The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 225 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Brinkman, Seitz, Bubp, Fessler, Wachtmann, Huffman, Uecker, Goodwin
A BILL
To amend sections 1547.69, 2923.12, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1212, and 2923.16 of the Revised Code to authorize a person to carry a concealed handgun without obtaining a license to the same extent as if the person had obtained such a license if the person qualifies for a concealed carry license and is legally permitted to purchase a handgun; to remove the requirements that a concealed carry licensee must be carrying the license in order to carry a concealed handgun, must inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun, and must submit a new or renewed competency certification when renewing the license; to eliminate as premises in which a concealed carry licensee may not carry a concealed handgun public or private institutions of higher education, places of worship, day-care centers and homes, and government buildings other than schools, courthouses, law enforcement offices, and correctional facilities; to replace the prohibitions that apply only to a concealed carry licensee who is carrying a handgun in a motor vehicle with a prohibition against a licensee who is in a motor vehicle that is stopped by a law enforcement officer knowingly menacing or threatening an officer with a loaded handgun or knowingly pointing a loaded handgun at an officer; to remove the "in plain sight or secure encasement" criterion that a concealed carry licensee must satisfy to legally possess a handgun in a motor vehicle; to provide a self-defense exemption from the prohibitions against discharging a firearm in or on a vessel or motor vehicle; to repeal the "journalist exception" to the provision that otherwise makes confidential the records a sheriff possesses regarding concealed handgun licenses and applications for such licenses; and to amend the version of section 2923.129 of the Revised Code that is scheduled to take effect September 29, 2007, to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.69, 2923.12, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1212, and 2923.16 of the Revised Code be amended to read as follows:
Sec. 1547.69. (A) As used in this section:
(1)
"Firearm"
and
"handgun" have the same
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
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
authorized in
divisions
(D)(C)(1)
and (2) of section 2923.12 of the
Revised Code are affirmative
defenses to a charge under division
(C) or (D) of this section that involves a firearm other than a handgun. It is an affirmative defense to a charge under division (C) or (D) of this section of transporting or having a firearm of any type, including a handgun, in a vessel that the actor transported or had the firearm in the vessel for any lawful purpose and while the vessel was on the actor's own property, provided that this affirmative defense is not available unless the actor, prior to arriving at the vessel on the actor's own property, did not transport or possess the firearm in the vessel or in a motor vehicle in a manner prohibited by this section or division (B) or (C) of section 2923.16 of the Revised Code while the vessel was being operated on a waterway that was not on the actor's own property or while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
(2) No person who is charged with a violation of division
(C) or (D) of this section shall be required to obtain a license
or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 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
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)(1) This section does not apply to any of the following:
(a) An officer, agent, or
employee of this or any other state or of the United States, or
to a law enforcement officer, when authorized to carry or have
loaded or accessible firearms in a vessel and acting within the
scope of the officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is authorized to carry or have loaded or accessible firearms in a vessel, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (H)(1)(b) of this section does not apply to the person;
(c) Any person legally engaged in hunting.
(2) Division (B) of this section does not apply to a person who discharges a firearm in self-defense while in or on a vessel.
(3) Divisions (C) and
(D) of this
section do not
apply to a any of the following:
(a) 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, who has been issued a license or temporary emergency license to carry a concealed
handgun issued to the person under section 2923.125 or 2923.1213 of the
Revised
Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, unless
the person whose license or temporary emergency license issued as described in this division is valid at the time of the alleged transportation or possession of the handgun, and who at the time of the alleged transportation or possession of the handgun is not
knowingly is in a place on the vessel
described in
division
(B) of section 2923.126 of the
Revised
Code. The exemption provided in division (H)(3)(a) of this section applies to a person who has been issued a license or temporary emergency license as described in division (H)(3)(a) of this section and who satisfies the criteria specified for the exemption regardless of whether the person, at the time of the alleged transportation or possession of the handgun, is carrying that license or temporary emergency license.
(b) A person who transports or possesses a handgun in a vessel and who, at the time of the alleged transportation or possession of the handgun, is legally permitted to purchase a firearm under the laws of this state and the United States, would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun at that time, and is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code. For purposes of division (H)(3)(b) of this section, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(I) If a law enforcement officer stops a vessel for a violation of this section or any other law enforcement purpose, if any person on the vessel surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.
Sec. 2923.12. (A) No person shall knowingly carry or
have,
concealed on
the person's person or concealed
ready at
hand, any
of the following:
(1) A deadly weapon
other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.
(B) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code shall do any of the following:
(1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;
(2) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
(3) If the person is stopped for a law enforcement purpose, if the person is carrying a concealed handgun, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, pocket, or other place in which the person is carrying it, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
(4) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
(C)(1) 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 to a
law enforcement officer, who is authorized to carry concealed weapons
or
dangerous ordnance or is authorized to carry handguns and is acting within the scope of the officer's, agent's, or employee's
duties;
(b) Any person who is employed in this state, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (C)(B)(1)(b) of this section does not apply to the person.
