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H. B. No. 288 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives O'Brien, Carey, Derickson, Grossman, Johnson, Wachtmann, Maag, Hackett, Yuko
A BILL
To amend sections 2744.01, 2923.121, 2923.122,
2923.123, and 2923.126 of the Revised Code to
grant an emergency medical technician who is
providing volunteer medical assistance to a
county, township, or municipal SWAT team at the
SWAT team's request the same civil immunity
granted to a political subdivision employee and to
permit such an emergency medical technician to
carry a firearm onto, or possess a firearm on,
lands and premises during the time that the
technician is providing such medical assistance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2744.01, 2923.121, 2923.122,
2923.123, and 2923.126 of the Revised Code be amended to read as
follows:
Sec. 2744.01. As used in this chapter:
(A) "Emergency call" means a call to duty, including, but not
limited to, communications from citizens, police dispatches, and
personal observations by peace officers of inherently dangerous
situations that demand an immediate response on the part of a
peace officer.
(B) "Employee" means an officer, agent, employee, or servant,
whether or not compensated or full-time or part-time, who is
authorized to act and is acting within the scope of the officer's,
agent's, employee's, or servant's employment for a political
subdivision. "Employee" does not include an independent contractor
and does not include any individual engaged by a school district
pursuant to section 3319.301 of the Revised Code. "Employee"
includes any elected or appointed official of a political
subdivision. "Employee" also includes a person who has been
convicted of or pleaded guilty to a criminal offense and who has
been sentenced to perform community service work in a political
subdivision whether pursuant to section 2951.02 of the Revised
Code or otherwise, and a child who is found to be a delinquent
child and who is ordered by a juvenile court pursuant to section
2152.19 or 2152.20 of the Revised Code to perform community
service or community work in a political subdivision. Employee
also includes a volunteer tactical emergency medical technician
providing medical assistance to a SWAT team at the request of the
SWAT team, whether or not the technician is an actual employee of
a political subdivision.
(C)(1) "Governmental function" means a function of a
political subdivision that is specified in division (C)(2) of this
section or that satisfies any of the following:
(a) A function that is imposed upon the state as an
obligation of sovereignty and that is performed by a political
subdivision voluntarily or pursuant to legislative requirement;
(b) A function that is for the common good of all citizens of
the state;
(c) A function that promotes or preserves the public peace,
health, safety, or welfare; that involves activities that are not
engaged in or not customarily engaged in by nongovernmental
persons; and that is not specified in division (G)(2) of this
section as a proprietary function.
(2) A "governmental function" includes, but is not limited
to, the following:
(a) The provision or nonprovision of police, fire, emergency
medical, ambulance, and rescue services or protection;
(b) The power to preserve the peace; to prevent and suppress
riots, disturbances, and disorderly assemblages; to prevent,
mitigate, and clean up releases of oil and hazardous and extremely
hazardous substances as defined in section 3750.01 of the Revised
Code; and to protect persons and property;
(c) The provision of a system of public education;
(d) The provision of a free public library system;
(e) The regulation of the use of, and the maintenance and
repair of, roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, and public grounds;
(f) Judicial, quasi-judicial, prosecutorial, legislative, and
quasi-legislative functions;
(g) The construction, reconstruction, repair, renovation,
maintenance, and operation of buildings that are used in
connection with the performance of a governmental function,
including, but not limited to, office buildings and courthouses;
(h) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of jails, places of juvenile
detention, workhouses, or any other detention facility, as defined
in section 2921.01 of the Revised Code;
(i) The enforcement or nonperformance of any law;
(j) The regulation of traffic, and the erection or
nonerection of traffic signs, signals, or control devices;
(k) The collection and disposal of solid wastes, as defined
in section 3734.01 of the Revised Code, including, but not limited
to, the operation of solid waste disposal facilities, as
"facilities" is defined in that section, and the collection and
management of hazardous waste generated by households. As used in
division (C)(2)(k) of this section, "hazardous waste generated by
households" means solid waste originally generated by individual
households that is listed specifically as hazardous waste in or
exhibits one or more characteristics of hazardous waste as defined
by rules adopted under section 3734.12 of the Revised Code, but
that is excluded from regulation as a hazardous waste by those
rules.
