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H. B. No. 129 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Balderson, Blair, Boose, Bubp, Burke, Combs, Goodwin, Hall, Hite, Huffman, Jordan, Maag, Martin, Mecklenborg, Morgan, Sears, Snitchler, Uecker, Wachtmann
A BILL
To amend sections 1547.69, 2923.11, 2923.12,
2923.122, 2923.123, 2923.124, 2923.125, 2923.126,
2923.128, 2923.1212, 2923.1213, and
2923.16 of
the
Revised Code to authorize a person
to carry
a
concealed handgun without obtaining a
license
to
the same extent as if the person had
obtained
such a license, except on liquor permit
premises,
if the person qualifies for a concealed
carry
license and is legally permitted to purchase
a
handgun; to remove the requirements that a
concealed carry licensee must be carrying the
license in order to carry a concealed handgun,
must inform approaching law enforcement officers
that the person has a license and is carrying the
handgun when the person is carrying a concealed
handgun, and must submit a new or renewed
competency certification when renewing the
license; to eliminate as premises in which a
concealed carry licensee may not carry a concealed
handgun public or private institutions of higher
education, places of worship, day-care centers and
homes, and government buildings other than
schools, courthouses, law enforcement offices, and
correctional facilities; to replace the
prohibitions that apply only to a concealed carry
licensee who is carrying a handgun in a motor
vehicle with a prohibition against a licensee who
is in a motor vehicle that is stopped by a law
enforcement officer knowingly menacing or
threatening an officer with a loaded handgun or
knowingly pointing a loaded handgun at an officer;
to remove the "in plain sight or secure
encasement" criterion that a concealed carry
licensee must satisfy to legally possess a handgun
in a motor vehicle; and
to require a sheriff who
issues a renewed
concealed carry license to
return the expired
license to the licensee or
destroy it.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.69, 2923.11, 2923.12, 2923.122,
2923.123, 2923.124, 2923.125,
2923.126, 2923.128, 2923.1212,
2923.1213, and 2923.16 of the Revised Code be
amended to read as
follows:
Sec. 1547.69. (A) As used in this section:
(1)
"Firearm,"
and
"handgun," and "qualifies for a license"
have the same
meanings as in section 2923.11
of the Revised Code.
(2)
"Unloaded" has the same meaning as in section 2923.16
of
the Revised Code.
(B) No person shall knowingly discharge a firearm while in
or
on a vessel.
(C) No person shall knowingly transport or have a loaded
firearm in a vessel in
a manner that the firearm is
accessible to
the operator or any passenger.
(D) No person shall knowingly transport or have a firearm
in
a vessel unless it is unloaded and is carried in one of the
following ways:
(1) In a closed package, box, or case;
(2) In plain sight with the action opened or the weapon
stripped, or, if the firearm is of a type on which the action
will
not stay open or that cannot easily be stripped, in
plain
sight.
(E)(1) The affirmative defenses
authorized in
divisions
(D)(C)(1)
and (2) of section 2923.12 of the
Revised Code are
affirmative
defenses to a charge under division
(C) or (D) of this
section that involves a firearm other than a handgun. It is an
affirmative defense to a charge under division (C) or (D) of this
section of transporting or having a firearm of any type, including
a handgun, in a vessel that the actor transported or had the
firearm in the vessel for any lawful purpose and while the vessel
was on the actor's own property, provided that this affirmative
defense is not available unless the actor, prior to arriving at
the vessel on the actor's own property, did not transport or
possess the firearm in the vessel or in a motor vehicle in a
manner prohibited by this section or division (B) or (C) of
section 2923.16 of the Revised Code while the vessel was being
operated on a waterway that was not on the actor's own property or
while the motor vehicle was being operated on a street, highway,
or other public or private property used by the public for
vehicular traffic.
(2) No person who is charged with a violation of division
(C)
or (D) of this section shall be required to obtain a license
or
temporary emergency license to carry a concealed handgun under
section 2923.125 or 2923.1213 of the Revised
Code as a condition
for the dismissal of the charge.
