a concealed handgun license, the application to	268
renew a concealed handgun license, or the affidavit submitted	269
regarding an application for a concealed handgun license on a	270
temporary emergency basis that were made in connection with the	271
criminal records check and incompetency records check within	272
twenty days after conducting the criminal records check and	273
incompetency records check. If an applicant appeals a denial of an	274
application as described in division (D)(2) of section 2923.125 of	275
the Revised Code or challenges the results of a criminal records	276
check pursuant to section 2923.127 of the Revised Code, records of	277
fingerprints of the applicant shall not be destroyed during the	278
pendency of the appeal or the challenge and review. When an	279
applicant appeals a denial as described in that division, the	280
twenty-day period described in this division commences regarding	281
the fingerprints upon the determination of the appeal. When	282
required as a result of a challenge and review performed pursuant	283
to section 2923.127 of the Revised Code, the source the sheriff	284
used in conducting the criminal records check shall destroy or the	285
chief operating officer of the source shall cause an employee of	286
the source designated by the chief to destroy all records other	287
than the application for a concealed handgun license, the	288
application to renew a concealed handgun license, or the affidavit	289
submitted regarding an application for a concealed handgun license	290
on a temporary emergency basis that were made in connection with	291
the criminal records check within twenty days after completion of	292
that challenge and review.	293

(C) If division (B) of this section applies to a particular	294
criminal records check or incompetency records check, no sheriff,	295
employee of a sheriff designated by the sheriff to destroy records	296
under that division, source the sheriff used in conducting the	297
criminal records check or incompetency records check, or employee	298
of the source designated by the chief operating officer of the	299
source to destroy records under that division shall fail to	300
destroy or cause to be destroyed within the applicable twenty-day	301
period specified in that division all records other than the	302
application for a concealed handgun license, the application to	303
renew a concealed handgun license, or the affidavit submitted	304
regarding an application for a concealed handgun license on a	305
temporary emergency basis made in connection with the particular	306
criminal records check or incompetency records check.	307

(D) Whoever violates division (C) of this section is guilty	308
of failure to destroy records, a misdemeanor of the second degree.	309

(E) As used in this section, "concealed:

310

(1) "Concealed handgun license" and "handgun" have the same	311
meanings as in section 2923.11 of the Revised Code.	312

(2) "National instant criminal background check system" means	313
the system established by the United States attorney general	314
pursuant to section 103 of the "Brady Handgun Violence Prevention	315
Act," Pub. L. No. 103-159.	316

Sec. 311.42.  (A) Each county shall establish in the county	317
treasury a sheriff's concealed handgun license issuance expense	318
fund. The sheriff of that county shall deposit into that fund all	319
fees paid by applicants for the issuance or renewal of a concealed	320
handgun license or duplicate concealed handgun license under	321
section 2923.125 of the Revised Code and all fees paid by the	322
person seeking a concealed handgun license on a temporary	323
emergency basis under section 2923.1213 of the Revised Code. The	324
county shall distribute all fees deposited into the fund except	325
forty dollars of each fee paid by an applicant under division (B)	326
of section 2923.125 of the Revised Code, fifteen dollars of each	327
fee paid under section 2923.1213 of the Revised Code, and	328
thirty-five dollars of each fee paid under division (F) of section	329
2923.125 of the Revised Code to the attorney general to be used to	330
pay the cost of background checks performed by the bureau of	331
criminal identification and investigation and the federal bureau	332
of investigation and to cover administrative costs associated with	333
issuing the license.	334

(B) The sheriff, with the approval of the board of county	335
commissioners, may expend any county portion of the fees deposited	336
into the sheriff's concealed handgun license issuance expense fund	337
for any costs incurred by the sheriff in connection with	338
performing any administrative functions related to the issuance of	339
concealed handgun licenses under section 2923.125 or 2923.1213 of	340
the Revised Code, including, but not limited to, personnel	341
expenses and theany costs of any handgunassociated with a	342
firearm safety education program, or a firearm training or	343
qualification program that the sheriff chooses to fund.	344
Additionally, the sheriff, with the approval of the board of	345
county commissioners, may expend any county portion of the fees	346
deposited into the sheriff's concealed handgun license issuance	347
expense fund for costs of ammunition used in a course, class, or	348
program administered by the sheriff for a concealed handgun	349
license.	350

Sec. 311.43. (A) As used in this section:

351

(1) "Certification" means the participation and assent of the	352
chief law enforcement officer necessary under federal law for the	353
approval of an application to make or transfer a firearm.	354

(2) "Chief law enforcement officer" means any official the	355
bureau of alcohol, tobacco, firearms, and explosives, or any	356
successor agency, identifies by regulation or otherwise as	357
eligible to provide any required certification for the making or	358
transfer of a firearm.	359

(3) "Concealed handgun license" has the same meaning as in	360
section 2923.11 of the Revised Code.	361

(B) A resident of this state may submit to the sheriff of the	362
county in which the resident resides or to the sheriff of any	363
county adjacent to the county in which the resident resides any	364
federal form that requires a law enforcement certification by a	365
chief law enforcement officer.	366

(C) The sheriff shall accept and process the certification in	367
the same manner as an application for a concealed handgun license	368
is processed under section 2923.125 of the Revised Code, including	369
the requirement for a background check, except as follows:	370

(1) If a resident of this state submits one or more federal	371
forms, the sheriff shall charge the resident no more than the	372
applicable fee described in division (B)(1)(a) of section 2923.125	373
of the Revised Code, without regard to how many federal forms are	374
submitted at the same time.	375

(2) If a resident of this state submits one or more federal	376
forms and currently has a concealed handgun license or the sheriff	377
has previously approved a federal form for that resident, the	378
sheriff shall charge the resident no more than the applicable fee	379
described in division (F)(4) of section 2923.125 of the Revised	380
Code, without regard to how many federal forms are submitted at	381
the same time.	382

Sec. 1533.04.  (A) A person who holds a valid hunting license	383
issued under this chapter and who hunts game birds or wild	384
quadrupeds may use a suppressor attached to a gun that is	385
authorized to be used for hunting by section 1533.16 of the	386
Revised Code while hunting, provided that the person is authorized	387
to possess the suppressor under state and federal laws and has	388
registered the suppressor in accordance with the "National	389
Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as	390
amended.	391

(B) As used in this section, "suppressor" means any device	392
used for diminishing the sound of any shot, bullet, or projectile	393
that is discharged from a gun that is authorized to be used for	394
hunting by section 1533.16 of the Revised Code.	395

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	396
Revised Code:	397

(A) "Deadly weapon" means any instrument, device, or thing	398
capable of inflicting death, and designed or specially adapted for	399
use as a weapon, or possessed, carried, or used as a weapon.	400

(B)(1) "Firearm" means any deadly weapon capable of expelling	401
or propelling one or more projectiles by the action of an	402
explosive or combustible propellant. "Firearm" includes an	403
unloaded firearm, and any firearm that is inoperable but that can	404
readily be rendered operable.	405

(2) When determining whether a firearm is capable of	406
expelling or propelling one or more projectiles by the action of	407
an explosive or combustible propellant, the trier of fact may rely	408
upon circumstantial evidence, including, but not limited to, the	409
representations and actions of the individual exercising control	410
over the firearm.	411

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

412

(1) Any firearm that has a short stock and is designed to be	413
held and fired by the use of a single hand;	414

(2) Any combination of parts from which a firearm of a type	415
described in division (C)(1) of this section can be assembled.	416

(D) "Semi-automatic firearm" means any firearm designed or	417
specially adapted to fire a single cartridge and automatically	418
chamber a succeeding cartridge ready to fire, with a single	419
function of the trigger.	420

(E) "Automatic firearm" means any firearm designed or	421
specially adapted to fire a succession of cartridges with a single	422
function of the trigger. "Automatic firearm" also means any	423
semi-automatic firearm designed or specially adapted to fire more	424
than thirty-one cartridges without reloading, other than a firearm	425
chambering only .22 caliber short, long, or long-rifle cartridges.	426

(F) "Sawed-off firearm" means a shotgun with a barrel less	427
than eighteen inches long, or a rifle with a barrel less than	428
sixteen inches long, or a shotgun or rifle less than twenty-six	429
inches long overall.	430

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

431

(1) Any firearm of crude and extemporized manufacture;

432

(2) Any device, including without limitation a starter's	433
pistol, that is not designed as a firearm, but that is specially	434
adapted for use as a firearm;	435

(3) Any industrial tool, signalling device, or safety device,	436
that is not designed as a firearm, but that as designed is capable	437
of use as such, when possessed, carried, or used as a firearm.	438

(H) "Explosive device" means any device designed or specially	439
adapted to cause physical harm to persons or property by means of	440
an explosion, and consisting of an explosive substance or agency	441
and a means to detonate it. "Explosive device" includes without	442
limitation any bomb, any explosive demolition device, any blasting	443
cap or detonator containing an explosive charge, and any pressure	444
vessel that has been knowingly tampered with or arranged so as to	445
explode.	446

(I) "Incendiary device" means any firebomb, and any device	447
designed or specially adapted to cause physical harm to persons or	448
property by means of fire, and consisting of an incendiary	449
substance or agency and a means to ignite it.	450

(J) "Ballistic knife" means a knife with a detachable blade	451
that is propelled by a spring-operated mechanism.	452

(K) "Dangerous ordnance" means any of the following, except	453
as provided in division (L) of this section:	454

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	455
knife;	456

(2) Any explosive device or incendiary device;

457

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	458
cyclonite, TNT, picric acid, and other high explosives; amatol,	459
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	460
explosive compositions; plastic explosives; dynamite, blasting	461
gelatin, gelatin dynamite, sensitized ammonium nitrate,	462
liquid-oxygen blasting explosives, blasting powder, and other	463
blasting agents; and any other explosive substance having	464
sufficient brisance or power to be particularly suitable for use	465
as a military explosive, or for use in mining, quarrying,	466
excavating, or demolitions;	467

(4) Any firearm, rocket launcher, mortar, artillery piece,	468
grenade, mine, bomb, torpedo, or similar weapon, designed and	469
manufactured for military purposes, and the ammunition for that	470
weapon;	471

(5) Any firearm muffler or silencersuppressor;

472

(6) Any combination of parts that is intended by the owner	473
for use in converting any firearm or other device into a dangerous	474
ordnance.	475

(L) "Dangerous ordnance" does not include any of the	476
following:	477

(1) Any firearm, including a military weapon and the	478
ammunition for that weapon, and regardless of its actual age, that	479
employs a percussion cap or other obsolete ignition system, or	480
that is designed and safe for use only with black powder;	481

(2) Any pistol, rifle, or shotgun, designed or suitable for	482
sporting purposes, including a military weapon as issued or as	483
modified, and the ammunition for that weapon, unless the firearm	484
is an automatic or sawed-off firearm;	485

(3) Any cannon or other artillery piece that, regardless of	486
its actual age, is of a type in accepted use prior to 1887, has no	487
mechanical, hydraulic, pneumatic, or other system for absorbing	488
recoil and returning the tube into battery without displacing the	489
carriage, and is designed and safe for use only with black powder;	490

(4) Black powder, priming quills, and percussion caps	491
possessed and lawfully used to fire a cannon of a type defined in	492
division (L)(3) of this section during displays, celebrations,	493
organized matches or shoots, and target practice, and smokeless	494
and black powder, primers, and percussion caps possessed and	495
lawfully used as a propellant or ignition device in small-arms or	496
small-arms ammunition;	497

(5) Dangerous ordnance that is inoperable or inert and cannot	498
readily be rendered operable or activated, and that is kept as a	499
trophy, souvenir, curio, or museum piece.	500

(6) Any device that is expressly excepted from the definition	501
of a destructive device pursuant to the "Gun Control Act of 1968,"	502
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	503
issued under that act.	504

(M) "Explosive" means any chemical compound, mixture, or	505
device, the primary or common purpose of which is to function by	506
explosion. "Explosive" includes all materials that have been	507
classified as division 1.1, division 1.2, division 1.3, or	508
division 1.4 explosives by the United States department of	509
transportation in its regulations and includes, but is not limited	510
to, dynamite, black powder, pellet powders, initiating explosives,	511
blasting caps, electric blasting caps, safety fuses, fuse	512
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	513
igniter cords and igniters. "Explosive" does not include	514
"fireworks," as defined in section 3743.01 of the Revised Code, or	515
any substance or material otherwise meeting the definition of	516
explosive set forth in this section that is manufactured, sold,	517
possessed, transported, stored, or used in any activity described	518
in section 3743.80 of the Revised Code, provided the activity is	519
conducted in accordance with all applicable laws, rules, and	520
regulations, including, but not limited to, the provisions of	521
section 3743.80 of the Revised Code and the rules of the fire	522
marshal adopted pursuant to section 3737.82 of the Revised Code.	523

(N)(1) "Concealed handgun license" or "license to carry a	524
concealed handgun" means, subject to division (N)(2) of this	525
section, a license or temporary emergency license to carry a	526
concealed handgun issued under section 2923.125 or 2923.1213 of	527
the Revised Code or a license to carry a concealed handgun issued	528
by another state with which the attorney general has entered into	529
a reciprocity agreement under section 109.69 of the Revised Code.	530

(2) A reference in any provision of the Revised Code to a	531
concealed handgun license issued under section 2923.125 of the	532
Revised Code or a license to carry a concealed handgun issued	533
under section 2923.125 of the Revised Code means only a license of	534
the type that is specified in that section. A reference in any	535
provision of the Revised Code to a concealed handgun license	536
issued under section 2923.1213 of the Revised Code, a license to	537
carry a concealed handgun issued under section 2923.1213 of the	538
Revised Code, or a license to carry a concealed handgun on a	539
temporary emergency basis means only a license of the type that is	540
specified in section 2923.1213 of the Revised Code. A reference in	541
any provision of the Revised Code to a concealed handgun license	542
issued by another state or a license to carry a concealed handgun	543
issued by another state means only a license issued by another	544
state with which the attorney general has entered into a	545
reciprocity agreement under section 109.69 of the Revised Code.	546

(O) "Valid concealed handgun license" or "valid license to	547
carry a concealed handgun" means a concealed handgun license that	548
is currently valid, that is not under a suspension under division	549
(A)(1) of section 2923.128 of the Revised Code, under section	550
2923.1213 of the Revised Code, or under a suspension provision of	551
the state other than this state in which the license was issued,	552
and that has not been revoked under division (B)(1) of section	553
2923.128 of the Revised Code, under section 2923.1213 of the	554
Revised Code, or under a revocation provision of the state other	555
than this state in which the license was issued.	556

(P) "Misdemeanor punishable by imprisonment for a term	557
exceeding one year" does not include any of the following:	558

(1) Any federal or state offense pertaining to antitrust	559
violations, unfair trade practices, restraints of trade, or other	560
similar offenses relating to the regulation of business practices;	561

(2) Any misdemeanor offense punishable by a term of	562
imprisonment of two years or less.	563

(Q) "Alien registration number" means the number issued by	564
the United States citizenship and immigration services agency that	565
is located on the alien's permanent resident card and may also be	566
commonly referred to as the "USCIS number" or the "alien number."	567

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	568
the Revised Code:	569

(A) "Application form" means the application form prescribed	570
pursuant to division (A)(1) of section 109.731 of the Revised Code	571
and includes a copy of that form.	572

(B) "Competency certification" and "competency certificate"	573
mean a document of the type described in division (B)(3) of	574
section 2923.125 of the Revised Code.	575

(C) "Detention facility" has the same meaning as in section	576
2921.01 of the Revised Code.	577

(D) "Licensee" means a person to whom a concealed handgun	578
license has been issued under section 2923.125 of the Revised Code	579
and, except when the context clearly indicates otherwise, includes	580
a person to whom a concealed handgun license on a temporary	581
emergency basis has been issued under section 2923.1213 of the	582
Revised Code and a person to whom a concealed handgun license has	583
been issued by another state.	584

(E) "License fee" or "license renewal fee" means the fee for	585
a concealed handgun license or the fee to renew that license that	586
is prescribed pursuant to division (C) of section 109.731 of the	587
Revised Code and that is to be paid by an applicant for a license	588
of that type.	589