(2) Division (A)(2) of this
section does not apply to any of the following:
(a) A person who, at
the time of the
alleged carrying or
possession of a handgun, is
carrying a valid has been issued a
license or temporary emergency license to carry a
concealed handgun issued to
the person under
section
2923.125 or 2923.1213 of
the Revised
Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, unless the
person whose license or temporary emergency license issued as described in this division is valid at the time of the alleged carrying or possession of a handgun, and who at the time of the alleged carrying or possession of the handgun is not
knowingly
is in a place
described in division
(B) of
section 2923.126 of the
Revised
Code. The exemption provided in division (B)(2)(a) of this section applies to a person who has been issued a license or temporary emergency license as described in division (B)(2)(a) of this section and who satisfies the other criteria specified for the exemption regardless of whether the person, at the time of the alleged carrying or possession of the handgun, is carrying that license or temporary emergency license.
(b) A person who, at the time of the alleged carrying or possession of a handgun, is legally permitted to purchase a firearm under the laws of this state and the United States, would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun at that time, and is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code. For purposes of division (B)(2)(b) of this section, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(D)(C) It is an affirmative defense to a charge under division (A)(1) of this
section of carrying or having control of a weapon other than a handgun and other than a
dangerous ordnance that the actor was not otherwise prohibited
by
law from having the weapon and that any of the following
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
a character or was
necessarily
carried on in
a manner or at
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, a member of the actor's
family, or
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,
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.
(E)(D) It is an affirmative defense to a charge under division (A) of this section of carrying or having control of a handgun other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the handgun and that the handgun was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home, provided that this affirmative defense is not available unless the actor, prior to arriving at the actor's own home, did not transport or possess the handgun in a motor vehicle in a manner prohibited by division (B) or (C) of section 2923.16 of the Revised Code while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
(F)(E) No person who is charged with a violation of this
section shall be required to obtain a license or temporary emergency license to carry a concealed
handgun under section 2923.125 or 2923.1213 of the Revised Code as a condition
for the dismissal of the charge.
(G)(1)(F) Whoever violates this
section is guilty of carrying
concealed weapons. Except as otherwise provided in this division or division (G)(2) of this section, carrying concealed weapons in violation of division (A) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division or division (G)(2) of this section, 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 in violation of division (A) of this section is a felony of the
fourth
degree. Except as otherwise provided in division (G)(2) of this section, if 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, carrying concealed weapons
in violation of division (A) of this section is a
felony of the
third degree.
(2) If a person being arrested for a violation of division (A)(2) of this section promptly produces a valid license or temporary emergency license to carry a concealed handgun issued under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, and if at the time of the violation the person was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce any of those types of license and if the person is not in a place described in that section, the officer may arrest the person for a violation of that division, and the offender shall be punished as follows:
(a) The offender shall be guilty of a minor misdemeanor if both of the following apply:
(i) Within ten days after the arrest, the offender presents a license or temporary emergency license to carry a concealed handgun issued under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.
(ii) At the time of the arrest, the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code.
(b) The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars if all of the following apply:
(i) The offender previously had been issued a license to carry a concealed handgun under section 2923.125 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and that was similar in nature to a license issued under section 2923.125 of the Revised Code, and that license expired within the two years immediately preceding the arrest.
(ii) Within forty-five days after the arrest, the offender presents any type of license identified in division (G)(2)(a)(i) of this section to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender's right to a speedy trial on the charge of the violation that is provided in section 2945.71 of the Revised Code.
(iii) At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code.
(c) If neither division (G)(2)(a) nor (b) of this section applies, the offender shall be punished under division (G)(1) of this section.
(3) Carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender's license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.
(4) Carrying concealed weapons in violation of division (B)(2) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(2) or (4) of this section, a felony of the fifth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (B)(2) or (4) of this section, the offender's license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.
(5) Carrying concealed weapons in violation of division (B)(3) of this section is a felony of the fifth degree.
(H)(G) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.
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)(1) 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 deadly weapons or
dangerous ordnance and is acting within the scope of the officer's, agent's, or employee's duties,
a 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
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;
(b) Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(b) of this section does not apply to the person.
(2) 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.
(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
(a) The person does not enter into a school building or onto school premises and is not at a school activity.
(b) One of the following applies:
(i) The person
is carrying has been issued a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, and the person's license or temporary emergency license issued as described in this division is valid at the time of the conveyance, attempted conveyance, or possession of the handgun. The exemption provided in division (D)(3) of this section applies to a person who has been issued a license or temporary emergency license as described in division (D)(3)(b)(i) of this section and who satisfies the other criteria specified for the exemption regardless of whether the person, at the time of the conveyance, attempted conveyance, or possession of the handgun, is carrying that license or temporary emergency license.
(ii) At the time of the conveyance, attempted conveyance, or possession of the handgun, the person is legally permitted to purchase a firearm under the laws of this state and the United States, and the person would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun at that time. For purposes of division (D)(3)(b)(ii) of this section, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in division (B)(1) or (B)(3) to (10)(6) 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. 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) Except as provided in division (E) of this section, a judge of a court of record of this state or a
magistrate;
(2) A peace officer, officer of a law enforcement agency, or person who is in either of the following categories:
(a) Except as provided in division (E) of this section, 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;
(b) Except as provided in division (E) of this section, a person who is employed in this state, 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 person's duties, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (C)(2)(b) of this section does not apply to the person.
(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) Except as provided in division (E) of this section, 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;
(5) Except as provided in division (E) of this section, 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;
(6)(a) Except as provided in division (E) of this section and subject to division (C)(6)(b) of this section, 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 or temporary emergency license to carry a concealed
handgun
issued to the person under section 2923.125 or 2923.1213 of the Revised
Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 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, and to whom either of the following applies:
(i) The person has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.68 of the Revised Code, and the person's license or temporary emergency license issued as described in division (C)(6)(a)(i) of this section is valid at the time of the conveyance or attempted conveyance of the handgun. The exemption provided in division (C)(6)(a) of this section applies to a person who has been issued a license or temporary emergency license as described in division (C)(6)(a)(i) of this section and who satisfies the other criteria specified for the exemption regardless of whether the person, at the time of the conveyance or attempted conveyance of the handgun, is carrying that license or temporary emergency license.
