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.
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Sub. S. B. No. 184 As Concurred by the SenateAs Concurred by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Faber, Grendell, Niehaus, Stivers, Padgett, Carey, Goodman, Mumper, Clancy, Schuring, Schaffer, Schuler, Cafaro, Gardner, Austria, Seitz, Boccieri, Cates, Fedor, Harris, Spada, Wagoner, Wilson, Amstutz
Representatives Uecker, Peterson, Mandel, Dyer, Adams, Aslanides, Batchelder, Blessing, Bolon, Book, Brinkman, Coley, Collier, Combs, Core, Daniels, Dodd, Dolan, Domenick, Driehaus, Evans, Fessler, Flowers, Garrison, Gerberry, Gibbs, Goodwin, Goyal, Hagan, J., Hite, Hottinger, Huffman, Jones, McGregor, R., Mecklenborg, Oelslager, Okey, Otterman, J., Patton, Raussen, Reinhard, Sayre, Schindel, Schlichter, Schneider, Setzer, Stewart, J., Szollosi, Wachtmann, Webster, White, Widener, Yuko, Zehringer
A BILL
To amend sections 2307.60, 2901.05, 2923.12,
2923.121, 2923.122, 2923.125, 2923.126, 2923.128,
2923.129,
2923.1210,
2923.1212, 2923.1213,
2923.16, and 2929.14 and
to enact
sections
2307.601, 2901.09, and 2923.163 of the
Revised
Code
to bar recovery of damages in tort
actions
commenced by criminal offenders in
specified
circumstances even if the
offender has
not been
charged with or convicted of any offense
based on
the offender's criminal conduct;
to
create a
rebuttable presumption that a
person
acted in
self defense or defense of another when
using
defensive force that is
intended or likely
to
cause death or great bodily
harm to another if
the person against whom the
defensive force is
used is in the process of
entering or has
entered, unlawfully and without
privilege to do
so, the residence or vehicle
occupied by the
person using the defensive force; to
provide in
specified circumstances exemptions from illegal
possession of firearm in liquor
permit
premises
for the
principal permit holder and the holder's
agents and
employees who
are off-duty peace
officers; to relocate the
penalty for carrying
a
concealed
firearm in liquor permit
premises; to
provide an
exemption from
illegal conveyance or
possession or deadly weapon
or dangerous
ordnance in a school
safety zone for a concealed
carry licensee
immediately in the
process of
picking up or
dropping off a child; to
change
when a
concealed
carry licensee
cannot carry in
a
government facility;
to
specify
that a
concealed carry licensee's
carrying of a
concealed
handgun on a
private, posted parking
lot
is not
criminal
trespass; to
conform
the
OVI-related portion of
improperly
handling
firearms
in a
motor vehicle to R.C. 4511.19;
to
revise
how a concealed
carry
licensee may carry
a handgun in
a
vehicle;
to specify
when
carrying concealed weapons does not
apply
to
transporting
or
storing a firearm in a motor
vehicle
or storing
or
possessing a
firearm in
the home; to redefine
"unloaded" for
purposes of
improperly handling firearms in a
motor vehicle
and
to
revise the
elements of that offense as
they
apply to an
unloaded
firearm; to
alter
the requirements for renewing
a
concealed carry
license; to
provide that an
applicant's
convictions or
delinquent child
adjudications
that
are sealed
or expunged or
for which relief
from
disability has
been
granted cannot be
considered in
determining
eligibility
for
a
concealed handgun
license or
whether to suspend
or
revoke such
a license; to
remove
the
requirement for a
retired peace
officer
identification card
that
the officer
have a
nonforfeitable right to
retirement
benefits; to
provide that a
retired
police
officer's
successful
completion of a
firearms
requalification program requalifies the
peace
officer for five
years for purposes of
obtaining
the rights
of a concealed carry
licensee; to
prohibit a
landlord from
prohibiting a concealed
carry
licensee who is a
tenant or guest from
lawfully
carrying
or
possessing
handguns in
residential
premises; to require that
the
integrity
and identity of a firearm seized from a
person by
a law
enforcement officer be
maintained so that if returned it
can be
identified and returned in the same condition as
when
seized; to
require a court that finds that
a law enforcement
officer failed
to return a
seized firearm upon demand and that
orders the
officer
to return it to the person to award
reasonable
costs and
attorney's fees to the
person who sought the order; to
make
other
firearms law-related
changes; to prohibit the
imposition of a gun specification prison term if
the base offense
is any of three specified
firearms-related offenses;
and to remove
current
sentencing restrictions and
impose new
sentencing
requirements when a court
sentences
an offender convicted of
multiple
felonies and
multiple gun specifications.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2307.60, 2901.05, 2923.12, 2923.121,
2923.122,
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210,
2923.1212,
2923.1213, 2923.16, and 2929.14 be
amended and
sections 2307.601, 2901.09, and 2923.163 of the Revised
Code be
enacted to
read as follows:
Sec. 2307.60. (A)(1)
Anyone injured in person or property by
a
criminal act has, and
may recover full damages in, a civil
action
unless specifically excepted by
law, may recover the costs
of
maintaining the civil action and attorney's fees
if authorized
by
any provision of the Rules of Civil Procedure or another
section
of the Revised Code or under the common law of this state,
and may
recover
punitive or exemplary damages if authorized by
section
2315.21 or another
section of the Revised Code.