(F) Divisions (B), (C), and (D) of this section do not
apply
to the possession or discharge of a United States coast
guard
approved signaling device required to be carried aboard a
vessel
under section 1547.251 of the Revised Code when the
signaling
device is possessed or used for the purpose of giving a
visual
distress signal. No person shall knowingly transport or
possess
any
signaling device
of that nature in or on a vessel in a
loaded
condition at any time other than immediately prior to the
discharge of the signaling device for the purpose of giving a
visual distress signal.
(G) No person shall operate or permit to be operated any
vessel on the
waters in this state in violation of this section.
(H)(1) This section does not apply to any of the following:
(a) An officer, agent, or
employee of this or any other state
or of the United States, or
to a law enforcement officer, when
authorized to carry or have
loaded or accessible firearms in a
vessel and acting within the
scope of the officer's, agent's, or
employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry or have loaded or accessible firearms in a
vessel, and who is subject to and in compliance with the
requirements of section 109.801 of the Revised Code, unless the
appointing authority of the person has expressly specified that
the exemption provided in division (H)(1)(b) of this section does
not apply to the person;
(c) Any person legally engaged in hunting.
(2) Divisions (C) and
(D) of this
section do not
apply to a
person who transports or possesses a
handgun in a
vessel and who,
at the time of that transportation or
possession, is carrying
qualifies for a license or has 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 on the vessel
described
in
division
(B) of section 2923.126 of the
Revised
Code.
(I) If a law enforcement officer stops a vessel for a
violation of this section or any other law enforcement purpose, if
any person on the vessel surrenders a firearm to the officer,
either voluntarily or pursuant to a request or demand of the
officer, and if the officer does not charge the person with a
violation of this section or arrest the person for any offense,
the person is not otherwise prohibited by law from possessing the
firearm, and the firearm is not contraband, the officer shall
return the firearm to the person at the termination of the stop.
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of
the
Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted
for
use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) "Firearm" means any deadly weapon capable of
expelling
or propelling one or more projectiles by the action of
an
explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but
that can
readily be rendered operable.
(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may
rely
upon circumstantial evidence, including, but not limited to,
the
representations and actions of the individual exercising
control
over the firearm.
(C) "Handgun" means any of the following:
(1) Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type
described in division (C)(1) of this section can be assembled.
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a
single
function of the trigger. "Automatic firearm" also means
any
semi-automatic firearm designed or specially adapted to fire
more
than thirty-one cartridges without reloading, other than a
firearm
chambering only .22 caliber short, long, or long-rifle
cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's
pistol, that is not designed as a firearm, but that is
specially
adapted
for use as a firearm;
(3) Any industrial tool, signalling device, or safety
device,
that is not designed as a firearm, but that
as designed is
capable
of use as such, when possessed, carried, or used as a
firearm.
(H) "Explosive device" means any device designed or
specially
adapted to cause physical harm to persons or property
by means of
an explosion, and consisting of an explosive
substance or agency
and a means to detonate it. "Explosive
device" includes without
limitation any bomb, any explosive
demolition device, any blasting
cap or detonator containing an
explosive charge, and any pressure
vessel that has been
knowingly tampered with or arranged so as to
explode.
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons
or
property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable
blade
that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following,
except
as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or
ballistic
knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives;
amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a
dangerous
ordnance.
(L) "Dangerous ordnance" does not include any of the
following:
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age,
that
employs a percussion cap or other obsolete ignition
system, or
that is designed and safe for use only with
black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable
for
sporting purposes, including a military weapon as issued or
as
modified, and the ammunition for that weapon, unless the
firearm
is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless
of
its actual age, is of a type in accepted use prior to 1887,
has no
mechanical, hydraulic, pneumatic, or other system for
absorbing
recoil and returning the tube into battery without
displacing the
carriage, and is designed and safe for use only
with black powder;
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and
cannot
readily be rendered operable or activated, and that is
kept as a
trophy, souvenir, curio, or museum piece.
(6) Any device that is expressly excepted from the
definition
of a destructive device pursuant to the "Gun Control
Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and
regulations
issued under that act.