(ii) At the time of the conveyance or attempted conveyance of the handgun, the person is legally permitted to purchase a firearm under the law of this state and the United States, and the person would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun at that time. For purposes of division (C)(6)(a)(ii) of this section, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(b) The
officer to whom a person transfers possession of a handgun under division (C)(6)(a) of this section shall secure the handgun so transferred until the
licensee person who transferred the handgun is
prepared to
leave the premises. The exemption described in this division (C)(6)(a) of this section applies only if the officer who has charge of the courthouse or building provides services of the nature described in this division and division (C)(6)(a) of this section. An officer who has charge of the courthouse or building is not required to offer services of the nature described in this division and division (C)(6)(a) of this section.
(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) The exemptions described in divisions (C)(1), (2)(a), (2)(b), (4), (5), and (6) of this section do not apply to any judge, magistrate, peace officer, officer of a law enforcement agency, bailiff, deputy bailiff, prosecutor, secret service officer, or other person described in any of those divisions if 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.
(F) 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 2923.1213
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 and, except when the context clearly indicates otherwise, includes a person to whom a temporary emergency license to carry a concealed handgun has been issued under section 2923.1213 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 or temporary emergency license to carry a concealed
handgun that has been issued under section 2923.125 or 2923.1213 of the Revised
Code, that is currently valid, that is not under a suspension
under division (A)(1) of section 2923.128 or under section 2923.1213 of the Revised Code, and
that has not been revoked under division (B)(1) of section
2923.128 or under section 2923.1213 of the Revised Code.
(I) "Civil protection order" means a protection order issued, or consent agreement approved, under section 2903.214 or 3113.31 of the Revised Code.
(J) "Temporary protection order" means a protection order issued under section 2903.213 or 2919.26 of the Revised Code.
(K) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.
(L) "Child day-care center," "type A family day-care home" and "type B family day-care home" have the same meanings as in section 5104.01 of the Revised Code.
(M) "Type C family day-care home" means a family day-care home authorized to provide child care by Sub. H.B. 62 of the 121st general assembly, as amended by Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407 of the 123rd general assembly.
(N) "Foreign air transportation," "interstate air transportation," and "intrastate air transportation" have the same meanings as in 49 U.S.C. 40102, as now or hereafter amended.
(O) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code.
(P) "Motor carrier enforcement unit" has the same meaning as in section 2923.16 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, as provided in division (I) of this section, 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. A sheriff shall accept a completed application form and the fee, items, materials, and information specified in divisions (B)(1) to (5) of this section at the times and in the manners described in division (I) of this section.
(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, or a retired federal law enforcement officer
who, prior to
retirement, was authorized under federal law to
carry a firearm in
the course of duty, unless the retired peace officer, person, or federal law enforcement
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) One or more of the following
competency
certifications, each of which shall reflect that, regarding a certification described in division (B)(3)(a), (b), (c), (e), or (f) of this section, within
the three
years immediately preceding the application the
applicant has
performed that to which the competency certification
relates and that, regarding a certification described in division (B)(3)(d) of this section, the applicant currently is an active or reserve member of the armed forces of the United States or within the six years immediately preceding the application the honorable discharge or retirement to which the competency certification relates occurred:
(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 satisfies all of the following criteria:
(i) It was open to
members of the general public.
(ii) It 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.
(iii) It 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.
(iv) It 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, was honorably discharged
from military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol, or is a retired peace officer or federal law enforcement 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;
(ii) That, through participation in the military service or through the former employment 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.
(4) A certification by the applicant that the applicant has read the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters.
(5) A set of fingerprints of the applicant provided as described in section 311.41 of the Revised Code through use of an electronic fingerprint reading device or, if the sheriff to whom the application is submitted does not possess and does not have ready access to the use of such a reading device, on a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code.
(C) Upon receipt of an applicant's completed application
form, supporting documentation, and, if not waived, license fee, a
sheriff, in the manner specified in section 311.41 of the Revised Code, shall conduct or cause to be
conducted the criminal
records check and the incompetency 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 a sheriff's receipt of an
applicant's
completed application form for a license to carry a
concealed
handgun, the supporting documentation, and, if not
waived, the license
fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a
license to carry a
concealed handgun that shall expire as described in division (D)(2)(a) of this section if all of the
following apply:
(a) The applicant is legally living in the United States, has been a resident of this state for at
least forty-five days, and has been 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 or pleaded guilty
to a felony or 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; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be 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; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing 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 or pleaded guilty to 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; and has not been adjudicated a delinquent child for committing 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 for committing an act that if committed by an adult would be 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 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
adjudicated a delinquent child for committing a violation of section 2921.33 of
the Revised Code.
(i) The applicant has not been adjudicated as a mental defective, has not been committed to any mental institution, is not under adjudication of mental incompetence, has not been found by a court to be a mentally ill person subject to hospitalization by court order, and is not an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(j) The applicant is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state.