(2) A final judgment of a trial court that has not been
reversed on appeal or otherwise set aside, nullified, or vacated,
entered after a trial or upon a plea of guilty, but not upon a
plea of no contest or the equivalent plea from another
jurisdiction, that adjudges an offender guilty of an offense of
violence punishable by death or imprisonment in excess of one
year, when entered as evidence in any subsequent civil proceeding
based on the criminal act, shall preclude the offender from
denying in the subsequent civil proceeding any fact essential to
sustaining that judgment, unless the offender can demonstrate that
extraordinary circumstances prevented the offender from having a
full and fair opportunity to litigate the issue in the criminal
proceeding or other extraordinary circumstances justify affording
the offender an opportunity to relitigate the issue. The offender
may introduce evidence of the offender's pending appeal of the
final judgment of the trial court, if applicable, and the court
may consider that evidence in determining the liability of the
offender.
(B)(1) As used in division (B) of this section, "tort:
(a) "Tort action"
means a civil action for damages for
injury, death, or loss to
person or property other than a civil
action for damages for a
breach of contract or another agreement
between persons. "Tort
action" includes, but is not limited to, a
product liability
claim, as defined in section 2307.71 of the
Revised Code, and an
asbestos claim, as defined in section
2307.91 of the Revised Code,
an action for wrongful death under
Chapter 2125. of the
Revised
Code, and an action based on
derivative claims for relief.
(b) "Residence" has the same meaning as in section 2901.05 of
the Revised Code.
(2) Recovery on a claim for relief in a tort action is
barred
to any person or the person's legal representative if the any of
the following apply:
(a) The
person
has been convicted of or has pleaded guilty to
a felony, or
to a
misdemeanor that is an offense of violence,
arising out of
criminal conduct that was a proximate cause of the
injury or loss
for which relief is claimed in the tort action.
(3) Division (b) The person engaged in
conduct that, if
prosecuted, would constitute a felony, a
misdemeanor that is an
offense of violence, an attempt to commit a
felony, or an attempt
to commit a misdemeanor that is an offense
of violence and that
conduct was a proximate cause of the injury or loss for which
relief is claimed in the tort action, regardless of whether the
person has been convicted
of or pleaded guilty to or has been
charged with committing the
felony, the misdemeanor, or the
attempt to commit the felony or
misdemeanor.
(c) The person suffered the injury or loss for which relief
is claimed in the tort action as a proximate result of the victim
of conduct
that, if prosecuted, would constitute a
felony, a
misdemeanor
that is an offense of violence, an attempt to commit
a felony, or an attempt to commit a misdemeanor that is an offense
of violence acting against the person
in
self-defense, defense
of another, or defense of the victim's
residence, regardless of
whether the person has been convicted of
or pleaded guilty to or
has been charged with committing the
felony, the misdemeanor, or
the attempt to commit the felony or misdemeanor. Division
(B)(2)(c) of this section does not
apply if the person who
suffered the injury or loss, at the time
of the victim's act of
self-defense, defense of another, or
defense of residence, was an
innocent bystander who had no
connection with the underlying
conduct that prompted the victim's
exercise of self-defense,
defense of another, or defense of
residence.
(3) Recovery against a victim of conduct that, if prosecuted,
would constitute a felony, a misdemeanor
that is an offense of
violence, an attempt to commit a felony, or an attempt to commit a
misdemeanor that is an offense of violence, on a claim for relief
in a tort
action is barred to any
person or the person's legal
representative if conduct the person engaged in against that
victim was a proximate cause of the injury or loss
for which
relief is claimed
in the tort action and that conduct, if
prosecuted, would constitute a felony, a misdemeanor that is an
offense of violence, an attempt to commit a felony, or an attempt
to commit a misdemeanor that is an offense of violence, regardless
of whether the person has been
convicted of or pleaded guilty to
or has been charged with
committing the felony, the misdemeanor,
or the attempt to commit the felony or misdemeanor.
(4) Divisions (B)(1) to (3) of this section does
do not
apply to civil
claims based upon alleged intentionally
tortious
conduct, alleged
violations of the United States
Constitution, or
alleged
violations of statutes of the United
States pertaining to
civil
rights. For purposes of division (B)(4) of this section, a
person's act of self-defense, defense of another, or defense of
the person's residence does not constitute intentionally tortious
conduct.
Sec. 2307.601. (A) As used in this section:
(1) "Residence" and "vehicle" have the same meanings as in
section 2901.05 of the Revised Code.
(2) "Tort action" has the same meaning as in section 2307.60
of the Revised Code.
(B) For purposes of determining the potential liability of a
person in a tort action related to the person's use of force
alleged to be in self-defense, defense of another, or defense of
the person's residence, if the person lawfully is in that person's
residence, the person has no duty to retreat before using force in
self-defense, defense of another, or defense of that person's
residence, and, if the person lawfully is an occupant of that
person's vehicle or lawfully is an occupant in a vehicle owned by
an immediate family member of the person, the person has no duty
to retreat before using force in self-defense or defense of
another.
Sec. 2901.05. (A) Every person accused of an offense is
presumed innocent until proven guilty beyond a reasonable doubt,
and the burden of proof for all elements of the offense is upon
the prosecution. The burden of going forward with the evidence
of
an affirmative defense, and the burden of proof, by a
preponderance of the evidence, for an affirmative defense, is
upon
the accused.
(B)(1) Subject to division (B)(2) of this section, a person
is presumed to have acted in self defense or defense of another
when using defensive force that is intended or likely to cause
death or great bodily harm to another if the person against whom
the defensive force is used is in the process of unlawfully and
without privilege to do so entering, or has unlawfully and without
privilege to do so entered, the residence or vehicle occupied by
the person using the defensive force.
(2)(a) The presumption set forth in division (B)(1) of this
section does not apply if the person against whom the defensive
force is used has a right to be in, or is a lawful resident of,
the residence or vehicle.
(b) The presumption set forth in division (B)(1) of this
section does not apply if the person who uses the defensive force
uses it while in a residence or vehicle and the person is
unlawfully, and
without privilege to be, in that residence or
vehicle.