(F) "Peace officer" has the same meaning as in section	590
2935.01 of the Revised Code.	591

(G) "State correctional institution" has the same meaning as	592
in section 2967.01 of the Revised Code.	593

(H) "Civil protection order" means a protection order issued,	594
or consent agreement approved, under section 2903.214 or 3113.31	595
of the Revised Code.	596

(I) "Temporary protection order" means a protection order	597
issued under section 2903.213 or 2919.26 of the Revised Code.	598

(J) "Protection order issued by a court of another state" has	599
the same meaning as in section 2919.27 of the Revised Code.	600

(K) "Child day-care center," "type A family day-care home"	601
and "type B family day-care home" have the same meanings as in	602
section 5104.01 of the Revised Code.	603

(L) "Foreign air transportation," "interstate air	604
transportation," and "intrastate air transportation" have the same	605
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	606

(M) "Commercial motor vehicle" has the same meaning as in	607
division (A) of section 4506.25 of the Revised Code.	608

(N) "Motor carrier enforcement unit" has the same meaning as	609
in section 2923.16 of the Revised Code.	610

Sec. 2923.125. (A)It is the intent of the general assembly	611
that Ohio concealed handgun license law be compliant with the	612
national instant criminal background check system, that the bureau	613
of alcohol, tobacco, firearms and explosives is able to determine	614
that Ohio law is compliant with the national instant criminal	615
background check system, and that no person shall be eligible to	616
receive a concealed handgun license permit under section 2923.125	617
or 2923.1213 of the Revised Code unless the person is eligible	618
lawfully to receive or possess a firearm in the United States.	619

(A) This section applies with respect to the application for	620
and issuance by this state of concealed handgun licenses other	621
than concealed handgun licenses on a temporary emergency basis	622
that are issued under section 2923.1213 of the Revised Code. Upon	623
the request of a person who wishes to obtain a concealed handgun	624
license with respect to which this section applies or to renew a	625
concealed handgun license with respect to which this section	626
applies, a sheriff, as provided in division (I) of this section,	627
shall provide to the person free of charge an application form and	628
the web site address at which a printable version of the	629
application form that can be downloaded and the pamphlet described	630
in division (B) of section 109.731 of the Revised Code may be	631
found. A sheriff shall accept a completed application form and the	632
fee, items, materials, and information specified in divisions	633
(B)(1) to (5) of this section at the times and in the manners	634
described in division (I) of this section.	635

(B) An applicant for a concealed handgun license with respect	636
to which this section applieswho is a resident of this state	637
shall submit a completed application form and all of the following	638
material and information described in divisions (B)(1) to (6) of	639
this section to the sheriff of the county in which the applicant	640
resides or to the sheriff of any county adjacent to the county in	641
which the applicant resides. An applicant for a license who	642
resides in another state shall submit a completed application form	643
and all of the material and information described in divisions	644
(B)(1) to (7) of this section to the sheriff of the county in	645
which the applicant is employed or to the sheriff of any county	646
adjacent to the county in which the applicant is employed:	647

(1)(a) A nonrefundable license fee as described in either of	648
the following:	649

(i) For an applicant who has been a resident of this state	650
for five or more years, a fee of sixty-seven dollars;	651

(ii) For an applicant who has been a resident of this state	652
for less than five years or who is not a resident of this state,	653
but who is employed in this state, a fee of sixty-seven dollars	654
plus the actual cost of having a background check performed by the	655
federal bureau of investigation.	656

(b) No sheriff shall require an applicant to pay for the cost	657
of a background check performed by the bureau of criminal	658
identification and investigation.	659

(c) A sheriff shall waive the payment of the license fee	660
described in division (B)(1)(a) of this section in connection with	661
an initial or renewal application for a license that is submitted	662
by an applicant who is a retired peace officer, a retired person	663
described in division (B)(1)(b) of section 109.77 of the Revised	664
Code, or a retired federal law enforcement officer who, prior to	665
retirement, was authorized under federal law to carry a firearm in	666
the course of duty, unless the retired peace officer, person, or	667
federal law enforcement officer retired as the result of a mental	668
disability.	669

(d) The sheriff shall deposit all fees paid by an applicant	670
under division (B)(1)(a) of this section into the sheriff's	671
concealed handgun license issuance fund established pursuant to	672
section 311.42 of the Revised Code. The county shall distribute	673
the fees in accordance with section 311.42 of the Revised Code.	674

(2) A color photograph of the applicant that was taken within	675
thirty days prior to the date of the application;	676

(3) One or more of the following competency certifications,	677
each of which shall reflect that, regarding a certification	678
described in division (B)(3)(a), (b), (c), (e), or (f) of this	679
section, within the three years immediately preceding the	680
application the applicant has performed that to which the	681
competency certification relates and that, regarding a	682
certification described in division (B)(3)(d) of this section, the	683
applicant currently is an active or reserve member of the armed	684
forces of the United States or within the sixten years	685
immediately preceding the application the honorable discharge or	686
retirement to which the competency certification relates occurred:	687

(a) An original or photocopy of a certificate of completion	688
of a firearms safety, training, or requalification or firearms	689
safety instructor course, class, or program that was offered by or	690
under the auspices of thea national rifle associationgun	691
advocacy organization and that complies with the requirements set	692
forth in division (G) of this section;	693

(b) An original or photocopy of a certificate of completion	694
of a firearms safety, training, or requalification or firearms	695
safety instructor course, class, or program that satisfies all of	696
the following criteria:	697

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

698

(ii) It utilized qualified instructors who were certified by	699
thea national rifle associationgun advocacy organization, the	700
executive director of the Ohio peace officer training commission	701
pursuant to section 109.75 or 109.78 of the Revised Code, or a	702
governmental official or entity of another state.	703

(iii) It was offered by or under the auspices of a law	704
enforcement agency of this or another state or the United States,	705
a public or private college, university, or other similar	706
postsecondary educational institution located in this or another	707
state, a firearms training school located in this or another	708
state, or another type of public or private entity or organization	709
located in this or another state.	710

(iv) It complies with the requirements set forth in division	711
(G) of this section.	712

(c) An original or photocopy of a certificate of completion	713
of a state, county, municipal, or department of natural resources	714
peace officer training school that is approved by the executive	715
director of the Ohio peace officer training commission pursuant to	716
section 109.75 of the Revised Code and that complies with the	717
requirements set forth in division (G) of this section, or the	718
applicant has satisfactorily completed and been issued a	719
certificate of completion of a basic firearms training program, a	720
firearms requalification training program, or another basic	721
training program described in section 109.78 or 109.801 of the	722
Revised Code that complies with the requirements set forth in	723
division (G) of this section;	724

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

725

(i) That the applicant is an active or reserve member of the	726
armed forces of the United States, has retired from or was	727
honorably discharged from military service in the active or	728
reserve armed forces of the United States, is a retired trooper of	729
the state highway patrol, or is a retired peace officer or federal	730
law enforcement officer described in division (B)(1) of this	731
section or a retired person described in division (B)(1)(b) of	732
section 109.77 of the Revised Code and division (B)(1) of this	733
section;	734

(ii) That, through participation in the military service or	735
through the former employment described in division (B)(3)(d)(i)	736
of this section, the applicant acquired experience with handling	737
handguns or other firearms, and the experience so acquired was	738
equivalent to training that the applicant could have acquired in a	739
course, class, or program described in division (B)(3)(a), (b), or	740
(c) of this section.	741

(e) A certificate or another similar document that evidences	742
satisfactory completion of a firearms training, safety, or	743
requalification or firearms safety instructor course, class, or	744
program that is not otherwise described in division (B)(3)(a),	745
(b), (c), or (d) of this section, that was conducted by an	746
instructor who was certified by an official or entity of the	747
government of this or another state or the United States or by the	748
a national rifle associationgun advocacy organization, and that	749
complies with the requirements set forth in division (G) of this	750
section;	751

(f) An affidavit that attests to the applicant's satisfactory	752
completion of a course, class, or program described in division	753
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	754
by the applicant's instructor or an authorized representative of	755
the entity that offered the course, class, or program or under	756
whose auspices the course, class, or program was offered;	757

(g) A document that evidences that the applicant has	758
successfully completed the Ohio peace officer training program	759
described in section 109.79 of the Revised Code.	760

(4) A certification by the applicant that the applicant has	761
read the pamphlet prepared by the Ohio peace officer training	762
commission pursuant to section 109.731 of the Revised Code that	763
reviews firearms, dispute resolution, and use of deadly force	764
matters.	765

(5) A set of fingerprints of the applicant provided as	766
described in section 311.41 of the Revised Code through use of an	767
electronic fingerprint reading device or, if the sheriff to whom	768
the application is submitted does not possess and does not have	769
ready access to the use of such a reading device, on a standard	770
impression sheet prescribed pursuant to division (C)(2) of section	771
109.572 of the Revised Code.	772

(6) If the applicant is not a citizen or national of the	773
United States, the name of the applicant's country of citizenship	774
and the applicant's alien registration number issued by the United	775
States citizenship and immigration services agency.	776

(7) If the applicant resides in another state, adequate proof	777
of employment in Ohio.	778

(C) Upon receipt of the completed application form,	779
supporting documentation, and, if not waived, license fee of an	780
applicant under this section, a sheriff, in the manner specified	781
in section 311.41 of the Revised Code, shall conduct or cause to	782
be conducted the criminal records check and the incompetency	783
records check described in section 311.41 of the Revised Code.	784

(D)(1) Except as provided in division (D)(3) or (4) of this	785
section, within forty-five days after a sheriff's receipt of an	786
applicant's completed application form for a concealed handgun	787
license under this section, the supporting documentation, and, if	788
not waived, the license fee, the sheriff shall make available	789
through the law enforcement automated data system in accordance	790
with division (H) of this section the information described in	791
that division and, upon making the information available through	792
the system, shall issue to the applicant a concealed handgun	793
license that shall expire as described in division (D)(2)(a) of	794
this section if all of the following apply:	795

(a) The applicant is legally living in the United States, has	796
been a resident of this state for at least forty-five days, and	797
has been a resident of the county in which the person seeks the	798
license or a county adjacent to the county in which the person	799
seeks the license for at least thirty days. For purposes of	800
division (D)(1)(a) of this section:	801

(i) If, if a person is absent from the United States, from	802
this state, or from a particular county in this state in	803
compliance with military or naval orders as an active or reserve	804
member of the armed forces of the United States and if prior to	805
leaving this state in compliance with those ordersthe United	806
States the person was legally living in the United States and was	807
a resident of this state, the person, solely by reason of that	808
absence, shall not be considered to have lost the person's status	809
as living in the United States or the person's residence in this	810
state or in the county in which the person was a resident prior to	811
leaving this state in compliance with those orders, without regard	812
to whether or not the person intends to return to this state or to	813
that county, shall not be considered to have acquired a residence	814
in any other state, and shall not be considered to have become a	815
resident of any other state.	816

(ii) If a person is present in this state in compliance with	817
military or naval orders as an active or reserve member of the	818
armed forces of the United States for at least forty-five days,	819
the person shall be considered to have been a resident of this	820
state for that period of at least forty-five days, and, if a	821
person is present in a county of this state in compliance with	822
military or naval orders as an active or reserve member of the	823
armed forces of the United States for at least thirty days, the	824
person shall be considered to have been a resident of that county	825
for that period of at least thirty days.	826

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

827

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

828

(d) The applicant is not under indictment for or otherwise	829
charged with a felony; an offense under Chapter 2925., 3719., or	830
4729. of the Revised Code that involves the illegal possession,	831
use, sale, administration, or distribution of or trafficking in a	832
drug of abuse; a misdemeanor offense of violence; or a violation	833
of section 2903.14 or 2923.1211 of the Revised Code.	834

(e) Except as otherwise provided in division (D)(4) or (5) of	835
this section, the applicant has not been convicted of or pleaded	836
guilty to a felony or an offense under Chapter 2925., 3719., or	837
4729. of the Revised Code that involves the illegal possession,	838
use, sale, administration, or distribution of or trafficking in a	839
drug of abuse; has not been adjudicated a delinquent child for	840
committing an act that if committed by an adult would be a felony	841
or would be an offense under Chapter 2925., 3719., or 4729. of the	842
Revised Code that involves the illegal possession, use, sale,	843
administration, or distribution of or trafficking in a drug of	844
abuse; and has not been convicted of, pleaded guilty to, or	845
adjudicated a delinquent child for committing a violation of	846
section 2903.13 of the Revised Code when the victim of the	847
violation is a peace officer, regardless of whether the applicant	848
was sentenced under division (C)(4) of that section; and has not	849
been convicted of, pleaded guilty to, or adjudicated a delinquent	850
child for committing any other offense that is not previously	851
described in this division that is a misdemeanor punishable by	852
imprisonment for a term exceeding one year.	853

(f) Except as otherwise provided in division (D)(4) or (5) of	854
this section, the applicant, within three years of the date of the	855
application, has not been convicted of or pleaded guilty to a	856
misdemeanor offense of violence other than a misdemeanor violation	857
of section 2921.33 of the Revised Code or a violation of section	858
2903.13 of the Revised Code when the victim of the violation is a	859
peace officer, or a misdemeanor violation of section 2923.1211 of	860
the Revised Code; and has not been adjudicated a delinquent child	861
for committing an act that if committed by an adult would be a	862
misdemeanor offense of violence other than a misdemeanor violation	863
of section 2921.33 of the Revised Code or a violation of section	864
2903.13 of the Revised Code when the victim of the violation is a	865
peace officer or for committing an act that if committed by an	866
adult would be a misdemeanor violation of section 2923.1211 of the	867
Revised Code.	868

(g) Except as otherwise provided in division (D)(1)(e) of	869
this section, the applicant, within five years of the date of the	870
application, has not been convicted of, pleaded guilty to, or	871
adjudicated a delinquent child for committing two or more	872
violations of section 2903.13 or 2903.14 of the Revised Code.	873

(h) Except as otherwise provided in division (D)(4) or (5) of	874
this section, the applicant, within ten years of the date of the	875
application, has not been convicted of, pleaded guilty to, or	876
adjudicated a delinquent child for committing a violation of	877
section 2921.33 of the Revised Code.	878

(i) The applicant has not been adjudicated as a mental	879
defective, has not been committed to any mental institution, is	880
not under adjudication of mental incompetence, has not been found	881
by a court to be a mentally ill person subject to hospitalization	882
by court order, and is not an involuntary patient other than one	883
who is a patient only for purposes of observation. As used in this	884
division, "mentally ill person subject to hospitalization by court	885
order" and "patient" have the same meanings as in section 5122.01	886
of the Revised Code.	887

(j) The applicant is not currently subject to a civil	888
protection order, a temporary protection order, or a protection	889
order issued by a court of another state.	890

(k) The applicant certifies that the applicant desires a	891
legal means to carry a concealed handgun for defense of the	892
applicant or a member of the applicant's family while engaged in	893
lawful activity.	894

(l) The applicant submits a competency certification of the	895
type described in division (B)(3) of this section and submits a	896
certification of the type described in division (B)(4) of this	897
section regarding the applicant's reading of the pamphlet prepared	898
by the Ohio peace officer training commission pursuant to section	899
109.731 of the Revised Code.	900

(m) The applicant currently is not subject to a suspension	901
imposed under division (A)(2) of section 2923.128 of the Revised	902
Code of a concealed handgun license that previously was issued to	903
the applicant under this section or section 2923.1213 of the	904
Revised Code or a similar suspension imposed by another state	905
regarding a concealed handgun license issued by that state.	906

(n) If the applicant resides in another state, the applicant	907
is employed in this state.	908

(o) The applicant certifies that the applicant is not an	909
unlawful user of or addicted to any controlled substance as	910
defined in 21 U.S.C. 802.	911

(p) If the applicant is not a United States citizen, the	912
applicant is an alien and has not been admitted to the United	913
States under a nonimmigrant visa, as defined in the "Immigration	914
and Nationality Act," 8 U.S.C. 1101(a)(26).	915