(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 and submits a certification of the type described in division (B)(4) of this section regarding the applicant's reading of the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a license to carry a concealed handgun, or a temporary emergency license to carry a concealed handgun, that previously was issued to the applicant under this section or section 2923.1213 of the Revised Code.
(2)(a) A license to carry a concealed handgun that a sheriff issues under division (D)(1) of this section on or after the effective date of this amendment March 14, 2007, shall expire five years after the date of issuance. A license to carry a concealed handgun that a sheriff issued under division (D)(1) of this section prior to the effective date of this amendment March 14, 2007, shall expire four years after the date of issuance.
If a sheriff issues a license under this section, the sheriff shall place on the license a unique combination of letters and numbers identifying the license in accordance with the procedure prescribed by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code.
(b) 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. The applicant may appeal the denial pursuant to section 119.12 of the Revised Code in the county served by the sheriff who denied the application. If the denial was as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if, pursuant to section 2923.127 of the Revised Code, the applicant challenges the criminal records check results using the appropriate challenge and review procedure specified in that section, the time for filing the appeal pursuant to section 119.12 of the Revised Code and this division is tolled during the pendency of the request or the challenge and review. If the court in an appeal under section 119.12 of the Revised Code and this division enters a judgment sustaining the sheriff's refusal to grant to the applicant a license to carry a concealed handgun, the applicant may file a new application beginning one year after the judgment is entered. If the court enters a judgment in favor of the applicant, that judgment shall not restrict the authority of a sheriff to suspend or revoke the license pursuant to section 2923.128 or 2923.1213 of the Revised Code or to refuse to renew the license for any proper cause that may occur after the date the judgment is entered. In the appeal, the court shall have full power to dispose of all costs.
(3) If the sheriff with whom an application for a license to
carry a concealed handgun was filed under this section 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) If the sheriff determines that the applicant is legally living in the United States and 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.
(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. The sheriff, in accordance with the procedures prescribed in section 109.731 of the Revised Code, shall place on the replacement license a combination of identifying numbers different from the combination on the license that is being replaced.
(F) A licensee who wishes to renew a license to carry a
concealed handgun issued under this section shall do so not earlier than ninety days before the expiration date of the license and not later than 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, a certification by the applicant that, subsequent to the issuance of the license, the applicant has reread the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters, a new set of fingerprints provided in the manner specified in division (B)(5) of this section regarding initial applications for a license to carry a concealed handgun, and a nonrefundable
license
renewal fee unless the fee is waived. The licensee also shall submit a competency certification of the type described in division (B)(3) of this section that is not older than six years or a renewed competency certification of the type described in division (G)(4) of this section that is not older than six years. A sheriff shall accept a completed renewal application and the fee, items, materials, and information specified in this division at the times and in the manners described in division (I) of this section.
Upon receipt of a completed renewal application, color
photograph, certification that the applicant has reread the specified pamphlet prepared by the Ohio peace officer training commission, new set of fingerprints, competency certification or renewed competency certification, and license renewal fee unless the fee is waived, a
sheriff, in the manner specified in section 311.41 of the Revised Code shall conduct or
cause to be conducted the criminal
records check and the incompetency 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, except that the applicant is not required to submit a renewed competency certification only in the circumstances described in division (G)(4) of this section for renewal. A
renewed license that is renewed on or after the effective date of this amendment March 14, 2007, shall expire five years after the date of issuance, and a renewed license that is renewed prior to the effective date of this amendment March 14, 2007, shall expire
four years after the date of issuance. A renewed license 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 (4)
of this section when the
circumstances described in those
divisions apply to a requested
license renewal. If a sheriff denies the renewal of a license to carry a concealed handgun, the applicant may appeal the denial, or challenge the criminal record check results that were the basis of the denial if applicable, in the same manner as specified in division (D)(2)(b) of this section and in section 2923.127 of the Revised Code, regarding the denial of a license under this section.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each person who takes the course, class, or program a copy of the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters. Each such course, class, or program described in one of those divisions 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) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for handguns and ammunition;
(ii) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii) The ability to demonstrate the knowledge, skills, and
attitude necessary to shoot a handgun in a safe manner;
(iv) Gun handling
training.
(b) At least two hours of training that consists of range time and live-fire 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 attitude 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 be dated and shall attest that the
course, class, or program the applicant successfully completed met
the requirements described in division (G)(1) of this section and that the applicant passed the competency examination described in division (G)(2) of this section.
(4) A person who has received a competency certification as described in division (B)(3) of this section, or who previously has received a renewed competency certification as described in this division, may obtain a renewed competency certification pursuant to this division. If the person has received a competency certification within the preceding six years, or previously has received a renewed competency certification within the preceding six years, the person may obtain a renewed competency certification from an entity that offers a course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section by passing a competency examination of the type described in division (G)(2) of this section. In these circumstances, the person is not required to attend the course, class, or program in order to be eligible to take the competency examination for the renewed competency certification. If more than six years has elapsed since the person last received a competency certification or a renewed competency certification, in order for the person to obtain a renewed competency certification, the person shall both satisfactorily complete a course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section and pass a competency examination of the type described in division (G)(2) of this section. A renewed competency certification issued under this division shall be dated and shall attest that the applicant passed the competency examination of the type described in division (G)(2) of this section and, if applicable, that the person successfully completed a course, class, or program that met the requirements described in division (G)(1) of this section.