(M) "Explosive" means any chemical compound,
mixture, or
device,
the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been
classified as
division 1.1, division
1.2, division 1.3, or
division 1.4 explosives by the
United States
department of
transportation in its regulations
and includes, but
is not
limited to, dynamite, black powder, pellet powders,
initiating
explosives, blasting caps, electric blasting caps,
safety fuses,
fuse igniters, squibs, cordeau detonant fuses,
instantaneous
fuses, and
igniter
cords and igniters. "Explosive"
does not
include "fireworks," as defined in
section 3743.01 of the
Revised
Code, or any substance or material otherwise meeting the
definition of explosive
set forth in this section that is
manufactured, sold, possessed,
transported, stored, or used in
any activity described in section
3743.80 of the Revised Code,
provided the activity is conducted in
accordance with all
applicable laws, rules, and regulations,
including, but not
limited to, the provisions of section 3743.80
of the Revised Code
and the rules of the fire marshal adopted
pursuant to section
3737.82 of the Revised Code.
(N) "Qualifies for a license" means not having a license
issued under section 2923.125 of the Revised Code or a temporary
emergency license issued under section 2923.1213 of the Revised
Code but being legally permitted to purchase a firearm under the
laws of this state and the United States and meeting all the
requirements for a license to carry a concealed handgun under
division (D)(1)(a) to (m) of section 2923.125 of the Revised
Code. A person
meets the requirement for a license that is
specified in division
(D)(1)(l) of section 2923.125 of the
Revised Code if the person
has a competency certification of any
type described in division
(B)(3) of that section, regardless of
when the certification was issued, and the person has read the
pamphlet
described in division (B)(4) of that section, regardless
of
whether the person has submitted to another person
certifications
of the types described in divisions (B)(3) and (4)
of that
section. For purposes of this division, a period of time
specified
in division (D)(1) of that section that is measured
from the date
of application shall be measured from the current
date.
Sec. 2923.12. (A) No person shall knowingly carry or
have,
concealed on
the person's person or concealed
ready at
hand, any
of the following:
(1) A deadly weapon
other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.
(B) No person who has been issued
a license or temporary
emergency license to carry a concealed
handgun under section
2923.125 or 2923.1213 of the Revised Code
or a license to carry a
concealed handgun that was issued by
another state with which the
attorney general has entered into a
reciprocity agreement under
section 109.69 of the Revised Code
shall do any of the following:
(1) If the person is stopped for a law enforcement purpose
and is carrying a concealed handgun, fail to promptly inform any
law enforcement officer who approaches the person after the person
has been stopped that the person has
been issued a license or
temporary emergency license to carry a
concealed handgun and that
the person then is carrying a
concealed handgun;
(2) If the person is stopped for a law enforcement purpose
and if the person is carrying a concealed handgun, knowingly fail
to keep the person's hands in plain sight at any time after any
law enforcement officer begins approaching the person while
stopped and before the law enforcement officer leaves, unless the
failure is pursuant to and in accordance with directions given by
a law enforcement officer;
(3) If the person is stopped for a law enforcement purpose,
if the person is carrying a concealed handgun, and if the person
is approached by any law enforcement officer while stopped,
knowingly remove or attempt to remove the loaded handgun from the
holster, pocket, or other place in which the person is carrying
it, knowingly grasp or hold the loaded handgun, or knowingly have
contact with the loaded handgun by touching it with the person's
hands or fingers at any time after the law enforcement officer
begins approaching and before the law enforcement officer leaves,
unless the person removes, attempts to remove, grasps, holds, or
has contact with the loaded handgun pursuant to and in accordance
with directions given by the law enforcement officer;
(4) If the person is stopped for a law enforcement purpose
and if the person is carrying a concealed handgun, knowingly
disregard or fail to comply with any lawful order of any law
enforcement officer given while the person is stopped, including,
but not limited to, a specific order to the person to keep the
person's hands in plain sight.