(q) The applicant has not been discharged from the armed	916
forces of the United States under dishonorable conditions.	917

(r) The applicant certifies that the applicant has not	918
renounced the applicant's United States citizenship, if	919
applicable.	920

(s) The applicant has not been convicted of, pleaded guilty	921
to, or adjudicated a delinquent child for committing a violation	922
of section 2919.25 of the Revised Code or a similar violation in	923
another state.	924

(2)(a) A concealed handgun license that a sheriff issues	925
under division (D)(1) of this section shall expire five years	926
after the date of issuance.	927

If a sheriff issues a license under this section, the sheriff	928
shall place on the license a unique combination of letters and	929
numbers identifying the license in accordance with the procedure	930
prescribed by the Ohio peace officer training commission pursuant	931
to section 109.731 of the Revised Code.	932

(b) If a sheriff denies an application under this section	933
because the applicant does not satisfy the criteria described in	934
division (D)(1) of this section, the sheriff shall specify the	935
grounds for the denial in a written notice to the applicant. The	936
applicant may appeal the denial pursuant to section 119.12 of the	937
Revised Code in the county served by the sheriff who denied the	938
application. If the denial was as a result of the criminal records	939
check conducted pursuant to section 311.41 of the Revised Code and	940
if, pursuant to section 2923.127 of the Revised Code, the	941
applicant challenges the criminal records check results using the	942
appropriate challenge and review procedure specified in that	943
section, the time for filing the appeal pursuant to section 119.12	944
of the Revised Code and this division is tolled during the	945
pendency of the request or the challenge and review. If	946

(c) If the court in an appeal under section 119.12 of the	947
Revised Code and this division (D)(2)(b) of this section enters a	948
judgment sustaining the sheriff's refusal to grant to the	949
applicant a concealed handgun license, the applicant may file a	950
new application beginning one year after the judgment is entered.	951
If the court enters a judgment in favor of the applicant, that	952
judgment shall not restrict the authority of a sheriff to suspend	953
or revoke the license pursuant to section 2923.128 or 2923.1213 of	954
the Revised Code or to refuse to renew the license for any proper	955
cause that may occur after the date the judgment is entered. In	956
the appeal, the court shall have full power to dispose of all	957
costs.	958

(3) If the sheriff with whom an application for a concealed	959
handgun license was filed under this section becomes aware that	960
the applicant has been arrested for or otherwise charged with an	961
offense that would disqualify the applicant from holding the	962
license, the sheriff shall suspend the processing of the	963
application until the disposition of the case arising from the	964
arrest or charge.	965

(4) If the sheriff determines that the applicant is legally	966
living in the United States and is a resident of the county in	967
which the applicant seeks the license or of an adjacent county but	968
does not yet meet the residency requirements described in division	969
(D)(1)(a) of this section, the sheriff shall not deny the license	970
because of the residency requirements but shall not issue the	971
license until the applicant meets those residency requirements.	972

(5) If an applicant has been convicted of or pleaded guilty	973
to an offense identified in division (D)(1)(e), (f), or (h) of	974
this section or has been adjudicated a delinquent child for	975
committing an act or violation identified in any of those	976
divisions, and if a court has ordered the sealing or expungement	977
of the records of that conviction, guilty plea, or adjudication	978
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	979
2953.36, or section 2953.37 of the Revised Code or a court has	980
granted the applicant relief pursuant to section 2923.14 of the	981
Revised Codehas been relieved under operation of law or legal	982
process from the disability imposed pursuant to section 2923.13 of	983
the Revised Code relative to that conviction, guilty plea, or	984
adjudication, the sheriff with whom the application was submitted	985
shall not consider the conviction, guilty plea, or adjudication in	986
making a determination under division (D)(1) or (F) of this	987
section or, in relation to an application for a concealed handgun	988
license on a temporary emergency basis submitted under section	989
2923.1213 of the Revised Code, in making a determination under	990
division (B)(2) of that section.	991

(5) If an applicant has been convicted of or pleaded guilty	992
to a minor misdemeanor offense or has been adjudicated a	993
delinquent child for committing an act or violation that is a	994
minor misdemeanor offense, the sheriff with whom the application	995
was submitted shall not consider the conviction, guilty plea, or	996
adjudication in making a determination under division (D)(1) or	997
(F) of this section or, in relation to an application for a	998
concealed handgun license on a temporary basis submitted under	999
section 2923.1213 of the Revised Code, in making a determination	1000
under division (B)(2) of that section.	1001

(E) If a concealed handgun license issued under this section	1002
is lost or is destroyed, the licensee may obtain from the sheriff	1003
who issued that license a duplicate license upon the payment of a	1004
fee of fifteen dollars and the submission of an affidavit	1005
attesting to the loss or destruction of the license. The sheriff,	1006
in accordance with the procedures prescribed in section 109.731 of	1007
the Revised Code, shall place on the replacement license a	1008
combination of identifying numbers different from the combination	1009
on the license that is being replaced.	1010

(F)(1) A(a) Except as provided in division (F)(1)(b) of this	1011
section, a licensee who wishes to renew a concealed handgun	1012
license issued under this section shall do so not earlier than	1013
ninety days before the expiration date of the license or at any	1014
time after the expiration date of the license by filing with the	1015
sheriff of the county in which the applicant resides or with the	1016
sheriff of an adjacent county, or in the case of a applicant who	1017
resides in another state with the sheriff of the county that	1018
issued the applicant's previous concealed handgun license an	1019
application for renewal of the license obtained pursuant to	1020
division (D) of this section, a certification by the applicant	1021
that, subsequent to the issuance of the license, the applicant has	1022
reread the pamphlet prepared by the Ohio peace officer training	1023
commission pursuant to section 109.731 of the Revised Code that	1024
reviews firearms, dispute resolution, and use of deadly force	1025
matters, and a nonrefundable license renewal fee in an amount	1026
determined pursuant to division (F)(4) of this section unless the	1027
fee is waived.	1028

(b) A person on active duty in the armed forces of the United	1029
States or in service with the peace corps, volunteers in service	1030
to America, or the foreign service of the United States is exempt	1031
from the license requirements of this section for the period of	1032
the person's active duty or service and for six months thereafter,	1033
provided the person was a licensee under this section at the time	1034
the person commenced the person's active duty or service or had	1035
obtained a license while on active duty or service. The spouse or	1036
a dependent of any such person on active duty or in service also	1037
is exempt from the license requirements of this section for the	1038
period of the person's active duty or service and for six months	1039
thereafter, provided the spouse or dependent was a licensee under	1040
this section at the time the person commenced the active duty or	1041
service or had obtained a license while the person was on active	1042
duty or service, and provided further that the person's active	1043
duty or service resulted in the spouse or dependent relocating	1044
outside of this state during the period of the active duty or	1045
service. This division does not prevent such a person or the	1046
person's spouse or dependent from making an application for the	1047
renewal of a concealed handgun license during the period of the	1048
person's active duty or service.	1049

(2) A sheriff shall accept a completed renewal application,	1050
the license renewal fee, and the information specified in division	1051
(F)(1) of this section at the times and in the manners described	1052
in division (I) of this section. Upon receipt of a completed	1053
renewal application, of certification that the applicant has	1054
reread the specified pamphlet prepared by the Ohio peace officer	1055
training commission, and of a license renewal fee unless the fee	1056
is waived, a sheriff, in the manner specified in section 311.41 of	1057
the Revised Code shall conduct or cause to be conducted the	1058
criminal records check and the incompetency records check	1059
described in section 311.41 of the Revised Code. The sheriff shall	1060
renew the license if the sheriff determines that the applicant	1061
continues to satisfy the requirements described in division (D)(1)	1062
of this section, except that the applicant is not required to meet	1063
the requirements of division (D)(1)(l) of this section. A renewed	1064
license shall expire five years after the date of issuance. A	1065
renewed license is subject to division (E) of this section and	1066
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	1067
shall comply with divisions (D)(2) to (4)and (3) of this section	1068
when the circumstances described in those divisions apply to a	1069
requested license renewal. If a sheriff denies the renewal of a	1070
concealed handgun license, the applicant may appeal the denial, or	1071
challenge the criminal record check results that were the basis of	1072
the denial if applicable, in the same manner as specified in	1073
division (D)(2)(b) of this section and in section 2923.127 of the	1074
Revised Code, regarding the denial of a license under this	1075
section.	1076

(3) A renewal application submitted pursuant to division (F)	1077
of this section shall only require the licensee to list on the	1078
application form information and matters occurring since the date	1079
of the licensee's last application for a license pursuant to	1080
division (B) or (F) of this section. A sheriff conducting the	1081
criminal records check and the incompetency records check	1082
described in section 311.41 of the Revised Code shall conduct the	1083
check only from the date of the licensee's last application for a	1084
license pursuant to division (B) or (F) of this section through	1085
the date of the renewal application submitted pursuant to division	1086
(F) of this section.	1087

(4) An applicant for a renewal concealed handgun license	1088
under this section shall submit to the sheriff of the county in	1089
which the applicant resides or to the sheriff of any county	1090
adjacent to the county in which the applicant resides, or in the	1091
case of an applicant who resides in another state to the sheriff	1092
of the county that issued the applicant's previous concealed	1093
handgun license, a nonrefundable license fee as described in	1094
either of the following:	1095

(a) For an applicant who has been a resident of this state	1096
for five or more years, a fee of fifty dollars;	1097

(b) For an applicant who has been a resident of this state	1098
for less than five years or who is not a resident of this state	1099
but who is employed in this state, a fee of fifty dollars plus the	1100
actual cost of having a background check performed by the federal	1101
bureau of investigation.	1102

(5) The concealed handgun license of a licensee who is no	1103
longer a resident of this state or no longer employed in this	1104
state, as applicable, is valid until the date of expiration on the	1105
license, and the licensee is prohibited from renewing the	1106
concealed handgun license.	1107

(G)(1) Each course, class, or program described in division	1108
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1109
person who takes the course, class, or program the web site	1110
address at which the pamphlet prepared by the Ohio peace officer	1111
training commission pursuant to section 109.731 of the Revised	1112
Code that reviews firearms, dispute resolution, and use of deadly	1113
force matters may be found. Each such course, class, or program	1114
described in one of those divisions shall include at least twelve	1115
eight hours of training in the safe handling and use of a firearm	1116
that shall include training, provided as described in division	1117
(G)(3) of this section, on all of the following:	1118

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

1119

(i) The ability to name, explain, and demonstrate the rules	1120
for safe handling of a handgun and proper storage practices for	1121
handguns and ammunition;	1122

(ii)(b) The ability to demonstrate and explain how to handle	1123
ammunition in a safe manner;	1124

(iii)(c) The ability to demonstrate the knowledge, skills,	1125
and attitude necessary to shoot a handgun in a safe manner;	1126

(iv)(d) Gun handling training.;

1127

(b) At least(e) A minimum of two hours of in-person training	1128
that consists of range time and live-fire training.	1129

(2) To satisfactorily complete the course, class, or program	1130
described in division (B)(3)(a), (b), (c), or (e) of this section,	1131
the applicant shall pass a competency examination that shall	1132
include both of the following:	1133

(a) A written section, provided as described in division	1134
(G)(3) of this section, on the ability to name and explain the	1135
rules for the safe handling of a handgun and proper storage	1136
practices for handguns and ammunition;	1137

(b) AAn in-person physical demonstration of competence in	1138
the use of a handgun and in the rules for safe handling and	1139
storage of a handgun and a physical demonstration of the attitude	1140
necessary to shoot a handgun in a safe manner.	1141

(3)(a) Except as otherwise provided in this division, the	1142
training specified in division (G)(1)(a) of this section shall be	1143
provided to the person receiving the training in person by an	1144
instructor. If the training specified in division (G)(1)(a) of	1145
this section is provided by a course, class, or program described	1146
in division (B)(3)(a) of this section, or it is provided by a	1147
course, class, or program described in division (B)(3)(b), (c), or	1148
(e) of this section and the instructor is a qualified instructor	1149
certified by a national gun advocacy organization, the training so	1150
specified, other than the training that requires the person	1151
receiving the training to demonstrate handling abilities, may be	1152
provided online or as a combination of in-person and online	1153
training, as long as the online training includes an interactive	1154
component that regularly engages the person.	1155

(b) Except as otherwise provided in this division, the	1156
written section of the competency examination specified in	1157
division (G)(2)(a) of this section shall be administered to the	1158
person taking the competency examination in person by an	1159
instructor. If the training specified in division (G)(1)(a) of	1160
this section is provided to the person receiving the training by a	1161
course, class, or program described in division (B)(3)(a) of this	1162
section, or it is provided by a course, class, or program	1163
described in division (B)(3)(b), (c), or (e) of this section and	1164
the instructor is a qualified instructor certified by a national	1165
gun advocacy organization, the written section of the competency	1166
examination specified in division (G)(2)(a) of this section may be	1167
administered online, as long as the online training includes an	1168
interactive component that regularly engages the person.	1169

(4) The competency certification described in division	1170
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1171
shall attest that the course, class, or program the applicant	1172
successfully completed met the requirements described in division	1173
(G)(1) of this section and that the applicant passed the	1174
competency examination described in division (G)(2) of this	1175
section.	1176

(H) Upon deciding to issue a concealed handgun license,	1177
deciding to issue a replacement concealed handgun license, or	1178
deciding to renew a concealed handgun license pursuant to this	1179
section, and before actually issuing or renewing the license, the	1180
sheriff shall make available through the law enforcement automated	1181
data system all information contained on the license. If the	1182
license subsequently is suspended under division (A)(1) or (2) of	1183
section 2923.128 of the Revised Code, revoked pursuant to division	1184
(B)(1) of section 2923.128 of the Revised Code, or lost or	1185
destroyed, the sheriff also shall make available through the law	1186
enforcement automated data system a notation of that fact. The	1187
superintendent of the state highway patrol shall ensure that the	1188
law enforcement automated data system is so configured as to	1189
permit the transmission through the system of the information	1190
specified in this division.	1191

(I) A sheriff shall accept a completed application form or	1192
renewal application, and the fee, items, materials, and	1193
information specified in divisions (B)(1) to (5) or division (F)	1194
of this section, whichever is applicable, and shall provide an	1195
application form or renewal application to any person during at	1196
least fifteen hours a week and shall provide the web site address	1197
at which a printable version of the application form that can be	1198
downloaded and the pamphlet described in division (B) of section	1199
109.731 of the Revised Code may be found at any time, upon	1200
request. The sheriff shall post notice of the hours during which	1201
the sheriff is available to accept or provide the information	1202
described in this division.	1203

Sec. 2923.126.  (A) A concealed handgun license that is	1204
issued under section 2923.125 of the Revised Code shall expire	1205
five years after the date of issuance. A licensee who has been	1206
issued a license under that section shall be granted a grace	1207
period of thirty days after the licensee's license expires during	1208
which the licensee's license remains valid. Except as provided in	1209
divisions (B) and (C) of this section, a licensee who has been	1210
issued a concealed handgun license under section 2923.125 or	1211
2923.1213 of the Revised Code may carry a concealed handgun	1212
anywhere in this state if the licensee also carries a valid	1213
license and valid identification when the licensee is in actual	1214
possession of a concealed handgun. The licensee shall give notice	1215
of any change in the licensee's residence address to the sheriff	1216
who issued the license within forty-five days after that change.	1217