(H) Upon deciding to issue a license, deciding to issue a replacement license, or deciding to renew a license to carry a concealed handgun pursuant to this section, and before actually issuing or renewing the license, the sheriff shall make available through the law enforcement automated data system all information contained on the license. If the license subsequently is suspended under division (A)(1) or (2) of section 2923.128 of the Revised Code, revoked pursuant to division (B)(1) of section 2923.128 of the Revised Code, or lost or destroyed, the sheriff also shall make available through the law enforcement automated data system a notation of that fact. The superintendent of the state highway patrol shall ensure that the law enforcement automated data system is so configured as to permit the transmission through the system of the information specified in this division.
(I) A sheriff shall accept a completed application form or renewal application, and the fee, items, materials, and information specified in divisions (B)(1) to (5) or division (F) of this section, whichever is applicable, and shall provide an application form or renewal application and a copy of the pamphlet described in division (B) of section 109.731 of the Revised Code to any person during at least fifteen hours a week. The sheriff shall post notice of the hours during which the sheriff is available to accept or provide the information described in this division.
Sec. 2923.126. (A)(1) A license to carry a concealed handgun
that is issued under section 2923.125 of the Revised Code on or after the effective date of this amendment March 14, 2007, shall expire five years after the date of issuance, and a license that is so issued prior to the effective date of this amendment March 14, 2007, shall
expire four years after the date of issuance. A licensee who has been issued a license under that section 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, a licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code
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 authority to carry a concealed handgun granted under this division applies to a licensee who has been issued a license or temporary emergency license as described in this division regardless of whether the licensee is carrying that license or temporary emergency license when 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 licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee
is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that
the licensee has been issued a license or temporary emergency license to carry a concealed
handgun and that the licensee currently possesses or has a loaded
handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. Additionally, if a licensee is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.04 of the Revised Code and if the licensee is transporting or has a loaded handgun in the commercial motor vehicle at that time, the licensee shall promptly inform the employee of the unit who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun.
If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.
(2) A person who is legally permitted to purchase a firearm under the laws of this state and the United States and who would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun may carry a concealed handgun anywhere in this state, in the same manner and to the same extent as if the person had been issued a license to carry a concealed handgun under section 2923.125 of the Revised Code. The restrictions specified in divisions (B) and (C) of this section that limit the authority of a licensee to carry a concealed handgun also apply to a person who is granted authority under this division to carry a concealed handgun. For purposes of this division, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(B) A valid license issued under section 2923.125 or 2923.1213 of the Revised Code does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry
a concealed handgun into any of the following places:
(1) 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) Any premises owned or leased by 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 child day-care center, a type A family day-care home, a type B family day-care home, or a type C family day-care home, except that this division does not prohibit a licensee who resides in a type A family day-care home, a type B family day-care home, or a type C family day-care home from carrying a concealed handgun at any time in any part of the home that is not dedicated or used for day-care purposes, or from carrying a concealed handgun in a part of the home that is dedicated or used for day-care purposes at any time during which no children, other than children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft;
(9) Any building that is owned by this state or any political subdivision of this state, and all portions of any building that is not owned by any governmental entity listed in this division but that is leased by such a governmental entity listed in this division;
(10)(6)
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. 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) 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.
(b) A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in section 2744.01 of the Revised Code.
(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 that is recognized by the attorney general pursuant to a reciprocity agreement entered into pursuant to section 109.69 of the Revised Code 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.
(E) A peace officer 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. For purposes of reciprocity with other states, a peace officer shall be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section 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. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section shall be considered to be a licensee in this state.
(2)(a) Each public agency of this state or of a political subdivision of this state that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
(ii) Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of fifteen years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
(v) The person has a nonforfeitable right to benefits under the retirement plan of that agency.
(b) A retired peace officer identification card issued to a person under division (F)(2)(a) of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this state from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section. In addition to the required content specified in this division, a retired peace officer identification card issued to a person under division (F)(2)(a) of this section may include the firearms requalification certification described in division (F)(3) of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with division (F)(2)(a) of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED."
(c) A public agency of this state or of a political subdivision of this state may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code. The retired peace officer may be required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of division (F) of this section for one year from the date on which the program was successfully completed, and the requalification is valid during that one-year period. If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for one year from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under division (F)(2) of this section.
A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code may be required to pay the cost of the program.
(4) As used in division (F) of this section:
(a) "Qualified retired peace officer" means a person who satisfies all of the following:
(i) The person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section.
(ii) The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(iii) The person is not prohibited by federal law from receiving firearms.
(b) "Retired peace officer identification card" means an identification card that is issued pursuant to division (F)(2) of this section to a person who is a retired peace officer.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid license issued under section 2923.125 or 2923.1213 of the Revised Code
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 or to a protection order issued by a court of another state that is substantially equivalent to a temporary protection order,
the
sheriff who
issued the license or temporary emergency license shall suspend it and shall
comply
with division
(A)(3) of this section upon becoming aware of
the
arrest, charge,
or protection order. Upon suspending the license or temporary emergency license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) 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 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)(a) of this
section or, subject to division (B) of this section, on the date
the appropriate court terminates the protection order
described in that division. If the suspension so ends, the
sheriff
shall return the license or temporary emergency license to the licensee.
