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Sub. H. B. No. 12As Reported by the House Criminal Justice Committee
As Reported by the House Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Aslanides, Cates, Hollister, J. Stewart, Faber, Seitz, Grendell, Willamowski, Blasdel, Book, Buehrer, Callender, Calvert, Carano, Carmichael, Cirelli, Clancy, Collier, Core, Daniels, DeWine, Distel, Domenick, C. Evans, D. Evans, Fessler, Flowers, Gibbs, Gilb, Hagan, Hoops, Husted, Kearns, Latta, Manning, Niehaus, Oelslager, T. Patton, Peterson, Raga, Raussen, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Setzer, Sferra, Taylor, Webster, White, Widener, Wolpert, Young
A BILL
To amend sections 1547.69, 2911.21, 2913.02, 2921.13, 2923.12,
2923.121, 2923.122,
2923.123, 2923.13,
2923.16, 2929.14, 2953.32, and
4749.10
and to
enact
sections 109.731, 311.41,
311.42,
2923.124,
2923.125,
2923.126, 2923.127,
2923.128,
2923.129,
2923.1210,
2923.1211, and
2923.1212 of
the Revised
Code to
authorize
county
sheriffs to
issue
licenses to
carry
concealed
handguns to
certain
persons, to
create the
offenses
of
falsification to obtain a
concealed
handgun
license,
falsification of a
concealed
handgun
license, and possessing a
revoked
or
suspended
concealed handgun license, to increase the
penalty for theft of a firearm and having weapons while under disability, and to
maintain
the
provisions of this act
on and after January 1,
2004,
by amending the
versions of sections 2923.122 and 2929.14 of
the Revised Code
that
take effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.69, 2911.21, 2913.02, 2921.13, 2923.12,
2923.121, 2923.122,
2923.123, 2923.13, 2923.16, 2929.14, 2953.32, and 4749.10 be
amended and
sections
109.731, 311.41,
311.42, 2923.124, 2923.125,
2923.126,
2923.127,
2923.128,
2923.129, 2923.1210, 2923.1211, and
2923.1212
of
the
Revised Code
be enacted to
read as follows:
Sec. 109.731. (A)
The Ohio peace officer training
commission
shall prescribe, and shall make available to sheriffs,
both of the
following: (1) An application form that is to be used under section
2923.125 of the Revised Code by
a person who applies for a license
to carry a concealed handgun or for the
renewal of a license of
that nature and that conforms substantially to the
form prescribed
in section 2923.1210 of the Revised Code; (2) A form for the license to carry a concealed handgun that
is to be
issued by sheriffs to persons who qualify for a license
to carry a concealed
handgun under section 2923.125
of the Revised
Code and that conforms to the following requirements: (a) It has space for the licensee's full name, residence
address,
and date of birth and for a color photograph of the
licensee. (b) It has space for the date of issuance of the license,
its
expiration date, its county of issuance, and the name of the
sheriff who
issues the
license. (c)
It has space for the signature of the licensee and the
signature
or a facsimile signature of the sheriff who issues the
license. (d) It does not require the licensee to include serial
numbers of
handguns, other identification related to handguns, or
similar data that is
not pertinent or
relevant to obtaining the
license and that could be used as a de facto means
of registration
of handguns owned by the licensee. (B) The Ohio peace officer training commission shall
prepare
a pamphlet that contains the text of the firearms laws of this
state
and shall make copies of the pamphlet available to sheriffs
for distribution
to
applicants under section 2923.125 of the
Revised Code for a license to carry a concealed
handgun and
applicants under that section for the
renewal of a license to
carry a concealed handgun. (C) The Ohio peace officer training commission shall
prescribe a fee to be paid by an applicant under section 2923.125
of the Revised Code for a
license to carry a
concealed handgun or for the renewal of a license of that nature in
an amount that does not exceed the lesser of forty-five dollars or the actual cost of issuing the license, including, but not limited to, the cost of conducting the criminal records check. The commission shall
specify the portion of the fee that will be
used to pay each
particular cost of the issuance of the license. The sheriff shall deposit
all fees paid by an applicant under section 2923.125 of the
Revised Code into the sheriff's concealed handgun license issuance expense fund established
pursuant to section 311.42 of the Revised Code. (D) The Ohio peace officer training commission shall
maintain statistics with respect to
the issuance, renewal,
suspension, revocation, and denial of licenses to carry
a
concealed handgun and the suspension of applications for those
licenses as
reported by the sheriffs pursuant to division (C) of
section 2923.129
of the Revised Code. Not later than the
first
day
of March in each year, the commission shall
submit a
statistical
report to the governor, the president of the senate,
and
the
speaker of the house of representatives indicating the
number of
those
licenses that were issued, renewed, suspended,
revoked, and
denied in the
previous calendar year and the number
of
applications for those licenses
for which processing was
suspended
in accordance with division (D)(3) of
section 2923.125
of the
Revised
Code in the previous calendar year. (E) The Ohio peace officer training commission shall oversee
compliance with the requirement for the destruction of records
required by division (B) of section 311.41 of the Revised Code.
The commission may adopt rules in accordance with Chapter 119. of
the Revised Code implementing procedures to be followed in
relation to the destruction of those records and to ensure that
the destruction requirements are followed. The commission may
hire employees to make appropriate investigations to ensure that
the destruction requirements are followed. County sheriffs shall
cooperate with any investigation under this division and shall
give the employees access to all places and records in the
sheriff's office related to criminal records checks conducted in
accordance with section 311.41 of the Revised Code.
(F)
As used in this section,
"handgun" has the same
meaning
as in
section 2923.11 of the Revised Code.
Sec. 311.41. (A)(1) Upon receipt of an application for a
license to carry a concealed handgun under division (C) of section
2923.125 of the Revised Code or an application to renew a license
to carry a concealed handgun under division (F) of that section,
the sheriff shall conduct a criminal records check of
the
applicant to determine whether the applicant fails to meet the
criteria described in division (D)(1) of section 2923.125 of the
Revised Code by using the law enforcement automated data system
to gain access to the criminal records in the bureau of criminal
identification
and investigation, the national crime information
center, and the interstate identification index. In conducting
the criminal records check under this division, the sheriff shall
use the applicant's name, social security number, and date of
birth that are stated in the application or the fingerprints of
not more than four fingers of the applicant if the applicant
allows the sheriff to obtain those fingerprints using an
electronic fingerprint reading device for the purpose of
conducting the criminal records check. (2) If a criminal records check conducted under division
(A)(1) of this section using the applicant's name, social security
number, and date of birth that are stated in the application
indicates that the applicant may fail to
meet any of the criteria
described in division (D)(1) of section
2923.125 of the Revised
Code and if the applicant wishes to
proceed with the application,
the sheriff shall conduct further
investigation to determine
whether the applicant meets all of the
criteria described in that
division.
If the applicant previously has
not done so, the applicant
shall allow the sheriff to obtain the
fingerprints of
not more
than four fingers of the applicant using
an electronic
fingerprint
reading device. The sheriff shall use those fingerprints of the
applicant to conduct an additional criminal records check of the
applicant in the manner provided in division (A)(1) of this
section. The sheriff shall not
retain the applicant's social security number or
fingerprints as part of the application. (3) Except as otherwise provided in this division, if at any
time the applicant decides not to continue with the application
process, the sheriff immediately shall cease any investigation
that is being conducted under division (A)(1) or (2) of this
section. The sheriff shall not cease that investigation if both
of the following apply:
(a) At the time of the applicant's decision not to continue
with the application process, the sheriff had determined from any
of the sheriff's investigations that the applicant then was
engaged in activity of a criminal nature.
(b) The sheriff would be subject to a possible criminal
charge under section 2921.44 of the Revised Code if the sheriff
were to cease the investigation.
(B) If a criminal records check conducted under
division
(A) of this section does not indicate that the applicant fails to
meet
the criteria
described in division (D)(1) of section 2923.125
of
the Revised
Code, the sheriff shall destroy or cause a
designated
employee to
destroy all records other than the
application for a
license to
carry a concealed handgun or the
application to renew a
license to
carry a concealed handgun that
were made in connection
with the
criminal
records check within
twenty days after
conducting the
criminal
records check. When
required by section
2923.127 of the
Revised
Code, the source the
sheriff used in
conducting the
criminal records check shall
destroy or the chief
operating
officer of the source shall cause
an employee of the
source
designated by the chief to
destroy all
records other than
the
application for a license to carry a
concealed handgun or the
application to renew a license to carry a
concealed handgun that
were made in connection with the criminal
records check within the
twenty-day period described in that
section.
(C) If division (B) of this section applies to a particular
criminal records check, no sheriff, employee of a sheriff
designated by the sheriff to destroy records under that division,
source the sheriff used in conducting the criminal records
check,
or employee of the source designated by the
chief operating
officer of the source to destroy records under that division shall
fail
to destroy or cause to be destroyed within the applicable
twenty-day period specified in that division all records other
than the application for a license to carry a concealed handgun or
the application to renew a license to carry a concealed handgun
made in
connection with the particular criminal records check.
(D) Whoever violates division (C) of this section is guilty
of failure to destroy records, a misdemeanor of the second degree.
(E) As used in this section, "handgun" has the same meaning
as in section 2923.11 of the Revised Code.
Sec. 311.42. (A) Each county shall establish in the county
treasury a sheriff's concealed handgun license issuance expense fund. The sheriff of that
county shall deposit into that fund all fees paid by applicants
for the issuance or renewal of a license or duplicate license to
carry a concealed handgun under section 2923.125 of the Revised
Code. The county shall distribute the fees deposited into the
fund in accordance with the specifications prescribed by the Ohio
peace officer training commission under division (C) of section
109.731 of the Revised Code. (B) The sheriff, with the approval of the board of county
commissioners, may expend any county portion of the fees deposited
into the sheriff's concealed handgun license issuance expense fund for any costs incurred by
the sheriff in connection with performing any administrative
functions related to the issuance of concealed handgun licenses, including, but not
limited to, personnel expenses and the costs of any handgun safety
education program that the sheriff chooses to fund.
Sec. 1547.69. (A) As used in this section: (1)
"Firearm"
has
and
"handgun" have the same
meaning
meanings as in section 2923.11
of the Revised Code. (2)
"Unloaded" has the same meaning as in section 2923.16
of
the Revised Code. (B) No person shall knowingly discharge a firearm while in
or on a vessel. (C) No person shall knowingly transport or have a loaded
firearm in a vessel in
such a manner that the firearm is
accessible to the operator or any passenger. (D) No person shall knowingly transport or have a firearm
in
a vessel unless it is unloaded and is carried in one of the
following ways: (1) In a closed package, box, or case; (2) In plain sight with the action opened or the weapon
stripped, or, if the firearm is of a type on which the action
will
not stay open or that cannot easily be stripped, in
plain
sight. (E)(1) The affirmative defenses
contained
authorized in
divisions
(C)(1)
and, (2), and (5) of section 2923.12 of the
Revised Code are affirmative
defenses to a charge under division
(C) or (D) of this section.
(2) It is an affirmative defense to a charge under division
(B) of this section that the offender discharged the firearm in
self-defense. (3)(a) The fact that a person who is prosecuted for a
violation of division (C) or (D) of this section is found to have
possessed a firearm under an affirmative defense authorized in
division (E)(1) of this section shall not be used in a subsequent
prosecution of the person for a violation of this section or
section 2923.12, 2923.121, 2923.122, 2923.123, or 2923.16 of the
Revised Code.