(3) The presumption set forth in division (B)(1) of this
section is a rebuttable presumption and may be rebutted by a
preponderance of the evidence.
(C) As part of its charge to the jury in a criminal case,
the
court shall read the definitions of "reasonable doubt" and
"proof
beyond a reasonable doubt," contained in division (D) of
this
section.
(C)(D) As used in this section, an:
(1) An "affirmative defense" is
either of the following:
(1)(a) A defense expressly designated as affirmative;
(2)(b) A defense involving an excuse or justification
peculiarly
within the knowledge of the accused, on which he the
accused can
fairly be required to adduce supporting evidence.
(2) "Dwelling" means a building or conveyance of any kind
that has a roof over it and that is designed to be occupied by
people lodging in the building or conveyance at night, regardless
of whether the building or conveyance is temporary or permanent or
is mobile or immobile. As used in this division, a building or
conveyance includes, but is not limited to, an attached porch, and
a building or conveyance with a roof over it includes, but is not
limited to, a tent.
(3) "Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiting as a guest.
(4) "Vehicle" means a conveyance of any kind, whether or not
motorized, that is designed to transport people or property.
(D)(E) "Reasonable doubt" is present when the jurors, after
they
have carefully considered and compared all the evidence,
cannot
say they are firmly convinced of the truth of the charge.
It is a
doubt based on reason and common sense. Reasonable doubt
is not
mere possible doubt, because everything relating to human
affairs
or depending on moral evidence is open to some possible
or
imaginary doubt. "Proof beyond a reasonable doubt" is proof
of
such character that an ordinary person would be willing to
rely
and act upon it in the most important of his the person's
own
affairs.
Sec. 2901.09. (A) As used in this section, "residence" and
"vehicle" have the same meanings as in section 2901.05 of the
Revised Code.
(B) For purposes of any section of the Revised Code that sets
forth a criminal offense, a person who lawfully is in that
person's
residence has no duty to retreat before using force in
self-defense, defense of another, or defense of that person's
residence, and a person who lawfully is an occupant of that
person's vehicle or who lawfully is an occupant in a vehicle owned
by an immediate family member of the person has no duty to retreat
before using force in self-defense or defense of another.
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)(1)(b) of
this section does not apply to the person;
(c) A person's transportation or storage of a firearm, other
than a firearm described in divisions (G) to (M) of section
2923.11 of the Revised Code, in a motor vehicle for any lawful
purpose if the firearm is not on the actor's person;
(d) A person's storage or possession of a firearm, other than
a firearm described in divisions (G) to (M) of section 2923.11 of
the Revised Code, in the actor's own home for any lawful purpose.
(2) Division (A)(2) of this
section does not apply to any
person who, at
the time of the
alleged carrying or
possession of a
handgun, 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, unless the
person
knowingly
is in a place
described in division
(B) of
section 2923.126 of the
Revised
Code.
(D) 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) 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) 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)(F)(1) Whoever violates this
section is guilty of carrying
concealed weapons. Except as otherwise provided in this division
or division (G)(F)(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)(F)(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)(F)(2) of this section, 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)(F)(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)(F)(2)(a) nor (b) of this section
applies, the offender shall be punished under division (G)(F)(1)
of this section.
(3) Carrying Except as otherwise provided in this division,
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. If, at the time of the stop of the offender for a law
enforcement purpose that was the basis of the violation, any law
enforcement officer involved with the stop had
actual knowledge
that the offender has been issued a license
or
temporary
emergency license to carry a concealed handgun,
carrying
concealed weapons in violation of division (B)(1) of this
section
is a minor misdemeanor, and the offender's license or
temporary
emergency license to carry a concealed handgun shall not
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. If a court orders a law
enforcement officer to return a firearm to a person pursuant to
the requirement set forth in this division, division (B) of
section 2923.163 of the Revised Code applies.
Sec. 2923.121. (A) No person shall possess a firearm in
any
room in which any person is consuming liquor is being dispensed in
premises for which
a D
permit has been issued under Chapter 4303.
of the Revised
Code
or in an open air arena for which a permit of
that nature has been issued.
(B)(1) This section does not apply to 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 firearms 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 firearms, 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 (B)(1)(b) of
this section does not apply to the person.;
(2) This section does not apply to any (c) Any room used for
the
accommodation of guests of a hotel, as defined in section
4301.01
of the Revised Code.;
(d) The principal holder of a D permit issued for premises or
an open
air arena under Chapter 4303. of the Revised Code while
in the premises or open air arena for which the permit was issued
if the principal holder of the D permit also possesses a valid
license or temporary emergency license to carry a concealed
handgun issued to the principal holder under section 2923.125 or
2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued to the principal holder by another state
with which the attorney general has entered into a reciprocity
agreement under section 109.69 of the Revised Code and as long as
the principal holder is not consuming liquor or under the
influence of alcohol or a drug of abuse, or any
agent
or
employee of that holder who also is a peace officer, as
defined
in section 2151.3515 of the Revised Code, who is off duty,
and
who otherwise is authorized to carry firearms while in the
course
of the officer's official duties and while in the premises
or
open air arena
for which the
permit was issued and as long as
the agent or employee of that holder is not consuming liquor or
under the influence of alcohol or a drug of abuse.
(e) Any person who 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 to the
person by another
state with which the attorney general has
entered into a
reciprocity agreement under section 109.69 of the
Revised Code and who possesses the firearm in a retail store with
D-6 and D-8 permits issued for that store under sections 4303.182
and 4303.184 of the Revised Code or a D-8 permit issued for that
store under section 4303.184 of the Revised Code, as
long as the
person is not consuming liquor or under the influence
of alcohol
or a drug of abuse.