(C)(1) This section does not apply to any of the following:
(a) An officer, agent, or
employee of this or any other state
or the United States, or to a
law enforcement officer, who is
authorized to carry concealed weapons
or
dangerous ordnance or is
authorized to carry handguns and is acting within the scope of the
officer's, agent's, or employee's
duties;
(b) Any person who is employed in this state, who is
authorized to carry concealed weapons or dangerous ordnance or is
authorized to carry handguns, and who is subject to and in
compliance with the requirements of section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (C)(B)(1)(b) of
this section does not apply to the person;
(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 qualifies for a license or has 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)(C) It is an affirmative defense to a charge under
division
(A)(1) of this
section of carrying or having control of
a weapon
other than a handgun and other than a
dangerous ordnance
that the
actor was not otherwise prohibited
by
law from having
the weapon
and that any of the following
applies:
(1) The weapon was carried or kept ready at hand by the
actor
for defensive purposes while the actor was engaged in
or
was going
to or from the actor's lawful business or
occupation,
which
business or occupation was of
a character or was
necessarily
carried on in
a manner or at
a time or place
as
to render
the
actor particularly susceptible to criminal
attack, such as
would
justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the
actor
for defensive purposes while the actor was engaged in
a
lawful
activity and had reasonable cause to fear a criminal attack
upon
the actor, a member of the actor's
family, or
the
actor's home,
such as
would justify a prudent person in going
armed.
(3) The weapon was carried or kept ready at hand by the
actor
for any lawful purpose and while in the actor's own
home.
(E)(D) No person who is charged with a violation of this
section
shall be required to obtain a competency certification or
a
license or temporary emergency
license to carry a concealed
handgun under section 2923.125 or
2923.1213 of the Revised Code
as a condition
for the dismissal of
the charge.
(F)(E)(1) Whoever violates this
section is guilty of carrying
concealed weapons. Except as otherwise provided in this division
or division (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 (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
(F)(2) of this section, if 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 competency
certification, in the case of a person who qualifies for a
license, or 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
(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 (F)(2)(a) nor (b) of this section
applies, the offender shall be punished under division (F)(1)
of
this section.
(3) 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.
(G)(F) 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. 2923.122. (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 qualifies for a license or has 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)(6) 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 qualifies for a license or has 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. 2923.123. (A) No
person shall knowingly convey or
attempt to convey a deadly
weapon or dangerous ordnance into a
courthouse or into another building
or structure in which a
courtroom is located.
(B) No person shall
knowingly possess or have under the
person's control a deadly
weapon or dangerous ordnance in a
courthouse or in another building
or structure in which a
courtroom is located.
(C) This section does
not apply to any of the following:
(1) Except as provided in division (E) of this section, a
judge of a court of record of this state or a
magistrate;
(2) A peace officer, officer of a law enforcement agency, or
person who is in either of the following categories:
(a) Except as provided in division (E) of this section, a
peace officer, or an officer of a law enforcement
agency of
another state, a political subdivision of another
state,
or the
United
States, who is authorized to
carry a deadly weapon
or
dangerous ordnance, who possesses or
has under that
individual's
control a deadly weapon or dangerous
ordnance as a
requirement of
that individual's duties, and who
is acting within
the scope of
that individual's duties at the
time of that
possession or
control;
(b) Except as provided in division (E) of this section, a
person who is employed in this state, who is authorized to carry a
deadly weapon or dangerous ordnance, who possesses or has under
that individual's control a deadly weapon or dangerous ordnance as
a requirement of that person's duties, and who is subject to and
in compliance with the requirements of section 109.801 of the
Revised Code, unless the appointing authority of the person has
expressly specified that the exemption provided in division
(C)(2)(b) of this section does not apply to the person.
(3) A person who conveys, attempts to convey, possesses,
or
has under the person's control a deadly weapon or dangerous
ordnance that is to be used as evidence in a pending criminal or
civil action or proceeding;
(4) Except as provided in division (E) of this section, a
bailiff or deputy bailiff of a court of record of
this
state who
is authorized to carry a firearm pursuant to
section
109.77 of the
Revised
Code, who possesses or has
under that
individual's control
a firearm as a requirement of
that
individual's duties, and who is
acting within the scope of
that
individual's duties at the time of
that possession or
control;
(5) Except as provided in division (E) of this section, a
prosecutor, or a secret service officer appointed
by a
county
prosecuting attorney, who is authorized to carry a
deadly
weapon
or dangerous ordnance in the performance of the
individual's
duties, who possesses or has under that individual's
control a
deadly weapon
or dangerous ordnance
as a requirement of
that
individual's duties, and who is acting
within the scope of
that
individual's duties at the time of that
possession or
control;
(6) Except as provided in division (E) of this section, a
person who conveys or attempts to convey
a handgun
into a
courthouse or into another building or
structure in which a
courtroom is located, who, at the time of
the conveyance or
attempt, is carrying qualifies for a license or has a valid
license or temporary emergency license to carry a concealed
handgun
issued to the person under section 2923.125 or 2923.1213
of the Revised
Code or a license to carry a concealed handgun that
was issued by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code,
and who
transfers possession of the handgun to the
officer or
officer's
designee who has charge of the courthouse
or
building.