(l) The provision or nonprovision, planning or design,
construction, or reconstruction of a public improvement,
including, but not limited to, a sewer system;
(m) The operation of a job and family services department or
agency, including, but not limited to, the provision of assistance
to aged and infirm persons and to persons who are indigent;
(n) The operation of a health board, department, or agency,
including, but not limited to, any statutorily required or
permissive program for the provision of immunizations or other
inoculations to all or some members of the public, provided that a
"governmental function" does not include the supply, manufacture,
distribution, or development of any drug or vaccine employed in
any such immunization or inoculation program by any supplier,
manufacturer, distributor, or developer of the drug or vaccine;
(o) The operation of mental health facilities, mental
retardation or developmental disabilities facilities, alcohol
treatment and control centers, and children's homes or agencies;
(p) The provision or nonprovision of inspection services of
all types, including, but not limited to, inspections in
connection with building, zoning, sanitation, fire, plumbing, and
electrical codes, and the taking of actions in connection with
those types of codes, including, but not limited to, the approval
of plans for the construction of buildings or structures and the
issuance or revocation of building permits or stop work orders in
connection with buildings or structures;
(q) Urban renewal projects and the elimination of slum
conditions;
(r) Flood control measures;
(s) The design, construction, reconstruction, renovation,
operation, care, repair, and maintenance of a township cemetery;
(t) The issuance of revenue obligations under section 140.06
of the Revised Code;
(u) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of any school athletic
facility, school auditorium, or gymnasium or any recreational area
or facility, including, but not limited to, any of the following:
(i) A park, playground, or playfield;
(ii) An indoor recreational facility;
(iii) A zoo or zoological park;
(iv) A bath, swimming pool, pond, water park, wading pool,
wave pool, water slide, or other type of aquatic facility;
(vi) A bicycle motocross facility or other type of
recreational area or facility in which bicycling, skating, skate
boarding, or scooter riding is engaged;
(vii) A rope course or climbing walls;
(viii) An all-purpose vehicle facility in which all-purpose
vehicles, as defined in section 4519.01 of the Revised Code, are
contained, maintained, or operated for recreational activities.
(v) The provision of public defender services by a county or
joint county public defender's office pursuant to Chapter 120. of
the Revised Code;
(w)(i) At any time before regulations prescribed pursuant to
49 U.S.C.A 20153 become effective, the designation, establishment,
design, construction, implementation, operation, repair, or
maintenance of a public road rail crossing in a zone within a
municipal corporation in which, by ordinance, the legislative
authority of the municipal corporation regulates the sounding of
locomotive horns, whistles, or bells;
(ii) On and after the effective date of regulations
prescribed pursuant to 49 U.S.C.A. 20153, the designation,
establishment, design, construction, implementation, operation,
repair, or maintenance of a public road rail crossing in such a
zone or of a supplementary safety measure, as defined in 49
U.S.C.A 20153, at or for a public road rail crossing, if and to
the extent that the public road rail crossing is excepted,
pursuant to subsection (c) of that section, from the requirement
of the regulations prescribed under subsection (b) of that
section.
(x) A function that the general assembly mandates a political
subdivision to perform.
(D) "Law" means any provision of the constitution, statutes,
or rules of the United States or of this state; provisions of
charters, ordinances, resolutions, and rules of political
subdivisions; and written policies adopted by boards of education.
When used in connection with the "common law," this definition
does not apply.