(3)(2) This section does not prohibit any person who is a
member of a veteran's organization, as defined in section 2915.01
of the Revised Code, from possessing a rifle in any room in any
premises owned, leased, or otherwise under the control of the
veteran's organization, if the rifle is not loaded with live
ammunition and if the person otherwise is not prohibited by law
from having the rifle.
(4)(3) This section does not apply to any person possessing
or
displaying firearms in any room used to exhibit unloaded
firearms
for sale or trade in a soldiers' memorial established
pursuant to
Chapter 345. of the Revised Code, in a convention
center, or in
any other public meeting place, if the person is an
exhibitor,
trader, purchaser, or seller of firearms and is not
otherwise
prohibited by law from possessing, trading, purchasing,
or selling
the firearms.
(C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in liquor permit
premises that involves the possession of a firearm other than a
handgun, that the actor was not otherwise prohibited by law from
having the firearm, and that any of the following apply:
(1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
or
was going to or from the actor's lawful business or
occupation,
which business or occupation was of such character or was
necessarily
carried on in such manner or at such a time or place
as to render
the actor particularly susceptible to criminal
attack, such as
would justify a prudent person in going armed.
(2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
a
lawful activity, and had reasonable cause to fear a criminal
attack upon
the actor or a member of the actor's
family, or upon
the actor's home, such as
would justify a prudent person in going
armed.
(D) 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.
(E) Whoever violates this section is guilty of illegal
possession of a firearm in liquor permit premises,. Except as
otherwise provided in this division, illegal possession of a
firearm in liquor permit premises is a felony of the
fifth
degree.
If the offender commits the violation of this section by knowingly
carrying or having the firearm concealed on the offender's person
or concealed ready at hand, illegal possession of a firearm in
liquor permit premises is a felony of the third degree.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance
into a
school
safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object
in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the
object is capable of being fired.
(2) The person indicates
that the person possesses the
object
and that it is a firearm, or the person
knowingly displays
or
brandishes the object and indicates that it is a
firearm.
(D)(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) The person
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.
(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) of section 2923.126 of the
Revised Code.
(4) 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 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.
(b) The person is the driver or passenger in a motor vehicle
and is in the school
safety zone while immediately in the process
of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 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. 2923.125.
(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), or (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 Except as otherwise provided in division (D)(5) of
this section, 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 Except as otherwise provided in division (D)(5) of
this section, 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 Except as otherwise provided in division (D)(5) of
this section, 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.
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and if a court has ordered the sealing or expungement
of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to
2953.36 of the Revised Code or a court has granted the applicant
relief pursuant to section 2923.14 of the Revised Code from the
disability imposed pursuant to section 2923.13 of the Revised Code
relative to that conviction, guilty plea, or adjudication, the
sheriff with whom the application was submitted shall not consider
the conviction, guilty plea, or adjudication in making a
determination under division (D)(1) or (F) of this section or, in
relation to an application for a temporary emergency license to
carry a concealed handgun submitted under section 2923.1213 of the
Revised Code, in making a determination under division (B)(2) of
that section.
(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)(1) 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 or at any time 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,
and one of the following:
(a) If the licensee previously has not renewed a license to
carry a concealed handgun issued under this section, proof that
the
licensee also shall submit at one time had a competency
certification of the type
described in division (B)(3) of this
section that is not older
than six years or. A valid license
is
prima-facie evidence that the licensee at one time had a
competency certification of the type described in division (B)(3)
of this section.
(b) If the licensee previously has renewed a license to carry
a concealed handgun issued under this section, a renewed
competency certification of the type
described in division (G)(4)
of this section that is not older
than six years. A
(2) A sheriff shall accept a completed renewal
application
and, the license renewal fee, items, materials, and information
specified in this division (F)(1) of this section at the times and
in the manners
described in division (I) of this section. Upon
Upon
receipt of a completed renewal application, color
photograph, of certification that the applicant has reread the
specified
pamphlet prepared by the Ohio peace officer training
commission,
new set of fingerprints, of proof of a prior
competency
certification for an initial renewal or of a
renewed
competency
certification for a second or subsequent renewal, and
of a 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 meet the
requirements of division (G)(4) (D)(1)(l) of this section. 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 previously 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 previously
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 test that demonstrates that the person is range
competent. In
these circumstances, the person is not required to
attend the
course, class, or program in order to be eligible or
to take
the competency examination described in division (G)(2) of
this section for the renewed
competency certification in order to
be eligible to receive a 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 person has demonstrated range
competency.
(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) 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 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.
(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, if the licensee's carrying the
concealed handgun is 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 or open air arena
for which a D permit has
been issued under Chapter 4303. of the
Revised Code, if the
licensee's carrying the concealed handgun is 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 a government facility of
this state or any a 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 and that is not a
building that is used primarily as a
shelter, restroom, parking
facility for motor vehicles, or rest
facility and is not a
courthouse or other building or
structure in which a courtroom is
located that is subject to
division (B)(3) of this section;
(10)
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 (a) Except as provided in division (C)(3)(b) of this
section, 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 Except as otherwise provided in
this division, 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. If a
person knowingly violates a posted prohibition of that nature and
the posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of section 2911.21 of the Revised
Code and instead is subject only to a civil cause of action for
trespass based on the violation.
(b) A landlord may not prohibit or restrict a tenant who is a
licensee and who on or after the effective date of
this amendment
enters into a rental agreement with the landlord
for the use of
residential premises, and the tenant's guest while
the tenant is
present, from lawfully carrying or possessing a
handgun on those
residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises" does
not include a dwelling unit that is owned or operated by a college
or university.