The
officer shall secure the handgun until the
licensee
or person who qualifies for a license is
prepared to
leave the
premises. The exemption described in this
division applies only
if the officer who has charge of the
courthouse or building
provides services of the nature described
in this division. An
officer who has charge of the courthouse or
building is not
required to offer services of the nature described
in this
division.
(D)(1) Whoever violates division (A) of this section is
guilty of illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse. Except as otherwise provided in this
division,
illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse
is a felony of the fifth degree. If
the
offender previously has been
convicted of a violation of
division
(A) or (B) of this
section, illegal conveyance of a
deadly weapon
or dangerous ordnance into a
courthouse is a felony
of the fourth
degree.
(2) Whoever violates division (B)
of this section is guilty
of illegal possession or control of a
deadly weapon or dangerous
ordnance in a courthouse. Except as otherwise
provided in this
division, illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse is a felony of the fifth
degree. If the
offender previously has been convicted of a
violation of division (A)
or (B) of this section, illegal
possession or control of a deadly
weapon or dangerous ordnance in
a courthouse is a felony of the fourth
degree.
(E) The exemptions described in divisions (C)(1), (2)(a),
(2)(b), (4), (5), and (6) of this section do not apply to any
judge, magistrate, peace officer, officer of a law enforcement
agency, bailiff, deputy bailiff, prosecutor, secret service
officer, or other person described in any of those divisions if a
rule of superintendence or another type of rule adopted by the
supreme court pursuant to Article IV, Ohio Constitution, or an
applicable local rule of court prohibits all persons from
conveying or attempting to convey a deadly weapon or dangerous
ordnance into a courthouse or into another building or structure
in which a courtroom is located or from possessing or having under
one's control a deadly weapon or dangerous ordnance in a
courthouse or in another building or structure in which a
courtroom is located.
(F) As used in this
section:
(1)
"Magistrate" means an individual who is appointed
by a
court of record of this state and who has the powers and
may
perform the functions specified in
Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40.
(2)
"Peace officer" and
"prosecutor" have the same
meanings
as in section 2935.01 of the Revised Code.
Sec. 2923.124. As used in sections 2923.124 to 2923.1213
of
the Revised Code:
(A)
"Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B)
"Competency certification" and
"competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C)
"Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(D)
"Licensee" means a person to whom a license to carry a
concealed handgun has been issued under section 2923.125 of the
Revised Code and, except when the context clearly indicates
otherwise, includes a person to whom a temporary emergency license
to carry a concealed handgun has been issued under section
2923.1213 of the Revised Code.
(E)
"License fee" or
"license renewal fee" means the fee for
a
license to carry a concealed handgun or the fee to renew that
license that is prescribed pursuant to division (C) of section
109.731 of the Revised Code and that is to be paid by an applicant
for a license of that type.
(F)
"Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(G)
"State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H)
"Valid license" means a license or temporary emergency
license to carry a concealed
handgun that has been issued under
section 2923.125 or 2923.1213 of the Revised
Code, that is
currently valid, that is not under a suspension
under division
(A)(1) of section 2923.128 or under section 2923.1213 of the
Revised Code, and
that has not been revoked under division (B)(1)
of section
2923.128 or under section 2923.1213 of the Revised
Code.
(I) "Civil protection order" means a protection order issued,
or consent agreement approved, under section 2903.214 or 3113.31
of the Revised Code.
(J) "Temporary protection order" means a protection order
issued under section 2903.213 or 2919.26 of the Revised Code.
(K) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
(L) "Child day-care center," "type A family day-care home"
and "type B family day-care home" have the same meanings as in
section 5104.01 of the Revised Code.
(M) "Type C family day-care home" means a family day-care
home authorized to provide child care by Sub. H.B. 62 of the 121st
general assembly, as amended by Am. Sub. S.B. 160 of the 121st
general assembly and Sub. H.B. 407 of the 123rd general assembly.