If a licensee is the driver or an occupant of a motor vehicle	1218
that is stopped as the result of a traffic stop or a stop for	1219
another law enforcement purpose and if the licensee is	1220
transporting or has a loaded handgun in the motor vehicle at that	1221
time, the licensee shall promptly inform any law enforcement	1222
officer who approaches the vehicle while stopped that the licensee	1223
has been issued a concealed handgun license and that the licensee	1224
currently possesses or has a loaded handgun; the licensee shall	1225
not knowingly disregard or fail to comply with lawful orders of a	1226
law enforcement officer given while the motor vehicle is stopped,	1227
knowingly fail to remain in the motor vehicle while stopped, or	1228
knowingly fail to keep the licensee's hands in plain sight after	1229
any law enforcement officer begins approaching the licensee while	1230
stopped and before the officer leaves, unless directed otherwise	1231
by a law enforcement officer; and the licensee shall not knowingly	1232
have contact with the loaded handgun by touching it with the	1233
licensee's hands or fingers, in any manner in violation of	1234
division (E) of section 2923.16 of the Revised Code, after any law	1235
enforcement officer begins approaching the licensee while stopped	1236
and before the officer leaves. Additionally, if a licensee is the	1237
driver or an occupant of a commercial motor vehicle that is	1238
stopped by an employee of the motor carrier enforcement unit for	1239
the purposes defined in section 5503.04 of the Revised Code and if	1240
the licensee is transporting or has a loaded handgun in the	1241
commercial motor vehicle at that time, the licensee shall promptly	1242
inform the employee of the unit who approaches the vehicle while	1243
stopped that the licensee has been issued a concealed handgun	1244
license and that the licensee currently possesses or has a loaded	1245
handgun.	1246

If a licensee is stopped for a law enforcement purpose and if	1247
the licensee is carrying a concealed handgun at the time the	1248
officer approaches, the licensee shall promptly inform any law	1249
enforcement officer who approaches the licensee while stopped that	1250
the licensee has been issued a concealed handgun license and that	1251
the licensee currently is carrying a concealed handgun; the	1252
licensee shall not knowingly disregard or fail to comply with	1253
lawful orders of a law enforcement officer given while the	1254
licensee is stopped or knowingly fail to keep the licensee's hands	1255
in plain sight after any law enforcement officer begins	1256
approaching the licensee while stopped and before the officer	1257
leaves, unless directed otherwise by a law enforcement officer;	1258
and the licensee shall not knowingly remove, attempt to remove,	1259
grasp, or hold the loaded handgun or knowingly have contact with	1260
the loaded handgun by touching it with the licensee's hands or	1261
fingers, in any manner in violation of division (B) of section	1262
2923.12 of the Revised Code, after any law enforcement officer	1263
begins approaching the licensee while stopped and before the	1264
officer leaves.	1265

(B) A valid concealed handgun license does not authorize the	1266
licensee to carry a concealed handgun in any manner prohibited	1267
under division (B) of section 2923.12 of the Revised Code or in	1268
any manner prohibited under section 2923.16 of the Revised Code. A	1269
valid license does not authorize the licensee to carry a concealed	1270
handgun into any of the following places:	1271

(1) A police station, sheriff's office, or state highway	1272
patrol station, premises controlled by the bureau of criminal	1273
identification and investigation, a state correctional	1274
institution, jail, workhouse, or other detention facility, an	1275
airport passenger terminal, or an institution that is maintained,	1276
operated, managed, and governed pursuant to division (A) of	1277
section 5119.14 of the Revised Code or division (A)(1) of section	1278
5123.03 of the Revised Code;	1279

(2) A school safety zone if the licensee's carrying the	1280
concealed handgun is in violation of section 2923.122 of the	1281
Revised Code;	1282

(3) A courthouse or another building or structure in which a	1283
courtroom is located, in violation of section 2923.123 of the	1284
Revised Code;	1285

(4) Any premises or open air arena for which a D permit has	1286
been issued under Chapter 4303. of the Revised Code if the	1287
licensee's carrying the concealed handgun is in violation of	1288
section 2923.121 of the Revised Code;	1289

(5) Any premises owned or leased by any public or private	1290
college, university, or other institution of higher education,	1291
unless the handgun is in a locked motor vehicle or the licensee is	1292
in the immediate process of placing the handgun in a locked motor	1293
vehicle;	1294

(6) Any church, synagogue, mosque, or other place of worship,	1295
unless the church, synagogue, mosque, or other place of worship	1296
posts or permits otherwise;	1297

(7) A child day-care center, a type A family day-care home,	1298
or a type B family day-care home, except that this division does	1299
not prohibit a licensee who resides in a type A family day-care	1300
home or a type B family day-care home from carrying a concealed	1301
handgun at any time in any part of the home that is not dedicated	1302
or used for day-care purposes, or from carrying a concealed	1303
handgun in a part of the home that is dedicated or used for	1304
day-care purposes at any time during which no children, other than	1305
children of that licensee, are in the home;	1306

(8) An aircraft that is in, or intended for operation in,	1307
foreign air transportation, interstate air transportation,	1308
intrastate air transportation, or the transportation of mail by	1309
aircraft;	1310

(9) Any building that is a government facility of this state	1311
or a political subdivision of this state and that is not a	1312
building that is used primarily as a shelter, restroom, parking	1313
facility for motor vehicles, or rest facility and is not a	1314
courthouse or other building or structure in which a courtroom is	1315
located that is subject to division (B)(3) of this section;	1316

(10) A place in which federal law prohibits the carrying of	1317
handguns.	1318

(C)(1) Nothing in this section shall negate or restrict a	1319
rule, policy, or practice of a private employer that is not a	1320
private college, university, or other institution of higher	1321
education concerning or prohibiting the presence of firearms on	1322
the private employer's premises or property, including motor	1323
vehicles owned by the private employer. Nothing in this section	1324
shall require a private employer of that nature to adopt a rule,	1325
policy, or practice concerning or prohibiting the presence of	1326
firearms on the private employer's premises or property, including	1327
motor vehicles owned by the private employer.	1328

(2)(a) A private employer shall be immune from liability in a	1329
civil action for any injury, death, or loss to person or property	1330
that allegedly was caused by or related to a licensee bringing a	1331
handgun onto the premises or property of the private employer,	1332
including motor vehicles owned by the private employer, unless the	1333
private employer acted with malicious purpose. A private employer	1334
is immune from liability in a civil action for any injury, death,	1335
or loss to person or property that allegedly was caused by or	1336
related to the private employer's decision to permit a licensee to	1337
bring, or prohibit a licensee from bringing, a handgun onto the	1338
premises or property of the private employer. As used in this	1339
division, "private employer" includes a private college,	1340
university, or other institution of higher education.	1341

(b) A political subdivision shall be immune from liability in	1342
a civil action, to the extent and in the manner provided in	1343
Chapter 2744. of the Revised Code, for any injury, death, or loss	1344
to person or property that allegedly was caused by or related to a	1345
licensee bringing a handgun onto any premises or property owned,	1346
leased, or otherwise under the control of the political	1347
subdivision. As used in this division, "political subdivision" has	1348
the same meaning as in section 2744.01 of the Revised Code.	1349

(3)(a) Except as provided in division (C)(3)(b) of this	1350
section, the owner or person in control of private land or	1351
premises, and a private person or entity leasing land or premises	1352
owned by the state, the United States, or a political subdivision	1353
of the state or the United States, may post a sign in a	1354
conspicuous location on that land or on those premises prohibiting	1355
persons from carrying firearms or concealed firearms on or onto	1356
that land or those premises. Except as otherwise provided in this	1357
division, a person who knowingly violates a posted prohibition of	1358
that nature is guilty of criminal trespass in violation of	1359
division (A)(4) of section 2911.21 of the Revised Code and is	1360
guilty of a misdemeanor of the fourth degree. If a person	1361
knowingly violates a posted prohibition of that nature and the	1362
posted land or premises primarily was a parking lot or other	1363
parking facility, the person is not guilty of criminal trespass in	1364
violation of division (A)(4) ofunder section 2911.21 of the	1365
Revised Code or under any other criminal law of this state or	1366
criminal law, ordinance, or resolution of a political subdivision	1367
of this state, and instead is subject only to a civil cause of	1368
action for trespass based on the violation.	1369

(b) A landlord may not prohibit or restrict a tenant who is a	1370
licensee and who on or after September 9, 2008, enters into a	1371
rental agreement with the landlord for the use of residential	1372
premises, and the tenant's guest while the tenant is present, from	1373
lawfully carrying or possessing a handgun on those residential	1374
premises.	1375

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

1376

(i) "Residential premises" has the same meaning as in section	1377
5321.01 of the Revised Code, except "residential premises" does	1378
not include a dwelling unit that is owned or operated by a college	1379
or university.	1380

(ii) "Landlord," "tenant," and "rental agreement" have the	1381
same meanings as in section 5321.01 of the Revised Code.	1382

(D) A person who holds a valid concealed handgun license	1383
issued by another state that is recognized by the attorney general	1384
pursuant to a reciprocity agreement entered into pursuant to	1385
section 109.69 of the Revised Code or a person who holds a valid	1386
concealed handgun license under the circumstances described in	1387
division (B) of section 109.69 of the Revised Code has the same	1388
right to carry a concealed handgun in this state as a person who	1389
was issued a concealed handgun license under section 2923.125 of	1390
the Revised Code and is subject to the same restrictions that	1391
apply to a person who carries a license issued under that section.	1392

(E) A peace officer has the same right to carry a concealed	1393
handgun in this state as a person who was issued a concealed	1394
handgun license under section 2923.125 of the Revised Code. For	1395
purposes of reciprocity with other states, a peace officer shall	1396
be considered to be a licensee in this state.	1397

(F)(1) A qualified retired peace officer who possesses a	1398
retired peace officer identification card issued pursuant to	1399
division (F)(2) of this section and a valid firearms	1400
requalification certification issued pursuant to division (F)(3)	1401
of this section has the same right to carry a concealed handgun in	1402
this state as a person who was issued a concealed handgun license	1403
under section 2923.125 of the Revised Code and is subject to the	1404
same restrictions that apply to a person who carries a license	1405
issued under that section. For purposes of reciprocity with other	1406
states, a qualified retired peace officer who possesses a retired	1407
peace officer identification card issued pursuant to division	1408
(F)(2) of this section and a valid firearms requalification	1409
certification issued pursuant to division (F)(3) of this section	1410
shall be considered to be a licensee in this state.	1411

(2)(a) Each public agency of this state or of a political	1412
subdivision of this state that is served by one or more peace	1413
officers shall issue a retired peace officer identification card	1414
to any person who retired from service as a peace officer with	1415
that agency, if the issuance is in accordance with the agency's	1416
policies and procedures and if the person, with respect to the	1417
person's service with that agency, satisfies all of the following:	1418

(i) The person retired in good standing from service as a	1419
peace officer with the public agency, and the retirement was not	1420
for reasons of mental instability.	1421

(ii) Before retiring from service as a peace officer with	1422
that agency, the person was authorized to engage in or supervise	1423
the prevention, detection, investigation, or prosecution of, or	1424
the incarceration of any person for, any violation of law and the	1425
person had statutory powers of arrest.	1426

(iii) At the time of the person's retirement as a peace	1427
officer with that agency, the person was trained and qualified to	1428
carry firearms in the performance of the peace officer's duties.	1429

(iv) Before retiring from service as a peace officer with	1430
that agency, the person was regularly employed as a peace officer	1431
for an aggregate of fifteen years or more, or, in the alternative,	1432
the person retired from service as a peace officer with that	1433
agency, after completing any applicable probationary period of	1434
that service, due to a service-connected disability, as determined	1435
by the agency.	1436

(b) A retired peace officer identification card issued to a	1437
person under division (F)(2)(a) of this section shall identify the	1438
person by name, contain a photograph of the person, identify the	1439
public agency of this state or of the political subdivision of	1440
this state from which the person retired as a peace officer and	1441
that is issuing the identification card, and specify that the	1442
person retired in good standing from service as a peace officer	1443
with the issuing public agency and satisfies the criteria set	1444
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	1445
addition to the required content specified in this division, a	1446
retired peace officer identification card issued to a person under	1447
division (F)(2)(a) of this section may include the firearms	1448
requalification certification described in division (F)(3) of this	1449
section, and if the identification card includes that	1450
certification, the identification card shall serve as the firearms	1451
requalification certification for the retired peace officer. If	1452
the issuing public agency issues credentials to active law	1453
enforcement officers who serve the agency, the agency may comply	1454
with division (F)(2)(a) of this section by issuing the same	1455
credentials to persons who retired from service as a peace officer	1456
with the agency and who satisfy the criteria set forth in	1457
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	1458
credentials so issued to retired peace officers are stamped with	1459
the word "RETIRED."	1460

(c) A public agency of this state or of a political	1461
subdivision of this state may charge persons who retired from	1462
service as a peace officer with the agency a reasonable fee for	1463
issuing to the person a retired peace officer identification card	1464
pursuant to division (F)(2)(a) of this section.	1465

(3) If a person retired from service as a peace officer with	1466
a public agency of this state or of a political subdivision of	1467
this state and the person satisfies the criteria set forth in	1468
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	1469
may provide the retired peace officer with the opportunity to	1470
attend a firearms requalification program that is approved for	1471
purposes of firearms requalification required under section	1472
109.801 of the Revised Code. The retired peace officer may be	1473
required to pay the cost of the course.	1474

If a retired peace officer who satisfies the criteria set	1475
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	1476
firearms requalification program that is approved for purposes of	1477
firearms requalification required under section 109.801 of the	1478
Revised Code, the retired peace officer's successful completion of	1479
the firearms requalification program requalifies the retired peace	1480
officer for purposes of division (F) of this section for five	1481
years from the date on which the program was successfully	1482
completed, and the requalification is valid during that five-year	1483
period. If a retired peace officer who satisfies the criteria set	1484
forth in divisions (F)(2)(a)(i) to (iv) of this section	1485
satisfactorily completes such a firearms requalification program,	1486
the retired peace officer shall be issued a firearms	1487
requalification certification that identifies the retired peace	1488
officer by name, identifies the entity that taught the program,	1489
specifies that the retired peace officer successfully completed	1490
the program, specifies the date on which the course was	1491
successfully completed, and specifies that the requalification is	1492
valid for five years from that date of successful completion. The	1493
firearms requalification certification for a retired peace officer	1494
may be included in the retired peace officer identification card	1495
issued to the retired peace officer under division (F)(2) of this	1496
section.	1497

A retired peace officer who attends a firearms	1498
requalification program that is approved for purposes of firearms	1499
requalification required under section 109.801 of the Revised Code	1500
may be required to pay the cost of the program.	1501

(G) As used in this section:

1502

(1) "Qualified retired peace officer" means a person who	1503
satisfies all of the following:	1504

(a) The person satisfies the criteria set forth in divisions	1505
(F)(2)(a)(i) to (v) of this section.	1506

(b) The person is not under the influence of alcohol or	1507
another intoxicating or hallucinatory drug or substance.	1508

(c) The person is not prohibited by federal law from	1509
receiving firearms.	1510

(2) "Retired peace officer identification card" means an	1511
identification card that is issued pursuant to division (F)(2) of	1512
this section to a person who is a retired peace officer.	1513

(3) "Government facility of this state or a political	1514
subdivision of this state" means any of the following:	1515

(a) A building or part of a building that is owned or leased	1516
by the government of this state or a political subdivision of this	1517
state and where employees of the government of this state or the	1518
political subdivision regularly are present for the purpose of	1519
performing their official duties as employees of the state or	1520
political subdivision;	1521

(b) The office of a deputy registrar serving pursuant to	1522
Chapter 4503. of the Revised Code that is used to perform deputy	1523
registrar functions.	1524

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	1525
concealed handgun license is arrested for or otherwise charged	1526
with an offense described in division (D)(1)(d) of section	1527
2923.125 of the Revised Code or with a violation of section	1528
2923.15 of the Revised Code or becomes subject to a temporary	1529
protection order or to a protection order issued by a court of	1530
another state that is substantially equivalent to a temporary	1531
protection order, the sheriff who issued the license shall suspend	1532
it and shall comply with division (A)(3) of this section upon	1533
becoming aware of the arrest, charge, or protection order. Upon	1534
suspending the license, the sheriff also shall comply with	1535
division (H) of section 2923.125 of the Revised Code.	1536