(ii) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
(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)(iv) 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)(iv) 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)(iv) 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)(iv) 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
five years from the date on which the program was successfully
completed, and
the requalification is valid during that one-year
five-year period. If a
retired peace officer who satisfies the
criteria set forth in
divisions (F)(2)(a)(i) to (v)(iv) 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 five years 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)(G) As used in division (F) of this section:
(a)(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(i)(a) The person satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (v) of this section.
(ii)(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(iii)(c) The person is not prohibited by federal law from
receiving firearms.
(b)(2) "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.
(3) "Government facility of this state or a political
subdivision of this state" means any of the following:
(a) A building or part of a building
that is owned or leased
by the government of this state or a
political subdivision of
this state and where employees of the
government of this state or
the political subdivision regularly
are present for the purpose
of performing their official duties as
employees of the state or
political subdivision;
(b) The office of a deputy registrar serving pursuant
to
Chapter 4503. of the Revised Code that is used to perform
deputy
registrar functions.
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, except
as provided in division (A)(2)(c) of this section and subject to
division (C) of this section, 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 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 on 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. 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.
(c) The license of a licensee who is convicted of or pleads
guilty to a violation of division (B)(1) of section 2923.12 or
division (E)(3) of section 2923.16 of the Revised Code shall not
be suspended pursuant to division (A)(2)(a) of this section if, at
the time of the stop of the licensee for a law enforcement
purpose, for a traffic stop, or for a purpose defined in section
5503.34 of the Revised Code that was the basis of the violation,
any law enforcement officer involved with the stop or the employee
of the motor
carrier
enforcement unit who made the stop had
actual
knowledge of the licensee's status as a licensee.
(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 and with respect to which division (A)(2)(c)
of this section does not apply, subject to division (C) of this
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 Subject to division (C) of this section, 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 Subject to division (C) of this section, 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, subject to division (C) of this
section, 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.
(C) If 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 becomes aware that at
the time of the issuance of the license or temporary emergency
license the licensee had been convicted of or pleaded guilty to an
offense identified in division (D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code or had been adjudicated a delinquent
child for committing an act or violation identified in any of
those divisions or becomes aware that on or after the date on
which the license or temporary emergency license was issued the
licensee has been convicted of or pleaded guilty to an offense
identified in division (A)(2)(a) or (B)(1)(c) of this section, the
sheriff shall not consider that conviction, guilty plea, or
adjudication as having occurred for purposes of divisions (A)(2),
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered
the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a
court has granted the licensee relief pursuant to section 2923.14
of the Revised Code from the disability imposed pursuant to
section 2923.13 of the Revised Code relative to that conviction,
guilty plea, or adjudication.
(D) As used in this section, "motor carrier enforcement unit"
has the same meaning as in section 2923.16 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 physical demonstrations or the
competency examination conducted
pursuant to division (G)(2)(4)
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
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.
Sec. 2923.1210.
The application for a license to carry a
concealed handgun
or for the renewal of a license of that nature
that is to be used under
section 2923.125 of the Revised Code
shall conform substantially to
the following form:
"Ohio
Peace
Officer
Training
Commission |
|
APPLICATION FOR A LICENSE
TO CARRY A CONCEALED
HANDGUN |
|
|
|
|
Please Type or Print in Ink |
|
|
SECTION I. |
|
|
This application will not be processed unless all applicable
questions have been answered and until all required supporting documents
as described in division (B) or (F) of section 2923.125 of
the Ohio Revised Code and, unless waived, a cashier's check,
certified check, or money order in the amount of the
applicable license fee or license renewal fee have been submitted.
FEES ARE NONREFUNDABLE. |
|
|
Social Security Number: ...............................
Street |
City |
State |
County |
Zip |
............ |
............ |
............ |
........... |
............ |
Mailing Address (If Different
From Above):
Street |
City |
State |
Zip |
............ |
............ |
............ |
.............. |
Date of Birth |
|
Place of Birth |
|
Sex |
|
Race |
|
Residence Telephone |
...../..../.... |
|
............ |
|
.... |
|
..... |
|
(...)......... |
SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED
YES OR
NO
(1)(a) Are you legally living in the United States? |
|
....
YES |
|
....
NO |
(b) Have you been a resident of Ohio for at least forty-five
days and have you been a resident for thirty days of the county with whose
sheriff you are filing this application or of a county adjacent to that county? |
|
....
YES |
|
....
NO |
(2) Are you at least twenty-one years of age? |
|
....
YES |
|
....
NO |
(3) Are you a fugitive from justice? |
|
.... YES |
|
.... NO |
(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been
convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated
a delinquent child for committing an act that would be a felony if committed
by an adult? |
|
.... YES |
|
.... NO |
(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code,
have
you ever been convicted of or pleaded guilty to, an offense under
Chapter 2925., 3719., or 4729. of the Ohio Revised
Code that involves the illegal
possession, use, sale, administration, or distribution of or trafficking in a drug
of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing
an act that would be an offense of that nature if committed by an adult? |
|
.... YES |
|
.... NO |
(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code,
have
you been convicted of or pleaded guilty to within three years of the date of
this application, a misdemeanor that is an offense of violence or the
offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code,
have you been adjudicated a delinquent child within three years of the date of
this application for committing an act that would be a misdemeanor of that
nature if committed by an adult? |
|
.... YES |
|
.... NO |
(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
|
.... YES |
|
.... NO |
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
|
.... YES |
|
.... NO |
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
|
.... YES |
|
.... NO |
(c) Have Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
|
.... YES |
|
.... NO |
(9)(a) Have you ever been adjudicated as a mental defective? |
|
.... YES |
|
.... NO |
(b) Have you ever been committed to a mental institution? |
|
.... YES |
|
.... NO |
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state? |
|
.... YES |
|
.... NO |
(11) Are you currently 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 you? |
|
.... YES |
|
.... NO |
SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
Street |
City |
State |
County |
Zip |
.......... |
.......... |
.......... |
.......... |
.......... |
Dates of residence at this address |
|
Street |
City |
State |
County |
Zip |
.......... |
.......... |
.......... |
.......... |
.......... |
Dates of residence at this address |
|
Street |
City |
State |
County |
Zip |
.......... |
.......... |
.......... |
.......... |
.......... |
Dates of residence at this address |
|
Street |
City |
State |
County |
Zip |
.......... |
.......... |
.......... |
.......... |
.......... |
Dates of residence at this address |
|
YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
(1) Have you previously applied in any county in Ohio or in any other state for a license to carry a concealed handgun or a temporary emergency license to carry a concealed handgun? |
|
....