(E) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(F) "Political subdivision" or "subdivision" means a
municipal corporation, township, county, school district, or other
body corporate and politic responsible for governmental activities
in a geographic area smaller than that of the state. "Political
subdivision" includes, but is not limited to, a county hospital
commission appointed under section 339.14 of the Revised Code,
board of hospital commissioners appointed for a municipal hospital
under section 749.04 of the Revised Code, board of hospital
trustees appointed for a municipal hospital under section 749.22
of the Revised Code, regional planning commission created pursuant
to section 713.21 of the Revised Code, county planning commission
created pursuant to section 713.22 of the Revised Code, joint
planning council created pursuant to section 713.231 of the
Revised Code, interstate regional planning commission created
pursuant to section 713.30 of the Revised Code, port authority
created pursuant to section 4582.02 or 4582.26 of the Revised Code
or in existence on December 16, 1964, regional council established
by political subdivisions pursuant to Chapter 167. of the Revised
Code, emergency planning district and joint emergency planning
district designated under section 3750.03 of the Revised Code,
joint emergency medical services district created pursuant to
section 307.052 of the Revised Code, fire and ambulance district
created pursuant to section 505.375 of the Revised Code, joint
interstate emergency planning district established by an agreement
entered into under that section, county solid waste management
district and joint solid waste management district established
under section 343.01 or 343.012 of the Revised Code, community
school established under Chapter 3314. of the Revised Code, the
county or counties served by a community-based correctional
facility and program or district community-based correctional
facility and program established and operated under sections
2301.51 to 2301.58 of the Revised Code, a community-based
correctional facility and program or district community-based
correctional facility and program that is so established and
operated, and the facility governing board of a community-based
correctional facility and program or district community-based
correctional facility and program that is so established and
operated.
(G)(1) "Proprietary function" means a function of a political
subdivision that is specified in division (G)(2) of this section
or that satisfies both of the following:
(a) The function is not one described in division (C)(1)(a)
or (b) of this section and is not one specified in division (C)(2)
of this section;
(b) The function is one that promotes or preserves the public
peace, health, safety, or welfare and that involves activities
that are customarily engaged in by nongovernmental persons.
(2) A "proprietary function" includes, but is not limited to,
the following:
(a) The operation of a hospital by one or more political
subdivisions;
(b) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of a public cemetery other than
a township cemetery;
(c) The establishment, maintenance, and operation of a
utility, including, but not limited to, a light, gas, power, or
heat plant, a railroad, a busline or other transit company, an
airport, and a municipal corporation water supply system;
(d) The maintenance, destruction, operation, and upkeep of a
sewer system;
(e) The operation and control of a public stadium,
auditorium, civic or social center, exhibition hall, arts and
crafts center, band or orchestra, or off-street parking facility.
(H) "Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads" does not include berms, shoulders, rights-of-way,
or traffic control devices unless the traffic control devices are
mandated by the Ohio manual of uniform traffic control devices.
(I) "State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, colleges and universities,
institutions, and other instrumentalities of the state of Ohio.
"State" does not include political subdivisions.
(J) "SWAT team" means a special weapons and tactics team of a
county, township, or municipal law enforcement agency.
(K) "Tactical emergency medical technician" means any of the
following who is a volunteer providing medical assistance to a
SWAT team at the request of the SWAT team:
(a) A first responder, emergency medical service
technician-basic, emergency medical service
technician-intermediate, or emergency medical service
technician-paramedic who is licensed under Chapter 4765. of the
Revised Code;
(b) A physician who holds a current, valid certificate issued
under Chapter 4731. of the Revised Code;
(c) A nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code.
(L) "Volunteer" means a person who provides assistance either
for no compensation or for compensation that does not exceed the
actual expenses incurred in providing the assistance or in
training to provide the assistance.
Sec. 2923.121. (A) No person shall possess a firearm in any
room in which any person is consuming liquor in premises for which
a D permit has been issued under Chapter 4303. of the Revised Code
or in an open air arena for which a permit of that nature has been
issued.