(b) A suspension under division (A)(1)(a) of this section	1537
shall be considered as beginning on the date that the licensee is	1538
arrested for or otherwise charged with an offense described in	1539
that division or on the date the appropriate court issued the	1540
protection order described in that division, irrespective of when	1541
the sheriff notifies the licensee under division (A)(3) of this	1542
section. The suspension shall end on the date on which the charges	1543
are dismissed or the licensee is found not guilty of the offense	1544
described in division (A)(1)(a) of this section or, subject to	1545
division (B) of this section, on the date the appropriate court	1546
terminates the protection order described in that division. If the	1547
suspension so ends, the sheriff shall return the license or	1548
temporary emergency license to the licensee.	1549

(2)(a) If a licensee holding a valid concealed handgun	1550
license is convicted of or pleads guilty to a misdemeanor	1551
violation of division (B)(1), (2), or (4) of section 2923.12 of	1552
the Revised Code or of division (E)(1), (2), (3), or (5) of	1553
section 2923.16 of the Revised Code, except as provided in	1554
division (A)(2)(c) of this section and subject to division (C) of	1555
this section, the sheriff who issued the license shall suspend it	1556
and shall comply with division (A)(3) of this section upon	1557
becoming aware of the conviction or guilty plea. Upon suspending	1558
the license, the sheriff also shall comply with division (H) of	1559
section 2923.125 of the Revised Code.	1560

(b) A suspension under division (A)(2)(a) of this section	1561
shall be considered as beginning on the date that the licensee is	1562
convicted of or pleads guilty to the offense described in that	1563
division, irrespective of when the sheriff notifies the licensee	1564
under division (A)(3) of this section. If the suspension is	1565
imposed for a misdemeanor violation of division (B)(1) or (2) of	1566
section 2923.12 of the Revised Code or of division (E)(1), (2), or	1567
(3) of section 2923.16 of the Revised Code, it shall end on the	1568
date that is one year after the date that the licensee is	1569
convicted of or pleads guilty to that violation. If the suspension	1570
is imposed for a misdemeanor violation of division (B)(4) of	1571
section 2923.12 of the Revised Code or of division (E)(5) of	1572
section 2923.16 of the Revised Code, it shall end on the date that	1573
is two years after the date that the licensee is convicted of or	1574
pleads guilty to that violation. If the licensee's license was	1575
issued under section 2923.125 of the Revised Code and the license	1576
remains valid after the suspension ends as described in this	1577
division, when the suspension ends, the sheriff shall return the	1578
license to the licensee. If the licensee's license was issued	1579
under section 2923.125 of the Revised Code and the license expires	1580
before the suspension ends as described in this division, or if	1581
the licensee's license was issued under section 2923.1213 of the	1582
Revised Code, the licensee is not eligible to apply for a new	1583
license under section 2923.125 or 2923.1213 of the Revised Code or	1584
to renew the license under section 2923.125 of the Revised Code	1585
until after the suspension ends as described in this division.	1586

(c) The license of a licensee who is convicted of or pleads	1587
guilty to a violation of division (B)(1) of section 2923.12 or	1588
division (E)(1) or (2) of section 2923.16 of the Revised Code	1589
shall not be suspended pursuant to division (A)(2)(a) of this	1590
section if, at the time of the stop of the licensee for a law	1591
enforcement purpose, for a traffic stop, or for a purpose defined	1592
in section 5503.34 of the Revised Code that was the basis of the	1593
violation, any law enforcement officer involved with the stop or	1594
the employee of the motor carrier enforcement unit who made the	1595
stop had actual knowledge of the licensee's status as a licensee.	1596

(3) Upon becoming aware of an arrest, charge, or protection	1597
order described in division (A)(1)(a) of this section with respect	1598
to a licensee who was issued a concealed handgun license, or a	1599
conviction of or plea of guilty to a misdemeanor offense described	1600
in division (A)(2)(a) of this section with respect to a licensee	1601
who was issued a concealed handgun license and with respect to	1602
which division (A)(2)(c) of this section does not apply, subject	1603
to division (C) of this section, the sheriff who issued the	1604
licensee's license shall notify the licensee, by certified mail,	1605
return receipt requested, at the licensee's last known residence	1606
address that the license has been suspended and that the licensee	1607
is required to surrender the license at the sheriff's office	1608
within ten days of the date on which the notice was mailed. If the	1609
suspension is pursuant to division (A)(2) of this section, the	1610
notice shall identify the date on which the suspension ends.	1611

(B)(1) A sheriff who issues a concealed handgun license to a	1612
licensee shall revoke the license in accordance with division	1613
(B)(2) of this section upon becoming aware that the licensee	1614
satisfies any of the following:	1615

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

1616

(b) Subject to division (C) of this section, at the time of	1617
the issuance of the license, the licensee did not satisfy the	1618
eligibility requirements of division (D)(1)(c), (d), (e), (f),	1619
(g), or (h) of section 2923.125 of the Revised Code.	1620

(c) Subject to division (C) of this section, on or after the	1621
date on which the license was issued, the licensee is convicted of	1622
or pleads guilty to a violation of section 2923.15 of the Revised	1623
Code or an offense described in division (D)(1)(e), (f), (g), or	1624
(h) of section 2923.125 of the Revised Code.	1625

(d) On or after the date on which the license was issued, the	1626
licensee becomes subject to a civil protection order or to a	1627
protection order issued by a court of another state that is	1628
substantially equivalent to a civil protection order.	1629

(e) The licensee knowingly carries a concealed handgun into a	1630
place that the licensee knows is an unauthorized place specified	1631
in division (B) of section 2923.126 of the Revised Code.	1632

(f) On or after the date on which the license was issued, the	1633
licensee is adjudicated as a mental defective or is committed to a	1634
mental institution.	1635

(g) At the time of the issuance of the license, the licensee	1636
did not meet the residency requirements described in division	1637
(D)(1) of section 2923.125 of the Revised Code and currently does	1638
not meet the residency requirements described in that division.	1639

(h) Regarding a license issued under section 2923.125 of the	1640
Revised Code, the competency certificate the licensee submitted	1641
was forged or otherwise was fraudulent.	1642

(2) Upon becoming aware of any circumstance listed in	1643
division (B)(1) of this section that applies to a particular	1644
licensee who was issued a concealed handgun license, subject to	1645
division (C) of this section, the sheriff who issued the license	1646
to the licensee shall notify the licensee, by certified mail,	1647
return receipt requested, at the licensee's last known residence	1648
address that the license is subject to revocation and that the	1649
licensee may come to the sheriff's office and contest the	1650
sheriff's proposed revocation within fourteen days of the date on	1651
which the notice was mailed. After the fourteen-day period and	1652
after consideration of any information that the licensee provides	1653
during that period, if the sheriff determines on the basis of the	1654
information of which the sheriff is aware that the licensee is	1655
described in division (B)(1) of this section and no longer	1656
satisfies the requirements described in division (D)(1) of section	1657
2923.125 of the Revised Code that are applicable to the licensee's	1658
type of license, the sheriff shall revoke the license, notify the	1659
licensee of that fact, and require the licensee to surrender the	1660
license. Upon revoking the license, the sheriff also shall comply	1661
with division (H) of section 2923.125 of the Revised Code.	1662

(C) If a sheriff who issues a concealed handgun license to a	1663
licensee becomes aware that at the time of the issuance of the	1664
license the licensee had been convicted of or pleaded guilty to an	1665
offense identified in division (D)(1)(e), (f), or (h) of section	1666
2923.125 of the Revised Code or had been adjudicated a delinquent	1667
child for committing an act or violation identified in any of	1668
those divisions or becomes aware that on or after the date on	1669
which the license was issued the licensee has been convicted of or	1670
pleaded guilty to an offense identified in division (A)(2)(a) or	1671
(B)(1)(c) of this section, the sheriff shall not consider that	1672
conviction, guilty plea, or adjudication as having occurred for	1673
purposes of divisions (A)(2), (A)(3), (B)(1), and (B)(2) of this	1674
section if a court has ordered the sealing or expungement of the	1675
records of that conviction, guilty plea, or adjudication pursuant	1676
to sections 2151.355 to 2151.358 or sections 2953.31 to 2953.36 of	1677
the Revised Code or a court has granted the licensee relief	1678
pursuant to section 2923.14 of the Revised Codehas been relieved	1679
under operation of law or legal process from the disability	1680
imposed pursuant to section 2923.13 of the Revised Code relative	1681
to that conviction, guilty plea, or adjudication.	1682

(D) As used in this section, "motor carrier enforcement unit"	1683
has the same meaning as in section 2923.16 of the Revised Code.	1684

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

1685

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

1686

(a) A statement sworn by the person seeking to carry a	1687
concealed handgun that is made under threat of perjury and that	1688
states that the person has reasonable cause to fear a criminal	1689
attack upon the person or a member of the person's family, such as	1690
would justify a prudent person in going armed;	1691

(b) A written document prepared by a governmental entity or	1692
public official describing the facts that give the person seeking	1693
to carry a concealed handgun reasonable cause to fear a criminal	1694
attack upon the person or a member of the person's family, such as	1695
would justify a prudent person in going armed. Written documents	1696
of this nature include, but are not limited to, any temporary	1697
protection order, civil protection order, protection order issued	1698
by another state, or other court order, any court report, and any	1699
report filed with or made by a law enforcement agency or	1700
prosecutor.	1701

(2) "Prosecutor" has the same meaning as in section 2935.01	1702
of the Revised Code.	1703

(B)(1) A person seeking a concealed handgun license on a	1704
temporary emergency basis shall submit to the sheriff of the	1705
county in which the person resides or, if the person usually	1706
resides in another state, to the sheriff of the county in which	1707
the person is temporarily staying, all of the following:	1708

(a) Evidence of imminent danger to the person or a member of	1709
the person's family;	1710

(b) A sworn affidavit that contains all of the information	1711
required to be on the license and attesting that the person is	1712
legally living in the United States; is at least twenty-one years	1713
of age; is not a fugitive from justice; is not under indictment	1714
for or otherwise charged with an offense identified in division	1715
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1716
convicted of or pleaded guilty to an offense, and has not been	1717
adjudicated a delinquent child for committing an act, identified	1718
in division (D)(1)(e) of that section and to which division (B)(3)	1719
of this section does not apply; within three years of the date of	1720
the submission, has not been convicted of or pleaded guilty to an	1721
offense, and has not been adjudicated a delinquent child for	1722
committing an act, identified in division (D)(1)(f) of that	1723
section and to which division (B)(3) of this section does not	1724
apply; within five years of the date of the submission, has not	1725
been convicted of, pleaded guilty, or adjudicated a delinquent	1726
child for committing two or more violations identified in division	1727
(D)(1)(g) of that section; within ten years of the date of the	1728
submission, has not been convicted of, pleaded guilty, or	1729
adjudicated a delinquent child for committing a violation	1730
identified in division (D)(1)(h) of that section and to which	1731
division (B)(3) of this section does not apply; has not been	1732
adjudicated as a mental defective, has not been committed to any	1733
mental institution, is not under adjudication of mental	1734
incompetence, has not been found by a court to be a mentally ill	1735
person subject to hospitalization by court order, and is not an	1736
involuntary patient other than one who is a patient only for	1737
purposes of observation, as described in division (D)(1)(i) of	1738
that section; is not currently subject to a civil protection	1739
order, a temporary protection order, or a protection order issued	1740
by a court of another state, as described in division (D)(1)(j) of	1741
that section; and is not currently subject to a suspension imposed	1742
under division (A)(2) of section 2923.128 of the Revised Code of a	1743
concealed handgun license that previously was issued to the person	1744
or a similar suspension imposed by another state regarding a	1745
concealed handgun license issued by that state; is not an unlawful	1746
user of or addicted to any controlled substance as defined in 21	1747
U.S.C. 802; if applicable, is an alien and has not been admitted	1748
to the United States under a nonimmigrant visa, as defined in the	1749
"Immigration and Nationality Act," 8 U.S.C. 1101(a)(26); has not	1750
been discharged from the armed forces of the United States under	1751
dishonorable conditions; if applicable, has not renounced the	1752
applicant's United States citizenship; and has not been convicted	1753
of, pleaded guilty to, or been adjudicated a delinquent child for	1754
committing a violation identified in division (D)(1)(s) of section	1755
2923.125 of the Revised Code;	1756

(c) A nonrefundable temporary emergency license fee as	1757
described in either of the following:	1758

(i) For an applicant who has been a resident of this state	1759
for five or more years, a fee of fifteen dollars plus the actual	1760
cost of having a background check performed by the bureau of	1761
criminal identification and investigation pursuant to section	1762
311.41 of the Revised Code;	1763

(ii) For an applicant who has been a resident of this state	1764
for less than five years or who is not a resident of this state,	1765
but is temporarily staying in this state, a fee of fifteen dollars	1766
plus the actual cost of having background checks performed by the	1767
federal bureau of investigation and the bureau of criminal	1768
identification and investigation pursuant to section 311.41 of the	1769
Revised Code.	1770

(d) A set of fingerprints of the applicant provided as	1771
described in section 311.41 of the Revised Code through use of an	1772
electronic fingerprint reading device or, if the sheriff to whom	1773
the application is submitted does not possess and does not have	1774
ready access to the use of an electronic fingerprint reading	1775
device, on a standard impression sheet prescribed pursuant to	1776
division (C)(2) of section 109.572 of the Revised Code. If the	1777
fingerprints are provided on a standard impression sheet, the	1778
person also shall provide the person's social security number to	1779
the sheriff.	1780

(2) A sheriff shall accept the evidence of imminent danger,	1781
the sworn affidavit, the fee, and the set of fingerprints required	1782
under division (B)(1) of this section at the times and in the	1783
manners described in division (I) of this section. Upon receipt of	1784
the evidence of imminent danger, the sworn affidavit, the fee, and	1785
the set of fingerprints required under division (B)(1) of this	1786
section, the sheriff, in the manner specified in section 311.41 of	1787
the Revised Code, immediately shall conduct or cause to be	1788
conducted the criminal records check and the incompetency records	1789
check described in section 311.41 of the Revised Code. Immediately	1790
upon receipt of the results of the records checks, the sheriff	1791
shall review the information and shall determine whether the	1792
criteria set forth in divisions (D)(1)(a) to (j) and (m) to (s) of	1793
section 2923.125 of the Revised Code apply regarding the person.	1794
If the sheriff determines that all of criteria set forth in	1795
divisions (D)(1)(a) to (j) and (m) to (s) of section 2923.125 of	1796
the Revised Code apply regarding the person, the sheriff shall	1797
immediately make available through the law enforcement automated	1798
data system all information that will be contained on the	1799
temporary emergency license for the person if one is issued, and	1800
the superintendent of the state highway patrol shall ensure that	1801
the system is so configured as to permit the transmission through	1802
the system of that information. Upon making that information	1803
available through the law enforcement automated data system, the	1804
sheriff shall immediately issue to the person a concealed handgun	1805
license on a temporary emergency basis.	1806

If the sheriff denies the issuance of a license on a	1807
temporary emergency basis to the person, the sheriff shall specify	1808
the grounds for the denial in a written notice to the person. The	1809
person may appeal the denial, or challenge criminal records check	1810
results that were the basis of the denial if applicable, in the	1811
same manners specified in division (D)(2) of section 2923.125 and	1812
in section 2923.127 of the Revised Code, regarding the denial of	1813
an application for a concealed handgun license under that section.	1814

The license on a temporary emergency basis issued under this	1815
division shall be in the form, and shall include all of the	1816
information, described in divisions (A)(2)(a) and (5)(d) of	1817
section 109.731 of the Revised Code, and also shall include a	1818
unique combination of identifying letters and numbers in	1819
accordance with division (A)(4)(2)(c) of that section.	1820

The license on a temporary emergency basis issued under this	1821
division is valid for ninety days and may not be renewed. A person	1822
who has been issued a license on a temporary emergency basis under	1823
this division shall not be issued another license on a temporary	1824
emergency basis unless at least four years has expired since the	1825
issuance of the prior license on a temporary emergency basis.	1826