(N) "Foreign air transportation," "interstate air
transportation," and "intrastate air transportation" have the same
meanings as in 49 U.S.C. 40102, as now or hereafter amended.
(O) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(P) "Motor carrier enforcement unit" has the same meaning as
in section 2923.16 of the Revised Code.
Sec. 2923.125.
(A) Upon the request of a person who wishes
to obtain a license to carry a concealed handgun or to renew a
license to carry a concealed handgun, a sheriff, as provided in
division (I) of this section, shall provide to
the person free of
charge an application form and a copy of the
pamphlet described in
division (B) of section 109.731 of the
Revised Code. A sheriff
shall accept a completed application form and the fee, items,
materials, and information specified in divisions (B)(1) to (5) of
this section at the times and in the manners described in division
(I) of this section.
(B) An applicant for a license to carry a concealed
handgun
shall submit a completed application form and all of the
following
to the sheriff of the county in which the applicant
resides or to
the sheriff of any county adjacent to the county in which the
applicant resides:
(1) A nonrefundable license fee prescribed by the Ohio
peace
officer training commission pursuant to division (C) of
section
109.731 of the Revised Code, except that the sheriff
shall
waive
the payment of the license fee
in connection with an
initial
or
renewal application for a license that is
submitted by
an
applicant who is a retired peace officer, a
retired person
described in division (B)(1)(b) of section 109.77
of
the Revised
Code, or a retired federal law enforcement officer
who, prior to
retirement, was authorized under federal law to
carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement
officer retired as the result of a mental
disability;
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following
competency
certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within
the three
years immediately preceding the
application the
applicant has
performed that to which the
competency certification
relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the honorable discharge or retirement to
which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that was offered by or
under the auspices of the
national rifle association and that
complies with the requirements
set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that satisfies all of
the following criteria:
(i) It was open to
members of the general public.
(ii) It utilized qualified instructors
who were certified by
the national
rifle association, the
executive director of the Ohio
peace
officer training commission
pursuant to section 109.75 or
109.78
of the Revised Code, or a
governmental official or entity
of
another state.
(iii) It was offered
by or under the auspices of a
law
enforcement agency of this or
another state or the United
States,
a public or private college,
university, or other similar
postsecondary educational
institution
located in this or another
state, a firearms training
school
located in this or another
state, or another type of public
or
private entity or organization
located in this or another
state.
(iv) It complies with the
requirements set forth in
division
(G)
of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director
of the Ohio peace officer training commission pursuant to
section
109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily
completed and been issued a
certificate of completion of a basic
firearms training program, a
firearms requalification training
program, or another basic
training program described in section
109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of
the
armed forces of the United States, was honorably discharged
from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
(ii) That, through participation in the military service or
through the former employment described in division
(B)(3)(d)(i)
of this
section, the applicant acquired experience
with handling
handguns
or other firearms, and the experience so
acquired was
equivalent
to training that the applicant could have
acquired in a
course,
class, or program described in division
(B)(3)(a), (b), or
(c) of
this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise
described in division (B)(3)(a),
(b), (c), or (d) of this section,
that was conducted by an
instructor who was certified by an
official or entity of the
government of this or another state or
the United States or by the
national rifle association, and that
complies with the
requirements set forth in division (G) of this
section;
(f) An affidavit that attests to the applicant's
satisfactory
completion of a course, class, or program described
in division
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed
by the applicant's instructor or an authorized
representative of
the entity that offered the course, class, or
program or under
whose auspices the course, class, or program was
offered.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(C) Upon receipt of an applicant's completed application
form, supporting documentation, and, if not waived, license fee, a
sheriff, in the manner specified in section 311.41 of the Revised
Code, shall conduct or cause to be
conducted the criminal
records
check and the incompetency records check described in section
311.41 of the
Revised Code.
(D)(1) Except as provided in division (D)(3) or (4)
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.