(2)(a) If a licensee holding a valid license issued under section 2923.125 or 2923.1213 of the Revised Code is convicted of or pleads guilty to a misdemeanor violation of division (B)(1), (2), or (4) of section 2923.12 of the Revised Code or of division (E)(3), (4), or (6) of section 2923.16 of the Revised Code, the sheriff who issued the license or temporary emergency license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the conviction or guilty plea. Upon suspending the license or temporary emergency license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section shall be considered as beginning on the date that the licensee is convicted of or pleads guilty to the offense described in that division, irrespective of when the sheriff notifies the licensee under division (A)(3) of this section. If the The suspension is imposed for a misdemeanor violation of division (B)(1) or (2) of section 2923.12 of the Revised Code or of division (E)(3) or (4) of section 2923.16 of the Revised Code, it shall end of the date that is one year after the date that the licensee is convicted of or pleads guilty to that violation. If the suspension is imposed for a misdemeanor violation of division (B)(4) of section 2923.12 of the Revised Code or of division (E)(6) of section 2923.16 of the Revised Code, it shall end on the date that is two years after the date that the licensee is convicted of or pleads guilty to that violation the offense. If the licensee's license was issued under section 2923.125 of the Revised Code and the license remains valid after the suspension ends as described in this division, when the suspension ends, the sheriff shall return the license to the licensee. If the licensee's license was issued under section 2923.125 of the Revised Code and the license expires before the suspension ends as described in this division, or if the licensee's license was issued under section 2923.1213 of the Revised Code, the licensee is not eligible to apply for a new license under section 2923.125 or 2923.1213 of the Revised Code or to renew the license under section 2923.125 of the Revised Code until after the suspension ends as described in this division.
(3) Upon becoming aware of an arrest, charge, or
protection order described in
division (A)(1)(a) of this section with
respect to a licensee who was issued a license under section 2923.125 or 2923.1213 of the Revised Code, or a conviction of or plea of guilty to a misdemeanor offense described in division (A)(2)(a) of this section with respect to a licensee who was issued a license under either section,
the
sheriff who issued the licensee's
license or temporary emergency 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 or temporary emergency license has been suspended and
that the licensee is
required to
surrender the license or temporary emergency license at the
sheriff's office within
ten days of
the date on which the notice
was mailed. If the suspension is pursuant to division (A)(2) of this section, the notice shall identify the date on which the suspension ends.
(B)(1) A sheriff who issues a license or temporary emergency license to carry a concealed
handgun to a licensee under section 2923.125 or 2923.1213 of the Revised Code shall revoke the license or temporary emergency 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 or temporary emergency 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 or temporary emergency 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 or temporary emergency license was issued,
the licensee becomes subject to a civil protection order
or to a protection order issued by a court of another state that is substantially equivalent to a civil protection order.
(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 or temporary emergency license was issued, the
licensee is adjudicated as a mental defective or is committed to a mental institution.
(g) At the time of the issuance of the license or temporary emergency 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) Regarding a license issued under section 2923.125 of the Revised Code, 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 who was issued a license under section 2923.125 or 2923.1213 of the Revised Code, the sheriff who issued the license or temporary emergency 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 or temporary emergency 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 that are applicable to the licensee's type of license, the sheriff shall revoke the
license or temporary emergency license, notify the licensee of that fact, and require the
licensee to surrender the license or temporary emergency license. Upon revoking the license or temporary emergency license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
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 2923.1213 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 or the issuance, suspension, or revocation of a temporary emergency license to carry a concealed handgun;
(b) The failure to issue, renew, suspend, or revoke a license
to carry a concealed handgun or the failure to issue, suspend, or revoke a temporary emergency 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 or the issuance, suspension, or revocation of a temporary emergency 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 and makes a good faith effort in assessing the person in the competency examination conducted pursuant to division (G)(2) of section 2923.125 of the Revised Code.
(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) An entity that or instructor who provides a renewed competency certification of a type described in division (G)(4) 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 renewed competency certificate if all of the following apply:
(a) The entity or instructor makes a good faith effort in assessing the person in the competency examination conducted pursuant to division (G)(2) of section 2923.125 of the Revised Code.
(b) The entity or instructor did not issue the renewed competency certificate with malicious purpose, in bad faith, or in a wanton or reckless manner.
(5)
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, and Chapter 2744., 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 official duties while the
peace officer is off duty.
(B)(1) Notwithstanding section 149.43 of the Revised Code, except as provided in division (B)(2) of this section, the
records that a sheriff keeps relative to the issuance, renewal,
suspension, or revocation of a license to carry a concealed
handgun or the issuance, suspension, or revocation of a temporary emergency license to carry a concealed handgun, including, but not limited to, completed applications for
the issuance or renewal of a license, completed affidavits submitted regarding an application for a temporary emergency license, reports of criminal
records
checks and incompetency records checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
division (A) of section 311.41 of the Revised Code,
are
confidential and are not
public records. Except as provided in division (B)(2) of this section, no No person shall
release
or otherwise disseminate records that are confidential
under this
division unless required to do so pursuant to a court
order.
(2) Upon a written request made to a sheriff and signed by a journalist on or after the effective date of this section, the sheriff shall disclose to the journalist the name, county of residence, and date of birth of each person to whom the sheriff has issued a license or replacement license to carry a concealed handgun, renewed a license to carry a concealed handgun, or issued a temporary emergency license or replacement temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code. The request shall include the journalist's name and title, shall include the name and address of the journalist's employer, and shall state that disclosure of the information sought would be in the public interest.
As used in division (B)(2) of this section, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.
(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, 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 during the previous quarter of the calendar year, and the number of temporary emergency licenses to carry a concealed handgun that the sheriff issued, suspended, revoked, or denied 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. The information that is received by the commission under this division is a public record kept by the commission for the purposes of section 149.43 of the Revised Code.