(3) If a person seeking a concealed handgun license on a	1827
temporary emergency basis has been convicted of or pleaded guilty	1828
to an offense identified in division (D)(1)(e), (f), or (h) of	1829
section 2923.125 of the Revised Code or has been adjudicated a	1830
delinquent child for committing an act or violation identified in	1831
any of those divisions, and if a court has ordered the sealing or	1832
expungement of the records of that conviction, guilty plea, or	1833
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1834
2953.31 to 2953.36 of the Revised Code or a court has granted the	1835
applicant relief pursuant to section 2923.14 of the Revised Code	1836
has been relieved under operation of law or legal process from the	1837
disability imposed pursuant to section 2923.13 of the Revised Code	1838
relative to that conviction, guilty plea, or adjudication, the	1839
conviction, guilty plea, or adjudication shall not be relevant for	1840
purposes of the sworn affidavit described in division (B)(1)(b) of	1841
this section, and the person may complete, and swear to the truth	1842
of, the affidavit as if the conviction, guilty plea, or	1843
adjudication never had occurred.	1844

(4) The sheriff shall waive the payment pursuant to division	1845
(B)(1)(c) of this section of the license fee in connection with an	1846
application that is submitted by an applicant who is a retired	1847
peace officer, a retired person described in division (B)(1)(b) of	1848
section 109.77 of the Revised Code, or a retired federal law	1849
enforcement officer who, prior to retirement, was authorized under	1850
federal law to carry a firearm in the course of duty, unless the	1851
retired peace officer, person, or federal law enforcement officer	1852
retired as the result of a mental disability.	1853

The sheriff shall deposit all fees paid by an applicant under	1854
division (B)(1)(c) of this section into the sheriff's concealed	1855
handgun license issuance fund established pursuant to section	1856
311.42 of the Revised Code.	1857

(C) A person who holds a concealed handgun license on a	1858
temporary emergency basis has the same right to carry a concealed	1859
handgun as a person who was issued a concealed handgun license	1860
under section 2923.125 of the Revised Code, and any exceptions to	1861
the prohibitions contained in section 1547.69 and sections 2923.12	1862
to 2923.16 of the Revised Code for a licensee under section	1863
2923.125 of the Revised Code apply to a licensee under this	1864
section. The person is subject to the same restrictions, and to	1865
all other procedures, duties, and sanctions, that apply to a	1866
person who carries a license issued under section 2923.125 of the	1867
Revised Code, other than the license renewal procedures set forth	1868
in that section.	1869

(D) A sheriff who issues a concealed handgun license on a	1870
temporary emergency basis under this section shall not require a	1871
person seeking to carry a concealed handgun in accordance with	1872
this section to submit a competency certificate as a prerequisite	1873
for issuing the license and shall comply with division (H) of	1874
section 2923.125 of the Revised Code in regards to the license.	1875
The sheriff shall suspend or revoke the license in accordance with	1876
section 2923.128 of the Revised Code. In addition to the	1877
suspension or revocation procedures set forth in section 2923.128	1878
of the Revised Code, the sheriff may revoke the license upon	1879
receiving information, verifiable by public documents, that the	1880
person is not eligible to possess a firearm under either the laws	1881
of this state or of the United States or that the person committed	1882
perjury in obtaining the license; if the sheriff revokes a license	1883
under this additional authority, the sheriff shall notify the	1884
person, by certified mail, return receipt requested, at the	1885
person's last known residence address that the license has been	1886
revoked and that the person is required to surrender the license	1887
at the sheriff's office within ten days of the date on which the	1888
notice was mailed. Division (H) of section 2923.125 of the Revised	1889
Code applies regarding any suspension or revocation of a concealed	1890
handgun license on a temporary emergency basis.	1891

(E) A sheriff who issues a concealed handgun license on a	1892
temporary emergency basis under this section shall retain, for the	1893
entire period during which the license is in effect, the evidence	1894
of imminent danger that the person submitted to the sheriff and	1895
that was the basis for the license, or a copy of that evidence, as	1896
appropriate.	1897

(F) If a concealed handgun license on a temporary emergency	1898
basis issued under this section is lost or is destroyed, the	1899
licensee may obtain from the sheriff who issued that license a	1900
duplicate license upon the payment of a fee of fifteen dollars and	1901
the submission of an affidavit attesting to the loss or	1902
destruction of the license. The sheriff, in accordance with the	1903
procedures prescribed in section 109.731 of the Revised Code,	1904
shall place on the replacement license a combination of	1905
identifying numbers different from the combination on the license	1906
that is being replaced.	1907

(G) The Ohio peace officer training commissionattorney	1908
general shall prescribe, and shall make available to sheriffs, a	1909
standard form to be used under division (B) of this section by a	1910
person who applies for a concealed handgun license on a temporary	1911
emergency basis on the basis of imminent danger of a type	1912
described in division (A)(1)(a) of this section. The attorney	1913
general shall design the form to enable applicants to provide the	1914
information that is required by law to be collected, and shall	1915
update the form as necessary. Burdens or restrictions to obtaining	1916
a concealed handgun license that are not expressly prescribed in	1917
law shall not be incorporated into the form. The attorney general	1918
shall post a printable version of the form on the web site of the	1919
attorney general and shall provide the address of the web site to	1920
any person who requests the form.	1921

(H) A sheriff who receives any fees paid by a person under	1922
this section shall deposit all fees so paid into the sheriff's	1923
concealed handgun license issuance expense fund established under	1924
section 311.42 of the Revised Code.	1925

(I) A sheriff shall accept evidence of imminent danger, a	1926
sworn affidavit, the fee, and the set of fingerprints specified in	1927
division (B)(1) of this section at any time during normal business	1928
hours. In no case shall a sheriff require an appointment, or	1929
designate a specific period of time, for the submission or	1930
acceptance of evidence of imminent danger, a sworn affidavit, the	1931
fee, and the set of fingerprints specified in division (B)(1) of	1932
this section, or for the provision to any person of a standard	1933
form to be used for a person to apply for a concealed handgun	1934
license on a temporary emergency basis.	1935

Sec. 2923.13.  (A) Unless relieved from disability as	1936
provided in section 2923.14 of the Revised Codeunder operation of	1937
law or legal process, no person shall knowingly acquire, have,	1938
carry, or use any firearm or dangerous ordnance, if any of the	1939
following apply:	1940

(1) The person is a fugitive from justice.

1941

(2) The person is under indictment for or has been convicted	1942
of any felony offense of violence or has been adjudicated a	1943
delinquent child for the commission of an offense that, if	1944
committed by an adult, would have been a felony offense of	1945
violence.	1946

(3) The person is under indictment for or has been convicted	1947
of any felony offense involving the illegal possession, use, sale,	1948
administration, distribution, or trafficking in any drug of abuse	1949
or has been adjudicated a delinquent child for the commission of	1950
an offense that, if committed by an adult, would have been a	1951
felony offense involving the illegal possession, use, sale,	1952
administration, distribution, or trafficking in any drug of abuse.	1953

(4) The person is drug dependent, in danger of drug	1954
dependence, or a chronic alcoholic.	1955

(5) The person is under adjudication of mental incompetence,	1956
has been adjudicated as a mental defective, has been committed to	1957
a mental institution, has been found by a court to be a mentally	1958
ill person subject to hospitalization by court order, or is an	1959
involuntary patient other than one who is a patient only for	1960
purposes of observation. As used in this division, "mentally ill	1961
person subject to hospitalization by court order" and "patient"	1962
have the same meanings as in section 5122.01 of the Revised Code.	1963

(B) Whoever violates this section is guilty of having weapons	1964
while under disability, a felony of the third degree.	1965

Sec. 2923.17.  (A) No person shall knowingly acquire, have,	1966
carry, or use any dangerous ordnance.	1967

(B) No person shall manufacture or process an explosive at	1968
any location in this state unless the person first has been issued	1969
a license, certificate of registration, or permit to do so from a	1970
fire official of a political subdivision of this state or from the	1971
office of the fire marshal.	1972

(C) Division (A) of this section does not apply to:

1973

(1) Officers, agents, or employees of this or any other state	1974
or the United States, members of the armed forces of the United	1975
States or the organized militia of this or any other state, and	1976
law enforcement officers, to the extent that any such person is	1977
authorized to acquire, have, carry, or use dangerous ordnance and	1978
is acting within the scope of the person's duties;	1979

(2) Importers, manufacturers, dealers, and users of	1980
explosives, having a license or user permit issued and in effect	1981
pursuant to the "Organized Crime Control Act of 1970," 84 Stat.	1982
952, 18 U.S.C. 843, and any amendments or additions thereto or	1983
reenactments thereof, with respect to explosives and explosive	1984
devices lawfully acquired, possessed, carried, or used under the	1985
laws of this state and applicable federal law;	1986

(3) Importers, manufacturers, and dealers having a license to	1987
deal in destructive devices or their ammunition, issued and in	1988
effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213,	1989
18 U.S.C. 923, and any amendments or additions thereto or	1990
reenactments thereof, with respect to dangerous ordnance lawfully	1991
acquired, possessed, carried, or used under the laws of this state	1992
and applicable federal law;	1993

(4) Persons to whom surplus ordnance has been sold, loaned,	1994
or given by the secretary of the army pursuant to 70A Stat. 262	1995
and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or	1996
additions thereto or reenactments thereof, with respect to	1997
dangerous ordnance when lawfully possessed and used for the	1998
purposes specified in such section;	1999

(5) Owners of dangerous ordnance registered in the national	2000
firearms registration and transfer record pursuant to the act of	2001
October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any	2002
amendments or additions thereto or reenactments thereof, and	2003
regulations issued thereunder.;	2004

(6) Carriers, warehouses, and others engaged in the business	2005
of transporting or storing goods for hire, with respect to	2006
dangerous ordnance lawfully transported or stored in the usual	2007
course of their business and in compliance with the laws of this	2008
state and applicable federal law;	2009

(7) The holders of a license or temporary permit issued and	2010
in effect pursuant to section 2923.18 of the Revised Code, with	2011
respect to dangerous ordnance lawfully acquired, possessed,	2012
carried, or used for the purposes and in the manner specified in	2013
such license or permit;	2014

(8) Persons who own a dangerous ordnance that is a firearm	2015
muffler or suppressor attached to a gun that is authorized to be	2016
used for hunting by section 1533.16 of the Revised Code and who	2017
are authorized to use such a dangerous ordnance by section 1533.04	2018
of the Revised Code.	2019

(D) Whoever violates division (A) of this section is guilty	2020
of unlawful possession of dangerous ordnance, a felony of the	2021
fifth degree.	2022

(E) Whoever violates division (B) of this section is guilty	2023
of illegally manufacturing or processing explosives, a felony of	2024
the second degree.	2025

Sec. 2929.14.  (A) Except as provided in division (B)(1),	2026
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	2027
(H), or (J) of this section or in division (D)(6) of section	2028
2919.25 of the Revised Code and except in relation to an offense	2029
for which a sentence of death or life imprisonment is to be	2030
imposed, if the court imposing a sentence upon an offender for a	2031
felony elects or is required to impose a prison term on the	2032
offender pursuant to this chapter, the court shall impose a	2033
definite prison term that shall be one of the following:	2034

(1) For a felony of the first degree, the prison term shall	2035
be three, four, five, six, seven, eight, nine, ten, or eleven	2036
years.	2037

(2) For a felony of the second degree, the prison term shall	2038
be two, three, four, five, six, seven, or eight years.	2039

(3)(a) For a felony of the third degree that is a violation	2040
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	2041
Revised Code or that is a violation of section 2911.02 or 2911.12	2042
of the Revised Code if the offender previously has been convicted	2043
of or pleaded guilty in two or more separate proceedings to two or	2044
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	2045
of the Revised Code, the prison term shall be twelve, eighteen,	2046
twenty-four, thirty, thirty-six, forty-two, forty-eight,	2047
fifty-four, or sixty months.	2048

(b) For a felony of the third degree that is not an offense	2049
for which division (A)(3)(a) of this section applies, the prison	2050
term shall be nine, twelve, eighteen, twenty-four, thirty, or	2051
thirty-six months.	2052

(4) For a felony of the fourth degree, the prison term shall	2053
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2054
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2055

(5) For a felony of the fifth degree, the prison term shall	2056
be six, seven, eight, nine, ten, eleven, or twelve months.	2057

(B)(1)(a) Except as provided in division (B)(1)(e) of this	2058
section, if an offender who is convicted of or pleads guilty to a	2059
felony also is convicted of or pleads guilty to a specification of	2060
the type described in section 2941.141, 2941.144, or 2941.145 of	2061
the Revised Code, the court shall impose on the offender one of	2062
the following prison terms:	2063

(i) A prison term of six years if the specification is of the	2064
type described in section 2941.144 of the Revised Code that	2065
charges the offender with having a firearm that is an automatic	2066
firearm or that was equipped with a firearm muffler or silencer	2067
suppressor on or about the offender's person or under the	2068
offender's control while committing the felony;	2069

(ii) A prison term of three years if the specification is of	2070
the type described in section 2941.145 of the Revised Code that	2071
charges the offender with having a firearm on or about the	2072
offender's person or under the offender's control while committing	2073
the offense and displaying the firearm, brandishing the firearm,	2074
indicating that the offender possessed the firearm, or using it to	2075
facilitate the offense;	2076

(iii) A prison term of one year if the specification is of	2077
the type described in section 2941.141 of the Revised Code that	2078
charges the offender with having a firearm on or about the	2079
offender's person or under the offender's control while committing	2080
the felony.	2081

(b) If a court imposes a prison term on an offender under	2082
division (B)(1)(a) of this section, the prison term shall not be	2083
reduced pursuant to section 2967.19, section 2929.20, section	2084
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2085
of the Revised Code. Except as provided in division (B)(1)(g) of	2086
this section, a court shall not impose more than one prison term	2087
on an offender under division (B)(1)(a) of this section for	2088
felonies committed as part of the same act or transaction.	2089

(c) Except as provided in division (B)(1)(e) of this section,	2090
if an offender who is convicted of or pleads guilty to a violation	2091
of section 2923.161 of the Revised Code or to a felony that	2092
includes, as an essential element, purposely or knowingly causing	2093
or attempting to cause the death of or physical harm to another,	2094
also is convicted of or pleads guilty to a specification of the	2095
type described in section 2941.146 of the Revised Code that	2096
charges the offender with committing the offense by discharging a	2097
firearm from a motor vehicle other than a manufactured home, the	2098
court, after imposing a prison term on the offender for the	2099
violation of section 2923.161 of the Revised Code or for the other	2100
felony offense under division (A), (B)(2), or (B)(3) of this	2101
section, shall impose an additional prison term of five years upon	2102
the offender that shall not be reduced pursuant to section	2103
2929.20, section 2967.19, section 2967.193, or any other provision	2104
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	2105
shall not impose more than one additional prison term on an	2106
offender under division (B)(1)(c) of this section for felonies	2107
committed as part of the same act or transaction. If a court	2108
imposes an additional prison term on an offender under division	2109
(B)(1)(c) of this section relative to an offense, the court also	2110
shall impose a prison term under division (B)(1)(a) of this	2111
section relative to the same offense, provided the criteria	2112
specified in that division for imposing an additional prison term	2113
are satisfied relative to the offender and the offense.	2114

(d) If an offender who is convicted of or pleads guilty to an	2115
offense of violence that is a felony also is convicted of or	2116
pleads guilty to a specification of the type described in section	2117
2941.1411 of the Revised Code that charges the offender with	2118
wearing or carrying body armor while committing the felony offense	2119
of violence, the court shall impose on the offender a prison term	2120
of two years. The prison term so imposed, subject to divisions (C)	2121
to (I) of section 2967.19 of the Revised Code, shall not be	2122
reduced pursuant to section 2929.20, section 2967.19, section	2123
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2124
of the Revised Code. A court shall not impose more than one prison	2125
term on an offender under division (B)(1)(d) of this section for	2126
felonies committed as part of the same act or transaction. If a	2127
court imposes an additional prison term under division (B)(1)(a)	2128
or (c) of this section, the court is not precluded from imposing	2129
an additional prison term under division (B)(1)(d) of this	2130
section.	2131