YES |
|
....
NO |
(2) If your answer to the question in part (1) of this section of
the application is "yes," you must complete this part by listing
each county in Ohio, and each other state, in which you previously
applied for either type of license and, to the best of your
knowledge, the date on which you made the application.
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
AN APPLICANT WHO KNOWINGLY
GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED
FOR FALSIFICATION TO OBTAIN A
CONCEALED HANDGUN
LICENSE, A FELONY
OF THE FOURTH DEGREE, IN
VIOLATION OF SECTION 2921.13 OF THE
OHIO
REVISED CODE.
(1) I have been furnished, and have read, the pamphlet that
explains the Ohio firearms
laws, that provides instruction in
dispute resolution and explains the Ohio laws related to that
matter, and that provides information regarding all aspects
of the use of deadly force with a firearm, and
I am
knowledgeable of the provisions of those laws and of the
information on those matters.
(2) I desire a legal means to carry a concealed handgun for
defense of myself or a member of my family while engaged in
lawful
activity.
(3) I have never been convicted of or pleaded guilty to a crime
of
violence in the state of Ohio or elsewhere (if you have been
convicted of or pleaded guilty to such a crime, but the
records of that conviction or guilty plea have been sealed or
expunged by court order or a court has granted relief
pursuant to section 2923.14 of the Revised Code from the
disability imposed pursuant to section 2923.13 of the Revised
Code relative to that conviction or guilty plea, you may
treat the conviction or guilty plea for purposes of this
paragraph as if it never had occurred). I am of
sound
mind. I
hereby certify that the statements contained
herein
are true
and correct to the best of my knowledge and
belief.
I
understand that if
I knowingly make any false
statements
herein
I am subject to penalties prescribed by law.
I
authorize the sheriff or the sheriff's designee to inspect
only those records or documents relevant to information
required
for this application.
(4) The information contained in this application and all
attached
documents are true and correct to the best of my
knowledge.
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 a political
subdivision
of this state, or the officer's designee, who has
charge of a
building that is owned by a government facility of
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,
as
defined in section 2923.126 of the Revised Code, and that is not a
building that is used primarily as a shelter, restroom, parking
facility for motor vehicles, or rest facility and is not a
courthouse or other building or structure in which a courtroom is
located that is subject to division (B)(3) of that section.
(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. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B)(1) A person seeking a temporary emergency license to
carry a concealed handgun shall submit to the sheriff of the
county in which the person resides all of the following:
(a) Evidence of imminent danger to the person or a member of
the person's family;
(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; 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 described in division (D)(1)(i) of
that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently 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 person;
(c) A temporary emergency license fee established by the Ohio
peace officer training commission for an amount that does not
exceed the actual cost of conducting the criminal background check
or thirty dollars;
(d) 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 an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately 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. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) of
section 2923.125 of the Revised Code apply regarding the person.
If the sheriff determines that all of criteria set forth in
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the
Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
sheriff shall immediately issue to the person a temporary
emergency license to carry a concealed handgun.
If the sheriff denies the issuance of a temporary emergency
license to the person, the sheriff shall specify the grounds for
the denial in a written notice to the person. The person may
appeal the denial, or challenge criminal records check results
that were the basis of the denial if applicable, in the same
manners specified in division (D)(2) of section 2923.125 and in
section 2923.127 of the Revised Code, regarding the denial of an
application for a license to carry a concealed handgun under that
section.
The temporary emergency license under this division shall be
in the form, and shall include all of the information, described
in divisions (A)(2) and (5) of section 109.731 of the Revised
Code, and also shall include a unique
combination of identifying
letters and numbers in accordance with division (A)(4) of that
section.
The temporary emergency license issued under this division is
valid for ninety days and may not be renewed. A person who has
been issued a temporary emergency license under this division
shall not be issued another temporary emergency license unless at
least four years has expired since the issuance of the prior
temporary emergency license.
(3) If a person seeking a temporary emergency license to
carry a concealed handgun has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the conviction, guilty plea, or adjudication shall
not be relevant for purposes of the sworn affidavit described in
division (B)(1)(b) of this section, and the person may complete,
and swear to the truth of, the affidavit as if the conviction,
guilty plea, or adjudication never had occurred.
(C) A person who holds a temporary emergency license to carry
a concealed handgun has the same right to carry a concealed
handgun as a person who was issued a license to carry a concealed
handgun under section 2923.125 of the Revised Code, and any
exceptions to the prohibitions contained in section 1547.69 and
sections 2923.12 to 2923.16 of the Revised Code for a licensee
under section 2923.125 of the Revised Code apply to a licensee
under this section. The person is subject to the same
restrictions, and to all other procedures, duties, and sanctions,
that apply to a person who carries a license issued under section
2923.125 of the Revised Code, other than the license renewal
procedures set forth in that section.