(D) Law enforcement agencies may use the information a sheriff makes available through the use of the law enforcement automated data system pursuant to division (H) of section 2923.125 or division (B)(2) or (D) of section 2923.1213 of the Revised Code for law enforcement purposes only. The information is confidential and is not a public record. A person who releases or otherwise disseminates this information obtained through the law enforcement automated data system in a manner not described in this division is guilty of a violation of section 2913.04 of the Revised Code.
(E) Whoever violates division (B) of this section is
guilty of illegal release of confidential concealed handgun
license records, a felony of the fifth degree. In addition to any penalties imposed under Chapter 2929. of the Revised Code for a violation of division (B) of this section or a violation of section 2913.04 of the Revised Code described in division (D) of this section, if the offender is a sheriff, an employee of a sheriff, or any other public officer or employee, and if the violation was willful and deliberate, the offender shall be subject to a civil fine of one thousand dollars. Any person who is harmed by a violation of division (B) or (C) of this section or a violation of section 2913.04 of the Revised Code described in division (D) of this section has a private cause of action against the offender for any injury, death, or loss to person or property that is a proximate result of the violation and may recover court costs and attorney's fees related to the action.
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;
(8) The owner, administrator, or operator of a child day-care center, a type A family day-care home, a type B family day-care home, or a type C family day-care home;
(9) The officer of this state or of the political subdivision of this state, or the officer's designee, who has charge of a building that is owned by this state or the political subdivision of this state, or who has charge of the portion of a building that is not owned by any governmental entity listed in this division but that is leased by a governmental entity listed in this division.
(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. 2923.16. (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) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:
(1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies:
(a) The loaded handgun is in a holster on the person's person.
(b) The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun.
(c) The loaded handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked.
(2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer;
(3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and if the person is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, fail to do any of the following that is applicable:
(a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
(b) If the person is the driver or an occupant of a commercial motor vehicle stopped by an employee of the motor carrier enforcement unit for any of the defined purposes, fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.
(4) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
(5) If the person or is described in division (F)(5)(b) of this section, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose, if the person and who is transporting or has a loaded handgun in the motor vehicle in a manner authorized under division (E)(1) of this section, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves shall, while stopped, knowingly brandish the loaded handgun in a menacing manner while a law enforcement officer is approaching the vehicle or in a law enforcement officer's presence, knowingly threaten a law enforcement officer with the loaded handgun, knowingly point the loaded handgun at a law enforcement officer, or otherwise knowingly cause a law enforcement officer to believe that the person will cause or attempt to cause physical harm to a law enforcement officer with the handgun, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun engages in the conduct pursuant to and in accordance with directions given by the law enforcement officer;
(6) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
(F)(1) Divisions (A), (B), (C), and (E) of this section do 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, when authorized to carry or have loaded
or
accessible firearms in motor vehicles and acting within the
scope of the officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (F)(1)(b) of this section does not apply to the person.
(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
(F)(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) Division (A) of this section does not apply to a person who discharges a firearm in self-defense while in or on a motor vehicle.
(4) 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)(F)(4)(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)(F)(4)(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)(5) Divisions (B) and (C) of this section
do not apply to a any of the following:
(a) A
person who transports or possesses a handgun
in a motor vehicle if, at the time of that transportation
or possession, all of the following apply:
(a) The person transporting or possessing the handgun is
carrying a valid, who has been issued a license or temporary emergency license to carry a concealed
handgun issued to
the person under
section 2923.125 or 2923.1213 of the Revised
Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.
(b) The
person transporting or possessing the handgun, whose license or temporary emergency license issued as described in this division is valid at the time of the transportation or possession of the handgun, and who at the time of the transportation or possession of the handgun is not knowingly in a place described
in division (B) of
section 2923.126 of the
Revised Code. The exemption provided in division (F)(5)(a) of this section applies to a person who has been issued a license or temporary emergency license as described in division (F)(5)(a) of this section and who satisfies the other criteria specified for the exemption regardless of whether the person, at the time of the transportation or possession of the handgun, is carrying that license or temporary emergency license.
(c) One of the following applies:
(i) The handgun is in a holster on the person's person.
(ii) The handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun.
(iii) The handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked.
(b) A person who, at the time of the transportation or possession of the handgun, is legally permitted to purchase a firearm under the laws of this state and the United States, would meet all the requirements for a license to carry a concealed handgun under division (D)(1) of section 2923.125 of the Revised Code if the person had submitted an application for a license to carry a concealed handgun at that time, and is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code. For purposes of division (F)(5)(b) of this section, a person would meet the requirement for a license that is specified in division (D)(1)(l) of section 2923.125 of the Revised Code if the person has a competency certification of any type described in division (B)(3) of that section, and the person has read the pamphlet described in division (B)(4) of that section, regardless of whether the person has submitted to another person certifications of the types described in divisions (B)(3) and (4) of that section.
(G)(1) The affirmative defenses authorized in
divisions (D)(C)(1)and (2) of
section 2923.12 of the
Revised Code
are affirmative defenses to a charge under division
(B) or (C) of
this section that involves a firearm other than a handgun.
(2) It is an affirmative defense to a charge under division (B) or (C) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor's own property, provided that this affirmative defense is not available unless the person, prior to arriving at the actor's own property, did not transport or possess the firearm in a 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.