(b) No person who is charged with a violation of division
(C) or (D) of this section shall be required to obtain a license
to carry a concealed handgun under section 2923.125 of the Revised
Code as a condition for the dismissal of the charge. (F) Divisions (B), (C), and (D) of this section do not
apply
to the possession or discharge of a United States coast
guard
approved signaling device required to be carried aboard a
vessel
under section 1547.251 of the Revised Code when the
signaling
device is possessed or used for the purpose of giving a
visual
distress signal. No person shall knowingly transport or
possess
any
such signaling device
of that nature in or on a vessel in a
loaded
condition at any time other than immediately prior to the
discharge of the signaling device for the purpose of giving a
visual distress signal. (G) No person shall operate or permit to be operated any
vessel on the
waters in this state in violation of this section. (H) This section does not apply to officers, agents, or
employees of this or any other state or of the United States, or
to law enforcement officers, when authorized to carry or have
loaded or accessible firearms in a vessel and acting within the
scope of their duties,
nor
and this section does not apply to
persons legally engaged in hunting.
Divisions (C) and
(D) of this
section do not
apply to a person who transports or possesses a
handgun in a
vessel and who, at the time of that transportation or
possession, is carrying a valid license to carry a concealed
handgun issued to the person under section 2923.125 of the
Revised
Code, unless
the person
knowingly is in a place on the vessel
described in
division
(B) of section 2923.126 of the
Revised
Code.
Sec. 2911.21. (A) No person, without privilege to do so,
shall do any of the following: (1) Knowingly enter or remain on the land or premises of
another; (2) Knowingly enter or remain on the land or premises of
another, the use of which is lawfully restricted to certain
persons, purposes, modes, or hours, when the offender knows he the
offender is in violation of any such restriction or is reckless in that
regard; (3) Recklessly enter or remain on the land or premises of
another, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in
a manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by
fencing or other enclosure manifestly designed to restrict
access; (4) Being on the land or premises of another, negligently
fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner
or occupant, or the agent or servant of either. (B) It is no defense to a charge under this section that
the land or premises involved was owned, controlled, or in
custody of a public agency. (C) It is no defense to a charge under this section that
the offender was authorized to enter or remain on the land or
premises involved, when such authorization was secured by
deception. (D) Whoever violates this section is guilty of criminal
trespass, a misdemeanor of the fourth degree. (E) As used in this section, "land or premises" includes
any land, building, structure, or place belonging to, controlled
by, or in custody of another, and any separate enclosure or room,
or portion thereof.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways: (1) Without the consent of the owner or person authorized
to
give consent; (2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent; (B)(1) Whoever violates this section is guilty of theft. (2) Except as otherwise
provided in this division or
division (B)(3), (4), (5), or (6) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five hundred
dollars or more and is less than
five thousand dollars or if the
property stolen is any of the
property listed in section 2913.71
of the Revised Code, a
violation of this section is theft, a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property or
services stolen is one hundred thousand dollars or
more, a
violation of this section is aggravated theft, a felony of
the
third degree. (3) Except as otherwise provided in division (B)(4),
(5), or
(6)
of this section, if the victim of the offense is an elderly
person or
disabled adult, a violation
of this section is theft
from an elderly person or disabled adult, and
division (B)(3) of
this section applies. Except as
otherwise provided in this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more,
theft from an elderly person or disabled adult is
a felony of the
second degree. (4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft, a felony of
the
fourth
third degree, and there is a presumption in favor of
the court imposing a prison term for the offense. The offender
shall serve the prison term consecutively to any other prison term
or mandatory prison term previously or subsequently imposed upon
the offender. (5) If the property stolen is a motor vehicle,
a violation
of this section
is grand theft of a motor vehicle, a felony of the
fourth degree. (6) If the property stolen is any dangerous drug, a
violation of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug abuse offense, a felony of the third degree.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies: (1) The statement is made in any official proceeding. (2) The statement is made with purpose to incriminate
another. (3) The statement is made with purpose to mislead a public
official in performing the public official's official function. (4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability
assistance;
retirement benefits;
economic development assistance,
as defined
in section 9.66 of the Revised
Code; or other benefits
administered by a governmental agency
or paid
out
of a public
treasury. (5) The statement is made with purpose to secure the
issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider
agreement. (6) The statement is sworn or affirmed before a notary
public or another person empowered to administer oaths. (7) The statement is in writing on or in connection with a
report or return that is required or authorized by law. (8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment. (9) The statement is made with purpose to commit or
facilitate the commission of a theft offense. (10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report. (11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law. (12) The statement is made in connection with the
purchase
of a firearm, as defined in
section 2923.11 of the Revised Code,
and in conjunction
with the furnishing to the seller of the
firearm of a fictitious or altered
driver's or commercial driver's
license or permit, a fictitious or altered
identification card, or
any other document that contains false information
about the
purchaser's identity. (13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record. (14) The statement is made in an application filed with
a
county sheriff pursuant to section 2923.125 of the
Revised Code in
order to obtain or renew a license
to carry a concealed handgun. (B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity. (C)
No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious
or altered
document that purports to be certification of the person's
competence
in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code. (D) It is no defense to a charge under division (A)(4)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner. (D)(E) If contradictory statements relating to the same
fact
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(E)(F)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), or (13)
of this section is guilty
of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand
dollars, falsification in a theft offense is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree. (3) Whoever violates division (A)(12)
or (B) of this
section is guilty of falsification to purchase a firearm, a
felony
of the fifth degree. (F)(4) Whoever violates division (A)(14) or
(C) of this
section is guilty of falsification to obtain
a concealed handgun
license, a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2923.12. (A) No person shall knowingly carry or
have,
concealed on
his or her
the person's person or concealed
ready at
hand, any
of the following: (1) A deadly weapon
or
other than a handgun; (2) A handgun other than a dangerous ordnance; (3) A dangerous ordnance. (B)(1) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry concealed weapons
or
dangerous ordnance, and acting within the scope of their
duties. (2) Division (A)(2) of this
section does not apply to any of
the
following: (a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, who is
authorized to carry a handgun, or a corrections officer who has successfully completed a basic firearms training program approved by the Ohio peace officer training commission and who is authorized to carry a handgun;
(b) A
person who, at
the time of the
alleged carrying or
possession of a handgun, is
carrying a valid
license to carry a
concealed handgun issued to
the person under
section
2923.125 of
the Revised
Code, unless the
person
knowingly
is in a place
described in division
(B) of
section 2923.126 of the
Revised
Code;
(c) A person who carries or
has a handgun in a motor vehicle
if, at the time of the act, all
of the following apply:
(i) The person did not place the handgun in the motor
vehicle.
(ii) The person does not carry or have the handgun on the
person's person.
(iii) The handgun is owned by a licensee for whom a valid
license to carry a concealed handgun has been issued under section
2923.125 of the Revised Code. (C) It is an affirmative defense to a charge under this
section of carrying or having control of a weapon other than a
dangerous ordnance, that the actor was not otherwise prohibited
by
law from having the weapon, and that any of the following
apply
applies: (1) The weapon was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
or
was going to or from the actor's lawful business or
occupation,
which business or occupation was of
such
a character or was
necessarily
carried on in
such
a manner or at
such a time or place
as
to render
the actor particularly susceptible to criminal
attack, such as
would justify a prudent person in going armed. (2) The weapon was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
a
lawful
activity and had reasonable cause to fear a criminal attack
upon
the actor
or, a member of the actor's
family, or
upon the
actor's home, such as
would justify a prudent person in going
armed. (3) The weapon was carried or kept ready at hand by the
actor for any lawful purpose and while in the actor's own
home. (4) The weapon was being transported in a motor vehicle
for
any lawful purpose,
and was not on the actor's person, and,
if the
weapon was a firearm, was carried in compliance with the
applicable requirements of division (C) of section 2923.16 of the
Revised Code. (5)
The actor, at the time of the alleged carrying or
possession of a handgun other than a dangerous ordnance, would have met all of the
requirements
for a license
to carry a concealed
handgun under division
(D)(1)
of section
2923.125 of the
Revised Code if the actor had submitted
an application for a license to carry a concealed handgun at the
time the actor carried a concealed handgun. An affirmative
defense under this
division does not apply to a person who
knowingly was in a place
described in division (B) of section
2923.126 of the
Revised Code
at the time of the alleged carrying
or possession of a concealed
handgun. (D)(1) The fact that a person who is prosecuted for a
violation of this section is found to have carried or possessed a
concealed weapon under an affirmative defense authorized in
division (C)(1), (2), or (5) of this section shall not be used
in
a subsequent prosecution of the person for a violation of this
section or section 1547.69, 2923.121, 2923.122, 2923.123, or
2923.16 of the Revised Code. (2) No person who is charged with a violation of this
section shall be required to obtain a license to carry a concealed
handgun under section 2923.125 of the Revised Code as a condition
for the dismissal of the charge. (E)(1) Whoever violates this
section is guilty of carrying
concealed weapons, a misdemeanor of the first degree. If the
offender previously has been convicted of a violation of this
section or of any offense of violence, if the weapon involved is a
firearm
that is
either loaded or for which the offender has
ammunition ready at
hand, or if the weapon involved is dangerous
ordnance,
carrying concealed weapons is a felony of the
fourth
degree. If the weapon involved is a firearm and the violation
of
this
section is committed at premises for which a D permit
has
been issued
under Chapter 4303. of the Revised
Code or if
the
offense is committed aboard an aircraft, or with purpose to
carry
a concealed weapon aboard an aircraft, regardless of the
weapon
involved.
Except as otherwise provided in division
(E)(2), (3),
or
(4) of this section, carrying concealed weapons
is a
felony
misdemeanor of the
third
first degree.
(2) Except as otherwise provided in division (E)(3) or (4) of this section, carrying concealed weapons is a misdemeanor of the third
degree if
all of the following apply: (a) The weapon involved is a handgun. (b) At the time of the commission of the offense, the
offender would have
met the requirements for a license
to carry a
concealed
handgun under divisions (D)(1)(b) to (k)
of
section
2923.125
of the Revised Code if the offender had submitted an
application for a license to carry a concealed handgun at the time
the offender carried a concealed handgun but would not have met
the
requirement for a license
to carry a concealed
handgun
under
division (D)(1)(a) or (l) of section
2923.125 of the
Revised Code. (c) At the time of the commission of the offense, the person
was
not knowingly in a place described in division (B) of section
2923.126 of the Revised Code. (3) Except as otherwise provided in division (E)(4) of this section, carrying concealed weapons is a felony of the fourth
degree
if any of the following apply: (a) The offender previously has been convicted of any
offense
of violence. (b) The weapon involved is a firearm, other than a
handgun,
that is either loaded or for which the offender has
ammunition
ready at hand. (c) The weapon involved is dangerous ordnance. (4) Carrying concealed weapons is a felony of the third
degree
if any of the following apply: (a) The weapon involved is a handgun, and, at the time of
the
commission of the offense, the offender
would not have met one
or
more of the requirements to be eligible for a license to
carry
a
concealed handgun under divisions (D)(1)(b)
to (k) of section
2923.125 of the Revised
Code if the offender had submitted an
application for a license to carry a concealed handgun at the time
the offender carried a concealed handgun and did not meet the
requirement to
be eligible for a license to
carry a concealed
handgun under
division (D)(1)(a) or (l) of
section 2923.125 of the
Revised Code. (b) The weapon involved is a handgun, and the offender
either
used the handgun in the commission of an offense of
violence or knowingly
carried the handgun for the purpose of
committing an offense of violence. (c) The weapon involved is a firearm, and the violation
is
committed at premises for which a D permit has been
issued under
Chapter 4303. of the Revised
Code.
(d)(i) The offense is committed aboard an aircraft or with
purpose to carry a concealed weapon aboard an aircraft
regardless
of the weapon involved. (ii) Division (E)(4)(d)(i) of this section does not apply if
federal law does not prohibit possessing or carrying the involved
weapon aboard the aircraft involved and if either the offender
owns the aircraft or the offender does not own the aircraft but
has received consent to carry a concealed weapon on the aircraft
by the owner of the aircraft or by the person authorized to give
consent.