(D) A sheriff who issues a temporary emergency license to
carry a concealed handgun under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the
license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a
firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff
shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was
mailed. Division (H) of section 2923.125 of the
Revised Code applies regarding any suspension or revocation of a
temporary emergency license to carry a concealed handgun.
(E) A sheriff who issues a temporary emergency license to
carry a concealed handgun under this section shall retain, for the
entire period during which the temporary emergency license is in
effect, the evidence of imminent danger that the person submitted
to the sheriff and that was the basis for the license, or a copy
of that evidence, as appropriate.
(F) If a temporary emergency 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.
(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a temporary emergency license to carry a concealed
handgun on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a temporary emergency
license to carry a concealed handgun.
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 the person may lawfully possess that
firearm under applicable law of this state or the United States,
the firearm is unloaded, and the firearm 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 If the firearm is at least twenty-four inches in
overall length as measured from the muzzle to the part of the
stock furthest from the muzzle and if the barrel is at least
eighteen inches in length, either 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, a listed controlled
substance, or a listed metabolite of a controlled substance
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 vehicle console 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 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 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, 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;
(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) Divisions (B) and
(C) of this section do not
apply to a
person if all of the following circumstances apply:
(a) At the time of the alleged violation of
either of those
divisions, the person is the operator of or a passenger in
a motor
vehicle.
(b) The motor vehicle is on real property that is located in
an
unincorporated area of
a township and that either is zoned for
agriculture or is used for
agriculture.
(c) The person owns the real property described in division
(D)(3)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property.
(d) The person, prior to
arriving at the real property
described in division
(D)(3)(b) of this section, did not transport
or possess a
firearm in the motor vehicle in a manner prohibited
by division
(B) or
(C) of this section while the
motor vehicle was
being operated on a street, highway, or other
public or private
property used by the public for vehicular
traffic or parking.
(4) Divisions (B) and (C) of this section
do not apply to a
person who transports or possesses a handgun
in a motor vehicle
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 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 is not
knowingly in a place described
in division (B) of
section 2923.126
of the
Revised Code.
(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 vehicle console or in a case
that is locked.
(G)(1) The affirmative defenses authorized in
divisions
(D)(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, immediately 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 Except as
otherwise provided in this division, 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. If at the
time of the stop of the offender for a traffic stop, for another
law enforcement purpose, or for a purpose defined in section
5503.34 of the Revised Code that was the basis of the violation
any law enforcement officer involved with the stop or the employee
of the motor
carrier
enforcement unit who made the stop had
actual
knowledge of the offender's status as a licensee, a
violation of
division (E)(3) of this section is a minor
misdemeanor, and the
offender's license or temporary emergency
license to carry a
concealed handgun shall not 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
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. If a court orders a law
enforcement officer to return a firearm to a person pursuant to
the requirement set forth in this division, division (B) of
section 2923.163 of the Revised Code applies.
(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 any of the following:
(a) No ammunition is in the firearm in question, and no
ammunition is loaded into a magazine or speed loader that may be
used with the firearm in question and that is located anywhere
within the vehicle in question, without
regard to where
ammunition otherwise is located within the vehicle
in question.
(b) 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.
Sec. 2923.163. If a law enforcement officer stops a person
for any law enforcement purpose and the person voluntarily or
pursuant to a request or demand of the officer surrenders a
firearm to the officer, if a law enforcement officer stops a motor
vehicle for any purpose and a person in the motor vehicle
voluntarily or pursuant to a request or demand of the officer
surrenders a firearm to the officer, or if a law enforcement
officer otherwise seizes a firearm from a person, all of the
following apply:
(A) If the law enforcement officer does not return the
firearm to the person at the termination of the stop or otherwise
promptly return the firearm to the person after the seizure of the
firearm, the officer or other personnel at the officer's law
enforcement agency shall maintain the integrity and identity of
the firearm in such a manner so that if the firearm subsequently
is to be returned to the person it can be identified and returned
to the person in the same condition it was in when it was seized.
(B) If the law enforcement officer does not return the
firearm to the person at the termination of the stop or otherwise
promptly return the firearm to the person after the seizure of the
firearm, if a court finds that a law enforcement officer failed to
return the firearm to the person after the person has demanded the
return of the firearm from the officer, and if the court orders a
law enforcement officer to return the firearm to the person, in
addition to any other relief ordered, the court also shall award
reasonable costs and attorney's fees to the person who sought the
order to return the firearm.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of
this
section and except
in relation to an offense for which a
sentence
of death or life
imprisonment is to be imposed, if the
court
imposing a sentence
upon an offender for a felony elects or
is
required to impose a
prison term on the offender pursuant to
this
chapter, the court shall
impose a definite prison term that
shall
be one of the following:
(1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years.
(2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months.
(B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section
2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the
Revised Code, if the court
imposing a sentence upon an offender
for a felony elects or is
required to impose a prison term on the
offender, the court shall
impose the shortest prison term
authorized for the offense
pursuant to division (A) of this
section, unless
one or more
of
the following applies:
(1) The offender was serving a prison term at the time of
the
offense, or the offender previously had served a prison term.
(2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others.
(C) Except as provided in division (G) or (L) of this section
or in
Chapter 2925. of
the Revised Code, the court imposing a
sentence
upon an
offender for a felony may impose the longest
prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section.
(D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms:
(i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense;
(iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony.
(b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A Except as provided in division (D)(1)(g) of this section,
a court shall not
impose more than one prison term on an
offender
under
division (D)(1)(a) of this section for felonies
committed as
part of
the same act or transaction.