(e) The court shall not impose any of the prison terms	2132
described in division (B)(1)(a) of this section or any of the	2133
additional prison terms described in division (B)(1)(c) of this	2134
section upon an offender for a violation of section 2923.12 or	2135
2923.123 of the Revised Code. The court shall not impose any of	2136
the prison terms described in division (B)(1)(a) or (b) of this	2137
section upon an offender for a violation of section 2923.122 that	2138
involves a deadly weapon that is a firearm other than a dangerous	2139
ordnance, section 2923.16, or section 2923.121 of the Revised	2140
Code. The court shall not impose any of the prison terms described	2141
in division (B)(1)(a) of this section or any of the additional	2142
prison terms described in division (B)(1)(c) of this section upon	2143
an offender for a violation of section 2923.13 of the Revised Code	2144
unless all of the following apply:	2145

(i) The offender previously has been convicted of aggravated	2146
murder, murder, or any felony of the first or second degree.	2147

(ii) Less than five years have passed since the offender was	2148
released from prison or post-release control, whichever is later,	2149
for the prior offense.	2150

(f) If an offender is convicted of or pleads guilty to a	2151
felony that includes, as an essential element, causing or	2152
attempting to cause the death of or physical harm to another and	2153
also is convicted of or pleads guilty to a specification of the	2154
type described in section 2941.1412 of the Revised Code that	2155
charges the offender with committing the offense by discharging a	2156
firearm at a peace officer as defined in section 2935.01 of the	2157
Revised Code or a corrections officer, as defined in section	2158
2941.1412 of the Revised Code, the court, after imposing a prison	2159
term on the offender for the felony offense under division (A),	2160
(B)(2), or (B)(3) of this section, shall impose an additional	2161
prison term of seven years upon the offender that shall not be	2162
reduced pursuant to section 2929.20, section 2967.19, section	2163
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2164
of the Revised Code. If an offender is convicted of or pleads	2165
guilty to two or more felonies that include, as an essential	2166
element, causing or attempting to cause the death or physical harm	2167
to another and also is convicted of or pleads guilty to a	2168
specification of the type described under division (B)(1)(f) of	2169
this section in connection with two or more of the felonies of	2170
which the offender is convicted or to which the offender pleads	2171
guilty, the sentencing court shall impose on the offender the	2172
prison term specified under division (B)(1)(f) of this section for	2173
each of two of the specifications of which the offender is	2174
convicted or to which the offender pleads guilty and, in its	2175
discretion, also may impose on the offender the prison term	2176
specified under that division for any or all of the remaining	2177
specifications. If a court imposes an additional prison term on an	2178
offender under division (B)(1)(f) of this section relative to an	2179
offense, the court shall not impose a prison term under division	2180
(B)(1)(a) or (c) of this section relative to the same offense.	2181

(g) If an offender is convicted of or pleads guilty to two or	2182
more felonies, if one or more of those felonies are aggravated	2183
murder, murder, attempted aggravated murder, attempted murder,	2184
aggravated robbery, felonious assault, or rape, and if the	2185
offender is convicted of or pleads guilty to a specification of	2186
the type described under division (B)(1)(a) of this section in	2187
connection with two or more of the felonies, the sentencing court	2188
shall impose on the offender the prison term specified under	2189
division (B)(1)(a) of this section for each of the two most	2190
serious specifications of which the offender is convicted or to	2191
which the offender pleads guilty and, in its discretion, also may	2192
impose on the offender the prison term specified under that	2193
division for any or all of the remaining specifications.	2194

(2)(a) If division (B)(2)(b) of this section does not apply,	2195
the court may impose on an offender, in addition to the longest	2196
prison term authorized or required for the offense, an additional	2197
definite prison term of one, two, three, four, five, six, seven,	2198
eight, nine, or ten years if all of the following criteria are	2199
met:	2200

(i) The offender is convicted of or pleads guilty to a	2201
specification of the type described in section 2941.149 of the	2202
Revised Code that the offender is a repeat violent offender.	2203

(ii) The offense of which the offender currently is convicted	2204
or to which the offender currently pleads guilty is aggravated	2205
murder and the court does not impose a sentence of death or life	2206
imprisonment without parole, murder, terrorism and the court does	2207
not impose a sentence of life imprisonment without parole, any	2208
felony of the first degree that is an offense of violence and the	2209
court does not impose a sentence of life imprisonment without	2210
parole, or any felony of the second degree that is an offense of	2211
violence and the trier of fact finds that the offense involved an	2212
attempt to cause or a threat to cause serious physical harm to a	2213
person or resulted in serious physical harm to a person.	2214

(iii) The court imposes the longest prison term for the	2215
offense that is not life imprisonment without parole.	2216

(iv) The court finds that the prison terms imposed pursuant	2217
to division (B)(2)(a)(iii) of this section and, if applicable,	2218
division (B)(1) or (3) of this section are inadequate to punish	2219
the offender and protect the public from future crime, because the	2220
applicable factors under section 2929.12 of the Revised Code	2221
indicating a greater likelihood of recidivism outweigh the	2222
applicable factors under that section indicating a lesser	2223
likelihood of recidivism.	2224

(v) The court finds that the prison terms imposed pursuant to	2225
division (B)(2)(a)(iii) of this section and, if applicable,	2226
division (B)(1) or (3) of this section are demeaning to the	2227
seriousness of the offense, because one or more of the factors	2228
under section 2929.12 of the Revised Code indicating that the	2229
offender's conduct is more serious than conduct normally	2230
constituting the offense are present, and they outweigh the	2231
applicable factors under that section indicating that the	2232
offender's conduct is less serious than conduct normally	2233
constituting the offense.	2234

(b) The court shall impose on an offender the longest prison	2235
term authorized or required for the offense and shall impose on	2236
the offender an additional definite prison term of one, two,	2237
three, four, five, six, seven, eight, nine, or ten years if all of	2238
the following criteria are met:	2239

(i) The offender is convicted of or pleads guilty to a	2240
specification of the type described in section 2941.149 of the	2241
Revised Code that the offender is a repeat violent offender.	2242

(ii) The offender within the preceding twenty years has been	2243
convicted of or pleaded guilty to three or more offenses described	2244
in division (CC)(1) of section 2929.01 of the Revised Code,	2245
including all offenses described in that division of which the	2246
offender is convicted or to which the offender pleads guilty in	2247
the current prosecution and all offenses described in that	2248
division of which the offender previously has been convicted or to	2249
which the offender previously pleaded guilty, whether prosecuted	2250
together or separately.	2251

(iii) The offense or offenses of which the offender currently	2252
is convicted or to which the offender currently pleads guilty is	2253
aggravated murder and the court does not impose a sentence of	2254
death or life imprisonment without parole, murder, terrorism and	2255
the court does not impose a sentence of life imprisonment without	2256
parole, any felony of the first degree that is an offense of	2257
violence and the court does not impose a sentence of life	2258
imprisonment without parole, or any felony of the second degree	2259
that is an offense of violence and the trier of fact finds that	2260
the offense involved an attempt to cause or a threat to cause	2261
serious physical harm to a person or resulted in serious physical	2262
harm to a person.	2263

(c) For purposes of division (B)(2)(b) of this section, two	2264
or more offenses committed at the same time or as part of the same	2265
act or event shall be considered one offense, and that one offense	2266
shall be the offense with the greatest penalty.	2267

(d) A sentence imposed under division (B)(2)(a) or (b) of	2268
this section shall not be reduced pursuant to section 2929.20,	2269
section 2967.19, or section 2967.193, or any other provision of	2270
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	2271
shall serve an additional prison term imposed under this section	2272
consecutively to and prior to the prison term imposed for the	2273
underlying offense.	2274

(e) When imposing a sentence pursuant to division (B)(2)(a)	2275
or (b) of this section, the court shall state its findings	2276
explaining the imposed sentence.	2277

(3) Except when an offender commits a violation of section	2278
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2279
the violation is life imprisonment or commits a violation of	2280
section 2903.02 of the Revised Code, if the offender commits a	2281
violation of section 2925.03 or 2925.11 of the Revised Code and	2282
that section classifies the offender as a major drug offender, if	2283
the offender commits a felony violation of section 2925.02,	2284
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2285
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2286
division (C) of section 4729.51, or division (J) of section	2287
4729.54 of the Revised Code that includes the sale, offer to sell,	2288
or possession of a schedule I or II controlled substance, with the	2289
exception of marihuana, and the court imposing sentence upon the	2290
offender finds that the offender is guilty of a specification of	2291
the type described in section 2941.1410 of the Revised Code	2292
charging that the offender is a major drug offender, if the court	2293
imposing sentence upon an offender for a felony finds that the	2294
offender is guilty of corrupt activity with the most serious	2295
offense in the pattern of corrupt activity being a felony of the	2296
first degree, or if the offender is guilty of an attempted	2297
violation of section 2907.02 of the Revised Code and, had the	2298
offender completed the violation of section 2907.02 of the Revised	2299
Code that was attempted, the offender would have been subject to a	2300
sentence of life imprisonment or life imprisonment without parole	2301
for the violation of section 2907.02 of the Revised Code, the	2302
court shall impose upon the offender for the felony violation a	2303
mandatory prison term of the maximum prison term prescribed for a	2304
felony of the first degree that, subject to divisions (C) to (I)	2305
of section 2967.19 of the Revised Code, cannot be reduced pursuant	2306
to section 2929.20, section 2967.19, or any other provision of	2307
Chapter 2967. or 5120. of the Revised Code.	2308

(4) If the offender is being sentenced for a third or fourth	2309
degree felony OVI offense under division (G)(2) of section 2929.13	2310
of the Revised Code, the sentencing court shall impose upon the	2311
offender a mandatory prison term in accordance with that division.	2312
In addition to the mandatory prison term, if the offender is being	2313
sentenced for a fourth degree felony OVI offense, the court,	2314
notwithstanding division (A)(4) of this section, may sentence the	2315
offender to a definite prison term of not less than six months and	2316
not more than thirty months, and if the offender is being	2317
sentenced for a third degree felony OVI offense, the sentencing	2318
court may sentence the offender to an additional prison term of	2319
any duration specified in division (A)(3) of this section. In	2320
either case, the additional prison term imposed shall be reduced	2321
by the sixty or one hundred twenty days imposed upon the offender	2322
as the mandatory prison term. The total of the additional prison	2323
term imposed under division (B)(4) of this section plus the sixty	2324
or one hundred twenty days imposed as the mandatory prison term	2325
shall equal a definite term in the range of six months to thirty	2326
months for a fourth degree felony OVI offense and shall equal one	2327
of the authorized prison terms specified in division (A)(3) of	2328
this section for a third degree felony OVI offense. If the court	2329
imposes an additional prison term under division (B)(4) of this	2330
section, the offender shall serve the additional prison term after	2331
the offender has served the mandatory prison term required for the	2332
offense. In addition to the mandatory prison term or mandatory and	2333
additional prison term imposed as described in division (B)(4) of	2334
this section, the court also may sentence the offender to a	2335
community control sanction under section 2929.16 or 2929.17 of the	2336
Revised Code, but the offender shall serve all of the prison terms	2337
so imposed prior to serving the community control sanction.	2338

If the offender is being sentenced for a fourth degree felony	2339
OVI offense under division (G)(1) of section 2929.13 of the	2340
Revised Code and the court imposes a mandatory term of local	2341
incarceration, the court may impose a prison term as described in	2342
division (A)(1) of that section.	2343

(5) If an offender is convicted of or pleads guilty to a	2344
violation of division (A)(1) or (2) of section 2903.06 of the	2345
Revised Code and also is convicted of or pleads guilty to a	2346
specification of the type described in section 2941.1414 of the	2347
Revised Code that charges that the victim of the offense is a	2348
peace officer, as defined in section 2935.01 of the Revised Code,	2349
or an investigator of the bureau of criminal identification and	2350
investigation, as defined in section 2903.11 of the Revised Code,	2351
the court shall impose on the offender a prison term of five	2352
years. If a court imposes a prison term on an offender under	2353
division (B)(5) of this section, the prison term, subject to	2354
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2355
not be reduced pursuant to section 2929.20, section 2967.19,	2356
section 2967.193, or any other provision of Chapter 2967. or	2357
Chapter 5120. of the Revised Code. A court shall not impose more	2358
than one prison term on an offender under division (B)(5) of this	2359
section for felonies committed as part of the same act.	2360

(6) If an offender is convicted of or pleads guilty to a	2361
violation of division (A)(1) or (2) of section 2903.06 of the	2362
Revised Code and also is convicted of or pleads guilty to a	2363
specification of the type described in section 2941.1415 of the	2364
Revised Code that charges that the offender previously has been	2365
convicted of or pleaded guilty to three or more violations of	2366
division (A) or (B) of section 4511.19 of the Revised Code or an	2367
equivalent offense, as defined in section 2941.1415 of the Revised	2368
Code, or three or more violations of any combination of those	2369
divisions and offenses, the court shall impose on the offender a	2370
prison term of three years. If a court imposes a prison term on an	2371
offender under division (B)(6) of this section, the prison term,	2372
subject to divisions (C) to (I) of section 2967.19 of the Revised	2373
Code, shall not be reduced pursuant to section 2929.20, section	2374
2967.19, section 2967.193, or any other provision of Chapter 2967.	2375
or Chapter 5120. of the Revised Code. A court shall not impose	2376
more than one prison term on an offender under division (B)(6) of	2377
this section for felonies committed as part of the same act.	2378

(7)(a) If an offender is convicted of or pleads guilty to a	2379
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2380
2923.32, division (A)(1) or (2) of section 2907.323, or division	2381
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2382
Code and also is convicted of or pleads guilty to a specification	2383
of the type described in section 2941.1422 of the Revised Code	2384
that charges that the offender knowingly committed the offense in	2385
furtherance of human trafficking, the court shall impose on the	2386
offender a mandatory prison term that is one of the following:	2387

(i) If the offense is a felony of the first degree, a	2388
definite prison term of not less than five years and not greater	2389
than ten years;	2390

(ii) If the offense is a felony of the second or third	2391
degree, a definite prison term of not less than three years and	2392
not greater than the maximum prison term allowed for the offense	2393
by division (A) of section 2929.14 of the Revised Code;	2394

(iii) If the offense is a felony of the fourth or fifth	2395
degree, a definite prison term that is the maximum prison term	2396
allowed for the offense by division (A) of section 2929.14 of the	2397
Revised Code.	2398

(b) Subject to divisions (C) to (I) of section 2967.19 of the	2399
Revised Code, the prison term imposed under division (B)(7)(a) of	2400
this section shall not be reduced pursuant to section 2929.20,	2401
section 2967.19, section 2967.193, or any other provision of	2402
Chapter 2967. of the Revised Code. A court shall not impose more	2403
than one prison term on an offender under division (B)(7)(a) of	2404
this section for felonies committed as part of the same act,	2405
scheme, or plan.	2406

(8) If an offender is convicted of or pleads guilty to a	2407
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2408
Revised Code and also is convicted of or pleads guilty to a	2409
specification of the type described in section 2941.1423 of the	2410
Revised Code that charges that the victim of the violation was a	2411
woman whom the offender knew was pregnant at the time of the	2412
violation, notwithstanding the range of prison terms prescribed in	2413
division (A) of this section for felonies of the same degree as	2414
the violation, the court shall impose on the offender a mandatory	2415
prison term that is either a definite prison term of six months or	2416
one of the prison terms prescribed in section 2929.14 of the	2417
Revised Code for felonies of the same degree as the violation.	2418

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	2419
mandatory prison term is imposed upon an offender pursuant to	2420
division (B)(1)(a) of this section for having a firearm on or	2421
about the offender's person or under the offender's control while	2422
committing a felony, if a mandatory prison term is imposed upon an	2423
offender pursuant to division (B)(1)(c) of this section for	2424
committing a felony specified in that division by discharging a	2425
firearm from a motor vehicle, or if both types of mandatory prison	2426
terms are imposed, the offender shall serve any mandatory prison	2427
term imposed under either division consecutively to any other	2428
mandatory prison term imposed under either division or under	2429
division (B)(1)(d) of this section, consecutively to and prior to	2430
any prison term imposed for the underlying felony pursuant to	2431
division (A), (B)(2), or (B)(3) of this section or any other	2432
section of the Revised Code, and consecutively to any other prison	2433
term or mandatory prison term previously or subsequently imposed	2434
upon the offender.	2435