Sec. 2923.121. (A) No person shall possess a firearm in
any
room in which liquor is being dispensed in premises for which
a D
permit has been issued under Chapter 4303. of the Revised
Code or in an open air arena for which a permit of that nature has been issued. (B)(1) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry firearms, and
acting
within the scope of their duties
or to a corrections officer who
has successfully completed a basic firearms training program
approved by the Ohio peace officer training commission and who is
authorized to carry a firearm, unless the officer, agent,
employee, law enforcement officer, or corrections officer is
in
violation of section 2923.15 of the Revised Code. (2) This section does not apply to any room used for the
accommodation of guests of a hotel, as defined in section 4301.01
of the Revised Code. (3) This section does not prohibit any person who is a
member of a veteran's organization, as defined in section 2915.01
of the Revised Code, from possessing a rifle in any room in any
premises owned, leased, or otherwise under the control of the
veteran's organization, if the rifle is not loaded with live
ammunition and if the person otherwise is not prohibited by law
from having the rifle. (4) This section does not apply to any person possessing
or
displaying firearms in any room used to exhibit unloaded
firearms
for sale or trade in a soldiers' memorial established
pursuant to
Chapter 345. of the Revised Code, in a convention
center, or in
any other public meeting place, if the person is an
exhibitor,
trader, purchaser, or seller of firearms and is not
otherwise
prohibited by law from possessing, trading, purchasing,
or selling
the firearms.
(5) This section does not apply to the holder of the D
permit issued under Chapter 4303. of the Revised Code if the
holder is carrying a valid license to carry a concealed handgun
issued to the holder under section 2923.125 of the Revised Code.
This section also does not apply to an employee of the holder of
the D permit who is authorized by the holder of the D permit to
carry a handgun in the room or open air arena in which liquor is being dispensed and
who is carrying a valid license to carry a concealed handgun
issued to the employee under section 2923.125 of the Revised Code. (C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in liquor permit
premises, that the actor was not otherwise prohibited by law from
having the firearm, and that any of the following apply: (1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
or
was going to or from the actor's lawful business or
occupation,
which business or occupation was of such character or was
necessarily
carried on in such manner or at such a time or place
as to render
the actor particularly susceptible to criminal
attack, such as
would justify a prudent person in going armed. (2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
a
lawful activity, and had reasonable cause to fear a criminal
attack upon
the actor or a member of the actor's
family, or upon
the actor's home, such as
would justify a prudent person in going
armed.
(D)(1) The fact that a person who is prosecuted for a
violation of this section is found to have possessed a firearm
under an affirmative defense authorized in division (C)(1), (2),
or (3) of this section shall not be used in a subsequent
prosecution of the person for a violation of this section or
section 1547.69, 2923.12, 2923.122, 2923.123, or 2923.16 of the
Revised Code.
(2) No person who is charged with a violation of this
section shall be required to obtain a license to carry a concealed
handgun under section 2923.125 of the Revised Code as a condition
for the dismissal of the charge. (E) Whoever violates this section is guilty of illegal
possession of a firearm in liquor permit premises, a felony of the
fifth
degree.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance
into a school
safety zone. (B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone. (C) No person shall knowingly possess an object
in a school safety zone if both of the following apply: (1) The object is indistinguishable from a firearm, whether or not the
object is capable of being fired. (2) The person indicates
that the person possesses the object and that it is a firearm, or the person
knowingly displays or brandishes the object and indicates that it is a
firearm. (D) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry deadly weapons or
dangerous ordnance and acting within the scope of their duties,
to any security officer employed by a board of education or
governing body of a school during the time that the security
officer is on duty pursuant to that contract of employment, or to
any other person who has written authorization from the board of
education or governing body of a school to convey deadly weapons
or dangerous ordnance into a school
safety zone or to
possess a deadly weapon or dangerous ordnance in a
school
safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance in accordance
with that authorization. Division (C) of this section does not apply to
premises upon which home schooling is conducted. Division (C) of
this section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a firearm for
legitimate school purposes during the course of employment, a student who uses
an object that is indistinguishable from a firearm under the direction of a
school administrator, teacher, or employee, or any other person who with the
express prior approval of a school administrator possesses
an object that is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play, reenactment,
or other dramatic presentation, or a ROTC activity or another similar
use of the object.
This section does not apply to a person who, at the time of conveying or attempting to convey a handgun into, or possessing a handgun in, a school safety zone, is carrying a valid license to carry a concealed handgun issued to the person under section 2923.125 of the Revised Code and is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B), unless the person knowingly is in a place described in division (B) of section 2923.126 of the Revised Code. (E)(1) Whoever violates division (A)
or (B) of this section is guilty of illegal
conveyance or possession of a deadly weapon or
dangerous ordnance
in a school safety zone.
Except as otherwise provided in this division, illegal conveyance or
possession of a deadly weapon or dangerous
ordnance in a school
safety zone is a felony of the fifth degree. If the
offender
previously has been convicted of a violation of this section,
illegal conveyance or possession of a deadly
weapon or dangerous
ordnance in a school safety zone is a
felony of the fourth degree. (2) Whoever violates division (C) of this section is
guilty of illegal possession of an object indistinguishable from a firearm
in a
school
safety zone. Except as otherwise provided in this
division, illegal possession
of an object indistinguishable from a firearm in a school
safety zone is a misdemeanor of the first degree. If
the offender previously has
been convicted of a violation of this section, illegal possession of an object
indistinguishable from a firearm in a school
safety zone is a felony of the fifth
degree. (F)(1) In addition to any other penalty imposed upon a
person who
is convicted of or pleads guilty to a violation
of
this section and subject to division (F)(2) of this
section, if the
offender has not attained nineteen years of age, regardless of whether the
offender is attending or is enrolled in a school operated by a board of
education or for which the state board of education prescribes minimum
standards under section 3301.07 of the Revised Code, the
court shall impose upon the offender whichever of the following penalties
applies: (a) If the offender has been issued a probationary driver's
license, restricted license, driver's license, or probationary commercial
driver's license that then is in effect, the court
shall suspend for a period of
not less than twelve months and not more than thirty-six months that license
of the offender. (b) If the offender has been issued a temporary instruction
permit that then is in effect, the court
shall revoke it and deny the offender the issuance of
another temporary instruction permit, and the period of denial shall be for
not less than twelve months and not more than thirty-six months. (c) If the offender has
been issued a commercial driver's license temporary instruction permit that
then is in effect, the
court shall suspend the offender's driver's license, revoke the commercial
driver's license temporary instruction permit, and deny the offender the
issuance of
another commercial driver's license temporary instruction permit, and the
period of suspension plus the period of denial shall total not less than
twelve months and not more than thirty-six months. (d) If, on the date the court imposes sentence upon the offender
for a
violation of this section,
the offender has not
been issued any type of license that then is in effect to operate a motor
vehicle in this state or a
temporary instruction permit that then is in effect, the court shall deny
the offender the issuance of a temporary instruction permit for a
period of not less than twelve months and not more than thirty-six months. (e) If the offender is not a resident of this state, the court
shall suspend for a period of not less than twelve months and not more than
thirty-six months the nonresident operating privilege of the offender. (2) If the offender shows good cause why the court should not suspend or
revoke one of the types of licenses, permits, or privileges specified
in
division
(F)(1) of this section or deny the issuance of one of the
temporary
instruction permits specified in that division, the court in its discretion
may choose not to impose the suspension, revocation, or denial required in
that division. (G) As used in this section, "object that is indistinguishable
from a firearm" means an object
made, constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a firearm.
Sec. 2923.123. (A) No
person shall knowingly convey or
attempt to convey a deadly
weapon or dangerous ordnance into a
courthouse or into another building
or structure in which a
courtroom is located. (B) No person shall
knowingly possess or have under the
person's control a deadly
weapon or dangerous ordnance in a
courthouse or in another building
or structure in which a
courtroom is located. (C) This section does
not apply to any of the following: (1) A judge of a court of record of this state or a
magistrate, unless a rule of superintendence or another type of
rule adopted by the supreme court pursuant to
Article
IV,
Ohio
Constitution, or an applicable
local rule of court prohibits all
persons from conveying or
attempting to convey a deadly weapon or
dangerous ordnance into
a courthouse or into another building or
structure in which a courtroom
is located or from possessing or
having under one's control a
deadly weapon or dangerous ordnance
in a courthouse or in another
building or structure in which a
courtroom is located; (2) A peace officer, or an officer of a law enforcement
agency of another state, a political subdivision of another
state,
or the United
States, who is authorized to
carry a deadly weapon
or dangerous ordnance, who possesses or
has under that
individual's control a deadly weapon or dangerous
ordnance as a
requirement of that individual's duties, and who
is acting within
the scope of that individual's duties at the
time of that
possession or control, unless a rule of
superintendence or another
type of rule adopted by the supreme
court pursuant to Article
IV,
Ohio
Constitution, or an applicable
local rule of court prohibits
all persons from conveying or
attempting to convey a deadly weapon
or dangerous ordnance into
a courthouse or into another building
or structure in which a courtroom
is located or from possessing or
having under one's control a
deadly weapon or dangerous ordnance
in a courthouse or in another
building or structure in which a
courtroom is located; (3) A person who conveys, attempts to convey, possesses,
or
has under the person's control a deadly weapon or dangerous
ordnance that is to be used as evidence in a pending criminal or
civil action or proceeding; (4) A bailiff or deputy bailiff of a court of record of
this
state who is authorized to carry a firearm pursuant to
section
109.77 of the Revised
Code, who possesses or has
under that
individual's control a firearm as a requirement of
that
individual's duties, and who is acting within the scope of
that
individual's duties at the time of that possession or
control,
unless a rule of superintendence or another type of
rule adopted
by the supreme court pursuant to
Article
IV,
Ohio
Constitution, or
an applicable
local rule of court prohibits all persons from
conveying or
attempting to convey a deadly weapon or dangerous
ordnance into
a courthouse or into another building or structure
in which a courtroom
is located or from possessing or having under
one's control a
deadly weapon or dangerous ordnance in a
courthouse or in another
building or structure in which a
courtroom is located; (5) A prosecutor, or a secret service officer appointed
by a
county prosecuting attorney, who is authorized to carry a
deadly
weapon or dangerous ordnance in the performance of the
individual's
duties, who possesses or has under that individual's
control a deadly weapon
or dangerous ordnance
as a requirement of
that individual's duties, and who is acting
within the scope of
that individual's duties at the time of that
possession or
control, unless a rule of superintendence or
another type of rule
adopted by the supreme court pursuant to
Article IV of the Ohio
Constitution or an
applicable local rule of court prohibits all
persons from conveying or
attempting to convey a deadly weapon or
dangerous ordnance into
a courthouse or into another building or
structure in which a
courtroom is located or from possessing or
having under one's
control a deadly weapon or dangerous ordnance
in a courthouse or
in another building or structure in which a
courtroom is
located; (6) A person who conveys or attempts to convey
a handgun
into a courthouse or into another building or
structure in which a
courtroom is located, who, at the time of
the conveyance or
attempt, is carrying a valid license to carry a concealed
handgun
issued to the person under section 2923.125 of the Revised
Code,
and who
transfers possession of the handgun to the
officer or
officer's
designee who has charge of the courthouse
or building.
The
officer shall secure the handgun until the
licensee is
prepared to
leave the premises. The exemption described in this
division does
not apply if a rule of superintendence or another
type of rule
adopted by the supreme court pursuant to Article IV,
Ohio
Constitution, or if an applicable local rule of court
prohibits
all
persons from conveying or attempting to convey a
deadly weapon
or dangerous ordnance into a courthouse or into
another building
or structure in which a courtroom is located or
from possessing
or
having under one's control a deadly weapon or
dangerous
ordnance
in a courthouse or in another building or
structure in
which a
courtroom is located. (D)(1) Whoever violates division (A) of this section is
guilty of illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse. Except as otherwise provided in this
division,
illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse
is a felony of the fifth degree. If
the offender previously has been
convicted of a violation of
division (A) or (B) of this
section, illegal conveyance of a
deadly weapon or dangerous ordnance into a
courthouse is a felony
of the fourth degree.
