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H. B. No. 571 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Jordan, Maag, Snitchler, Zehringer, Martin, Beck, Sears, Wachtmann, Ruhl, Boose, Adams, J., Stebelton, Goodwin, Morgan, Derickson, Blair, Wagner, Bubp, Adams, R., Grossman, Okey, Dyer, O'Farrell, Combs, Garland, Mecklenborg, Pillich, Phillips, Patten, Hall
A BILL
To amend section 2923.126 of the Revised Code to
permit a concealed carry licensee who is an
employee of a private employer to store the
employee's handgun in a locked motor vehicle
parked on premises owned or leased by the
employer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.126 of the Revised Code be
amended to read as follows:
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 valid license issued under section 2923.125 or
2923.1213 of the Revised Code does not authorize the licensee to
carry a concealed handgun in any manner prohibited under division
(B) of section 2923.12 of the Revised Code or in any manner
prohibited under section 2923.16 of the Revised Code. A valid
license does not authorize the licensee to carry a concealed
handgun into any of the following places:
(1) A police station, sheriff's office, or state highway
patrol station, premises controlled by the bureau of criminal
identification and investigation, a state correctional
institution, jail, workhouse, or other detention facility, an
airport passenger terminal, or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of
section 5119.02 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, in violation of section 2923.123 of the
Revised Code;
(4) Any premises or open air arena for which a D permit has
been issued under Chapter 4303. of the Revised Code if the
licensee's carrying the concealed handgun is in violation of
section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private
college, university, or other institution of higher education,
unless the handgun is in a locked motor vehicle or the licensee is
in the immediate process of placing the handgun in a locked motor
vehicle;
(6) Any church, synagogue, mosque, or other place of worship,
unless the church, synagogue, mosque, or other place of worship
posts or permits otherwise;
(7) A child day-care center, a type A family day-care home, a
type B family day-care home, or a type C family day-care home,
except that this division does not prohibit a licensee who resides
in a type A family day-care home, a type B family day-care home,
or a type C family day-care home from carrying a concealed handgun
at any time in any part of the home that is not dedicated or used
for day-care purposes, or from carrying a concealed handgun in a
part of the home that is dedicated or used for day-care purposes
at any time during which no children, other than children of that
licensee, are in the home;
(8) An aircraft that is in, or intended for operation in,
foreign air transportation, interstate air transportation,
intrastate air transportation, or the transportation of mail by
aircraft;
(9) Any building that is 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) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing (a) Except as provided in division (C)(1)(b)
of this section, 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.
(b) A private employer shall not prohibit an employee of that
private employer who has been issued a valid license to carry a
concealed handgun from storing the employee's handgun in the
employee's personal locked motor vehicle that is parked on any
premises owned or leased by the employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer
is immune from liability in a civil action for any injury, death,
or loss to person or property that allegedly was caused by or
related to the private employer's decision to permit a licensee to
bring, or prohibit a licensee from bringing, a handgun onto the
premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in
a civil action, to the extent and in the manner provided in
Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly was caused by or related to a
licensee bringing a handgun onto any premises or property owned,
leased, or otherwise under the control of the political
subdivision. As used in this division, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division divisions (C)(1)(b) and
(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.
Section 2. That existing section 2923.126 of the Revised
Code is hereby repealed.
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