(b) If a mandatory prison term is imposed upon an offender	2436
pursuant to division (B)(1)(d) of this section for wearing or	2437
carrying body armor while committing an offense of violence that	2438
is a felony, the offender shall serve the mandatory term so	2439
imposed consecutively to any other mandatory prison term imposed	2440
under that division or under division (B)(1)(a) or (c) of this	2441
section, consecutively to and prior to any prison term imposed for	2442
the underlying felony under division (A), (B)(2), or (B)(3) of	2443
this section or any other section of the Revised Code, and	2444
consecutively to any other prison term or mandatory prison term	2445
previously or subsequently imposed upon the offender.	2446

(c) If a mandatory prison term is imposed upon an offender	2447
pursuant to division (B)(1)(f) of this section, the offender shall	2448
serve the mandatory prison term so imposed consecutively to and	2449
prior to any prison term imposed for the underlying felony under	2450
division (A), (B)(2), or (B)(3) of this section or any other	2451
section of the Revised Code, and consecutively to any other prison	2452
term or mandatory prison term previously or subsequently imposed	2453
upon the offender.	2454

(d) If a mandatory prison term is imposed upon an offender	2455
pursuant to division (B)(7) or (8) of this section, the offender	2456
shall serve the mandatory prison term so imposed consecutively to	2457
any other mandatory prison term imposed under that division or	2458
under any other provision of law and consecutively to any other	2459
prison term or mandatory prison term previously or subsequently	2460
imposed upon the offender.	2461

(2) If an offender who is an inmate in a jail, prison, or	2462
other residential detention facility violates section 2917.02,	2463
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	2464
of section 2921.34 of the Revised Code, if an offender who is	2465
under detention at a detention facility commits a felony violation	2466
of section 2923.131 of the Revised Code, or if an offender who is	2467
an inmate in a jail, prison, or other residential detention	2468
facility or is under detention at a detention facility commits	2469
another felony while the offender is an escapee in violation of	2470
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	2471
prison term imposed upon the offender for one of those violations	2472
shall be served by the offender consecutively to the prison term	2473
or term of imprisonment the offender was serving when the offender	2474
committed that offense and to any other prison term previously or	2475
subsequently imposed upon the offender.	2476

(3) If a prison term is imposed for a violation of division	2477
(B) of section 2911.01 of the Revised Code, a violation of	2478
division (A) of section 2913.02 of the Revised Code in which the	2479
stolen property is a firearm or dangerous ordnance, or a felony	2480
violation of division (B) of section 2921.331 of the Revised Code,	2481
the offender shall serve that prison term consecutively to any	2482
other prison term or mandatory prison term previously or	2483
subsequently imposed upon the offender.	2484

(4) If multiple prison terms are imposed on an offender for	2485
convictions of multiple offenses, the court may require the	2486
offender to serve the prison terms consecutively if the court	2487
finds that the consecutive service is necessary to protect the	2488
public from future crime or to punish the offender and that	2489
consecutive sentences are not disproportionate to the seriousness	2490
of the offender's conduct and to the danger the offender poses to	2491
the public, and if the court also finds any of the following:	2492

(a) The offender committed one or more of the multiple	2493
offenses while the offender was awaiting trial or sentencing, was	2494
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2495
2929.18 of the Revised Code, or was under post-release control for	2496
a prior offense.	2497

(b) At least two of the multiple offenses were committed as	2498
part of one or more courses of conduct, and the harm caused by two	2499
or more of the multiple offenses so committed was so great or	2500
unusual that no single prison term for any of the offenses	2501
committed as part of any of the courses of conduct adequately	2502
reflects the seriousness of the offender's conduct.	2503

(c) The offender's history of criminal conduct demonstrates	2504
that consecutive sentences are necessary to protect the public	2505
from future crime by the offender.	2506

(5) If a mandatory prison term is imposed upon an offender	2507
pursuant to division (B)(5) or (6) of this section, the offender	2508
shall serve the mandatory prison term consecutively to and prior	2509
to any prison term imposed for the underlying violation of	2510
division (A)(1) or (2) of section 2903.06 of the Revised Code	2511
pursuant to division (A) of this section or section 2929.142 of	2512
the Revised Code. If a mandatory prison term is imposed upon an	2513
offender pursuant to division (B)(5) of this section, and if a	2514
mandatory prison term also is imposed upon the offender pursuant	2515
to division (B)(6) of this section in relation to the same	2516
violation, the offender shall serve the mandatory prison term	2517
imposed pursuant to division (B)(5) of this section consecutively	2518
to and prior to the mandatory prison term imposed pursuant to	2519
division (B)(6) of this section and consecutively to and prior to	2520
any prison term imposed for the underlying violation of division	2521
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2522
division (A) of this section or section 2929.142 of the Revised	2523
Code.	2524

(6) When consecutive prison terms are imposed pursuant to	2525
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	2526
of this section, the term to be served is the aggregate of all of	2527
the terms so imposed.	2528

(D)(1) If a court imposes a prison term for a felony of the	2529
first degree, for a felony of the second degree, for a felony sex	2530
offense, or for a felony of the third degree that is not a felony	2531
sex offense and in the commission of which the offender caused or	2532
threatened to cause physical harm to a person, it shall include in	2533
the sentence a requirement that the offender be subject to a	2534
period of post-release control after the offender's release from	2535
imprisonment, in accordance with that division. If a court imposes	2536
a sentence including a prison term of a type described in this	2537
division on or after July 11, 2006, the failure of a court to	2538
include a post-release control requirement in the sentence	2539
pursuant to this division does not negate, limit, or otherwise	2540
affect the mandatory period of post-release control that is	2541
required for the offender under division (B) of section 2967.28 of	2542
the Revised Code. Section 2929.191 of the Revised Code applies if,	2543
prior to July 11, 2006, a court imposed a sentence including a	2544
prison term of a type described in this division and failed to	2545
include in the sentence pursuant to this division a statement	2546
regarding post-release control.	2547

(2) If a court imposes a prison term for a felony of the	2548
third, fourth, or fifth degree that is not subject to division	2549
(D)(1) of this section, it shall include in the sentence a	2550
requirement that the offender be subject to a period of	2551
post-release control after the offender's release from	2552
imprisonment, in accordance with that division, if the parole	2553
board determines that a period of post-release control is	2554
necessary. Section 2929.191 of the Revised Code applies if, prior	2555
to July 11, 2006, a court imposed a sentence including a prison	2556
term of a type described in this division and failed to include in	2557
the sentence pursuant to this division a statement regarding	2558
post-release control.	2559

(E) The court shall impose sentence upon the offender in	2560
accordance with section 2971.03 of the Revised Code, and Chapter	2561
2971. of the Revised Code applies regarding the prison term or	2562
term of life imprisonment without parole imposed upon the offender	2563
and the service of that term of imprisonment if any of the	2564
following apply:	2565

(1) A person is convicted of or pleads guilty to a violent	2566
sex offense or a designated homicide, assault, or kidnapping	2567
offense, and, in relation to that offense, the offender is	2568
adjudicated a sexually violent predator.	2569

(2) A person is convicted of or pleads guilty to a violation	2570
of division (A)(1)(b) of section 2907.02 of the Revised Code	2571
committed on or after January 2, 2007, and either the court does	2572
not impose a sentence of life without parole when authorized	2573
pursuant to division (B) of section 2907.02 of the Revised Code,	2574
or division (B) of section 2907.02 of the Revised Code provides	2575
that the court shall not sentence the offender pursuant to section	2576
2971.03 of the Revised Code.	2577

(3) A person is convicted of or pleads guilty to attempted	2578
rape committed on or after January 2, 2007, and a specification of	2579
the type described in section 2941.1418, 2941.1419, or 2941.1420	2580
of the Revised Code.	2581

(4) A person is convicted of or pleads guilty to a violation	2582
of section 2905.01 of the Revised Code committed on or after	2583
January 1, 2008, and that section requires the court to sentence	2584
the offender pursuant to section 2971.03 of the Revised Code.	2585

(5) A person is convicted of or pleads guilty to aggravated	2586
murder committed on or after January 1, 2008, and division	2587
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2588
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2589
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	2590
2929.06 of the Revised Code requires the court to sentence the	2591
offender pursuant to division (B)(3) of section 2971.03 of the	2592
Revised Code.	2593

(6) A person is convicted of or pleads guilty to murder	2594
committed on or after January 1, 2008, and division (B)(2) of	2595
section 2929.02 of the Revised Code requires the court to sentence	2596
the offender pursuant to section 2971.03 of the Revised Code.	2597

(F) If a person who has been convicted of or pleaded guilty	2598
to a felony is sentenced to a prison term or term of imprisonment	2599
under this section, sections 2929.02 to 2929.06 of the Revised	2600
Code, section 2929.142 of the Revised Code, section 2971.03 of the	2601
Revised Code, or any other provision of law, section 5120.163 of	2602
the Revised Code applies regarding the person while the person is	2603
confined in a state correctional institution.	2604

(G) If an offender who is convicted of or pleads guilty to a	2605
felony that is an offense of violence also is convicted of or	2606
pleads guilty to a specification of the type described in section	2607
2941.142 of the Revised Code that charges the offender with having	2608
committed the felony while participating in a criminal gang, the	2609
court shall impose upon the offender an additional prison term of	2610
one, two, or three years.	2611

(H)(1) If an offender who is convicted of or pleads guilty to	2612
aggravated murder, murder, or a felony of the first, second, or	2613
third degree that is an offense of violence also is convicted of	2614
or pleads guilty to a specification of the type described in	2615
section 2941.143 of the Revised Code that charges the offender	2616
with having committed the offense in a school safety zone or	2617
towards a person in a school safety zone, the court shall impose	2618
upon the offender an additional prison term of two years. The	2619
offender shall serve the additional two years consecutively to and	2620
prior to the prison term imposed for the underlying offense.	2621

(2)(a) If an offender is convicted of or pleads guilty to a	2622
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2623
of the Revised Code and to a specification of the type described	2624
in section 2941.1421 of the Revised Code and if the court imposes	2625
a prison term on the offender for the felony violation, the court	2626
may impose upon the offender an additional prison term as follows:	2627

(i) Subject to division (H)(2)(a)(ii) of this section, an	2628
additional prison term of one, two, three, four, five, or six	2629
months;	2630

(ii) If the offender previously has been convicted of or	2631
pleaded guilty to one or more felony or misdemeanor violations of	2632
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2633
Revised Code and also was convicted of or pleaded guilty to a	2634
specification of the type described in section 2941.1421 of the	2635
Revised Code regarding one or more of those violations, an	2636
additional prison term of one, two, three, four, five, six, seven,	2637
eight, nine, ten, eleven, or twelve months.	2638

(b) In lieu of imposing an additional prison term under	2639
division (H)(2)(a) of this section, the court may directly impose	2640
on the offender a sanction that requires the offender to wear a	2641
real-time processing, continual tracking electronic monitoring	2642
device during the period of time specified by the court. The	2643
period of time specified by the court shall equal the duration of	2644
an additional prison term that the court could have imposed upon	2645
the offender under division (H)(2)(a) of this section. A sanction	2646
imposed under this division shall commence on the date specified	2647
by the court, provided that the sanction shall not commence until	2648
after the offender has served the prison term imposed for the	2649
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2650
of the Revised Code and any residential sanction imposed for the	2651
violation under section 2929.16 of the Revised Code. A sanction	2652
imposed under this division shall be considered to be a community	2653
control sanction for purposes of section 2929.15 of the Revised	2654
Code, and all provisions of the Revised Code that pertain to	2655
community control sanctions shall apply to a sanction imposed	2656
under this division, except to the extent that they would by their	2657
nature be clearly inapplicable. The offender shall pay all costs	2658
associated with a sanction imposed under this division, including	2659
the cost of the use of the monitoring device.	2660

(I) At the time of sentencing, the court may recommend the	2661
offender for placement in a program of shock incarceration under	2662
section 5120.031 of the Revised Code or for placement in an	2663
intensive program prison under section 5120.032 of the Revised	2664
Code, disapprove placement of the offender in a program of shock	2665
incarceration or an intensive program prison of that nature, or	2666
make no recommendation on placement of the offender. In no case	2667
shall the department of rehabilitation and correction place the	2668
offender in a program or prison of that nature unless the	2669
department determines as specified in section 5120.031 or 5120.032	2670
of the Revised Code, whichever is applicable, that the offender is	2671
eligible for the placement.	2672

If the court disapproves placement of the offender in a	2673
program or prison of that nature, the department of rehabilitation	2674
and correction shall not place the offender in any program of	2675
shock incarceration or intensive program prison.	2676

If the court recommends placement of the offender in a	2677
program of shock incarceration or in an intensive program prison,	2678
and if the offender is subsequently placed in the recommended	2679
program or prison, the department shall notify the court of the	2680
placement and shall include with the notice a brief description of	2681
the placement.	2682

If the court recommends placement of the offender in a	2683
program of shock incarceration or in an intensive program prison	2684
and the department does not subsequently place the offender in the	2685
recommended program or prison, the department shall send a notice	2686
to the court indicating why the offender was not placed in the	2687
recommended program or prison.	2688

If the court does not make a recommendation under this	2689
division with respect to an offender and if the department	2690
determines as specified in section 5120.031 or 5120.032 of the	2691
Revised Code, whichever is applicable, that the offender is	2692
eligible for placement in a program or prison of that nature, the	2693
department shall screen the offender and determine if there is an	2694
available program of shock incarceration or an intensive program	2695
prison for which the offender is suited. If there is an available	2696
program of shock incarceration or an intensive program prison for	2697
which the offender is suited, the department shall notify the	2698
court of the proposed placement of the offender as specified in	2699
section 5120.031 or 5120.032 of the Revised Code and shall include	2700
with the notice a brief description of the placement. The court	2701
shall have ten days from receipt of the notice to disapprove the	2702
placement.	2703

(J) If a person is convicted of or pleads guilty to	2704
aggravated vehicular homicide in violation of division (A)(1) of	2705
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2706
section applies, the person shall be sentenced pursuant to section	2707
2929.142 of the Revised Code.	2708

Sec. 2941.144.  (A) Imposition of a six-year mandatory prison	2709
term upon an offender under division (B)(1)(a) of section 2929.14	2710
of the Revised Code is precluded unless the indictment, count in	2711
the indictment, or information charging the offense specifies that	2712
the offender had a firearm that is an automatic firearm or that	2713
was equipped with a firearm muffler or silencersuppressor on or	2714
about the offender's person or under the offender's control while	2715
committing the offense. The specification shall be stated at the	2716
end of the body of the indictment, count, or information and shall	2717
be stated in substantially the following form:	2718

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	2719
Grand Jurors (or insert the person's or the prosecuting attorney's	2720
name when appropriate) further find and specify that (set forth	2721
that the offender had a firearm that is an automatic firearm or	2722
that was equipped with a firearm muffler or silencersuppressor on	2723
or about the offender's person or under the offender's control	2724
while committing the offense)."	2725

(B) Imposition of a six-year mandatory prison term upon an	2726
offender under division (B)(1)(a) of section 2929.14 of the	2727
Revised Code is precluded if a court imposes a three-year or	2728
one-year mandatory prison term on the offender under that division	2729
relative to the same felony.	2730

(C) The specification described in division (A) of this	2731
section may be used in a delinquent child proceeding in the manner	2732
and for the purpose described in section 2152.17 of the Revised	2733
Code.	2734

(D) As used in this section, "firearm" and "automatic	2735
firearm" have the same meanings as in section 2923.11 of the	2736
Revised Code.	2737

Section 2.  That existing sections 109.69, 109.731, 311.41,	2738
311.42, 2923.11, 2923.124, 2923.125, 2923.126, 2923.128,	2739
2923.1213, 2923.13, 2923.17, 2929.14, and 2941.144 and sections	2740
2923.1210 and 2923.22 of the Revised Code are hereby repealed.	2741