(2) Whoever violates division (B)
of this section is guilty
of illegal possession or control of a
deadly weapon or dangerous
ordnance in a courthouse. Except as otherwise
provided in this
division, illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse is a felony of the fifth
degree. If the
offender previously has been convicted of a
violation of division (A)
or (B) of this section, illegal
possession or control of a deadly
weapon or dangerous ordnance in
a courthouse is a felony of the fourth
degree. (E) As used in this
section: (1)
"Magistrate" means an individual who is appointed
by a
court of record of this state and who has the powers and
may
perform the functions specified in
Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40. (2)
"Peace officer" and
"prosecutor" have the same
meanings
as in section 2935.01 of the Revised Code.
Sec. 2923.124. As used in sections 2923.124 to 2923.1212
of
the Revised Code:
(A)
"Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B)
"Competency certification" and
"competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C)
"Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(D)
"Licensee" means a person to whom a license to carry a
concealed handgun has been issued under section 2923.125 of the
Revised Code.
(E)
"License fee" or
"license renewal fee" means the fee for
a
license to carry a concealed handgun or the fee to renew that
license that is prescribed pursuant to division (C) of section
109.731 of the Revised Code and that is to be paid by an applicant
for a license of that type.
(F)
"Peace officer" has the same meaning as in section
2935.01 of the Revised Code. (G)
"State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H)
"Valid license" means a license to carry a concealed
handgun that has been issued under section 2923.125 of the Revised
Code, that is currently valid, that is not under a suspension
under division (A)(1) of section 2923.128 of the Revised Code, and
that has not been revoked under division (B)(1) of section
2923.128 of the Revised Code.
Sec. 2923.125.
(A) Upon the request of a person who wishes
to obtain a license to carry a concealed handgun or to renew a
license to carry a concealed handgun, a sheriff shall provide to
the person free of charge an application form and a copy of the
pamphlet described in division (B) of section 109.731 of the
Revised Code.
(B) An applicant for a license to carry a concealed
handgun
shall submit a completed application form and all of the
following
to the sheriff of the county in which the applicant
resides or to
the sheriff of any county adjacent to the county in which the
applicant resides: (1) A nonrefundable license fee prescribed by the Ohio peace
officer training commission pursuant to division (C) of section
109.731 of the Revised Code, except that the sheriff
shall waive
the payment of the license fee
in connection with an
initial or
renewal application for a license that is
submitted by
an
applicant who is a retired peace officer, a
retired person
described in division (B)(1)(b) of section 109.77
of
the Revised
Code, a retired federal law enforcement officer
who, prior to
retirement, was authorized under federal law to
carry a firearm in
the course of duty, or a retired corrections officer who, prior to
retirement, had successfully completed a basic firearms training
program approved by the Ohio peace officer training commission and
who was authorized to carry a firearm in the course of duty,
unless the retired peace officer, person, federal law enforcement
officer, or corrections officer retired as the result of a mental
disability; (2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application; (3) Unless the applicant is a retired peace officer,
federal
law enforcement officer, or corrections officer described
in
division (B)(1) of this section or a retired person described in
division (B)(1)(b) of section 109.77 of the Revised Code and
division (B)(1) of this section, one or more of the following
competency
certifications, each of which shall reflect that within
the three
years immediately preceding the application the
applicant has
performed that to which the competency certification
relates:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that was offered by or
under the auspices of the
national rifle association and that
complies with the requirements
set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that was open to
members of the general public, that
utilized qualified instructors
who were certified by the national
rifle association, the
executive director of the Ohio peace
officer training commission
pursuant to section 109.75 or 109.78
of the Revised Code, or a
governmental official or entity of
another state, that was offered
by or under the auspices of a
law
enforcement agency of this or
another state or the United
States,
a public or private college,
university, or other similar
postsecondary educational
institution
located in this or another
state, a firearms training
school
located in this or another
state, or another type of public
or
private entity or organization
located in this or another
state,
and that complies with the
requirements set forth in
division (G)
of this section;
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director
of the Ohio peace officer training commission pursuant to
section
109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily
completed and been issued a
certificate of completion of a basic
firearms training program, a
firearms requalification training
program, or another basic
training program described in section
109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of
the armed forces of the United States or was honorably discharged
from military service in the active or reserve armed forces of the
United States;
(ii) That, through participation in the military service described in division
(B)(3)(d)(i) of this
section, the applicant acquired experience
with handling handguns
or other firearms, and the experience so
acquired was equivalent
to training that the applicant could have
acquired in a course,
class, or program described in division
(B)(3)(a), (b), or (c) of
this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise
described in division (B)(3)(a),
(b), (c), or (d) of this section,
that was conducted by an
instructor who was certified by an
official or entity of the
government of this or another state or
the United States or by the
national rifle association, and that
complies with the
requirements set forth in division (G) of this
section;
(f) An affidavit that attests to the applicant's
satisfactory completion of a course, class, or program described
in division (B)(3)(a), (b), (c), or (e) of this section and that
is subscribed by the applicant's instructor or an authorized
representative of the entity that offered the course, class, or
program or under whose auspices the course, class, or program was
offered; (g) A valid license to carry a handgun in this state or in a
county or municipal corporation of this state, other than a
license issued under this section, that was or is issued prior to,
on, or after the effective date of this section and has not been
revoked for cause. (4) If applicable, a certification of the type or a copy of
the court order described in
division (D)(6) of this section.
(C) Upon receipt of an applicant's completed application
form, supporting documentation, and, if not waived, license fee, a
sheriff shall conduct or cause to be
conducted the criminal
records check described in section 311.41 of the
Revised Code.
(D)(1) Except as provided in division (D)(3), (4), or (5) of
this
section, within forty-five days after receipt of an
applicant's
completed application form for a license to carry a
concealed
handgun, the supporting documentation, and, if not
waived, license
fee, a sheriff shall issue to the applicant a
license to carry a
concealed handgun that shall expire four years
after the date of issuance if all of the
following apply:
(a) The applicant has been a resident of this state for at
least forty-five days and a resident of the county in which the
person
seeks the license or a county adjacent to the county in
which the person seeks the license for at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice. (d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code. (e) The applicant has not been convicted of, pleaded guilty
to, or been adjudicated a delinquent child for an act that if
committed by an adult would be a felony; an offense under Chapter
2925., 3719., or 4729. of the Revised Code that involves the
illegal possession, use, sale, administration, or distribution of
or trafficking in a drug of abuse; or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, regardless of whether the applicant was sentenced
under division (C)(3) of that section. (f) The applicant, within three years of the date of the
application, has not been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for an act that if committed by an
adult would be a misdemeanor offense of violence other than a
misdemeanor violation of section 2921.33 of the Revised Code or a
violation of section 2903.13 of the Revised Code when the victim
of the violation is a peace officer, or a misdemeanor violation of
section 2923.1211 of the Revised Code. (g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code. (h) The applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for violating section 2921.33 of
the Revised Code.
(i) Subject to division (D)(6) of this section, the applicant
is not currently under an adjudication of mental incompetence and
has not been involuntarily hospitalized or institutionalized pursuant to a court
order. (j) The applicant is not currently subject to a temporary or
permanent protection order issued pursuant to section 2919.26 or
3113.31 of the Revised Code. (k)
The applicant certifies that the applicant desires a
legal means to carry a concealed
handgun for defense of the
applicant or a member of the
applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section unless that
competency certification is not required. (2) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant and,
if applicable, shall comply with division (D)(4) of this section.
(3) If the sheriff with whom an application for a license to
carry a concealed handgun was filed becomes aware that the
applicant has been arrested for or otherwise charged with an
offense that would disqualify the applicant from holding the
license, the sheriff shall suspend the processing of the
application until the disposition of the case arising from the
arrest or charge.
(4)(a) If a sheriff determines that an applicant for a
license under this section does not meet the criteria described in
division (D)(1) of this section for reasons other than the
criminal records check conducted under section 311.41 of
the
Revised Code, the sheriff shall file a petition in the court
of
common pleas of the sheriff's county that requests the court to
review the applicant's application and supporting documentation
and other relevant information that the sheriff submits and that
was acquired in connection with the application and that requests
the court to authorize the sheriff to deny the requested license.
The sheriff shall serve the applicant with a copy of the petition
in the manner prescribed in the Rules of Civil Procedure for the
service of process regarding complaints. Upon the request of
either the sheriff or the applicant, the court shall promptly hold
a
hearing on the petition prior to making a determination under
division (D)(4)(b) of this section.
(b) If the court determines that the sheriff who filed a
petition under division (D)(4)(a) of this section established by
clear and convincing evidence that the applicant does not satisfy
the requirements described in division (D)(1) of this section for
reasons other than the criminal records check,
the court shall
authorize the sheriff to deny the requested
license. If the court
determines that the sheriff has not
sustained that burden of
proof, it shall order the sheriff to
issue the requested license
and to pay any reasonable attorney's fees incurred by the
applicant under division (D)(4) of this section. (5) If the sheriff determines the applicant is a resident of
the
county in which the applicant seeks the license or of an
adjacent
county but does not yet meet the residency requirements
described
in division (D)(1)(a) of this section, the sheriff shall
not deny
the license because of the residency requirements but
shall not
issue the license until the applicant meets those
residency
requirements. (6) A person who previously has been declared incompetent or involuntarily hospitalized or
institutionalized pursuant to court order shall be eligible for a
license to carry a concealed handgun under this section if the
person submits either of the following:
(a) A certification by a physician licensed pursuant to
Chapter 4731. of the Revised Code whose primary practice is in the
field of psychiatry that the condition that resulted in the
applicant's involuntary hospitalization or institutionalization is in remission and
is not reasonably likely to redevelop at a future time and that
the applicant no longer represents a risk of physical harm to
others;
(b) A copy of the court order reversing or vacating the
court order adjudicating the person to be mentally incompetent or
the order
under which the applicant had been involuntarily hospitalized or
institutionalized.
(E) If a license to carry a concealed handgun issued under
this section is lost or is destroyed, the licensee may obtain from
the sheriff who issued that license a duplicate license upon the
payment of a fee of fifteen dollars and the submission of an
affidavit attesting to the loss or destruction of the license.
(F) A licensee who wishes to renew a license to carry a
concealed handgun shall do so within thirty days after the
expiration date of
the license by filing with the sheriff of the
county in which the
applicant resides or with the sheriff of an
adjacent county an application for renewal of the license
obtained
pursuant to division (D) of this section, a new color
photograph
of the licensee that was taken within thirty days prior
to the
date of the renewal application, and a nonrefundable
license
renewal fee unless the fee is waived. The licensee is not required
to submit a new
competency certificate.
Upon receipt of a completed renewal application, color
photograph, and license renewal fee unless the fee is waived, a
sheriff shall conduct or
cause to be conducted the criminal
records check described in
section 311.41 of the
Revised Code.
The
sheriff
shall renew the license if
the sheriff determines that
the
applicant continues to satisfy the
requirements described in
division (D)(1) of this section. A
renewed license shall expire
four years after the date of issuance
and is subject to division
(E) of this section and sections
2923.126 and 2923.128 of the
Revised Code. A sheriff shall comply
with divisions (D)(2) to (5)
of this section when the
circumstances described in those
divisions apply to a requested
license renewal. (G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall include at least twelve hours of training
in the safe handling and use of a firearm that shall include all
of
the following:
(a) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun;
(b) The ability to demonstrate and explain how to handle
ammunition in a safe manner; (c) The ability to demonstrate the knowledge, skills, and
aptitude necessary to shoot a handgun in a safe manner;
(d) Range time, live fire training, and gun handling
training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following: (a) A written section on the ability
to
name and explain the
rules for the safe handling of a handgun
and
proper storage
practices for handguns and ammunition;
(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a
physical demonstration of the aptitude necessary
to
shoot a
handgun in a safe manner. (3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall attest that the
course, class, or program the applicant successfully completed met
the requirements described in division (G)(1) of this section.