(B)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or to a law enforcement officer, who is
authorized to carry firearms and is acting within the scope of the
officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry firearms, and who is subject to and in
compliance with the requirements of section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (B)(1)(b) of
this section does not apply to the person;
(c) Any room used for the accommodation of guests of a hotel,
as defined in section 4301.01 of the Revised Code;
(d) The principal holder of a D permit issued for premises or
an open air arena under Chapter 4303. of the Revised Code while in
the premises or open air arena for which the permit was issued if
the principal holder of the D permit also possesses a valid
license or temporary emergency license to carry a concealed
handgun issued to the principal holder under section 2923.125 or
2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued to the principal holder by another state
with which the attorney general has entered into a reciprocity
agreement under section 109.69 of the Revised Code and as long as
the principal holder is not consuming liquor or under the
influence of alcohol or a drug of abuse, or any agent or employee
of that holder who also is a peace officer, as defined in section
2151.3515 of the Revised Code, who is off duty, and who otherwise
is authorized to carry firearms while in the course of the
officer's official duties and while in the premises or open air
arena for which the permit was issued and as long as the agent or
employee of that holder is not consuming liquor or under the
influence of alcohol or a drug of abuse.
(e) Any person who is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued to the
person by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code and who possesses the firearm in a retail store with
D-6 and D-8 permits issued for that store under sections 4303.182
and 4303.184 of the Revised Code or a D-8 permit issued for that
store under section 4303.184 of the Revised Code, as long as the
person is not consuming liquor or under the influence of alcohol
or a drug of abuse.
(f)(i) A tactical emergency medical technician who is in open
possession of a firearm during the time that the tactical
emergency medical technician is performing the official duties of
a tactical emergency medical technician.
(ii) As used in division (B)(1)(f)(i) of this section,
"tactical emergency medical technician" has the same meaning as in
section 2744.01 of the Revised Code.
(2) This section does not prohibit any person who is a member
of a veteran's organization, as defined in section 2915.01 of the
Revised Code, from possessing a rifle in any room in any premises
owned, leased, or otherwise under the control of the veteran's
organization, if the rifle is not loaded with live ammunition and
if the person otherwise is not prohibited by law from having the
rifle.
(3) This section does not apply to any person possessing or
displaying firearms in any room used to exhibit unloaded firearms
for sale or trade in a soldiers' memorial established pursuant to
Chapter 345. of the Revised Code, in a convention center, or in
any other public meeting place, if the person is an exhibitor,
trader, purchaser, or seller of firearms and is not otherwise
prohibited by law from possessing, trading, purchasing, or selling
the firearms.
(C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in liquor permit
premises that involves the possession of a firearm other than a
handgun, that the actor was not otherwise prohibited by law from
having the firearm, and that any of the following apply:
(1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in or
was going to or from the actor's lawful business or occupation,
which business or occupation was of such character or was
necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal
attack, such as would justify a prudent person in going armed.
(2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in a
lawful activity, and had reasonable cause to fear a criminal
attack upon the actor or a member of the actor's family, or upon
the actor's home, such as would justify a prudent person in going
armed.
(D) No person who is charged with a violation of this section
shall be required to obtain a license or temporary emergency
license to carry a concealed handgun under section 2923.125 or
2923.1213 of the Revised Code as a condition for the dismissal of
the charge.
(E) Whoever violates this section is guilty of illegal
possession of a firearm in liquor permit premises. Except as
otherwise provided in this division, illegal possession of a
firearm in liquor permit premises is a felony of the fifth degree.
If the offender commits the violation of this section by knowingly
carrying or having the firearm concealed on the offender's person
or concealed ready at hand, illegal possession of a firearm in
liquor permit premises is a felony of the third degree.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance into a
school safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the object is capable of being fired.