For purposes of
division (D)(1)(a) of this section:
(i) If a person is absent from the United States, from this
state, or from a particular county in this state in compliance
with military or naval orders as an active or reserve member of
the armed forces of the United States and if prior to leaving this
state in compliance with those orders the person was legally
living in the United States and was a resident of this state, the
person, solely by reason of that absence, shall not be considered
to have lost the person's status as living in the United States or
the person's residence in this state or in the county in which the
person was a resident prior to leaving this state in compliance
with those orders, without regard to whether or not the person
intends to return to this state or to that county, shall not be
considered to have acquired a residence in any other state, and
shall not be considered to have become a resident of any other
state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of 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) 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) 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) 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 former 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 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 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
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 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,
and a
nonrefundable
license
renewal fee unless the fee is waived,
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 at one time had a competency
certification of the
type
described in division (B)(3) of this
section. A valid
license or any other previously issued license that has not been
revoked
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.
(2) A sheriff shall accept a completed renewal
application,
the license renewal fee, and information
specified in division
(F)(1) of this section at the times and
in the manners
described
in division (I) of this section. Upon
receipt of a completed
renewal application, of certification
that the applicant has
reread the
specified
pamphlet prepared by
the Ohio peace
officer training
commission,
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 meet the
requirements of
division (D)(1)(l) of this section. A
renewed license
that is
renewed on or after
March 14, 2007, shall expire
five years
after
the date of
issuance, and a renewed license that
is
renewed
prior to 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 or previously has
received a renewed competency
certification, 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
test
that demonstrates that the person is range
competent. In
these
circumstances, the person is not required to
attend the
course,
class, or program 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. A renewed
competency certification
issued under this
division shall be
dated and shall attest that
the 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.
(J) When a sheriff issues a renewed license, the sheriff
shall offer to return the expired license to the licensee. If the
licensee does not take the expired license, the sheriff shall
destroy it.
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 March 14, 2007, shall
expire five years after the date of
issuance, and a license that
is so issued prior to 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 competency certification described in or valid license
issued under section 2923.125 or
2923.1213 of the Revised
Code
does not authorize the licensee holder of the certification
or
license 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 competency certification or
valid license does not authorize
the licensee holder of the certification or license 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 holder'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 premises or open air arena
for which a D permit has
been issued under Chapter 4303. of the
Revised Code if the
licensee's holder'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 a government facility of
this state
or a political subdivision of this state 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)(6)
A place in which federal law prohibits the carrying
of
handguns.
(C)(1) Nothing in this section shall negate or restrict a
rule,
policy, or practice of a private employer that is not a
private
college, university, or other institution of higher
education
concerning or
prohibiting the presence of firearms on
the private
employer's
premises or property, including motor
vehicles owned by
the private employer. Nothing in this section
shall require a private employer of that nature to adopt a rule,
policy, or practice concerning or prohibiting the presence of
firearms on the private employer's premises or property, including
motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a person who qualifies
for a license or who is 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 person who
qualifies for a license or who is 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
person who qualifies for a license or who is 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)(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. 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
September 9, 2008,
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.
(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 (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 (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 (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 (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
five
years from the date on which the program was successfully
completed, and
the requalification is valid during that
five-year period. If a
retired peace officer who satisfies the
criteria set forth in
divisions (F)(2)(a)(i) to (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 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.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(a) The person satisfies the criteria set forth in
divisions
(F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from
receiving firearms.
(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)(2) 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 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) 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) 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. 2923.1212.
(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 a political
subdivision
of this state, or the officer's designee, who has
charge of a
building that is a government facility of
this state or the
political
subdivision
of this state,
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; and 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 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) 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 qualifies for a license or has been issued
a valid 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 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, who is the driver or an occupant of a
motor
vehicle that is stopped as a result of a traffic stop or a
stop
for another law enforcement purpose, if the person and who
is transporting
or has a loaded handgun in the motor vehicle in a
manner
authorized under division (E)(1) of this section, and if
the
person is approached by any law enforcement officer while
stopped,
knowingly remove or attempt to remove the loaded handgun
from the
holster, case, bag, box, container, or glove
compartment,
knowingly grasp or hold the loaded handgun, or
knowingly have
contact with the loaded handgun by touching it
with the person's
hands or fingers in the motor vehicle at any
time after the law
enforcement officer begins approaching and
before the law
enforcement officer leaves shall, while stopped,
knowingly
brandish the loaded handgun in a menacing manner while
a law
enforcement officer is approaching the vehicle or in a law
enforcement officer's presence, knowingly threaten a law
enforcement officer with the loaded handgun, knowingly point the
loaded handgun at a law enforcement officer, or otherwise
knowingly cause a law enforcement officer to believe that the
person will cause or attempt to cause physical harm to a law
enforcement officer with the handgun, unless the person removes,
attempts to
remove, grasps, holds, or has contact with the loaded
handgun engages in the conduct pursuant to and in accordance with
directions given by the law
enforcement officer;
(6) If the person is the driver or an occupant of a motor
vehicle that is stopped as a result of a traffic stop or a stop
for another law enforcement purpose and if the person is
transporting or has a loaded handgun in the motor vehicle in any
manner, knowingly disregard or fail to comply with any lawful
order of any law enforcement officer given while the motor vehicle
is stopped, including, but not limited to, a specific order to the
person to keep the person's hands in plain sight.