Sec. 2923.126. (A) A license to carry a concealed handgun
that is issued under section 2923.125 of the Revised Code shall
expire four years after the date of issuance. A licensee shall be
granted a grace period of thirty days after the licensee's license
expires during which the licensee's license remains valid. Except
as provided in
divisions (B) and (C) of this section, the licensee
may carry a concealed
handgun anywhere in this state if the
licensee also carries a
valid license and valid identification
when the licensee is in
actual possession of a concealed handgun.
The licensee shall give
notice of any change in the licensee's
residence address to the
sheriff who issued the license within
forty-five days after that
change. If a
law enforcement officer approaches a stopped vehicle as the result of a traffic stop or a stop for another law enforcement purpose and a licensee is the driver or an occupant of that vehicle and if the licensee
is carrying a concealed handgun at the time the officer approaches
the vehicle, the licensee shall promptly inform the officer that
the licensee has been issued a license to carry a concealed
handgun and that the licensee currently is carrying a concealed
handgun.
(B) A valid license does not authorize the licensee to carry
a concealed handgun into any of the following places:
(1) The secured area of a police station, sheriff's office,
or state highway
patrol
station, premises controlled by the bureau
of criminal
identification and investigation, a state correctional
institution,
jail, workhouse, or other
detention facility, an
airport
passenger terminal, or an institution that is maintained, operated, managed, and governed pursuant to division (A) of section 5119.02 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code;
(2) A school safety zone, in violation of section 2923.122
of the Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, in violation of section 2923.123 of the
Revised Code;
(4) Any room or open air arena in which liquor is being dispensed in premises
for which a D permit has been issued under Chapter 4303. of the
Revised Code, in violation of section 2923.121 of the Revised
Code;
(5) The premises of any public or
private college,
university, or other institution of higher
education, unless the
handgun is in a locked motor vehicle or the
licensee is in the
immediate process of placing the handgun in a locked
motor
vehicle;
(6)
Any church, synagogue, mosque, or other place of
worship, unless the church, synagogue, mosque, or other place of
worship posts or permits otherwise; (7)
A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing in this section shall negate or restrict a
rule,
policy, or practice of a private employer that is not a
private
college, university, or other institution of higher
education
concerning or
prohibiting the presence of firearms on
the private
employer's
premises or property, including motor
vehicles owned by
the private employer, except that a licensee may
keep a handgun in
a locked
motor vehicle that is not owned by the private employer. Nothing in this
section shall require a private
employer
of that nature to adopt a
rule, policy,
or practice concerning or
prohibiting the
presence
of firearms on
the private employer's
premises or property,
including motor vehicles owned by the private employer. (2) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education. (3) The owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. A person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree.
(D)
A person who holds a license to carry a concealed
handgun
that was issued pursuant to the law of another state has
the same right to carry a
concealed handgun in this
state as a
person who was issued a license to carry a concealed handgun under
section 2923.125 of the Revised Code and is subject to the same
restrictions that apply to a person who carries a license issued
under that section.
Sec. 2923.127. (A) If a sheriff denies an application for a
license to carry a concealed handgun or denies the renewal of a
license to carry a concealed handgun as a result of the criminal
records check conducted pursuant to
section 311.41 of the
Revised
Code and if the
applicant believes the denial was based on
incorrect information
reported by the source the sheriff used in
conducting the criminal records check, the applicant may
file a
written
request with the source requesting the
source to conduct
another criminal records check with respect to
the applicant, to
correct all erroneous information in the
source's records that
relates to the applicant and that may be
relevant to the
applicant's eligibility for a license to carry a
concealed
handgun, and to transmit the corrected information to
the sheriff.
If the source fails to perform those functions within
fourteen days or denies the applicant's request, the applicant may
file in the court of common pleas of the applicant's county of
residence a complaint that requests the court to order the source
to perform those functions. The court shall order the source to
perform the requested functions if the applicant establishes by
clear and convincing evidence all of the following:
(1) The source's records contain erroneous information that
relates to the applicant and that may be relevant to a sheriff's
determination as to the applicant's eligibility for a license.
(2) The erroneous information should be corrected.
(3) The source's records as so corrected contain, and the
criminal records check otherwise contained, no information that
may be relevant to a sheriff's determination as to the applicant's
eligibility for a license.
(B) If a court enters an order of the type described in
division (A) of this section, within twenty days after the source
transmits corrected information to the sheriff who denied the
issuance or renewal of the license, the destruction of records
provisions of divisions (B) and (C) of section 311.41 of the
Revised Code shall apply to the chief operating officer of the
source or an employee of
the source designated by that officer.
Sec. 2923.128. (A)(1) If a licensee holding a valid license
is arrested for or otherwise charged with an offense described in
division
(D)(1)(d) of section 2923.125 of the Revised
Code or with a violation of section 2923.15 of the Revised Code or
becomes subject to a temporary protection order issued pursuant to
section 2919.26 or 3113.31 of the Revised Code,
the
sheriff who
issued the license shall suspend it and shall
comply
with division
(A)(3) of this section upon becoming aware of
the
arrest, charge,
or temporary protection order.
(2) A suspension under division (A)(1) of this section shall
be considered as beginning on the date that the licensee is
arrested for or otherwise charged with an offense described in
that division or on the date the appropriate court issued the
temporary protection order described in that division,
irrespective of when the sheriff notifies the
licensee under
division (A)(3) of this section. The suspension
shall end on the
date on which the charges are dismissed or the
licensee is found
not guilty of the offense described in division
(A)(1) of this
section or, subject to division (B) of this section, on the date
the appropriate court terminates the temporary protection order
described in that division. If the suspension so ends, the
sheriff
shall return the license to the licensee.
(3) Upon becoming aware of an arrest, charge, or temporary
protection order described in
division (A)(1) of this section with
respect to a licensee,
the
sheriff who issued the licensee's
license to carry a concealed
handgun shall notify the licensee, by
certified mail, return
receipt requested, at the licensee's last
known residence address
that the license has been suspended and
that the licensee is
required to
surrender the license at the
sheriff's office within
ten days of
the date on which the notice
was mailed.
(B)(1) A sheriff who issues a license to carry a concealed
handgun to a licensee shall revoke the license in accordance with
division (B)(2) of this section upon becoming aware that the
licensee satisfies any of the following:
(a) The licensee is under twenty-one years of age.
(b) At the time of the issuance of the license, the licensee
did not satisfy the eligibility requirements of division
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the Revised
Code.
(c) On or after the date on which the license was issued, the
licensee is convicted of or pleads guilty to a violation of
section 2923.15 of the Revised Code or an offense described in
division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the
Revised
Code.
(d) On or after the date on which the license was issued,
the licensee becomes subject to a permanent protection order
issued pursuant to section 3113.31 of the Revised Code. (e)
The licensee knowingly carries a concealed handgun into
a
place that the licensee knows is an unauthorized place specified
in division (B) of section 2923.126 of the Revised Code.
(f) On or after the date on which the license was issued, the
licensee is adjudicated to be mentally incompetent or has been
involuntarily hospitalized or institutionalized pursuant to a court order. (g) At the time of the issuance of the license, the licensee
did not meet the residency requirements described in division
(D)(1) of section 2923.125 of the Revised Code and currently does
not meet the residency requirements described in that division. (h) The competency certificate the licensee submitted was
forged or otherwise was fraudulent.
(2) Upon becoming aware of any circumstance listed in
division (B)(1) of this section that applies to a particular
licensee, the sheriff who issued the license to carry a concealed
handgun to the licensee shall notify the licensee, by certified
mail, return receipt requested, at the licensee's last known
residence address that the license is subject to revocation and
that the licensee may come to the sheriff's office and contest the
sheriff's proposed revocation within fourteen days of the date on
which the notice was mailed. After the fourteen-day period and
after consideration of any information that the licensee provides
during that period, if the sheriff determines on the basis of the
information of which the sheriff is aware that the licensee is
described in division (B)(1) of this section and no longer
satisfies the requirements described in division (D)(1) of section
2923.125 of the Revised Code, the sheriff shall revoke the
license, notify the licensee of that fact, and require the
licensee to surrender the license.
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the
bureau of criminal identification and investigation, the employees
of the bureau, the Ohio peace officer training commission, or the
employees of the commission make a good faith effort
in
performing the duties imposed upon the sheriff, the
superintendent, the bureau's employees, the commission, or the
commission's employees by sections
109.731, 311.41, and 2923.124
to 2923.1212 of the Revised Code, in addition to the
personal
immunity provided by section 9.86 of the Revised Code or division
(A)(6) of section 2744.03
of the
Revised Code and the governmental
immunity of sections
2744.02 and
2744.03 of the Revised Code and
in addition to any other immunity
possessed by the bureau, the
commission, and their employees, the
sheriff, the
sheriff's
office, the county in which the sheriff
has
jurisdiction, the
bureau, the superintendent of the bureau, the bureau's employees,
the
commission, and the
commission's employees are immune from
liability in a civil action
for
injury, death, or loss to person
or property that allegedly
was
caused by or related to any of the
following: (a) The issuance, renewal, suspension, or revocation of a
license to carry a concealed handgun;
(b) The failure to issue, renew, suspend, or revoke a license
to carry a concealed handgun;
(c) Any action or misconduct with a handgun committed by a
licensee.
(2) Any action of a sheriff relating to the issuance,
renewal, suspension, or revocation of a license to carry a
concealed handgun shall be considered to be a governmental
function for purposes of Chapter 2744. of the Revised Code. (3) An entity that or instructor who provides a competency
certification of a type described in division (B)(3) of section
2923.125 of the Revised Code is immune from civil liability that
might otherwise be incurred or imposed for any death or any injury
or loss to person or property that is caused by or related to a
person to whom the entity or instructor has issued the competency
certificate if all of the following apply:
(a) The alleged liability of the entity or instructor
relates to the training provided in the course, class, or
program
covered by the competency certificate.
(b) The entity or instructor makes a good faith effort in
determining whether the person has satisfactorily completed the
course, class, or program.
(c) The entity or instructor did not issue the competency
certificate with malicious purpose, in bad faith, or in a wanton
or reckless manner. (4) A law enforcement agency that employs a peace officer is
immune from liability in a civil action to recover damages for
injury, death, or loss to person or property allegedly caused by
any act of that peace officer if the act occurred while the peace
officer carried a concealed handgun and was off duty and if the
act allegedly involved the peace officer's use of the concealed
handgun. Sections 9.86 and 9.87 of the Revised Code apply to any
civil action involving a peace officer's use of a concealed
handgun in the performance of the peace officer's duties while the
peace officer is off duty.
(B) Notwithstanding section 149.43 of the Revised Code, the
records that a sheriff keeps relative to the issuance, renewal,
suspension, or revocation of a license to carry a concealed
handgun, including, but not limited to, completed applications for
the issuance or renewal of a license, reports of criminal
records
checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
divisions (A)(1) and (2) of section 311.41 of the Revised Code,
are
confidential and are not
public records. No person shall
release
or otherwise disseminate records that are confidential
under this
division unless required to do so pursuant to a court
order.