(2) The person indicates that the person possesses the object
and that it is a firearm, or the person knowingly displays or
brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, who is
authorized to carry deadly weapons or dangerous ordnance and is
acting within the scope of the officer's, agent's, or employee's
duties, a security officer employed by a board of education or
governing body of a school during the time that the security
officer is on duty pursuant to that contract of employment, or any
other person who has written authorization from the board of
education or governing body of a school to convey deadly weapons
or dangerous ordnance into a school safety zone or to possess a
deadly weapon or dangerous ordnance in a school safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance
in accordance with that authorization;
(b) Any person who is employed in this state, who is
authorized to carry deadly weapons or dangerous ordnance, and who
is subject to and in compliance with the requirements of section
109.801 of the Revised Code, unless the appointing authority of
the person has expressly specified that the exemption provided in
division (D)(1)(b) of this section does not apply to the person.
(2) Division (C) of this section does not apply to premises
upon which home schooling is conducted. Division (C) of this
section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for legitimate school purposes during the course of
employment, a student who uses an object that is indistinguishable
from a firearm under the direction of a school administrator,
teacher, or employee, or any other person who with the express
prior approval of a school administrator possesses an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment, or other dramatic presentation, or a ROTC activity or
another similar use of the object.
(3) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if, at the time of that conveyance, attempted
conveyance, or possession of the handgun, all of the following
apply:
(a) The person does not enter into a school building or onto
school premises and is not at a school activity.
(b) The person is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(c) The person is in the school safety zone in accordance
with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in
division (B)(1) or (B)(3) to (10) of section 2923.126 of the
Revised Code.
(4) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if at the time of that conveyance, attempted
conveyance, or possession of the handgun all of the following
apply:
(a) The person is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(b) The person is the driver or passenger in a motor vehicle
and is in the school safety zone while immediately in the process
of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 of the
Revised Code.
(5) This section does not apply to a tactical emergency
medical technician who openly conveys or attempts to convey a
firearm into, or openly possesses a firearm in, a school safety
zone, if at the time of the open conveyance, attempted conveyance,
or possession of the firearm the tactical emergency medical
technician is performing the official duties of a tactical
emergency medical technician.
(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:
(1) "Tactical emergency medical technician" has the same
meaning as in section 2744.01 of the Revised Code.
(2) "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 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 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.
(7) Except as provided in division (E) of this section, a
tactical emergency medical technician who openly conveys or
attempts to convey a firearm into, or openly possesses a firearm
in, a courthouse or another building or structure in which a
courtroom is located, if at the time of the open conveyance,
attempted conveyance, or possession of the firearm the tactical
emergency medical technician is performing the official duties of
a tactical emergency medical technician.
(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), and (7) 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.
(3) "Tactical emergency medical technician" has the same
meaning as in section 2744.01 of the Revised Code.
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 in this section shall negate or restrict a
rule, policy, or practice of a private employer that is not a
private college, university, or other institution of higher
education concerning or prohibiting the presence of firearms on
the private employer's premises or property, including motor
vehicles owned by the private employer. Nothing in this section
shall require a private employer of that nature to adopt a rule,
policy, or practice concerning or prohibiting the presence of
firearms on the private employer's premises or property, including
motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer
is immune from liability in a civil action for any injury, death,
or loss to person or property that allegedly was caused by or
related to the private employer's decision to permit a licensee to
bring, or prohibit a licensee from bringing, a handgun onto the
premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in
a civil action, to the extent and in the manner provided in
Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly was caused by or related to a
licensee bringing a handgun onto any premises or property owned,
leased, or otherwise under the control of the political
subdivision. As used in this division, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division divisions (C)(3)(b) and
(c) 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) A prohibition posted under division (C)(3)(a) of this
section does not apply to a tactical emergency medical technician
who openly conveys a firearm onto, or openly possesses a firearm
on, posted land or premises if at the time of the open conveyance
or possession the tactical emergency medical technician is
performing the official duties of a tactical emergency medical
technician.
(d) 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.
(iii) "Tactical emergency medical technician" has the same
meaning as in section 2744.01 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 sections 2744.01, 2923.121,
2923.122, 2923.123, and 2923.126 of the Revised Code are hereby
repealed.
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