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H. B. No. 158 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Adams, J., Dodd, Fende, Letson, Murray, Okey
A BILL
To amend section 2923.125 of the Revised Code to
require a sheriff to waive the license fee for a
license to carry a concealed handgun for an
instructor of a firearms course, class, or
program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.125 of the Revised Code be
amended to read as follows:
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 an instructor of a firearms course, class, or
program that meets the requirements of division (B)(3)(a), (b),
(c), or (e) of this section or 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 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, 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.
Section 2. That existing section 2923.125 of the Revised Code
is hereby repealed.
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