(C) Each sheriff shall report to the Ohio peace officer
training commission the number of licenses to carry a concealed
handgun that the sheriff issued, renewed, suspended, revoked, or
denied during the previous quarter of the calendar year and the
number of applications for those licenses that were suspended in
accordance with division (D)(3) of section 2923.125 of the Revised
Code during the previous quarter of the calendar year. The
sheriff shall not include in the report the name or any other
identifying information of an applicant or licensee. The sheriff
shall report that information in a manner that permits the
commission to maintain the statistics described in division (D) of
section 109.731 of the Revised Code and to timely prepare the
statistical report described in that division. This information is
confidential and is not a public record. No person shall release
or otherwise disseminate records that are confidential under this
division unless required to do so pursuant to a court order.
(D) Whoever violates division (B) or (C) of this section is
guilty of illegal release of confidential concealed handgun
license records, a misdemeanor of the second degree.
Sec. 2923.1210.
The application for a license to carry a
concealed handgun
or for the renewal of a license of that nature
that is to be used under
section 2923.125 of the Revised Code
shall conform substantially to
the following form:
"Ohio
Peace
Officer
Training
Commission |
|
APPLICATION FOR A LICENSE
TO CARRY A CONCEALED
HANDGUN |
|
|
|
|
Please Type or Print in Ink |
|
|
SECTION I. |
|
|
This application will not be processed unless all applicable
questions have been answered and until all required supporting documents
as described in division (B) or (F) of section 2923.125 of
the Ohio Revised Code and, unless waived, a cashier's check,
certified check, or money order in the amount of the
applicable license fee or license renewal fee have been submitted.
FEES ARE NONREFUNDABLE. |
|
|
Last |
|
First |
|
Middle |
................ |
|
................ |
|
.............. |
Social Security Number:......................
Street |
City |
State |
County |
Zip |
............ |
............ |
............ |
........... |
............ |
Mailing Address (If Different
From Above):
Street |
City |
State |
Zip |
............ |
............ |
............ |
.............. |
Date of Birth |
|
Place of Birth |
|
Sex |
|
Race |
|
Residence Telephone |
...../..../.... |
|
............ |
|
.... |
|
..... |
|
(...)......... |
SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED
YES OR
NO
(1) Have you been a resident of Ohio for at least forty-five
days and have you been a resident for thirty days of the county with whose
sheriff you are filing this application or of a county adjacent to that county? |
|
....
YES |
|
....
NO |
(2) Are you at least twenty-one years of age? |
|
....
YES |
|
....
NO |
(3) Are you a fugitive from justice? |
|
.... YES |
|
.... NO |
(4) Are you under indictment for a felony, have you ever been
convicted of or pleaded guilty to a felony, or have you ever been adjudicated
a delinquent child for committing an act that would be a felony if committed
by an adult? |
|
.... YES |
|
.... NO |
(5) Are you under indictment for or otherwise charged with, or
have
you ever been convicted of or pleaded guilty to, an offense under
Chapter 2925., 3719., or 4729. of the Ohio Revised
Code that involves the illegal
possession, use, sale, administration, or distribution of or trafficking in a drug
of abuse, or have you ever been adjudicated a delinquent child for committing
an act that would be an offense of that nature if committed by an adult? |
|
.... YES |
|
.... NO |
(6) Are you under indictment for or otherwise charged with, or
have
you been convicted of or pleaded guilty to within three years of the date of
this application, a misdemeanor that is an offense of violence or the
offense of possessing a revoked or suspended concealed handgun license, or
have you been adjudicated a delinquent child within three years of the date of
this application for committing an act that would be a misdemeanor of that
nature if committed by an adult? |
|
.... YES |
|
.... NO |
(7) Are you under indictment for or otherwise charged with, or have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
|
.... YES |
|
.... NO |
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
|
.... YES |
|
.... NO |
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
|
.... YES |
|
.... NO |
(c) Have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
|
.... YES |
|
.... NO |
(9)(a)(i) Are you under an adjudication of mental incompetence? |
|
.... YES |
|
.... NO |
(ii) Have you ever been involuntarily hospitalized or institutionalized pursuant to a court order? |
|
.... YES |
|
.... NO |
(b) If the answer to (9)(a)(ii) is "YES," has a psychiatrist certified that the condition is in remission and is not reasonably likely to redevelop at a future time and that you no longer represent a risk of physical harm to others or has the court order been reversed or vacated? |
|
.... YES |
|
.... NO |
AN APPLICANT WHO KNOWINGLY
GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED
FOR FALSIFICATION TO OBTAIN A CONCEALED HANDGUN
LICENSE, A FELONY
OF THE FIFTH DEGREE, IN VIOLATION OF SECTION 2921.13 OF THE
OHIO
REVISED CODE. (1) I have been furnished the text of the Ohio firearms
laws, and
I am knowledgeable of their provisions. (2) I desire a legal means to carry a concealed handgun for
defense of myself or a member of my family while engaged in
lawful
activity. (3) I have never been convicted of or pleaded guilty to a crime
of
violence in the state of Ohio or elsewhere. I am of
sound
mind. I hereby certify that the statements contained
herein
are true and correct to the best of my knowledge and
belief.
I understand that if
I knowingly make any false
statements
herein
I am subject to penalties prescribed by law.
I
authorize the sheriff or the sheriff's designee to inspect
only those records or documents relevant to information
required
for this application. (4) The information contained in this application and all
attached documents are true and correct to the best of my
knowledge.
|
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Signature of Applicant" |
Sec. 2923.1211.
(A) No
person shall alter a license to
carry
a concealed handgun that
was issued pursuant to section
2923.125
of the
Revised
Code or create a fictitious
document that
purports
to be a license of that nature. (B) No person, except in
the performance of official duties,
shall possess a concealed
handgun license that was issued and that
has been revoked or
suspended pursuant to section 2923.128 of the
Revised
Code. (C) Whoever violates
division (A) of this section is
guilty
of falsification of a concealed handgun license, a felony
of the
fifth degree. Whoever violates division
(B) of this section is
guilty
of possessing a revoked or suspended concealed handgun
license,
a misdemeanor of the third degree.
Sec. 2923.1212.
(A) The following persons, boards, and
entities, or designees, shall post in the following locations a
sign that contains a statement in
substantially the
following
form:
"Unless otherwise authorized
by law, pursuant to
the Ohio
Revised Code, no person shall knowingly
possess, have
under the
person's control, convey, or attempt to
convey a deadly
weapon or
dangerous ordnance onto these
premises.": (1) The director of public safety or the
person
or board
charged with
the erection, maintenance, or repair
of police
stations,
municipal jails, and the municipal courthouse
and
courtrooms in a conspicuous location at all
police stations,
municipal jails, and municipal
courthouses and
courtrooms; (2) The sheriff or
sheriff's designee who has charge of the
sheriff's office in a conspicuous location in
that office; (3) The superintendent of the state highway patrol or the
superintendent's designee in a conspicuous
location at all state
highway patrol stations; (4) Each sheriff, chief
of police, or person in charge of
every county, multicounty,
municipal, municipal-county, or
multicounty-municipal jail or
workhouse, community-based
correctional facility, halfway house,
alternative residential
facility, or other local or state correctional
institution or
detention facility within the state, or that person's designee, in
a conspicuous location at that facility under
that
person's
charge; (5) The board of
trustees of a regional airport authority,
chief administrative
officer of an airport facility, or other
person in charge of an
airport facility in a
conspicuous location
at
each airport facility under that person's
control; (6) The officer or
officer's designee who has charge of a
courthouse or the
building or structure in which a courtroom is
located in a conspicuous location in that
building or structure; (7) The superintendent of the bureau of criminal
identification and investigation or the superintendent's
designee in a conspicuous location in all premises controlled by
that bureau.
(B) The following boards, bodies, and persons, or designees,
shall post in the following locations a sign that
contains a
statement in substantially
the following form:
"Unless
otherwise
authorized by law, pursuant to
Ohio Revised Code section
2923.122,
no
person shall knowingly possess, have under the
person's
control,
convey, or attempt to convey a deadly weapon or
dangerous
ordnance into a school safety zone.": (1) A board of education
of a city, local, exempted village,
or joint vocational school
district or that board's designee in a
conspicuous location in each building and on each
parcel of real
property
owned or controlled by the board; (2) A governing body of
a school for which the state board
of education prescribes
minimum standards under section 3301.07 of
the
Revised Code or that body's designee
in a
conspicuous location
in each building and on each
parcel of real property owned or
controlled by the school; (3) The principal or
chief administrative officer of a
nonpublic school in a conspicuous location on
property owned or
controlled
by that nonpublic school.
Sec. 2923.13. (A) Unless relieved from disability as
provided in section 2923.14 of the Revised Code, no person shall
knowingly acquire, have, carry, or use any firearm or dangerous
ordnance, if any of the following apply: (1) The person is a fugitive from justice. (2) The person is under indictment for or has been
convicted
of any felony offense of violence or has been
adjudicated a
delinquent child for the
commission of an offense that, if
committed by an adult,
would have been a felony offense of
violence. (3) The person is under indictment for or has been
convicted
of any offense involving the illegal possession, use,
sale,
administration, distribution, or trafficking in any drug of
abuse
or has been adjudicated a
delinquent child for the commission of
an offense that, if
committed by an adult, would have been an
offense involving the
illegal possession, use, sale,
administration, distribution, or trafficking in
any drug of abuse. (4) The person is drug dependent, in danger of drug
dependence, or a chronic
alcoholic. (5) The person is under adjudication of mental incompetence. (B)
No person who has been convicted of a felony of the
first
or second degree shall violate division (A) of this section
within
five years of the date of the person's release from
imprisonment
or from
post-release control that is imposed for the
commission of
a felony of the
first or second degree. (C) Whoever violates this section is guilty of having
weapons while under disability. A violation of
division (A) of
this section is a felony of the
fifth degree. A violation of
division (B) of this section
is, a felony of the third degree.
Sec. 2923.16. (A) No person shall knowingly discharge a
firearm while in or on a motor vehicle. (B) No person shall knowingly transport or have a loaded
firearm in a motor vehicle in
such a manner that the
firearm is
accessible to the operator or any passenger without leaving the
vehicle. (C) No person shall knowingly transport or have a firearm
in
a motor vehicle, unless it is unloaded and is carried in one
of
the following ways: (1) In a closed package, box, or case; (2) In a compartment that can be reached only by leaving
the
vehicle; (3) In plain sight and secured in a rack or holder made
for
the purpose; (4) In plain sight with the action open or the weapon
stripped, or, if the firearm is of a type on which the action
will
not stay open or which cannot easily be stripped, in plain
sight. (D)(1) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, when authorized to carry or have loaded
or
accessible firearms in motor vehicles and acting within the
scope of their duties. (2) Division
(A) of this section does not
apply to a person
if all of the following circumstances apply: (a) The person discharges a firearm from a motor vehicle at
a
coyote or groundhog, the discharge is not during the deer gun
hunting season
as
set by the chief of the division of wildlife of
the department of natural
resources, and the discharge at the
coyote or groundhog, but for the operation
of this section, is
lawful. (b) The motor vehicle from which the person discharges the
firearm is on real property that is located in an unincorporated
area of a
township and that either is zoned for agriculture or is
used for agriculture.