(F)(1) Divisions (A), (B), and (C), and (E) of this section
do
not apply to any of the following:
(a) An officer, agent, or
employee of this or any other state
or the United States, or a
law enforcement officer, when
authorized to carry or have loaded
or
accessible firearms in motor
vehicles and acting within the
scope of the officer's, agent's, or
employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry or have loaded or accessible firearms in motor
vehicles, and who is subject to and in compliance with the
requirements of section 109.801 of the Revised Code, unless the
appointing authority of the person has expressly specified that
the exemption provided in division (F)(1)(b) of this section does
not apply to the person.
(2) Division
(A) of this section does not
apply to a person
if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at
a
coyote or groundhog, the discharge is not during the deer gun
hunting season
as
set by the chief of the division of wildlife of
the department of natural
resources, and the discharge at the
coyote or groundhog, but for the operation
of this section, is
lawful.
(b) The motor vehicle from which the person discharges the
firearm is on real property that is located in an unincorporated
area of a
township and that either is zoned for agriculture or is
used for agriculture.
(c) The person owns the real property described in division
(F)(2)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property.
(d) The person does not discharge the
firearm in any of the
following manners:
(i) While under the influence of
alcohol, a drug of abuse,
or
alcohol and a drug of abuse;
(ii) In the direction of a street, highway, or
other public
or private property used by the public for
vehicular traffic or
parking;
(iii) At or into an occupied structure that is a
permanent
or
temporary habitation;
(iv) In the commission of any
violation of law, including,
but not limited to, a felony that
includes, as an essential
element, purposely or knowingly
causing or attempting to cause the
death of or physical harm to
another and that was committed by
discharging a firearm from a
motor vehicle.
(3) Division (A) of this section does not apply to a person
if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person discharges a firearm at a wild quadruped or
game bird as defined in section 1531.01 of the Revised Code during
the open hunting season for the applicable wild quadruped or game
bird.
(c) The person discharges a firearm from a stationary
electric-powered all-purpose vehicle as defined in section 1531.01
of the Revised Code or a motor vehicle that is parked on a road
that is owned or administered by the division of wildlife,
provided that the road is identified by an electric-powered
all-purpose vehicle sign.
(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, a highway, or other public
or private property that is 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.
(4) Division (A) of this section does not apply to a person
who discharges a firearm in self-defense while in or on a motor
vehicle.
(5) 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)(4)(F)(5)(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)(4)(F)(5)(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.
(5)(6) 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 both of
the
following apply:
(a) The person transporting or possessing the handgun is
carrying qualifies for a license or has 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 glove compartment or vehicle console or in a case that is
locked.
(6)(7) Divisions (B) and (C) of this section do not apply to
a
person if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle during the open hunting season for a wild quadruped
or game bird.
(c) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle that is parked on a road that is owned or
administered by the division of wildlife, provided that the road
is identified by an electric-powered all-purpose vehicle sign.
(G)(1) The affirmative defenses authorized in
divisions
(D)(1) and (2) division (C) 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
competency certification or 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. 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 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.
Section 2. That existing sections 1547.69, 2923.11, 2923.12,
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128,
2923.1212, 2923.1213, and 2923.16 of the Revised
Code are hereby
repealed.
Section 3. Section 2923.16 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Sub.
S.B. 184 and Sub. S.B. 209 of
the 127th General
Assembly. The
General Assembly, applying the
principle stated in
division (B)
of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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