(c) Except as provided in division
(D)(1)(e)
of this
section,
if an offender who is convicted of or pleads
guilty to a
violation
of section 2923.161 of the
Revised
Code or to a felony
that
includes,
as an essential element, purposely or knowingly
causing
or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense.
(d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A
court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section.
(e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in division (D)(1)(a) or
(b) of this
section upon an offender for a violation of section
2923.122 that
involves a deadly weapon that is a firearm other
than a dangerous
ordnance, section 2923.16, or section 2923.121
of the Revised
Code. The court shall not
impose any of
the prison terms described
in
division
(D)(1)(a) of this section
or any of the additional
prison terms
described in division
(D)(1)(c) of this section
upon
an offender for a violation of
section 2923.13 of the
Revised Code
unless all of the following
apply:
(i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree.
(ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction If an
offender is convicted of or pleads guilty to two or more felonies
that include, as an essential element, causing or attempting to
cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (D)(1)(f) of this section in connection with two or more
of the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (D)(1)(f) of
this section for each of two of the specifications of which the
offender is convicted or to which the offender pleads guilty and,
in its discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications.
If a
court
imposes an
additional prison term on
an offender under
division
(D)(1)(f) of
this section relative to
an offense,
the
court
shall not impose a
prison term under
division (D)(1)(a)
or
(c)
of
this section
relative to the same
offense.
(g) If an offender is convicted of or pleads guilty to two
or more felonies, if one or more of those felonies is aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (D)(2)(b) of this section does not apply,
the
court
may impose on an offender, in addition to the longest
prison term
authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are inadequate to
punish
the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism.
(v) The court finds that the prison terms imposed pursuant to
division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the
offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the
applicable
factors under that
section indicating that the
offender's
conduct is
less serious
than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (DD)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20 or
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. The offender shall serve an
additional prison term imposed under this section consecutively to
and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3)(a) Except when an offender commits a
violation of
section
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for
the
violation is life imprisonment or commits a
violation of
section
2903.02 of the Revised Code, if the offender
commits a
violation of section 2925.03 or 2925.11 of
the Revised
Code and
that section classifies the offender as a major drug
offender and
requires the
imposition of a ten-year prison term on
the offender,
if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161,
4729.37, or
4729.61, division (C) or (D) of
section 3719.172,
division
(C) of section 4729.51, or division (J)
of section
4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the
exception of
marihuana, and the
court imposing
sentence upon the
offender finds
that the offender is guilty of a
specification of
the type
described in section 2941.1410 of the
Revised Code
charging
that the offender is a
major drug offender,
if the court
imposing sentence upon an offender for
a felony
finds
that the
offender is guilty
of corrupt activity with the
most
serious
offense in the pattern
of corrupt activity being a
felony
of the
first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (D)(4) of
this section, the
court also may sentence the offender to a
community
control sanction under
section 2929.16 or 2929.17 of the
Revised
Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A)
or (B) of section 4511.19 of the Revised Code or an
equivalent
offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the
court shall impose on the offender a
prison term of three years.
If a court imposes a prison term on an
offender under division
(D)(6) of this section, the prison term
shall not be reduced
pursuant to section 2929.20, section
2967.193, or any other
provision of Chapter 2967. or Chapter 5120.
of the Revised Code.
A
court shall not impose more than one prison
term on an offender
under division (D)(6) of this section for
felonies committed as
part of the same act.
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a
mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division
(B) of section 2921.331
of the Revised Code,
the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or
subsequently
imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following:
(a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense.
(b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison
term is imposed upon an
offender pursuant to division (D)(5) of
this section, and if a
mandatory prison term also is imposed upon
the offender pursuant
to division (D)(6) of this section in
relation to the same
violation, the offender shall serve the
mandatory prison term
imposed pursuant to division (D)(5) of this
section consecutively
to and prior to the mandatory prison term
imposed pursuant to
division (D)(6) of this section and
consecutively to and prior to
any prison term imposed for the
underlying violation of division
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term
to be
served is the aggregate of all of the terms so
imposed.
(F)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall
include in
the sentence a
requirement that the offender be subject
to a
period of
post-release control after the offender's release
from
imprisonment, in
accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court
imposes a prison term
for a felony of the
third, fourth, or fifth degree that is not subject to division
(F)(1) of this section, it
shall include in the sentence a
requirement that the
offender be
subject to a period of
post-release control after the
offender's release
from
imprisonment, in accordance with that
division, if the
parole
board determines that a period of
post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(G) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a
violent
sex
offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent
predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, and either the court does
not impose a sentence of life
without parole when authorized
pursuant to division (B) of section
2907.02 of the Revised Code,
or division (B) of section 2907.02 of
the Revised Code provides
that the court shall not sentence the
offender pursuant to
section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after
January 2, 2007, and a specification
of the type described in
section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after the
effective date of this amendment January 1, 2008, and that section
requires the
court to sentence the offender pursuant to section
2971.03 of the
Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after the effective date of this amendment
January 1, 2008,
and division (A)(2)(b)(ii) of section 2929.022,
division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),
(D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A)
or (B) of section
2929.06 of the Revised Code requires the court
to sentence the
offender pursuant to division (B)(3) of section
2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after the effective date of this amendment January
1, 2008, and
division (B)(2) of section 2929.02 of the Revised
Code requires
the court to sentence the offender pursuant to
section 2971.03 of
the Revised Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of
the Revised
Code applies regarding the
person while the person is
confined in a state
correctional
institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense.
(K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison.
If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement.
If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Section 2. That existing sections 2307.60, 2901.05, 2923.12,
2923.121,
2923.122,
2923.125, 2923.126, 2923.128, 2923.129,
2923.1210,
2923.1212,
2923.1213, 2923.16, and
2929.14 of the
Revised Code
are hereby repealed.
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