(H) No person who is charged with a violation of division
(B), (C), or (D) of this section shall be required to obtain a license
or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised
Code as a condition for the dismissal of the charge.
(I) Whoever violates this section is guilty of improperly
handling firearms in a motor vehicle. Violation of division (A)
of this section is a felony of the fourth degree.
Violation of division (C) of this section is a misdemeanor of the
fourth degree. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the person's person, a felony of the fourth degree. A violation of division (E)(3) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, the offender's license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (E)(1), (2), or (5) of this section is a felony of the fifth degree. A violation of division (E)(4) or (6) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(4) or (6) of this section, a felony of the fifth fourth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(4) or (6) of this section, the offender's license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (B) of this section is whichever of the following is applicable:
(1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree.
(2) If division (I)(1) of this section does not apply, a felony of the fourth degree.
(J) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.
(K) 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.
(6) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code.
(7) "Motor carrier enforcement unit" means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by section 5503.34 of the Revised Code.
Section 2. That existing sections 1547.69, 2923.12, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1212, and 2923.16 of the Revised Code are hereby repealed.
Section 3. That the version of section 2923.129 of the Revised Code that is scheduled to take effect September 29, 2007, be amended to read as follows:
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 2923.1213 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 or the issuance, suspension, or revocation of a temporary emergency license to carry a concealed handgun;
(b) The failure to issue, renew, suspend, or revoke a license
to carry a concealed handgun or the failure to issue, suspend, or revoke a temporary emergency 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 or the issuance, suspension, or revocation of a temporary emergency 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 and makes a good faith effort in assessing the person in the competency examination conducted pursuant to division (G)(2) of section 2923.125 of the Revised Code.
(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) An entity that or instructor who provides a renewed competency certification of a type described in division (G)(4) 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 renewed competency certificate if all of the following apply:
(a) The entity or instructor makes a good faith effort in assessing the person in the competency examination conducted pursuant to division (G)(2) of section 2923.125 of the Revised Code.
(b) The entity or instructor did not issue the renewed competency certificate with malicious purpose, in bad faith, or in a wanton or reckless manner.
(5)
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, and Chapter 2744., 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 official duties while the
peace officer is off duty.
(B)(1) Notwithstanding section 149.43 of the Revised Code, except as provided in division (B)(2) of this section, the
records that a sheriff keeps relative to the issuance, renewal,
suspension, or revocation of a license to carry a concealed
handgun or the issuance, suspension, or revocation of a temporary emergency license to carry a concealed handgun, including, but not limited to, completed applications for
the issuance or renewal of a license, completed affidavits submitted regarding an application for a temporary emergency license, reports of criminal
records
checks and incompetency records checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
division (A) of section 311.41 of the Revised Code,
are
confidential and are not
public records. Except as provided in division (B)(2) of this section, no No person shall
release
or otherwise disseminate records that are confidential
under this
division unless required to do so pursuant to a court
order.
(2)(a) A journalist, on or after April 8, 2004, may submit to a sheriff a signed, written request to view the name, county of residence, and date of birth of each person to whom the sheriff has issued a license or replacement license to carry a concealed handgun, renewed a license to carry a concealed handgun, or issued a temporary emergency license or replacement temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code, or a signed, written request to view the name, county of residence, and date of birth of each person for whom the sheriff has suspended or revoked a license to carry a concealed handgun or a temporary emergency license to carry a concealed handgun under section 2923.128 of the Revised Code. The request shall include the journalist's name and title, shall include the name and address of the journalist's employer, and shall state that disclosure of the information sought would be in the public interest. If a journalist submits a signed, written request to the sheriff to view the information described in this division, the sheriff shall grant the journalist's request. The journalist shall not copy the name, county of residence, or date of birth of each person to or for whom the sheriff has issued, suspended, or revoked a license described in this division.
(b) As used in division (B)(2) of this section, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.
(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, 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 during the previous quarter of the calendar year, and the number of temporary emergency licenses to carry a concealed handgun that the sheriff issued, suspended, revoked, or denied 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. The information that is received by the commission under this division is a public record kept by the commission for the purposes of section 149.43 of the Revised Code.
(D) Law enforcement agencies may use the information a sheriff makes available through the use of the law enforcement automated data system pursuant to division (H) of section 2923.125 or division (B)(2) or (D) of section 2923.1213 of the Revised Code for law enforcement purposes only. The information is confidential and is not a public record. A person who releases or otherwise disseminates this information obtained through the law enforcement automated data system in a manner not described in this division is guilty of a violation of section 2913.04 of the Revised Code.
(E) Whoever violates division (B) of this section is
guilty of illegal release of confidential concealed handgun
license records, a felony of the fifth degree. In addition to any penalties imposed under Chapter 2929. of the Revised Code for a violation of division (B) of this section or a violation of section 2913.04 of the Revised Code described in division (D) of this section, if the offender is a sheriff, an employee of a sheriff, or any other public officer or employee, and if the violation was willful and deliberate, the offender shall be subject to a civil fine of one thousand dollars. Any person who is harmed by a violation of division (B) or (C) of this section or a violation of section 2913.04 of the Revised Code described in division (D) of this section has a private cause of action against the offender for any injury, death, or loss to person or property that is a proximate result of the violation and may recover court costs and attorney's fees related to the action.
Section 4. That the existing version of section 2923.129 of the Revised Code that is to take effect September 29, 2007, is hereby repealed.
|
|