(c) The person owns the real property described in division
(D)(2)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property. (d) The person does not discharge the
firearm in any of the
following manners: (i) While under the influence of
alcohol, a drug of abuse,
or alcohol and a drug of abuse; (ii) In the direction of a street, highway, or
other public
or private property used by the public for
vehicular traffic or
parking; (iii) At or into an occupied structure that is a
permanent
or temporary habitation; (iv) In the commission of any
violation of law, including,
but not limited to, a felony that
includes, as an essential
element, purposely or knowingly
causing or attempting to cause the
death of or physical harm to
another and that was committed by
discharging a firearm from a
motor vehicle. (3) Divisions (B) and
(C) of this section do not
apply to a
person if all of the following circumstances apply: (a) At the time of the alleged violation of
either of those
divisions, the person is the operator of or a passenger in
a motor
vehicle. (b) The motor vehicle is on real property that is located in
an
unincorporated area of
a township and that either is zoned for
agriculture or is used for
agriculture. (c) The person owns the real property described in division
(D)(3)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property. (d) The person, prior to
arriving at the real property
described in division
(D)(3)(b) of this section, did not transport
or possess a
firearm in the motor vehicle in a manner prohibited
by division
(B) or
(C) of this section while the
motor vehicle was
being operated on a street, highway, or other
public or private
property used by the public for vehicular
traffic or parking. (4) Divisions (B) and (C) of this section
do not apply to a
person who transports or possesses a handgun
in a motor vehicle
and who, at the time of that transportation
or possession, is
carrying a valid license to carry a concealed
handgun issued to
the person under
section 2923.125 of the Revised
Code, unless the
person knowingly
is in a place described
in division (B) of
section 2923.126 of the
Revised Code.
(5) Divisions (B) and (C) of this section do not apply to a
person who transports a handgun in a motor vehicle if, at the time
of the transportation, all of the following apply:
(a) The person did not place the handgun in the motor
vehicle.
(b) The person does not possess the handgun on the person's
person.
(c) The handgun is owned by a licensee for whom a valid
license to carry a concealed handgun has been issued under section
2923.125 of the Revised Code. (E)(1) The affirmative defenses
contained
authorized in
divisions (C)(1)
and, (2),
and
(5) of
section 2923.12 of the
Revised Code
are affirmative defenses to a charge under division
(B) or (C) of
this section. (2) It is an affirmative defense to a charge under division
(A) of this section that the offender discharged the firearm in
self-defense. (3)(a) The fact that a person who is prosecuted for a
violation of division (B) or (C) of this section is found to have
possessed a firearm under an affirmative defense authorized in
division (E)(1) of this section shall not be used in a subsequent
prosecution of the person for a violation of this section or
section 1547.69, 2923.12, 2923.121, 2923.122, or 2923.123 of the
Revised Code.
(b) No person who is charged with a violation of division
(B) or (C) of this section shall be required to obtain a license
to carry a concealed handgun under section 2923.125 of the Revised
Code as a condition for the dismissal of the charge. (F) Whoever violates this section is guilty of improperly
handling firearms in a motor vehicle. Violation of division (A)
or (B) of this section is a misdemeanor of the first degree.
Violation of division (C) of this section is a misdemeanor of the
fourth degree. (G) As used in this section: (1)
"Motor vehicle,"
"street," and
"highway" have the
same
meanings as in section 4511.01 of the
Revised
Code. (2)
"Occupied structure" has the same meaning as in
section
2909.01 of the Revised
Code. (3)
"Agriculture" has the same meaning as in section 519.01
of the Revised Code. (4)
"Tenant" has the same meaning as in section 1531.01 of
the Revised Code. (5)
"Unloaded" means, with
respect to a firearm employing a
percussion cap, flintlock, or
other obsolete ignition system, when
the weapon is uncapped or
when the priming charge is removed from
the pan.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of section
2929.13 of the Revised
Code,
the sentencing court shall impose
upon the offender a mandatory prison term in
accordance with that
division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison
term of any
duration specified in division (A)(3) of this section
minus the sixty or one
hundred twenty days imposed upon the
offender as the mandatory prison term.
The total of the
additional prison term imposed under division (D)(4) of this
section
plus the sixty or one hundred twenty days imposed as the
mandatory prison term
shall equal one of
the authorized prison
terms specified in division (A)(3) of this section. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the
Revised Code in which the stolen property is a firearm or
dangerous ordnance, or if a prison term is
imposed for a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2953.32. (A)(1) Except as provided in section
2953.61
of the Revised Code, a first offender may apply to the
sentencing
court if convicted in this state, or to a court of
common pleas if
convicted in another state or in a federal court,
for the sealing
of the conviction record. Application
may be made at the
expiration of three years after the offender's final discharge if
convicted of a felony, or at the expiration of one year after the
offender's
final discharge if convicted of a misdemeanor. (2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when
bail
was forfeited for the sealing of the record of the
case. Except
as provided in section 2953.61 of the Revised Code, the
application may be filed at any time after the expiration of one
year from the date on which the bail forfeiture was entered upon
the minutes of the court or the journal, whichever entry occurs
first. (B) Upon the filing of an application under this section,
the court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by
filing
an objection with the court prior to the date set for the
hearing.
The prosecutor shall specify in the objection the
reasons for
believing a denial of the application is
justified.
The court
shall direct its regular probation officer, a state
probation
officer, or the department of probation of the county
in which the
applicant resides to make inquiries and written
reports as the
court requires concerning the applicant. (C)(1) The court shall do each of the following: (a) Determine whether the applicant is a first offender or
whether the forfeiture of bail was agreed to by the applicant and
the prosecutor in the case. If the applicant applies as a
first
offender pursuant to division (A)(1) of this section and has
two
or three convictions that result from the same indictment,
information, or
complaint, from the same plea of guilty, or from
the same official proceeding,
and result from related criminal
acts that were committed within a three-month
period but do not
result from the same act or from offenses committed at the
same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two
or three convictions to be counted as one conviction.
If the court determines
that it is not in the public interest for
the two or three convictions to be
counted as one conviction, the
court shall determine that the applicant is not
a first offender;
if the court does not make that determination, the court
shall
determine that the offender is a first offender. (b) Determine whether criminal proceedings are pending
against the applicant; (c) If the applicant is a first offender who applies
pursuant to division (A)(1) of this section, determine whether
the
applicant has been rehabilitated to the satisfaction of the
court; (d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection; (e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the
legitimate needs, if any, of the government to maintain those
records. (2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first offender or
the subject of a bail forfeiture, that no criminal proceeding is
pending against the applicant, and that the interests of the
applicant in
having the records pertaining to the applicant's
conviction or bail
forfeiture sealed are not outweighed by any
legitimate
governmental needs to maintain those records, and that
the
rehabilitation of an applicant who is a first offender
applying
pursuant to division (A)(1) of this section has been
attained to
the satisfaction of the court, the court, except as
provided in
division (G) of this section, shall order all official
records
pertaining to the case sealed and, except as provided in
division
(F) of this section, all index references to the case
deleted
and, in the case of bail forfeitures, shall dismiss the
charges
in the case. The proceedings in the case shall be
considered not
to have occurred and the conviction or bail
forfeiture of the
person who is the subject of the proceedings
shall be sealed,
except that upon conviction of a subsequent
offense, the sealed
record of prior conviction or bail forfeiture
may be considered
by the court in determining the sentence or
other appropriate
disposition, including the relief provided for
in sections
2953.31 to 2953.33 of the Revised Code. (3) Upon the filing of an application under this section,
the applicant, unless indigent, shall pay a fee of
fifty
dollars.
The court shall pay thirty dollars of the fee into the
state
treasury. It shall pay twenty dollars of the fee into the
county
general revenue fund if the sealed conviction or bail
forfeiture
was pursuant to a state statute, or into the general
revenue fund
of the municipal corporation involved if the sealed
conviction or
bail forfeiture was pursuant to a municipal
ordinance. (D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes: (1) By a law enforcement officer or prosecutor, or
the
assistants of either,
to determine whether the nature and
character of
the offense with which a person is to be charged
would be
affected by virtue of the person's previously having been
convicted of a crime; (2) By the parole or probation officer of the person who
is
the subject of the records, for the exclusive use of the
officer
in supervising the person while on parole or
probation and in
making inquiries and written reports as
requested by the court or
adult parole authority; (3) Upon application by the person who is the subject of
the
records, by the persons named in the application; (4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case; (5) By a prosecuting attorney or the prosecuting attorney's
assistants
to determine a defendant's eligibility to enter a
pre-trial
diversion program established pursuant to section
2935.36 of the
Revised Code; (6) By any law enforcement agency or any authorized
employee
of a law enforcement agency or by the department of
rehabilitation
and correction as part of a background
investigation of a person
who applies for employment with the
agency as a law enforcement
officer or with the department as a
corrections officer; (7) By any law enforcement agency or any authorized
employee
of a law enforcement agency, for the purposes set forth
in, and in
the manner provided in, section 2953.321 of the
Revised Code; (8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code; (9) By the bureau of criminal identification and
investigation or any
authorized employee of the bureau for the
purpose of performing a criminal
history
records check on a person
to whom a
certificate as prescribed in section 109.77 of the
Revised Code is to be awarded; (10) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of the sheriff in
connection with a
criminal records check described in section
311.41 of the Revised
Code. When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense. (E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code. (F) The person or governmental agency, office, or
department
that maintains sealed records pertaining to
convictions or bail
forfeitures that have been sealed pursuant to
this section may
maintain a manual or computerized index to the
sealed records.
The
index shall contain only the name of, and
alphanumeric
identifiers
that relate to, the persons who are the
subject of the
sealed
records, the word
"sealed," and the name of
the person,
agency,
office, or department that has custody of the
sealed
records, and
shall not contain the name of the crime
committed.
The index shall
be made available by the person who
has custody of
the sealed
records only for the purposes set forth
in divisions
(C), (D), and
(E) of this section. (G) Notwithstanding any provision of this section or
section
2953.33 of the Revised Code that requires otherwise, a
board of
education of a city, local, exempted village, or joint
vocational
school district that maintains records of an
individual who has
been permanently excluded under sections
3301.121 and 3313.662 of
the Revised Code is permitted to
maintain records regarding a
conviction that was used as the
basis for the individual's
permanent exclusion, regardless of a
court order to seal the
record. An order issued under this
section to seal the record of
a conviction does not revoke the
adjudication order of the
superintendent of public instruction to
permanently exclude the
individual who is the subject of the
sealing order. An order
issued under this section to seal the
record of a conviction of an
individual may be presented to a
district superintendent as
evidence to support the contention
that the superintendent should
recommend that the permanent
exclusion of the individual who is
the subject of the sealing
order be revoked. Except as otherwise
authorized by this
division and sections 3301.121 and 3313.662 of
the Revised Code,
any school employee in possession of or having
access to the
sealed conviction records of an individual that were
the basis of
a permanent exclusion of the individual is subject to
section
2953.35 of the Revised Code.
Sec. 4749.10. (A) No class A, B, or C licensee and no
registered employee of a class A, B, or C licensee shall carry a
firearm, as defined in section 2923.11 of the Revised Code, in
the
course of engaging in the business of private investigation,
the
business of security services, or both businesses, unless all
of
the following apply: (1) The licensee or employee either has successfully
completed a basic firearm
training program at a training school
approved by the Ohio peace
officer training commission, which
program includes twenty hours of
training in handgun use and, if
any firearm other than a handgun
is to be used, five hours of
training in the use of other
firearms, and has received a
certificate of satisfactory
completion of that program from the
executive director of the
commission; the licensee or employee
has, within three years prior to the effective date
of this
section November 27, 1985, satisfactorily completed firearms training that
has been
approved by the commission as being equivalent to such a
program
and has received written evidence of approval of that
training
from the executive director of the commission;
or the licensee or
employee is a
former peace officer, as defined in section 109.71
of the Revised
Code, who previously had successfully completed a
firearms
training course at a training school approved by the Ohio
peace
officer training commission and has received a certificate
or other
evidence of satisfactory completion of that course from
the
executive director of the commission. (2) The licensee or employee submits an application to the
director of commerce, on a form prescribed by the director, in
which the
licensee or employee requests
registration as a class A,
B, or C licensee or employee who may
carry a firearm. The
application shall be accompanied by a copy
of the certificate or
the written evidence or other evidence
described in division
(A)(1) of this section, the identification
card issued pursuant to
section 4749.03 or 4749.06 of the Revised
Code if one has
previously been issued, a statement of the duties
that will be
performed while the licensee or employee is
armed, and a fee of
ten
dollars. In the case of a registered employee, the statement
shall be prepared by the employing class A, B, or C licensee. (3) The licensee or employee receives a notation on
the
licensee's or employee's identification card that
the licensee or
employee is a firearm-bearer and carries the
identification card
whenever the licensee or employee carries a firearm in the
course
of engaging in the
business of private investigation, the business
of security
services, or both businesses. (4) At any time within the immediately preceding
twelve-month period, the licensee or employee has requalified
in
firearms use on a
firearms training range at a firearms
requalification program
certified by the Ohio peace officer
training commission
or on a
firearms training range under the
supervision of an instructor
certified by the commission and has
received a
certificate of
satisfactory requalification from the
certified program or
certified instructor, provided that this
division does not apply
to any licensee or employee prior to the
expiration of eighteen
months after the licensee's or employee's
completion of the
program described in division (A)(1) of this
section. A
certificate of satisfactory requalification is valid
and remains
in effect for twelve months from the date of the
requalification. (5) If division (A)(4) of this section applies to the
licensee or employee, the licensee or employee carries
the
certificate of satisfactory
requalification that then is in effect
or any other evidence of
requalification issued or provided by the
director. (B)(1) The director of commerce shall register an
applicant
under division (A) of this section who satisfies
divisions (A)(1)
and (2) of this section, and place a notation on
the applicant's
identification card indicating that the applicant
is a
firearm-bearer and the date on which the applicant completed
the
program described in division (A)(1) of this section. (2) A firearms requalification training program or
instructor certified by the commission for the annual
requalification of class A, B, or C licensees or employees who
are
authorized to carry a firearm under section 4749.10 of the
Revised
Code shall award a certificate of satisfactory
requalification to
each class A, B, or C licensee or registered
employee of a class
A, B, or C licensee who satisfactorily
requalifies in firearms
training. The certificate shall identify
the licensee or employee
and indicate the date of the
requalification. A licensee or
employee who receives such a
certificate shall submit a copy of it
to the director of
commerce. A licensee shall submit the copy of
the
requalification certificate at the same time that the
licensee
makes
application for renewal of the licensee's class A, B, or C
license. The
director shall keep a record of all copies of
requalification
certificates the director receives under this
division and
shall establish
a procedure for the updating of
identification cards to provide
evidence of compliance with the
annual requalification
requirement. The procedure for the
updating of identification
cards may provide for the issuance of a
new card containing the
evidence, the entry of a new notation
containing the evidence on
the existing card, the issuance of a
separate card or paper
containing the evidence, or any other
procedure determined by the
director to be reasonable. Each
person who is issued a
requalification certificate under this
division promptly shall
pay to the Ohio peace officer training
commission
established by
section 109.71 of the Revised Code a fee
of five dollars, which
fee shall be transmitted to the treasurer
of state for deposit in
the peace officer private security fund
established by section
109.78 of the Revised Code.
(C) Nothing in this section prohibits a private investigator
or a security guard provider from carrying a concealed handgun if
the private inestigator or security guard provider complies with
sections 2923.124 to 2923.1212 of the Revised Code.
Section 2. That existing sections 1547.69, 2911.21, 2913.02, 2921.13,
2923.12,
2923.121, 2923.122,
2923.123, 2923.13, 2923.16, 2929.14, 2953.32, and
4749.10 of the
Revised Code are
hereby
repealed.
Section 3. That the versions of sections 2923.122 and
2929.14 of the
Revised Code that are scheduled to take effect
January 1, 2004, be
amended to read as follows:
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance
into a
school
safety zone. (B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone. (C) No person shall knowingly possess an object
in a school
safety zone if both of the following apply: (1) The object is indistinguishable from a firearm, whether
or not the
object is capable of being fired. (2) The person indicates
that the person possesses the
object and that it is a firearm, or the person
knowingly displays
or brandishes the object and indicates that it is a
firearm. (D) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry deadly weapons or
dangerous ordnance and acting within the scope of their duties,
to
any security officer employed by a board of education or
governing
body of a school during the time that the security
officer is on
duty pursuant to that contract of employment, or to
any other
person who has written authorization from the board of
education
or governing body of a school to convey deadly weapons
or
dangerous ordnance into a school
safety zone or to
possess a
deadly weapon or dangerous ordnance in a
school
safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance
in accordance
with that authorization. Division (C) of this section does not apply to
premises upon
which home schooling is conducted. Division (C) of
this section
also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for
legitimate school purposes during the course of
employment, a student who uses
an object that is indistinguishable
from a firearm under the direction of a
school administrator,
teacher, or employee, or any other person who with the
express
prior approval of a school administrator possesses
an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment,
or other dramatic presentation, or a ROTC activity or
another similar
use of the object. This section does not apply to a person who, at the time of conveying or attempting to convey a handgun into, or possessing a handgun in, a school safety zone, is carrying a valid license to carry a concealed handgun issued to the person under section 2923.125 of the Revised Code and is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B), unless the person knowingly is in a place described in division (B) of section 2923.126 of the Revised Code. (E)(1) Whoever violates division (A)
or (B) of this section
is guilty of illegal
conveyance or possession of a deadly weapon
or
dangerous ordnance
in a school safety zone.
Except as
otherwise provided in this division, illegal conveyance or
possession of a deadly weapon or dangerous
ordnance in a school
safety zone is a felony of the fifth degree. If the
offender
previously has been convicted of a violation of this section,
illegal conveyance or possession of a deadly
weapon or dangerous
ordnance in a school safety zone is a
felony of the fourth degree. (2) Whoever violates division (C) of this section is
guilty
of illegal possession of an object indistinguishable from a
firearm
in a
school
safety zone. Except as otherwise provided in
this
division, illegal possession
of an object indistinguishable
from a firearm in a school
safety zone is a misdemeanor of the
first degree. If
the offender previously has
been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school
safety zone is a
felony of the fifth
degree. (F)(1) In addition to any other penalty imposed upon a
person who
is convicted of or pleads guilty to a violation
of this
section and subject to division (F)(2) of this
section, if the
offender has not attained nineteen years of age, regardless of
whether the
offender is attending or is enrolled in a school
operated by a board of
education or for which the state board of
education prescribes minimum
standards under section 3301.07 of
the Revised Code, the
court shall impose upon the offender a
class
four suspension
of the
offender's probationary
driver's
license,
restricted
license, driver's license,
commercial
driver's license,
temporary
instruction permit, or probationary
commercial
driver's
license
that then is in effect from the
range specified in
division
(A)(4) of section
4510.02 of the Revised Code and
shall
deny
the
offender the
issuance of
any
permit
or license of that type
during the
period
of
the
suspension.
If the offender is not a resident of this state, the
court
shall
impose a class four suspension
of the
nonresident operating
privilege of the offender
from the
range specified in
division
(A)(4) of section 4510.02 of the
Revised Code. (2) If the offender shows good cause why the court should
not suspend
one of the types of licenses, permits, or
privileges
specified
in division (F)(1) of this section or deny
the issuance
of one of the
temporary
instruction permits specified
in that
division, the court in its discretion
may choose not to
impose the
suspension, revocation, or denial required in
that
division. (G) As used in this section,
"object that is
indistinguishable
from a firearm" means an object
made,
constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a
firearm.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the
Revised Code in which the stolen property is a firearm or
dangerous ordnance, or if a prison term is
imposed for a felony
violation of division
(B) of section 2921.331
of the Revised Code,
the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or
subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Section 4. That all existing versions of sections 2923.122 and 2929.14 of
the Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect on
January 1, 2004.
Section 6. In amending sections 1547.69, 2911.21, 2921.13, 2923.12,
2923.121, 2923.123, 2923.13,
2923.16, 2953.32, and 4749.10 of the Revised
Code and
in enacting
sections 109.731, 311.41, 311.42, and
2923.124 to
2923.1212 of
the
Revised Code in this act, the
General
Assembly
hereby declares
its
intent to recognize both of
the
following:
(A) The inalienable and fundamental right of an individual
to
defend the individual's person and the members of the
individual's family; (B) The fact that the right described in division (A) of
this
section predates the adoption of the United States
Constitution,
the adoption of the Ohio Constitution, and the
enactment of all
statutory laws by the General Assembly and may
not be infringed
by any enactment of the General Assembly.
Section 7. In enacting sections 109.731, 311.41,
311.42, and
2923.124 to 2923.1212 of the Revised Code in this act
and in
amending
sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.13,
2923.16,
2953.32, and 4749.10 of the
Revised Code in this act
relative to
licenses
to carry a
concealed handgun, the General
Assembly hereby
declares
that it
is not its intent to declare or
otherwise give
the
impression
that, prior to the effective date of
this act, an
individual did
not have an inalienable and
fundamental right, or a
right under
the Ohio Constitution or the
United States
Constitution, to
carry a concealed handgun or other
firearm for
the defense of
the individual's person or a member of
the
individual's family
while engaged in lawful activity. Further,
the
General Assembly declares that it is not its intent to
invalidate
any prior convictions for violating any section of the
Revised
Code or a municipal ordinance prior to the effective date
of this
act or to prevent the prosecution of any violation
committed prior
to the effective date of this act.
Section 8. Within thirty days after the effective date of
this act, the Ohio Peace Officer Training Commission shall submit the rules required
under section 109.731 of the Revised Code to the Joint Committee on
Agency Rule Review. Within thirty days after those rules take
effect, the Commission shall
prepare and make
available to
the
sheriffs of this state the
application and
license forms
described in division (A) of section
109.731 of the
Revised
Code
and the Ohio firearms laws pamphlet
described in division
(B) of that section and shall prescribe the license fee described in division (C) of that section. The Commission
shall
submit
its first
annual
statistical report described in
division
(D) of
that
section not
later than fifteen months after
the
effective
date
of this act.
Section 9. It is the intent of the General Assembly in
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123,
2923.16, 2953.32, and 4749.10 and enacting sections 109.731,
311.41,
311.42, and 2923.124 to 2923.1212 of the Revised Code to
enact
laws of a general nature. No municipal corporation may
adopt or
continue in existence any ordinance, and no township may
adopt or
continue in existence, any resolution that is in conflict
with
those sections.
Section 10. If any provision of sections 1547.69, 2911.21, 2913.02,
2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32,
and 4749.10 of the Revised Code, as amended by this act, any
provision of sections 109.731, 311.41, 311.42, 2923.124, 2923.125,
2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, and
2923.1212 of the Revised Code, as enacted by this act, or the
application of any provision of those sections to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the particular section or related
sections that can be given effect without the invalid provision or
application, and to this end the provisions of the particular
section are severable.
Section 11. (A) Section 2929.14 of the Revised Code,
effective
until January 1, 2004, is
presented in Section 1 of
this
act as a composite of
the section as amended by
both Am. Sub.
H.B. 327 and Sub. H.B.
485 of
the 124th General
Assembly. The
General Assembly, applying
the
principle stated in
division (B) of
section 1.52 of the
Revised
Code that amendments
are to be
harmonized if reasonably
capable of
simultaneous
operation, finds
that the composite is the
resulting
version of
the section in
effect prior to the effective
date of
the section
as presented in
Section 1 of this act. (B) Section 2929.14 of the Revised Code, effective
on
January 1, 2004, is
presented in Section 3 of
this act as a
composite of
the
section as amended by
Am. Sub. H.B. 327, Sub.
H.B.
485, and Am.
Sub. S.B. 123 of
the 124th General
Assembly.
The
General
Assembly, applying
the
principle stated in
division
(B) of
section
1.52 of the
Revised
Code that amendments
are to be
harmonized if
reasonably
capable of
simultaneous
operation, finds
that the
composite is the
resulting
version of
the section in
effect prior
to the effective
date of
the section
as presented in
Section 3 of this act.
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